[Code of Federal Regulations]
[Title 40, Volume 1]
[Revised as of July 1, 2007]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR1.43]
[Page 15-17]
TITLE 40--PROTECTION OF ENVIRONMENT
CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY
PART 1_STATEMENT OF ORGANIZATION AND GENERAL INFORMATION--Table of
Contents
Subpart B_Headquarters
Sec. 1.43 Office of Prevention, Pesticides and Toxic Substances.
The Assistant Administrator serves as the principal adviser to the
Administrator in matters pertaining to assessment and regulation of
pesticides and toxic substances and is responsible for managing the
Agency's pesticides and toxic substances programs under the Federal
Insecticide, Fungicide, and Rodenticide Act (FIFRA); the Federal Food,
Drug, and Cosmetic Act; the Toxic Substances Control Act (TSCA); and for
promoting coordination of all Agency programs engaged in toxic
substances activities. The Assistant Administrator has responsibility
for establishing Agency strategies for implementation and integration of
the pesticides and the toxic substances programs under applicable
Federal statutes; developing and operating Agency programs and policies
for assessment and control of pesticides and toxic substances;
developing recommendations for Agency priorities for research,
monitoring, regulatory, and information-gathering activities relating to
pesticides and toxic substances; developing scientific, technical,
economic, and social data bases for the conduct of hazard assessments
and evaluations in support of toxic substances and pesticides
activities; directing pesticides and toxic substances compliance
programs; providing toxic substances and pesticides program guidance to
EPA Regional Offices; and monitoring, evaluating, and assessing
pesticides and toxic substances program operations in EPA Headquarters
and Regional Offices.
(a) Office of Pesticide Programs. The Office of Pesticide Programs,
under the management of a Director and Deputy Director are responsible
to the Assistant Administrator for leadership of the overall pesticide
activities of the Agency under the authority of the Federal Insecticide,
Fungicide, and Rodenticide Act and several provisions of the Federal
Food, Drug, and Cosmetic Act, including the development of strategic
plans for the control of the national environmental pesticide situation.
Such plans are implemented by the Office of Pesticide Programs, other
EPA components, other Federal agencies, or by State, local, and private
sectors. The Office is also responsible for establishment of tolerance
levels for pesticide residues which occur in or on food; registration
and reregistration of pesticides; special review of pesticides suspected
of posing unreasonable risks to human health or the environment;
monitoring of pesticide residue levels in food, humans, and nontarget
fish and wildlife; preparation of pesticide registration guidelines;
development of standards for the registration and reregistration of
pesticide products; provision of program policy direction to
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technical and manpower training activities in the pesticides area;
development of research needs and monitoring requirements for the
pesticide program and related areas; review of impact statements dealing
with pesticides; and carrying out of assigned international activities.
(b) Office of Pollution Prevention and Toxics. The Office of
Pollution Prevention and Toxics (OPPT), under the management of a
Director and Deputy Director is responsible to the Assistant
Administrator for those activities of the Agency mandated by the Toxic
Substances Control Act. The Director is responsible for developing and
operating Agency programs and policies for new and existing chemicals.
In each of these areas, the Director is responsible for information
collection and coordination; data development; health, environmental and
economic assessment; and negotiated or regulatory control actions. The
Director provides operational guidance to EPA Regional Offices, reviews
and evaluates toxic substances activities at EPA Headquarters and
Regional Offices; coordinates TSCA activities with other EPA offices and
Federal and State agencies, and conducts the export notification
required by TSCA and provides information to importers. The Director is
responsible for developing policies and procedures for the coordination
and integration of Agency and Federal activities concerning toxic
substances. The Director is also responsible for coordinating
communication with the industrial community, environmental groups, and
other interested parties on matters relating to the implementation of
TSCA; providing technical support to international activities managed by
the Office of International Activities; and managing the joint planning
of toxic research and development under the auspices of the Pesticides/
Toxic Substances Research Committee.
(c) Office of Compliance Monitoring. The Office of Compliance
Monitoring, under the supervision of a Director, plans, directs, and
coordinates the pesticides and toxic substances compliance programs of
the Agency. More specifically, the Office provides a national pesticides
and toxic substances compliance overview and program policy direction to
the Regional Offices and the States, prepares guidance and policy on
compliance issues, establishes compliance priorities, provides technical
support for litigation activity, concurs on enforcement actions,
maintains liaison with the National Enforcement Investigations Center,
develops annual fiscal budgets for the national programs, and manages
fiscal and personnel resources for the Headquarters programs. The Office
directs and manages the Office of Prevention, Pesticides and Toxic
Substances' laboratory data integrity program which conducts laboratory
inspections and audits of testing data. The Office issues civil
administrative complaints and other administrative orders in cases of
first impression, overriding national significance, or violations by any
entity located in more than one Region. The office coordinates with the
Office of General Counsel and the Office of Enforcement and Compliance
Monitoring in an attorney-client relationship, with those Offices
providing legal support for informal and formal administrative
resolutions of violations; for conducting litigation; for interpreting
statutes, regulations and other legal precedents covering EPA's
activities; and for advising program managers on the legal implications
of alternative courses of action. The Office of Compliance Monitoring
coordinates with the Office of Pesticide Programs in the conduct of
pesticide enforcement compliance and registration programs under the
Federal Insecticide, Fungicide, and Rodenticide Act and participates in
decisions involving the cancellation or suspension of registration. The
Office establishes policy and operating procedures for pesticide
compliance activities including sampling programs, export certification,
monitoring programs to assure compliance with experimental use permits,
pesticide use restrictions, and recordkeeping requirements, and
determines when and whether compliance actions are appropriate. The
Office establishes policy and guidance for the State cooperative
enforcement agreement program and the applicator training and
certification program. The Office of
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Compliance Monitoring also coordinates with the Office of Pollution
Prevention and Toxics in the conduct of regulatory and compliance
programs under the Toxic Substances Control Act and participates in
regulation development for TSCA. The Office participates in the control
of imminent hazards under TSCA, inspects facilities subject to TSCA
regulation as a part of investigations which are national in scope or
which require specialized expertise, and samples and analyzes chemicals
to determine compliance with TSCA. The Office coordinates and provides
guidance to other TSCA compliance activities, including the State
cooperative enforcement agreement program and the preparation of
administrative suits.
[50 FR 26721, June 28, 1985, as amended at 57 FR 28087, June 24, 1992]
