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Evaluating a Nanomaterial Operation’s Compliance with Environmental Requirements: Selected Environmental Audit Statutes and Policies
Volume 6, Issue 2

Paul C. Sarahan, Fulbright & Jaworski LLP

Federal and state regulators have recently signaled an intent to more actively regulate nanomaterial operations. Nanotechnology companies are subject to a host of federal and state environmental regulations. An employer may utilize applicable environmental audit policies and statutes to evaluate its facility’s compliance with these regulations. Under these policies and statutes, nanotechnology companies may be able to perform voluntary self-audits without incurring penalty liability. An evidentiary privilege may also be available to protect information gathered in the course of a voluntary self-audit from future disclosure. This article summarizes the Environmental Protection Agency’s Self-Disclosure Policy and several state environmental audit policies and statutes. There is no universal audit strategy that is best for all companies. An employer should determine its objectives and work with its environmental counsel and consultant to decide exactly what portions of its operations to audit, and to ensure that the correct measures are taken so that the audit complies with the requirements of any applicable audit statute or policy.

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