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Office of Regional Counsel
Eric Schaaf, Regional Counsel
Responsible for all regional legal activities, including coordination and conduct of enforcement and defensive litigation, review of regional legal actions such as state delegations, permit actions, Federal Register notices and other activities that raise legal questions. This office also interprets Agency guidance, regulations and statutes and coordinates legal and enforcement activities with state, tribal and local governments.
Organization and Functions of ORC (issued December 23, 1997)
Regional Counsel: The Regional Counsel is responsible for the development, implementation and coordination of all Regional legal activities. These include coordination and conduct of enforcement and defensive litigation, legal aspects of the Region's financial assistance activities including grant appeals and bid protests, review for legal sufficiency of many Regional actions such as State delegations, permit actions, Federal Register notices, etc., and various other Regional actions, and activities which raise legal questions, interpretation of Agency guidance, regulations and statutes, and coordination of legal and enforcement activities with State and local governments. Acts as Deputy Agency Ethics Officer. The Regional Counsel manages and supervises the ORC legal and clerical staff. ORC responsibilities include the functions of the Regional Hearing Clerk and attorneys who serve as regional Presiding Officers.
Deputy Regional Counsel: The Deputy Regional Counsel participates fully in the direction, control and management of the Office and acts as Regional Counsel in the absence of the Regional Counsel.
Associate Regional Counsel for Criminal Enforcement: The Associate Regional Counsel for Criminal Enforcement coordinates legal aspects of the Region's criminal enforcement program in all media. Serves as the principal advisor to the Regional Counsel and Regional program managers on legal matters concerned with criminal enforcement activities. Serves as team leader for additional Regional Criminal Enforcement Counsel attorneys.
Associate Regional Counsel for Caribbean Programs: The Associate Regional Counsel for Caribbean Programs coordinates legal aspects of the Region's civil enforcement program in all media, working with the appropriate supervisors and staff in other units of the Office of Regional Counsel. Serves as team leader for attorneys located in the Caribbean Environmental Protection Division.
Air Branch: The Air Branch conducts all legal activities arising under the Clean Air Act (CAA) and related statutes (including legal support for the Regional radiation and indoor air quality programs). These include review of Notices of Violation and Notices of Noncompliance under the CAA, administrative Complaints, negotiations of settlements, preparation and review of administrative Orders and judicial litigation referral packages. Conducts administrative litigation activities arising in connection with such action, including drafting of pleadings, motions, and briefs; cooperates with the Department of Justice and U.S. Attorney's Office in conduct of judicial litigation activities. The Branch cooperates with EPA Headquarters and the Department of Justice on defensive litigation involving regional matters arising under the Clean Air Act. The Branch reviews for legal adequacy proposed permits, SIP revisions, State grants and enforcement agreements, and provides other legal services to the Regional air pollution control program.
Waste & Toxic Substances Branch: The Waste & Toxic Substances Branch conducts all legal activities arising under the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA), the Solid Waste Disposal Act, as amended by and often referred to as the Resource Conservation and Recovery Act (RCRA), the Toxic Substances Control Act (TSCA), portions of the Emergency Planning and Community Right to Know Act (EPCRA), and several other, related pieces of legislation.
The Branch conducts the legal activities arising under RCRA and related statutes. These include review of administrative Complaints, negotiations of settlements, and preparation and review of administrative Orders and judicial litigation referral packages. The Branch conductsadministrative litigation activities arising in connection with such actions, including drafting of pleadings, motions and briefs; and cooperates with Headquarters, the Department of Justice and U.S. Attorneys' Offices in conduct of judicial litigation activities, including defensive litigation involving regional matters. The Branch handles review of RCRA permits and permit appeals. The Branch cooperates with EPA Headquarters and the Department of Justice on defensive litigation involving regional matters arising under RCRA. The Branch reviews for legal adequacy proposed State delegations or authorizations, proposed State grants and enforcement agreements, and provides other legal services to the Regional RCRA program.
