Enforcement Policies And Guidance Documents
This category contains a comprehensive collection of Clean Air Act enforcement policy
documents issued by EPA between 1976 and 1991. These documents are not generally available
on EPA's electronic bulletin board. (We are currently in the process of updating the
collection with post-1991 documents.)
- 12/05/2001
Memorandum Clarifying Policy for SIPs on
Excess Emissions During SSM Enforcement
- 10/14/99
Policy for SIPs on Excess Emissions During SSM
Conditions (WP 6.1 format)
- 11/17/98
Guidance on Appropriate Injunctive Relief for Violgations of
Major NSR Requirements
- 10/30/98
10/30/98 Decision Letter from EPA's
Office of Civil Rights in the Select Steel Corporation Case
- 2/5/98
Interim Guidance for Investigating Title VI
Administrative Complaints Challenging Permits
- 2/14/97
Response to Comments Document for Credible Evidence
Rule
- 9/17/96
Use of State-Only Monitoring Data in Enforcement Actions
and Part 70 Periodic Monitoring (Seitz to Hodanbosi)
- 4/5/96
Effect of Audit Immunity/Privilege Laws on States' Ability
to Enforce Title V Requirements
- 3/22/96
EPA Discussion Paper on Use of Any Credible Evidence
- 12/22/95
Incentives for Self-Policing: Discovery,
Disclosure, Correction and Prevention of Violations (Audit Policy)
- 02/07/92
Issuance of Guidance on the "Timely and
Appropriate Enforcement Response to Significant Air Pollution Violators"
- 10/31/91
EPA Policy Regarding The Role of Corporate
Attitude, Policies, Practices, and Procedures, In Determining Whether to Remove A Facility
From The EPA List of Violating Facilities Following A Criminal Conviction
- 10/29/91
Guidance on Choosing the Appropriate Forum in
Clean Air Act Stationary Source Civil Enforcement Actions
- 10/29/91
Guidance on Choosing the Appropriate Forum in
Clean Air Act Stationary Source Civil Enforcement Actions
- 10/25/91
Clean Air Act Stationary Source Civil Penalty
Policy;
- 06/24/91
Clarification of Policy on Enforcement of
Visible Emission Violations For SIP Sources Meeting Applicable Mass Emission Standards
- 04/29/91
RCRA Corrective Action Decision Documents: The
Statement of Basis and Res OSWER Directive No. 9902.6
- 03/01/91
Revised Guidance on Enforcement During Pending
SIP Revisions> E.32
- 11/02/90
New Amended Penalty Policy for Production or
Importation in Violation of 4 Appendix VIII to Document #30 of Clean Air Act Policy
Compendium
- 06/05/90
Inclusion of CERCLA Section 103(a) Counts in
Asbestos NESHAP Cases
- 04/02/90
Amended Penalty Policy for Production or
Importation in Violation of> 40 CFR Part 82 of Substances that Deplete the
Stratospheric Ozone
- 03/07/90
Guidance on CERCLA Section 106(a) Unilateral
Administrative> Orders for Remedial Designs and Remedial Actions> OSWER Directive
No. 9833.0-1a
- 02/23/90
Clarification of EPA NESHAP Policy - Nonfriable
Asbestos
- 11/24/89
Final Penalty Policy for Production or
Importation in Violation of 40 CFR Part 82 of Substances that Deplete the Stratospheric
Ozone
- 09/14/89
Final Penalty Policy for New Residential Wood
Heaters> 40 CFR Part 60, Subpart AAA> Clean Air Compendium No. VII.E.30
- 08/29/89
Revised Guidance on Enforcement of State
Implementation Plan> Violations Involving Proposed SIP Revisions> Clean Air Act
Compendium Document No. E.32.
- 07/06/89
Guidance on Administrative Records for RCRA
Section 3008(h) Actions> OSWER Directive No. 9940.4
- 06/21/89
Model Litigation Report for CERCLA Sections 106
and 107 and RCRA Section 7 OSWER Directive No. 9835.11-1
- 06/13/89
Guidance on Limiting Potential to Emit in New
Source Permitting
- 06/05/89
40 CFR Part 22> Collection of Civil Penalties
Under Title II of the Toxic Substances Control Act Final Rule> Federal Register, Vol.
