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

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 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.

4. 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.

5. 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.

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

7. EPA Air Enforcement
EPA’s policy on enforcement against tribal facilities (as opposed to private facilities located in Indian country):

8. 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

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

10. Tribal Air Enforcement
EPA Inspector Credentials for State/Tribal Inspectors
2004 Guidance at:

11. Questions. or feel free to contact me at mcdaniel. doug@epa
Questions ? or feel free to contact me at (415)