Office of Prevention, Pesticides and Toxic Substances

Environmental Protection Agency § 1.43

control program and the success in for managing the Agency’s pesticides achieving air quality goals; for pro- and toxic substances programs under viding assistance to the States, indus- the Federal Insecticide, Fungicide, and try and other organizations through Rodenticide Act (FIFRA); the Federal personnel training activities and tech- Food, Drug, and Cosmetic Act; the nical information; for providing tech- Toxic Substances Control Act (TSCA); nical direction and support to Regional and for promoting coordination of all Offices and other organizations; for Agency programs engaged in toxic sub- evaluating Regional programs with re- stances activities. The Assistant Ad- spect to State implementation plans ministrator has responsibility for es- and strategies, technical assistance, tablishing Agency strategies for imple- and resource requirements and alloca- mentation and integration of the pes- tions for air related programs; for de- ticides and the toxic substances pro- veloping and maintaining a national grams under applicable Federal stat- air programs data system, including utes; developing and operating Agency air quality, emissions and other tech- programs and policies for assessment nical data; and for providing effective and control of pesticides and toxic sub- technology transfer through the trans- stances; developing recommendations lation of technological developments for Agency priorities for research, into improved control program proce- monitoring, regulatory, and informa- dures. tion-gathering activities relating to (c) Office of Radiation Programs. The pesticides and toxic substances; devel- Office of Radiation Programs, under oping scientific, technical, economic, the supervision of a Director, is respon- and social data bases for the conduct of sible to the Assistant Administrator hazard assessments and evaluations in for Air and Radiation for the radiation support of toxic substances and pes- activities of the Agency, including de- ticides activities; directing pesticides velopment of radiation protection cri- and toxic substances compliance pro- teria, standards, and policies; measure- grams; providing toxic substances and ment and control of radiation expo- pesticides program guidance to EPA sure; and research requirements for ra- Regional Offices; and monitoring, eval- diation programs. The Office provides uating, and assessing pesticides and technical assistance to States through toxic substances program operations in EPA Regional Offices and other agen- EPA Headquarters and Regional Of- cies having radiation protection pro- fices. grams; establishes and directs a na- (a) Office of Pesticide Programs. The tional surveillance and investigation Office of Pesticide Programs, under the program for measuring radiation levels management of a Director and Deputy in the environment; evaluates and as- Director are responsible to the Assist- sesses the impact of radiation on the ant Administrator for leadership of the general public and the environment; overall pesticide activities of the Agen- and maintains liaison with other public cy under the authority of the Federal and private organizations involved in Insecticide, Fungicide, and Rodenticide environmental radiation protection ac- Act and several provisions of the Fed- tivities. The Office coordinates with eral Food, Drug, and Cosmetic Act, in- and assists the Office of Enforcement cluding the development of strategic and Compliance Monitoring in enforce- plans for the control of the national ment activities where EPA has juris- environmental pesticide situation. diction. The Office provides editorial Such plans are implemented by the Of- policy and guidance, and assists in pre- fice of Pesticide Programs, other EPA paring publications. components, other Federal agencies, or by State, local, and private sectors. § 1.43 Office of Prevention, Pesticides The Office is also responsible for estab- and Toxic Substances. lishment of tolerance levels for pes- The Assistant Administrator serves ticide residues which occur in or on as the principal adviser to the Admin- food; registration and reregistration of istrator in matters pertaining to as- pesticides; special review of pesticides sessment and regulation of pesticides suspected of posing unreasonable risks and toxic substances and is responsible to human health or the environment;

VerDate Mar<15>2010 10:39 Sep 04, 2012 Jkt 226146 PO 00000 Frm 00025 Fmt 8010 Sfmt 8010 Y:\SGML\226146.XXX 226146 erowe on DSK2VPTVN1PROD with § 1.43 40 CFR Ch. I (7–1–12 Edition)

