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(i) Availab v for public inspection in at
Irast one location in thr region affected of
thr information submutrd by thr owner
or operator and of the State or local
agency s analysis of the effect on air
quality
(ii) A 30-day period for submittal of public
comment, and
(in) A notice by prominent advertisement in
the region affected of the location of the
source information and analysis specified
in paragraph (hX2X>) of this section.
(3) Where the 30-day comment period
required in paragraph (h) of this section
would conflict with existing requirements
for acting on requests for permission to
construct or modify, the Stale may submit
for approval a comment period which is
consistent with such existing requirements
(4) A copy of the notice required by
paragraph (hX2) of this section shall also
be sent to the administrator through the
appropriate regional of rice, and to all
other State and local air pollution control
agencies having jurisdiction in the region
in which such new or modified installation
will be located. The notice also shall be
sent to any other agency in the region
having responsibility for implementing the
procedures required under this section
8
(<\ Suggestions for developing procedures to
meet the requirements of this section are
set forth in appendix O
$51.19 Source furveillance.
Each plan shall provide for monitoring the
status of compliance with any rules and regula
dons which set forth any portion of the control
strategy Specifically, each plan shall, as a
minimum, provide for
(a) Legally enforceable procedures for requir-
ing owners or operators of stationary sources to
maintain records of. and periodically report to
the State information on. the nature and
amount of emissions from such stationary
sources and/or such other information as may
be necessary to enable the State to determine
whether such sources are in compliance with
applicable portions of the control strategy.
(b) Periodic testing and inspection of sta-
tionary sources.
(c) Establishment of a system for detecting
violations of any rules and regulations through
the enforcement of appropriate visible emission
limitations and for investigating complaints.
(d) Procedures for obtaining and maintaining
data on actual emissions reductions achieved as
a result of implementing transportation control
measures. In the case of measures involving
inspection, maintenance, or retrofit, these data
shall include the results of an emission
surveillance program designed to determine
actual average per vehicle emissions reductions
attributable to inspection, maintenance, and or
retrofit In the case of measures based on traffic
flow changes or reductions in vehicle use. the
data shall include observed changes in vehicle
miles traveled (VMT) and average speeds. The
data shall be maintained m such a way as to
facilitate comparison of the planned and actual
efficacy of the transportation control measures.
(e) Legally enforceable procedures to require
stationan sources subject to emission standards
as part of an applicable plan to install.
calibrate maintain and operate equipment for
continuously monitoring and recording emis-
sions, and to provide other information as
specified in Apprndix P of this part
(1) Such procedures shall identify the types of
sources by source category and capacity, that
must install such instruments, and shall identify
for each source category the pollutants which
must be monitored
(2) Such procedures shall, as a minimum.
require ihe types of sources set forth in Appen
dix P of this part (as such appendix may be
amended from time to lime) to meet the
applicable requirements set forth therein
(3) Such procedures shall contain provisions
which require the owner or operator of each
source subject to continuous emission monitoring
and recording requirements to maintain a file of
all pertinent information. Such information
shall include emission measurements, continuous
monitoring system performance testing
measurements, performance evaluations.
calibration checks, and adjustments and
maintenance performed on such monitoring
systems and other reports and records required
by Appendix P of this part for at least two years
following the date of such measurements or
maintenance.
(4) Such procedures shall require the source
owner or operator to submit information
relating to emissions and operation of the emis
sion monitors to the State to the exteni drs
-------
cribed in Appendix P as frequently or more fre-
quently as described therein.
(5) Such procedures shall provide that sources
subject to the requirements of §51.19(eX2) shall
have installed all necessary equipment and shall
have begun monitoring and recording within 18
months of (i) the approval of a State plan
requiring monitoring for that source or (ii) pro-
mulgation by the Agency of monitoring
requirements for that source. However, sources
that have made good faith efforts to purchase.
install, and begin the monitoring and recording
of emission data but who have been unable to
complete such installation within the time
period provided may be given reasonable exten-
sions of time as deemed appropriate by the
State.
(6) States shall submit revisions to the
applicable plan which implement the provisions
of this section by October 6. 1976
Please turn on tape recorder.
10
inmnmmHVUwmuuumwuu
States must be able to prevent the
construction or modification of a
source if
operation would violate
emissions standards
or emissions would prevent
attainment or maintenance of
National Ambient Air Quality
Standards
11
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States must also
be able to prevent
the source from
causing significant
deterioration of
air quality.
