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Environmental Protection Agency

Jourdan M. Cabe

Jourdan Cabe

on 11 January 2013

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Transcript of Environmental Protection Agency

What is the EPA? EPA Mission Statement Current Administration & Agency Structure Environmental Protection Agency A presentation by Jourdan Cabe The EPA is an independent, regulatory agency.

- They have the responsibility of regulating domestic environmental concerns relating to water, air, chemical, and waste, among others.

- They have rule-making and adjudicatory power to make and determine rules regarding the environment.

- They are tasked with setting federal standards, monitoring compliance with those standards, and ensuring their enforcement.

- The EPA's fundamental goal is to protect the health, safety, and environment. Creation and History: A Timeline of Sorts Executive Order 1110.2 "The mission of the EPA is to protect human health and the environment." All Americans are protected from significant risks to human health where they live, learn, and work.
National efforts to combat environmental risk are based on the best available scientific information.
Federal laws are enforced fairly and effectively.
Environmental protection is an integral and fundamental consideration in U.S. policy concerning all areas of law.
All parts of society have access to information that is accurate, sufficient, and informative regarding their environment.
Environmental protection contributes to making our communities and ecosystems diverse, sustainable, and economically productive.
The United States plays a leadership role in working with other nations to protect the environment, globally. Office of the Administrator Headquarters located in D.C. Admin. & Resource Man. Air & Radiation Chem. Safety & Poll. Prevention Chief Financial Officer Enforce. & Comp. Assurance Environmental Information General Counsel Inspector General International & Tribal Affairs Research & Development Solid Waste & Emergency Response Water Regional Offices Region 1: Boston Region 2: New York Region 3: Philadelphia Region 4: Atlanta Region 5: Chicago Region 6: Dallas Region 7: Kansas City Region 8: Denver Region 9: San Francisco Region 10: Seattle VT, NH, ME, MA, CT, RI PA, WV, MD, DE, DC, VA NY; NJ; PR; USM KY; TN; NC; SC; MS; AL; GA; FL MN; WI; IL; IN; MI; OH NE; IA; KS; MO CA; NV; AZ; HI NM; TX; OK; AR; LA MT; ND; SD; WY; UT; CO AK; WA; OR; ID Craig Hooks, A.A. Gina McCarthy, A.A. Jim Jones, A.A. (acting) Barbara Bennett, CFO Cynthia Giles, A.A. Malcolm Jackson, A.A. Scott Fulton. G.C. Arthur Elkins, Jr., I.G. Michelle DePass, A.A. Lek Kadeli, A.A. Mathy Stanislaus, A.A. Nancy Stoner, A.A. (acting) Office of Enforcement and Compliance Assurance Administration & Policy Administration Management Division

Budget & Financial Management Division

Information Technology Division

Policy & Legislative Coordination Divisions Civil Enforcement Air Enforcement Division

Special Litigation & Projects Divisions

Waste & Chemical Enforcement Division

Water Enforcement Division Criminal Enforcement, Forensic, & Training Criminal Investigation Division

Homeland Security Division

Legal Counsel Division

National Enforcement Investigations Center Compliance Enforcement Targeting & Data Division

Monitoring Assistance & Media Programs Divisions

National Enforcement Training Institute

Planning, Measures, & Oversight Division

Resource Management Staff Environmental
Justice National Environmental Justice Advisory Council

Federal Interagency Working Group Federal Activities International Compliance Assurance Division

NEPA Compliance Division Federal Facilities
Enforcement Office Compliance and Enforcement

Compliance Assistance

Federal Facilities Site Remediation Enforcement Policy & Program Evaluation Division

Regional Support Division

Program Operation Staff Lisa P. Jackson Region Four: Atlanta, Georgia Regional Administrator & Deputy Regional Administrator Air, Pesticides, Toxics Management Environmental
Accountability Resource Conservation & Recovery Act Science & Ecosystem Support External Affairs Superfund Policy & Management Water Protection Gwendolyn Keyes Fleming, Regional Administrator Beverly H. Banister Mary Wilkes Michael V. Peyton Alan Farmer Franklin Hill James Giattina Larry Lincoln Edward Chu Functions of the EPA Rulemaking Enforcing Adjudicating Prosecuting Investigation Licensing 5 U.S.C. 553: 5 U.S.C. 554: Where can the public find information & decisions? Agency Decisions (ALJ) EPA website
Lists decisions in alphabetical order by case name or by date.
EPA also allows access to information regarding Environmental Appeals Board
upcoming oral argument
guidance documents, etc Agency Rules & Guidance EPA website: http://www.epa.gov/lawsregs/topics/
Example: Water
"Water" is then separated by topic, such as Drinking Water
Drinking Water is then broken down into:
Laws & Regulation
Current Drinking Water Regulation
Policy & Guidance