54, No. 106, Page 24112
- 03/00/89
FY 1990 Office of Water Operating Guidance>
Selected Portions ONLY> CWA Compendium Document No. VII.16
- 02/08/89
Revised Guidance Concerning Compliance By Use of
Low Solvent> Technology in VOC Enforcement Cases
- 01/27/89
Guidance on Inclusion of Environmental Auditing
Provisions in Clean Air Act Settlements
- 12/16/88
Table of Contents - General Enforcement Policy
Compendium
- 12/02/88
Enforcement Response Policy for Section 313 of
the Emergency Planning and Community Right to Know Act
- 11/08/88
Federal Facilities Compliance Strategy
- 11/03/88
Community Relation During Enforcement Activities
and Development of the Ad OSWER Directive No. 9836.0-1A
- 09/01/88
Asbestos Content in Bulk Insulation Samples:
Visual Estimates and Weight Composition
- 07/31/88
Catalog of Superfund Program Directives> (
OSWER Directive No. 9200.7-01 )
- 07/25/88
Guidance on Certification of Compliance with
Enforcement Agreements
- 07/15/88
Procedures for EPA to Address Deficient New
Source Permits Under the Clean Air Act
- 07/00/88
Enforcement Docket Overview
- 06/30/88
Asbestos Contractor Listing
- 04/13/88
Process for Conducting Pre-Referral Settlement
Negotiations on Civil Judicial Enforcement Cases
- 04/08/88
Assuring Timely Filing and Prosecution of Civil
Judicial Actions
- 04/08/88
Enforcement Docket Maintenance
- 04/08/88
Enforcement Docket Maintenance
- 03/31/88
Compliance Monitoring Strategy for FY 89
- 03/31/88
Revised Asbestos NESHAP Strategy
- 03/31/88
Transmittal of OAQPS CEMS Policy and FY1988
Guidance
- 03/11/88
Case Management Plans
- 03/11/88
Listing Asbestos Demolition and Renovation
Companies Pursuant to Section 306 of Clean Air Act
- 01/28/88
The meaning of "endangers" or
"imminent and substantial endangerment" of drinking water sources under sections
1421 and 1431 of the Safe Drinking Water Act, especially in the context of Class V UIC
wells
- 01/11/88
Procedures for Modifying Judicial Decrees
- 12/31/87
Guidance on Evaluating Clean Air Act Enforcement
of State Implementation Plan Violations Involving Proposed State Revisions
- 11/23/87
Settling Enforcement Actions in Clean Air Act
Nonattainment Areas Against Stationary Air Sources Which Will Not Be In Compliance By The
Applicable Attainment Date
- 11/00/87
Docket Enhancements - FY 1988, Phase I
- 11/00/87
Guidance For Tracking Administrative Enforcement
Actions
- 10/08/87
Contractor Listing Protocols> Includes
Attachments WW, XX & YY
- 09/29/87
Processing of Indirect Referrals
- 09/28/87
Procedures for Pre-Referral Settlement of
Asbestos Demolition and Renovation Cases
- 09/23/87
Review of State Implementation Plans and
Revisions for Enforceability and Legal Sufficiency
- 09/23/87
Review of State Implementation Plans and
Revisions for Enforceability and Legal Sufficiency
- 09/14/87
Processing of Consent Decrees
- 08/20/87
Policy on Invoking Section 9 of the EPA / DOJ
Memorandum of Understanding
- 08/10/87
Interim Final Rules of Practice Governing the
Administrative Assessment of Class II Civil Penalties Under the Clean Water Act
- 07/16/87
Interim Guidance on Use of Administrative
Penalty Provisions of> Section 109 of CERCLA and Section 325 of SARA> ( OSWER
Directive No. 9841.1 )
- 03/25/87
Revised Clean Air Act Stationary Source Civil
Penalty Policy
- 03/10/87
Procedures and Responsibilities for Updating and
Maintaining the Enforcement Docket
- 12/23/86
Availability of Low-Solvent Technology (
"LST" ) Schedules In Clean Air Act Section 120 Enforcement Actions
- 12/05/86
Application of August 7, 1986 Policy on LST
Schedules in Consent Decrees
- 11/26/86
Guidance on Implementing the Discretionary
Contractor Listing Program
- 11/26/86
Guidance on Implementing the Discretionary
Contractor Listing Program
- 11/21/86
Early Compliance And Stipulated Penalties in VOC
Enforcement Cases
- 11/14/86
Final EPA Policy on the Inclusion of
Environmental Auditing Provision in Enforcement Settlements
- 10/01/86
Guideline S-26 - Enforcement of the Arsenic
