The U.S. EPA’s watchdog office, the Office of Inspector General (OIG), recently found “insufficient communication and coordination between its two offices responsible for developing and enforcing TSCA Consent Orders” They are recommending a corrective action that will add a pre-issuance review by the enforcement office. The OIG also recommended verification that Consent Orders are sent to the EPA Regional office responsible for enforcement.
“The OIG action is intended to improve communication within the EPA offices responsible for enforcement,” Kurt Gilliam, Cornerstone Director of Environmental Services
What are TSCA Consent Orders?
Businesses that intend to begin manufacturing or importing a new chemical substance must first report it to the EPA. The Toxic Substances Control Act (TSCA) requires the agency to then make a risk determination on each Pre-Manufacture Notification (PMN) to decide if the chemical:
- is not likely to present an unreasonable risk
- may present an unreasonable risk
- presents an unreasonable risk
If the EPA determines that the new chemical may or does present an unreasonable risk, they issue a risk management measure, called either a Consent Order (CO) or Significant New Use Rule.
What is changing?
In the past EPA’s Office of Chemical Safety and Pollution would write COs and send the final document to its Office of Enforcement and Compliance Assurance after issuance. The EPA OIG, an independent watchdog that oversees the efficiency and effectiveness of the agency’s programs, recently evaluated this process. They recommended that the Enforcement arm be allowed to review and approve all COs prior to issuance.
How could this change affect business and the environment?
“The OIG’s recommendations could slow the negotiation/approval of COs and increase enforcement activities associated with the CO” said Gilliam.
Why Now?
A North Carolina media report uncovered the presence of GenX chemicals (a type of PFAS) in the Cape Fear River in 2017. EPA Headquarters called in Region 4 Enforcement Officers to conduct an on-site compliance monitoring inspection at the DuPont Fayetteville Works facility, which manufactures GenX. The agency learned its Region 4 inspectors were unaware of a 2009 Consent Order for the chemical and its requirements until the inspection was requested by EPA headquarters, prompting the review by the Inspector General.
More Information
To read the full EPA report:
click here
For assistance with TSCA regulation compliance issues, contact Cornerstone at
info@corner-enviro.com or (317) 733-2637.