United States Environmental Protection Agency

History

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.

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.

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.

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.

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.

In 2015, the International Agency for Research on Cancer (IARC), a branch of the World Health Organization, cited research linking glyphosate, an ingredient of the weed killer Roundup manufactured by the chemical company Monsanto, to non-Hodgkin's lymphoma. In March 2017, the presiding judge in a litigation brought about by people who claim to have developed glyphosate-related non-Hodgkin's lymphoma opened Monsanto emails and other documents related to the case, including email exchanges between the company and federal regulators. According to The New York Times, the "records suggested that Monsanto had ghostwritten research that was later attributed to academics and indicated that a senior official at the Environmental Protection Agency had worked to quash a review of Roundup's main ingredient, glyphosate, that was to have been conducted by the United States Department of Health and Human Services." The records show that Monsanto was able to prepare "a public relations assault" on the finding after they were alerted to the determination by Jess Rowland, the head of the EPA's cancer assessment review committee at that time, months in advance. Emails also showed that Rowland "had promised to beat back an effort by the Department of Health and Human Services to conduct its own review."

2020s

President Joe Biden appointed Michael S. Regan to be administrator in 2021. Regan began serving on March 11, 2021.

In January 2021 the White House announced its "Justice40" Initiative as part of its broader effort to improve equality in minority communities. The goal of the program was to ensure that 40 percent of the benefits from major federal investments go to communities that had been ignored. These investments include climate programs, clean energy projects, and efforts to reduce pollution. Justice40 changed the way federal agencies planned their programs and worked with each other. It guided how they identified disadvantaged communities and how they decided where money and support should go. For the EPA, this meant adjusting some of its grant programs and technical assistance, so they clearly supported the Justice40 goals and showed that the benefits were reaching the communities that needed them most.

In October 2021 EPA announced its "PFAS Strategic Roadmap." PFASs are organofluorine chemical compounds referred to as "forever chemicals". The roadmap is a "whole-of-EPA" strategy and the agency will consider the full life cycle of PFAS, including preventing PFAS from entering the environment, holding polluters accountable, and remediation of contaminated sites. It also will include drinking water monitoring and risk assessment for PFOA and PFOS in biosolids (processed sewage sludge used as fertilizer).

In December 2021 EPA issued new greenhouse gas standards for passenger cars and light trucks. The standards, which will reduce climate pollution and improve public health, became effective for the 2023 vehicle model year.

In March 2022 the Biden administration allowed California to again set stricter auto emissions standards.

In August 2022 the EPA was allotted a listed ~$53.216 billion in funding pursuant to the Inflation Reduction Act (IRA). The EPA listed 24 total initiatives, the most notable among them being greenhouse gas reduction and monitoring, a superfund petroleum tax, replacing current heavy-duty vehicles with zero-emission vehicles, and a methane incentive program.

On February 3, 2023, more than 100 train cars were derailed in East Palestine, and around half of those cars containing chemicals like butyl acrylate, vinyl chloride, and ethylhexyl acrylate. Subsequently, the chemicals combusted into a flame being seen from miles around and the fumes filled the air with residents reporting animals falling ill and a burning sensation in their eyes and nose. The EPA monitered the situation and experts recommended that local residents take part in the EPA's at-home air screening.

Organization

The EPA is led by the administrator, appointed following nomination by the president and approval from Congress.

Offices

Office of the Administrator (OA). As of October 2020, the office consisted of 12 divisions:

Office of Administrative and Executive Services

Office of Children's Health Protection

Children's Health Protection Advisory Committee

Office of Civil Rights

Office of Congressional and Intergovernmental Relations

Office of Continuous Improvement

Office of the Executive Secretariat

Office of Homeland Security

Office of Policy

Office of Public Affairs

Office of Public Engagement and Environmental Education

Office of Small and Disadvantaged Business Utilization

Science Advisory Board

Office of Air and Radiation (OAR)

Office of Chemical Safety and Pollution Prevention (OCSPP)

Office of the Chief Financial Officer (OCFO)

Office of Environmental Justice and External Civil Rights

Office of Enforcement and Compliance Assurance (OECA)

Office of General Counsel (OGC)

Regions

Creating 10 EPA regions was an initiative that came from President Richard Nixon. See Standard Federal Regions. Each EPA regional office is responsible within its states for implementing the agency's programs, except those programs that have been specifically delegated to states.

