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ENFORCEMENT

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  • EPA Reconsiders Enforcement of Old NSR (November 5, 2003) -- 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 NOV�s under old NSR, which may now be reconsidered; and 2) power plants and other companies that were under investigation for NSR violations.  EIP states that it obtained both sets of data from U.S. EPA. The NOV list states that it was updated October 29, 2003; the list of ongoing investigations contains no notation regarding when it was last updated.
     

  • Documents Related to Generic Startup, Shutdown and Malfunction (SSM) Plans (October 28, 2003) -- EPA prepared two documents related to generic SSM plans. Click here to view comments the agency received when it was considering whether to develop generic plans. Click here to view a plain language document (Summary of Requirements for MACT Standard's Startup, Shutdown, and Malfunction Plans) that OAQPS developed.
     

  • EPA's Official Draft Consent Agreement and Final Order for CAFOs (October 9, 2003) -- This version differs from the one posted on September 25, 2003 and is EPA's "official" counter-proposal to the CAFO industry for an emission monitoring program that waives Clean Air Act enforcement for participating facilities, whether or not they are actually monitored.
     

  • Alaska Department of Environmental Conservation v. Environmental Protection Agency (October 9, 2003) -- These briefs were submitted to the Supreme Court by the petitioner and respondent in the Cominco case. Oral argument was held October 8, 2003, before the United States Supreme Court. Note that Cameron Leonard of the Alaska Attorney General�s Office, who discussed the case in our September Enforcement Committee conference call, is on the brief for Petitioner Alaska. The case arose from a state-federal dispute over the appropriate BACT requirement for Cominco�s Red Dog Mine PSD permit. In addition, EPA raised jurisdictional issues asserting the sufficiency of its administrative orders as final agency actions in the wake of the TVA case.
     

  • EPA Redraft of CAFO Safe Harbor Agreement (September 25, 2003) -- This EPA draft responds to the CAFO industry safe harbor proposal. EPA covenants not to sue participating CAFOs for Clean Air Act (CAA) violations while the agreement is in effect. The EPA agreement resolves liability for alleged violations of the CAA and the Comprehensive Environmental Response, Compensation and Liability Act at participating CAFO facilities. It requires participating CAFOs to pay a fine of $500 per facility and to contribute $2500 per facility to fund a CAFO air emissions monitoring program. At the end of the monitoring program, EPA will use the emissions data to develop methodologies for estimating emissions; CAFOs then must comply with all applicable CAA requirements based on the emissions-estimating methodologies developed by EPA. The EPA agreement states that nothing in the agreement is intended to affect the ability of states to enforce compliance with state laws. Several environmental groups issued a statement criticizing the agreement for, among other things, 1) providing an indefinite safe harbor, since the monitoring program has no timeline, 2) not requiring CAFOs to reduce pollution, 3) giving the CAFOs control of the monitoring program, and 4) assessing a minimal fine. Click here for a copy of a fact sheet prepared by EPA Headquarters regarding the agreement. Click here for a press release and letter from Senator Lieberman expressing concerns about this agreement and EPA's negotiations and posing a series of questions to EPA Acting Administrator Horinko.
     

  • United States vs. Duke Energy Corp (August 29, 2003) -- This opinion accompanied the August 26 order by Judge Bullock in the new source review case, United States v. Duke Energy Corp. The court denied defendant�s motion for summary judgment.  The case will proceed to trial.  The opinion, however, in contrast to the Ohio Edison holding, agreed with Duke Energy that �routine� maintenance should be determined at trial by reference to industry standards rather than the history of the unit or plant.  Judge Bullock also stated that the question of whether Duke Energy�s projects caused an increase in annual net emissions must be decided �assuming constant hours and conditions of operation.
     

  • Proposed Consent Decree on BART Provisions of Regional Haze Rule (August 20, 2003) -- EPA and Earthjustice, on behalf of Environmental Defense, filed this consent decree, which requires EPA to propose a best available retrofit technology (BART) rule by April 2004 and issue a final BART rule by April 2005. The consent decree will be published in the Federal Register to obtain public comment. In May 2002, the D.C. Circuit Court upheld the basic structure of EPA�s Regional Haze Rule, but vacated the BART provisions. The consent decree sets a schedule for EPA to proceed with rulemaking on revised BART provisions. The Regional Haze Rule was promulgated by EPA to implement the Clean Air Act�s goal of remedying and preventing impairment of visibility in national parks and wilderness areas that results from manmade air pollution. In part, this goal is to be effectuated through installation of BART on each older source of pollution that emits any air pollutant which may reasonably be anticipated to cause or contribute to any impairment of visibility in any such area. Click here for Earthjustice's press release.
     

  • STAPPA/ALAPCO�s Comments and Recommendations on EPA�s Draft National Stack Testing Guidelines (August 15, 2003) --  EPA is developing the guidance in response to matters raised by a 2000 report of the EPA Inspector General.  The Enforcement and Compliance Committee submitted S/A�s comments on August 15, 2003.
     

  • United States of America vs. Ohio Edison Company (August 8, 2002) -- This case, United States v. Ohio Edison Co., S.D. Ohio, No. C-2-99-1181, is the first in EPA�s New Source Review (NSR) enforcement initiative to define the �routine maintenance, repair, and replacement� exemption to the major modification requirement of NSR. It sets forth detailed analysis of what constitutes �routine,� and includes analysis of the parties� arguments regarding calculation of baseline emissions.
     
