Reporting Rule, Enforcement Response Policies

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

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... 

Management s responsibility is to establish inspection and reporting procedures for drivers. It must ensure compliance with state, federal, and industry rules. Its job is to select drivers and provide them with adequate training for inspecting critical components and to determine whether their vehicle will be safe while on the road. Management must enforce both driver inspection and maintenance policies. It must see to it that maintenance personnel are responsive to driver-reported deficiencies, and it must establish company standards for placing vehicles out of service. It must... 

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