United States Environmental Protection Agency


The Environmental Protection Agency is an independent executive agency of the United States federal government tasked with environmental protection matters. President Richard Nixon proposed the establishment of EPA on July 9, 1970; it began operation on December 2, 1970, after Nixon signed an executive order. The order establishing the EPA was ratified by committee hearings in the House and Senate. The agency is led by its administrator, who is appointed by the president and approved by the Senate. The current administrator is former deputy administrator Andrew R. Wheeler, who had been acting administrator since July 2018. The EPA is not a Cabinet department, but the administrator is normally given cabinet rank.
The EPA has its headquarters in Washington, D.C., regional offices for each of the agency's ten [|regions], and 27 laboratories. The agency conducts environmental assessment, research, and education. It has the responsibility of maintaining and enforcing national standards under a variety of environmental laws, in consultation with state, tribal, and local governments. It delegates some permitting, monitoring, and enforcement responsibility to U.S. states and the federally recognized tribes. EPA enforcement powers include fines, sanctions, and other measures. The agency also works with industries and all levels of government in a wide variety of voluntary pollution prevention programs and energy conservation efforts.
In 2018, the agency had 13,758 employees. More than half of EPA's employees are engineers, scientists, and environmental protection specialists; other employees include legal, public affairs, financial, and information technologists.
Many public health and environmental groups advocate for the agency and believe that it is creating a better world. Other critics believe that the agency commits government overreach by adding unnecessary regulations on business and property owners.

History

Prelude

Beginning in the late 1950s and through the 1960s, Congress reacted to increasing public concern about the impact that human activity could have on the environment. Senator James E. Murray introduced a bill, the Resources and Conservation Act of 1959, in the 86th Congress. The 1962 publication of Silent Spring by Rachel Carson alerted the public about the detrimental effects on the environment of the indiscriminate use of pesticides.
In the years following, similar bills were introduced and hearings were held to discuss the state of the environment and Congress's potential responses. In 1968, a joint House–Senate colloquium was convened by the chairmen of the Senate Committee on Interior and Insular Affairs, Senator Henry M. Jackson, and the House Committee on Science and Astronautics, Representative George P. Miller, to discuss the need for and means of implementing a national environmental policy. In the colloquium, some members of Congress expressed a continuing concern over federal agency actions affecting the environment.
The National Environmental Policy Act of 1969 was modeled on the Resources and Conservation Act of 1959. RCA would have established a Council on Environmental Quality in the Executive Office of the President, declared a national environmental policy, and required the preparation of an annual environmental report.

