The federal government agency which has the mandate to govern and protect the milieu and human wellbeing in the United State is the U.S. Environmental Protection Agency (EPA also known as USEPA).This agency is responsible for the scripting and implementing regulations that are generally supported by the rules which are usually passed and amended by the congress (U.S. Environmental Protection Agency, 133). The main headquarters of this organization is in Washington D.C and is here where all the environmental rules are foreseen and program implementation authenticated for other federal agencies that are regulated by this agency.
This agency commenced operation in the year 1970 20th of December; this was after it was by president Richard Nixon proposed. President Nixon signed the regulation within the agency into law after the agency establishment was authenticated through by the members of the congress. This has seen the agency from since having the mandate of the chief liabilities in the whole of the states in America for administering and regulating the policies that are concerned with the environmental safety.
The president of the Unites State is the only one, who has the full capability of appointing the administrator of this organization. However, there is no connection of the agency with the cabinet in any way, after been appointed the administrator is also offered a position in the cabinet ranking, the administration that is now led by president Barrack Obama appointed Lisa P. Jackson as the current administrator for this agency (Government Institutes).
The number of the employees that are registered in the payroll of EPA accumulate up to 18,000, this are mainly the full time laborers of the agency, they are divided into several department of engineering, scientists and ecological defense analysts, this are considered the key players in the agency the other department include public affairs, computer whiz and legal and financial departments. This agency all over the United State has ten regional offices and also houses about twenty seven laboratories all over this region, this are the main centers that the agency performs most of the analytical research, assessment and environmental edification.
This agency main function is usually to lay down and impose regulation that govern under several ecological rules national standards, this they perpetuate with incorporating and consulting with different government and non governmental bodies such as the state, the local government and the community of the whole country. It has the power to permit, monitor and impose the standard conscientiousness to all the natives which are in America and the locals of the states. These enforcement has some penalties for those who are founding flouting the regulation that are emplaced this includes sanctions, jail terms and fines among the few remedies that are enforced by this agency. This agency also incorporates other governmental organization into forming drives and programs that are beneficial to the environment and which enhance conservation matters which are ecologically related (William, 44).
Role of Regulation in United State
The rules that would govern the environmental issues like degradation, pollution and green house gases (carbon) emission became a concern in the 1970s, this made the then president Richard Nixon to impact on ecological and preservation of the environment campaign that resulted to the proposing and establishment of EPA (Ferrey, 74). This the president conveyed with executive orders to the congress of the U.S the planned which was initiated as the Reorganization Plan No. 3 of 1970.
This formed the agenda of the establishment of EPA; this was considered to be a single self-governing bureau which had other smaller arms formulated under it, which hosted other various arms of national bureaus (US National Research Council, 90). The government before the establishment of EPA had not structured any mechanism that was in charge of regulating and enforcing comprehensively on the pollution, this was a mina concern due to the effect that pollution has in causing harm to the health of humans and the degradation effect that it impacted on the ecosystem.
After the establishment the roles of regulation and enforcing the appropriate rules that governs the well being of human and the task for mending the harm committed to the natural ecosystem was assigned to EPA. This gave the agency the mandate of establishing criteria that are favorable to making the environment cleaner and enhancing the good health to the residence of this country. The programs were branded making America to be clean and safer country for the next generation. This made this agency to enter into the many independence bureaus that have an executive branch in the government of the United State. The main regulating power for the roles that it performs is generally derived from pollution control programs, this are basically allocated to them by the congress amended statures (Government Institutes).
Over years that have passed the success story of the agency in regulating pollution in all the states in the United State, there were couple of unyielding years this are in the 1980s and the early 1990s when congress were in tug of war over incorporating the bureau with the cabinet echelon department, however, this did not succeed as the agency still retained the independent title, although a confirmation by the senate after the appointing by the president is injected.
The administrator as the executive of the Bureau is answerable to the president although they are not a member of the cabinet of the United State. There are assistant administrators that are employed to oversee that the primary programs that the agency are responsible with are running effectively. They are responsible for all the responsibilities that this bureau is in charge of, these includes regulation on pollutants, pesticides, prescription drugs and drugs trafficking, development and research, solid waste and water (Marc Et al. 72).
To sum up, EPA’s activity can be divided into two large sections: the first one is administering the laws passed by congress; the second one is the rules which EPA creates. as a rule, laws are rather general, and to keep order in the area controlled by these laws and to provide their functioning, it is necessary to elaborate additional regulative documents.