NESHAP for Glass Manufacturing Plants ( 40 CFR Part 60 Subpart N )
- 09/26/86
Penalties under "Timely and
Appropriate" Guidance
- 09/16/86
Enforcement Strategy and Procedures for the
Interim Prohibition, Section 9 of SWDA
- 08/07/86
Policy on SIP Revisions Requesting Compliance
Date Extensions for VOC Sources
- 08/07/86
Policy on the Availability of Low-Solvent
Technology Schedules in Clean Air Act Enforcement Actions
- 05/19/86
Guidance on RCRA Overfiling
- 04/22/86
Guidance: Enforcement Applications of Continuous
Emission Monitoring System Data
- 04/11/86
Guidance on Federally-Reportable Violations for
Stationary Air Sources
- 04/11/86
Timely and Appropriate Enforcement Response
Guidance
- 02/28/86
Direct Referrals; Correspondence between Thomas
L. Adams and F. Henry Habicht, II
- 02/28/86
Responses to Four VOC Issues Raised by the
Regional Offices and Department of Justice
- 01/31/86
Responses to Two VOC Questions Raised by the
Regional Offices
- 01/30/86
Model Litigation Report Outline and Guidance
- 01/17/86
Issues #3(e) and #5 of the VOC Issue Resolution
Process: Establishing Proof of VOC Emissions Violations, and Bubbles in Consent Decrees
Resolving Civil Actions Under Section 113(b) of the Clean Air Act
- 00/00/86
Clean Air Act Compliance / Enforcement Guidance
Manual - Table of Contents
- 00/00/86
Clean Air Act Compliance / Enforcement Guidance
Manual - Chapter One
- 00/00/86
Clean Air Act Compliance / Enforcement Guidance
Manual - Chapter Two
- 00/00/86
Clean Air Act Compliance / Enforcement Guidance
Manual -- Chapter Three
- 00/00/86
Clean Air Act Compliance / Enforcement Guidance
Manual -- Chapter Four
- 00/00/86
Clean Air Act Compliance / Enforcement Guidance
Manual -- Chapter Five: Responding to Noncompliance
- 00/00/86
Clean Air Act Compliance / Enforcement Guidance
Manual -- Chapter Six: Administrative Enforcement Actions: Notice of Violation and
Administrative Orders
- 00/00/86
Clean Air Act Compliance / Enforcement Guidance
Manual - Chapter Seven
- 00/00/86
Clean Air Act Compliance / Enforcement Guidance
Manual -- Chapter Eight: Section 120 Noncompliance Penalties
- 00/00/86
Clean Air Act Compliance / Enforcement Guidance
Manual -- Chapter Ten
- 00/00/86
Clean Air Act Compliance / Enforcement Guidance
Manual -- Chapter Eleven: Miscellaneous Considerations
- 11/27/85
Enforcement Policy Respecting Sources Complying
With Clean Air Act Requirements By Shutdown
- 07/10/85
Injunctive Relief in Asbestos Demolition and
Renovation Cases
- 07/09/85
Timely and Appropriate Guidance and Asphalt
Plants
- 07/02/85
Impact of Intermittent Source Operations on Clean
Air Act Penalty Calculations
- 06/28/85
Guidance on Complying with the Notification
Requirements on Sections 113(a)(1) and 113(a)(4) of the Clean Air Act
- 06/28/85
Particulate Matter Interim Enforcement Policy
- 06/25/85
Penalty Computations under Section 113 Civil
Penalty Settlement Policy and Section 120 of the Clean Air Act
- 05/15/85
Rules Governing Conclusion of Clean Air Act
Section 120 Actions
- 04/24/85
Achieving VOC Compliance from Department of
Defense Contractor Facilities
- 03/19/85
Permissable Grounds for Settlement of
Noncompliance Penalties Under Section 120 of the Clean Air Act
- 11/16/84
Policy Against "No Action" Assurances
- 11/01/84
The Clean Air Act: Compliance / Enforcement
Guidance Manual Compendium of Operative Enforcement Policies
- 10/03/84
Guidance for Assertion of Deliberative Process
Privilege
- 09/24/84
Review of Application of Test Methods in Clean
Air Act Enforcement Cases
- 09/12/84
Clean Air Act Stationary Source Civil Penalty
Policy
- 09/06/84
Final Guidance on Use of Unannounced Inspections
- 08/28/84
Policy on No-Action Assurances
- 08/08/84
Implementation of Mandatory Contractor Listing
- 08/08/84
RCRA / CERCLA Case Management Handbook --
Chapter One: Identification of Enforcement Cases to be Referred for Possible Judicial
Action
- 08/08/84
RCRA / CERCLA Case Management Handbook --
Chapter Two: Pre- Referral Case Development Process
- 08/08/84
RCRA / CERCLA Case Management Handbook --
