Jurisdiction

It is axiomatic that the EPA must have jurisdiction over any entity that it seeks to bring an enforcement action against. For example, the EPA has said it cannot enforce the import certification requirements against a 

The EPA maintains a TSCA hotline, which is currently staffed by a third party vendor. It is not likely that equitable estoppel would apply to advice from the hotline. If the vendor s employees send copies of EPA documents, then those documents could give rise to an equitable estoppel. 

In one relatively narrow context, the EPA has said that the invahdity of an order may not be raised as a defense in an enforcement proceeding for violating the order. It remains to be seen whether EPA will take this position in other contexts. EPA said the vaHdity of the order itself can only be challenged by pre-enforcement judicial review.  

Any agreement that the EPA and an alleged violator enter into must be memorialized in a consent agreement. Typically, the EPA will prepare the first draft of the consent decree and then provide it to the respondent for review. 

The company, which is the respondent in a penalty proceeding, must agree to the following elements in a consent decree (i) that the tribunal has jurisdiction over it (ii) either that the respondent admits the facts recited in the complaint, or neither admits nor denies them (iii) that it consents to the 

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Customs specifications, that have jurisdiction over the characteristics related to fiscal matters. 

Eor the products under its jurisdiction, eg, meat and meat products, the United States Department of Agriculture (USD A) has requirements similar to those of the EDA. However, mustard and spices that impart color must always be listed separately onion and gadic powder may be listed simply as flavors. 

Local and state forensic laboratories generally do not engage ia excipient testing. Most provide quaUtative and quantitative analysis of the evidence to determine if an Ulegal substance is present and if so, the amount of the dmg present. The quantity of dmg seized by the authorities may be important ia jurisdictions which give enhanced sentences for larger amounts of the pure dmg, or ia some cases the total weight on the dmg and diluent ia possession of the defendant. 

Dmg and Cosmetics Act and the Fair Packaging and Labeling Act. Each of these Acts imposes slightly different conditions and labeling requirements for the products under their jurisdiction. 

The Fair Packaging and Labeling Act, which uses the same definitions for dmgs and cosmetics as the Food, Dmg and Cosmetic Act, only has jurisdiction over retail products sold to the consumer for use at home. This condition exempts free samples and professional use products not sold to a consumer for personal use. 

Conformance to the standard is achieved by submitting samples to an approved laboratory for evaluation and submitting the laboratory report to the American Automotive Manufacturers Association (AAMA). The approved certificate is sent to the manufacturers with copies to the state and provincial jurisdictions for which the AAMA serves as approvals agent (16). 

Fire-rated type laminate is an HPDL capable of providing fire-rated characteristics as determined by the test methods requited by the authority having jurisdiction. 

Independent of these centers, the FDA also has overlapping jurisdiction with several other federal agencies, including the U.S. Department of Agriculture the Bureau of Alcohol, Tobacco, and Firearms the Federal Trade Commission and the Environmental Protection Agency. 

Sutures are regulated by the EDA as medical devices iatended for human use. The Eederal Eood, Dmg, and Cosmetic Act of 1938 has been amended many times, ia particular by the Medical Device Amendments of 1976. Devices have been under the jurisdiction of the EDA siace 1938. Section 513 of the Act requires the EDA to classify medical devices (sutures) ia one of three categories as follows. 

The relationship of codes and standards to the regulatory framework should be cleady understood. By themselves, industry codes and standards have no authority. Flowever, an examination of both regulations and codes shows that the governmental jurisdictions that have authority over tanks usually... 

The standard legal sizes, as outlined by the ATF for domestic distribution, are 1.75 L (59.2 fluid ounces), 1 L (33.8 fluid ounces), 750 mL (25.4 fluid ounces), 375 mL (12.8 fluid ounces), 200 mL (6.8 fluid ounces), 100 mL (3.4 fluid ounces, which is approved by a limited number of states), and 50 mL (1.7 fluid ounces). Individual states continue to limit the number and size of containers that are distributed within their jurisdiction. In some cases these do not coincide with all sizes available and authorized by the ATF. 

A product used under the jurisdiction of the ASME Boiler and Pressure Vessel Code and the ANSI Code for Pressure Piping B31.1 is subject to any limitation of those codes. This includes any maximum-temperature limitation for a material or a code rule governing the use of a material at a low temperature. 

Code Administration The American Society of Mechanical Engineers has written the ASME Boiler and Pressure Vessel Code, which contains rirles for the design, fabrication, and inspection of boilers and pressure vessels. The ASME Code is an American National Standard. Most states in the United States and all Canadian provinces have passed legislation which makes the ASME Code or certain parts of it their legal requirement. Orrly a few jurisdictions have adopted the code for all vessels. The others apply it to certain types of vessels or to boilers. States employ inspectors (usually under a chief boiler inspector) to enforce code provisions. The authorities also depend a great deal on insurance company inspectors to see that boilers and pressure vessels are maintained in a safe condition. 

The mechanisms by which a jurisdiction develops its air pollution control strategies and episode control tactics are outlined in Fig. 5-1. Most of the boxes in the figure have already been discussed—sources, pollutant emitted, transport and diffusion, atmospheric chemistry, pollutant half-life, air quality, and air pollution effects. To complete an analysis of the elements of the air pollution system, it is necessary to explain the several boxes not vet discussed. 

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