# Report to the Subcommittee on Interior, Environment, and Related Agencies, Committee on Appropriations, House of Representatives United States Government Ac countabilit y Office 

# GAO

ENVIRONMENTAL PROTECTION AGENCY
Major Management Challenges March 2009



### GAO-09-434

### What GAO Found

**United States Government Accountability Office** 

### Why GAO Did This Study 

# H ighlights **Accountability Integrity Reliability**

View GAO-09-434 or key components. For more information, contact John Stephenson at (202) 512-3841 or stephensonj@gao.gov

. Highlights of GAO-09-434 , a report to the Subcommittee on Interior, Environment, and Related Agencies, Committee on Appropriations, House of Representatives **March 2009** 

## ENVIRONMENTAL PROTECTION AGENCY
**Major Mana g**  **ement Challen g**  **e s** 

EPA faces the following challenges th at hinder its ability to implement its programs effectively:

• Improving agencywide management. EPA has launched various initiatives to address cr osscutting genera l management issues, including environmental enforcement and comp liance, human capital management, and the development and use of environmental information. However, these initiatives have generally fallen considerably short of their intended results.

• Tran s forming EPA’ s proce ss e s for a ss e ss ing and controlling toxic chemical s . EPA has failed to develop sufficient chemical assessment information to limit public exposure to many chemicals that may pose substantial health risks. In January 2009, GAO added a new issue—the need to transform EPA’s process for assessing and controlling toxic chemicals—to its list of high-risk ar eas warranting increased attention by Congress and the executive branch.

• Improving implementation of the Clean Air Act. EPA faces many important challenges related to im plementation of the Clean Air Act, including those highlighted by GAO re garding its coordination with other federal agencies, analyses of health impacts from air pollution, and delays in regulating mercury a nd other air toxics. EPA also faces challenges relating to numerous regulatory propos als that have been overturned or remanded by the courts.

• Reducing pollution in the nation’ s water s . EPA partners with federal, state, and local agencies and others to reduce pollution in the nation’s waters. Among the most daunting wa ter pollution control problems, the nation’s water utilities face billions of dollars in upgrades to aging and deteriorating infrastructures that left unaddressed can affect the quality of our water. EPA will receive $6 billi on in additional wate r infrastructure funding from the recently passed stimulus bill.

• Speeding the pace of cleanup at Superfund and other hazardou s
wa s te s ite s . Congress passed the Comp rehensive Environmental Response, Compensation, and Liabilit y Act, better known as Superfund, in 1980, giving the fe deral government the authorit y to ensure the cleanup of hazardous waste sites both on privat e and public lands. Nonetheless, several key management problems have notbeen resolved since that time. For example, citing competing priori ties and lack of funds, EPA has not implemented a 1980 st atutory mandate under Superfund to require businesses handling hazardous substances to provide financial assurances to pay for potential environmental cleanups.

• Addre ss ing emerging climate change i ss ue s . In GAO’s view, the federal government’s approach to clim ate change has been ad hoc and is not well coordinated across government agencies. For example, the federal government lacks a comprehens ive approach for targeting federal research dollars toward the devel opment and deployment of low-carbon technologies. The Environmental Protection Agency’s (EPA) overarching mission is to protect human health and the environment by implementing and enforcing environmental laws intended to improve the quality of the nation’s air and water and to protect its land. EPA’s policies and programs affect virtually all segments of the economy, society, and government. As such, it operates in a highly complex and controversial regulatory arena. In recent years, GAO has identified several key challenges EPA faces and corrective actions that would enable the agency to more effectively accomplish its mission.

GAO was asked to identify challenges at EPA that hinder its ability to implement its programs effectively, based on prior GAO work. These challenges include (1) improving agencywide management, (2) transforming EPA’s processes for assessing and controlling toxic chemicals, (3) improving implementation of the Clean Air Act, (4) reducing pollution in the nation’s waters, (5) speeding the pace of cleanup at Superfund and other hazardous waste sites, and (6) addressing emerging climate change issues.


### What GAO Recommend **s**

GAO has made a number of recommendations intended to improve EPA’s programs by enhancing the information it uses to manage them and strengthening internal controls. EPA has concurred with most of the recommendations but has been slow to implement some of them.

# Contents

Letter 1 Improving Agencywide Management 2 Transformin g EPA’s Processes for Assessing and Controlling Toxic C h e m i c al s 6 Improve Implementatio n of the Clea n Air Act 10 Reducing Po llution in the Nation’s Waters 11 Speeding th e Pace of Cl eanup atSu perfund and Other Hazardous Waste Sites 15 Addressing Emerging Climate Chang e Issues 17 Concluding Observations 18


### Appendi x I GAO Contact an d Staff Acknowledgments 20



### Relat e d GAO Products 21

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Page i GA O

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- 4 3 4 E P A C h alle ng e sUnit ed Stat e s Governm e nt Acco unta b ility Off i ce Wash ingto n , DC 205 48

March 4, 20 0 9

The Honorable Norman D. Dicks Chairman The Honorable Michael K. Simpson Ranking Member Subcommittee on Interio r , Environment, and Rel a ted Agen ci es Committee on Appropriations House of Representative s

The Environ m ental Protection Agen cy (EPA) operates in a h i ghly compl e x and controv e rsial regula tory arena, and its polici e s and progr ams affect virtually all segments of the econom y, society, and government. EPA’s overarching mission is to protect hu man health and the envi ronment by implementing and e n forc ing environ m ental laws intended to i m prove the quality of ou r air and water and to pr otect our lan d . As you kn ow, EPA’s responsibilities are carri ed out under a complex s e t of environmental laws, such as the Clean Air Act and the To xic Substan ces Control Act (TSCA). The ag ency i s composed of major offices align e d with environmental laws and 10 r egio n al offices. The ag ency ’ s budget has been d eclini n g in rec e nt years from $7.8 billion in fiscal year 2 000 to $7. 1 b illion reques ted for fiscal year 2009––a declin e of about 28 per cent in real t e rms. 1 EPA’s 2009 budget included about $939 million for clean air and cl i m ate change, $2.6 billion for clean water, and $1.7 billion for l and restoration. The just -released President’s fiscal year 2010 budget request includ es $ 10. 5 bill ion for EPA. EPA will also receive an additional $7.2 billion in stimulus fu nding from the American Recovery and Reinves tmen t Act of 2009, primarily for water infrastructure projects and Superfun d.

Charged init ially with cleaning up po l l ution of the environment, EPA’s tasks have b ecome increasingly comp licated as we understand more about the dang ers and pervasiv eness of t oxic substances . The emerg e nce of issues such as stratospheric ozone d e pletion an d climate cha n ge sugg est that the agency’s responsibilities will continue to grow. Furthermore, enforcement activiti e s primarily occu r in EPA’s 10 regions, which possess considerabl e autonomy––causing sign ificant variations in en forcement

1 The change bet w een EPA’s fiscal year 2000 budget a n d fiscal year 2009 req u ested budget represented a d ecline of a bout 9 perce n t in no minal terms. In real terms, EP A’s bu dget declined from $9. 8 billion i n fi scal year 2000 t o the $7. 1 billion req u ested for fiscal year 2009.