Chapter Three: Description of EPA Hazardous Waste Civil Referral Package
- 08/08/84
RCRA / CERCLA Case Management Handbook -- List
of Abbreviations and Acronyms
- 08/08/84
RCRA / CERCLA Case Management Handbook --
Appendix Four
- 07/18/84
Guidance for Implementing EPA's Contractor
Listing Authority
- 07/12/84
FY 1985 SPMS Accountability Requirements
- 07/12/84
More Effective Use of Clean Air Section 120 As An
Enforcement Tool
- 07/11/84
Vinyl Chloride Enforcement Strategy
- 07/02/84
Qualification for Exemption from the Asbestos in
Schools Rule Based on Asb TSCA Compliance Program Policy No. 6-Asbestos-3
- 06/28/84
Guidance on "Timely and Appropriate"
EPA / State Enforcement Response for Significant Air Violators
- 06/17/84
Letter to John Cuthbertson, National Forest
Products Association, about EPA's program to assure compliance with SIP VOC emission
limitations
- 06/01/84
Benzene NESHAPs Guidance
- 04/13/84
Section 120 Consultation Policy
- 04/06/84
Asbestos Strategy Document
- 03/27/84
Decision in United States v. Kaiser Steel
Corporation, No. CV-82-2623 IH (C.D. Cal. Jan. 26, 1984)
- 03/08/84
Headquarters Review and Tracking of Civil
Referrals
- 02/29/84
Letter to Richard A. Lillquist President,
Flexible Packaging Association, about EPA's program to assure compliance with SIP VOC
emissions limitations
- 02/22/84
Use of Contractors to Conduct Clean Air Act
Inspections After the Supreme Court's Decision in United States v. Stauffer Chemical Co.
No 82-1448
- 02/16/84
A Framework for Statute-Specific Approaches To
Penalty Assessments: Implementing EPA's Policy on Civil Penalties
- 01/04/84
Federal Facilities Compliance
- 01/04/84
The EPA Federal Facilities Compliance
Program-Resolution of Compliance Problems
- 12/15/83
Execution of Confidentiality Agreements Under
Section 114 of The Clean Air Act
- 12/14/83
Guidance on Enforcement of Prevention of
Significant Deterioration Requirements Under the Clean Air Act Section 167
- 11/22/83
TSCA Compliance / Enforcement Strategy
- 11/14/83
Compliance Strategy for Stationary Sources of Air
Pollution
- 10/19/83
Guidance for Drafting Judicial Consent Decrees
- 09/15/83
Guidance on Use of Section 303 of the Clean Air
Act
- 09/08/83
Guidance on the Use and Issuance of
Administrative Orders Under Section 10 ( OSWER Directive No. 9833.0 )
- 08/26/83
Cost Recovery Actions Under CERCLA> ( OSWER
Directive No. 9832.1 )
- 07/19/83
EPA's Authority to Issue DCO's after Dec 31,
1982.
- 06/28/83
Enforcement of National Emissions Standard for
Vinyl Chloride
- 06/17/83
Overflights Initiated by the Criminal
Enforcement Division
- 05/07/83
Note on Regional Organization Structure of
September 15, 1981
- 04/26/83
Procedures for Review and Federal Register
Publication of Delayed Compliance Orders Under Section 113(d) of the Clean Air Act
- 04/21/83
Waiver of Consultation Requirements for
Initiation of Administrative Enforcement Under the Clear Air Act and Adjustments to
Section 120 Penalties
- 02/23/83
Requirement to Publish All Significant Final
Actions Under Title I of the Clean Air Act
- 02/15/83
Policy on Excess Emissions During Startup,
Shutdown, Maintenance, and Malfunctions
- 01/12/83
Guidance on Implementation of the 1982 Deadline
Enforcement Policy Issued September 20, 1982
- 10/12/82
General Operating Procedures for the Criminal
Enforcement Program
- 09/20/82
Enforcement Action Against Stationary Air Sources
Which Will Not Be In Compliance By December 31, 1982
- 08/12/82
Guidance Concerning EPA's Use of Continuous
Emission Monitoring Data
- 07/20/82
OANR Procedures for Coordination with Regional
Offices on Case Development
- 06/30/82
Guidance on EPA's Compliance Monitoring Overview
Program
- 06/30/82
Guidance on EPA's Compliance Monitoring Overview
Program
- 06/24/82
Significant Violators
- 06/21/82
Definition of "Continuous Compliance"
and Enforcement of O and M Violations
- 06/08/82
Guidance on Determination of Asbestos Content of
Friable Materials
- 05/24/82
Guidance on State Reporting of Air Compliance