  • EPA Draft Stack Testing Guidance (July 9, 2003) -- EPA is providing STAPPA and ALAPCO an opportunity to comment on the agency's Draft Stack Testing Guidance document.  This guidance is intended to expand upon the CMS and HPV guidance provisions already in place, to improve consistency in conducting and assessing stack tests among States, Locals and EPA Regional Offices.  The guidance is intended to address concerns raised by the Inspector General regarding EPA oversight of State and Local stack testing programs, in a 2000 Inspector General Report. You can also find a Power Point presentation by Greg Gholson, the EPA lead on this guidance development, in the Enforcement and Compliance Workshop presentations below.
    The guidance refers to the following documents:
  • Enforcement and Compliance Workshop Presentations (June 27, 2003)
     
  • Draft EPA Emission Inventory Data for Medical Waste Incinerators (June 26, 2003) - EPA has prepared this draft medical waste incinerator facility and emission inventory. This information was discussed during the STAPPA/ALAPCO/EPA conference call on July 8, 2003. Please do not make this data publicly available. EPA will issue final information within several weeks, which will be available to the public (on EPA's website). If you have questions, comments, changes, please contact Tom Holloway at tcholloway@rti.org by July 18, 2003.
     
  • Opinion in Tennessee Valley v. EPA. (June 26,2003) --This is the opinion issued recently by the Court of Appeals for the Eleventh Circuit.  (See June 23-27 Washington Update.) The decision declared EPA�s administrative compliance orders unconstitutional in some circumstances.  A victory for TVA, which had claimed that its boiler modifications were not subject to new source review, the case may have broad enforcement ramifications.
     
  • EPA's Response to STAPPA/ALAPCO Letter on Safe Harbor Agreement and Fugitive Emissions Policy (June 24, 2003) -- This is EPA's response to the letter STAPPA/ALAPCO sent on April 7, 2003, to express our serious concerns with (1) a �safe harbor� agreement between EPA and animal farming operations and (2) a policy that would deem most agricultural air emissions �fugitive� emissions, thus obviating the need for most large or medium-sized agricultural operations to obtain a Title V permit or comply with major or minor source control requirements. Identical letters were sent to the presidents of STAPPA and ALAPCO.
     
  • Archer Daniels Midland Company and Alcoa NSR Settlement Agreements (April 10. 2003) � This document is comprised of two press releases announcing the Justice Department and EPA�s New Source Review (NSR) settlements with the grain industry giant Archer Daniels Midland Company (ADM) and Alcoa, Inc.   According to the releases, the settlements will result in approximately $700 million in environmental remediation and penalties.  The ADM settlement will cover operations at 52 plants in 16 states and will require the company to spend $340 million over a 10-year period, including $213 million for capital improvements such as air pollution control equipment.  In addition, ADM will pay a civil penalty of $4.6 million that will be shared with the state co-plaintiffs (Arkansas, Indiana, Illinois, Iowa, Kansas, Minnesota, Missouri, Nebraska, North Dakota, South Carolina and Texas), and will spend $6.3 million on supplemental environmental projects.  The second settlement was reached with Alcoa, Inc., and will require the company to spend an estimated $330 million to install a new coal-fired power plant with state-of-the-art pollution controls at the company�s production facility in Rockdale, Texas. 

  • Letter to EPA Administrator on Safe Harbor Agreement and Fugitive Emissions Policy (April 8, 2003) -- STAPPA and ALAPCO sent a letter to EPA Administrator Christine Todd Whitman to express our serious concerns with (1) a �safe harbor� agreement between EPA and animal farming operations and (2) a policy that would deem most agricultural air emissions �fugitive� emissions, thus obviating the need for most large or medium-sized agricultural operations to obtain a Title V permit or comply with major or minor source control requirements. STAPPA and ALAPCO requested a meeting with Administrator Whitman to discuss these two potential policy developments. The �safe harbor� agreement that EPA is about to enter into is almost identical to the industry proposal with which STAPPA and ALAPCO had many concerns. In addition, EPA is contemplating a policy that would permanently exempt many agricultural air emissions from regulation by deeming them fugitive emissions.

  • EPA's Voluntary Superior Monitoring Program (February 2003) -- This document is a presentation by Dan Bivins, EPA, OAQPS, describing a program EPA is developing intended to encourage CAA regulated facilities to install and conduct superior monitoring of emissions units.

  • EPA Draft Inventory of Medical Waste Incinerators (February 4, 2003) -- EPA developed this draft inventory of MWIs currently operating and subject to the emission limits in the MWI regulations. This inventory does not include units that may be required to keep records of what they burn under the medical waste incinerator rules (e.g., pathological units), but are exempt from the emission limits in these rules. EPA is interested in feedback or errors related to this inventory. Please send corrections to Mary Douglas of STAPPA/ALAPCO at mdouglas@4cleanair.org by February 11, 2003. The spreadsheet contains a worksheet that lists the compliance emission test reports EPA has in hand and another listing those medical waste incinerators which are not currently operating, but which have not been disassembled or rendered inoperative by some means.

  • STAPPA/ALAPCO Comments on Section 112(j) and General Provisions Rule Amendment (January 16, 2003) � This document contains STAPPA/ALAPCO�s comments on EPA�s proposed rule amendments, which appeared in the Federal Register on December 9, 2002 (67 FR 72875).
  • EPA has completed the Air Compliance and Enforcement Information System Needs Analysis Report and has made the report available to us and would appreciate any feedback on the report. The EPA contact for this effort is Betsy Metcalf, metcalf.betsy@epamail.epa.gov. Provided here are the Executive Summary as well as the complete Needs Analysis.

