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Air Enforcement Doug McDaniel Chief, Air Enforcement Office USEPA Region 9

Air Enforcement Doug McDaniel Chief, Air Enforcement Office USEPA Region 9. What we’ll cover:. How EPA enforces the Clean Air Act, including permits Roles for tribal governments in enforcing NSR permits. EPA Air Enforcement.

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Air Enforcement Doug McDaniel Chief, Air Enforcement Office USEPA Region 9

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  1. Air EnforcementDoug McDanielChief, Air Enforcement OfficeUSEPA Region 9

  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 is located in Sections 113 and 114 of the CAA. • Under Section 113 EPA can issue orders to comply, assess penalties, and initiate criminal prosecution and/or civil litigation in the U.S. Courts.

  4. EPA Air Enforcement • EPA’s authority for enforcement and inspections is located in Sections 113 and 114 of the CAA. • Under Section 114 EPA can conduct inspections, require testing, monitoring and submittal of records necessary for determining compliance with the Act.

  5. EPA Air Enforcement • EPA retains enforcement authority for both delegated and SIP/TIP approved programs. • EPA’s role in air enforcement often differs from that of state/local/tribal air pollution control agencies.

  6. EPA Air Enforcement • EPA (OECA) has several national enforcement initiatives for 2011-2013, including these related to air: • NSR/PSD • Air Toxics • Land-Based Gas Extraction (multimedia)

  7. EPA Air Enforcement • EPA’s policy on enforcement against tribal facilities (as opposed to private facilities located in Indian country): • http://www.epa.gov/compliance/resources/policies/state/84indianpolicy.pdf

  8. Enforcing Permits • Common violations: • Failure to obtain a permit • Before constructing • Before modifying • Failure to obtain the correct permit • Violations of permit conditions observed during an inspection

  9. Tribal Air Enforcement • Delegation • EPA retains enforcement authority • TIP Approval • Tribal government is primary regulatory authority, EPA also can enforce

  10. Tribal Air Enforcement • EPA Inspector Credentials for State/Tribal Inspectors • 2004 Guidance at: http://www.epa.gov/compliance/resources/policies/monitoring/inspection/statetribalcredentials.pdf

  11. Questions?or feel free to contact me at mcdaniel.doug@epa.gov(415) 947-4106

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