1. Air Enforcement Matt Haber Senior Advisor Office of Enforcement and Compliance Assurance

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

3. EPA Air Enforcement EPA’s authority for enforcement and inspections
Information gathering: Section 114
EPA can conduct inspections, require testing, monitoring and submittal of records necessary for determining compliance with the Act
Enforcement: Section 113
EPA can issue orders to comply, assess penalties, and initiate civil and/or criminal litigation in the U.S. Courts

4. EPA Air Enforcement What regulations can EPA enforce?
Federal only rules
e.g., Ozone Depleting Chemicals rules
Delegable rules
MACT and NSPS
Permit rules—PSD and Tribal NSR
Tribal Implementation Plans/State Implementation Plans

5. EPA Air Enforcement EPA Enforcement Goals
Cut toxic air pollution in communities, including communities in Indian country
Reduce air pollution from largest sources, including coal fired power plants, cement, acid and glass sectors
Fiscal Years National Initiatives
NSR/PSD
Air Toxics
Land-Based Gas Extraction (multimedia)

6. Enforcing Permits Common violations: Failure to obtain a permit
Before constructing
Before modifying
Failure to obtain the correct permit
Violations of permit conditions

7. Tribal Government Roles
Inherent authority to adopt air-related rules, issue permits and enforce
Enforce as citizen (Section 304)
Before Tribe has CAA Authority
Inspect on EPA’s behalf
EPA authorization and federal inspector credentials required
After Tribe has CAA authority
Conduct inspections and compliance reviews of
Tribally-issued Federal permits
Delegated permits/programs
Take administrative and judicial enforcement action

8. ? Contact me at haber.matt@epa.gov (415) 947-4154
Follow Up
? Contact me at (415)