United States Environmental Protection Agency Office of Enforcement and Compliance Assurance (2201A) EPA 300-N-99-007 &EPA Enforcement Alert Volume 2, Number 7 Office of Regulatory Enforcement August 1999 EPA Promotes Corporate-Wide Audits Through Voluntary Agreements The U.S. Environmental Protec- ion Agency (EPA) and Arizona Chemical Company (Arizona Chemical), a major pulp chemical company, have recently entered into an agreement that calls for a comprehensive environmen- tal audit of the company's compliance with the Toxic Substances Control Act (TSCA). About Enforcement Alert "Enforcement Alert" is published periodically by the Office of Regulatory Enforcement to inform and educate the public and regulated community of important environmental enforcement issues, recent trends and significant enforcement actions. This information should helpthe regulated community anticipate and prevent violations of federal environmental law that could otherwise lead to enforcement action. See Page 2 for useful EPA Websites. Eric V. Schaeffer Director, Office of Regulatory Enforcement Editor: Virginia Bueno (202) 564-8684 bueno.virginia@epamail.epa.gov Please email all address and name changes, or subscription requests for this newsletter. In addition to Arizona Chemical, another major company is slated shortly to enter into a similar agreement with EPA. Other companies also are encour- aged to negotiate agreements with EPA to conduct corporate-wide audits, and disclose and correct violations. These agreements assure that chemicals are properly tested for any health and envi- ronmental impacts; that significant ad- verse affects are brought to the Agency's attention; that new chemicals are submitted for review before their manufacture; and that EPA is properly notified of any chemicals that are shipped abroad. Arizona Chemical Audit Agreement Under the terms of a one-year com- pliance audit agreement with EPA signed in December 1998, Arizona Chemical of Panama City, Fla., agreed to begin reviewing its TSCA compliance at six facilities in May of this year and to promptly disclose and correct any dis- covered violations of TSCA Sections 4, 5, 8, 12(b) and 13. The agreement covers Arizona Chemical's six facilities in Oakdale and Springhill, La.; Panama City, Pensacola and Port St. Joe, Fla.; and Picayune, Miss. The agreement is subject to certain limits. For example, it does not cover violations that have resulted in actual harm or have presented an imminent and substantial endangerment to human health or the environment. Arizona Chemical, which employs more than 1,400 people worldwide and Under its agreement with EPA, Arizona Chemical Co. will inspect for, promptly disclose and correct violations found at its six facilities is a wholly owned subsidiary of Inter- national Paper, is a leading global sup- plier of pulp chemicals to the adhesives, ink and chewing gum markets. What TSCA Requires In 1976, Congress enacted TSCA to prevent unreasonable risks of injury to health or the environment associated with the manufacture, processing, dis- tribution in commerce, use, or disposal of chemical substances and mixtures. EPA seeks to accomplish these goals through the enforcement of regulations that implement the statute. These regu- lations include: Testing of Existing Chemicals (TSCA Section 4): Requires manufac- turers and/or processors to test chemi- cals or mixtures identified by the Agency to assess their potential risks to human health or the environment. New Chemical Review (TSCA Section 5): Requires submission of a premanufacture notice (PMN) at least 90 days before the commencement of manufacture or import of a new chemi- cal substance, or before the manufac- ture or processing of an existing chemi- cal substance for a "significant new use." Reporting and Recordkeeping Continued on page 2 'is publication is found on the Internet at http://www.epa.gov/oeca/ore/enfalert ------- xvEPA United States Environmental Protection Agency Office of Regulatory Enforcement (2201 A) Washington, D.C. 20460 Official Business Penalty for Private Use $300 Bulk Rate Postage and Fees Paid EPA Permit No. G-35 Continued from page 1 Requirements (TSCA Section 8): Requires reporting and recordkeeping of information regarding chemical use and exposure; allegations of significant adverse reactions; unpublished health and safety studies on specified chemi- cals; and information that a chemical substance presents a substantial risk of injury to health or the environment. Import and Export Require- ments ( TSCA Section 12 (b)): Re- quires notification of export of certain chemical substances regulated under TSCA. TSCA Section 13 prohibits the import of chemical substances in vio- lation of TSCA. About Compliance Audit Agreements Compliance audit agreements con- serve EPA resources while ensuring that the public and environment are pro- tected. In addition, EPA obtains impor- tant monitoring feedback from a company's periodic status reports; con- sultation with company representatives regarding certain violations; and assur- ances of the company's remedial ac- tion and prevention of future violations. Compliance audit agreements also allow companies to audit themselves and receive reduced civil penalties, which can be completely eliminated for some violations that are properly corrected. In addition, the agreements demonstrate a company's commitment to environ- mental compliance. EPA's compliance audit agreement with Arizona Chemical includes provi- sions that are similar to those of the Agency's Audit Policy. The Audit Policy substantially reduces, and in some cases eliminates, penalties for violations dis- covered and corrected by a company. The policy does not cover certain vio- lations, such as those that reflect crimi- nal conduct or result in actual signifi- cant harm to public health or the envi- ronment. Similar to the Audit Policy, the agreements establish deadlines for violation disclosures and corrective measures. Contact Geraldine Gardner, (202) 564-4032 or Tony Ellis, (202) 564- 4167, Office of Regulatory Enforce- ment, Toxics and Pesticides Enforce- ment Division. Useful Websites Toxics and Pesticides Enforcement Division: http://www.epa.gov/oeca/ore/tped/ Office of Pesticide Programs (registering a pesticide): http://www.epa.gov/pesticides/ chemreg.htm EPA's Year 2000 website: http://www.epa.gov/year2000 EPA's Y2K Enforcement Policy: http://www.epa.gov/fedrgstr/EPA- GEN ERAL/1999/March/Day-10/ g5958.htm EPA Audit Policy: http:// www.epa.gov/oeca/ore/ apolguid.html Audit Policy Update: http://www.epa.gov/oeca/ore/ apolguid.html EPA's Small Business Policy: http://www.epa.gov/oeca/ smbusi.html Small Business Gateway: http://www.epa.gov/smallbusiness Recycled/Recyclable. Printed with Soy/Canola Ink on paper that contains at least 50% recycled fiber ------- |