There are six general topics in rulemaking by EPA: Air, Water, Pesticides, Toxic Substances, Waste, and General. Each of these topics relates to a series of laws: for example, the “Air” topic includes rulemaking connected with the Clean Air Act: this act has granted EPA with authority to develop amending initiatives (Rulemaking Gateway).
- Rulemaking by EPA has the following stages:
- Stage of Pre-Proposal.
- Proposal (at this stage, the initiation is available for public feedback).
- Final Rule is Published.
- End of Development (Rulemaking Gateway).
According to Turner (93) all the funding of the drives and the running of the bureau are regulated by the congress, this also financed by several other nongovernmental investors that are aligned with the agency. Under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) this agency did discharge the final guideline that mandate the legal responsibility of tenable lenders, this was regulated and enforced by the agency under the provision of this act in April. However, the agency expectation were aimed high as the outcome was not as it had been targeted, this was not the case because under the new regulations there are exemption under the provision of CERCLA, which does not favor secured creditor, although this change is aimed at reducing the burden from real estate investors not the associated corporations that feel that the regulation does not favor them (Sparrow, 86).
However, after clear elucidation it showed that the regulation never the less does not entirely cover the assumed financial burden of the investors, this is because there is bound to be more confusion as the regulation are tricky to understand, this is because it states it for but in the end it is against which it has alleges that it regulates. This has brought speculation of litigation by environmentalist and the producers in due month, this is in the view that the new regulation far surpasses the legal immunity that is mandated to the secured creditors (Lee, 100). However, because this has not fully been impacted upon and the stakeholders have not raised concerned the government is yet to regulate the lending option that have been amended in the CERCLA Act rules and regulation, the federal government addressing this have promised that the government would look into the plight of the grief party and try to amend the areas that have brought about confusion. This leaves the investors in the dark awaiting the federal government word of the amendment on the lending exemption correction to be injected in the CERCLA rules to be revised for probable transformation.
The laws in this field are aimed at protecting human health and environment. EPA administers a range of laws; here some of them are listed:
- Atomic Energy Act (AEA);
- Chemical Safety Information, Site Security and Fuels Regulatory Relief Act;
- Clean Air Act (CAA);
- Clean Water Act (CWA) ;
- Comprehensive Environmental Response, Compensation and Liability Act (CERCLA, or Superfund);
- Energy Policy Act, and others.
As well, EPA fulfills rulemaking in this field. It is focused mainly at providing exact quantitative indicators which are the guides for industrial enterprises, local power, etc. This process is carried rather actively: each month, EPA initiates a series of regulatory actions. For example, during April 2010, 6 initiations took place. One of them is Water Quality Standards for the State of Florida’s Estuaries and Coastal Waters: it is aimed at quantitative limitation of pollution in estuaries and coastal waters of Florida. It is obvious that a law cannot consider such minor details; that is why EPA makes specifications. This initiation is certainly a rather important measure: estuaries and coastal waters have huge influence on human health, which is in turn the basic of the nation’s human capital (Water Quality Standards for the State of Florida’s Estuaries and Coastal Waters).
- This is an example of amendments to the law; sometimes, EPA offers independent initiatives. For example, one of their projects is Gas Mandatory Reporting Rule Requirements, and supplementing Corporate Parent and NAICS Code in the Greenhouse Gas Mandatory Reporting Rule Requirements (proposal phase). This initiative outlines a circle of agents which will report EPA annually: they are suppliers of petroleum, gas and industrial gases, as well as facilities with defined GHG emissions and a range of vehicle and engine manufacturers; EPA also states that Corporate Parent and NAICS Code should be included to the report (Corporate Parent and NAICS Code in the Greenhouse Gas Mandatory Reporting Rule Requirements).
- These are rather useful initiations: they will help public and corporations to assess GHG emission of different facilities. These reports will provide timely and structured flows of information which will help EPA in its regulation concerning greenhouse gas, which means that this regulation will become more effective. The final result of regulation of greenhouse gas emission is holding back the serious climate change which becomes more and more intensive. As well, reporting to EPA will make the agents more responsible.
- Such projects need institutionalization: they require creating the body responsible for collection and procession of this information. Federal government and other institutions are likely to be involved in this process.
