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

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xvEPA
 United States
 Environmental Protection Agency
 Office of Regulatory Enforcement
 (2201 A)
 Washington, D.C. 20460

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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

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