I may be wrong, but it seems to me that the EPA “making” the laws is like the local zoning board “making” the zoning laws or the mayor “making” laws or the police commissioner taking a police car and going out and pulling over speeders and making arrests..
In California, that's EXACTLY what we have. In Los Angeles, we have what's called SCAQMD
South Coast Air Quality Management District
http://www.aqmd.gov/ http://en.wikipedia.org/wiki/SCAQMD#How_the_SCAQMD_is_organizedFrom several county areas, a random (or not) sample of elected officials and some state appointed members, brains not a requirement. We now have dry cleaners that have a store front in the city, and truck the clothes to Mexico or Arizona to clean them. Wood furniture shops are nearly outlawed (business creates dust and emits SMOG forming pollution). The "do-gooders" have heavily impacted large business, which is slowly moveing out of the state. They create their own rules, and have inspectors that inspect business both on a scheduled basis, and at random. They carry the same weight as a fire marshal, they must be allowed in, or you are fined.
Granted, about 60% of what they do is fairly reasonable, but the other 40% is way over the top, for the results it gets.
