Going to jail Utility executives and the New Clean Air Act

A little-noticed provision of the Clean Air Act Amendments of 1990 requires all affected sources and units to appoint a natural person to serve as their designated representative, or DR, before they get a permit to operate. (Under the law, sources are entire power plants, while units are individual generators or boilers producing steam for electricity). DRs have a demanding job. Not only must they certify the truth of every statement in the permit application, but once the permit is issued, they must also ensure ongoing compliance. If violations occur, DRs even have an obligation to turn the unit or source in to the regulators. Failures to file or false statements in filings can trigger civil and, in the most egregious cases, criminal penalties, including fines and jail terms.