When the U.S. Congress writes an environmental law, the Environmental Protection Agency (EPA) implements it by writing regulations. Often, the EPA sets national standards that each of the states and tribes enforce through their own regulations. If states and tribes fail to meet the national standards, the EPA can help them. The EPA also enforces its regulations and helps businesses understand the requirements.
Businesses and industries with operations that may impact the environment are often subject to regulations written by the EPA. Some examples of businesses and industries subject to EPA regulations include:
• Agriculture
• Automotive
• Construction
• Electric Utilities
• Oil & Gas
• Transportation
• Dry Cleaning
• Education/Schools
• Forestry & Logging
• Health Care & Social Assistance
• Mining
• Manufacturing
• Water & Sewage Utilities
• Public Administration & Government
Businesses in these and other industries must comply with applicable environmental laws and EPA regulations—as well as state environmental laws and regulations. In addition to compliance with environmental laws and regulations, businesses in these industries often must address environmental matters when buying and selling their businesses and entering into transactions for products and services. For example, it is often important in such transactions to allocate risks and costs related to environmental cleanup, compliance, and other issues.
In Delaware, as in other states, businesses and industries are required to comply with both federal and state environmental laws and regulations. The U.S. Environmental Protection Agency (EPA) is responsible for implementing federal environmental laws by creating regulations that set national standards. Delaware's Department of Natural Resources and Environmental Control (DNREC) enforces these standards locally and may also establish additional state-specific regulations. Industries such as agriculture, automotive, construction, utilities, and many others must adhere to these regulations to operate legally. Compliance is crucial not only for ongoing operations but also during business transactions, such as mergers and acquisitions, where environmental liabilities like cleanup costs and compliance issues must be addressed. If Delaware businesses fail to meet the national or state standards, they may face enforcement actions from either the EPA or DNREC, which can include fines, penalties, or other corrective measures. It is advisable for businesses to consult with an attorney to ensure they understand and comply with all relevant environmental regulations.