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Environmental Crimes: Air Pollution

This Guide is prepared for use by students enrolled in Prof. Samuel Wiseman's class, Environmental Crimes (LAW 7930-08).

42 U.S.C. § 7401

§ 7401. Congressional findings and declaration of purpose

The Congress finds--

(a) Findings
  
(1) that the predominant part of the Nation's population is located in its rapidly expanding metropolitan and other urban areas, which generally cross the boundary lines of local jurisdictions and often extend into two or more States;
  (2) that the growth in the amount and complexity of air pollution brought about by urbanization, industrial development, and the increasing use of motor vehicles, has resulted in mounting dangers to the public health and welfare, including injury to agricultural crops and livestock, damage to and the deterioration of property, and hazards to air and ground transportation;
  (3) that air pollution prevention (that is, the reduction or elimination, through any measures, of the amount of pollutants produced or created at the source) and air pollution control at its source is the primary responsibility of States and local governments; and
  (4) that Federal financial assistance and leadership is essential for the development of cooperative Federal, State, regional, and local programs to prevent and control air pollution.

(b) Declaration
The purposes of this subchapter are--
  
(1) to protect and enhance the quality of the Nation's air resources so as to promote the public health and welfare and the productive capacity of its population;
 
 (2) to initiate and accelerate a national research and development program to achieve the prevention and control of air pollution;
  (3) to provide technical and financial assistance to State and local governments in connection with the development and execution of their air pollution prevention and control programs; and
  (4) to encourage and assist the development and operation of regional air pollution prevention and control programs.

(c) Pollution prevention
A primary goal of this chapter is to encourage or otherwise promote reasonable Federal, State, and local governmental actions, consistent with the provisions of this chapter, for pollution prevention.

Selected Definitions

Title 42.  The Public Health and Welfare

            Ch. 85.  Air Pollution Prevention and Control

                        Subch. I.  Programs and Activities

                                    Part A.  Air Quality and Emissions Limitations

§ 7411(a)

  (3) The term “stationary source” means any building, structure, facility, or installation which emits or may emit any air pollutant. Nothing in subchapter II of this chapter relating to nonroad engines shall be construed to apply to stationary internal combustion engines.
  (4) The term “modification” means any physical change in, or change in the method of operation of, a stationary source which increases the amount of any air pollutant emitted by such source or which results in the emission of any air pollutant not previously emitted.

§ 7413(c)

  (5)(E) The term “organization” means a legal entity, other than a government, established or organized for any purpose, and such term includes a corporation, company, association, firm, partnership, joint stock company, foundation, institution, trust, society, union, or any other association of persons.
  (6) For the purpose of this subsection, the term “person” includes, in addition to the entities referred to in section 7602(e) of this title, any responsible corporate officer.

(h) Operator
For purposes of the provisions of this section and section 7420 of this title, the term “operator”, as used in such provisions, shall include any person who is senior management personnel or a corporate officer. Except in the case of knowing and willful violations, such term shall not include any person who is a stationary engineer or technician responsible for the operation, maintenance, repair, or monitoring of equipment and facilities and who often has supervisory and training duties but who is not senior management personnel or a corporate officer. Except in the case of knowing and willful violations, for purposes of subsection (c)(4) of this section, the term “a person” shall not include an employee who is carrying out his normal activities and who is not a part of senior management personnel or a corporate officer. Except in the case of knowing and willful violations, for purposes of paragraphs (1), (2), (3), and (5) of subsection (c) of this section the term “a person” shall not include an employee who is carrying out his normal activities and who is acting under orders from the employer.

Title 42.  The Public Health and Welfare

            Ch. 85.  Air Pollution Prevention and Control

                        Subch. III.  General Provisions

§ 7602. Definitions

When used in this chapter--
  (b) The term “air pollution control agency” means any of the following:

  (1) A single State agency designated by the Governor of that State as the official State air pollution control agency for purposes of this chapter.
  (2) An agency established by two or more States and having substantial powers or duties pertaining to the prevention and control of air pollution.
  (3) A city, county, or other local government health authority, or, in the case of any city, county, or other local government in which there is an agency other than the health authority charged with responsibility for enforcing ordinances or laws relating to the prevention and control of air pollution, such other agency.
  (4) An agency of two or more municipalities located in the same State or in different States and having substantial powers or duties pertaining to the prevention and control of air pollution.
  (5) An agency of an Indian tribe.

  (e) The term “person” includes an individual, corporation, partnership, association, State, municipality, political subdivision of a State, and any agency, department, or instrumentality of the United States and any officer, agent, or employee thereof.

Code of Federal Regulations

  Title 40. Protection of Environment

    Ch. I. Environmental Protection Agency

      Subch. C. Air Programs

        Pt. 61.  National Emission Standards for Hazardous Air Pollutants

          Subpt. M. National Emission Standard for Asbestos

40 C.F.R. § 61.141

Owner or operator of a demolition or renovation activity means any person who owns, leases, operates, controls, or supervises the facility being demolished or renovated or any person who owns, leases, operates, controls, or supervises the demolition or renovation operation, or both.

Visible emissions means any emissions, which are visually detectable without the aid of instruments, coming from RACM or asbestos-containing waste material, or from any asbestos milling, manufacturing, or fabricating operation. This does not include condensed, uncombined water vapor.

False Statements to Environmental Protection Agency

Clean Air Act
42 U.S.C. § 7413. Federal Enforcement
 
(c) Criminal penalties
     (2) Any person who knowingly--
  (A) makes any false material statement, representation, or certification in, or omits material information from, or knowingly alters, conceals, or fails to file or maintain any notice, application, record, report, plan, or other document required pursuant to this chapter to be either filed or maintained (whether with respect to the requirements imposed by the Administrator or by a State);
  (B) fails to notify or report as required under this chapter; or
  (C) falsifies, tampers with, renders inaccurate, or fails to install any monitoring device or method required to be maintained or followed under this chapter
 
shall, upon conviction, be punished by a fine pursuant to Title 18 or by imprisonment for not more than 2 years, or both. If a conviction of any person under this paragraph is for a violation committed after a first conviction of such person under this paragraph, the maximum punishment shall be doubled with respect to both the fine and imprisonment.
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