12
munnwmmmvmuuuuwnu
States must
have authority
to obtain infor-
mation needed
to determine if
a source may be
constructed or
modified
have a program
to enforce emis-
sion limitations
and regulate the
modification,
construction, and
operation of any
stationary source
13
review the
location of new
sources to which
standards of
performance
apply
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The state's approval of any construc-
tion or modification must not affect
the source owner or operator's
responsibility to comply with existing
emissions regulations.
14
States must have authority to
make source owners or operators
install, maintain,
and use continuous
emission monitoring
equipment on speci-
fied classes of sources
maintain records
of their emissions
report emissions
information to the
state
-------
States must also have the authority to
make this information
available to the public
16
periodically inspect
sources and conduct
source emission tests
States must have
a system for detecting
violations
17
a system for investigating
public complaints about
air pollution
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Lesson I
Questions
1. Which of the following legislation requires states to submit implementation
plans, requires permit systems for non-attainment areas, and requires fee
systems to get back costs?
a. Federal Regulations Act d. Camara & See Act
b. Clean Air Act e. Air Quality Act
c. Sierra Club Act f. None of the above
2. In which federal document can one find current requirements for preparation,
adoption, and submittal of implementation plans?
a. EPA Directory d. Air Quality Code
b. SIP Documentation e. Code of Federal
c. Federal Requirements Regulations
Directory f. None of the above
18
mmummmuvvuuuuuwuuu
3. In order to make sure that sources obey all applicable rules and regulations,
states must have the authority to:
a. make source operators
install, maintain, and use
continuous emission
monitoring equipment
on specified classes
of sources.
b. make source operators
maintain records of their
emissions.
c. make source operators
report emissions infor-
mation to the state.
d. make emission information
available to the public.
e. periodically inspect sources
and conduct source tests.
f. all of the above
19
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4. Describe how the state's approval of any construction or modification of a
source affects the source owner or operator's responsibility to comply with emis-
sion regulations.
Answers are on the next page.
20
mmnmmmvvvvvmuuuuuuw
Lesson I
Answers
1. b. Clean Air Act
2. e. Code of Federal Regulations
S. f. All of the above.
4. The state's approval of any construction or modification of a source does not
affect the source owner or operator's responsibility to comply with existing
regulations. The source owner or operator is always responsible for compliance.
When you have checked your responses, please turn on the tape recorder.
21
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Lesson II: Permit Systems and Registration
Systems
Objectives
1. Identify the two major things a state must have in order to effectively perform
enforcement functions.
2. Name the type of system that requires source owners or operators to apply for
a permit to construct.
3. Identify 3 types of information usually obtained through both permit and
registration systems.
4. Identify 3 ways that information usually obtained through permit and registra-
tion systems can help a control agency.
5. Identify the two options discussed that are available to an applicant if he is
refused a permit to construct.
22
6. Identify the condition under which a permit to operate would not be issued.
7. Describe the major difference between permit systems and registration systems.
8. Name the two services for which an enforcement system must provide.
9. Define the term "variance" as it applies to air pollution control enforcement
systems.
10. Identify five activities performed by control agencies for the evaluation of con-
trol regulations and programs.
23
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In order to be able to perform
enforcement functions, a state must
have both
the authority to perform them
procedures and resources to
carry them out
24
innmnmmumimmuuwuun
Enforcement Systems
Permit to construct?
Permit to operate?
Submission of data
about source?
Permit
System
Yes
Sometimes
All necessary
data usually
included in
application for
permit to
construct
25
Registration
System
No
Sometimes
Yes
-------
From information obtained through
both systems, the control agency knows
location of
sources
types of
sources
26
types and
quantities of
emissions
mmnmmmvvmttuwuuwwu
This information helps the agency
Suggestions
keep track of emissions
determine the success of its
control plans
make recommendations for
new regulations
-------
How a Permit System Works
application filedusually one for each major
unit of equipment
plans for the facility submitted with application
application reviewed by agency officials
construction permit issued if
facility will be able to comply with emission
control regulations
emissions will not interfere with NAAQS or PSD
28
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If a permit to construct is refused, the
applicant may
resubmit the application with all
necessary changes
appeal the decision to a hearing
board
29
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In many states, the owner or operator must
apply for a Permit to Operate.