  • Ruling on Southern Indiana Gas and Electric Company�s (SIGECO�s) Summary Judgment Motion to Dismiss EPA�s NSR Case (October 30, 2002) � This document is comprised of an October 24, 2002 order from the U.S. District Court for the Southern District of Indiana denying Southern Indiana Gas and Electric Company�s (SIGECO�s) motion for summary judgment to dismiss EPA�s case against the utility for New Source Review (NSR) violations

  • OECA�s Air Compliance and Enforcement Information System Needs Analysis Draft Report (October 4, 2002) � This document is comprised of EPA�s Office of Enforcement and Compliance Assurance�s preliminary report identifying the Air Compliance and Enforcement information needs to support the management of the national air stationary source compliance/enforcement program.

  • EPA Redraft of Rules of Engagement (August 14, 2002) - This document is comprised of EPA's mark-up of STAPPA/ALAPCO's Rules of Engagement. The redraft represents the comments of the EPA Regions.

  • STAPPA/ALAPCO Proposed Emissions Monitoring and Environmental Compliance Agreement with the CAFO Industry (August 15, 2002) - This is the STAPPA/ALAPCO Agriculture Committee proposal for an agreement with the CAFO industry that would create an emissions monitoring program and provide for a limited waiver of enforcement by EPA and participating states and localities for animal production facilities that participate in the program, not to exceed one year. EPA�s Office of Enforcement and Compliance Assurance (OECA) is scheduled to meet with CAFO industry representatives the week of August 19, 2002, to discuss the industry proposal (posted below) and present STAPPA/ALAPCO�s proposed agreement.

  • EPA�s Potential National Enforcement Priorities for Fiscal Years 2004 and 2005 (July 23, 2002) � This entry is comprised of two background documents (a July 23, 2002 memorandum and attachments 1-4) that briefly outline EPA's first steps for identifying potential national priorities for FY 2004-2005.
  • STAPPA /ALAPCO�s Compliance Certification and Stack Testing Survey Results (June, 2002) - This document contains the results of the associations� April 2002 stack testing and compliance certification survey.

  • Presentations at the STAPPA/ALAPCO/EPA Enforcement and Compliance Workshop -- June 5-6, 2002 in St. Louis, MO -- (June 14, 2002)

  • EPA's Response to Utility Air Regulatory Group CAM Lawsuit (May 16, 2002) - This document is comprised of EPA's response to UARG's court challenge to EPA's recently promulgated "Compliance Assurance Monitoring" rules addressing enhanced monitoring is a new interpretation of Section 70.6(c)(1) that is beyond the scope of Title V regulations.

  • Particulate-Related Health Impacts of Eight Electric Utility Systems (April 17, 2002) -- A report prepared by Abt Associates on the health impacts of pollution from the eight utilities cited by the U.S. Department of Justice for violating the CAA. To view the related press release, click here.

  • STAPPA /ALAPCO�s Compliance Certification and Stack testing Survey (April 2, 2002)- This document is comprised of a seven page questionnaire, which the associations will use to help determine the status of state and local air agencies� stack testing and compliance certification efforts. Please print out this questionnaire, complete all questions and fax, (202) 624-7863, your completed copy to Geri O�Sullivan of STAPPA/ALAPCO AS SOON AS POSSIBLE, but no later than Friday, April 26, 2002. Please note that the results will be shared with all STAPPA and ALAPCO members, as well as EPA.

  • Eric Schaeffer�s Resignation Letter (March 1, 2002) � Eric Schaeffer resigned from his position as Director of the Office of Regulatory Enforcement at EPA. . In his resignation letter to EPA Administrator Christine Todd Whitman, Schaeffer expresses frustration that the current administration�s policies are hurting efforts to enforce the Clean Air Act.

  • Utility Air Regulatory Group CAM Lawsuit (January 31, 2002) - This document is comprised a the petitioner's (UARG's) brief which alleges that EPA's recently promulgated "Compliance Assurance Monitoring" rules addressing enhanced monitoring is a new interpretation of Section 70.6(c)(1) that is beyond the scope of Title V regulations. According the petitioner's brief, this new interpretation also overrides EPA's Compliance Assurance Monitoring (CAM) rule, and therefore is an unlawful attempt to exercise legislative power.

  • Department of Justice Review of EPA�s New Source Review (NSR) Enforcement Actions (January 15, 2002)- This document, which is compromised of a DOJ press release and report, contains the Department's conclusions regarding EPA's NSR enforcement actions against utilities and refineries. According to the DOJ report, EPA�s existing enforcement actions are consistent with the Clean Air Act and should be allowed to continue.

  • Tennessee Valley Authority (TVA) Appellate Court Decision (January 11, 2002) - This document, which is comprised of a January 9, 2002 United States Court of Appeals decision, contains the latest developments in TVA's litigation challenging EPA's New Source Review enforcement initiatives.

  • EPA Memorandum on CMS Reporting Requirements (October 24, 2001) - This document, which is comprised of an October 22, 2001 memorandum from Michael Stahl, outlines EPA's decision to make certain reporting requirements under the agency's Compliance Monitoring Strategy optional.

  • Powerpoint Presentation of Bruce Buckheit (EPA) at the STAPPA/ALAPCO Fall 2001 Membership Meeting in Nebraska City, NE -- (October 16, 2001)

  • STAPPA/ALAPCO's Supplemental Comments on EPA's Draft Enforcement Grant Guidance Proposal (September 5, 2001) - This document contains the associations' final comments on EPA's August 3, 2001 draft �FY 2002 State and Tribal Enforcement Grant Program Guidance.� Specifically, the draft guidance outlines EPA�s proposal for allocating the $25 million set-aside for state and tribal enforcement activities in the President�s FY 2002 budget. The draft proposal is based on the comments EPA received on its April 30, 2001 �Options Framework for FY 2002 State/Tribal Enforcement Grant Program.�

  • EPA Letter Regarding OECA's Enforcement Initiative (August 15, 2001)- This document, which is comprised of an August 9, 2001 letter from Administrator Whitman to the National Environmental Trust, outlines EPA's most recent position on OECA's utility enforcement activities. According to the letter, the recent NSR review process is independent of EPA's enforcement activities and the Agency is moving ahead "as usual" on these cases.

