Title VIII - Enforcement

The 1990 CAAA made Clean Air Act easier to enforce, and also made them more consistent with other environmental statutes, including the Clean Water Act and the Resource Conservation and Recovery Act (RCRA). An array of new penalties were added, ranging from wrist slaps to jail time. Theses were enacted so officials could do a better job of matching a penalty to the severity of a crime. 

Before 1990, criminal acts against the environment were misdemeanors, but the 1990 CAAA converted them into felonies. The CAAA also added sanctions for endangerment with air toxics. As an alternative to prosecuting every violation in court, EPA gained the authority to levy administrative fines up to US 200,000 and to issue field citations up to US 5,000. The fines can be ehallenged in court, but if the offender is found guilty, fines levied by the eourts are likely to be higher than the fines levied by EPA. 

In environmental lawsuits filed by citizens, courts gained the right to levy fines in addition to issuing injunctions. District courts were given jurisdiction over lawsuits filed against EPA for unreasonable delay, ete. 

After the government proves that a violation has oeeurred, the burden of proof is on the accused. This makes it easier for EPA to eonvict and punish ongoing and recurring violations. 

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