Does EPA have enforcement authority for the risk management program regulations?
Yes. Under §113 of the CAA, the Agency has the authority to bring administrative and judicial actions against violators. Judicial actions can be civil and criminal in nature. Section 113(a)(3) authorizes the Agency to order violators to comply with the risk management program regulations. Under section 113(b), the Agency may initiate civil judicial enforcement for violations of the Risk Management Program to assess penalties up to $32,500 per day for each violation. Under §113(c), the Agency may seek criminal penalties for knowing violations of the risk management program. Under section 113(d) the Agency may assess administrative civil penalties of up to $32,500 per day for each violation. Administrative actions initiated under section 113(d) cannot exceed $270,000 unless approved by the Department of Justice. In addition, to the authority to bring administrative and judicial actions against violators, the Agency may issue orders under CAA §112(r)(9) and CAA §303 when there is an imminent and substantial threat of an actual or potential release.