Consent orders

Are any of the materials subject to a Toxic Substances Control Act (TSCA) Section 5 Consent Order or Significant New Use Regulation (SNUR) ... 

Obtain and review copies or summaries of permits, licenses, consent orders and other relevant documentation. Are there current operations that do not have appropriate permits If yes, explain. 

Has the facility been a party to any agreement, consent order, administrative order or other legal proceeding with a regulatory agency regarding any environmental issue at the facility If yes, explain. 

EPA. 1994. Testing Consent Order for Aryl Phosphate Base Stocks. September 27, 1994. 

See Abbott Laboratories, No. C-3945 (May 22, 2000) (consent order), available at (this consent order related to 2 drug products Hytrin tablets and Hytrin capsules). Hoechst Marion Roussel, Inc., No. 9293 (May 8, 2001) (consent order), available at . 

See FTC, In the Matter of Biovail Coip. and Elan Corp., File No. Oil 0132, Agreement Containing Consent Order, available at... 

The FTC accepted for public comment a proposed consent order on April 23, 2002, available at... 

EPA. 1997. Testing Consent order for 1,6,-Hexamethylene Diisocyanate (HDl). U. S. Environmental Protection Agency. Notice of Consent Agreement. 62 FR 51107. 

Negotiate a consent order or proceed through an FTC adjudication resulting in a cease and desist order, which can be quite broad in its scope... 

TSCA testing consent order Testing FR publication date Chemical fate 01/09/89 EPA 2001 40CCFR799.5000... 

EPA. 2001k. Toxic substances control act. Testing consent order. U.S. Environmental Protection Agency. Code of Federal Regulations. 40 CFR 799.5000. http //ecffback.access.gpo.gov/otcgi/cfr. Decerrber 10, 2001. 

In 1974, the U.S. Federal Trade Commission issued a consent order that resulted in the withdrawal of ASTM D 1692. The order was motivated by the fact that some ASTM flammability test standards used terms such as nonburning and self-extinguishing to label materials that perform well in the test. The Commission determined that these terms give the public a false sense of confidence in the actual fire performance of these materials. ASTM subsequently drafted a policy to... 

Environmental Protection Agency, 40 CFR Part 799, Testing Consent Orders on Aniline and Seven Substituted Anilines, Federal Register, 53, Friday, August 19 (1988). 

EPA. 1989b. Environmental Protection Agency Testing consent order for 1,1,1-trichloroethane and response to the Interagency Testing Committee. Fed Regist 54 34991-34995. 

TSCA, 40CFR799.18 chemicals subject of test rules or consent orders for which the testing reimbursement has passed T799-18... 

TSCA, 40CFR799.5000 testing consent orders for substances and mixtures with ehemieal abstract service registry numbers T799-5000... 

TSCA, 40CFR799-5025 testing consent orders for mixtures without chemical abstracts service registry numbers T799-5025... 

TSCA—testing consent order for 01/09/89 environmental effects... 

The statute states that 12 applies if the substance presents an unreasonable risk. Export notification requirements are triggered by a finding of unreasonable risk under 6. and also by a test rule under 4 or a consent order under 5. Neither a test rule under 4 nor a consent order under 5 constitutes a finding of unreasonable risk. Therefore, would be statutory defenses to an EPA enforcement based on failure to submit export notifications for substances for export only if the requirement for submitting an export notification were triggered by a test rule under 4 or a consent order under 5. 

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