OAR Policy and Guidance Metarecord

Document Title/Subject: Guidance--Effect of Audit Immunity/Privilege Laws on States' Ability to Enforce Title V Requirements Related Documents:	Signed by: Steven Herman and Mary Nichols Signature Date: April 5, 1996 Contact: Barrett Parker Information Transfer and Program Integration Division (OAQPS)	Filename(s): URL(s): http://www.epa.gov/ttn/oarpg/t5/memoranda/auditmem.pdf
Regulatory Authority: Title 5	Division: Information Transfer and Program Integration Division (OAQPS)	Submitted By: parker.barrett
Document Type: Policy & Guidance Memos	EPA Document Number: Federal Register:	Supersedes:
Subject Category: Air Legislation Operating Permits	Keywords: Self auditing	Terms:
Abstract: This memo provides principles for the EPA Regions to use in reviewing State audit privilege and/or immunity legislation for compatibility with title V enforcement authority. Regions should be guided by the following principles: -Focus upon those few provisions that conflict with specific federal requirements for adequate enforcement authority; -For ambiguous laws, accept reasonable opinions from the State Attorney General which interpret the statute as providing the State with the required authority; -Generally, continue to grant interim approval to States with audit legislation, but identify whether specific provisions must be changed before final approval. Specific enforcement authorities required for Title V delegation include: emergency orders/ injunctive relief, criminal enforcement authority, and civil penalty authority. Overly broad privileges are not allowed. The authorities and limits on privilege are detailed in the memo.

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