The story
Founded by Richard Nixon on Dec 2, 1970.1
Background
Beginning in the late 1950s and through the 1960s, the US 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 (RCA) of 1959, in the 86th Congress. The bill 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. The conservation movement was weak at the time and the bill did not pass Congress.
The 1962 publication of Silent Spring, a best-selling book by Rachel Carson, alerted the public about the detrimental effects on animals and humans of the indiscriminate use of pesticide chemicals.
In the years following, Congress discussed possible solutions. 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. Congress enacted the National Environmental Policy Act of 1969 (NEPA) and the law was based on ideas that had been discussed in the 1959 and subsequent hearings.
The Richard Nixon administration made the environment a policy priority in 1969–1971 and created two new agencies, the Council on Environmental Quality (CEQ) and EPA. Nixon signed NEPA into law on January 1, 1970. The law established the CEQ 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 (EIS).
Establishment
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.
EPA's primary predecessor was the former Environmental Health Divisions of the U.S. Public Health Service (PHS), and its creation caused one of a series of reorganizations of PHS that occurred during 1966–1973. From PHS, EPA absorbed the entire National Air Pollution Control Administration, as well as the Environmental Control Administration's Bureau of Solid Waste Management, Bureau of Water Hygiene, and part of its Bureau of Radiological Health. It also absorbed the Federal Water Quality Administration, which had previously been transferred from PHS to the Department of the Interior in 1966. A few functions from other agencies were also incorporated into EPA: the formerly independent Federal Radiation Council was merged into it; pesticides programs were transferred from the Department of the Interior, Food and Drug Administration, and Agricultural Research Service; and some functions were transferred from the Council on Environmental Quality and Atomic Energy Commission.
Upon its creation, EPA inherited 84 sites spread across 26 states, of which 42 sites were laboratories. The EPA consolidated these laboratories into 22 sites.
1970s
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 in December 1970.
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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 Cleveland, Ohio, in 1969 led to a national outcry and criminal charges against major steel companies. The US Justice Department in late 1970 began pollution control litigation in cooperation with the new EPA. Congress enacted the Federal Water Pollution Control Act Amendments of 1972, better known as the Clean Water Act (CWA). 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 amended the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) in 1972, requiring EPA to measure every pesticide's risks against its potential benefits.
In 1973 President Nixon appointed Russell E. Train to be the next EPA administrator. In 1974 Congress passed the Safe Drinking Water Act, 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 (TSCA) 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 (with specific mention of PCBs), and required the agency to create the National Inventory listing of chemicals.
Congress also enacted the Resource Conservation and Recovery Act (RCRA) 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.
President Jimmy Carter appointed Douglas M. Costle as EPA administrator in 1977. To manage the agency's expanding legal mandates and workload, by the end of 1979 the budget grew to $5.4 billion and the workforce size increased to 13,000.
1980s
In 1980, following the discovery of many abandoned or mismanaged hazardous waste sites such as Love Canal, Congress passed the Comprehensive Environmental Response, Compensation, and Liability Act, nicknamed "Superfund." The new law authorized 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 a dramatic move to the right, President Ronald Reagan in 1981 appointed Anne Gorsuch as EPA administrator. Gorsuch based her administration of EPA on the New Federalism approach of downsizing federal agencies by delegating their functions and services to the individual states. She believed that 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.
Assistant Administrator Rita Lavelle was fired by Reagan in February 1983 because of her mismanagement of the Superfund program. Gorsuch had increasing confrontations with Congress over Superfund and other programs, including her refusal to submit subpoenaed documents. Gorsuch was cited for contempt of Congress and the White House directed EPA to submit the documents to Congress. Gorsuch and most of her senior staff resigned in March 1983. Reagan then appointed William Ruckelshaus as EPA administrator for a second term. As a condition for accepting his appointment, Ruckleshaus obtained autonomy from the White House in appointing his senior management team. He then appointed experienced competent professionals to the top management positions, and worked to restore public confidence in the agency.
