While approximately 90 percent of the nation's 23,000 major stationary sources of air pollution are in compliance with applicable emission limitations,¹ the remaining 10 percent pose major air pollution problems. Many of these violators are power plants, steel mills, copper, lead, and zinc smelters, and other large sources which spew great quantities of pollutants,² and their emissions frequently account for a very large proportion of the total emissions in a region.³ For example, although only 17 of New York's 1,120 major sources are not in final compliance with sulfur dioxide emission limitations or on a cleanup schedule, these 17 produce 30 percent of the state's total sulfur dioxide emissions.⁴ In New Jersey, only 13 of the state's 710 major sources are not in compliance with sulfur dioxide emission limitations or on a cleanup schedule, yet these 13 account for 64 percent of the state's total sulfur dioxide emissions.⁵ Moreover, because of their geographical distribution, these emissions often cause particularly severe environmental problems. Most of the sources are located in areas where the level of air pollution currently exceeds that permissible under ambient air quality standards.⁶ Several of them are located adjacent to heavily populated areas, and singlehandedly cause national ambient standards to be violated.⁷ Thus, although these offenders represent a relatively small percentage of all major sources, their emissions have an enormous impact on the nation.

In 1977, Congress sought to strengthen the Clean Air Act to deal more effectively with these sources. Under the statutory provisions originally enacted in 1970, the Environmental Protection Agency (EPA) had three different modes of enforcement. The Agency could issue an administrative order seeking compliance.⁸ It could bring a civil action for injunctive relief.⁹ And, it could bring a criminal action for fines and imprisonment.¹⁰ In the 1977 amendments to the Clean Air Act, Congress expanded the reach of this traditional enforcement authority. It authorized the Agency to seek money penalties in civil actions, in addition to injunctive relief.¹¹ And, it authorized the Agency to seek criminal sanctions against corporate officials, in addition to the corporations themselves.¹²