The Responsibilities and Authority of the Environmental Protection Agency
Dennis AuBuchon
October 08, 2009
To begin with the information about this agency was taken from the EPA web site www.epa.gov. The mission of the Environmental Protection Agency (EPA) is to protect human health and the environment. Since 1970 the EPA has been working for a cleaner, healthier environment for the American people. This is a worthy goal and one which benefits all citizens or visitors to our country. EPA was established to consolidate in one agency a variety of federal research, monitoring, standard-setting and enforcement activities to ensure environmental protection. EPA's mission is to protect human health and to safeguard the natural environment—air, water, and land—upon which life depends.
To begin discussing this agency it is important to know how it is organized and the responsibilities of the various offices. The list below helps to understand not only how the agency is structured but what activities with which the agency is involved.
Office of Administration and Resources Management - enhances health and environmental protection through effective management of EPA's human, financial, and physical resources.
Office of Air and Radiation – oversees the air and radiation protection activities of the Agency including national programs, technical policies, and regulations
American Indian Environmental Office - coordinates the Agency-wide effort to strengthen public health and environmental protection in Indian Country, with a special emphasis on building Tribal capacity to administer their own environmental programs.
Chief Financial Officer - manages and coordinates EPA's planning, budgeting, analysis and accountability processes as well as provide financial management services.
Office of Enforcement & Compliance Assurance - delivers compliance with U.S. environmental laws while inspiring the regulated community to employ methods that focus on pollution prevention.
Office of Environmental Justice - serves as a focal point for ensuring that communities comprised predominately of people of color or low income populations receive protection under environmental laws.
Office of Environmental Information - responsible for establishing an innovative center of excellence that advances the creation, management and use of information as a strategic resource at EPA.
Office of General Counsel - provides legal service to all organizational elements of the Agency with respect to Agency programs and activities. The Office of General Counsel provides legal opinions, legal counsel, and litigation support. In addition, the Office assists in the formulation and administration of the Agency's policies and programs as legal advisor.
Office of Inspector General - conducts audits and investigations of Agency programs and operations.
Office of International Affairs - manages Agency involvement in international policies and programs that cut across Agency offices and regions. Provides leadership and coordination on behalf of the Agency and acts as the focal point on international environmental matters.
Office of Prevention, Pesticides and Toxic Substances - develops national strategies for toxic substance control and promotes pollution prevention and the public's right to know about chemical risks.
Office of Research and Development - is responsible for the research and development needs of the Agency's operating programs and the conduct of an integrated research and development program for the Agency.
Science Policy Council - is responsible within the Agency to address and resolve cross-media, cross-program, and cross-disciplinary science policy issues. The Council is chaired by the Deputy Administrator.
Office of Solid Waste and Emergency Response - provides policy, guidance, and direction for the land disposal of hazardous wastes, underground storage tanks, solid waste management, encouragement of innovative technologies, source reduction of wastes and the Superfund Program.
Office of Water - is responsible for the Agency's water quality activities including development of national programs, technical policies, and regulations relating to drinking water, water quality, ground water, pollution source standards, and the protection of wetlands, marine, and estuarine areas.
As you can see the responsibilities and authority of the EPA is widespread and covers a wide range of topics. Recently there was an issue associated with coal ash and whether or not it was hazardous waste. Coal ash is just one example where material must be reviewed to determine if it is hazardous to the environment or individuals. With regards to the jurisdiction and authority of the EPA when issues of such events as coal ash become an issue it is important that be examined and properly evaluated.
The laws that Congress enacts affecting environmental issues fall under the jurisdiction of the EPA. The quantity of them are too numerous to mention but some examples are:
Clean Air Act
Clean Water Act
Safe Drinking Water Act
Superfund – a comprehensive environmental response, compensation and liability act.
An entire list of the laws under the jurisdiction of the EPA can be found at the following link:
http://www.epa.gov/lawsregs/laws/index.html
To create the instructions that provide the guidance for enforcement of these and other laws the EPA creates regulations. These regulations are the mechanism to implement the laws passed by Congress and signed by the President. Other agencies also generate regulations associated with their respective authorities. Regulations are mandatory requirements and once created they must be enforced. The goal of the EPA is a worthwhile one for it affects every citizen and visitor to the United States. The process of generating regulations in the EPA and may well be part of other agency regulation process is the following:
Commence activity – this is generally based upon laws enacted by Congress and a determination is made that an issue exist that cannot be addressed in the absence of regulatory activity.
Analyze the problem - Before creating regulations the problem must be analyzed through a workgroup who outlines the major questions to be answered, the data needed, the experts to be consulted, anticipated costs and other rulemaking needs.