Information can also be located in the ELR - has the full text of all major environmental acts. 5 U.S.C. 556 EPA's Enforcement Process 1) EPA proposes a regulation
2) Proposal placed in Federal Register
3) Public notice and comment 4) Formal hearing regarding proposition
5) Adjustment/revisions
6) Codification in the CFR http://www.epa.gov/lawsregs/getinvolved.html - Opportunity for an agency hearing (where applicable)

- Notice of time, place, and matter of the hearing -- Has the authority to enforce policy in regards to air, water, waste & chemical, and criminal matters involving statutory violations. All applicable statutes 1. An environmental problem is identified (by anyone!) 2. Congress passes laws to address environmental problems (in the grand scheme of things, this has already been done to an extent). 3. EPA issues regulations to implement the laws.

4. Compliance assistance helps the regulated community understand and comply with regulations.

5. Compliance monitoring assesses compliance through inspections and other activities.

6. Enforcement actions are initiated when the regulated community does not comply, or cleanup is required.

7. Protection of the public health and environment! Cite: Robert W. Collin, "The Environmental Protection Agency: Cleaning Up America's Act 4 (Greenwood Press, 2006). Rachel Carson's book "Silent Spring" is released. May: President Nixon established the Environmental Quality Council.

December: Congress sends the "National Environmental Policy Act" to the President. heavily criticized called for "a national harmony... to encourage harmony between man and the environment."
sought to promote efforts to eliminate environmental change January: President Nixon signs NEPA into law

April: Roy Ash issues report assessing domestic environment issues and calls for federal oversight.

July: Nixon issues Reorganization Plan No. 3

December: Nixon issues Executive Order 1110.2 creating the EPA
. Simultaneously established the Council on Environmental Quality Called for environmental standards, research, and assistance to the CEQ. Also, the first Earth Day! Cite: Jack Lewis, "Birth of the EPA," Envtl. Protection Agency J., Nov. (1985). Implemented the initial organizational structure of the EPA.

Named the need for an Administrator and a Deputy Administrator.

Created the Office of Administration
Public Affairs
Legislative Liason
Equal Opportunity
International Affairs

Established 11 additional offices

Each named office, division, and position came with a detailed intelligible principle The initial organizational structure: http://www.epa.gov/aboutepa/history/images/fig1.gif given the general weight of responsibility each reports directly to the Administrator including the offices of: water quality, air pollution, pesticides Cite: Exec. Order No. 1110.2, 40 C.F.R. 1 (1970). Cite: "Our Mission and What We Do," Environmental Protection Agency (Aug. 31, 2012), http://www.epa.gov/aboutepa/whatwedo.html Cite: "EPA Organizational Structure," Environmental Protection Agency (Aug. 31, 2012) http://www.epa.gov/aboutepa/organization.html Cite: "About the Office of Enforcement and Compliance Assurance," Environmental Protection Agency, (Aug. 31, 2012) http://www.epa.gov/aboutepa/oeca.html. Cite: "About EPA Region 4 (Southeast)," Environmental Protection Agency, (Aug. 31, 2012) http://www.epa.gov/aboutepa/region4.html. Maintained and monitored by the Criminal Enforcement Division
Has the ability to charge, convict, and/or penalize violators (via DOJ) Inspector General Act of 1978 Office of Inspector General

Performs audits, evaluations, and investigations to meet EPA mission statement 40 C.F.R. Every department can issue permits and licenses within their regulatory power
Licensing and permitting varies by department and region. Cite: http://www.epa.gov Cite: http://www.epa.gov/enforcement/index.html The Ultimate Question: Does the EPA have too much power? DISCUSS! Cite: http://www.epa.gov/lawsregs/enforcement/ Accountable to the President!
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