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Properly Reporting Enforcement Actions Addressing the Air Toxics National Priority

 

Regions should select the OECA National Priority field for "Air Toxics" only for enforcement actions which involve their regionally selected MACT standards. There is some flexibility to this rule if for instance a Region begins an enforcement action when a MACT standard is regionally selected but then by the time the case is concluded the MACT standard is no longer selected. The Region can still indicate the case addresses the Air Toxics National Priority because the MACT standard was selected sometime during the enforcement process. The same applies to a case which did not involve a selected MACT standard at initiation but by the time it concludes, if the region discussed adding the MACT standard with the SIT and the SIT agrees, the region can flag the case as part of the air toxics national priority.

 

The complete Air Toxics strategy summary can be found at http://www.epa.gov/compliance/resources/publications/data/planning/priorities/fy2005prioritycaatoxics.pdf

 

In terms of ICIS data entry, the user must select the OECA National Priority field for "Air Toxics" with the current fiscal year and then must enter the Part 63 subpart information in the citation field on the "Enforcement Action Detail" screen. Enforcement actions which are part of the air toxics core program do not require the Part 63 subpart information in the citation field. Otherwise, if a Region has an CAA enforcement action, which does not involve a regionally selected MACT at any time during the enforcement process, the case should not be identified as addressing the OECA National Priority Air Toxics and will be considered part of the Air Toxics core program.

 

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