Region 1: responsible within the states of Connecticut, Maine, Massachusetts, New Hampshire, Rhode Island, and Vermont (New England).

Region 2: responsible within the states of New Jersey and New York. It is also responsible for the US territories of Puerto Rico, and the U.S. Virgin Islands.

Region 3: responsible within the states of Delaware, Maryland, Pennsylvania, Virginia, West Virginia, and the District of Columbia.

Region 4: responsible within the states of Alabama, Florida, Georgia, Kentucky, Mississippi, North Carolina, South Carolina, and Tennessee.

Region 5: responsible within the states of Illinois, Indiana, Michigan, Minnesota, Ohio, and Wisconsin.

Region 6: responsible within the states of Arkansas, Louisiana, New Mexico, Oklahoma, and Texas.

Region 7: responsible within the states of Iowa, Kansas, Missouri, and Nebraska.

Region 8: responsible within the states of Colorado, Montana, North Dakota, South Dakota, Utah, and Wyoming.

Region 9: responsible within the states of Arizona, California, Hawaii, Nevada, the territories of Guam and American Samoa, and the Navajo Nation.

Region 10: responsible within the states of Alaska, Idaho, Oregon, and Washington.

Legal authority

The Environmental Protection Agency can only act pursuant to statutes—the laws passed by Congress. Appropriations statutes authorize how much money the agency can spend each year to carry out the approved statutes. The agency has the power to issue regulations. A regulation interprets a statute, and EPA applies its regulations to various environmental situations and enforces the requirements. The agency must include a rationale of why a regulation is needed. (See Administrative Procedure Act.) Regulations can be challenged in federal courts, either district court or appellate court, depending on the particular statutory provision.

Related legislation

EPA has principal implementation authority for the following federal environmental laws:

Clean Air Act

Clean Water Act

Comprehensive Environmental Response, Compensation and Liability Act ("Superfund")

Emergency Planning and Community Right-to-Know Act

Federal Insecticide, Fungicide, and Rodenticide Act

Resource Conservation and Recovery Act

Safe Drinking Water Act

Toxic Substances Control Act

Frank R. Lautenberg Chemical Safety for the 21st Century Act

There are additional laws where EPA has a contributing role or provides assistance to other agencies. Among these laws are:

Endangered Species Act

Energy Independence and Security Act

Energy Policy Act

Federal Food, Drug, and Cosmetic Act

Food Quality Protection Act

National Environmental Policy Act

Oil Pollution Act

Pollution Prevention Act

Programs

EPA established its major programs pursuant to the primary missions originally articulated in the laws passed by Congress. Additional programs have been developed to interpret the primary missions. Some of the newer programs have been specifically authorized by Congress. Former administrator William Ruckelshaus observed in 2016 that a danger for EPA was that air, water, waste and other programs would be unconnected, placed in "silos", a problem that persists more than 50 years later, albeit less so than at the start.

Core programs

The Office of Air and Radiation (OAR) describes itself as the official authority in charge of "developing national programs, policies, and regulations for controlling air pollution and radiation exposure." The OAR is responsible for enforcing the Clean Air Act, the Atomic Energy Act, the Waste Isolation Pilot Plant Land Withdrawal Act, and other applicable laws. The OAR is in charge of the Offices of Air Quality Planning and Standards, Atmospheric Protection, Transportation and Air Quality, and the Office of Radiation and Indoor Air.

