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Overview of Air Enforcement Cases: Identifying Violations and Compliance Processes

This document provides a comprehensive overview of air enforcement cases and the processes involved in identifying violations. It covers essential topics such as inspections, complaint investigations, and common violations related to emissions and compliance. Key aspects include the evaluation of high-priority violations and the subsequent legal processes involved. The document outlines typical penalties for violations and important contact information for compliance assistance. It serves as a guide for understanding regulatory compliance in air quality management.

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Overview of Air Enforcement Cases: Identifying Violations and Compliance Processes

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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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