US Environmental Protection Agency (EPA)
The primary responsibilities of United States Environmental Protection Agency (EPA) is basically to regulate and make obligatory ecological rules, this include the CERCLA Act, Clean Air Act, Recovery Act and many more beneficial provisions that are passed by the congress in favor of EPA rules. These rules are instilled that they maybe conformed in the national, local government and state level of governance. The rules give EPA the authority to inject and deploy sanctions and charge fines to those that flout the regulations (U.S. Environmental Protection Agency, 222).
Among the major success of this agency is mostly relied on the ban emplacement on toxic material that is harmful to the ecosystem and the advocating for a clean and safe nation. One of the accomplishments that have been well deserved and came at the best time due to the implication that it would have later caused is the ban on the utilization of the DDT pesticide, another which was highly ranked by the United Nation is the cleaning up of the country worst nuclear power plant in the Three Mile Island and funding of Superfund which is responsible for cleaning of the toxicities areas in the nation and the reduction of ozone aerosols chemicals and the regulation that eradicated chlorofluorocarbons sites in the whole country.
In assistance to the states governments EPA, offers all the state government ecological concerns, this is done through provision of research grant and they also offer fellowship for graduates (Ferrey, 65). The agency mandates in the provision of scholarship to local public edification in enlightening the community to indulge in the ecological protection programs, this is offered in the level of public and personal. This agency also offers funds to the states governance and non governmental organization that are in the facilitating and practicing the regulation that are set by the Agency. They also are the major beneficiary funders of most of the major large scale development projects such as the Drinking Water State Revolving Fund, this drive major objectives is to provide safe and clean drinking water for the habitant of United States.
EPA is the only registered government funded independent agency in the United States, however, there are other organization which are also federally funded by the government to perform the same tasks and responsibilities of taking care of the ecological systems. However they do not have the mandate to enforce the rules like EPA but they only act on behalf of the agency, these federal agencies are centralized in the responsibilities of other programs which are also funded chiefly by EPA, this includes managing of public utility lands and all natural habitat and these mostly apply to the safeguarding of the endangered species and species that are near extinction (Government Institutes).
The governance of the United States only mandates that EPA have the authoritative power to enforce and regulate under all federal government control of pollution (Turner, 112). This is derived from the stated mission of this agency which acclaims that the main aim of this agency is to guard the health of human beings and offer protection to the natural ecosystem which life is dependant.
The creation of this agency is highly associated with creation of a protocol that would govern the other federal agencies that are aligned to the provision of safeguarding the health and well being of the human being and also to halt pollution and degradation of the environment. EPA establishment consolidated all the other agencies like Federal Water Quality Administration which was responsible for regulation of water pollution programs, regulation of pollution of the ecosystem and waste management under the Department of Health, Education and Welfare and the regulation of pesticides under the jurisdiction of Department of Agriculture. EPA harmonized these departments and provided the right regulation for each individual requirement on every division of jurisdiction, and provided them with clear regulatory responsibility aimed at protecting the ecosystem and enhancing the health of human beings. These are commemorated as the agency first opened door to the commencement of business on December2, 1970 (William, 42).
Advantages of US Environmental Protection Agency (EPA)
Among the world one of the most recognized environmental agency with a record of stream of success in matters that are concerned with the ecosystem. This organization have provided remedies or rallied for them by providing funding to the agency that is regulating the projects, it also offers all the state government ecological concerns, this is done through provision of research grant and they also offer fellowship for graduates (Marc Et al, 11).
The agency mandates in the provision of scholarship to local public edification in enlightening the community to indulge in the ecological protection programs, this is offered in the level of public and personal. This agency also offers funds to the states governance and non governmental organization that are in the facilitating and practicing the regulation that are set by the Agency.
According to Sparrow (100) EPA has supported and funded and been accredited to be the major beneficiary funders of most of the major large scale development projects such as the Drinking Water State Revolving Fund, this drive major objectives is to provide safe and clean drinking water for the habitant of United States. Under the agency Recovery act, in Colorado, Denver and California more than $ 500 is said to have been pumped into the project of waste water and drinking water projects that is aimed at provision in the future of clean water in the taps and streams even for the future generation. This projected which incorporated these states Department of Public Health and Environment and help in funding the drives, also in the process offered about 1,000 job opportunities. This only falls within the duration of five month after instilling the project, the safe drinking water initiative has been appraised by other countries government who are allies with the United State.
These projects are funded by the Revolving Loan funds which are reimbursed by EPA, the most flexible aspect on the loan credit facilities is that there is a provision of substantial loan forgiveness; this will actually benefit the community by easing of the economic burden of loan reimbursement forgiveness provision.
