Enforcement Response Policies

The enforcement response poHcy appficable to 5 is entitled The Enforcement Response Policy for Reporting and Recordkeeping Rules and Requirements... 

Enforcement Response Policy ( 5 ERP). ° Like all the ERPs, the 5 ERP assigns a nature, circumstance, and extent to each violation to calculate a gravity based penalty which is then adjusted up or down based on the violator s attitude, violation history, and other similar factors. ... 

Amended TSCA 5 Enforcement Response Policy [hereinafter 5 ERP] as amended and restated (June 8,1989) and further amended in Memorandum from John J. Neylan, Director, Policy and Grants Division, Office of Compliance Monitoring, to Michael J. Walker, Enforcement Counsel, Toxics Litigation Division, (July 1, 1993), available through http // cfpub.epa.gov/compliance/resources/policies/civil/tsca/. 

Because the microorganism regulations were issued imder TSCA 5, the Enforcement Response Policy (ERP) for 5 applies to any violation of the microorganism rules governing MCANs and TERAs. Violations of the substantial risk reporting provisions of TSCA and the import and export regulations would be penalized under the ERP for 8, 12 and 13. Similarly, each type of violation would be penalized under the corresponding ERP applicable to traditional chemicals. 

EPA s pohcy in assessing penalties for violation of TSCA 8 reporting is set forth in EPA, Toxic and Pesticides Enforcement Division, Office of Regulatory Enforcement, Office of Enforcement and Compliance Assurance, Amended TSCA Enforcement Response Policy, 5 (revised Mar. 31, 1999) [hereinafter Reporting Rule ERP], available through http //cfpub.epa. gov/compliance/resources/policies/civil/tsca/... 

The enforcement response policy applicable to 8 is entitled The Enforcement Response Policy for Reporting and Recordkeeping Rules and Requirements for TSCA Sections 8,12, and 13 (the Reporting Rule ERP). As discussed in connection with imports and exports, which uses the same... 

EPA has issued an Enforcement Response Policy (ERP) for 4 violations that follows the basic format of aU its TSCA ERPs. Each type of violation is categorized by its nature, extent, and circumstances and then a monetary penalty is calculated and upwards and dovmwards adjustment factors are determined. All 4 violations are assigned a nature of hazard assessment violations. EPA assigns higher penalties to violations involving studies of longer duration simply because they will disrupt the EPA s schedule more significantly. 

For TSCA violations, gravity based penalties are the penalties that the EPA calculates applying a series of policies on penalties applicable to the various types of regulatory violations. These policies are the EPAs Enforcement Response Policies. For an in-depth discussion of the Enforcement Response Policies, see Chapter 14, Penalties and Enforcement... 

Quarantining also shows that the company has taken all steps reasonably necessary to mitigate the violation, which can help to reduce penalties, as discussed in connection with the EPA s Enforcement Response Policies and Audit Policies, infra. 

The statute itself requires the EPA to take various factors into account in establishing a penalty. These are the nature, circumstances, extent, and gravity of the violation or violations and, with respect to the violator, ability to pay, effect on ability to continue to do business, any history of prior such violations, the degree of culpability, and such other matters as justice may require. This list of factors is the subject of detailed discussion in the Enforcement Response Policies, infra. 

EPA, Office of Compliance Monitoring, Office of Pesticides and Toxic Substances. Enforcement Response Policy for Test Rules Under Section 4 of the Toxic Substances Control Act (May 28,1986). 

Interim Final Enforcement Response Policy for the Asbestos Hazard Emergency Response Act (Jan. 31,1989). 

Is the penalty calculated correctly in accordance with an Enforcement Response Policy ... 

See Chapter 14, Penalties and Enforcement for a discussion of the Audit Policy and the Enforcement Response Policies. 

The EPA took these mandates into account when it issued its enforcement response policy for AHERA (the AHERA ERP) in 1989, as amended. ... 

Memorandum from Jesse Baskerville, Director, Toxics and Pesticides Enforcement Division, Office of Regulatory Enforcement. EPA. Revision of the AHERA Enforcement Response Policy Civil Penalties for Failure to Conduct Reinspections (Aug. 4,1998) EPA, Toxics and Pesticides Enforcement Division. Office of Regulatory Enforcement, Enforcement Response... 

TSCA regulations require sellers and landlords to disclose the presence of lead-based paint and lead hazards in target housing. These regulations, usually referred to as the Disclosure Rule, were jointly issued by the EPA and HUD, pursuant to a mandate in Section 1018 of Title X of the Residential Lead-Based Paint Hazard Reduction Act of 1992. The only affirmative act the Disclosure Rule requires is disclosure TSCA does not require landlords and sellers to conduct any lead abatement projects. As the EPA said in the enforcement response policy for the Disclosure Rule, [t]he purpose of the Disclosure Rule is to ensure that individuals and families receive the information necessary to protect themselves and their families from lead-based paint and/or lead-based paint hazards. Because the Disclosure Rule does not require any reduction of lead in homes, it has been criticized as a weak response to a national crisis. On the other hand, the cost of removing lead... 

The EPA has not developed an enforcement response policy specifically for the Renovation, Repair, and Painting Rule or the Pre-Renovation Education Rule. In In the Matter of Millennium Quests, Inc., the Regional Judicial Hearing Officer relied on the enforcement response policy for PCBs in the absence of an enforcement response policy that was directly applicable to the Pre-Renovation Education Rule. 

Fed. Reg. 4295 (Jan. 27,2010) Premanufacture Notification Exemption for Polymers Amendment of Polymer Exemption Rule to Exclude Certain Perfluorinated Polymers 75 FR 4295 Polymer Exempt 1-27-10 Amended TSCA Section 5 Enforcement Response Policy (Jan. 8,1989) Sect 5 ERP Amend 1 -8-89, as further amended by memorandum from John J. Neylan, III, Director, Policy and Grants Division, Office of Compliance Monitoring, Amendment to the TSCA Section 5 Enforcement Response Policy—Penalty Limit For Untimely Submissions (July 1,1993) Sect 5 ERP Amend 7-1-93... 

TSCA Good Laboratory Practices Regulations Enforcement Response Policy (Apr. 9,1985) Sect 4 GLP ERP... 

Collection of AHERA Enforcement Response Policy AHERA ERP Updates ... 

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