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Air Enforcement Cases

Air Updates 2012. Air Enforcement Cases. Identifying Violations. Inspections Complaint or routine Stack tests Reports Excess emission reports Certification of Compliance & Deviation reports Permitting process. Common Violations. Violation of a Synthetic minor limitation- criterion 3

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Air Enforcement Cases

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  1. Air Updates 2012 Air Enforcement Cases

  2. Identifying Violations • Inspections • Complaint or routine • Stack tests • Reports • Excess emission reports • Certification of Compliance & Deviation reports • Permitting process

  3. Common Violations • Violation of a Synthetic minor limitation- criterion 3 • A limit that was taken to keep a source below a major source threshold- • Title V • PSD • Violation of an allowable emission limit detected during a reference method test- criterion 8

  4. Common Violation cont • Violations that substantially interfere with determining the source’s compliance with applicable emission limit – criterion 7 • Typically failure to keep records or document a required activity. 

  5. Violation Evaluation • Evaluate violation to EPA’s High Priority matrix • This process dictates course of action • Google - timely and appropriate response to high priority violations (High Priority Violations) • High Priority Violations (HPVs) • Automatic Notice of Violation (NOV) • Non- HPVs • Evaluate source’s compliance history • Typical look back period is 7-10 years

  6. Assuming HPV • NOV written and sent to source- within 60 days • Typically the Request for Enforcement (RFE) process begins. The inspector prepares; • Memo describing violation • Regulatory citations • Compliance history • Requested Action • Administrative order • Civil penalty

  7. Layers of Reviews • The following people review the RFE • Unit supervisor • Section supervisor • Division administrator • Deputy director • If all support the package, it goes for a legal review. • EPA can also receive case – over file or by request

  8. RFE Process • Legal review • Will determine if the case meets legal requirements. • Enforcement meeting • All supervisors and legal team meet with Director • Case is discussed, questions resolved • Decision to forward case to AG or dismiss.

  9. Attorney General • AG’s office is it’s own entity • Deputy director is our liaison • Legal staff will meet with regularity (case updates) • Staff may get calls to answer questions • NDEQ involvement basically ends with referral

  10. Penalties • Penalties have ranged from $10,000 to $200,000. • Estimate average is $25,000-65,000 • Really depends on the violation. • All penalties go to school system

  11. Contact Information • Yvonne Austin – compliance assistance • 402-471-4561 • Todd Ellis – 402-471-4561 • todd.ellis@nebraska.gov

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