P a g e 1 G A O- 09 -4 34 E P A Chal l e n g e sactivities fro m region to region. EPA also implements regulati ons to benefit publi c health and the environ m ent while balancin g, as appropriate, the cost to i ndustry and others—a pa rticularly controversial issue—and implements laws, such as the Clean Air Act, while complying with numerous court orders resulting from the myriad lawsuits brought again s t the agency b ystates, con cerned citi z e ns, special interest groups, and others.

Considering EPA’s evolvi n g roles and responsibilities, we were asked to identify the major management chal lenges and p r ogram risks that EPA faces as it works to acco mplish its mission of protecting hum an health an d the environ m ent. These challen ges i n clude (1) i m proving ag encywide management, (2) transforming EP A’s processes for assessing and controlling t oxic chemicals, (3) improving implementation of the Clean Air Act, (4) reducing pollution in the nati on’s waters, (5) speeding the pace of cleanup at S uperfund an d other hazardous waste sites, and (6) addressing emerging cli m ate chang e issues. All of the material in this report is drawn from our work over the l a st few year s. (See Relat e d GAO Products at the end of this report). In these reports, GAO has ma de a number of recommend ations inten d ed to improve EPA’s programs by enhancin g t h e information it uses to manage its pro g rams and strengthening internal controls. EPA has gener ally con c urred with our recommend ations, but h a s been slow to implement some of them. 2

Our past work has identi fied several major management chal lenges at EPA, including ensuring consistent environmental enforcement and compliance, addressing human capital issues, and improving the developmen t and use of environmental information. 

# Improvi n g Agencywide Management

• Ensuring co nsist e nt env i ronm ental enforcem ent and compliance . EPA has authorized states to carry out mu ch of the day-to-day responsibilities for timely, a ppropriate e n forcement of environmental laws; h o wever, we found that E PA does not effectively o versee how well the states are carrying out these responsibilities. Specifical ly, we found that EPA has not

2 We co nducte d our w ork in ac corda nce w i th all s e ctions of GAO’s Q u ality As s urance F r amew ork t h a t w e re relevant to the objective s of each engag ement. T h e fra m ew ork requires that we plan a n d pe rform eac h en ga gement to obta i n s u fficient an d ap pro priate evidence to me et our stated objectives and t o discuss any limitations in our work. We believe that the informatio n a n d data o b tained , an d t h e a n alyses cond ucted , provide d a
reas onable bas i s for t h e fin d in gs and c onclus i ons in eac h rep ort.

P a g e 2 G A O- 09 -4 34 E P A Chal l e n g e s(1) identified the causes of poorly pe rforming sta t e enforcem ent programs, (2) informed the public about how well the states are implementing their enforcement responsibilities, and (3) assessed the performance of EPA’s regional offi ces in carryi n g out their state oversight responsibilities— performance that has b e en inconsistent over the years. EPA has also bee n slow to improve long-standing problem s in its enforcement da ta, which, among other things, hampers its ability to accurat e ly det e rmine the universe an d charact eristics of entities needing regulation to ensure that (1) the publi c is afforded equal protection under environmental laws and (2) regulate d parties, ta xpayers, and ratepay e rs are not subj ected to wid e ly varying costs of environ m ental compliance among regions. Further, we have reporte d that how EPA calcula tes and repo rts penalties, the v a lue o f injunctive relief, and th e amount of resulting poll u tion reduct i on may undermine the transparency and accuracy of its r e ported out comes and cause EPA to both over- and underre port its enforcement ach ievements. 3

We have recommended that EPA enh ance its oversight of regi onal and state enforc ement activi t ies to implement environmental programs consistent with the requi r ements of federal statut es and regul a tions. We also recommended thatEPA develo p an acti on plan for add r essing enforcement problems identified in st at e programs; ensure tha t states have sufficient re sources to implement and enforce p r ograms, as authorized by EPA; and he lp the states improve their capacityfo r enforcement. 4 EPA should also routinely co nduct performance assessments of re gional an d state enforc ement programs and communicate the results of the assessments to the publi c and th e regulated ind u s try. We also recommended that the EPA Administra tor take a number of actions to disclose more information when repor ting penal t ies and esti mates of the value of inju nctive reli ef and pollutio n reduction. 5

EPA has gen erally agreed with our recommendations and is in the proces s of implementing them. In particular, t h e ag ency h a s develop e d an initiati v e known as the State Revi ewFramework that it b e lieves will ( 1 ) address many of the long-term problems relate d to providi n g fair, cons istent, and

3 GAO, Envi ronmenta l Enfor c e ment: E P

A Ne ed s to I m

p r

ove th e Acc ura cy a n d Tra nsp a r e ncy of Mea s u res Us ed to Rep o rt o n Progra m Eff e c t i v enes s , GAO- 08-1111R (Was hingto n, D

. C. : Se pt. 18, 20 08).

4 GAO, En vir o n m e n t al P r

o te c t ion : EP A-State En for ce me n t P a r tn e r s hip H a s Impr ove d , bu t EPA’ s Over si

gh t Need s F urth er Enh a n c e me nts , G A O-07-883 (Was hingt on, D.C. : J u ly 31, 2007).

5 GAO-08-1111R

.

P a g e 3 G A O- 09 -4 34 E P A Chal l e n g e stransparent enforcement throughout the country and (2) obtain accurat e data that ca n be used to determine the extent of state compliance with enforcement standards and the ne ed for correctiv e actions. H o wever, such efforts are still in the early stages, an d their succes s is uncertain and will depend on c ontinued co mmitment of senior management alo n g with sufficient priority and re sources. EPA also stated that it would take actions to di sclose more information when reporting estimates of injunctive relief and poll u tion reduct i ons and con s ider our recommendation to rep o rt collected penalties.

• Addres sing human capital issue s . EPA has struggled for seve ral years to identify its n eeds for hu man resources and to deploy its staff throughout the country i n a manner t h at would do the most good. We fou nd that EPA’s process for budgeting and allo cating resou r ces does no t fully consider the agen cy’s cu rrent workload, and th at in preparing requests for funding and staffing, EPA makes incr emental adj u stments, largely based on an anti qu ated workforce plannin g system that does not refl ect a bottom-up review of the nature or di stribution of the current workload. 6 Moreover, EPA’s human capital man agement systems have n o t kept pa ce with change s that have o ccurred ove r the years a s a result of changin g legislative re quirements and prio ritie s , changes i n environmental conditions i n different r egions of th e country, and the much more active role that stat es now play in carrying o u t day-to-da y -activiti e s o f federal environmental programs.

To remedy its antiquated and unscien tific methods for determining workload and allocatin g staff resources, we reco mmended that EPA substantially improve its resource planni ng by identifying the factors that derive the n a tional and regional wor k load and d evelop more realistic allocation systems for de ploying staff with the requisite skills and capabiliti e s to areas of t h e country where they are most needed to address the highest- priority nee d s.

EPA has not paid suffici ent attentio n to human capital issue s over the years. During the past se veral y ears, EPA has taken a number of actions t o improve its workforce management. For example, the agen cy has develop ed a strategic ap proach to en sure that it h a s, and will continue to

6 GAO, EPA’s Execution of Its Fiscal year 2007 New Budget Authority for th e Enforc e ment a n d Comp l i a nce Assu ra nc e P r

o g ra m i n th e Re gi ona l Offi ces , GAO-08-1109R (Was hingto n, D

. C. : Se pt. 26, 20 08).