1970s

President Nixon signed NEPA into law on January 1, 1970. The law created the Council on Environmental Quality in the Executive Office of the President. NEPA required that a detailed statement of environmental impacts be prepared for all major federal actions significantly affecting the environment. The "detailed statement" would ultimately be referred to as an environmental impact statement.
On July 9, 1970, Nixon proposed an executive reorganization that consolidated many environmental responsibilities of the federal government under one agency, a new Environmental Protection Agency. This proposal included merging pollution control programs from a number of departments, such as the combination of pesticide programs from the United States Department of Agriculture and the United States Department of the Interior. After conducting hearings during that summer, the House and Senate approved the proposal. The EPA was created 90 days before it had to operate, and officially opened its doors on December 2, 1970. The agency's first administrator, William Ruckelshaus, took the oath of office on December 4, 1970. In its first year, the EPA had a budget of $1.4 billion and 5,800 employees. At its start, the EPA was primarily a technical assistance agency that set goals and standards. Soon, new acts and amendments passed by Congress gave the agency its regulatory authority. A major expansion of the Clean Air Act was approved later that month.
EPA staff recall that in the early days there was "an enormous sense of purpose and excitement" and the expectation that "there was this agency which was going to do something about a problem that clearly was on the minds of a lot of people in this country," leading to tens of thousands of resumes from those eager to participate in the mighty effort to clean up America's environment.
When EPA first began operation, members of the private sector felt strongly that the environmental protection movement was a passing fad. Ruckelshaus stated that he felt pressure to show a public which was deeply skeptical about government's effectiveness, that EPA could respond effectively to widespread concerns about pollution.
The burning Cuyahoga River in 1969 had led to a national outcry. In December 1970 a federal grand jury investigation led by U.S. Attorney Robert W. Jones began, of water pollution allegedly being caused by about 12 companies in northeastern Ohio. It was the first grand jury investigation of water pollution in the area. The attorney general of the United States, John N. Mitchell, held a press conference on December 18, 1970, referencing new pollution control litigation, with particular reference to work with the new Environmental Protection Agency, and announcing the filing of a lawsuit that morning against the Jones and Laughlin Steel Corporation for discharging substantial quantities of cyanide into the Cuyahoga River near Cleveland. Jones filed the misdemeanor charges in District Court, alleging violations of the 1899 Rivers and Harbors Act.
Partly based on such litigation experience, Congress enacted the Federal Water Pollution Control Act Amendments of 1972, better known as the Clean Water Act. The CWA established a national framework for addressing water quality, including mandatory pollution control standards, to be implemented by the agency in partnership with the states. Congress also amended the Federal Insecticide, Fungicide, and Rodenticide Act in 1972, requiring EPA to measure every pesticide's risks against its potential benefits.
Congress passed the Safe Drinking Water Act in 1974, requiring EPA to develop mandatory federal standards for all public water systems, which serve 90% of the US population. The law required EPA to enforce the standards with the cooperation of state agencies.
In October 1976, Congress passed the Toxic Substances Control Act which, like FIFRA, related to the manufacture, labeling and usage of commercial products rather than pollution. This act gave the EPA the authority to gather information on chemicals and require producers to test them, gave it the ability to regulate chemical production and use, and required the agency to create the National Inventory listing of chemicals.
Congress also enacted the Resource Conservation and Recovery Act in 1976, significantly amending the Solid Waste Disposal Act of 1965. It tasked the EPA with setting national goals for waste disposal, conserving energy and natural resources, reducing waste, and ensuring environmentally sound management of waste. Accordingly, the agency developed regulations for solid and hazardous waste that were to be implemented in collaboration with states.

1980s

In 1980, Congress passed the Comprehensive Environmental Response, Compensation, and Liability Act, nicknamed “Superfund,” which enabled the EPA to cast a wider net for parties responsible for sites contaminated by previous hazardous waste disposal and established a funding mechanism for assessment and cleanup.
In April 1986, when the Chernobyl disaster occurred in Ukraine, the EPA was tasked with identifying any impacts on the United States and keeping the public informed. Administrator Lee Thomas assembled an interagency team, including personnel from the Nuclear Regulatory Commission, National Oceanic and Atmospheric Administration, and the Department of Energy to monitor the situation. They held press conferences for 10 days. This same year, Congress passed the Emergency Planning and Community Right-to-Know Act, which authorized the EPA to gather data on toxic chemicals and share this information with the public.
The EPA also researched the implications of stratospheric ozone depletion. Under the leadership of Administrator Lee Thomas, the EPA joined with several international organizations to perform a risk assessment of stratospheric ozone, which helped provide motivation for the Montreal Protocol, which was agreed to in August 1987.
In 1988, during his first presidential campaign, George H. W. Bush was vocal about environmental issues. He appointed as his EPA Administrator William K. Reilly, an environmentalist. Under Reilly's leadership, the EPA implemented voluntary programs and a cluster rule for multimedia regulation. At the time, the environment was increasingly being recognized as a regional issue, which was reflected in 1990 amendment of the Clean Air Act and new approaches by the agency.

Organization

The EPA is led by the administrator, appointed following nomination by the president and approval from Congress. From February 2017 to July 2018, Scott Pruitt served as the 14th administrator. The current administrator is former deputy administrator Andrew R. Wheeler.

Offices

Creating 10 EPA regions was an initiative that came from President Richard Nixon. See Standard Federal Regions.
Each EPA regional office is responsible within its states for implementing the agency's programs, except those programs that have been specifically delegated to states.
Each regional office also implements programs on Indian Tribal lands, except those programs delegated to tribal authorities.

Legal authority

The Environmental Protection Agency can only act pursuant to statutes--the laws passed by Congress. Appropriations statutes authorize how much money the agency can spend each year to carry out the approved statutes. The agency has the power to issue regulations. A regulation interprets a statute, and EPA applies its regulations to various environmental situations and enforces the requirements. The agency must include a rationale of why a regulation is needed. Regulations can be challenged in federal courts, either district court or appellate court, depending on the particular statutory provision.

