ENV-04-203 Title V Compliance Certification - Minimizing Enforcement Risk

Description:

The traditional enforcement model that followed an inspection by EPA or a State inspector, left room for defenses and arguments of interpretation and applicability. With companies annually disclosing noncompliance to the agencies, encouraged by the risk of making a materially false statement, enforcement by the agencies has gotten much easier and companies’ defenses are fewer. Nothing would prevent EPA or a State agency from collecting two or three years of annual compliance certifications and filing them with a complaint and motion for summary judgment to a court. For all of these reasons, minimizing enforcement risk is a critical step for any entity certifying compliance.