This is issued if an inspection or an emission test
satisfies the control agency that
the construction has met the approved
specifications
the facility is operating in compliance with
existing regulations
30
mmmwmmvttuttwuuwuuu
Even if a facility is
built according to
approved specifications
. . . the permit to operate
is not issued if the
facility is not able to
comply with regulations
-------
There is disagreement about
denying an operating permit
to a facility that had obtained
a permit to construct.
Industry argues that agency
officials should be responsible
because their approval of
constuction plans implies
that the facility will be able
to operate in compliance with
all regulations.
32
Agency officials maintain
that approval of con-
struction plans represents
professional opinion only,
not a guarantee that the
facility will function in
compliance with
regulations.
-------
". . . approval of any construction or modifica-
tion shall not affect the responsibility of the
owner or operator to comply with applicable
portions of the control strategy," namely emis-
sion control regulations and air quality
standards.
34
nunmmmtfmttnmuummin
The permit to
operate is usually
valid for a stated
period
-------
Permits may be
displayed near
the equipment to
which they apply
kept in an office
where they can
be checked by
inspectors
Permit usually not
transferable; if a plant
changes ownership or
management or if the
plant moves, a new per-
mit must be obtained
36
umuuwmmmuuuuuuuwu
Three Reasons for Studying Registration Systems
Many enforcement systems now in use have
grown out of registration systems, and some
knowledge of registration systems will help
you understand them.
It is important to emphasize that regardless
of the type of system used, certain informa-
tion must be obtained.
Registration procedures may be used for
regulation of smaller sources that are not
large enough to be included in a permit
system.
37
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The major difference
between permit
systems and registra-
tion systems is that
registration systems
do not directly pre-
vent construction of
a source
38
nmmmmmmwttwuuwuuu
Registration systems
provide information about
where the source who owns it the process and
is located its emissions
39
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Regardless of whether the enforcement system
is a permit or registration system
it must provide for inspection and testing
40
Some agencies do not have the
authority to make sources obtain per-
mits before construction or operation.
If necessary they may take action
through
administrative orders
negotiated compliance schedules
court action
41
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Experience has shown that the
most efficient enforcement
systems are permit systems.
42
0
0
Sept Oct Nov Dec
cm nn cu
Often a problem can be
corrected by changing a process
or repairing a malfunctioning
device
But sometimes the solution is
more complicated, and some
method of establishing a
schedule of actions to solve the
problem is devised
43
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Variance
A temporary permit to
operate out of com-
pliance, usually issued
for the period of time
needed to make changes
to comply with emission
regulations. It can be
taken away if the source
doesn't meet the sched-
uled milestones.
44
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Other uses of data gained through
enforcement systems include
evaluation of effectiveness of
existing regulations and programs
emission inventories
45
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Evaluation includes such activities as
air quality monitoring
emission inventory compilation
statistical analysis
mathematical modeling
prediction of future trends
46
unnnmnmuvvvuuuuuuuwu
Emission Inventory
A study of a given area
to locate air pollution sources
to define type and size of sources
to define type and amount of emissions
to determine pollutant emission:
frequency
duration
relative contribution
47
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Emission Inventory/Permit and
Registration Subsystem (EIS/P&R)
Can record data about
sources in terms that
can be used to
schedule enforcement
actions
48
IWWWWWHVVVVVVUUWUUmU
Lesson II
Questions
1. In order to effectively perform enforcement functions, a state must have both
(pick two):
a. at least 150 administrative d. an air pollution permit from
and technical employees. the federal government.
b. authority to perform enforce- e. procedures to carry out
ment functions. enforcement functions.
c. a state representative in
Washington.
2. Name the type of system that requires source owners or operators to apply for
a permit to construct.
49
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3. The data obtained through permit and registration systems give control agen-
cies information about:
a. where pollution sources are c. what the types and quan-
located in its area. tities of emissions are.
b. what types of sources they d. all of the above
are.
