What we’ll cover: How EPA enforces the Clean Air Act, including permits Roles for tribal governments in enforcing NSR permits.

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Presentation transcript:

Air Enforcement Doug McDaniel Chief, Air Enforcement Office USEPA Region 9

What we’ll cover: How EPA enforces the Clean Air Act, including permits Roles for tribal governments in enforcing NSR permits

EPA Air Enforcement EPA’s authority for enforcement and inspections is located in Sections 113 and 114 of the CAA. Under Section 113 EPA can issue orders to comply, assess penalties, and initiate criminal prosecution and/or civil litigation in the U.S. Courts.

EPA Air Enforcement EPA’s authority for enforcement and inspections is located in Sections 113 and 114 of the CAA. Under Section 114 EPA can conduct inspections, require testing, monitoring and submittal of records necessary for determining compliance with the Act.

EPA Air Enforcement EPA retains enforcement authority for both delegated and SIP/TIP approved programs. EPA’s role in air enforcement often differs from that of state/local/tribal air pollution control agencies.

EPA Air Enforcement EPA (OECA) has several national enforcement initiatives for 2011-2013, including these related to air: NSR/PSD Air Toxics Land-Based Gas Extraction (multimedia)

EPA Air Enforcement EPA’s policy on enforcement against tribal facilities (as opposed to private facilities located in Indian country): http://www.epa.gov/compliance/resources/policies/state/84indianpolicy.pdf

Enforcing Permits Common violations: Failure to obtain a permit Before constructing Before modifying Failure to obtain the correct permit Violations of permit conditions observed during an inspection

Tribal Air Enforcement Delegation EPA retains enforcement authority TIP Approval Tribal government is primary regulatory authority, EPA also can enforce

Tribal Air Enforcement EPA Inspector Credentials for State/Tribal Inspectors 2004 Guidance at: http://www.epa.gov/compliance/resources/policies/monitoring/inspection/statetribalcredentials.pdf

Questions. or feel free to contact me at mcdaniel. doug@epa Questions ? or feel free to contact me at mcdaniel.doug@epa.gov (415) 947-4106