OAR Policy and Guidance Metarecord
Guidance--Effect of Audit Immunity/Privilege Laws on States' Ability to Enforce Title V Requirements
|Signed by: Steven Herman and Mary Nichols
Signature Date: April 5, 1996
Information Transfer and Program Integration Division (OAQPS)
Policy & Guidance Memos
EPA Document Number:
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.