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By WILLIAM LAMBRECHT
Springfield correspondent for the Alton Telegraph, he is now covering his fifth session of the General Assembly. Lambrecht has written numerous magazine articles on energy and coal development. He has degrees from Illinois Wesleyan and Sangamon State universities. Director of Environmental Protection Agency Leo Eisel The new director of the controversial EPA believes the agency can put together programs that will maintain a healthy environment and a healthy business climate — including development of the state's coal reserves. He says pollution can be reversed. The question is how much will society pay to do it? |
Eisel is relying, however, on his international experience in his first months as director of the Illinois Environmental Protection Agency (EPA). He believes that there are several parallels between what is going on in New Zealand, Pakistan and the Prairie State. "We have similar problems in Illinois where new technology is thrust into the agricultural and environmental systems. There's something to be learned although we live in a completely different system," Eisel said in discussing his foreign studies and work.
The 34-year-old Eisel, who most recently headed the Illinois Division of Water Resources under Democratic Gov. Dan Walker, was chosen to the hotseat post as head of the EPA by Republican Gov. James R. Thompson.
Before his Water Resources post, Eisel was staff scientist for the Environmental Defense Fund. He served for a year as a research associate in the U.S. State Department's Aid for International Development program, which included work in Pakistan. Eisel's educational background includes a Ph.D. in engineering from Harvard University, a master's degree in hydrology from the University of Canterbury in Christchurch, New Zealand, and a bachelor's degree in forestry from Colorado State University.
During his Water Resources tenure, the soft-spoken Eisel gained a reputation for his ability to bargain with legislators in highly political situations. One House member, East Alton Democrat John F. Sharp, recently called Eisel "the best director I've ever seen," after a flood control project sought by his district for 40 years was finally contracted. "He doesn't act like a dictator like some of these directors. He'll stick with you no matter what if he feels you've got a good proposal," Sharp said.
Eisel assumes a post which has always attracted controversy since the EPA was created by the General Assembly in the 1970 Environmental Protection Act to enforce regulations laid down by the Pollution Control Board (PCB). Also established was the Institute for Environmental Quality. The first EPA director, Clarence W. Klassen, was fired by Gov. Richard B. Ogilvie after only seven months on the job. Klassen and his compromising approach to the job were ousted in favor of William L. Blaser, who used what has been called "the big-stick approach" in getting the agency off the ground.
It was under Blaser when EPA's image problems — which Eisel recognizes — first began to form, and the agency received most of the blame from industry and farmers for the initial PCB rulings. The volatile nature of the EPA directorship continued when Gov. Dan Walker's first appointment to that office, Ms. Mary Lee Leahy, was rejected by the state Senate largely on political grounds. Shortly after, the Senate confirmed Richard H. Briceland as Illinois EPA director; he was a former director of technical support and special projects for the U.S. EPA. To the dismay of the environmental-minded, "the big-stick approach" gave way under Walker and Briceland to the method of enforcement termed "voluntary compliance."
Eisel enters the agency at a time when the catch-phrase for pollution control is
May 1977 / Illinois Issues / 15
'The governor is very
concerned that the impact
of enforcing environmental
rules and regulations on
the economic sector of the
state be kept to
as little as possible'
"balancing the interests of business and
the environment." He discusses the
competing interests of business leaders
and environmentalists and the challenges of EPA generally in the following
interview which took place on February
18, 1977.
Q. Under Gov. Ogilvie and EPA
Director Blaser, the state carried out
what has been called a "big-stick
approach" in environmental law enforcement. Under Gov. Walker and
Director Briceland, the approach
switched to "voluntary compliance."
Initially, how do you see your policy? Is
there any fitting label?
Initially, a "big stick approach" probably was necessary in order to impress
on people that the state was serious
about cleaning up pollution. Under
Gov. Walker an effort was made to continue effective enforcement of environmental rules, regulations and laws but
with reduced reliance on litigation. I
think that Gov. Thompson is very concerned that environmental standards be
met in the state, that air quality, water
quality and land problems be cleared
up, and various goals met, but this is to
be done in such a fashion that we don't
create unnecessary problems or hardships on business or agriculture. But I
don't detect any kind of a softening
under Gov. Thompson's priorities, and I
certainly don't intend to see weakening
of environmental goals or standards.
A. I haven't been here long enough to
develop any phrases like that. The
progression you've described is kind of
the natural thing that would occur in a
new agency. Suddenly, in 1970, here
were all these permits to be issued,
papers to be passed and whole new programs instantly thrust on the agency.
Q. Do you see feasibility in the
voluntary compliance method of enforcement?
A. Yes, I. think it's always far better if you can get reasonably rational people
in the same room before the lawyers
start passing paper around. Because
when the lawyers get into the act, with
all due respect to lawyers, it just slows
things down. Everything has to be done
in such a terribly precise manner.
