Civil Enforcement

To ensure that the extremely hazardous wastes are managed in a manner that does not endanger human health or the environment, the regulated entities must comply with the applicable statutes related to chemical accident prevention and their requirements. EPA and the states verify compliance through a comprehensive compliance monitoring program, educate the regulated community with compliance assistance efforts, encourage compliance through voluntary incentive programs, and deter noncompliance with a strong enforcement program. Reflecting a partnership between EPA and the states, this balanced and effective program ensures that the American public is protected from the risks associated with improper management and handling of these wastes.

The Clean Air Act's General Duty Clause enforcement process and authorities that are used to assure that stationary sources or facilities are in compliance with the accidental release prevention requirements are as follows:

• EPA may inspect facilities to evaluate for compliance or in order to identify deficiencies in the accidental release prevention and mitigation programs. Regional inspectors, pursuant to Section 114(a)(1) and (2) of the Clean Air Act, may require an owner/operator to provide the information necessary to determine compliance. CERCLA 104(e) may also be used to gather information when there is a threat of release or actual release on hazardous substances, pollutants and contaminants.
  
  
• EPA may order any action necessary to abate a danger or threat, pursuant to Section 112(r)(9) of the Clean Air Act, if the Agency determines that there that there may be an imminent and substantial endangerment to to human health or welfare or environment because of an actual or threatened accidental release of a regulated substance.
  
  
• EPA may pursue enforcement actions to require and/or improve accidental release prevention and mitigation programs by seeking penalties and/or injunctive relief for violations of the general duty clause. Pursuant to Section 113(d) of the Clean Air Act, EPA may issue an administrative penalty order or pursuant to Section 113(a)(3) of the Clean Air Act, EPA may issue an administrative compliance order requiring an owner/operator to comply with the general duty clause. EPA may also bring a civil judicial action pursuant to Section 113(b) of the Act for violations of the general duty clause or request that the Attorney General commence a criminal action in accordance with Section 113(c) of the Clean Air Act against owner/operators for knowing violations.
  

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