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

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.
Authors:
 [1]
  1. Snell & Wilmer, Phoeniz, AZ (United States)
Publication Date:
OSTI Identifier:
617914
Report Number(s):
CONF-970145--
TRN: 98:002057-0083
Resource Type:
Conference
Resource Relation:
Conference: 2. joint conference on acid rain and electric utilities, Scottsdale, AZ (United States), 20-22 Jan 1997; Other Information: PBD: 1997; Related Information: Is Part Of Acid rain & electric utilities II; PB: 1047 p.
Publisher:
Air & Waste Management Association, Pittsburgh, PA (United States)
Country of Publication:
United States
Language:
English
Subject:
20 FOSSIL-FUELED POWER PLANTS; 29 ENERGY PLANNING AND POLICY; FOSSIL-FUEL POWER PLANTS; ELECTRIC UTILITIES; COAL; AIR POLLUTION MONITORING; ACID RAIN; AIR QUALITY; POLLUTION REGULATIONS; US EPA; COMPLIANCE; ENFORCEMENT; CLEAN AIR ACTS; AMENDMENTS