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FEDERALhearing transcript

Senate Hearing on EPA Enforcement Practices

Original title: OVERSIGHT OF U.S. ENVIRONMENTAL PROTECTION AGENCY ENFORCEMENT AND COMPLIANCE PROGRAMS

January 1, 2016

EPAEnvironmental RegulationCongressional OversightEnforcementClean Water ActClean Air Act

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The Frame

What this does

This hearing serves as a formal congressional review of how the EPA enforces environmental laws, which directly impacts the regulatory burden, legal risks, and compliance costs for businesses, farmers, and local governments.

Who is mentioned in the record

Potentially affected actors named in the source documents. Mention is not a position.

Farmers and Landowners

They are subject to EPA investigations and potential fines under the Clean Water Act.

Oil and Gas Companies

They are subject to EPA enforcement actions and information requests under the Clean Air Act.

U.S. Environmental Protection Agency

The agency is required to respond to congressional oversight regarding its enforcement policies and methods.

What changed

Last recorded activity January 1, 2016.

What's next

Next step not available in the current record.

Summary

The Senate Subcommittee on Superfund, Waste Management, and Regulatory Oversight held a hearing on June 29, 2016, to examine the enforcement and compliance methods used by the U.S. Environmental Protection Agency (EPA). The hearing focused on concerns regarding the agency's use of aggressive penalties and investigative tactics against businesses and private landowners.

Key Facts

  • The hearing was held on June 29, 2016, by the Subcommittee on Superfund, Waste Management, and Regulatory Oversight.
  • The EPA's Office of Enforcement and Compliance Assurance (OECA) is responsible for administering civil and criminal environmental enforcement programs.
  • The EPA derives enforcement authority from laws including the Clean Air Act, Clean Water Act, and the Resource Conservation Recovery Act.
  • Senator Rounds cited a 2015 case where the EPA threatened a Wyoming farmer, Andy Johnson, with $16 million in fines regarding a stock pond.
  • The hearing addressed the EPA's use of aerial surveillance to investigate potential Clean Water Act violations on farms in Iowa and Nebraska in 2012.
  • The subcommittee discussed the EPA's use of Section 114 information requests under the Clean Air Act.
  • Concerns were raised regarding EPA regional administrators' past statements about enforcement strategies toward oil and gas companies.

Frequently Asked Questions

What is the purpose of the EPA's Office of Enforcement and Compliance Assurance?
It administers the agency's environmental enforcement programs and provides compliance assistance to regional offices, states, businesses, local governments, and tribes.
What specific EPA enforcement tactics were criticized during the hearing?
Critics pointed to the use of aerial surveillance, the imposition of large fines for minor administrative errors, and the use of aggressive language by agency officials.

Why It Matters

This hearing serves as a formal congressional review of how the EPA enforces environmental laws, which directly impacts the regulatory burden, legal risks, and compliance costs for businesses, farmers, and local governments.

News Coverage

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Sponsors

Discoveries

Patterns POLISCOPE noticed across the record. These are observations to investigate, not conclusions.

policy shift90% confidence

Shift in Oversight Focus

The hearing marks a period of intense congressional scrutiny regarding the EPA's transition from compliance assistance to aggressive enforcement tactics.

U.S. Environmental Protection AgencyMike Rounds

Connected Entities

personCynthia Giles“Assistant Administrator of the Office of Enforcement and Compliance Assurance at”Map →
organizationU.S. Environmental Protection Agency“Federal agency subject to oversight”Map →
personAndy Johnson“Wyoming farmer involved in a dispute with the EPA over a stock pond”Map →
personEdward J. Markey“U.S. Senator from Massachusetts”Map →
personMike Rounds“U.S. Senator from South Dakota and Chairman of the Subcommittee”Map →

Sources

Open source document

www.govinfo.gov

Analysis Score

0–100
  • Significance65
    How much this matters to a regular citizen
  • Controversy75
    Intensity of disagreement among stakeholders
  • Entertainment40
    Compellingness for a non-policy-wonk reader
  • Buzz30
    Current news / social attention level

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