Reporting Rule, Enforcement Response

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... 

Enforcement Response Pohcy for Reporting and Recordkeeping Rules and Requirements for TSCA Sections 8,12 and 13 Reporting Rule ERP... 

The Enforcement Response Pohcy for Reporting and Recordkeeping Rules and Requirements for TSCA Sections 8, 12 and 13, Toxic and Pesticides Enforcement Division, Office of Regulatory Enforcement, Office of Enforcement and Comphance Assurance, U.S. E.P.A., Revised March 31,1999, Effective June 1,1999 Reporting Rule ERP TSCA Questions and Answers, October 1992 From the October, 1990 EPA-Industry Living with TSCA Workshop Living with TSCA Q A 1990... 

The SEMS rule administered by BSEE differs from all other rules enacted under OCSLA because it directly addresses the safety management responsibilities of operators in a performance-based rule that requires operator conduct of twelve broadly defined safety management functions. It is featured and extensively discussed in all major post-Macondo reports that address the need for improving the accident prevention regime. SEMS adopts and makes mandatory the voluntary management practices of API s Recommended Practice 75, as discussed earlier. As a result, the rule also incorporates by reference and makes mandatory and enforceable the... 

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... 

Employee perceptions can provide other useful information. An employee s opinion of how easy it is to report a hazard and get a response will tell you a lot about how well the hazard reporting system is working. If employees indicate that the system for enforcing safety rules and safe work practices is inconsistent or confusing, you will know that the system needs improvement [2]. We will discuss safety perception surveys later in this chapter. 

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