National Ambient Air Quality Standards (NAAQS)

State Implementation Plans (SIPs)

New Source Performance Standards

National Emissions Standards for Hazardous Air Pollutants (NESHAPs)

Permits for industrial and commercial sources

On-road vehicles regulation

Non-road vehicle regulation (including aircraft, locomotives, marine transport, stationary engines)

Transportation fuel controls

National Vehicle Fuel and Emissions Laboratory (NVFEL)

The Radiation Protection Program comprises seven project groups.

Radioactive Waste

Emergency Preparedness and Response Programs Protective Action Guides And Planning Guidance for Radiological Incidents: EPA developed a manual as guideline for local and state governments to protect the public from a nuclear accident, the 2017 version being a 15-year update.

EPA's Role in Emergency Response – Special Teams

Additional programs

The EPA Safer Choice label, previously known as the "Design for the Environment" (since the 1990s) label, helps consumers and commercial buyers identify and select products with safer chemical ingredients, without sacrificing quality or performance. When a product has the Safer Choice label, it means that every intentionally added ingredient in the product has been evaluated by EPA scientists. Only the safest possible functional ingredients are allowed in products with the Safer Choice label.

Through the Safer Detergents Stewardship Initiative, EPA's Design for the Environment (DfE) recognizes environmental leaders who voluntarily commit to the use of safer surfactants. Safer surfactants are the ones that break down quickly to non-polluting compounds and help protect aquatic life in both fresh and salt water. Nonylphenol ethoxylates, commonly referred to as NPEs, are an example of a surfactant class that does not meet the definition of a safer surfactant. The Safer Choice program identified safer alternative surfactants through partnerships with industry and environmental advocates. These alternatives are comparable in cost and are readily available. The CleanGredients website is an information source about safer surfactants.

The Energy Star program, initiated in 1992, motivated major companies to retrofit millions of square feet of building space with more efficient lighting. As of 2006, more than 40,000 Energy Star products were available including major appliances, office equipment, lighting, home electronics, and more. In addition, the label can also be found on new homes and commercial and industrial buildings. In 2006, about 12 percent of new housing in the US displayed an Energy Star label. EPA estimates that the program saved about $14 billion in energy costs in 2006 alone. The program has helped spread the use of LED traffic lights, efficient fluorescent lighting, power management systems for office equipment, and low standby energy use.

EPA's Smart Growth Program began in 1998 and was created to help communities improve their land development practices and get the type of development they want. Together with local, state, and national experts, EPA encourages development strategies that protect human health and the environment, create economic opportunities, and provide attractive and affordable neighborhoods for people of all income levels.

The Brownfields Program started as a pilot program in the 1990s and was authorized by law in 2002. The program provides grants and tools to local governments for the assessment, cleanup, and revitalization of brownfields. As of September 2015, the EPA estimates that program grants have resulted in 56,442 acres of land readied for reuse and leveraged 116,963 jobs and $24.2 billion to do so. Agency studies also found that property values around assessed or cleaned-up brownfields have increased 5.1 to 12.8 percent.

Past programs

The former Construction Grants Program distributed federal grants for the construction of municipal wastewater treatment works from 1972 to 1990. While such grants existed before the 1972, the 1972 CWA expanded these grants dramatically. They were distributed through 1990, when the program and funding were replaced with the State Revolving Loan Fund Program.

In 1991 under Administrator William Reilly, the EPA implemented its voluntary 33/50 program. This was designed to encourage, recognize, and celebrate companies that voluntarily found ways to prevent and reduce pollution in their operations. Specifically, it challenged industry to reduce Toxic Release Inventory emissions of 17 priority chemicals by 33% in one year and 50% in four years. These results were achieved before the commitment deadlines.

Launched in 2006, the voluntary 2010/2015 PFOA Stewardship Program worked with eight major companies to voluntarily reduce their global emissions of certain types of perfluorinated chemicals by 95% by 2010 and eliminate these emissions by 2015.

