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Clean Air Act National Enforcement Priorities
Advanced Investigative Techniques
Stationary Source Enforcement Priorities
- Coal Fired Power Plant Enforcement
- Ethanol Plant Enforcement
- Petroleum Refinery Enforcement
- Wood Products Enforcement
- Ozone Depletion Enforcement
Mobile Source Enforcement Priorities
- Heavy Duty Diesel Engine Cases
- Fuels Enforcement
- Defeat Device Investigations
- On-board Diagnosis Enforcement
- Airline Settlements
- Imports Enforcement
Fence-Line Monitoring Program
Emissions of air pollutants such as benzene, sulfur dioxide, ammonia and particulate can be related to regulatory violations. In some instances, ambient concentrations of pollutants can raise public health concerns. To better understand the nature of these emissions and the risks to public health, the Air Enforcement Division (AED) operates a mobile remote sensing laboratory at facility fence lines, residential areas, and other off-site locations. The data helps inform the Agency during traditional regulatory investigations and can provide data for purposes of administrative or judicial orders under Clean Air Act section 303, Emergency powers.
AED's mobile laboratory includes an open-path ultra violet differential optical absorption spectrometer (UV DOAS), a real-time particulate matter monitor and sample collection system, and other measurement analyzers as required. Wind direction and wind speed data is also collected for purposes of data evaluation. The instrumentation provides highly time-resolved pollution data over relatively large areas, allowing for a variety of analyses for determining the source of emissions and their importance in terms of public health.
For example, UV DOAS has been used to measure benzene, a known human carcinogen, and other aromatic hydrocarbons in residential areas downwind of refineries, petrochemical plants, and other facilities suspected of violating benzene control requirements. Sulfur dioxide has also been measured downwind of combustion sources, including a coal-fired power plant in Ohio where residents and public health agencies were concerned about exposure to the plants' emissions. In a joint effort with the State of Missouri, Department of Natural Resources and public health agencies, the mobile laboratory was used to measure ammonia and particulate matter in the vicinity of a large-scale swine confined animal feeding operation (e.g., PSF/Continental Grain). In that case, the data helped to inform the need for ammonia controls and the potential impacts to public health.
Ambient measurements of source-related air pollutants has been a useful tool for identifying problem areas and determining the need for injunctive relief. AED plans to continue this program and to support EPA Regional offices and states in these special investigations.
In-Use On-Board Emission Measurement (ROVER)
ROVER is EPA's Real-time On-road Vehicle Emissions Reporter which was developed by EPA's Certification and Compliance Division (CCD) and has been used to monitor motor vehicle emission compliance over the past several years. ROVER is a device designed to be used on moving vehicles during actual in-use driving and can be installed without vehicle alteration.
This device consists of four main components: a sampling and flow meter which is attached to the vehicle's tailpipe, an emission analyzer unit, a scan tool (decoder for the engine's computer outputs), and a notebook computer. The system continuously measures, displays, and records the quantity of gaseous emissions (HC, CO, CO2, NOx, and O2) in grams/mile and smoke while a vehicle is being driven as well as fuel economy, engine operating parameters, engine air/fuel ratio, road grade, and physical location, all at a user-selectable update rate. This device is easily portable so that all types of vehicles can be tested, ranging from cars, to boats, to large diesel truck engines.
At present, EPA is using ROVER to focus on testing large Heavy-Duty trucks. ROVER data is used in investigations, modeling, regulatory development, and enforcement. ROVER played a key role in investigation of the Diesel Engine defeat devices, resulting in the Diesel Engine Consent Decrees.
EPA enforces the motor vehicle fuels provisions of Title II of the Clean Air Act and regulations promulgated thereunder at 40 CFR Parts 79 and 80. These provisions include certain requirements and prohibitions regarding the quality of motor vehicle fuels and are designed to reduce harmful emissions from all motor vehicles including passenger cars, light trucks and heavy duty trucks. These provisions apply to both gasoline and diesel fuel; and they apply to all parties in the distribution system, including refiners, importers, distributors, carriers, oxygenate blenders, retailers and wholesale-purchaser-consumers (fleet operators with their own dispensing pumps). EPA enforces these provisions through environmental audits and inspections (including sampling and testing of fuels), and through various recordkeeping and reporting requirements. EPA may seek civil penalties or injunctive relief (remediation of the violations and projects to offset illegal emissions) for violations of the Act or regulations, and may bring actions in federal district court or through administrative actions. Our enforcement activities include cases against all parties in the fuel distribution system described above. EPA also monitors and enforces new requirements for Ultra Low Sulfur Diesel Fuel.
