Section 120 Consultation Policy
APR 13 1984
SUBJECT: Section 120 Consultation Policy
FROM: Michael S. Alushin
Associate Enforcement Counsel for Air
TO: All Air Enforcement Division Attorneys
We are hopeful that EPA's efforts to increase Regional use of the
Section 120 administrative remedy will result in a reasonable number of
new Section 120 actions.
In light of that possibility, please note the following policies with
respect to Section 120 consultations between the Regions and OECM, and
between OECM attorneys.
1. All Regions except Region II are required to consult with OECM
before issuing a Notice of Noncompliance ( "NON" ) ( Del. No. 7-45 ).
2. All Regions must consult with OECM prior to offering a settlement
proposal ( Del. No. 7-41-A ).
3. With respect both to NONs and settlements, the pertinent OECM
Regional liaison attorney will serve as the lead OECM attorney for each
consultation, but must consult with Larry Groner before responding to the
4. With respect to settlements only, the pertinent OECM Regional
liaison attorney and/or Larry Groner must obtain final clearance for the
recommended OECM position from me as the last step prior to responding to
the Region. In the case of issuances of NONs, only those which appear
questionable need be cleared by me.
Please continue to provide Larry Groner synopses of new Section 120
actions, and updates of current actions, on the forms provided for that
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