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

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

3. 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. 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. 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 2011-2013 National Initiatives – NSR/PSD – Air Toxics – Land-Based Gas Extraction (multimedia)

6. 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. 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. 8 Follow Up ? Contact me at haber.matt@epa.gov (415) 947-4154