Identify the options. This part is involves looking at all the options available to address the issue and may require evaluating environmental technologies, changes in environmental practices, and incentives that can motivate better environmental performance.
Publish a proposal and request public comments – This phase involves creating a proposal through an Administrative Procedure Act to get public input on the proposal regulation. The draft proposal has a period of 60-90 days where the public can provide input on the regulation.
Review public comments - This part of the regulation process in the EPA requires that all the public comments be evaluated for potential changes which could involve minor changes to a major rewrite of the regulation. All the comments and responses are published in the regulation´s docket.
Issue Regulation - This phase involves the formal approval of the regulation and after approval it is published in the federal register. The effective dates are identified in the regulation and can be anywhere from immediate or in the future Regulations can be overturned by Congress but this rarely occurs.
Analyze the regulations – This is an important phase of issuing regulations in the EPA and should be, if not already, be standard practice within any agency who generates regulations. Regulations are written with good intentions but sometimes there are vague requirements which must be clarified and sometimes a revision may be necessary. Part of the analysis involves working with any businesses, governments or non-profits to help them comply with the requirements. Any regulation must be effective in what they address. While the EPA works with the above groups it is important that the enforcement aspects be clearly identified within any regulation generated. This should involve the types and amounts of penalties that could be imposed.
As you can see there is good structure in the EPA organization and what it does. With regards to the aspect of enforcement actions when there is potential for health issues regarding materials, they should be properly evaluated. One final point to make is that there also needs to be accountability in the manner in which the laws covered by regulations are enforced. There are good companies who routinely comply with the environmental regulations in place and there are those that cut corners. Good companies sometimes subcontract for services for which they do not have the expertise to complete regarding compliance of EPA requirements. While they are ultimately responsible to assure their contracted work complies with EPA requirements. The key point I am making is that when violations exist all those involved should be evaluated and fined regarding their portion of the violation. If a subcontractor fails to properly execute their responsibilities according to their contract they should bear the brunt of any fines which may be imposed.
Accountability in the above scenario is the key. All organizations involved with environmental requirements must be accountable for their actions or inaction. This not only involves the private sector but all levels of government. This article has presented some basic information about the EPA, how they are structured and what they do to help keep our environment safe for us all. When we see environmental conditions which need to be addressed the EPA is the agency which must be notified. Part of the requirements and responsibilities of the EPA is to established national standards for our environment. Government agencies get involved with many issues that some say that they have no authority but establishing national standards for anything can only be done at the federal level. National standards help to form a basis of commonality between the states and in this respect help businesses in having one standard to which they must comply. When each state has their own set of rules it creates increased expenditure for businesses to operate. In this time of economic conditions we must reduce the costs of business where we can and creating national standards where they are needed and applicable is a great benefit.
To begin discussing this agency it is important to know how it is organized and the responsibilities of the various offices. The list below helps to understand not only how the agency is structured but what activities with which the agency is involved.
Office of Administration and Resources Management - enhances health and environmental protection through effective management of EPA's human, financial, and physical resources.
Office of Air and Radiation – oversees the air and radiation protection activities of the Agency including national programs, technical policies, and regulations
American Indian Environmental Office - coordinates the Agency-wide effort to strengthen public health and environmental protection in Indian Country, with a special emphasis on building Tribal capacity to administer their own environmental programs.
Chief Financial Officer - manages and coordinates EPA's planning, budgeting, analysis and accountability processes as well as provide financial management services.
Office of Enforcement & Compliance Assurance - delivers compliance with U.S. environmental laws while inspiring the regulated community to employ methods that focus on pollution prevention.
Office of Environmental Justice - serves as a focal point for ensuring that communities comprised predominately of people of color or low income populations receive protection under environmental laws.
Office of Environmental Information - responsible for establishing an innovative center of excellence that advances the creation, management and use of information as a strategic resource at EPA.
Office of General Counsel - provides legal service to all organizational elements of the Agency with respect to Agency programs and activities. The Office of General Counsel provides legal opinions, legal counsel, and litigation support. In addition, the Office assists in the formulation and administration of the Agency's policies and programs as legal advisor.
Office of Inspector General - conducts audits and investigations of Agency programs and operations.
Office of International Affairs - manages Agency involvement in international policies and programs that cut across Agency offices and regions. Provides leadership and coordination on behalf of the Agency and acts as the focal point on international environmental matters.
Office of Prevention, Pesticides and Toxic Substances - develops national strategies for toxic substance control and promotes pollution prevention and the public's right to know about chemical risks.
Office of Research and Development - is responsible for the research and development needs of the Agency's operating programs and the conduct of an integrated research and development program for the Agency.
Science Policy Council - is responsible within the Agency to address and resolve cross-media, cross-program, and cross-disciplinary science policy issues. The Council is chaired by the Deputy Administrator.
