U.S. Environmental Protection Agency (EPA)

  • Created by Presidential Executive Order

  • Richard M. Nixon, 2 December 1970

    • One of the first times an agency was not created by an "Act"

    • Placed directly in the Executive Branch (i.e. reports to OMB)

    • Assumed activities of the former Environmental Health Service,

Organizational Structure

  • Administrator

    • Heads EPA. Appointed by the President with Senate confirmation

  • Three Associate Administrators

    • Office of Regional Operations and State/Local Relations

      • Serves as link between Federal EPA and regional administrators

    • Office of Communication and Public Affairs

      • Liaison between the public sector and the EPA

    • Office of Congressional and Legislative Affairs

      • Ensures coordination between EPA and Congress

    • Office of the Inspector General

      • Audits and investigates EPA, reports deficiencies related to EPA operations to the Administrator and to Congress

    • Office of the General Counsel

      • Legal advisor to the Administrator and provides legal services

    • Office of the Chief Financial Officer

      • Manages budget of $7.76 billion (2005)

    • Nine Operational Offices (headed by Assistant Administrators)

      • Administration and Resources Management

      • Enforcement

      • Environmental Information

      • Research and Development

      • International Activities

      • Pesticides and Toxic Substances

      • Air and Radiation

      • Solid Waste and Emergency Response

      • Water

Figure: USEPA Regions (available in full paper)

Enforcement of Environmental Policy

  • Three Basic Levels of Violation

    • Negligent violations

      • The violator was openly negligent regarding the law

    • Knowing violations

      • Occurred with full knowledge and no attempt to prevent it

    • Knowing endangerment violations

      • Violations allowed to occur, with full knowledge, that impose a threat of death or serious bodily injury

  • Fines and Penalties

    • Differ, depending on the regulation or Act under violation

      • Ex: Fines under CWA differ from those under RCRA

    • Civil fines generally range from a low of $5500 to $32,500 per day per violation

    • Maximum fine against individuals can be $250,000, 15 years in jail

      • Government can establish criminal liabilities against any employee, regardless of position in company

Regulatory Overview

A Brief Look at Major Environmental Regulations

  • National Environmental Policy Act of 1970

  • Clean Air Act (and Amendments)

  • Clean Water Act

  • Resource Conservation and Recovery Act of 1976

  • Toxic Substances Control Act of 1976

  • Comprehensive Environmental Response, Compensation, and Liabilities Act of 1980

  • Superfund Amendments and Reauthorization Act of 1986

NEPA

  • Basic Prov

Keywords:
US government, Enforcement, waste management, environmental law, amendment, SARA Title III, water management, air emission, employer, contingency planning
Subjects:
HSSE & Social Responsibility Management, Environment, Contingency planning and emergency response, Air emissions, Waste management
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2006. American Society of Safety Engineers
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