EPA"s NSR enforcement policy

an improvident regulatory endeavor?
  • 55 Pages
  • 4.85 MB
  • English
Federalist Society for Law and Public Policy Studies , [Washington, D.C.]
Air -- Pollution -- Law and legislation -- United States, Air quality -- Government policy -- United States, Coal-fired power plants -- Law and legislation -- United S
Other titlesEnvironmental Protection Agency"s new source review enforcement policy.
StatementDavid B. Rivkin, Jr., Lee A. Casey, Mark Wendell DeLaquil.
ContributionsCasey, Lee A., DeLaquil, Mark Wendell., Federalist Society for Law & Public Policy Studies (U.S.)
LC ClassificationsKF3812 .R58 2006
The Physical Object
Pagination55 p. ;
ID Numbers
Open LibraryOL16354106M

You may need a PDF reader to view some of the files on this page. See EPA’s About PDF page to learn more. EPA''s Revised Policy with Respect to the New Source Review (NSR) Offset Provisions in Attainment, Marginal and Moderate Ozone Nonattainment Areas in the Ozone Transport Region (OTR) (PDF) (2 pp, 16 K).

New Source Review and Ozone National Ambient Air Quality Standards Aug - EPA proposed a rule addressing issues related to when pre-construction permitting requirements under the New Source Review (NSR) permitting program would transition from the 1-hour to the 8-hour National Ambient Air Quality Standards for ozone.

In an opinion that could cause owners and operators of power plants and other large facilities to think twice about construction projects, the U.S. Court of Appeals for the 6th Circuit ruled that the EPA has the authority under the CAA to take enforcement actions when it determines that a source has failed to meet CAA requirements about projecting emissions increases that will.

Stationary sources of air pollution General. No Action Assurance Regarding EPA-Issued Step 2 Prevention of Significant Deterioration Permits and Related Title V Requirements - (12/19/14); Revised Timely and Appropriate (T and A) Enforcement Response to High Priority Violations (HPVs) Policy (8/25/14); Guidance on Federally-Reportable Violations for Clean Air Act.

Download EPA"s NSR enforcement policy PDF

Enforcement Policy. This report sets out the “EPA’s Enforcement & Compliance Policy”. Frequently Asked Questions. What does the Office of Environmental Enforcement do. The OEE is an Office within the Environmental Protection Agency dedicated to the implementation and enforcement of environmental legislation in Ireland.

Its main functions. EPA’s Enforcement Power Now. With these opinions, the Third and Seventh Circuits join the Eighth and Eleventh Circuits in holding that failure to comply with PSD/NSR requirements is a one-time violation. Thus, the EPA must bring an enforcement action within five years of a modification it believes triggers the PSD/NSR requirements.

compliance history. Dispute resolution. There may be circumstances where you are concerned about or dispute an EPA compliance and enforcement decision, action or order.

In such cases you should, in the first instance, discuss the matter with the EPA officer involved or. The EPA recently released its new National Enforcement Initiatives for fiscal years – Reviewed and updated every three years, the National Enforcement Initiatives have also been incorporated into the EPA’s fiscal year Guidance to National Program Managers, i.e., EPA Regional Offices, states, and Indian Tribes implementing EPA-approved inspection.

EPA's Reactivation Policy in Court call any changes at their facilities "routine maintenance or repair ' or "an increase in the hours of operation"26 to exempt their actions from the permitting process.7 Furthermore, facilities have undermined the expec- tation of continuous air quality improvement by maintaining existingFile Size: 1MB.

Document Overview This model is for use by EPA and DOJ staff when negotiating a remedial design/remedial action (RD/RA) consent decree statement of work (SOW).

It should be used in conjunction with the RD/RA judicial consent decree (CD). The SOW is the technical attachment to the CD, which sets forth the procedures and requirements for implementing the remedial. Companies and corporate officials, often finding themselves at the mercy of government personnel and an unpredictable timetable, need their own resources to respond effectively.” The EPA Compliance and Enforcement Answer Book provides an essential resource to help level the playing s: Richard E.

Glaze Jr., Adam Sowatzka. Find out why so many environmental policy professionals depend on the exclusive reporting from Inside EPA.

Sign up for 30 days of no-obligation access. EPA and other federal agencies have unveiled a wide-ranging plan to encourage water reuse in a variety of sectors through partnerships with states, local governments and industry, marking the.

[EPA publication "The Challenge of the Environment: A Primer on EPA's Statutory Authority" - December ] "Our water resources, more perhaps than any other, illustrate the interaction of all parts of the environment and particularly, the recycling process that characterizes every resource of the ecosystem.

Evidence suggests that violations of the major NSR requirements are widespread. Thus, EPA has made enforcement of the CAA's New Source Review requirements a priority for the coming year.