  • National Academy of Public Administration's (NAPA) "Evaluating Environmental Progress: How EPA and the States Can Improve the Quality of Enforcement and Compliance Information" (August 14, 2001) - This file contains NAPA's independent evaluation of the state and federal enforcement data, as well as recommendations to Congress, EPA and states actions as may be necessary for ensuring public access to accurate, credible and consistent enforcement data. Although a copy of the report has not yet been released on the NAPA website, EPA has indicated that the report is final.

  • EPA FY 2002 State and Tribal Enforcement Grant Program Proposal Paper (August 7, 2001) - This document describe EPA's proposed approach for the $25 million State and Tribal Enforcement Grant Program included in the President's FY 2002 Budget. According to EPA, the approach was developed after outreach to state, local and tribal representatives. The Enforcement and Compliance Committee will compile the associations' comments on the draft proposal, which are due to EPA by September 5, 2001. Please submit any comments to Geri O'Sullivan by August 28, 2001.

  • EPA FY 2002 State and Tribal Enforcement Grant Program Proposal Paper (August 7, 2001) - This document, which is comprised of proposal, an EPA cover memo and summary document, constitutes EPA's proposed approach for the $25 million State and Tribal Enforcement Grant Program included in the President's FY 2002 Budget. The Enforcement and Compliance Committee will compile the associations' comments on the draft proposal, which are due to EPA by September 5, 2001. Please review and submit any comments to Geri O'Sullivan by August 28, 2001.

  • EPA's Compliance Monitoring Strategy (CMS) Training Materials (July 23, 2001) - This document, which consists of a CMS Policy PowerPoint presentation and a CMS Technical Support document, comprises EPA's CMS training materials. For additional information about EPA's CMS training schedule, please contact Rob Lischinsky of EPA at Lischinsky.Robert@epamail.epa.gov.

  • EPA's FY 2001 Compliance Assistance Activity Plan (July 18, 2001) - This document contains EPA's FY 2001 Compliance Assistance Activity Plan (plan), which was released by the agency on June 8, 2001. The plan contains 368 activities and projects from seven EPA Headquarters program offices and all ten regional offices. According to EPA, the plan is a "first-of-its-kind" effort to annually inventory all upcoming EPA compliance assistance projects and activities to enable the agency to make the most efficient use of its resources. To view a copy of the plan project inventory, click here.

  • EPA FY 2002 and 2003 Enforcement Priorities (June 22, 2001) - This document contains the Office of Enforcement and Compliance (OECA's) memorandum of agreement (MOA) for its FY 2002 and 2003 enforcement priorities. The MOA outlines six priority areas that the agency will concentrate its enforcement efforts on in the upcoming months, including enforcement of new source review and prevention of significant deterioration requirements to ensure attainment of National Ambient Air Quality Standards, concluding Clean Air Act enforcement actions against petroleum refineries and adopting regional MACT standards to control air toxics. To view a copy of the accompanying cover memorandum from Sylvia K. Lowrance to EPA Regional Directors, click here. To view a copy of EPA�s recently revised description of the OECA enforcement and compliance core program elements, click here.

  • President's National Energy Policy Recommendations Sorted by Committee (June 12, 2001) -- On May 17, 2001, President Bush announced his National Energy Policy. The 170-page document contains over 100 recommendations covering a range of energy-related issues. These recommendations pertain to a number of areas of interest to STAPPA/ALAPCO committees. To ensure that the STAPPA/ALAPCO committees were aware of these recommendations in the event the committees wanted to follow-up on or track any of them, this document provides a summary of selected recommendations organized by STAPPA/ALAPCO committee. Also available is a list of EPA directives in the President's national energy policy,, prepared by EPA.

  • STAPPA/ALAPCO's Comments on EPA's Enforcement Grant Guidance (May 31, 2001) - This document contains the associations' final comments on U.S. Environmental Protection Agency's (EPA's) April 30, 2001 "Options Framework for FY 2002 State/Tribal Enforcement Grant Program," which outlines various grant guidance options for allocating the $25 million set-aside for state and tribal enforcement activities in the President's FY 2002 budget.

  • STAPPA/ALAPCO Final Comments on EPA's Information Collection Request for CMS and HPV (May 30,2001) - This document contains the associations� final comments on EPA�s Source Compliance and State Action Reporting for Stationary Sources of Air Pollution Information Collection Request (ICR) (66 Fed. Reg. 8588), as well as the March 27, 2001 supporting technical information. Specifically, the purpose of the ICR is to make adjustments to AIRS/AFS for HPV simplification and to address the proposed revised CMS. The technical documents provide the specific data changes that EPA intends to require based on the HPV and CMS guidance documents.

  • EPA Draft FY 2002 National Program and Grant Guidance Documents (May 17, 2001) - EPA has provided STAPPA/ALAPCO with its Draft FY 2002 National Program and Grant Guidance, which includes the proposed allocation of state and local air grants by activity and region. EPA has requested the associations' comments on the guidance and allocation. Accordingly, please send any comments you have to Mary Sullivan Douglas of STAPPA/ALAPCO at mdouglas@sso.org by the close of business on May 29, 2001. EPA's documents include a letter requesting STAPPA/ALAPCO's input, the draft "FY 2002 National Program and Grant Guidance", the draft "FY 2002 Grant Guidance for Selected Air and Radiation Programs", and a spreadsheet showing the grant allocation by region and activity.

