Title V, compliance assurance monitoring (CAM), and the use of any credible evidence (ACE): The effects on compliance and enforcement in the future

Conference · Wed Dec 31 04:00:00 EST 1997

OSTI ID:353590

Lowery, K P ^[1]; Poffenberger, C G ^[2]

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1. Trinity Consultants Inc., Overland Park, KS (United States)
2. Hogan and Hartson L.L.P., Washington, DC (United States)

Under Title V, facilities are required to determine the compliance status of each air emission source with all applicable requirements. In addition, facilities are required to determine the methods that will be used to demonstrate on-going compliance with these requirements. Under Title V, it is no longer the responsibility of the regulator to determine whether a facility is in compliance; it is the facility`s responsibility to continuously prove they are in compliance. The CAM rule, as drafted, will implement the Enhanced Monitoring (EM) and periodic monitoring requirements of the 1990 Clean Air Act Amendments (CAAA). CAM will require facilities subject to Title V to develop CAM plans for specific emission units at the facility. CAM plans will include the methods that will be used to provide reasonable assurance of continuous compliance with applicable requirements. In addition, the EPA is also proposing to finalize portions of the 1993 EM rule that would allow the use of ACE to determine compliance with emission limits. Reference test methods are the only means currently available to determine compliance with emission limits. The EPA has indicated that, under the ACE rule, even data obtained via CAM will be considered credible evidence in determining the compliance status of a facility. CAM and Title V will require sources to submit large amounts of data to the regulatory agency. The data, upon submittal, are public record and can be used to indicate non-compliance under the ACE rule. Therefore, the burden shift associated with CAM and Title V, in conjunction with the use of ACE, will significantly increase the potential liability of industry. This paper discusses the implications Title V, CAM, and the ACE rule will have on industry as well as the possible effects the regulations will have on enforcement in the future. The paper will provide the perspectives of both plant managers and legal counsel.

• OSTI ID: 353590
• Report Number(s): CONF-970677--
• Country of Publication: United States
• Language: English

Related Subjects

29 ENERGY PLANNING, POLICY, AND ECONOMY
54 ENVIRONMENTAL SCIENCES
AIR POLLUTION
AIR POLLUTION MONITORING
CLEAN AIR ACTS
COMPLIANCE
EMISSION
ENFORCEMENT
LEGAL ASPECTS
LIABILITIES