P a g e 4 G A O- 09 -4 34 E P A Chal l e n g e shave, th e re quisite competencies to carry out its programs effectivel y. Nonetheless, the number of regional staff at individual offices and their skills and competencies continue to be driven pri m arily by hi storical staffing patt erns rather than a fresh assessment of regional n eeds, giv e n the regional workload and the role th at states pla yin the enfo rcement process, which varies gre a tly from region to regio n

.

• Improving development and use of e nvi ronmental information. Critical, reliable en vi ronmental information is n eeded to provide bett er scientific understanding of en vironmental trends and con d itions and t o better inform the public about environmental progress in their local es. We foun d substantial gaps between what is known and the goal of full, reliable, and insightful representation of envir onmental conditi ons and tren ds to provide direction for fut u re research and monitoring efforts. 7 EPA has struggled with providing a focus and the nec e ssary resources for environmental information since its i n ception in 1970 . While many data have b een c o llected o v e r the years, most water, air, and lan d programs lack the det a iled en viro nmental trend information to addres s the wellbeing of Americans. EPA program areas have al so been hamp ered by deficien cies in their envi ronmental data systems. For example, the qu ality of environmental dat a constrains E P A’s ability t o assess the effectivenes s of its enforcement polici e s and progr ams throughout the coun try and to inform the public about t h e health an d environmental hazards of dangerous c h emicals.

We recommended thatEPA better empha size the development and use o f environmental indicators and information, not onl y in its strategic pl an bu t also as a mechanism for prioritizing its allocation of limited resources and measuring the success o f environmen tal policies and programs. GAO and policymaker s in the executive and legislative bran ches have pr oposed the establishment of a Bure au of Enviro nm ental Stat istics to provide the f o c u s and resources needed to address the nation’s current and lon g -term environmental condition s and trends. Such a bureau would ensure toplevel commitment, interagency coor dination, an d clear resp onsibility for ensuring the comprehensiveness and credibility of environmental information. In addition, we recommended thatEPA develop a consistent approach to ensure the transparency and ac curac yof measures to determine its program effectiven ess. Finally, we also recommended that

7 GAO, Environmental Indicat ors: Bette r C o ordinati on Is Ne eded t o D evelop Environme n tal Indicator Sets That Inform De cisions , GAO-0 5 -52 (Was hingt on, D

. C. : N o v. 1 7 , 2004)

.

P a g e 5 G A O- 09 -4 34 E P A Chal l e n g e sEPA ensure that information on envir onmental health risks and on companies that manufac ture and use toxic ch emicals is effect ively collecte d an d communicated to the p ublic.

EPA has gen erally a g ree d with our recommendations, and h a s made some progress in trying to obtain and use i m proved environmental information over the p a st several y e a r s. However, the ag ency ’ s efforts have been sporadic an d spread among the var i ous EPA offices. As such, the environmental information initiative s at EPA hav e been inco mplete and lack a high-p riority, coordinated, stra tegic approa ch that is ne cessary to link limited resources with the most critical dat a needs.

EPA’s ability to effectively implement its missio n of protecti n g public health and t h e environment depends on credible and timely assessment of the risks posed by toxi c chemicals. S u ch assessments are the cornerstone of scientifically sound environmental decisions, policies, and regulations under a variety of statut es, such as T S CA. However, EPA has failed to develop suff icient ch emical assessment information to determ ine whether it should establish controls to limit public expos ure to many chemicals that may po se substantial health risks. As discussed below, in a number of reports, we have id entifi ed actions t h at are ne ed ed to (1) en hance EPA’s ability under TSCA, among other thi n gs, to obtai n health and safety information from the chemical indus try and (2) streamline an d increase the transparency of EPA ’ s Integrated Risk Information Syste m (IRIS) tha t provides EPA’s scientific position on th e potential human heal th effects of more than 540 ch emical s.
TSCA generally places t h e burden of obt aining d a ta on chemicals used in commerce on EPA, rather than on th e companies that produce the chemicals. F o r example, TSCA requires EPA to demonstrate certain he alt h or environmental risks before it can require companies to fur t her test thei r chemicals. As a result, EPA does not routinely as sess the risks of the roughly 80,000 industrial chemicals i n use. Moreover, TSCA does not require che m ical companies to test the approxi mately 700 n e w chemical s introduced i n to commerce annu ally f o r their toxicity, and co mpanies generall ydo not voluntarily perform such testing. Further, the procedures EPA must fo llow in obtaining test dat a from comp anies can t a ke years to complete. In contrast, th e European Union’s che m ical control legislation generall ypl aces the bur den on comp anies to pr ovide he alth effects dat a 

# T

r ansforming EP A ’ s Process e s for Assessing and Control ling T oxic Chemi c als

P a g e 6 G A O- 09 -4 34 E P A Chal l e n g e son the ch emicals they pr oduce. In pr evious reports on TSCA, we have suggested th at Congress consider statutory chang e s to strengthen EPA’s authority to obtain inform ation from the chemical industry. 8 We continue to believe th at givin g EPA more authority to obtain data from the companies producing ch emicals would improve the effecti v eness of TSCA and thereby enhance EPA’s ability to protect public health and the environment.

In addition, while TSCA authorizes EPA to issue regulations t h at may, among other things, ban existing t oxi c chemicals or place limi t s on their production or use, the statutory requ irements EPA must meet present a legal thresh old that has proven diffi cult for EPA and discour ages the agenc yfrom using these authorities. For example, EPA must demonstrate “unreasonable risk,” which EPA beli eves requires it to condu ct extensive cost-benefit analyses, to ban or limit chemical pr oduction. Si nce 1976, EPA has issued regulations t o control on ly five existing chemical s determined to present a n unreasona ble risk. Further, its 198 9 regulation p h asing out most uses of asbestos was vacated by a federal ap peals court i n 199 1 because it w a s not based on “substantial evid e nce

. ” In contrast, the European Union and a n u mber of other countries have largel y banned asbestos, a k nown human carcinogen that can c ause lung ca ncer and oth e r diseases. We have pr evio u sly suggested that Cong ress consider amending TSCA to reduce the evid e ntiary burd e n EPA must meet to co ntrol toxic substances and continue to believe su ch chan ge w arrants serious consideratio n. 9

Also, under TSCA, EPA has a limited ability to pr ovide the public with information on chemical production and risk because of the act’s prohibitions on the discl o sure of con f idential bus iness information. About 95 perc ent o f the notices companies have provi d ed to EPA on new chemicals c ontain some information claimed as confidential. While EPA believes th atsome claims of confide n tial business information may be unwarranted, chall e ngin g the cl aims is time- and resource-intensive, an d EPA does not challen ge most claims. Importantly, state envir onmental

8 GAO, C he mic a l Re gulation : Compar is on of U.S. an d Re c ently En ac te d Eur o pe an Un ion Ap p r

oa ch es to Prote ct a g a i nstth e Ri sks of T

o x i c Ch emi c a l s , GAO-07-825 (Washington, D.C.: A u g. 17, 2 007), a n d Che m ic al Re gu lation : Option s Exis t to Impr ove EP A’s Ability to Asse ss Hea lth Ri sks a n d Ma n a ge It s Ch emi c a l Revi ew Prog r a m , GAO-05-458 (Was hingto n, D

. C. : J une 13, 20 05).