  • EPA's Compliance Monitoring Strategy (April 27, 2001) - This document contains the final version of EPA's Compliance Monitoring Strategy (CMS), as well as a cover letter from Mike Stahl, Director of EPA's Office of Compliance . Specifically, the policy, which revises the 1991 CMS to more accurately reflect the new Clean Air Act (CAA) programs, provides a national policy for developing CAA compliance monitoring programs, and delineates the roles and responsibilities of EPA and State/local agencies.

  • EPA's April 13, 2000 "Slotted Guidepole" Agreement: List of Participating Facilities (April 2, 2001) - This document is comprised of a list of companies, sorted by state, that are participating in EPA's April 13, 2000 "Slotted Guidepole" voluntary compliance program. The program proposed the elimination of penalties for companies in violation of the "no visible gap" standards under the Clean Air Act in exchange for commitments to install controls on "slotted guidepoles" at their tanks by June 13, 2002, with additional time for tanks that had been taken out of service.

  • STAPPA/ALAPCO Comments on EPA's Compliance Monitoring Strategy (March 23, 2001) - This documents contains the associations' final comments on EPA's March 9, 2001 revised draft Compliance Monitoring Strategy.

  • EPA's Compliance Assurance Monitoring Amendments (March 1, 2001) -- This document contains two Federal Register notices in response to the United States Circuit Court of Appeals October 29, 1999 decision to remand part of the 1997 Compliance Assurance Monitoring (CAM) rulemaking. The first notice (66 FR 12917) is a proposed amendment to the State Operating Permits that revises certain sections of the compliance certification requirements. Specifically, EPA has added language to Sections 70.6(c) and 71.6(c) requiring that the responsible official for the affected facility certify intermittent or continuous compliance in the annual compliance certification. The amendment also withdraws EPA's guidance entitled "Compliance Assurance Monitoring Rule Implementation Questions and Responses." According to the notice, EPA does not believe this proposed amendment is controversial and, therefore, has also published it as a direct final rule (66 FR 12872). Unless EPA receives adverse comments on the amendment by not later than April 2, 2001, the final rule will become effective April 30, 2001.

  • Information Collection Activity Federal Register Notice (February 14, 2001) -- This document is comprised of a Federal Register notice (66 FR 8588) requesting comment on the burden associated with reporting compliance information to the AIRS Facility System (AFS). The notice covers the existing AFS reporting requirements; reporting changes due to the recently installed HPV simplification software; and reporting changes due to the upcoming Compliance Monitoring Strategy (CMS).

  • EPA's Title V Permits Issuance Rate Statistics (February 14, 2001) -- This document, which is comprised of a table, contains the EPA's Title V permit issuance rate statistics for state and local permitting authorities as of January 1, 2001.

  • EPA's Summary of Title V Fees (February 14, 2001) -- This document, which is comprised of a table, contains a summary of Title V fees and fees collected by state and local permitting authorities as of December 2000.
     
  • EPA Settlement in Principle with Virginia Electric Power Company (November 16, 2000) -- This document contains information, in the form of a November 16, 2000 Department of Justice press release, concerning a major agreement in principle with Virginia Electric Power Company (VEPCO) that requires the company to cut NOX and SOX emissions from eight coal-burning plants by 70 percent, or 252,000 tons, per year, perform $1.3 million in environmental projects and pay a $5.3 million civil fine. As part of this landmark legal settlement, VEPCO has also agreed to cut particulate emissions and has committed to spend $1.2 billion over the next 12 years to clean up its plants - a record for actions under the Clean Air Act.

  • EPA FY 2002-2003 National Enforcement Priorities Meeting (November 14, 2000) -- This document contains a summary of EPA�s National Enforcement and Compliance Assurance Priorities Meeting in Washington, DC. The purpose of the meeting, which was attended by senior level EPA staff from both headquarters and the regions, as well as representatives states and localities, was to identify the federal national priorities for the FY 2002-2003 enforcement and compliance programs.

  • EPA's Title V Annual Certification Advisory Group Report (November 14, 2000) -- This document, which is comprised of a November 14, 2000 memorandum, table of contents, summary of findings and 13 technical appendices, contains EPA's Title V Annual Certification Advisory Group's final Title V annual certification report. The report displays potential national reporting options for CAA Title V annual certifications. To view the memorandum, click here. To view the table of contents, click here. To view summary of findings, click here. To view copies of Appendices A, B, C, D, E, F, G, H, I, J, K, L, M, click on the respective letter.

  • STAPPA and ALAPCO's Supplemental Comments on EPA's Compliance Monitoring Strategy (October 23, 2000) -- This document contains the associations' supplement comments on EPA's October 16, 2000 draft CMS policy. Specifically, the comments address the stack testing issue that was discussed at the Fall 2000 Membership Meeting in Washington, DC.

  • EPA's October 16, 2000 Revised Compliance Monitoring Strategy (October 17, 2000) -- This document contains the final revised version of EPA's draft Compliance Monitoring Strategy. The draft now incorporates most of the associations' recommendations, which were expressed in previous comments letters, as well as during an August 10 -11, 2000 negotiation meeting in Washington, DC.

  • EPA's Revised Compliance Monitoring Strategy (September 22, 2000) -- This document contains the revised version of EPA's March 29, 2000 Compliance Monitoring Strategy.

