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Better Air Quality (BAQ) 2008
November 2008

United States Clean Air Act: Compliance and Enforcement Provisions
Mamie Miller, Chief, Air Compliance Branch, Office of Enforcement and Compliance Assurance, US EPA

Abstract:

Many countries in Asia have adopted statutes to address air pollution problems within their country. Although significant progress has been made in reducing air pollution in these countries, further progress is needed. An integral and necessary tool in ensuring that the emission reductions anticipated by the statute are fully achieved is an efficient and effective compliance and enforcement program. Hence, any environmental statute to address air pollution must include adequate compliance and enforcement provisions that allow the government to enforce and assure compliance with the statute; address violations in a timely and expeditious manner; and provide fairness, consistency, predictability, and transparency in the enforcement process.

The United States Clean Air Act (CAA) provides one example of how to structure an effective compliance and enforcement program. It establishes a multi-layered implementation structure with implementing regulations and permits; provides multiple tools for obtaining compliance information and proving violations; authorizes a variety of enforcement approaches and sanctions to address violations; establishes an institutional framework to implement and enforce the statute; and provides opportunities for citizen involvement.

The sub-workgroup presentation will discuss the CAA in detail, and the provisions necessary for designing an enforceable Clean Air Act in any country.

Presentation: http://www.cleanairnet.org/baq2006/1757/docs/SW24_1.ppt

CAA compliance and enforcement, criminal enforcement authority, civil judicial enforcement authority, administrative enforcement authority, CAA penalties, CAA citizen suits
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