What every designated representative should know about Title IV and Title V enforcement provisions

Title IV of the Clean Air Act not only created a regulatory program unlike any other under the Clean Air Act, but also established a unique position--the designated representative--as an integral part of the program. The designated representative is required to meet certain basic obligations under Title IV, and a panoply of enforcement mechanisms are available to EPA in the event of noncompliance with these obligations. Also, because a designated representative may take on responsibilities under the permit provisions of Title V of the Clean Air Act, the designated representative can also be subject to an enforcement action for failure to comply with certain Title V permit requirements. This paper considers the basic definition of the designated representative under EPA`s Title IV and Title V regulations, identifies the responsibilities assigned to the designated representative, and then analyzes the enforcement mechanisms that may be applied to the designated representative if a regulatory responsibility has not been satisfied.