  • STAPPA/ALAPCO's Supplemental Comments on EPA's draft Compliance Monitoring Strategy (CMS) Policy (September 7, 2000) -- This document contains the associations' supplemental comments on EPA's March 29, 2000 draft CMS policy. The supplemental comments represent the concerns representatives of the committee shared with EPA at an August 10-11, 2000 negotiation meeting in Washington, DC.

  • STAPPA/ALAPCO's Comments on EPA's Draft Compliance Monitoring Strategy (May 26, 2000) -- This document contains the associations' May 26, 2000 final comments on EPA March 29, 2000 draft CMS policy. The letter also memorializes EPA's agreement to continue to work with STAPPA and ALAPCO to resolve outstanding issues.

  • STAPPA and ALAPCO's Preliminary Comments on EPA's March 29, 2000 Draft Compliance Monitoring Strategy (May 2, 2000) -- This document contains the associations preliminary comments on EPA's draft CMS strategy.

  • EPA's Proposed Clean Air Act Compliance Monitoring Strategy (March 29, 2000) -- This document contains a draft revised version of EPA's CMS Policy (last revised in 1991) reflecting substantial changes in the air program, as well as the CMS Workgroup's recommendations.

  • Suggested WEPCO Questions for Permitters (January 28, 2000) -- This document contains a list of questions, prepared by the committee, which are designed to help permitters determine what constitutes routine maintenance versus major modifications in the context of NSR/PSD permits.

  • Draft Rules of Engagement Language (January 19, 2000) -- This document contains STAPPA and ALAPCO's draft version of Principles of State/Local/U.S. EPA Compliance Assurance and Enforcement Relationship language. These principles are intended to serve as a guide for interaction between local and state agencies and EPA.

  • Notice of Proposed Storage Tank Emission Reduction Partnership Program and Request for Comments (January 14, 2000) -- This document contains the Federal Register Notice (65 FR 6518-3) which publishes EPA's intent to establish a program for reducing emissions at facilities with slotted guidepoles. Comments on this document, which are due to EPA by February 28, 2000, are being coordinated by STAPPA and ALAPCO's Enforcement and Compliance Committee. Please forward comments to Geri O'Sullivan at gosulliv@sso.org by not later than February 21, 2000.

  • Notice Reaffirming Regulatory Interpretation with Regard to Slotted Guidepoles (January 14, 2000) -- This document contains EPA's express notice (65 FR 6518-2) that slotted guidepoles at certain petroleum storage vessels may not comply with regulatory requirements. Unless they are controlled, the slots, hollow core and the space between the guidepole and the tank's roof are observable emission pathways that violate the "not visible gap" prohibition in NSPS subpart Ka/Kb storage vessels.

  • Interim Guidance on the CERCLA Section 101(10)(H) Federally Permitted Release Definition for Certain Air Emissions (December 21, 1999) -- This document contains the Federal Register Notice (64 FedReg 71614) which publishes EPA's interim guidance on the federally permitted release exemption to section 103 of the Comprehensive Environmental Response Compensation and Liability Act of 1980. The guidance responds to specific questions raised by industry groups. It discusses EPA's interpretation of the federally permitted release expemption as it applies to some air emissions. EPA is also soliciting comments on this guidance. STAPPA and ALAPCO's comments will be coordinated by the Enforcement and Compliance Committee. Comments are due to EPA by February 22, 2000.

  • EPA Memorandum on Reduced Penalties for Disclosures for Certain Clean Air Act Violations (September 30, 1999) -- This document contains a memorandum, prepared by Eric Schaeffer, clarifying EPA's policy that certain Clean Air Act violations discovered, disclosed and corrected by a company prior to issuance of a Title V permit are potentially eligible for penalty mitigation.

  • EPA Memorandum on the Results of CAA Title V Annual Compliance Certification Study and Formation of CAA Title V Self-Certification Advisory Group (October 6, 1999) -- This document contains a memorandum, prepared by Frederick Stiehl and Bruce Buckheit, outlining the findings of OECA's analysis of a National Performance Measures Strategy study of Clean Air Act Title V annual compliance self-certifications. In an effort to address some of the issues raised by the findings, OECA is in the process of establishing a Title V Annual Self-Certification Advisory Group. The Advisory Group charge, as well as contact information, is also contained in the memo.

  • OECA's Proposed Performance Measures: FY 2000/2001 Reporting for Enforcement and Compliance Assurance Priorities (RECAP) (September 27, 1999) -- This document contains a cover memorandum and attachments 1, 2,3, 4, 5, 6, 7, and 8 summarizing OECA's FY2000/2001 performance measures, including the National Performance Measures Strategy measures, the Annual Performance Plan Measures (APPM), and MOA Priority and Sector measures as well as any other OECA Management Measures that are used for mid-year and end-of-year analyses as well as Regional and State trend analyses. Comments on this document must be submitted to EPA by October 31, 1999.

  • Inspector General's Region I Survey of Stack Test Oversight of (QA) Programs (September 24, 1999) -- This document contains a recent audit survey which was sent to EPA's Regional Offices concerning the oversight of compliance stack emission tests of major and synthetic minor facilities by each state.

  • Summary of EPA's General Enforcement Management System (GEMS) Workshop (August 31, 1999) -- This document contains a memorandum prepared by Mary Ruel, STAPPA member of the Enforcement Committee, summarizing EPA's August 2, 1999 GEMS workshop.

