DESCRIPTION OF THE REQUESTED FLEXIBILITY AND THE IMPLEMENTING MECHANISMS. A. Requested Flexibility Facilities that have successfully completed the EMS audit would submit a Notice of Intent (NOI), along with information on the results of the audit, to be covered under an NPDES general permit issued by either a State or EPA. Coverage under the general permit will continue as long as the facility remained in compliance with the terms of the NPDES general permit and continued to implement its EMS. Regular follow up audits will take place from independent 3rd parties, and States or EPA will continue to perform their routine compliance and enforcement activities, as necessary. No rule making is necessary to implement this project. If a facility failed to remain in compliance with the NPDES general permit or failed to adequately implement its EMS, States or EPA could require the facility to obtain an individual, site-specific NPDES permit. States and EPA retain all compliance and enforcement authority and may bring an enforcement action at any time for violations of the NPDES general permit and in cases where the facility may be causing significant water quality problems.
DESCRIPTION OF THE REQUESTED FLEXIBILITY AND THE IMPLEMENTING MECHANISMS. A. Requested Flexibility TSCA is a law regulating aspects of the manufacture, importation, processing, distribution, use and disposal of chemical substances. Section 5 of TSCA regulates new chemical substances. Section 5 requires a manufacturer or importer to submit a PMN to EPA for a new chemical substance at least 90 days prior to commencing commercial manufacture of that substance. During the 90-day PMN review period, EPA determines whether the substance may present an unreasonable risk to human health or the environment. EPA’s initial review process is completed within 20 to 25 days from the Agency’s receipt of a notice. PPG will submit information obtained from the P2 Framework with its TSCA Section 5 submissions. This will aid EPA’s risk assessment process. PPG and EPA have agreed that PMN substances reported by PPG that meet EPA’s criteria may be manufactured prior to day 90 of the review period pursuant to a Test Marketing Exemption (TME). For a more in-depth discussion of the requested flexibility see Appendix C - Regulatory Flexibility.
DESCRIPTION OF THE REQUESTED FLEXIBILITY AND THE IMPLEMENTING MECHANISMS. This section describes the nature of the regulatory flexibility to be obtained through this project. It summarizes the legal authorities that are relevant to or impacted by the project, and it describes the manner in which the regulatory flexibility will be implemented.
DESCRIPTION OF THE REQUESTED FLEXIBILITY AND THE IMPLEMENTING MECHANISMS