Related legislation

EPA has principal implementation authority for the following federal environmental laws:
There are additional laws where EPA has a contributing role or provides assistance to other agencies. Among these laws are:
EPA established its major programs pursuant to the primary missions originally articulated in the laws passed by Congress. Additional programs have been developed to interpret the primary missions. Some of the newer programs have been specifically authorized by Congress.
Former Administrator William Ruckelshaus observed in 2016 that a danger for EPA was that air, water, waste and other programs would be unconnected, placed in "silos," a problem that persists more than 50 years later, albeit less so than at the start.

Core programs

Air quality and radiation protection

Ambient standards
The Radiation Protection Program comprises seven project groups.
  1. Radioactive Waste Management
  2. Emergency Preparedness and Response Programs Protective Action Guides And Planning Guidance for Radiological Incidents: EPA developed a manual as guideline for local and state governments to protect the public from a nuclear accident, the 2017 version being a 15-year update.
  3. EPA's Role in Emergency Response – Special Teams
  4. Technologically Enhanced Naturally Occurring Radioactive Materials Program
  5. Radiation Standards for Air and Drinking Water Programs
  6. Federal Guidance for Radiation Protection

    Water quality

Science and regulatory standards

Fiscal mismanagement, 1983

In 1982 Congress charged that the EPA had mishandled the $1.6 billion program to clean up hazardous waste dumps Superfund and demanded records from EPA director Anne M. Gorsuch. She refused and became the first agency director in U.S. history to be cited for contempt of Congress. The EPA turned the documents over to Congress several months later, after the White House abandoned its court claim that the documents could not be subpoenaed by Congress because they were covered by executive privilege. At that point, Gorsuch resigned her post, citing pressures caused by the media and the congressional investigation. Critics charged that the EPA was in a shambles at that time. When Lee Thomas came to the agency in 1983 as Acting Assistant Administrator of the Office of Solid Waste and Emergency Response, shortly before Gorsuch's resignation, six congressional committees were investigating the Superfund program. There were also two FBI agents performing an investigation for the Justice Department into possible destruction of documents.
Gorsuch, appointed by Ronald Reagan, resigned under fire in 1983. Gorsuch based her administration of the EPA on the New Federalism approach of downsizing federal agencies by delegating their functions and services to the individual states. She believed that the EPA was over-regulating business and that the agency was too large and not cost-effective. During her 22 months as agency head, she cut the budget of the EPA by 22%, reduced the number of cases filed against polluters, relaxed Clean Air Act regulations, and facilitated the spraying of restricted-use pesticides. She cut the total number of agency employees, and hired staff from the industries they were supposed to be regulating. Environmentalists contended that her policies were designed to placate polluters, and accused her of trying to dismantle the agency.

TSCA and confidential business information, 1994 (or earlier)–present

TSCA enables the EPA to require industry to conduct testing of chemicals, but the agency must balance such requirements with obligations to provide information to the public and ensure the protection of trade secrets and confidential business information. Arising issues and problems from these overlapping obligations have been the subject of multiple critical reports by the Government Accountability Office. How much information the agency should have access to from industry, how much it should keep confidential, and how much it should reveal to the public is still contested. For example, according to TSCA, state officials are not allowed access to confidential business information collected by the EPA.

Political pressure and scientific integrity, 2001–present

In April 2008, the Union of Concerned Scientists said that more than half of the nearly 1,600 EPA staff scientists who responded online to a detailed questionnaire reported they had experienced incidents of political interference in their work. The survey included chemists, toxicologists, engineers, geologists and experts in other fields of science. About 40% of the scientists reported that the interference had been more prevalent in the last five years than in previous years. The highest number of complaints came from scientists who were involved in determining the risks of cancer by chemicals used in food and other aspects of everyday life.
EPA research has also been suppressed by career managers. Supervisors at EPA's National Center for Environmental Assessment required several paragraphs to be deleted from a peer-reviewed journal article about EPA's integrated risk information system, which led two co-authors to have their names removed from the publication, and the corresponding author, Ching-Hung Hsu, to leave EPA "because of the draconian restrictions placed on publishing". EPA subjects employees who author scientific papers to prior restraint, even if those papers are written on personal time.
EPA employees have reported difficulty in conducting and reporting the results of studies on hydraulic fracturing due to industry and governmental pressure, and are concerned about the censorship of environmental reports.
In February 2017, U.S. representative Matt Gaetz sponsored H.R. 861, a bill to abolish the EPA by 2018. According to Gaetz, "The American people are drowning in rules and regulation promulgated by unelected bureaucrats. And the Environmental Protection Agency has become an extraordinary offender." The bill was co-sponsored by Thomas Massie, Steven Palazzo and Barry Loudermilk.

