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B-247155 1 (1992-07-07)

handle is hein.gao/gaobadoos0001 and id is 1 raw text is: compavoler Gteen o( te United States vrWn fa. D.C. 20545 B-247155 00 NOT MAKE AVAILABLE TO MPILIC READNG FOR 30 AYS Ju y 77199 The .onorable Johr D. ingell zhairman4 St Dm........zee on Cverszgh: and lnvestigations Committee on Energy and Commerce House of Representatives Dear Mr. Chairman: Your letter of December 13, 1991, requested that we-examine whether the Environmental Protection Agencv (EPA) has legal aurhoriy to settle mobile soarce air pollution enforcement actions broughr pursuant to section 205 of the Clean Air Act U the Ac:, as amended! 42 U.S.C.A. § 7524 (West Supp. 1991) by enter7ng ,nto certain settlement agreements. These setlement agreements allow alleged violators to fund public awareness and other projects relating to automobile air polluion in exchange for reductions of the civil penalties assessed against tnem. As explained below, we conclude that EPA does not have authority to settle these enforcement actions in such a manner. Sackoround Pror to its amendment in 1990, section 211 of the Clean Air Act provided for the payment of specified civil penalties by persons who violated certain provisions of the regulating fuels. 42 U.S.C. § 7545(d) (1988)vr Former secruton 212. further provided for the recovery of thesecivil penalties thrauch judicial proceedings brought in the appropriate Unzted States district court. Id. Under former section 2ll, the EPA Administrator was also authorized to remit or m~tigate these penalties. . . Accordrg to Aocunenrs suppiied to us by EPA, the EPA developed a pclicy oursuant to the former section 211 whereby r dould issue Notices of Violations to alleged v:olators et the fuels provisions and attempt to enter into en~een~s with :.ese al~egea violators in lieu of ig 'lclax proceedings. Such settlements could ncluce :et:t:¢ns .n the penalties specified in the 3statute. Fa;:rs taten into account by the EPA in .ze~er:ro Aether to reuce penalties included action aken. y re 3lezei tiolator to remedy the violation.

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