9 GAO-07-825

.

P a g e 7 G A O- 09 -4 34 E P A Chal l e n g e sagenci es an d others hav e said that i n formation claimed as c onfidential would help them in such activities as developin g c ontingenc y plans to aler t emergency r e sponse personnel to th e pres ence o f highly toxi c substances at manufact uring faciliti e s. The Eu ropean Union’s chemical control legislation g e nerally pro v ides great e r public ac c e ss to the ch emical information it receiv e s. We previous ly suggested that Congre ss (1) consider aut horizing EPA to share with the state s and foreig n governme n ts the confiden tial business information that chemic al companie s provide to EPA, subject to regulati ons to be est a blished by EPA that would set forth the procedu r es to be foll owed by all recipients of the information in order to protect th e information from unauthor ized disclosures, an d (2) consider limiting the l e ngth of time for which information may be clai med as confidential without resu bstantiation of the need f o r confident i ality. 10

We hav e als o identified significant p r oblems with EPA’s process for developin g chemical assessments under EPA’s IRIS program. Created in 1985 to provide EPA with consensus opinions within the a g e n cy on th e health eff ect s of chronic exposure to chemicals, t h e IRIS database provides the basic inform ation EPA needs to det e rmine whether it should establish co ntrols, for example, to p r otect the p ublic from exposure to toxic chemi cals in the ai r and water and at h a zardous waste sites. In 2008, we reported that the IRIS database, which contai n s assessments of more than 54 0 tox i c chemicals , is at serious risk of becoming obsolete be cause EPA has not been able t o keep its ex isting assessments current or to complete as sessments of the most important chemicals of c oncern. 11 Factors cont ributing to EPA’s inability to complet e assessmen ts in a timely manner—including revi ews required by the Offi ce of Management and Budget (OMB) of IRIS assessments; certain mana gement deci sions, such as delaying some assess ments to await new research; and th e compounding effectof d e lays—can f o rce EPA to essentially r e start assessments to incorporate ch anging science and methods.

In fact, a nu mber of key chemicals h ave b een ca ught in a se e m ingly endless revi ew cycle, li miting EPA’s ability to p r otect the p ublic health from ubiquitous chemical s that are li ke ly to cause can cer or other serious health eff ect s. For example, EPA’s formaldehyde and dioxi n assessments

10 GAO-07-825

.

11 GAO, Chemical Assessments: Low Productivity and New I n teragency Revie w Process Limit the Usefulness and Cre d i b ility of EP A’s I n tegrated Risk Information Sy stem , GAO-08-440 (W as hington, D

. C. : Mar

. 7 , 2008 ).

P a g e 8 G A O- 09 -4 34 E P A Chal l e n g e shave b een in progress for about 12 an d 18 years, respectivel y. Overall, EPA has finalized a total of o n l y 9 assessments in the p a st 3 fiscal y ears; as of December 2 007, most of the 70 o n goi n g assessme n ts had been in progress for more than 5 ye ars; an d more than half of all cu rrent assessments may be outdated

. Moreover, the OMB-requir ed reviews, which are not publicly availab l e, li mit the credibility of the assessments because th ey involve federal a gen cies that ma y be aff ecte d by the assessments should they l e ad to regulator yactions. We recommended that EP A adopt a st reamlined, more transp arent assessment process. In its response, EPA estimated that under its proposed chan ges to the asse ssment process, most assessments would take f r om 3 to 4-1/ 2 ye ars a nd mission-critical assessments would take up to 6 years. However, we belie ve that an IR IS assessme n t process built around such time frames is prob le matic. As we stated in our reports, when assessments take longer than 2 years, the y can be come subject to substantial delays stemming from the need to redo key anal yses to take into accou n t changin g science and as sessment methodologies. 12

Some of our prior recommendations on IRIS and TSCA, aimed at providin g EPA with information needed to sup port its assessment of toxic chemicals, h ave not been implemented. For example, when E PA implemented a new IRIS assessment process in 2 008, itdid n o t incorpora t e our recommendations to streamline a nd increase the transparency of th e process. In fact, the new IRIS assessment process exacerbat e s the productivity and credibil ity concerns GAO identified. Further, our recommendations aimed at providin g EPA with the information neede d t o support its assessments of industrial chemicals u nder TSCA have not been implemented. Without greater attent ion to EPA’s efforts to assess toxic chemicals, t h e nation l a cks assurance that hum an health an d the environment are ade q uat e ly protect e d

. Because o f the importance of th is issue, and th e lack of progress in implementing much-need ed change to TSCA, in January 2009 we added tr ansforming EPA’s processes for assessing and controlling toxic chemi cals to our list of high-risk areas needing add e d attention by Congress and the exe c utive bran c h

.

12 GAO-08-440

.

P a g e 9 G A O- 09 -4 34 E P A Chal l e n g e sThe Clean A i r Act, a comprehensive f e deral law t h at regulat e s air pollution from station ary and mob ile sources , was passed in 1963 to improve and protect the quality of th e nation’s air. The act was substantially overhauled in 197 0 whe n Congress required EPA to establish national am bient air quality stan dards for pollutants at le vels that are necessary to protect public healt h with an ad equate margin of safety and to protect public welfare from adverse ef fects. EPA has set such standards for ozone, carbon monoxide, particulate matter, sulfur oxides, nitrogen d i oxide, and lead. In addi tion, the a c t directed the states to specify how the ywould achiev e and maintain co mpliance with the nation al standard f o r each pollutant. C ongress amended the actagain i n 19 7 7 and 1 9 9 0

. The 19 77 amendments were passed primarily to set new goals and dates for attaining th e standards because man y areas of th e country h a d failed to meet the de adlines set p r eviously. T h e act was a m ended agai n in 19 90 when several new themes were incorporated into it, includin g encouragi n g the use of market-based approaches to reduce e m issions, such as cap- an d

trade progra ms.

In recent y e ars, our work has identif i ed several k ey ch alleng e s in implementing the Clean Air Act, and made recommendations to EPA intended to enhanc e the effectiv enes s of its clean air programs. First, we have id entifi ed areas where EPA cou l d improve its coordination with the Department of Transportation in mak i ng plannin g decisions. 13 Second, we have found t h at while EPA had taken steps to strengthen its es timates of health ben e f i ts from rule s reducing p articulate m a tter air poll u tion, the agenc yne ed ed to ensure continued r e sources toward improving an alysi s of the uncertainty underl ying its esti mates. 14 Third, we have id entified delays and shortcomings with EPA’s developmen t of rules intended to limit emissions of toxic air pollutants and recommended thatthe ag ency develop a pl an to improve its manage ment of the air toxics program. 15 In fact, when a ddressing EPA’s air qual ity standard s in a recent hearing on children’s h ealth, we no ted that EPA largely disregarded re c o mmendations 

# Improve Implem entation of the Clean Air Act

13 GAO, Envi ronmenta l Pro tect i o n: Fed e r a l P l a nni ng Requi r ements for Tra nsp orta ti on
a n d Ai r Qua l i t y Prote cti o n C o uld Pote nti a l l y Be More Effi ci ent a n d Bet t e r Li nked , GAO-03-581 (W as hington, D

. C. : Apr. 28, 2003).

