Environmental testing, official methods, and attitudes toward noncompliance
The US Environmental Protection Agency (EPA) has established longstanding regulations that prescribe the analytical procedures to be followed when parties submit information pursuant to regulatory programs. However, problems associated with unnecessary or irrational testing requirements along with the difficulty in obtaining approval of alternate procedures, has resulted in widespread noncompliance with those regulations. For the most part, agencies have tolerated this attitude of noncompliance and have in some ways contributed to it by adopting testing requirements that make little or no sense. Unfortunately, this complacency leaves agencies and regulated parties vulnerable to legal problems, such as court challenges to environmental permits. Regulatory agencies should confront the problems that have led to pervasive noncompliance and amend regulations to reflect that concerns about having useful data frequently override concerns about the national uniformity of test methods. In addition, the regulated community should be more mindful of the legal enforceability of promulgated testing requirements and affirmatively address those concerns with the promulgating agencies.
- OSTI ID:
- 6452332
- Journal Information:
- Environmental Management, Vol. 24:2; ISSN 0364-152X
- Country of Publication:
- United States
- Language:
- English
Similar Records
Management audits in utility rate cases: a brief look at the law
Threshold considerations in deciding to conduct an environmental audit and the scope of the audit