In March 2004, the U.S. Navy transferred USNS Bold (T-AGOS-12), a Stalwart class ocean surveillance ship, to the EPA. The ship had been used in anti-submarine operations during the Cold War, was equipped with sidescan sonar, underwater video, water and sediment sampling instruments used in study of ocean and coastline. One of the major missions of the Bold was to monitor for ecological impact sites where materials were dumped from dredging operations in U.S. ports. In 2013, the General Services Administration sold the Bold to Seattle Central Community College (SCCC), which demonstrated in a competition that they would put it to the highest and best purpose, at a nominal cost of $5,000.

Controversies

Scope and fulfillment of agency's authority

Congress enacted laws such as the Clean Air Act, the Resource Conservation and Recovery Act, and CERCLA with the intent of preventing and reconciling environmental damages. Beginning in 2018 under Administrator Andrew Wheeler, EPA revised some pollution standards that resulted in less overall regulation.

Furthermore, the CAA's discretionary application has caused a varied application of the law among states. In 1970, Louisiana deployed its Comprehensive Toxic Air Pollutant Emission Control Program to comply with federal law. This program does not require pollution monitoring that is equivalent to programs in other states.

Environmental justice

The EPA has been criticized for its lack of progress towards environmental justice. Administrator Christine Todd Whitman was criticized for her changes to President Bill Clinton's Executive Order 12898 during 2001, removing the requirements for government agencies to take the poor and minority populations into special consideration when making changes to environmental legislation, and therefore defeating the spirit of the Executive Order. The EPA’s environmental justice work has developed in stages. In the 1990s and early 2000s, the agency focused on explaining what environmental justice meant and creating offices and programs to address pollution burdens in communities that were being disproportionately affected. In a March 2004 report, the inspector general of the agency concluded that the EPA "has not developed a clear vision or a comprehensive strategic plan, and has not established values, goals, expectations, and performance measurements" for environmental justice in its daily operations. Another report in September 2006 found the agency still had failed to review the success of its programs, policies, and activities toward environmental justice. Studies have also found that poor and minority populations were underserved by the EPA's Superfund program, and that this situation was worsening. Under the Trump administration (2017–2021 and again starting in 2025), many environmental justice programs were reduced or rolled back. During the Biden administration (2021–2025), EJ work expanded, especially through programs like Justice40.

In August 2022 the EPA was allotted a listed ~42.8 billion in funding from the Inflation Reduction Act (IRA) towards what the EPA classifies as "Advancing Environmental Justice", and published the statement "Through the Inflation Reduction Act, EPA will improve the lives of millions of Americans by reducing pollution in neighborhoods where people live, work, play, and go to school; accelerating environmental justice efforts in communities overburdened by pollution for far too long; and tackling our biggest climate challenges while creating jobs and delivering energy security."

In September 2022 EPA announced the creation of a new Office of Environmental Justice and External Civil Rights that reports directly to the EPA administrator. The new office has an expanded budget and staff with broader responsibilities than under the previous organizational arrangement. As of December 2025, the new administration had dismantled OEJECR and was in the process of laying off OEJECR personnel.

Under the current administration, the office has changed drastically. In February 2025, the EPA took its EJScreen mapping tool and all related training materials off its public website. EJScreen had helped people see environmental and demographic data to identify communities facing higher pollution levels. The Society of Environmental Journalists reported that this removal was part of a wider rollback of environmental justice and diversity resources across the agency’s online platforms. While older copies of EJScreen can still be found through independent archives, taking it off the EPA website made it much harder for the public to access important environmental equity data.

Environmental justice rollbacks (2025-)

In 2025, the Trump administration made broad changes to EPA that greatly reduced the agency’s ability to carry out environmental justice work. Many programs were paused or eliminated, and large numbers of EJ staff were removed from their positions. It can be objectively described as one of the most significant rollbacks of environmental justice capacity in the agency’s history.

In January 2025 the administration ended the Justice40 efforts with Executive Order 14148.

One of the most impactful changes involved the restructuring of the EPA's Office of Environmental Justice and External Civil Rights. The Washington Post reported that more than 450 employees working on environmental justice and diversity programs were told they would be fired or reassigned, which massively shut down its operations.