14 GAO, Pa rti cul a t e Ma tter: EP A Ha s S t a r ted to Ad d ress th e Na ti ona l Aca d emi es’ Recommend a t i o ns on Esti ma ti ng Hea lthBe nefi t s, but Mo r e Prog r e ss I s Need ed , GAO-06-780 (W as hington, D

. C. : July 14 , 2006 ).

15 GAO, Clea n Ai r Act: EPA S h o uld I m

p r

ove th e Ma na gement of It s Ai r Tox i cs P r

ogra m , GAO-06-669 (W as hington, D

. C. : J une 23, 2006)

.

P a g e 10 G A O- 09 -4 34 E P A Chal l e n g e sfrom its advisory committee, and rec o mmended that the a gen cy ex amine ways to use its advisors to reinvigora te its focus o n the he alth of children, who are often disproportionately affected by air p o llution. 16 Fourth, we identified major shortcomings with EPA’s economic justification for a proposed rule to limit mercury emissions from po wer plants and recommend ed, among o t her things, t h at the agen cy condu ct i t s analysis consistent with OMB guidance for ec onomic anal ysis and bett er document its findings. 17 EPA stated that it would address the recommendations by, for example, conductin g additional analysis on th e rule.

EPA also faces a number of chall e nge s related to clean air reg u latory decisions that hav e bee n vac ated or r e manded to the ag ency b ythe co urts. These inclu d e regulator yproposals or agency decisions related to (1) mercury emissions from coal-fired po wer plants; (2) long-range transport of sulfur dioxide and nitr ogen oxid e s—pollutants that contrib u te to aci d rain and oth e r air quality problems—em itted by power plants; (3) the New Source Revi ew program, a permitting program that among ot her goals seeks to prevent air q u al ity degrad ati on from the addition of n e w and modified factories, industrial boilers , and power plants; and (4) whether EPA and the states can u s e existing a u thority und er the Clean Air Act to regulate greenhouse gas es. Each of t h ese issues, along with t hose identified in our prior wo rk, will require substantial managem ent attentio n in the ne ar term.

The Clean W a ter Act esta blishes the b a sic structure for regulat i ng discharges o f pollutants i n to the wate rs of the United States a nd regulatin g the quality o f surface waters. However, the law’s effectiv enes s has been challen ged b ythe fa ct th at many poll u tion sources are decent r alized and diffuse in nature, and therefore difficult to monitor and regul a te. One such source is urban storm water runoff. Pollutants and sediment carried by storm water, as well as the volume a nd temperature of runoff, can alter aquatic habi tats and make it hard fo r fish and other organisms to surviv e. 18 

# Reduci ng P o llution in the Nati on’ s W a

ters

16 GAO, Envi ronmenta l Hea lth : EPA Efforts to Ad d ress Ch i l dren’ s Hea lthI s sue s Need Grea ter Focu s, Di recti o n, a n d Top

- Level Co mmi tment , GA O-08-1155T (W as hington, D

. C. : Sept. 16, 2008).

17 GAO, Clea n Ai r Act: Obse rva t i o ns on E P

A’

s Cost-Ben efi t A n a l y s i s of It s Merc ury Control Op ti on s , GAO-05-252 ( W as hington , D

. C.: F e b. 28, 200 5 ).

18 GAO, Clea n Wa ter: F urth e r I m

p l ementa t i o n a n d Bette r C o st Da ta Need e d to Determi n e Impact of EPA’s Storm Water Program on Co mmunities , G A O-07-479 (Wa s hington, D

. C. : May 31, 2007 ).

P a g e 11 G A O- 09 -4 34 E P A Chal l e n g e sSome pollutants can als o make fish and shellfish unsafe to eat. Moreover, polluted storm water ru noff can n e gatively affect those who use fresh- and saltwater areas for swimming and bo ating. For ex ample, swimmers in water with high lev e ls of bacteria h a v e a gre a ter ri sk of contra cting gastrointestinal or respiratory illnesses. However, EPA still has not develop ed r a pid water-testing methods and current water qu ality standards. 19

The safety o f our nation’ s water is also threatene d by other fa ctors, such as pollutant s discharged from large-s cale animal feeding o p er ations thatenter water bodies. More than a dozen government-sponsored or peerreviewed studies since 2002 on water pollutants emitted by concentrate d animal-feedi n g operation s found increas ed levels of phosphorus, nitrogen, or hormones in surface water and gr oundwater near animal-f eeding operations. According t o EPA, excessive amounts of these nutrients can deplete oxygen in water , which coul d result in fish deaths, reduced aquat i c diversity, and illness in infants. 20 Despite its long-t erm regulation of concentrate d animal-fee ding operati ons, EPA still lacks comp rehensive and reliabl e data on th e number, location, and si ze of the op erations that have b een is sued permits and the am ounts of discharges they release. As a result, EPA has neither t h e informati on it needs to assess the extent to which concentrated ani m al-feeding operations may be cont ributing to water pollution, nor the i n formation it needs to ensure compliance with the Clean Water Act. 21

EPA partners with federal, state, and local a gen ci es, as well a s nongovernmental organi z ations, to develop and i m plement approaches that can red u ce pollutio n in our nati on’s significant water bo dies. However, after decad es of EPA and its partners spearheadin g restoration efforts in areas such as t h e Great La kes and the Chesapeake Bay, improvements in these water bodies r e main elusive. Lackof targeted strategies; coordination among feder a l, state, and local stakeh olders; and realistic goal s to ensure that limited restoration resources are being used

19 GAO, P hys ic al In fr

as tr uc tur e : Challe n g es and In ve s t me n t Option s for the Nation ’s Infrastructure , GAO-08-763T (Washington, D

. C.: May 8, 2008 ).

20 GAO, Concentr a ted Ani m a l Feed i n g Op era ti ons: E P

A Need s Mor e I

n

form a t i o n a n d a Clea rly Defi ne d S t ra tegy to P r

otectAi r a n d Wa ter Qua l i t y from Poll uta n ts of Con ce rn , GAO-08-944 (W as hington, D

. C. : Se pt. 4, 2008)

.

21 GAO-08-944

.

P a g e 12 G A O- 09 -4 34 E P A Chal l e n g e sfor the most effective restoration acti v ities appear to be long- s tanding issues impe ding such efforts.

In recent y e ars, we have made many recommendations to hel p EPA address these problems. To more effect ivel y reg u late the discharges fro m large-scale animal-feedin g operations , EPA should complete i t s efforts to develop an i nventory of permitted operations. 22 In addition, w e recommended that EPA evaluat e the implementation of the st orm water program and issue addit i onal program guidance and conside r regulatory changes to i m prove the quality and c onsistency o f activity rep o rting by communities. To better protect the s afety of our nation’s beaches, EPA needs to pu blish new or revised water quality cri t eria for pat hogens and pathogen i n dicators and develop spe c ific guid an ce on monit o ring frequency and methods of public not ification. 23 In addition, we recommended that EPA ensure that t h e Chesapea ke Bay Prog ram––a partnership between EPA, several states, and th e Chesapeake Bay Commission ––develops a coordinated im plementation strategy that unifi es its various planning do cuments and esta blishes a means to better target it s limited resources to the most cost-effective resto r ation activi t ies. 24 We also recommended that for it s Great Lake s Initiative, EPA develo p a more consistent permitting strategy for co ntrolling mercury and gather more information to help it de velop water quality stan dards and as sess the effect of pro g rams intended to minimize pollutants that are exceed ing standards. 25

EPA agreed with our recommendations in these a r eas. For ex ample, while EPA expect ed to take se veral y ears to fully imple m ent a natio n al data system, EPA and states a r e currently working to develop and i m plement a national dat a system to collect and r ecord facility-specific information on concentrated animal-feeding operati ons and other facilities t h rough its Integrated C o mpliance I n formation System, and has initiated an effort to

22 GAO-08-944

.

