The Clean Air Act`s enforcement ace: An overview of EPA`s credible evidence rule

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

OSTI ID:617914

Paul, P J ^[1]

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1. Snell & Wilmer, Phoeniz, AZ (United States)

The 1990 Clean Air Act ({open_quotes}CAA{close_quotes}) amendments included numerous provisions directing EPA to require owners or operators to conduct enhanced monitoring and to make compliance certifications. These provisions contained in both those Title V (Operating Permits) and Title VII (Enforcement) of those amendments. Section 503(b)(2) of the amended CAA requires at least annual certifications of compliance with permit requirements and prompt reporting of any deviations from such requirements. Section 114(a)(3) of the CAA requires EPA to promulgate rules on enhanced monitoring and compliance certifications. On October 23, 1993, EPA proposed its {open_quotes}enhanced monitoring{close_quotes} rule. The enhanced monitoring proposal also included the Conceptual approach of using {open_quotes}presumptively credible evidence{close_quotes} in enforcement actions. Further, this proposal also would have allowed the use of {open_quotes}credible evidence,{close_quotes} other than reference or compliance test data to establish noncompliance in an enforcement action. In approximately three weeks, EPA is scheduled to republish as a final rule, the credible evidence provisions of the original enhanced monitoring rule with apparently minor revisions. This paper briefly summarizes the history, status, and likely impact EPA`s {open_quotes}any credible evidence{close_quotes} ({open_quotes}ACE{close_quotes}) rule.

• OSTI ID: 617914
• Report Number(s): CONF-970145--
• Country of Publication: United States
• Language: English

Related Subjects

20 FOSSIL-FUELED POWER PLANTS
29 ENERGY PLANNING, POLICY, AND ECONOMY
ACID RAIN
AIR POLLUTION MONITORING
AIR QUALITY
AMENDMENTS
CLEAN AIR ACTS
COAL
COMPLIANCE
ELECTRIC UTILITIES
ENFORCEMENT
FOSSIL-FUEL POWER PLANTS
POLLUTION REGULATIONS
US EPA