Additional staff removals followed soon after. Newsweek reported that at least 168 employees were placed on administrative leave after an executive order declared certain diversity, equity, and EJ programs “not related to the agency’s statutory duties.” Earlier that year, 139 employees had already been placed on leave after signing a letter during a federal workforce reduction effort.

At the same time, the EPA’s research division faced major cuts. According to The Guardian, these actions were part of a plan to defund the agency’s main research arm, with senior scientists calling the move “the obliteration of ORD.” Public broadcasters confirmed that by February 2025, many remaining EJ staff were on indefinite leave, and a senior employee described the office as “on life support.”

These staffing changes were paired with the suspension or closure of several environmental justice programs. The Guardian reported that mass layoffs across research and environmental divisions eliminated hundreds of EJ-related positions. The administration said these cuts were meant to refocus the EPA on “core statutory duties,” but many argued they stripped support from communities facing long-term pollution burdens.

Newsweek noted that new executive orders redefined the EPA’s mission to exclude EJ programs and community outreach grants, leaving historically ignored communities without federal assistance for pollution remediation or environmental cleanup. Supporters of the changes argued that the shift returned the agency to its traditional role and reduced supposedly unnecessary spending.

Freedom of Information Act processing performance

In the latest Center for Effective Government analysis of 15 federal agencies which receive the most Freedom of Information Act (FOIA) requests, published in 2015 (using 2012 and 2013 data, the most recent years available), the EPA earned a D by scoring 67 out of a possible 100 points, i.e. did not earn a satisfactory overall grade.

Pebble Mine

Pebble Mine is a copper and gold mining project located in the southwest region of Alaska in the Bristol Bay region organized by Northern Dynasty Minerals. In 2014 the EPA released its statement on the impacts that mining would have on Bristol Bay and its tributaries. Among many things, the statement assesses geological, topographic, ecological, hydrological, and economic data and determined that mining could negatively impact the salmon population. Seeing as Bristol Bay and its watershed provides around 46% of the world's sockeye salmon, the EPA did not want to risk an ecological disaster. In July 2014, before Northern Dynasty Minerals had submitted its EIS, EPA's Region 10 office proposed restrictions pursuant to section 404(c) of the Clean Water Act, restrictions that would effectively prohibit the project. Northern Dynasty Minerals protested this decision and on July 18, 2014, in a published statement, Pebble Partnership CEO Tom Collier said that the project would continue its litigation against EPA; noted that the EPA's action was under investigation by the EPA inspector general and by the House Committee on Oversight and Government Reform; and noted that two bills were pending in Congress seeking to clarify that EPA did not have the authority to preemptively veto or otherwise restrict development projects prior to the onset of federal and state permitting. Collier's statement also said that EPA's proposal was based on outdated mining scenarios that were not part of the project's approach. Multiple journalists and organizations have reported on the controversy including the Natural Resources Defense Council in support of the cancelation of the project and John Stossel in support of the development of the mine. As of 2023, the mine remains a controversial topic.

On January 30, 2023, the EPA vetoed the mine.

Water quality in East Palestine, Ohio

Ohio governor Mike DeWine and administrator of the EPA Michael Regan drank tap water in East Palestine, Ohio, on February 3, 2023, after a train derailment to show that the water was safe. The derailment caused a fire and the release of toxic chemicals into the air and water making locals and environmental groups concerned for the quality of water in the area. Despite the EPA's assurance that the water is safe some residents do not trust the quality of the water and question its long-term effects.

This incident also raised environmental justice concerns. Many residents felt that their community did not receive clear information or enough support during the cleanup, and some believed that a wealthier and more prevalent town might have received faster action and more resources. Community members reported strong odors, health symptoms, and fear of long-term contamination, and they argued that their voices were not taken seriously. These concerns reflected broader environmental justice issues, where communities with fewer resources often struggle to get the same level of protection, transparency, and attention from state and federal agencies.