Clean Air Act Compliance and Enforcement 2018: ODS, CAA §114 Requests, NSR, SSM

Description

The prior Administration issued numerous CAA regulations impacting day-to-day compliance obligations and undertook enforcement initiatives that are now being revisited by the new Administration. For example:

•    Whereas the prior Administration continued the long-running NSR enforcement initiative involving numerous industries, issuing lots of Section 114 information requests, the new Administration is focused on NSR reform and recently issued new guidance to provide greater clarity for NSR compliance.

•    The prior Administration issued a final rule 2015 recalling previously EPA-approved regulations in over half the states governing excess emissions at industrial facilities of all types during startup, shutdown and malfunction events on the basis that they are inconsistent with the CAA. The new Administration may reconsider that action.

•    The prior Administration also undertook a significant expansion of Ozone Depleting Substance (ODS) requirements and expanded enforcement of the ODS requirements.

On the enforcement front, EPA has historically made broad use of its information collection authority under Section 114 of the Act to gather information to support enforcement actions.  With the change in administrations, EPA is still issuing these requests and counsel for regulated industries can benefit from the practical experience of those who know the law and the process well. 

Listen as our experienced panel discusses what to expect in 2018 on all of these issues and how best to respond.