4. The information obtained through permit and registration systems helps a
control agency:
a. keep track of emissions. c. make recommendations for
b. determine the success of its new regulations.
control plans. d. all of the above
50
wuiNwmmvuvvvvwuuwuuu
5. If a permit to construct is refused, the applicant has which two options?
a. resubmit the application d. submit the application
with all necessary changes
b. appeal the decision to the
EPA council
c. go ahead with construction
and apply for a permit to
operate later
again as is
e. appeal the decision to a
hearing board
f. appeal the decision to the
Governor's council
51
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6. Even if a facility is built according to approved specifications, a permit to
operate is not issued if the facility:
a. is not able to comply with d. has less than 5 air pollution
regulations. scientists employed there.
b. is more than 7 years old. e. operates more than 56 hours
c. is not in an official air con- per week.
trol area. f. none of the above
7. What is the major difference between permit systems and registration systems?
8. Name the two services for which an enforcement system must provide.
9. Define the term "variance" as it applies to air pollution control enforcement
systems.
52
10. Which of the following activities are used to evaluate control regulations and
programs?
a. air quality monitoring d. mathematical modeling
b. emission inventory e. prediction of future trends
compilation f. all of the above
c. statistical analysis
Answers are on the next page.
53
-------
Lesson II
Answers
1. b & e. authority to perform enforcement functions, and procedures to carry
out enforcement functions
2. permit system
3. d. all of the above
4. d. all of the above
5. a & e. resubmit the application with all necessary changes; appeal the decision
to a hearing board
6. a. is not able to comply with regulations
7. registration systems do not directly prevent construction of a source
8. inspection and testing
9. a temporary permit to operate out of compliance, usually issued for the period
of time needed to make the changes necessary to bring a source into com-
pliance
10. f. all of the above
When you have checked your responses, please turn on the tape recorder.
54
minnwwmmvnvmwwwun
Lesson III: Inspections and Right-of-Entry
Objectives
1. Name at least three kinds of things at a source that control agency inspectors
examine.
2. Identify the options available to a control agency if an operating source is
found to be violating rules or regulations.
3. Identify the options available to a source owner or operator when faced with
suspension or revocation of an operating permit.
4. Identify the rights protected by the Fourth Amendment to the Constitution of
the United States.
55
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Any source. . . may be inspected
at any reasonable time.
56
iwuwwmwuuwuuuuuuuu
Inspectors review the plant's records
and inspect the plant and equipment.
57
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If a violation is suspected, a source test
may be required
in some states by the control agency
in other states by the company at its own
expense (methods used must be approved
by the control agency)
58
vmmmnmiromtMHWummu
If a violation is found
then the control agency has the
option of suspending or revoking the
permit to operate
-------
ispr
If the permit is suspended or revoked and
the company continues
r . J .^AStol
to operate in
noncompliance
r
then the control
agency may take the
matter to court to seek an injunction
and/or penalties
60
In some cases, when a
violation is found, the
control agency may set
up a schedule for the
source to come into
compliance. . .
and the source is allowed
to continue operation
as long as owners and
operators are diligently
trying to meet that
schedule.
61
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When faced with
suspension or revocation
of a permit
the plant owner or operator may
appeal the decision before a board
(where there is one).
If the board sustains the revo-
cation, the plant owner may
contest the order in court.
62
mwwwwvvvvmvvuuuuuuuu
Most states have laws that specifically allow an
authorized officer of the control agency to
"enter and inspect any property, premises or place
on or at which an air contamination source is
located.. .at any reasonable time"
and further require that
"No person shall refuse entry or access.. .nor
shall any person obstruct, hamper or interfere
with such inspection."
63
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A few states are more cautious, stating
that agency personnel may enter the
premises at any reasonable time with
the consent of the owner.
64
mmmwmuvvvvvvmuwuuwu
Fourth Amendment
The right of the people to be secure in their
persons, houses, papers, and effects, against
unreasonable searches and seizures, shall not be
violated, and no Warrants shall issue, but upon
probable cause, supported by Oath or affirma-
tion, and particularly describing the place to be
searched, and the persons or things to be seized.
65
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Camara vs. City
of San Francisco
U.S. Supreme Court overruled a
lower court conviction because
evidence had been obtained by
a local health inspector's
search of an individual's
private dwelling without the
occupant's permission and
without a warrant.
See vs. City
of Seattle
The Court overruled a lower
court conviction because
evidence was obtained by a
local health inspector's search
of a commercial warehouse
without the owner's permission
and without a warrant.
