Consolidated Rules of Practice

The statute requires a hearing under the Administrative Procedure Act if the company or person that the EPA proposes to penalize asks for one. The EPA must give fifteen days notice of the right to request a hearing before it issues a final order. The EPA has promulgated Consolidated Rules of Practice for civil penalty assessments that is a procedure manual for all civil TSCA penalty assessments. The Consolidated Rules of Practice governs hearings and appeals to the EPA s Environmental Appeals Board. 

Each EPA Region, as well as EPA Headquarters, can assess a penalty for a TSCA violation. The EPA will typically exercise considerable discretion in reducing negotiated penalties. The Consolidated Rules of Practice governs civil penalty assessments, and requires that each Region have a Regional Judicial Officer who is a lawyer and conducts hearings and may have authority to approve settlements. ... 

The Consolidated Rules of Practice recites the elements that must be in a TSCA complaint. These include a reference to 16 s civil penalty authority, a reference to the statutory and regulatory provisions that were allegedly violated, the factual basis for the allegations, and the relief and monetary penalty sought. The complaint must provide notice of the respondent s right to a hearing, specify if the Administrative Procedure Act applies (which it does), and be accompanied by a copy of the Consolidated Rules of Practice. 

Fed. Reg. 40138 (July 23, 1999) Consolidated Rules of Practice Governing the Administrative Assessment of Civil Penalties, Issuance of Compliance or Corrective Action Orders, and the Revocation, Termination or Suspension of Permits 64 FR 40138 Rules of Practice 7-23-99... 

---

See also in sourсe #XX -- [ , , , ]

---