Air Pollution: Improvements Needed in Detecting and Preventing Violations

Highlights

Pursuant to a congressional request, GAO reviewed the Environmental Protection Agency's (EPA) efforts to: (1) detect when major stationary sources of air pollution violated air pollution control requirements; and (2) ensure that appropriate enforcement actions are taken when violations are found.

Recommendations

Matter for Congressional Consideration

Matter	Status	Comments
Currently proposed amendments to the Clean Air Act include provisions that provide EPA with administrative penalty authority that would enable it to take more expeditious actions to ensure that cash penalties are appropriate. Congress should include such penalty authority in final Clean Air Act legislation.	Closed – Implemented	Congress provided EPA with administrative penalty authority on November 15, 1990. Estimated savings per case closed ranges from $25,000 to $375,000.

Recommendations for Executive Action

Agency Affected	Recommendation	Status
Environmental Protection Agency	In order to more effectively implement the EPA emission-monitoring policy and achieve more widespread monitor use, the Administrator, EPA, should promulgate regulations that: (1) establish clear criteria for determining where continuous emissions monitors are feasible for major stationary sources; and (2) require continuous emissions monitor installation and use at all major sources meeting those criteria.	Closed – Implemented EPA has agreed to require continuous monitors at all major sources of air pollution as it develops new regulations required under the 1990 amendments to the Clean Air Act. Also, CAA Amendments of 1990 require continuous monitors where feasible, especially for acid rain contributors.
Environmental Protection Agency	To better achieve the objective of ensuring that those who violate the act's requirements do not gain financially from their actions, the Administrator, EPA, should use the enforcement authority available now and in the future under the amended Clean Air Act to overfile to the maximum extent possible to increase inadequate state and local penalties.	Closed – Implemented EPA has agreed to include such requirements in its next round of state implementation plan revisions with state and local agencies. The EPA/OGC legal opinion, written November 21, 1991, identifies the specific circumstances under which EPA may exercise this authority.
Environmental Protection Agency	To better achieve the objective of ensuring that those who violate the act's requirement do not gain financially from their actions, the Administrator, EPA, should undertake efforts to include specific standards for assessing economic benefit penalties in the next round of the state implementation plan revisions and, if necessary and desirable, seek specific legislative endorsement for such action.	Closed – Implemented The Clean Air Act Amendments of 1990 revised the penalty provisions along the lines of the GAO recommendation.

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Natural Resources and Environment

Air pollution controlstate relationsFines (penalties)Industrial pollutionInspectionLaw enforcementNoncompliancePollution monitoringProposed legislationlocal relations