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More on EPA Enforcement Guidelines

June 1983

Citation: 13 ELR 10186

Issue: 6

On January 12, 1983, the EPA General Counsel and Assistant Administrator for Air, Noise, and Radiation issued a memorandum elaborating on the enforcement policy for stationary air sources in primary non-attainment areas issued on September 20, 1982, 12 ELR 30038. The memorandum is reprinted in the Administrative Materials section of this month's ELR, 13 ELR 30009. The earlier policy set forth plans for enforcement under Clean Air Act §113(b) against sources not in compliance by December 31, 1982, the statutory deadline for attaining the primary ambientair quality standards. The current memorandum clarifies the enforcement policies for (1) allowing sources planning to comply through shutdown to temporarily exceed the standards; (2) requiring sources in states without Part D plans to adopt reasonably available control technology; (3) seeking significant cash penalties from violators; (4) pursuing federal in lieu of state enforcement; and (5) issuing notices of violation. The memorandum also clarifies which sources are subject to the enforcement policy.

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