Data to CDS
- 05/11/82
Guidelines for Using the Imminent Hazard,
Enforcement and Emergency Response Authorities of Superfund and Other Statutes
- 05/07/82
Restatement of Guidance on Emissions Associated
with Soot-blowing
- 05/04/82
Guidance on Policy for Enforcement of VE
Violations Against Sources Which are Meeting Applicable Mass Emission Standard
- 04/30/82
Use of Section 120 Noncompliance Penalties to
Promote Compliance of Seasonal Sources
- 04/30/82
Guidance on Policy for Addressing Violators
Subject to State Action
- 04/30/82
Agency Guidelines for Participation in Grand Jury
Investigations
- 04/30/82
Duration of Section 113(a) Orders
- 04/28/82
Federal Enforceability Under PSD
- 04/27/82
Policy for Addressing Violations Subject to
Non-Promulgated Regulations
- 04/22/82
Postponement of Enforcement Action During NSPS
Review
- 02/25/82
Guidance on NESHAP Asbestos Standards
- 02/03/82
Settlement of Section 120 Actions
- 12/29/81
EPA Accountability System - OANR Policy Guidance
- 07/28/81
Use of RCRA 3008(g) Independently of 3008(a)
- 07/17/81
Liability Agreement Between EPA Contractors and
Stationary Air Pollution Sources -- Amended Guidance
- 05/13/81
Regional Office Criteria for Neutral Inspections
of Stationary Sources -- Amended Guidance
- 04/30/81
Issuance of Notices of Noncompliance Under
Section 120 of the Clean Air Act to Seasonal Sources
- 04/24/81
Final Compliance Date for Unclassified Areas
- 04/15/81
Adjudicatory Proceedings Under Section 120 of the
Clean Air Act, as Amended ( the Act )
- 04/02/81
Settlement of Noncompliance Penalty Assessment
Under Section 120 of the Clean Air Act
- 02/23/81
Issuance of Section 113(a) Orders to NSPS Sources
for Failure to Conduct Performance Tests
- 02/12/81
Implementation of Noncompliance Penalty Program
Under Section 120 of the Clean Air Act
- 02/03/81
Permit Penalty Policy for Violations of
Requirements Applicable to New and Modified Sources Under The Clean Air Act
- 12/24/80
Format for Notices for Noncompliance
- 12/11/80
Delayed Compliance Orders Issued Under Section
113(d)(5) of the Clean Air Act
- 10/30/80
Settlement of Noncompliance Penalties Under
Section 120 of the Clean Air Act
- 09/12/80
Priorities for Issuing Notices of Noncompliance
- 08/26/80
Issuance of Administrative Compliance Orders in
Light of Harrison v. PPG Industries, Inc.
- 07/08/80
Civil Penalty Policy
- 05/27/80
Delayed Compliance Orders Requiring SIP
Compliance Through Temporary Control Measures
- 05/09/80
Clarification of Requirements for Inclusion of
CEM Provisions in SIPS.
- 03/11/80
Interim Particulate Controls
- 01/16/80
Federal Facilities Compliance
- 01/14/80
Inappropriate Issuance of Section 113(d)(4)
Orders to Sources Subject to NSPS
- 01/10/80
Alternate Procedure for Section 110(f) Relief in
Localized, Short- Term Energy Emergencies
- 11/07/79
Neutral Administrative Inspection Schemes for
TSCA Enforcement
- 09/01/79
Federal Register Publication of Significant Final
Actions Under Title I of the Clean Air Act
- 06/19/79
Supplemental Guidance Regarding Implementation
of Section 110(f) of the Clean Air Act
- 06/18/79
Limited Life Facilities-Policy Statement
- 04/11/79
Conduct of Inspections After the Barlow's
Decision
- 03/06/79
Energy Emergency Task Force Implementation of
Section 110(f) of the Center Air Act
- 03/30/78
State Enforcement of Asbestos Demolition
Regulations in Light of Adams Wrecking Company V United States, 11 ERC 1081 (Jan. 10,
1978)
- 12/02/77
Guidance for Section 114(d) of the Clean Air Act
- 11/07/77
Control Commitments in DCO's and Preservation of
Source Rights to Challenge SIP Regulations
- 06/15/77
Memorandum of Understanding Between the Dept. of
Justice and EPA
- 08/13/76
"Reviewability" of EPA Determinations
in SIP Enforcement Actions
- 08/12/76
Enforcement of SIPs Undergoing Revision
- 06/25/76
Documentation of Violation Extending 30 Days
Beyond Notice of Violation under Section 113 of the Clean Air Act
- 05/03/76
Enforcement of NSPS Requirements
- 04/26/76
Enforcement of NSPS Requirements