66
wimuwwitvvvvvvvuuuuuumi
Because of the special circumstances
and the wording of the opinions,
however, these cases have not been
interpreted as requiring a warrant for
every administrative search or
inspection.
67
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If a violation is suspected and a control agency
offical is refused entry, he might. . .
obtain a search warrant
to inspect the facility
68
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Lesson III
Questions
1. Name three kinds of things at a source that control agency inspectors examine.
2. Which of the following options are available to a control agency if it finds that
an operating source is violating rules or regulations?
a. suspension of permit to d. suspension of permit to
operate construct
b. revocation of permit to e. none of the above
construct
c. revocation of permit to
operate
69
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3, Which of the following option(s) may be available to a source owner or
operator when faced with suspension or revocation of an operating permit?
a. continue current operations c. contest the order in court
without risk of penalty d. none of the above
b. appeal the decision before
a board
4. The Fourth Amendment to the U.S. Constitution protects people against
Answers are on the next page.
70
mwwwwwmmttttuuuuuu
Lesson III
Answers
1. a source's records, facilities, and equipment
2. a & c. suspension of permit to operate or revocation of permit to operate
3. b & c. appeal the decision before a board (if there is one) or contest the order
in court (after administrative remedies are exhausted)
4. unreasonable searches and seizures
When you have checked your responses, please turn on the tape recorder.
71
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Lesson IV: Confidentiality of Certain Records
Objectives
1. Recognize the name of the Act that grants the "right to access" to certain
information contained in air pollution agency records.
2. Discuss EPA's policyas set forth in Title 40, Part 2, of the Code of Federal
Regulations concerning disclosure of records to the public.
5. Identify the types of information that EPA does not disclose to the public and
the kinds that EPA will disclose under all circumstances.
4. Discuss EPA guidelines regarding company requests for confidential treatment
of submitted data.
72
mmumnuuuuumuuuumui
The competitive nature of the
free enterprise system in
this country requires com-
panies to keep details about
their processes, expenditures,
etc., out of the hands of
their competitors
, ^
II cP* D
Most agencies have scrupulously
respected the confidentiality
of information pertaining
to the processes of companies
that have obtained permits
-------
What kind of equipment
can I use?
Electrostatic precipitators
have been used success-
fully for your type of
operation.
74
mwwwwimmuuuuuuww
Much controversy exists concerning
confidentiality vs. right to access
of air pollution agency records
required by the Freedom of Informa
tion Act.
-------
Code of Federal Regulations
Title 40, Part 2, Sect. 2.101(a)
"EPA will make the fullest possible disclosure of records to the
public, consistent with the rights of individuals to privacy, the
rights of persons in trade secrets and other information entitled
to confidential treatment, and the need for EPA to promote
frank internal policy deliberations and to pursue its official
activities without undue disruption."
76
iummuuuunumuuuuuuuui
The types of information that are not disclosed
include
defense secrets
internal personnel data
items exempted by law
trade secrets
interagency and intraagency memos
personnel and medical files
certain investigatory records relating to law enforcement
some documents relating to financial information
certain geological information concerning wells
77
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EPA guidelines require companies
to make a formal request if they
want submitted data to be treated
as confidential.
The company must submit con-
vincing justification for holding
data confidential or it will be
released to the public upon request.
Emissions data cannot be held
confidential.
78
OHIO REVISED CODE (O. R. C.)
CHAPTER 3704. (AIR POLLUTION CONTROL)
Sec. 3704.08 (A) Any records, reports, or information obtained
under Chapter 3704. of the Revised Code shall be available for public
inspection, except that upon a showing satisfactory to the DIRECTOR
OF ENVIRONMENTAL PROTECTION by any person that such records,
reports, or information, or any particular part thereof, other than emis-
sion data, to which the DIRECTOR has access under such chapter, if
made public, would divulge methods or processes entitled to protec-
tion as trade secrets of such person, the DIRECTOR shall consider
such record, report, or information or particular portion thereof, con-
fidential, except that such record, report, or information may be
disclosed when necessary to sustain an action brought pursuant to
section 3704.06 of the Revised Code or during an adjudication hearing
conducted by the DIRECTOR on the denial, modification, or revoca-
tion of a variance or permit.
(B) Nothing in division (a) of this section shall be construed to pre-
vent the DIRECTOR from compiling or publishing analyses or sum-
maries relating to the general condition of the atmosphere, provided
that such reports do not reveal any information otherwise confidential
under this section.