  • EPA's Draft Inspector Credentials Authorization Procedures (ICAPs) and attachments 1, 2, 3 and 4(August 11, 1999) -- This document contains EPA's draft Inspector Credentials Authorization Procedures (ICAPs). The draft, along with the attachments, outlines the process EPA would use in order to authorize inspectors employed by tribes, states, territories and inter-tribal consortia to conduct compliance inspections with a federal credential on behalf of EPA. The draft document provides EPA's procedures for issuing federal credentials and outlines the roles and responsibilities of those who conduct inspections on behalf of EPA. Key components of the ICAPs include identifying implementation points of contact; establishing inspector training requirements; and developing processes for nominating, authorizing and de-authorizing inspectors and issuing federal credentials.

  • "A Reveiw of the Compliance Monitoring Strategy"(July 26, 1999) -- This document contains EPA's Compliance Monitoring Strategy Report. The report provides the results of interviews conducted between October 1998 and May 1999 with all of the EPA Regional Offices and twenty-two States concerning the Compliance Monitoring Strategy (CMS), as well as State air inspection targeting and Regional oversight. The report also includes a brief description of the OECA Planning Proces, the CMS and the Inspector General's findings relating to the CMS.

  • EPA's Compliance Monitoring Issue Papers (1, 2, 3, 4, 5 and 6) and Agenda for CMS Workgroup -- These documents conatain EPA's compliance monitoring issue papers relating to the following topics: Level 2 Inspections; State/Regional CMS Negotiation; Targeting Criteria; Compliance Monitoring Plans; Compliance Monitoring Goals'/Performance Measures; and Training/Inspection Quality. In addition these documents contain an agenda for the CMS Workgroup meeting EPA is holding on August 11-12, 1999 in Washington, DC. Members interested in participation in the workgroup in the future should contact Geri O'Sullivan of STAPPA/ALAPCO at gosulliv@sso.org.

  • Draft Letter to Bruce Buckheit regarding the Implications of the WEPCO Court Decision on NSR/PSD Requirements (July 1999) -- This document contains a draft letter requesting a meeting with Bruce Buckheit to discuss the policy implications of the 1990 WEPCO decision and, specifically, to clarify what constitutes a "major modification" in the context of NSR/PSD requirements. STAPPA/ALAPCO is seeking comments on this letter.

  • STAPPA/ALAPCO Comments on EPA's Draft Periodic Monitoring Technical Reference Document (June 30, 1999) -- This document contains the associations' comments on EPA's draft technical reference document related to the agency's final Periodic Monitoring Guidance.

  • Revisions to EPA's Environmental Audit Policy (May 17, 1999) -- This document contains an evaluation of EPA's Audit Policy along with a number of proposed revisions. EPA is in the process of accepting comments on the revisions. The deadline for submitting comments is July 16, 1999. STAPPA and ALAPCO will not be commenting on this draft. If members submit individual comments to EPA, please forward a copy to Geri O'Sullivan of STAPPA/ALAPCO at gosulliv@sso.org.

  • EPA Information Sheet on EPA HPV Workshops (June 11, 1999) -- This document contains information regarding EPA's scheduling of two national HPV workshops in June. For more information, contact Linda Lay of EPA at (202) 564-8577 or lay.linda@epa.gov.

  • EPA's Office of Enforcement and Compliance Assurance (OECA) Response to Major Comments Received Regarding the Draft FY 2000/2001 MOA Guidance (May 7, 1999) -- This document provides EPA's responses to the most significant and/or recurring comments received.

  • EPA Final FY 2000/2001 Enforcement and Compliance MOA (April 14, 1999) -- This document contains EPA's final enforcement and compliance guidance on priorities for FY 2000/2001. The document comprises the following files, which are available by clicking on them. File 1, File 2, File 3, File 4, File 5, File 6, File 7, File 8, File 9 and File 10

  • EPA Letter to CAPCOA Expressing Agency Position on Federal Enforceability of Terms and Conditions in State and Local Preconstruction Permits (March 31, 1999) -- This document contains EPA's position on which terms and conditions in state and local agencies preconstruction permits are federally enforceable.

  • STAPPA/ALAPCO Comments on EPA's FY 2000/2001 MOA Enforcement and Compliance Guidance (March 25, 1999) -- This document contains the associations' final comments on EPA's priorities for FY 2000/2001.

  • EPA Guidance Memorandum on Transition Period for Implementing HPV Policy (March 16, 1999) -- This document contains EPA's expectations for the transition period for implementing the new High Priority Violation policy.

  • EPA Draft FY 2000/2001 OECA Memorandum of Agreement (MOA) Guidance (February 12, 1999) -- This document contains EPA's draft MOA enforcement guidance for FY 2000-2001. EPA has requested comments on the draft by March 12, 1999. If you would like to help develop STAPPA/ALAPCO's comments, please forward them to Dave Wallenberg of STAPPA/ALAPCO via e-mail (davew@sso.org) or fax (202) 624-7863 as soon as possible, but no later than March 4, 1999.

  • EPA High Priority Violation Policy (December 22, 1998) -- This document contains EPA's final Timely and Appropriate Enforcement Response to High Priority Violations Policy, which replaces the significant violator Timely and Appropriate Policy.

  • STAPPA/ALAPCO Comments on Proposed Consent Decrees for HDD Settlement (1/12/99) -- STAPPA/ALAPCO's final comments to the Department of Justice on the proposed settlement set forth in proposed Consent Decrees with seven engine manufacturers.

  • EPA Y2K Enforcement Policy (November 13, 1998) -- This document contains EPA's enforcement policy on the Year 2000(Y2K) problem, which encourages prompt testing of computer-related equipment to ensure that compliance is not impaired by Y2K computer glitches. The policy provides an incentive to regulated sources to conduct Y2K testing by waiving civil penalties and other penalties caused by this testing.