The Toxic Substances Team conducts legal activities arising under TSCA, FIFRA, and parts of EPCRA and RCRA. These include review of administrative Complaints, negotiations of settlements, preparation and review of administrative Orders and judicial litigation referral packages. The Team conducts administrative litigation activities arising in connection with such actions, including drafting of pleadings, motions and briefs; and cooperates with the Department of Justice and U.S. Attorneys' Offices in conduct of judicial litigation activities. The Team cooperates with EPA Headquarters and the Department of Justice on defensive litigation involving regional matters arising under these statutes. The Team reviews for legal adequacy permits/approvals, proposed State delegations or authorizations, and enforcement agreements for these programs, and provides other legal services as required.
Water and General Law Branch: The Water and General Law Branch conducts all legal activities arising under the Clean Water Act (CWA), the Marine Protection, Research and Sanctuaries Act (MPRSA), the Safe Drinking Water Act (SDWA), the Oil Pollution Act (OPA), the Ethics Reform Act of 1989 and various government-wide statutes of general applicability.
The Branch conducts all legal activities arising under Titles III, IV and V of the CWA, and the MPRSA and SDWA and OPA. These include review of administrative compliance Orders, preparation of administrative penalty Complaints, negotiation of settlements, preparation and review of judicial litigation referral packages, and review of permits. The Branch conducts administrative litigation activities arising in connection with such actions, including drafting of pleadings, motions, and briefs; and cooperates with the Department of Justice and U.S. Attorneys' Offices in conduct of judicial litigation activities. The Branch cooperates with EPA Headquarters and the Department of Justice on defensive litigation involving regional matters arising in connection with the Region's water pollution control programs. The Branch reviews for legal adequacy proposed state program authorization applications, comprehensive conservation management plans and enforcement agreements, and provides other legal services to the Region's water pollution control programs.
The General Law Team provides legal counsel and support to the financial assistance programs under Titles II and VI of the CWA, as well as other Regional financial assistance activities not directly connected with other media programs. The Team provides legal assistance in the resolution of disputes brought by assistance recipients. The Team provides Agency counsel in administrative litigation before the Merit Systems Protection Board, the Equal Employment Opportunity Commission, and the Federal Labor Relations Authority. The Team cooperates with EPA Headquarters and the Department of Justice on defensive litigation arising from non-media specific Regional activities. The Team provides non-media related legal assistance to the Regional Administrator and other Regional officials in areas including personnel matters, ethics, contracting, property management, tort claims and other general law questions.
New Jersey Superfund Branch: The New Jersey Superfund Branch conducts all legal activities arising under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), certain activities under EPCRA, and related activities arising under federal, state and local laws, with respect to the State of New Jersey. These include review of Notice letters, negotiation of settlements, and preparation and review of administrative Orders and judicial litigation referral packages. The Branch conducts administrative litigation activities arising in connection with such actions, including drafting of pleadings, motions and briefs. The Branch cooperates with the Department of Justice and U.S. Attorneys' Offices in conduct of judicial litigation activities. The Branch cooperates with EPA Headquarters and the Department of Justice on defensive litigation involving regional matters arising under the Superfund program. The Branch reviews for legal adequacy, proposed financial assistance agreements, other State grants and enforcement agreements, and provides other legal services to the Region's Superfund program for New Jersey.
The Branch is divided into one Section and at least one Permanent Team. The work of the Section and the Team will be similar, but as a general rule members of the Team will include more senior attorneys in the Branch. Workload is apportioned between the Section and the Team by the Branch Chief.
New York/Caribbean Superfund Branch: Performs functions for the State of New York, the Commonwealth of Puerto Rico, and the Territory of the U.S. Virgin Islands which parallel those described in item 8. The Branch also has one Section and one Team, with functions which parallel those described in item 8.
Supersession: This Order supersedes Regional Order R-1100.7B dated July 19, 1996.
February 4, 1998