Defeat Device Investigations
EPA enforces the requirements governing motor vehicles under Title II of the Clean Air Act (Act), and regulations promulgated at 40 CFR Parts 85, 86 and 89. The requirements are designed to limit tailpipe and evaporative emissions from motor vehicles, heavy duty motor vehicle engines, and off-road engines (vehicles). EPA has recently begun investigating sellers and manufacturers of certain “aftermarket” electronic automobile parts, such as Casper's Electronics, Inc., for compliance with these requirements. Some of these devices, known as “oxygen simulators” or “O2 Sims,” are small devices which are designed to be installed as part of a car’s emission control system. O2 Sims work by sending a false computer signal to a car’s onboard diagnostic system to prevent the “malfunction indicator light” (or “check engine” light) from illuminating when the car’s catalytic converter malfunctions, is damaged or is missing. A missing or damaged catalytic converter will result in much higher levels of pollutants in car exhaust. Because O2 Sims “defeat” the operation of a car’s emission control equipment, they are illegal “defeat devices” under the Clean Air Act.
In addition, manufacturers are required to test vehicles and engines under a prescribed Federal Test Procedure testing (FTP) to demonstrate that vehicles' emissions do not exceed a set standard. Manufacturers must also ensure that vehicle emission control systems operate in-use as they do on the test. If, without properly informing EPA, an emission control system operates differently when in-use, the emission control system is considered "defeated" and a "defeat device" is present. Such defeat devices can cause vehicles to exceed the emissions standard by 300% or more. In recent years EPA has pursued defeat device cases against manufacturers including General Motors, Ford , Cummins, Caterpillar, Detroit Diesel, Mack Trucks, Navistar (International) and Volvo Trucks. EPA may seek judicial penalties for each vehicle sold containing a defeat device. EPA may also seek recall of such vehicles. EPA most often discovers such cases by review of manufacturer's required application to certify compliance of its vehicles, FTP, actual or simulated in-use testing of vehicles, or tips.
On-Board Diagnosis Investigations
EPA enforces the requirements governing motor vehicles under Title II of the Clean Air Act (Act), and regulations promulgated at 40 CFR 86.094-17 and -21. Since Model Year 1996 passenger vehicle manufacturers have been required to install On-Board Diagnostic (OBD) systems to alert drivers and technicians of malfunctions which can cause substantial excess emissions. The OBD system lights a dashboard light in the vehicle to advise the driver of the need for service. The OBD system also stores a code to provide service technicians information about the flaw which was detected.
Manufacturers are required by statute and regulation to secure from EPA a Certificate of Conformity with applicable emission standards for each motor vehicle sold. As part of its application for a Certificate of Conformity manufacturers must describe each vehicle's emission control system, including the OBD systems. This allows EPA to assess the adequacy of the emission control system. In the case of the OBD system, the adequacy is tied closely with the accuracy and the frequency of operation of the diagnostic checks. In recent years EPA has reached OBD settlements with manufacturers including Honda, Jaguar and Toyota.
Imports Enforcement
EPA, in cooperation with U.S. Customs and Border Protection, enforces the vehicle and engine certification provisions of Title II of the Clean Air Act (“CAA”) and regulations at 40 C. F. R. Parts 85, 86, 89 through 94, and 1039 through 1068. The CAA requires new engines and equipment sold or distributed in the United States to be certified to meet EPA-established emissions requirements to protect public health and the environment from air pollution. The certification and prohibition requirements apply equally to importers and manufacturers. There has been a recent and dramatic increase in imports of engines and equipment which do not meet these standards. These imports mostly involve tractors, lawn and garden equipment, motorcycles (both highway and off-road), ATVs, and electrical generators.
Both the original engine or vehicle manufacturer (the company that assembles the engines or vehicles) and the importer are responsible for compliance with the regulations. Importers are responsible for ensuring that the engine or vehicle manufacturer will honor the emissions warranty and comply with all other EPA-required responsibilities. The warranty repair process must be described in the owner’s manual. EPA will hold both the importer and the manufacturer equally liable if these requirements are not met. Importers of engines or vehicles must complete an EPA Declaration Form3520. This form must be submitted to Customs along with other Customs entry documents, and to EPA upon request. Our enforcement activities include cases to US EPA Clean Air Act Mobile Source Importation Settlement Information against importers for violations of the requirements described above.