23 GAO, Great Lakes: E P

A and States Have M ade Progress in Implementing the BEACH Ac t, bu t Additi o n a l Ac tion s Cou l d Impr ove P u b lic H e a lth P r

otec t ion , GA O-07-591 (Washington, D

. C.: May 1 , 2007 )

.

24 GAO, Ch esa p e a k e Ba y Progr a m : I m

p r

oved S t ra tegi es Ar e Need ed to Bett e r Ass e s s , Rep o rt, a n d M a na ge Resto r a t i o n Progr es s , GAO-06-96 (Wa s hington, D

. C.: Oct. 28 , 2005 )

.

25 GAO, Grea t La kes I n i t i a t i v e: EPA a n d S t a t es Ha ve Ma d e P r

ogre ss, but M uchRema i ns t o Be Don e If Wate r Qu ality Goals Are to Be Achie ve d , GAO-08 -312T (Was hing ton, D

. C. : J a n

. 23, 2008).

P a g e 13 G A O- 09 -4 34 E P A Chal l e n g e sdevelop a ru le to establis h required d a ta el ements and reporti ng frequenci es. Likewise, for the storm water program, EPA has taken steps to improve the quality an d consiste ncy of program data reported by communities and is currently de velo p ing guid an ce, incl uding a reporting form that it believes will help the age ncy obtain b e tter data fo r evaluatin g the program. Finally, EPA agreed wit h our recommendations regarding th e Chesapeake Bay Progra m, and plans to work with the Great Lakes states in assessing approaches for reducin g mercury in lieu of devel oping a mercury permitting strategy.

In addition, i n coming years among the most daunting water pollution control problems will be those faced by the n a tio n ’s water utilities in grappling wi th the multibillion-dollar costs of upgrading aging and deterioratin g infrastructures and bui lding new o n es to serve a growing population. 26 Frequent an d highly pu b licized incid e nces of co mbined sewer overflows into rivers and streams as well as water main breaks in the nation’s largest cities are the most vi sible manifestation of this mounting problem. Overall, water i n frastructure needs acro ss the country have been estimated to cost from $485 billio n t o nearly $1.2 trillion over the next 20 years. Even before the current financ ial crisis, many water ut ilities had difficulty rai s ing funds to repair, rep l ace, or up grade aging capital assets; comply with regulatory r equirements; and exp an d capa c ity t o meet increased de mand. For example, based on a n a ti onwide survey of sev e ral thousand drinking water and wastewat er utilities, we reported several years ago th at about on e-third of the utilities (1) deferred maintenance because of i n sufficient f unds, (2) had 20 per centor more of their pipelines nearing the end of their useful life, a nd (3) lacke d basic plan s for managing their capital assets. 27

We noted in the past thatbetter mana gement tech niques can , at least to some extent, help utilities make the be st use of available dollars in their struggle to meet their infrastructure needs. For e x ample, we recommended comprehensive asset management—a techniq u e whereby water systems syste m at ically identify th eir need s, set priorities, and bett er target their i nvestments—as a tool f o r helping ut ilities make better use of

26 GAO-08-763T , a nd GAO, Wa ter I n

fra s tr uctu r e : Comp reh ensi ve Ass e t Ma na gement Ha s Potenti a l to He lp Uti l i t i es Bet t er I d enti f

y Ne ed s a n d Pla n F u tur e I

n ve stme nts , GAO-04-461 (W as hington, D

. C. : Mar

. 19 , 2004 )

.

27 GAO, Wate r In

fr

as tr uc tur e : In for m ation on F i n a n c i n g , Capital P l an n i n g , an d Privatization , GAO-02-764 (W ashington, D

. C.: Aug

. 16 , 2002 ).

P a g e 14 G A O- 09 -4 34 E P A Chal l e n g e savailab l e fu nds. Additional funds, h o wever, will ultimately b e need ed to narrow the enormous gap between water infrastructure need s and availab l e res ources. Of note, EPA will receive $6 billion in ad ditional water infrastructure funding fr om the rece ntly passed stimulus bill. EPA agreed with our recommendations, and while it has undertaken a nu mber of approaches to encourag e asset man agement, su ch as implementing a sustainable i n frastructure initiative and offering t r aining sessions on best practices, th ere is further work needed to en courage comprehensive asse t management across the nation.

In 1980, Con g ress passed the Comprehensive Environmental Response, Compensation, and Li ability Act, est a blishing the Superfund program and giving th e federal government the aut hority to respond to chemical emergencies and to cl ean up hazard ous waste sites on privat e and publi c lands. The S uperfund program addresses both sh ort- and long-term risk s from toxic chemicals. The act establ i s hed a trust fund financed primarily by taxes on crude oil an d certain ch emicals to pay for EPA’s cleanup activities. T h e authority for these tax e s expired i n 199 5; EPA must now primarily rely on annu al appropriati ons from the general fund to fund cleanups. Th ese appropriations, when ad justed for inflation, have been declining an d the pace o f cleanups h a s slowed. 28 Furthermore, citing competing p r iorities and lack of fund s, EPA has not implemented a 1 980 statutory mandate under Superfund t o require bu sinesses handling hazardous substances to demonstrate their ability to pay for potential environmental cleanups—that is, to provide financial assurances. 29 Because of t h is inaction, EPA has exposed the S uperfund program and U.S. taxpayers to potentially enormous cleanup costs at gold, lead, and other mining sites and o t her industria l operation s. In additio n , we found that EPA fac e s challen g e s in ensuring that institutional contro ls—legal or administrative restrictio ns on land o r resource use to protectagainst exposure to residual con t amination at hazardous waste sites—are adequat ely i m plemented, monitored, and enforce d

. 30 

# Speeding the P a ce of Cleanup at Superfund and Other Hazardous W a ste Sites

28 GAO, S u

p erfun d : Fund i n g a n d Rep o rted Cos t s of Enfo rc ement a n d Ad mi ni stra ti on Activities , GA O-08-841R (Wa s hington, D

. C. : J u ly 18, 2008 ).

29 GAO, Envi ronmenta l Li a b i l i t i es: EPA S h o uld Do More to Ensur e Th a t Li a b le Pa rti es Meet Th ei r Cl e a nup Obli ga ti ons , GAO-05-658 (Was hingt o n , D.C. : A u g. 17, 2 005).

30 GAO, Haza rd ous Wa st e S i t es: I m

p r

oved Effecti v ene ss of Co ntrol s a t S i t es Could Bette r Prote ct th e Pub li c , GAO-05-163 (Was hingt o n , D.C. : J a n

. 28 , 2 0 05).

