Facilities that fail to submit air permit compliance reports such as, monitoring reports, applicable annual compliance reports (emission inventories and greenhouse gas reports), and monthly operations reports as required by state and federal regulations, will receive a formal enforcement action by the governing environmental agency. The actions ultimately will result in a calculated penalty. The penalty is calculated by the enforcement coordinator according to the agency’s Penalty Policy.

Some of the factors used to determine the assessed penalty are: compliance history, culpability, a good-faith effort to comply, economic benefit, and other factors as justice may require. In addition, the coordinator also considers the following: whether the site of the violation is considered a major or minor source of potential pollutants; whether the violation harmed the environment or human health, or has the potential to cause harm; or whether the violation was programmatic (usually stemming from errors in paperwork).

Furthermore, the United States Environmental Protection Agency is requiring state agencies to provide quarterly reports of all noncomplying sources in ozone non-attainment areas continuing each quarter until there is full compliance. As a result of these reports, both the EPA and state agencies will utilize this information to issue notices of violation and penalties to companies.