Fuel economy, 2005–2010

In July 2005, an EPA report showing that auto companies were using loopholes to produce less fuel-efficient cars was delayed. The report was supposed to be released the day before a controversial energy bill was passed and would have provided backup for those opposed to it, but the EPA delayed its release at the last minute.
In 2007, the state of California sued the EPA for its refusal to allow California and 16 other states to raise fuel economy standards for new cars. EPA Administrator Stephen L. Johnson claimed that the EPA was working on its own standards, but the move has been widely considered an attempt to shield the auto industry from environmental regulation by setting lower standards at the federal level, which would then preempt state laws. California governor Arnold Schwarzenegger, along with governors from 13 other states, stated that the EPA's actions ignored federal law, and that existing California standards were almost twice as effective as the proposed federal standards. It was reported that Stephen Johnson ignored his own staff in making this decision.
After the federal government had bailed out General Motors and Chrysler in the Automotive industry crisis of 2008–2010, the 2010 Chevrolet Equinox was released with an EPA fuel economy rating abnormally higher than its competitors. Independent road tests found that the vehicle did not out-perform its competitors, which had much lower fuel economy ratings. Later road tests found better, but inconclusive, results.

Mercury emissions, 2005

In March 2005, nine states sued the EPA. The EPA's inspector general had determined that the EPA's regulation of mercury emissions did not follow the Clean Air Act, and that the regulations were influenced by top political appointees. The EPA had suppressed a study it commissioned by Harvard University which contradicted its position on mercury controls. The suit alleged that the EPA's rule exempting coal-fired power plants from "maximum available control technology" was illegal, and additionally charged that the EPA's system of cap-and-trade to lower average mercury levels would allow power plants to forego reducing mercury emissions, which they objected would lead to dangerous local hotspots of mercury contamination even if average levels declined. Several states also began to enact their own mercury emission regulations. Illinois's proposed rule would have reduced mercury emissions from power plants by an average of 90% by 2009. In 2008—by which point a total of fourteen states had joined the suit—the U.S. Court of Appeals for the District of Columbia ruled that the EPA regulations violated the Clean Air Act.
In response, EPA announced plans to propose such standards to replace the vacated Clean Air Mercury Rule, and did so on March 16, 2011.

Climate change, 2007–2017

In December 2007, EPA Administrator Stephen L. Johnson approved a draft of a document that declared that climate change imperiled the public welfare—a decision that would trigger the first national mandatory global-warming regulations. Associate Deputy Administrator Jason Burnett e-mailed the draft to the White House. White House aides—who had long resisted mandatory regulations as a way to address climate change—knew the gist of what Johnson's finding would be, Burnett said. They also knew that once they opened the attachment, it would become a public record, making it controversial and difficult to rescind. So they did not open it; rather, they called Johnson and asked him to take back the draft. Johnson rescinded the draft; in July 2008, he issued a new version which did not state that global warming was danger to public welfare. Burnett resigned in protest.
A $3 million mapping study on sea level rise was suppressed by EPA management during both the Bush and Obama administrations, and managers changed a key interagency report to reflect the removal of the maps.
On April 28, 2017, multiple climate change subdomains at EPA.gov began redirecting to a notice stating "this page is being updated." The EPA issued a statement announcing the overhaul of its website to "reflect the agency's new direction under President Donald Trump and Administrator Scott Pruitt." The removed EPA climate change domains included extensive information on the EPA's work to mitigate climate change, as well as details of data collection efforts and indicators for climate change.

Gold King Mine waste water spill, 2015

In August 2015, the 2015 Gold King Mine waste water spill occurred when EPA contractors examined the level of pollutants such as lead and arsenic in a Colorado mine, and accidentally released over three million gallons of waste water into Cement Creek and the Animas River.