Please turn on the tape recorder.
79
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Lesson IV
Questions
1. There is much controversy concerning confidentiality versus right of access to
air pollution agency records required by the:
a. Truth in Government d. Keogh Act.
Act- e. Freedom of Information
b. Ethics Act. Act.
c. Clean Air Act. f. none of the above.
2. Discuss EPA's policy regarding disclosure of records to the public. Your
reference should be Title 40, Part 2, of the Code of Federal Regulations.
80
mttmwmuwuuuuuuuuuw
3. Which of the following types of information does EPA not disclose to the
public?
a. defense secrets e. personnel and medical
b. internal personnel data files
c. trade secrets f. all of the above
d. interagency and intraagency
memos
4. According to EPA guidelines, what must companies do in order to insure con-
fidential handling of submitted data?
Answers are on the next page.
81
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Lesson IV
Answers
1. e. Freedom of Information Act
2. Your reply should be consistent with the following excerpt from the Code of
Federal Regulations: "EPA will make the fullest possible disclosure of records
to the public, consistent with the rights of individuals to privacy, the rights of
persons in trade secrets and other information entitled to confidential treat-
ment, and the need for EPA to promote frank internal policy deliberations and
to pursue its official activities without undue disruption."
3. f. All of the above.
4. EPA guidelines require companies to formally request confidential treatment of
submitted data. The company must submit justification for holding data con-
fidential or it will be released to the public upon request.
When you have checked your responses, please turn on the tape recorder.
82
Lesson V: Cost of Enforcement Systems
Objectives
1. Identify five reasons why effective enforcement systems require adequate staff
and funding.
2. Name four ways that money may be collected for defraying costs of enforce-
ment systems.
3. Name six expenses that source owners or operators often incur as a result of
enforcement systems.
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Effective enforcement systems require
availability of adequate personnel and
funds.
engineers must be employed to review
construction plans
variance reviews consume engineers' time
many inspectors are needed
84
Aiiimmmnmnntmuunmrnn
Source testing is expensive
some agencies have their own
source test teams
others hire independent con-
tractors to conduct source tests
85
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Personnel may be required for both
technical and administrative support
technical support functions
laboratory services
computer services
shop services
administrative support functions
personnel
procurement
budget, including finance and accounting
general services, such as secretarial, clerical, reproduc-
tion, phone, building maintenance, and mail
86
uuuuiuumutiuuuuwumuu
Types of Revenue Systems Used to
Defray Costs of Enforcement Systems
fees for processing permits to construct
and permits to operate
inspection fees
permit renewal fees
fines for violations of regulations
87
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The implementation of enforcement systems
is also an expense for the source owners and
operators
Recordkeeping
Source testing
Permit system fees Related administrative
expense
Continuous emission Technical personnel to
monitoring systems oversee these functions
88
Permit and registration systems
have proven to be effective
enforcement tools.
89
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Permit system
gives the control agency needed control over
the location, design, and construction of
pollution sources in its area
Both permit and registration systems
allow the agency to control operation of
these sources
90
immimnninnnwmwwmw
From information obtained through
both systems, the control agency knows
location of
sources
types of
sources
types and
quantities of
emissions
91
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This information helps the agency
keep track of emissions
Suggestions
determine the success of its
control plans
make recommendations for
new regulations
92
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A balance must be struck among conflicting
interests through
coordination of control agency efforts at all
levels of government
citizen participation
industry cooperation
in order to achieve compliance with emission
regulations designed to achieve, maintain, and
protect air quality in the interest of public
health and welfare.
93
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Lesson V
Questions
1. Which of the following are necessary for an effective enforcement system?
a. engineers to review d. source testing
construction plans e. personnel for technical
b. engineers to conduct and administrative functions
reviews of variance f. all of the above
requests
c. an adequate number of
inspectors
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2. List four ways that money may be collected for defraying costs of enforcement
systems.
3. List six expenses often incurred by source owners or operators as a result of
enforcement systems.
Answers are on the next page.
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Lesson V
Answers
1. f. all of the above
2. fees for processing permits, inspection fees, permit renewal fees, and fines for
violations of regulations
3. recordkeeping expenses, permit system fees, related administrative expenses,
source testing costs, continuous emission monitoring system costs, and cost of
technical personnel
When you have checked your responses, review any material that you are not sure
of, and then take the unit test which begins on page 97.