P a g e 15 G A O- 09 -4 34 E P A Chal l e n g e sIn 198 4, Con g ress required EPA to devise regul a t i ons for the design and operation of undergroun d tanks. In r e sponse, in 1985, EPA began developin g t h e Underground Storage Tank program to prevent releases of petroleum and hazardou s substances into the en vi ronment, detect releases when they o ccur, and cl ean up any c ontamination resulting f r om a release. To support the program and provide public fundi ng to states t o ensure that releases from tanks are cleane d up, i n 198 6 Cong ress established the Leaking Und e rground St orage Tank Trus t Fund, funded primarily through an excise t a x on gasolin e and oth e r motor fuels. The fund has since grown to an estimated $3.2 billi on at the end of fiscal year 2008, yet t h e pace of cleanup rem a ins slow. Under the pro g ra m, tank o w ners and operators are primarily responsible for paying to clean up rel e ases from th eir tanks. They can demonstrate their financial responsibility by using, among other options, state financi a l assurance funds. However, we found that tank

owners so metimes fail to maintain adequate financial responsibility coverag e an d that sever al states’ assurance fund s may lack sufficient resources to ensure timely cleanups. 31

Finally, in 2 005 we foun d that federal and state a gencies h a d identified perchlorate—a component of rocket fuel known to affect h u m an health

— in groundwater, soil, or public drinki ng water systems at almost 400 sites across the country. Nevertheless, th ere is no fed e ral drinkin g water standard or specific req u irement to clean up per c hlorate and the National Academy of Scienc es cal led for addit i onal resear ch on the eff ects of perchlorate exposure. 32

We hav e made several re commendations to help EPA more q u ickly cl ean up hazardou s waste sites. Specifi cally, we recommended thatEPA (1) ensure that f i nancial assurances are in place for sites that manufacture or use toxic ch emicals; (2) improve the in stitutional controls at contaminated sites to ensure better pro t ection of th e public fro m inappropriate use of such sites; (3) ensure th at the owner s of underground storage tanks maintain ac cess to adeq uate finan c i a l resources for cleaning up leaks and that state in surance fun d s provide reliable cove rage for cle a n ing up

31 GAO, Lea ki ng Und ergrou n d S tora g e Ta nks: EPA S h o uld T a ke S t ep s to Be tter E nsu re th e Effecti v e Us e o f

Publi c Fu nd i n g for C l ea nup s , GAO-07-152 ( W as hington , D

. C.: F e b. 8, 2007).

32 GAO, Perch lor a te: A S y s tem t o Tra ck S a m p l i n g a n d Clea n u p Resu lts I s N eed ed , GAO-05-462 (W as hington, D

. C. : May 20 , 2005 ).

P a g e 16 G A O- 09 -4 34 E P A Chal l e n g e sleaking t ank s; and (4) establish a form al structure to central l ytrack an d monitor perchlorate det ections and the status of cleanup eff o rts.

EPA has gen erally a g ree d with our recommendations in these areas, but has not yet i m plemented any of th em. EPA disagreed with our recommendation regard i ng establish i ng a p e rchl orate tracki n g structure because th e agency beli eves that it al ready has su fficient capability to track and monitor perch l orate detect i on and cl eanup efforts. Nevertheles s, we continue to believe t h at such a s y stem would better info rm the public and others about perchl orate’s presence in th eir communities.

In addition t o the ch alle nges with which EPA ha s struggled for years, ne w challen ges a r e emerging, chief amon g them, climate ch ange. Changes in the earth’s climate attributable to in creased concentrations of greenhous e gases may h ave signifi c ant environm ental and economic impacts in the United States and intern ationally. Among other potential impacts, climat e change coul d threaten c o astal areas with rising sea le vels, alt e r agricultural productivity, and increa se the intensity and frequ ency of floods and tropical storms. Furthermore, climate change has i m plications for the fiscal health of th e federal go vernment, af fecting fe der a l crop and flood insurance programs, and placin g new stresses on infrastructure and natural resources. Accor d ingly, th er e are numerous legislative proposals for reducing greenhouse gas emissions and reduci n g the n a tio n ’s use and dependence on fossil fuels. EPA will be at the center of the f e deral government’ s strategy fo r addressing this monumental ch allenge.

We have previously repo rted that th e federal government’s approach to climate cha n ge has b e e n ad hoc, no t comprehensive, and notwell coordinated across government agen cies. Spec i fi cally, th e fe deral government lacks a comp rehensive a pproach for targeting f e d e ral research dol lars at the d evelopment and deplo y ment of low-carbon technologi e s. Federal l an d management agen cies are behind i n their efforts to develop strate gies and g u i d ance for ad apting to cli m ate chang e , and federal crop insurance and fl ood insurance h ave not yet e m braced the implications of climate c h ange on th eir portfolios. Moreover, the techn i c a l challen ges o f carbon cap t ure and sto r age; biofu e l s development, production, and distribution; and alt e rnative sou r ces of ener gy have not been fully re searched. Fi nally, e n ergy conservatio n efforts hav e remained stagnant ov e r the past de cade.

To inform Congress as it considers various legislative propos als for addressing climate chan ge, we repor ted on the economic implications of 

# Addressing Emerging Climate Change Issues

P a g e 17 G A O- 09 -4 34 E P A Chal l e n g e sdifferent pol icy options, lessons l earned from the European Union’s efforts to implement mandatory car bon reducti ons, and the Clean Developmen t Mechanism under the K y ot o Protocol. We also r e ported on the chall e nges in carbon capture and storage—an other key co mponent of most climate chan ge l e g i slative prop osals—and identified pr oblems that must be resolved. W e h ave also issued information on the carbon offset market, and identified ch allenges th atmust be resolved before this can be a part of cli m ate chang e legislation.

We hav e made several re commendations to help various fede ral agen cies better addre ss climate changes, in cl uding recommending tha t EPA and the Department of Energy p u t more rigor into their v o luntary emission reduction pr ograms and track and re port results. We also recommended that federal agenci es de velop cl ear written communications to resource managers that explains h o w managers are expect ed to addres s the effects of climate c h ange. 33 In ad dition, we recommended that federal agenci es better coord i nate and more comprehensively id entify and a ddress research ga ps in alterna t ive fuels, cl ean co al, an d other emission reduction technologi e s. Finally, we recommend ed that fed e ral agencies s t ep up energy conservation eff o rts. 34 Agenci es responsible for volunt ary climate change programs, including EPA, as well as agen cies responsible for climate cha n ge researc h generall ya g reed with o u r recomme ndations but have b een sl ow to implement them.

While EPA has made some progress in improving its operati ons, many of the same issues still remain. EPA’s mission is, without question, a difficult one: its poli c ies and pro g rams affect virtually all segments of the econom y, society, and government, and it is in t h e unenviab l e position o f enforcing myriad inherently contr o versial envi ronmental laws and maintaining a delicate bala nce between the ben e fits to public h e alth and th e environment with the co st to indus try and oth e rs. Nevertheless, the repetitive an d persistent nature of th e shortcomings we have observed 

# Concluding Observations

33 GAO, Cli m a t e Ch a n ge: Fed e r a l Agenci e s S h o uld Do More t o Ma ke Fu nd i n g Rep o rts Clea rer a n d E ncou r a

g e P r

og res s on Two Vo lunta r y P r

ograms , GA O-06-1126T (Washington, D

. C.: Se pt. 27, 20 06), a n d Clima t e Chan ge : EPA an d DOE Sh ou ld Do Mor e to Encoura ge P r

o g res s Und e r T

w o Vol unta r y Progra m s , GAO-06-97 (Was hi ngton , D

. C. : Ap r. 25, 2006).

