Clean Air Act Enforcement

Scope

Title VII upgraded criminal violations from misdemeanors to felonies and added new criminal sanctions for knowing endangerment and negligent endangerment in connection with air toxics.

Regulatory citations

• 40 CFR 50 — National Primary and Secondary Ambient Air Quality Standards
• 40 CFR 53 — Ambient Air Monitoring Reference and Equivalent Methods
• 40 CFR 58 — Ambient Air Quality Surveillance
• 40 CFR 59 — National Volatile Organic Compound Emission Standards for Consumer and Commercial Products

Key definitions

• Civil administrative actions: Non-judicial enforcement actions taken by EPA or a state under its own authority.
• Civil enforcement: Monetary assessments paid by a person or regulated entity due to a violation or noncompliance.
• Civil judicial actions: Formal lawsuits filed against persons or entities that have failed to comply with statutory or regulatory requirements, comply with an administrative order, or pay EPA the costs for cleanup.
• Injunctive relief: A designated action the violator is required to perform to being it into compliance with environmental laws.
• Settlements: Generally agreed-upon resolutions to an enforcement case.
• Supplemental Environmental Project (SEP): Improvement projects that a violator voluntarily agrees to perform.

Summary of requirements

• EPA may issue administrative penalty orders up to $200,000 and field citations for minor violations up to $5,000.
• EPA may issue administrative subpoenas.
• Sources (stationary and mobile) may challenge assessments in administrative hearings and in District Court.