monitoring of pesticide residue levels under the supervision of a Director, in food, humans, and nontarget fish plans, directs, and coordinates the pes- and wildlife; preparation of pesticide ticides and toxic substances compli- registration guidelines; development of ance programs of the Agency. More standards for the registration and re- specifically, the Office provides a na- registration of pesticide products; pro- tional pesticides and toxic substances vision of program policy direction to compliance overview and program pol- technical and manpower training ac- icy direction to the Regional Offices tivities in the pesticides area; develop- and the States, prepares guidance and ment of research needs and monitoring policy on compliance issues, estab- requirements for the pesticide program lishes compliance priorities, provides and related areas; review of impact technical support for litigation activ- statements dealing with pesticides; and ity, concurs on enforcement actions, carrying out of assigned international maintains liaison with the National activities. Enforcement Investigations Center, de- (b) Office of Pollution Prevention and velops annual fiscal budgets for the na- Toxics. The Office of Pollution Preven- tional programs, and manages fiscal tion and Toxics (OPPT), under the and personnel resources for the Head- management of a Director and Deputy quarters programs. The Office directs Director is responsible to the Assistant and manages the Office of Prevention, Administrator for those activities of Pesticides and Toxic Substances’ lab- the Agency mandated by the Toxic oratory data integrity program which Substances Control Act. The Director conducts laboratory inspections and is responsible for developing and oper- audits of testing data. The Office issues ating Agency programs and policies for civil administrative complaints and new and existing chemicals. In each of other administrative orders in cases of these areas, the Director is responsible first impression, overriding national for information collection and coordi- significance, or violations by any enti- nation; data development; health, envi- ty located in more than one Region. ronmental and economic assessment; The office coordinates with the Office and negotiated or regulatory control of General Counsel and the Office of actions. The Director provides oper- Enforcement and Compliance Moni- ational guidance to EPA Regional Of- toring in an attorney-client relation- fices, reviews and evaluates toxic sub- ship, with those Offices providing legal stances activities at EPA Headquarters support for informal and formal admin- and Regional Offices; coordinates istrative resolutions of violations; for TSCA activities with other EPA offices conducting litigation; for interpreting and Federal and State agencies, and statutes, regulations and other legal conducts the export notification re- precedents covering EPA’s activities; quired by TSCA and provides informa- and for advising program managers on tion to importers. The Director is re- the legal implications of alternative sponsible for developing policies and courses of action. The Office of Compli- procedures for the coordination and in- ance Monitoring coordinates with the tegration of Agency and Federal activi- Office of Pesticide Programs in the ties concerning toxic substances. The conduct of pesticide enforcement com- Director is also responsible for coordi- pliance and registration programs nating communication with the indus- under the Federal Insecticide, Fun- trial community, environmental gicide, and Rodenticide Act and par- groups, and other interested parties on ticipates in decisions involving the matters relating to the implementa- cancellation or suspension of registration of TSCA; providing technical sup- tion. The Office establishes policy and port to international activities man- operating procedures for pesticide com- aged by the Office of International Ac- pliance activities including sampling tivities; and managing the joint plan- programs, export certification, moni- ning of toxic research and development toring programs to assure compliance under the auspices of the Pesticides/ with experimental use permits, pes- Toxic Substances Research Committee. ticide use restrictions, and record- (c) Office of Compliance Monitoring. keeping requirements, and determines The Office of Compliance Monitoring, when and whether compliance actions

VerDate Mar<15>2010 10:39 Sep 04, 2012 Jkt 226146 PO 00000 Frm 00026 Fmt 8010 Sfmt 8010 Y:\SGML\226146.XXX 226146 erowe on DSK2VPTVN1PROD with Environmental Protection Agency § 1.45

are appropriate. The Office establishes Agencywide basis in all budgeting and policy and guidance for the State coop- planning actions involving monitoring erative enforcement agreement pro- which require Heardquarters approval. gram and the applicator training and (a) Office of Acid Deposition, Environ- certification program. The Office of mental Monitoring and Quality Assur- Compliance Monitoring also coordi- ance. The Office of Acid Deposition, En- nates with the Office of Pollution Pre- vironmental Monitoring and Quality vention and Toxics in the conduct of Assurance (OADEMQA), under the su- regulatory and compliance programs pervision of an Office Director, is re- under the Toxic Substances Control sponsible for planning, managing and Act and participates in regulation de- evaluating a comprehensive program velopment for TSCA. The Office par- for: ticipates in the control of imminent (1) Monitoring the cause and effects hazards under TSCA, inspects facilities of acid deposition; subject to TSCA regulation as a part of (2) Research and development on the investigations which are national in scope or which require specialized ex- causes, effects and corrective steps for pertise, and samples and analyzes the acid deposition phenomenon; chemicals to determine compliance (3) Research with respect to the with TSCA. The Office coordinates and transport and fate of pollutants which provides guidance to other TSCA com- are released into the atmosphere; pliance activities, including the State (4) Development and demonstration cooperative enforcement agreement of techniques and methods to measure program and the preparation of admin- exposure and to relate ambient con- istrative suits. centrations to exposure by critical re- ceptors; [50 FR 26721, June 28, 1985, as amended at 57 FR 28087, June 24, 1992] (5) Research, development and demonstration of new monitoring methods, § 1.45 Office of Research and Develop- systems, techniques and equipment for ment. detection, identification and character- The Office of Research and Develop- ization of pollutants at the source and ment is under the supervision of the in the ambient environment and for Assistant Administrator for Research use as reference or standard moni- and Development who serves as the toring methods; principal science adviser to the Admin- (6) Establishment, direction and co- istrator, and is responsible for the de- ordination of Agencywide Quality As- velopment, direction, and conduct of a surance Program; and national research, development and (7) Development and provision of demonstration program in: Pollution quality assurance methods, techniques sources, fate, and health and welfare and material including validation and effects; pollution prevention and con- standardization of analytical methods, trol, and waste management and utili- sampling techniques, quality control zation technology; environmental methods, standard reference materials, sciences; and monitoring systems. The and techniques for data collection, Office participates in the development evaluation and interpretation. The Of- of Agency policy, standards, and regu- fice identifies specific research, devel- lations and provides for dissemination opment, demonstration and service of scientific and technical knowledge, needs and priorities; establishes pro- including analytical methods, moni- gram policies and guidelines; develops toring techniques, and modeling meth- program plans including objectives and odologies. The Office serves as coordi- estimates of resources required to ac- nator for the Agency’s policies and pro- complish objectives; administers the grams concerning carcinogenesis and approved program and activities; as- related problems and assures appro- signs program responsibility and re- priate quality control and standardiza- sources to the laboratories assigned by tion of analytical measurement and the Assistant Administrator; directs monitoring techniques utilized by the and supervises assigned laboratories in Agency. The Office exercises review program administration; and conducts and concurrence responsibilities on an reviews of program progress and takes

VerDate Mar<15>2010 10:39 Sep 04, 2012 Jkt 226146 PO 00000 Frm 00027 Fmt 8010 Sfmt 8010 Y:\SGML\226146.XXX 226146 erowe on DSK2VPTVN1PROD with