Frequent Questions

RMP enforcement powers - states, LEPCs, and fire departments

Would states that have not applied for or received delegation of Clean Air Act 112r/RMP have any enforcement powers?  Do LEPCs or fire departments have any enforcement powers?  Would this be through the citizen suit provision or is there another statutory mechanism?

States that have not applied for or received delegation of the CAA Section 112r program may have enforcement authority through their own laws, but not directly through the federal CAA.  LEPCs and/or fire departments likewise may have state and local authorities providing them with enforcement power.  As members of LEPCs and fire departments are citizens, they could use the citizen suit provision of the federal CAA, when that is appropriate.

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