Collusion with Monsanto chemical company

In 2015, the International Agency for Research on Cancer, a branch of the World Health Organization, cited research linking glyphosate, an ingredient of the weed killer Roundup manufactured by the chemical company Monsanto, to non-Hodgkin's lymphoma. In March 2017, the presiding judge in a litigation brought about by people who claim to have developed glyphosate-related non-Hodgkin's lymphoma opened Monsanto emails and other documents related to the case, including email exchanges between the company and federal regulators. According to an article in The New York Times, the "records suggested that Monsanto had ghostwritten research that was later attributed to academics and indicated that a senior official at the Environmental Protection Agency had worked to quash a review of Roundup’s main ingredient, glyphosate, that was to have been conducted by the United States Department of Health and Human Services." The records show that Monsanto was able to prepare "a public relations assault" on the finding after they were alerted to the determination by Jess Rowland, the head of the EPA's cancer assessment review committee at that time, months in advance. Emails also showed that Rowland "had promised to beat back an effort by the Department of Health and Human Services to conduct its own review."

Conduct of Administrator Scott Pruitt, 2017

On February 17, 2017, Scott Pruitt was appointed administrator by President Donald Trump. The Democratic Party saw the appointment as a controversial move, as Pruitt had spent most of his career challenging environmental regulations and policies. He did not have previous experience in the environmental protection field and had received financial support from the fossil fuel industry. In 2017 the Trump administration proposed a 31% cut to the EPA's budget to $5.7 billion from $8.1 billion and to eliminate a quarter of the agency jobs. However, this cut was not approved by Congress.
Pruitt resigned from the position on July 5, 2018, citing "unrelenting attacks" due to ongoing ethics controversies.

Environmental justice

The EPA has been criticized for its lack of progress towards environmental justice. Administrator Christine Todd Whitman was criticized for her changes to President Bill Clinton's Executive Order 12898 during 2001, removing the requirements for government agencies to take the poor and minority populations into special consideration when making changes to environmental legislation, and therefore defeating the spirit of the Executive Order. In a March 2004 report, the inspector general of the agency concluded that the EPA "has not developed a clear vision or a comprehensive strategic plan, and has not established values, goals, expectations, and performance measurements" for environmental justice in its daily operations. Another report in September 2006 found the agency still had failed to review the success of its programs, policies and activities towards environmental justice. Studies have also found that poor and minority populations were underserved by the EPA's Superfund program, and that this situation was worsening.

Barriers to enforcing environmental justice

Many environmental justice issues are local, and therefore difficult to address by a federal agency, such as the EPA. Without strong media attention, political interest, or 'crisis' status, local issues are less likely to be addressed at the federal level compared to larger, well publicized incidents.
Conflicting political powers in successive administrations: The White House maintains direct control over the EPA, and its enforcement actions are subject to the political agenda of who is in power. Republicans and Democrats differ in their approaches to environmental justice. While President Bill Clinton signed Executive Order 12898, the Bush administration did not develop a clear plan or establish goals for integrating environmental justice into everyday practices, affecting the motivation for environmental enforcement.
The EPA is responsible for preventing and detecting environmental crimes, informing the public of environmental enforcement, and setting and monitoring standards of air pollution, water pollution, hazardous wastes and chemicals. "It is difficult to construct a specific mission statement given its wide range of responsibilities." It is impossible to address every environmental crime adequately or efficiently if there is no specific mission statement to refer to. The EPA answers to various groups, competes for resources, and confronts a wide array of harms to the environment. All of these present challenges, including a lack of resources, its self-policing policy, and a broadly defined legislation that creates too much discretion for EPA officers.
The EPA "does not have the authority or resources to address injustices without an increase in federal mandates" requiring private industries to consider the environmental ramifications of their activities.

Freedom of Information Act processing performance

In the latest Center for Effective Government analysis of 15 federal agencies which receive the most Freedom of Information Act FOIA requests, published in 2015, the EPA earned a D by scoring 67 out of a possible 100 points, i.e. did not earn a satisfactory overall grade.

Scientific integrity official barred from Congressional hearing

On July 17, 2019, the top scientific integrity official from the EPA, Francesca Grifo, was not permitted to testify by the EPA in front of a House committee hearing. The EPA offered to send a different representative in place of Grifo and accused the committee of "dictating to the agency who they believe was qualified to speak." The hearing was to discuss the importance of allowing federal scientists and other employees to speak freely when and to whom they want to about their research without having to worry about any political consequences.