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The only published work that treats the historical evolution of EPA enforcement, this book provides a candid inside glimpse of a crucial aspect of the work of an important federal agency. Based on 190 personal interviews with present and former enforcement officials at EPA, the U.S. Department of Justice, and key congressional staff members—along with extensive research among EPA documents and secondary sources—the book vividly recounts the often tumultuous history of EPA’s enforcement program. It also analyzes some important questions regarding EPA’s institutional relationships and the Agency’s working environment. This revised and updated edition adds substantial new chapters examining EPA enforcement during the Clinton and George W. Bush administrations. Its treatment of issues of civil service decline and the applicability of captive agency theory is also new and original.

Environmental Enforcement

United States. Congress. Senate. Committee on Environment and Public Works. Subcommittee on Superfund, Toxics, Risk, and Waste Management

Published: 2003

Total Pages: 66


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Prior to the 1980s and the passage of environmental legislation -- esp. the Comprehensive Environ. Response, Compensation, and Liability Act (CERCLA) governing environmental cleanup -- DoD activities contaminated millions of acres of soil and water on and near DoD sites. The EPA places the most contaminated sites on its Nat. Priorities List (NPL) and requires that they be cleaned up in accordance with CERCLA. EPA has placed 140 DoD sites on the NPL. Disputes have recently arisen between EPA and DoD on agreements to clean up some of these sites. This report determines: (1) the extent of EPA's oversight during assessment and cleanup at DoD sites; and (2) why EPA has proposed fewer DoD sites for the NPL since the early 1990s. Illustrations.
One in four Americans lives within 3 miles of a hazardous waste site (HWS). To clean up the highly contaminated sites, the Congress established the Superfund program in 1980. EPA has identified more than 47,000 HWS potentially requiring cleanup actions and has placed more than 1,500 of the most seriously contaminated sites on its National Priorities List (NPL). Cleanup efforts at NPL sites are expensive and can take many years. To fund program activities, a trust fund was financed by taxes on crude oil and certain chemicals, as well as an environ. tax assessed on corp. This report examines the: (1) sources of funding for the Superfund trust fund; and (2) allocation of these resources to Superfund program activities. Illustrations.
This book offers the first comprehensive history of a difficult and often neglected part of EPA's responsibilities - the enforcement of federal environmental standards. Drawing on extensive interviews with the political appointees, administrators, and staff who have provided the agency's direction, as well as his own professional experience with EPA, Joel A. Mintz explores the historical evolution of the agency's enforcement program, its institutional setting within the larger political arena, and its current strengths and shortcomings. This history will be important reading for students of political science, public policy, environmental law, administrative law, anthropology, sociology, and related fields. It should also be read by attorneys who represent parties in enforcement cases initiated by EPA, by the agency's own managers and professional staff, and by public citizens concerned with environmental issues.
Pursuant to a congressional request, GAO reviewed the extent of management information available to the Environmental Protection Agency (EPA) in carrying out its enforcement responsibilities under the Superfund program. GAO found that, while EPA headquarters and regional offices have individual management information systems for tracking Superfund enforcement actions, there is no such system that covers the entire agency. Most such systems were developed in recent years, as the growing Superfund case load prompted program managers to develop systematic ways of tracking enforcement actions. Many EPA officials believe that, if the Superfund enforcement case load continues to increase as expected, an agencywide information system could enable program managers to better address comprehensive Superfund issues such as the length of the enforcement process, whether enforcement milestones are met, and resource allocation. However, EPA has not assessed the feasibility of implementing a comprehensive Superfund enforcement tracking system.