Lee M. Thomas succeeded Ruckelshaus as administrator in 1985. In 1986 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. EPA also researched the implications of stratospheric ozone depletion. Under Administrator Thomas, 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. Following his election victory, he appointed William K. Reilly, an environmentalist, as EPA administrator in 1989. Under Reilly's leadership, the EPA implemented voluntary programs and initiated the development of a "cluster rule" for multimedia regulation of the pulp and paper industry. At the time, there was increasing awareness that some environmental issues were regional or localized in nature, and were more appropriately addressed with sub-national approaches and solutions. This understanding was reflected in the 1990 amendments to the Clean Air Act and in new approaches by the agency, such as a greater emphasis on watershed-based approaches in Clean Water Act programs.
1990s
In 1992 EPA and the Department of Energy launched the Energy Star program, a voluntary program that fosters energy efficiency, and established an Office of Environmental Justice (OEJ) within the enforcement office. The purpose of OEJ was to help coordinate environmental justice work within the various EPA programs, as well as with other federal agencies, and to support efforts to protect communities that were facing disproportionate environmental burdens.
Carol Browner was appointed EPA administrator by President Bill Clinton and served from 1993 to 2001. Major projects during Browner's term included:
Initiation of the Brownfields pilot program in 1995
Initial hazardous air pollution standards for petroleum refineries in 1995
Initial lead paint abatement regulations under TSCA in 1996
Update of the National Ambient Air Quality Standards for particulate matter and ozone in 1997.
In 1994 President Clinton signed Executive Order 12898, which provided more explicit direction to federal agencies on addressing environmental justice. The order directed all federal agencies to consider how their actions might affect minority and low-income communities, especially communities that face higher levels of pollution or other environmental issues.
Since the passage of the Superfund law in 1980, an excise tax had been levied on the chemical and petroleum industries, to support the cleanup trust fund. Congressional authorization of the tax was due to expire in 1995. Although Browner and the Clinton Administration supported continuation of the tax, Congress declined to reauthorize it by 1995. Subsequently, the Superfund program was supported only by annual appropriations, greatly reducing the number of waste sites that are remediated in a given year. (In 2021 Congress reauthorized an excise tax on chemical manufacturers.)
Major environmental legislative updates during the Clinton Administration were the 1996 Food Quality Protection Act and the 1996 amendments to the Safe Drinking Water Act.
2000s
President George W. Bush appointed Christine Todd Whitman as EPA administrator in 2001. Whitman was succeeded by Mike Leavitt in 2003 and Stephen L. Johnson in 2005.
In March 2005 nine states (California, New York, New Jersey, New Hampshire, Massachusetts, Maine, Connecticut, New Mexico and Vermont) 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.
In July 2005 there was a delay in the issuance of an EPA report showing that auto companies were using loopholes to produce less fuel-efficient cars. 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.
EPA initiated its voluntary WaterSense program in 2006 to encourage water efficiency through the use of a special label on consumer products.
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 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 (adopted by many states in addition to California) were almost twice as effective as the proposed federal standards. It was reported that Johnson ignored his own staff in making this decision.
In 2007 it was reported that EPA research was 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". The 2007 report stated that EPA subjected employees who author scientific papers to prior restraint, even if those papers are written on personal time.
In December 2007 EPA administrator 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.
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.
President Barack Obama appointed Lisa P. Jackson as EPA administrator in 2009.
2010s
In 2010 it was reported that 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.
Between 2011 and 2012, some EPA employees reported difficulty in conducting and reporting the results of studies on hydraulic fracturing due to industry and governmental pressure, and were concerned about the censorship of environmental reports.
President Obama appointed Gina McCarthy as EPA administrator in 2013.
In 2014, the EPA published its "Tier 3" standards for cars, trucks and other motor vehicles, which tightened air pollution emission requirements and lowered the sulfur content in gasoline.
In 2015, the EPA discovered extensive violations by Volkswagen Group in its manufacture of Volkswagen and Audi diesel engine cars, for the 2009 through 2016 model years. Following notice of violations and potential criminal sanctions, Volkswagen later agreed to a legal settlement and paid billions of US dollars in criminal penalties, and was required to initiate a vehicle buyback program and modify the engines of the vehicles to reduce illegal air emissions.
In August 2015, the EPA finalized the Clean Power Plan to regulate emissions from power plants, projecting a 15-year cut of 32%, or 789 million metric tons of carbon dioxide. In 2019 it was voided and replaced by the Affordable Clean Energy rule under the Trump administration, and in 2022 its constitutionality was ruled out by the Supreme Court.
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.
From Wikipedia’s article on United States Environmental Protection Agency, shared under CC BY-SA 4.0.4
