04/21/83

Waiver of Consultation Requirements for Initiation of Administrative Enforcement Under the Clear Air Act and Adjustments to Section 120 Penalties

                          APRIL 21, 1983


SUBJECT:  Waiver of Consultation Requirements for Initiation
          of Administrative Enforcement Under Clean Air Act
          and Adjustments to Section 120 Penalties


FROM:     Michael S. Alushin
          Acting Associate Enforcement Counsel for Air


TO:       Regional Counsels
          Regions I-X


     I hereby waive the requirement that Regions consult with me
prior to taking administrative enforcement action under Section
113(a) of the Clean Air Act and conducting review and adjustment
of penalties paid in a Section 120 proceeding.
     On March 31, 1983, new delegations of authorities related to
the Clean Air Act became effective.  At the same time, a number
of authorities were redelegated by Courtney M. Price, Acting
Associate Administrator and General Counsel.
     Under the terms of Delegation 7-6, authority to make
findings of violation, to issue notices of violation, to issue
orders, and to confer with violators is delegated to the Regional
Administrators and the Assistant Administrator for Air, Noise
and Radiation.  This delegation is limited by a requirement that
RA's consult with the Associate Administrator for Legal and
Enforcement Counsel before exercising authorities other than
issuing notices of violation and making findings of fact.
Delegation 7-46 delegates authority to adjust the payment of
noncompliance penalties under Section 120 to the same persons
and subject to the same limitations.
     Courtney Price has designated the Regional Counsels and the
Associate Enforcement Counsel for Air to perform the consultation
role for OLEC, with the restriction that Regional Counsels consult
with the AEC for Air.  I am authorized to waive my consultation
role.


                               -2-


     The Regions have sufficient experiences in exercising
administrative enforcement authorities to render consultation
with OLEC in Headquarters unnecessary.  Moreover, the limited
duration of Section 113(a) administrative orders, discussed in
the attached guidance, makes it necessary that the Regions be
able to issue them on very short notice.  Adjustment of Section
120 penalties is a computation which is unlikely to present any
legal or policy issue for which consultation would be helpful.
Therefore I hereby waive my consultation role regarding these
functions.