Q. Would you like to see an increase
in the number of enforcement cases
brought by the EPA before the Pollution Control Board? Isn't there a
correlation between voluntary compliance and a lower number of enforcement actions?
A. I don't really know. The objective
of the agency is to seek compliance with
standards, goals and regulations, not
necessarily just to chalk up enforcement
cases. I don't think that's a very good
metric to measure performance. The
metric is how many industries are in
compliance, how many treatment plants
are in compliance and that type of thing.
Q. Do you think the EPA now has an
image problem?
I see as one of my major concerns the
improvement of the Illinois EPA's
image. Residents of the state have got
to understand that there are important
reasons for environmental rules, regulations and laws and that these rules and
regulations are not generated by the
bureaucracy simply for preserving
bureaucrats' jobs.
A. Yes, I think we are looked at as
obstructing progress, and we are unfairly given the black hat on occasion.
Q. Will the inherent business concerns of a Republican governor be
reflected in your management of the
agency?
A. They have not to date, and I
certainly would not expect them to be.
We have standards, rules and regulations that carry the force of law and are
very specific. You can only go so far
when you have very specific rules and
regulations.
Q. When you interviewed with the
governor, what are some of the things
you agreed on?
A. The governor is very concerned
that the impact of enforcing environmental rules and regulations on the
economic sector of the state be kept to as
little as possible, and these are certainly
my concerns, too. We have to be
concerned about displacing people from
jobs and displacing businesses in this
State. I think often it's not the black/
white issue of jobs versus environmental
quality. We can put together programs to maintain a healthy business climate
and also maintain a healthy place to live.
Q. But are those two goals not
mutually exclusive? In essence, aren't
you just constantly trying to achieve a
balance between business concerns and
a clean environment?
A. I think the term "balance" often
implies to a lot of people a kind of selling
out to the business community, i.e. we're
going to weaken standards to keep the
businessmen happy. I think there is
often the "them against us," "black hats
versus the white hats," this "are we going
to freeze to death or burn coal?" It isn't
that simple; it's not an either / or situation, but a case of whether the industries
who burn coal are going to pay to install
the pollution equipment so they can
burn coal — or are they going to try to
beat us back so they can burn coal
without the pollution control equipment. So it's not a case of burning coal,
but of spending the money for the
pollution control equipment to keep
down the sulfur dioxide and other
pollutants.
Q. Would you like to be known as a
vocal and independent director, or do
you feel your loyalty to the governor
must transcend all other considerations
in your job?
A. Obviously, I work for the governor, and I certainly will support his
policies and programs. I believe the
governor's and my environmental philosophies are similar, and I do not expect
any major disagreements.
Q. What do you see as the most
pressing issue currently before the EPA?
A. The whole energy thing is terribly
important because we do have a fantastic energy resource in the state [coal],
which will be developed and which
should be developed. I think that we
should put together a program which
will allow for the development of that
resource without environmental problems.
Q. In coal development, what type of
emerging environmental problems do
you see that you can affect?
A. Here we're talking mainly about
air quality. The two major issues we're
looking at are air quality and water
quality, which can be affected by the
acid runoff situations. The whole
question of land reclamation is a terribly
important one because of the agricultural concerns.
Q. Is there any area of federal preemption, as in nuclear regulation,
16 / May 1977 / Illinois Issues
which may hinder you? Would you like to see more states' rights with regard to combatting environmental problems?
Q. The EPA and the Attorney General's Office have been enmeshed in an
ongoing jurisdictional dispute over
preparation and presentation of cases
before the PCB. Do you see this conflict
as having ended?
A. That dispute is ended. I just had a
meeting with the attorney general's
people this afternoon, and the attorney
general will represent the agency in
matters of variance, enforcement procedures and permit denial proceedings. I
think a workable relationship has been established.
Q. In the Division of Water Resources post, you appeared generally
successful in your budget dealings and
other interaction with the General Assembly. But now in your more volatile
job, do you expect legislative potshots?
A. The big difference between this
agency and water resources was that
there we did things for people like build
reservoirs and flood control projects.
Essentially, Water Resources functions
as a public works type of agency. Here,
a much tougher agency. You're basically
telling people, for example, "We're sorry, but you're going to have to spend $12
million to clean up this problem." That's
not going to make very many people happy.
Q. Do you think that effective environmental protection is possible in a highly industrial and mechanized farming state like Illinois?
A. Yes, and I think it has to be. Illinois
is often used as an illustration of a cross
section of the United States with our
major industry and highly developed
agriculture. If we can't pull it off here,
then I think the whole country has a lot
of problems because I think we offer
some examples of all the major pollution problems in the country today. ..
Q. Do you think that air and water
pollution can be reversed, or that the
best we can do is stem the tide of pollution?
A. I think it really depends on how
much we are willing to pay. From a
technical point, pollution can be reversed. But the question is "How much
will society pay?"
May 1977 / Illinois Issues / 17