EPA encourages regulated industries to take affirmative steps to improve compliance by meeting their obligation to obtain permits and reduce air emissions. Sometimes the light at the end of the tunnel is the end of the tunnel. Yesterday, the U.S. District Court for the Eastern District of Pennsylvania granted summary judgment to Metropolitan Edison Company (“MetEd”) (represented by Akin Gump in this suit), in a Clean Air Act (CAA) citizen suit brought by the states of New Jersey and Connecticut.

Reauthorization Amendments of (CZARA). This document, the SWRCB Policy for the Implementation and Enforcement of the Nonpoint Source Pollution Control Program (NPS Implementation and Enforcement Policy), explains how the NPS Program Plan will be implemented and enforced and, in so doing, fulfills the requirements of California Water.

Based on personal interviews with present and former enforcement officials at EPA, the U.S.

Details EPA"s NSR enforcement policy FB2

Department of Justice, and key congressional staff members—along with extensive research among EPA documents and secondary sources—the book vividly recounts the often tumultuous history of EPA’s enforcement by: 5. Back to Top: Revised Penalty Matrix for RCRA Section Civil Penalty Policy - (1/23/20) Revised penalty matrix for RCRA Section civil penalty policy.

The Environmental Compliance Program Area encompasses compliance related issues such as auditing, sources of regulations, executive orders, and policies applicable to Federal Facilities. For an overview of the environmental compliance auditing process, including EPA's perspective on compliance auditing and compliance auditing at federal facilities, click here.

Review and use input and provide feedback 7. Evaluate public involvement activities Goal: To consistently earn and keep the public's trust and credibility for EPA public involvement processes by: Evaluating and assimilating public viewpoints and preferences into final decisions where suitable and possible, and - Telling the public the decisions EPA made and how their.

Back to the Future: EPA Renews New Source Review Enforcement March 5, Clinton-era enforcement of the Clean Air Act (“CAA”) returned last month, as the Justice Department filed a complaint against Westar Energy, Inc. for allegedly failing to install the best available control technology (“BACT”) at one or more of its coal-fired.

Description EPA"s NSR enforcement policy PDF

NATIONAL COMPLIANCE AND ENFORCEMENT POLICY Page 5 of 13 • the duty holder’s compliance history, including such matters as prior convictions and notices issued • whether the duty holder was licensed or authorised to undertake certain types work • strategic enforcement priorities • the practicality of achieving results, and • the wider relevance of the event, including File Size: KB.

A New Source Review (NSR) is a permitting process created by the US Congress in as part of a series of amendments to the Clean Air NSR process requires industry to undergo an Environmental Protection Agency pre-construction review for environmental controls if they propose either building new facilities or any modifications to existing facilities that would create.

The EPA's revolving door Yet another high-level leader at the Environmental Protection Agency has decided to throw in the towel. Is. Title: EPA Manual Policy and Procedures Manual Created Date: Friday, Decem AM. Archives. EPA Reconsiders Enforcement of Old NSR (November 5, ) -- This is the press release from the Environmental Integrity Project (EIP) on the EPA announcement that it will no longer pursue NSR cases unless they are already filed.

Also included are two lists obtained from the EIP that set forth: 1) refineries, power plants and other industrial sources that received. State-EPA Compliance and Enforcement Ed Messina, Director Monitoring, Assistance, and Media Programs Division, Office of Compliance Don Lott, Associate Director legal & policy issues • Developing interface between EPA RCRA data systems and preparing for File Size: 1MB.

Elizabeth Kolbert writes about the decision by Scott Pruitt, the head of the E.P.A., to reverse an Obama-era decision to ban the pesticide chlorpyrifos for use on food crops.

On Februthe House Committee on Energy and Commerce held a hearing on the Environmental Protection Agency’s (“EPA”) New Source Review (“NSR”) permitting program as an initial step towards NSR reform.

NSR/PSD Reform Announced By EPA This article was edited and reviewed by FindLaw Attorney Writers As part of the Bush Administration's energy initiatives ofa review was undertaken by the EPA of the New Source Review/Prevention of Significant Deterioration (NSR/PSD) program under the Clean Air Act.

This memorandum provides guidance on the implementation of the major New Source Review (NSR) provisions under title 1, Part D of the Clean Air Act (Act) in fine particulate (PM) nonattainment areas in the interim period between the effective date of the PM National Ambient Air Quality Standard (NAAQS) designations (April 5, ) and.

Recommendation: To help improve EPA's implementation of NSR, the EPA Administrator should direct the entities responsible for implementing and enforcing NSR-specifically, the Office of Enforcement and Compliance Assurance, Office of Air Quality Planning and Standards, and EPA regions-to, using appropriate methods, such as sampling or periodic .EPA's push to overhaul and ease Clean Air Act new source review (NSR) permitting mandates includes plans in the coming months to issue a mixture of guidance and regulation on key issues including “aggregating” emissions for permitting purposes, and revising a policy on what qualifies as facility “maintenance” exempt from NSR.