EPAs 2003 Policy Statement

Checklist to Determine Whether Non-Emergency Incidents of Environmental itvimincition are Reportable Under Section V(b)( ) of EPA s 2003 Policy Statement 

Ciiemical was PREVIOUSLY UNSUSPECTED of being in iJie enviioiimcntal media.  

Information exists that reabonubly supports a known serious non-irivial health efrccl or serious environnienial effcci for llie chemical.  

Concentrations of the chemical are equai to or greater than benchmark levels such as reference dose, MCL, drinking water standard, permit level, or lower intemol company guideline (can assume no substantial risk below these levels). 

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Bubble Policy The bubble concept introduced under PSD provisions of the Clean Air Act Amendments of 1977 was formally proposed as EPA policy on Jan. 18, 1979, the final policy statement being issued on Dec. 11, 1979. The bubble pohcy allows a company to find the most efficient way to control a plant s emissions as a whole rather than by meeting individual point-source requirements. If it is found less expensive to tighten control of a pollutant at one point and relax controls at another, this woiild be possible as long as the total pollution from the plant woiild not exceed the sum of the current hmits on individual point sources of pollution in the plant. Properly apphed, this approach would promote greater economic efficiency and increased technological innovation. 

For practitioners of in situ technologies, note that U.S. EPA has issued a policy statement that reinjection of contaminated groundwater is allowed under Resource Conservation and Recovery Act (RCRA)35 36 as long as certain conditions are met. This policy is intended to apply to remedies involving in situ bioremediation and other forms of in situ treatment. Under this policy, groundwater may be reinjected if it is treated aboveground prior to reinjection. Treatment may be by a pump-and-treat system or by the addition of amendments meant to facilitate subsurface treatment. Also, the treatment must be intended to substantially reduce hazardous constituents in the groundwater (either before or after reinjection) the cleanup must be protective of human health and the environment and the injection must be part of a response action intended to clean up the environment.37... 

These policy statements are founded on the existing language and authorities in Clean Water Act Sections 303(c)(2)(A) and (B). EPA defined biological criteria as numerical values or narrative expressions used to describe the expected structure and function of the aquatic community. ... 

The bubble concept was formally proposed as EPA policy on January 18, 1979, with the final policy statement being issued on December 11, 1979. The bubble... 

The policy also contained guidance on the kinds of data and information that should be provided to enable the Agency to evaluate the submitted request to conduct a small scale field test. This policy statement was reiterated in a proposed interagency policy statement issued December 31, 1984 (7) and was subsequently revised and set forth on June 26, 1986 as part of a final interagency policy statement (8). Under the June 26, 1986 policy statement, EPA reviews all genetically engineered microbial pesticides before they may be legally applied in the environment. 

Here again industry perceives EPA s broad policy statements overlapping with USDA. Although not commented on, industry should also feel concern about FDA s jurisdiction. FDA has already defined bovine interferon as an animal drug and not a biological. If interferon, therefore all lymphokines, are animal drugs, can vaccines be far behind ... 

Entering TSCA reform into any search engine brings numerous policy statements from environmental and industry advocates, as well as the EPA. Debate over TSCA reform has proceeded for many years, with no action as of yet on the horizon. 

EPA, Comment And Response Document For Revised Policy Statement Of Section 8(e) of TSCA, OPPT-2002-0067-0002 (Feb. 20, 2003) (the 8(e) Comment Document), giving public comments on the development of the 2003 Reporting Guide and the EPA s responses to those comments and... 

A model policy and procedure designed to meet the minimum requirements for qualifying for the EPA policy is located in Chapter 20, Practice Tools. The EPA does not have the authority to absolve individuals of criminal Hability or HabiHty for violation of the clear language of the statute, but the guidances provide a valuable statement of the EPAs intent to exercise discretion in civil enforcements and referrals to the Department of Justice for criminal prosecution. 

In direct response to the remand, in 1991 EPA proposed and in 1993 it issued its TSCA Section 4(a)(1)(B) Statement of Policy. This policy statement identified the triggers EPA will use to determine (i) substantial production (ii) substantial release and (iii) substantial and significant human exposure. The policy sets a threshold of one million pounds per year for findings of substantial production. According to EPA, this narrows the universe of chemicals potentially subject to TSCA 4 testing under a B finding to eleven percent of the TSCA Inventory. ... 

This new interpretation is merely a policy statement. Because it was not promulgated as a regulation the EPA and courts are free to disagree with the conclusions in this policy interpretation. 

Can I export my microbiocide, registered or not, to other countries FIFRA allows that unregistered pesticides may be manufactured in the USA for export only. The EPA defines these requirements in a policy statement published in 1993 [22]. These requirements include ... 

Notices Environmental Protection Agency (EPA), environmental auditing policy statement. Federal Register, July 9, 1986. 

National Environmental Policy Act, which requires in part that the EPA reviews environmental impact statements for proposed major federal projects (such as highways, buildings, airports, parks and military complexes). 

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