EPA Enforcement

The enforcement response poKcy appKcable to 12 and 13 is entitled The Enforcement Response PoKcy for Reporting and Recordkeeping Rules and Requirements for TSCA Sections 8,12 and 13 (the Reporting Rule ERP). Under this poKcy, the EPA may seek civil penalties, refer a violation for criminal penalties under TSCA 16, seek to enjoin a violation, issue a Notice of Noncompliance if the violation was minor, or a combination of these. 

Toxic and Pesticides Enforcement Division, Office of Regulatory Enforcement, Office of Enforcement and Compliance Assurance (revised Mar. 31, 1999) [hereinafter Reporting Rule ERP], available through http //cfpub.epa.gov/comphance/resources/ policies/civil/tsca/. 

For a complete discussion on how ERPs operate, see Chapter 14, Penalties and Enforcement. 

The penalty for a variable 13 violation is capped at the amount of a Circumstance Level 3, Significant Extent violation, per countd It is important to note that 12 and 13 penalties are in addition to penalties for the underlying violation. For example, if a substance was imported with a positive certification, but should have been on the TSCA Inventory and was not, the EPA may impose both penalties for the incorrect certification and for the violation of the Inventory requirements. 

At the time the matrix was drafted, for violations after January 30,1997 the one day 12(b) penalty was S6600, the one day 13 penalty was 1430, and the variable 13 penalty was capped at 11,000 per count. Pursuant to the Debt Collection Improvement Act of 1996, EPA is required to increase penalties at least every four years to ensure that inflation does not erode the deterrent effect of the penalties. The penalty for a particular violation depends on the date of the violation, so the Code of Federal Regulations should be consulted to determine the appropriate penalty.  

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Petroleum, natural gas, and synthetic fuels are excluded from the definition of a hazardous substance, and the definitions of pollutants and contaminants under CERCLA this is known as the Petroleum Exclusion. Although the EPA has the authority to regulate the release or threatened release of a hazardous substance, pollutant, or contaminant, the release of petroleum, natural gas, and synthetic fuels from active or abandoned pits or other land disposal units is currently exempt from CERCLA. Such sites cannot use Superfund dollars for cleanup, nor can the EPA enforce an oil and gas operator, landowner, or other individual to clean up a release under CERCLA. Substances exempt include such materials as brine, crude oil, and refined products (i.e., gasoline and diesel fuel) and fractions. 

EPA Enforcement - A Progress Report for 1976 Air, Noise, Water, Pesticides Environmental Protection Agency, Washington,... 

In the United States, the Environmental Protection Agency (EPA) enforces federal clean water and safe drinking water laws, provides support for municipal... 

The FWS has the authority to prosecute persons, including pesticide users, who harm endangered or threatened species. In addition, EPA enforcement personnel have the authority to ensure that pesticide users observe labeling restrictions. 

This chapter will focns on statntes and mandates of the U.S. Enviromnental Protection Agency (EPA) enforceable by varions federal regnlations, as weU as discuss the state of engineering and management tools available for managing corporate compliance, and provide numerous online resonrces snitable for in-depth investigation of each topic. 

U.S. MRLs, referred to as tolerances , are established by the U.S. Environmental Protection Agency (EPA) under auspices of the federal food, Dmg, and Cosmetic Act (FFDCA). Tolerances are established on raw agricultural commodities (RAC) and also on processed commodities (i.e., food additive tolerance) if the residue level in the process fraction will be greater than that for the RAC. Tolerances for more than 300 active ingredients have been established by EPA. Enforcement of... 

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. 

See comments submitted in EPA Docket OPPT-2002-0051, availabk at http //www.regula-tions.gov. For more detail on perfluorinated polymers, see EPAs enforcement action concerning PFOA in Chapter 7, Reporting and Recordkeeping. 

EPA, Enforcement Response Poficy for TSCA 4 Test Rules. (May 28, 1986), available at http //www.epa.gov/compliance/resources/policies/civil/tsca/tscasec4ruleserp-052886.pdf. 

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... 

Enforcement data compiled from the EPAs CompUance Information System database available through the EPA Enforcement CompUance History Online (ECHO) at http //www. epa-echo.gov/echo/compliance reportjcis.html. 

Table 14.1 EPA Enforcement Statistics Complaints and Proposed Orders Issued Totals and Selected Programs... 

The EPA has enforcement policies applicable to the different types of violations possible under TSCA. Each of these enforcement policies contains provisions on miti ting penalties. The seller should consult the relevant enforcement policy in the event that it does not qualify for relief under the Audit PoUcy. See Chapter 14, Penalties and Enforcement for a discussion of the EPAs enforcement pohcies. 

The EPA enforces AHERA through civil penalties and referrals for criminal prosecution, and citizens can bring suit through the citizens petition provisions of TSCA. EPA has consistently brought civil enforcement proceedings against schools and owners of school buildings, and has recently turned its enforcement attention to charter schools that may be unfamiliar with AHERA s requirements. In an enforcement aimounced September 30, 2008, the EPA fined six Arizona charter schools that EPA said did not have any... 

EPA enforcement statistics from the Integrated Compliance Information System are available through http //www.epa-echo.gov/echo/compliance report icis.html... 

The EPA was created with several environmental responsibilities (see Figure 20-1). The EPA enforces environmental regulations through a combination of civil and criminal penalties, including compliance and prohibition orders, fines, and imprisonment. Compliance orders require that persons, states, or businesses follow the requirements of the regulations. Prohibition orders require that persons, states, or businesses stop actions that violate regulations. Compliance and prohibition orders are the most commonly used enforcement tools. Penalties that result in fines can be very expensive, depending on the severity of noncompliance. 

BDT also considers costs. NSPS can take the form of nmnerical emissions limits, design standards, equipment standards, or work practice standards. EPA enforces NSPS, but states can also impose their own NSPS. 

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