The Founders NEVER intended agencies of the federal government to have this authority, which is why they granted it to the Congress alone. It begs the question of the legality of EPA or IRS edicts.
Worse, given the structure of government, it is virtually impossible to fire incompetent employees or abolish useless, unnecessary or rogue agencies. Therein lies the problem for America. As each politician moves into or out of the WH or the Congress with their ready-made agenda, we end up with a variety of agencies, commissions, panels, etc., that are difficult , at best, to get rid of.
Most of us would probably agree that the EPA has become a rogue agency making up its own set of “rules” that have the affect of federal law. And, the EPA has long since outlived its intended purpose. It's time for this agency to go away.
But, who will abolish it? Romney? Congress? A Constitutional Amendment? The fact is that pretty much no politician is willing to “fall on his sword” to abolish these agencies and attempt to restore the government the way the Founders intended. If Romney (for example - assuming he is elected) were to try it, the Dems would emit a death scream so loud it would be heard on Pluto! The EPA is one of their sacred cows and is responsible for as much, if not more, government stupidity than the Congress, itself.
We can complain to our neighbors and write our Congresscritters how unhappy we are with the EPA, or the IRS or even membership in the UN and nothing will be done. Until there are protest marches across the country and politicians are threatened with losing their cushy elected position, I can assure that the EPA will be with us until the earth is no more.
Perhaps “We The People” have to go after our elected representatives, as a start, to go to work on gutting the EPA by stripping it of it's rule making authority. Impress upon our representatives that they have to take back their law making authority from the whims of the EPA and the executive branch.
I realize that's easier said than done but it would be a start.