Enforcement under the 1990 CAAA: Hot air or hot water?
- Earth Tech, Concord, MA (United States)
The 1990 Clean Air Act Amendments (CAAA) have caused varying degrees of anxiety in facility and environmental managers. How worried should they be? One area of special concern is Title VII, Provisions Relating to Enforcement, which has led to field citations, new civil penalties, provisions for citizen suits and, of most concern, the new criminal provision. The CAAA include strong new enforcement authority, which allows the US Environmental Protection Agency (EPA) to take swift and strong action against violators. The Agency can issue tickets up to $5,000 per violation, penalties up to $25,000 per day for administrative penalties and $250,000 and up to five years in prison for criminal violations. Sources that maintain compliance with air pollution regulations and maintain accurate records and documentation have nothing to fear from these new regulations. However, sources that violate federal requirements, falsify records or knowingly create risks to the environment or human health can look forward to aggressive enforcement by EPA. This article briefly discusses the new provisions, whom they affect, how one may be able to minimize the potential liabilities and what to do if the EPA begins an enforcement action.
- OSTI ID:
- 624077
- Journal Information:
- Pollution Engineering, Journal Name: Pollution Engineering Journal Issue: 6 Vol. 30; ISSN PLENBW; ISSN 0032-3640
- Country of Publication:
- United States
- Language:
- English
Similar Records
The enforcement provisions of the Clean Air Act - not the same old Section 113
Voluntary Environmental auditing in light of EPA`s criminal enforcement initiatives