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Unit Test
1. Which Federal act requires states to submit implementation plans, requires
permit systems for non-attainment areas, and requires fee systems to defray air
pollution control costs?
2. In which Federal document can one find current requirements for preparation,
adoption, and submittal of implementation plans?
S. In order to make sure that sources obey all applicable rules and regulations,
states must have the authority to:
a. make source operators install, d. make emission information
maintain, and use continuous available to the public.
emission monitoring equipment e. periodically inspect sources and
on specified classes of sources. conduct source tests.
b. make source operators main- f. all of the above.
tain records of their emissions.
c. make source operators report
emissions information to the
state.
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4. True or False: The state's approval of any construction or modification of a
source does not affect the source owner or operator's responsibility to comply
with existing regulations. The source owner or operator is always responsible
for compliance.
5. In order to effectively perform enforcement functions, a state must have
both and
6. Name the type of system that requires source owners or operators to get
approval from a governmental control agency before a new source of air pollu-
tion is built.
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7. The data obtained through permit and registration systems give control agen-
cies information about:
a. where pollution sources are c. what types and quantities of
located in its area. emissions there are.
b. what types of sources they are. d. all of the above.
8. List three control agency uses of the information obtained through permit and
registration systems.
9. Supply the missing word or phrase:
Even if a facility is built according to approved
specifications, a permit to operate is not issued if
the facility
10. Define the term "variance" as it applies to air pollution control enforcement
systems.
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11. A ' registration system / permit system) dnf>s not directly prevent construction
of a source that is expected to violate emission regulations when placed in
operation.
12. Which of the following are air resource evaluation activities performed by con-
trol agencies?
a. air quality monitoring d. mathematical modeling
b. emission inventory compilation e- prediction of future trends
c. statistical analysis f- all of the above
13. List three kinds of things at a source that control agency inspectors examine.
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14. Which of the following options are available to a control agency if it finds that
an operating source is violating rules or regulations?
a. suspension of permit to operate d. suspension of permit to
b. revocation of permit to construct
construct e. all of the above
c. revocation of permit to operate
15. The Fourth Amendment to the U.S. Constitution protects people
against
16. There is much controversy concerning confidentiality of information provided
by pollution sources versus right of access to the air pollution agency records
required by the Act.
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17. Discuss EPA's policy regarding disclosure of records to the public. Your
reference should be Title 40, Part 2, of the Code of Federal Regulations.
18. According to EPA guidelines, what must companies do in order to insure con-
fidential handling of submitted data?
19. List four ways that money may be collected for defraying costs of enforcement
systems.
20. List six expenses often incurred by source owners or operators as a result of
enforcement systems.
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Unit Test
Answers
1. the Clean Air Act
2. the Code of Federal Regulations
3. f. all of the above
4. true
5. authority to perform enforcement functions and procedures to carry out
enforcement functions
6. construction permit system
7. d. all of the above
8. keeping track of emissions
determining the success of its control plan
making recommendations for new regulations
9. is not able to comply with emission regulations and/or causes ambient air
quality standards to be exceeded
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10. a variance is a temporary permit to operate, out of compliance, usually issued
for the period of time needed to make the changes necessary to bring a source
into compliance
11. registration system
12. f. all of the above (as appropriate to the actual case).
13. a source's records, facilities, and equipment
14. a & c
15. unreasonable searches and seizures
16. Freedom of Information
17. your reply should be consistent with the following excerpt from the Code of
Federal Regulations: "EPA will make the fullest possible disclosure of records
to the public, consistent with the rights of individuals to privacy, the rights of
persons in trade secrets and other information entitled to confidential treat-
ment, and the need for EPA to promote frank internal policy deliberations and
to pursue its official activities without undue disruption."
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18. EPA guidelines require companies to formally request confidential treatment of
submitted data. The company must submit justification for holding data con-
fidential and EPA must make a formal finding that it is information entitled
to protection, or it will be released to the public upon request. EPA will not
hold emissions data to be confidential.
19. fees for processing permits
inspection fees
permit renewal fees
fines for violations of regulations
20. recordkeeping expenses
permit system fees
related administrative expenses
source testing costs
continuous monitoring system costs
cost of technical personnel
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