Will a state audit privilege and immunity law prevent a state from receiving approval to administer a TSCA 402 Abatement Rule program?
Last year, a work group comprising members of OECA, OPPTS, the Office of General Counsel, and regional staff analyzed the enforcement and information-gathering requirements of the lead-based paint program and determined that these requirements could be impaired by a state audit privilege and immunity law. See 40 C.F.R. 745.320 et seq. A state audit privilege and immunity law may interfere with state authority to review and collect information necessary to determine compliance with work practice standards, to gather evidence of criminal or civil violations, and pursue enforcement actions. In addition, sanctions in certain audit privilege and immunity laws may inhibit whistleblowers, thereby impairing a state’s ability to react to tips or complaints or other information indicating a violation. The lead-based paint program enforcement and information-gathering requirements are similar to those contained in the federal programs covered by the memorandum entitled “Statement of Principles: T