EPA involvement in recycling has helped reduce the amount of waste products that cannot decay like plastic, steel and polyethylene materials. The recycling project have also been providing economic benefits to the whole community by increasing a form of employment, and enhancing safe environment and creation of raw material which also enhance provision of other services in different areas (Lee, 231).
Disadvantages of US Environmental Protection Agency (EPA)
In every successful organization there are always errors that are committed by or within the organization or the management; however, some of this aspects are usually mere speculation and criticism. Over the last three decade that EPA has been in operation that is in regard to environmental regulations there has been criticism on the regulation and enforcing of the environmental rules, most of the critics acclaims that EPA uses an anachronistic approach by enforcing the control and command of the regulatory rules, this organization has been further criticized to be ossified in novelty obstruction, ecological improvement hindrance, undemocratic, confuses when trying to adapt which regulatory reinvention to enforce and this agency has been termed to be economically incompetence. This has brought speculation of litigation by environmentalist and the producers in due months, this is in the view that the new regulation far surpasses the legal immunity that is mandated to the secured creditors (U.S. Environmental Protection Agency, 193).
There has been struggle within the agency of implementing own reforms, this was basically noted while trying to inject Project XL, this project stand for Excellence in Leadership. This agency has been a regulatory body which enforces other federal agencies and mandates its authority over other organization in crisis unraveling, lithe approach of enforcing collaboratively and compliance to federal and state rules (Government Institutes).
This organization has failed doing so because they have wrangle within the managerial structure. This is best seen when EPA delays to present the report that could have revealed that car manufactures were using some loopholes in the regulation instilled by the agency into the production of less fuel competent motor vehicles caused the controversial energy bill to be passed. The delay allowed the bill to have a pass although it was highly debated against it, after this discovery as the agency had to release the report a day prior to the day that the bill as to be passed. The then administrator acted upon his own merit without consulting the other stakeholders, this are just one of the major flaws within the executive ranks.
The regulation also set by EPA although are there to regulate some of the critics speculate that after clear elucidation it showed that the regulation never the less does not entirely cover the assumed financial burden of the investors, this is because there is bound to be more confusion as the regulation are tricky to understand, this is because it states it for but in the end it is against which it has alleges that it regulates. This has been viewed that the agency unanimity ends when trying to regulate even the smallest chore and innovation. This is due to failing of implementing project XL within their managerial structures (Marc Et al, 74).
EPA has provided the best environment safety and enhanced healthy etiquettes for the well being of the residence and the natives that are within the boundaries of United States of America (Lee, 67). During the time that this organization has been in existence there has been tremendous achievement that has been associated with the agency, however, where there is success there is always bound to be criticism and speculations of how things should have been done.
Some of the critics although they represent some pints of truth in them, there are basically about the agency manner of operation are basically on the regulation and reform that the organization enforces, another is the manner which the organization is managed, this is because in the year 2005, this organization delays delivering a report that would they changed the course of certain bill that was passed. The administrators at that time acted pro government whom were for the bill, this taking of sides on an agency which is for the people brought about uproars and decrease the trust of the public on the agency ((Marc Et al, 173).
Environmentalists are the number one claimers that EPA is not acting upon it mandate of protecting the health for the public, and also that they are in the name of enhancing and supporting and advocating for environmental protection drives, they are in these pretence also degrading the same environment that they have sworn to serve. This has been discovered that the material that they use mostly in the clean water programs contained some residues of harmful metal substance (Sparrow, 32).
However, the success of the organization in controlling and regulating environmental and public health safety has surpassed the criticism that has been outlay by the faith and the accomplishment that the public have seen and benefited from (U.S. Environmental Protection Agency, 233).
Corporate Parent and NAICS Code in the Greenhouse Gas Mandatory Reporting Rule Requirements. United States Environmental Protection Agency. n.d. Web. 2010.
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Lee, Kai. Compass and Gyroscope: Integrating Science and Politics for the Environment. Washington, D.C.: Island Press, 1993. Print.
Marc, Roberts, and Thomas, S. The Environmental Protection Agency: Asking the Wrong Questions. Oxford: Oxford University, 1990. Print.
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Water Quality Standards for the State of Florida’s Estuaries and Coastal Waters. United States Environmental Protection Agency. n.d. Web. 2010.
William, S. F. “Hybrid Rulemaking under the Administrative Procedure Act: A Legal and Empirical Analysis.” Chicago: University of Chicago law review. 42(3) (2000) 40-111. Print.