Air Directors Meeting June 10, 2010

1. Air Directors MeetingJune 10, 2010 Air Enforcement Update Todd Russo Region 4

2. Recent Updates • Implementation of the High Priority Violations Policy • Clarification for the Minimum Data Requirements for Federally Reportable Violations

3. High Priority Violations (HPV) • Issued in December 1998 • Prioritizes federal, state, and local agency enforcement efforts • HPV’s should be addressed and/or resolved within 270 days • If not addressed and/or resolved within 270 days, the HPV is added to the Watchlist

4. High Priority Violations (HPV) - cont • Office of Inspector General (OIG) evaluated implementation of the HPV policy from Sep 08 to Aug 09 and issued a report in Oct 09 • OIG found that • HPV’s were not addressed in a timely manner because the policy was not followed • OECA did not oversee Regional and State/Local HPV performance and • Regions did not oversee State/Local HPV performance

5. High Priority Violations (HPV) - cont • What does this mean? • Closer oversight by OECA • OECA formed a workgroup that will evaluate the entire HPV policy

6. Federally Reportable Violations (FRV) Clarification • Original FRV guidance was issued in 1986 • FPV guidance defines what violations are FRVs for CAA stationary sources • What the minimum data requirements (MDR) are for AFS and • how to report FRVs in AFS

7. Federally Reportable Violations (FRV) Clarification - cont • As a result of the first round of State Review Framework evaluations, OECA observed that only HPV’s were being reported into AFS • Confusion occurred when the HPV policy was issued in 1998 because the HPV policy stated that it superseded all previous guidance on the subject • Some Regions and States and Locals were only reporting HPVs in AFS

8. Federally Reportable Violations (FRV) Clarification - cont • Tier I FRV • Any emissions or significant procedural violation, continuing, or likely to continue, based on credible evidence, for at least 7 days, of a federally-enforceable requirement at any source that is: • A major source • A synthetic minor source • Listed in a compliance monitoring plan (CMS) • A Part 61 NESHAP minor source (except Asbestos D&R violations), or • An active HPV

9. Federally Reportable Violations (FRV) Clarification - cont • Tier II FRV • Any emissions or significant procedural violation, continuing, or likely to continue, based on credible evidence, for at least 7 days, of a federally-enforceable requirement at any source not covered by Tier I that is: • Subject to a formal enforcement action (except violations of open burning or nuisance violations, or Asbestos D&R violations).

10. Federally Reportable Violations (FRV) Clarification - cont • While it’s important to report Tier I and Tier II FRVs, EPA’s highest national need is for complete, timely and accurate reporting of Tier I data from states and local agencies.

11. Minimum Data Requirements (MDR) • AFS Class Definitions • A = Major Source – pollutant emitted or has the potential to be emitted in major source amounts • SM = Synthetic Minor – potential emissions fall below major source thresholds if the source complies with the federally enforceable limitations • B = true minor or area source – actual and potential emissions are below major source thresholds

12. Minimum Data Requirements (MDR) - cont • C = pollutants of unknown class • ND = Not Defined - major source emissions threshold has not been defined (e.g., radionuclides)

13. Minimum Data Requirements (MDR) - cont • Summary of National MDRs for CAA Stationary Sources • Source Identification • CMS • Regulated Air Programs • Regulated Pollutants • Enforcement Actions with Air Programs • Additional Action Information • Timelines Standard