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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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