Office of Solid Waste and Emergency Response - provides policy, guidance, and direction for the land disposal of hazardous wastes, underground storage tanks, solid waste management, encouragement of innovative technologies, source reduction of wastes and the Superfund Program.
Office of Water - is responsible for the Agency's water quality activities including development of national programs, technical policies, and regulations relating to drinking water, water quality, ground water, pollution source standards, and the protection of wetlands, marine, and estuarine areas.
As you can see the responsibilities and authority of the EPA is widespread and covers a wide range of topics. Recently there was an issue associated with coal ash and whether or not it was hazardous waste. Coal ash is just one example where material must be reviewed to determine if it is hazardous to the environment or individuals. With regards to the jurisdiction and authority of the EPA when issues of such events as coal ash become an issue it is important that be examined and properly evaluated.
The laws that Congress enacts affecting environmental issues fall under the jurisdiction of the EPA. The quantity of them are too numerous to mention but some examples are:
Clean Air Act
Clean Water Act
Safe Drinking Water Act
Superfund – a comprehensive environmental response, compensation and liability act.
An entire list of the laws under the jurisdiction of the EPA can be found at the following link:
http://www.epa.gov/lawsregs/laws/index.html
To create the instructions that provide the guidance for enforcement of these and other laws the EPA creates regulations. These regulations are the mechanism to implement the laws passed by Congress and signed by the President. Other agencies also generate regulations associated with their respective authorities. Regulations are mandatory requirements and once created they must be enforced. The goal of the EPA is a worthwhile one for it affects every citizen and visitor to the United States. The process of generating regulations in the EPA and may well be part of other agency regulation process is the following:
Commence activity – this is generally based upon laws enacted by Congress and a determination is made that an issue exist that cannot be addressed in the absence of regulatory activity.
Analyze the problem - Before creating regulations the problem must be analyzed through a workgroup who outlines the major questions to be answered, the data needed, the experts to be consulted, anticipated costs and other rulemaking needs.
Identify the options. This part is involves looking at all the options available to address the issue and may require evaluating environmental technologies, changes in environmental practices, and incentives that can motivate better environmental performance.
Publish a proposal and request public comments – This phase involves creating a proposal through an Administrative Procedure Act to get public input on the proposal regulation. The draft proposal has a period of 60-90 days where the public can provide input on the regulation.
Review public comments - This part of the regulation process in the EPA requires that all the public comments be evaluated for potential changes which could involve minor changes to a major rewrite of the regulation. All the comments and responses are published in the regulation´s docket.
Issue Regulation - This phase involves the formal approval of the regulation and after approval it is published in the federal register. The effective dates are identified in the regulation and can be anywhere from immediate or in the future Regulations can be overturned by Congress but this rarely occurs.
Analyze the regulations – This is an important phase of issuing regulations in the EPA and should be, if not already, be standard practice within any agency who generates regulations. Regulations are written with good intentions but sometimes there are vague requirements which must be clarified and sometimes a revision may be necessary. Part of the analysis involves working with any businesses, governments or non-profits to help them comply with the requirements. Any regulation must be effective in what they address. While the EPA works with the above groups it is important that the enforcement aspects be clearly identified within any regulation generated. This should involve the types and amounts of penalties that could be imposed.
As you can see there is good structure in the EPA organization and what it does. With regards to the aspect of enforcement actions when there is potential for health issues regarding materials, they should be properly evaluated. One final point to make is that there also needs to be accountability in the manner in which the laws covered by regulations are enforced. There are good companies who routinely comply with the environmental regulations in place and there are those that cut corners. Good companies sometimes subcontract for services for which they do not have the expertise to complete regarding compliance of EPA requirements. While they are ultimately responsible to assure their contracted work complies with EPA requirements. The key point I am making is that when violations exist all those involved should be evaluated and fined regarding their portion of the violation. If a subcontractor fails to properly execute their responsibilities according to their contract they should bear the brunt of any fines which may be imposed.
Accountability in the above scenario is the key. All organizations involved with environmental requirements must be accountable for their actions or inaction. This not only involves the private sector but all levels of government. This article has presented some basic information about the EPA, how they are structured and what they do to help keep our environment safe for us all. When we see environmental conditions which need to be addressed the EPA is the agency which must be notified. Part of the requirements and responsibilities of the EPA is to established national standards for our environment. Government agencies get involved with many issues that some say that they have no authority but establishing national standards for anything can only be done at the federal level. National standards help to form a basis of commonality between the states and in this respect help businesses in having one standard to which they must comply. When each state has their own set of rules it creates increased expenditure for businesses to operate. In this time of economic conditions we must reduce the costs of business where we can and creating national standards where they are needed and applicable is a great benefit.
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