  • EPA Discussion Document on Options for Using Data Tools for New High Priority Violation (HPV) Policy (December 11, 1998) -- This document contains two options EPA seeks input on regarding ways to report data under the new HPV policy.

  • STAPPA/ALAPCO Comments on EPA's Draft FY 2000-20001 MOA Guidance Priorities (December 7, 1998) -- This document contains the associations' comments on EPA's draft list of national enforcement and compliance priorities for development of the agency's FY 2000-2001 MOA guidance.

  • On November 18, 1998, STAPPA/ALAPCO held a conference call with EPA to learn more about the recent enforcement settlement with seven heavy-duty diesel manufacturers, which has resulted in hundreds of millions of dollars in fines. Among the fines levied are $109 million for environmental projects. State and local air agencies are eligible to apply for these funds. As promised on the conference call, EPA has provided the following information regarding the application process. Please note that the deadline for applying for these funds is January 12, 1999 (extended from December 1, 1998).

  • EPA Proposed Candidate List of Enforcement and Compliance Priorities for FY 2000-2001 Memorandum of Agreement (November 17, 1998) -- This document contains a cover letter, introduction, and four attachments (1, 2, 3, 4) describing draft proposed enforcement and compliance priorities under consideration for the FY 2000-2001 MOA guidance. The Committee is coordinating comments on this draft list. Comments are due to OECA by December 7, 1998.

  • EPA Final (Pre-Publication) High Priority Violations (HPV) Policy (September 1998) -- This document contains the revised policy on Significant Violators, which is contained in general criteria and a matrix. Revisions to the "Timely and Appropriate" portion of the existing SVT&A policy are currently underway. A separate document containing examples and a discussion about the matrix is also included.

  • STAPPA/ALAPCO Letter to EPA Recommending Additional Opportunities for State and Local Input in EPA's Process of Developing Biannual Enforcement and Compliance Priorities (September 24, 1998) -- This document contains the recommendations of the joint STAPPA/ALAPCO/EPA workgroup on EPA's priority-setting process; the letter is comprised of a cover letter and a process timeline.

  • EPA-OECA Year 2000 Readiness and Compliance Action Plan (August 28, 1998) -- This document contains EPA's policy on facilities' and regulators' responsibilities to ensure compliance in the face of potential Y2K problems.

  • EPA Memo to the Regions Describing Pilot Program to Determine Compliance Rate for Self-Reporting Sources (August 25, 1998) -- This document contains EPA's description of the pilot and request for regional cooperation.

  • EPA 1992 Significant Violator (SVT&A) Policy -- This document is being posted to facilitate members' review of the "timely and appropriate" provisions of the current policy and collection of comments and recommendations on those provisions. Please contact Dave Wallenberg of STAPPA/ALAPCO at d4clnair@sso.org for more information.

  • STAPPA/ALAPCO Letter to EPA Recommending Use of National EPA Enforcement Settlement Penalties for Providing State and Local Training and Technical Assistance (June 9, 1998) -- This document contains a recommendation for EPA to consider using some national enforcement case settlement penalties to support EPA training and technical support for state and local enforcement staff.

  • Final STAPPA/ALAPCO Letter to EPA on Draft Final Periodic Monitoring Guidance (June 3, 1998) -- This document contains the associations' comments on EPA's draft final Periodic Monitoring guidance, which is intended to ensure that Title V sources have adequate monitoring requirements.

  • EPA Final Draft Periodic Monitoring Guidance (May 13, 1998) -- this document contains EPA's final draft policy guidance for determining periodic monitoring requirements for applicable sources of air pollution.

  • STAPPA, ALAPCO and NESCAUM Joint Amicus Brief on Credible Evidence (January 30, 1998) -- This brief, which was submitted to the U.S. Court of Appeals for the District of Columbia circuit, supports EPA's promulgation of the credible evidence rule. The final rule clarifies that any credible evidence may be used in enforcement actions and compliance certifications.

  • STAPPA and ALAPCO Final Comments on EPA's Draft CAM Technical Guidance Document (February 5, 1998) -- This document contains the associations' written comments on EPA's draft CAM Technical Guidance document, which provides information related to implementation of the CAM rule.

  • EPA Frequently Asked Questions and Responses Concerning Implementation of the CAM Rule Through the Title V Operating Permits Program (January 8, 1998) -- This document contains frequently asked questions about the CAM Rule, which is implemented through Title V. This list of questions and responses will be updated periodocally.

  • STAPPA/ALAPCO Draft Criteria for Identifying Significant Violations (November 5, 1997) -- Proposal contains draft criteria developed by EPA/STAPPA/ALAPCO SVT&A workgroup with proposed revisions by STAPPA/ALAPCO representatives for defining "Significant Violations" under the current policy.

  • Colorado Compliance Study -- Executive Summary (June 20, 1997) -- this report includes the results of a study conducted by the Colorado Air Pollution Control Division to compare Colorado�s compliance and enforcement program with other state and local air compliance programs, as well as to survey existing programs and current literature to find and evaluate innovative compliance strategies. Members interested in obtaining copies of the study are invited to contact Ken Hagg of Woodward-Clyde consultants (contractor for the study) directly at (314) 429-0100.

  • STAPPA and ALAPCO Letter to Bruce Buckheit of EPA's Office of Enforcement and Compliance Assurance Recommending Joint Initiatives (June 11, 1997) -- the letter contains 5 enforcement and compliance assistance initiatives for joint development and implementation with EPA.




State and Territorial Air Pollution Program Administrators /
Association of Local Air Pollution Control Officials
444 North Capitol Street, N.W.
Suite 307
Washington, D.C. 20001

(202) 624-7864     (202) 624-7863 FAX     4clnair@4cleanair.org