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

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

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

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  1. Air EnforcementMatt HaberSenior AdvisorOffice 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 2011-2013 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. FollowUp ?Contact me at haber.matt@epa.gov(415) 947-4154

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