What antipollution measures for air are available, which are being breached regularly?

Question

Though by law, certain controls are likely to be excercised, there are occassions in which these are not followed and law also keeps quiet.

Answer 1

The air pollution laws usually allow operators to escape penalties during unexpected breakdowns (upset) conditions, start-ups or shut-downs of processes or units, as long as those conditions are reported when they occur. This is allowed since process temperatures and pressures can fluctuate wildly during those conditions and many pollution controls only work effectively in certain temperature or pressure ranges.

Some operators take advantage of this exception and exceed their allowed emission limits frequently, alleging "upset" conditions when actually that is more properly termed normal operating conditions. Sometimes the regulators crack down on these violators if they report far more "upsets" than similar facilities, and the "upsets" can be shown to be the result of poor maintenance or improper operating methods.

Source: 15 years in air pollution enforcement for the state of Texas and US EPA.

Answer 2

The fine for violation of an air permit, or discharging without an air permit can range up to $32,500 per day, per occurance (in the USA). There is not a whole lot of illegal discharges going on because of the fines and the threat of imprisonment of corporate Presidents, VP, Managers, and operators today.

It is not good business to blow the corporate profits up the stack when you are looking at criminal and civil charges.

for more information, go to: http://www.epa.gov and look up the air pollution links. It will take you a few days to read through them all.

And if you know of occasions where the "law" is keeping quiet, you only have to report them to your state department of environmental management or the federal EPA. They will not be allowed to violate the laws very long. The beauty of the EPA program is that you do not have to leave your name when you report a violation. They will investigate it.

The only advantage to giving them your contact information is so that if they look in the wrong area (for instance, you tell them the company is burying drums in the back 40 acres, and they do not find them, they may contact you to make sure they are looking in the right spot).