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Round-up on EPA compliance

This is the sixth in a series of seven posts about regulatory compliance priorities and enforcement trends.  The first post was about the Commodity Futures Trading Commission (CFTC).  The second post was about the Federal Trade Commission (FTC).  The third post was about the Securities & Exchange Commission (SEC).  The fourth post was about the Food & Drug Administration (FDA).  Last week’s post was about the U.S. Department of Agriculture (USDA).  Today’s post will be about the Environmental Protection Agency (EPA).  Finally, the seventh post, on Thursday February 1, will be about the Federal Communications Commission (FCC).

The U.S. Environmental Protection Agency (EPA) is the US regulator charged with supervising and enforcing federal laws concerning human health and the environment.  The USDA was created in 1970 by an order of President Richard Nixon in the course of an executive reorganization that consolidated a number of offices and councils that were created by the National Environmental Policy Act of 1969.  The EPA has never been formally elevated to executive cabinet status but is often accorded this rank operationally anyway. 

The mandate of the EPA includes running a variety of departments, including the Office of Air and Radiation; the Office of Chemical Safety and Pollution Prevention; the Office of Land and Emergency Management; and the Office of Water.  The EPA works with a broad base of legislative standards pertaining to the advancement of general environmental protection measures which can be grouped into several areas, principally air, water, land, endangered species, and hazardous waste.  In order to maintain and enforce standards within these broad environmental categories, the EPA has a regional operating model and within that further delegates some administrative responsibility to states, individual industry groups, and other local-level entities.

The EPA frequently works together with other regulatory agencies, particularly the Department of the Interior and the USDA, to manage the diverse scope of its oversight activities insofar as environmental conservation and quality standard-setting objectives coincide.  The major federal laws which provide the basis for these activities include the Clean Air Act (1963 with major amendments in 1966, 1977, and 1990, regarding the control of air pollution), the Clean Water Act (1972 with major amendments in 1977 and 1987, regarding the control of water pollution), the Wilderness Act (1964, creating the National Wilderness Preservation System, the Endangered Species Act (1973, regarding the protection of threatened species of fish, wildlife, and plants), and the Resource Conservation and Recovery Act (1976, regarding the disposal of solid and hazardous wastes).

…And ensuing conflicts of law:  Changes in legal or regulatory strategy at the federal level often lead to inconsistent standards set between state interests.   This is especially true in areas of the law or regulation where non-compliance of some states or regions can have adverse effect on other states or regions which are, themselves, totally compliant.  Obviously the environment is one of these such areas and conflicts of air pollution controls can one non-complying group of states to have a huge impact on the air quality in other states.  These compliant states wish to have the non-compliant states subjected to stricter controls by placing them in a designated “Ozone Transport Region” to recognize the impact that their emissions have on states that are upwind of them:  Northeast states sue EPA over air pollution from Midwest

Be sure to check back next week for the last post in this series, a round-up on FCC regulatory compliance.

 

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