EPA Wears Many Hats

The EPA plays several roles. Acting like a miniature Congress, it develops and issues its own regulations. These regulations can be, and 

The EPA also acts as a policeman conducting inspections and investigating incidents. The Division of Compliance conducts inspections of hazardous waste generation facilities and TSDs. The compliance officer will inspect the facility and fill out an inspection report. During the inspection, the compliance officer will do a walk-through tour of the facility, take pictures of any violations, and review the necessary paperwork. The compliance officer will have a closing interview with the operator of the facility and point out any violations. A notice of violation (NOV) will be sent by certified mail. Any violations must be corrected within a time period specified on the NOV The compliance officer will conduct a follow-up inspection to make sure all the violations are corrected. 

At a certain level, the EPA acts as judge and jury. The Division of Enforcement is contacted when a violation is not corrected within the given time period or when penalties for a violation are assessed. Enforcement actions can include civil penalties or criminal charges, which can lead to fines and/or imprisonment. If an EPA inspection does result in a citation, the facility may choose to contest the citation through an appeals process within the EPA instead of paying the fine. The facility has 30 days after receiving the NOV to contest the citation. 

The vast majority of federal environmental issues are handled at the EPA level. There are, however, some critical cases that do wind up in the federal courts. Many environmental statutes contain provisions for criminal penalties. Violations of the criminal provisions are prosecuted in the courts rather than through administrative actions. Under certain, rather narrow circumstances companies may appeal adverse EPA decisions on regulatory violations to the courts. 

Compliance with regulations that govern the handling, storage, transportation, and disposal of hazardous materials is a critical component 

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