34 GAO, Cli m a t e Ch a n ge Resea r c h : Agen c i e s H a ve Da ta -S ha ring Poli ci e s b u tCould Do More to Enh a nce th e Ava i l a b i l i t y of Da ta from Fed era lly F und ed Res e a r c h , GAO-07-1172 (Washington, D

. C.: Se pt. 28, 20 07).

P a g e 18 G A O- 09 -4 34 E P A Chal l e n g e sover the y e a r s points to serious challenges for EPA to effectiv ely implement its programs. Until it addresses these long-standin g chall e nges , EPA is unlikely to be abl e to respond effectively t o much larger emerging challenges, such as climate change. Facing these challe nges head-on will require a sustained com m itment by agenc yle ad ership. As a new administrati on takes offi ce and begins to chart the agency’s course, it will be important for Congress and EPA to continue t o focus on t h e issues we have id entifi ed.

We are send ing copies of this report to interested congressional committees and the Administrator of EPA. The report also is availab l e at no charge o n the GAO Web site at http://www.gao.go v

. If you or yo ur staffs have any questi ons about th is report, please contact me at (202) 512-3 841 or stephensonj@gao.gov . Contact point s for our Offices of Congressional Relations and Public Af fairs may be found on the last page of t h is report. GAO staff wh o made major contributions to this

John B. Stephenson report are li sted in appendix I.

Director, Natural Resources and Envi ronment

P a g e 19 G A O- 09 -4 34 E P A Chal l e n g e sAppendix I: A GA O Conta c t a n d Staff

c kno w l edg m e n ts

P a g e 20 G A O- 09 -4 34 

# Appendix I: GAO Contact and Staff Acknowledgments

John B. Stephenson, (202) 512- 3841 o r stephensonb@gao.gov

In addition t o the cont act named abo ve, other k e y contributo r s to this report inclu d e Kevin Br ay, Antoinet te Capac c io, Kate Carda m one, Steve Elstein, Liz Erdmann, Christine Fishkin, Brian Friedman, John Gates, Melissa Hermes, Michael Hix, Anne Johnson, Rich Johnson, Karen Keegan, Ed Kratzer, Justin Maus el, SherryMcDonald, Mehrzad Nadji, Emily Norman, Alison O’Neill, Vincent Pric e, Diane Raynes, John Smith, Joe Thompson, and Lisa Voj t a. 

# GAO Contact

Acknowledgments

E P A Chal l e n g e sRelated GA O P r oducts

P a g e 21 G A O- 09 -4 34 

# Related GAO Products

High-Risk Series: An Update

. GAO-0 9 -271 . Washi n gton, D.C.: January 2009

.

Environmental Enforcement and Compliance

EPA’s Execution of Its Fiscal yea r 2007 New Budget Authority for the Enforcem en t and Compliance A ssur a nce Progra m in the Re gional Offices

. GAO-08-110 9R

. Washington, D.C.: September 26, 2008.

Environmental Enforcement: EPA Need s to Im prove the Ac curacy and Transparen cy of Measu res Used to Report on Program Effe ctivene s s

. GAO-08-111 1R . Washing t on, D.C.: Se ptember 18, 2008

.

Environme n tal Protecti o n: EPA-State Enforc em ent Partne rs hip Has Improved, but EPA’s Ov ersight N eed s Furthe r E n hancement

. GAO-07-883 . Washington, D.C.: July 31, 2007.

Environme n tal Compliance and E n

forcem ent: EPA’s Effor t to Improve and Make M o re Consis te nt Its Compl i ance and E n

forcement Activiti es

. GAO-06-840 T . Washingt on, D.C.: June 28, 20 06.

Asses s ing Human Capital Issues

EPA’s Execution of Its Fiscal yea r 2007 New Budget Authority for the Enforcem en t and Compliance A ssur a nce Progra m in the Re gional Offices

. GAO-08-110 9R

. Washington, D.C.: September 26, 2008.

Environme n tal Protecti o n: EPA-State Enforc em ent Partne rs hip Has Improved, but EPA’s Ov ersight N eed s Furthe r E n hancement

. GAO-07-883 . Washington, D.C.: July 31, 2007.

Environme n tal Compliance and E n

forcem ent: EPA’s Effor t to Improve and Make M o re Consis te nt Its Compl i ance and E n

forcement Activiti es

. GAO-06-840 T . Washingt on, D.C.: June 28, 20 06.

Clean Water Act: Improv ed Resource Planning Would Help EPA Better Respond to Changing Needs and Fi scal Constra i nts

. GAO-0 5 -721

. Washington, D.C.: July 22, 2005.

Human Cap i tal: Implem enting an E ffective Wor k force Strat e gy Would Help EPA to Achieve Its Strategic Go als

. GAO-01-812 . Washington, D.C.: July 31, 200 1

. 

## High-Risk Series

Improving Agencywide Managem ent

E P A Chal l e n g e sRelated GA O P r oducts

Improving the Develop ment and Use of Environ m ental information

Environme n tal Protecti o n: EPA Nee d s to Follow Best Pra c ti ces and Procedur es When R e organizi ng Its Library Network

. GAO-08-57 9T

. Washington, D.C.: March 13, 200 8.

Environme n tal Protecti o n: EPA Nee d s to Ensur e That Best Practic es an d Procedur es Are Followe d When Making Further Changes to I t s Library Network

. GAO-08-304 . Washington, D.C.: February 29, 20 08.

Toxic Chem ical Rel e ases: EPA A c tio n s Could Reduce Enviro nmental Information Available to Many Communities

. GAO-08-128 . Washington, D.C.: November 30, 200 7.

Measu r ing Our Nation’ s Natural R esourc es an d Environmental Sustainability: Highlig h ts of a Forum Jointly Convened by the Comptroller General of the United States and the National Academy of Science

. GAO-08-127SP

. Washington, D.C.: October 200 7.

Environmental Right-To-Know: EP A’s Recent R u le Could Reduce Availability of Toxic Chemical Infor m ation Use d to Asses s Environmental Justice

. GAO-08-115 T . Washingt on, D.C.: October 4, 2007.

Environme n tal Justice: Measu r able Benchmark s Ne eded to Gauge EPA Progress in Corre cting Past Problems

. GAO-07-1140T . Wash ington, D.C.: July 25, 200 7

. Environmental Information: EPA Acti ons Cou l d Reduce th e Availabilit y of Environmental Information to the Public

. GAO-07-464T . Washington, D.C.: Februa ry 6, 2 007.

Environme n tal Indicat o rs: Bett er C oordination Is Ne eded t o Develop Environme n tal Indicat o r Sets That Inform Dec i sions

. GAO-05-52

. Washington, D.C.: Nove mber 17, 20 0 4

.

EPA’s Execution of Its Fiscal yea r 2007 New Budget Authority for the Enforcem en t and Compliance A ssur a nce Progra m in the Re gional Offices

. GAO-08-110 9R

. Washington, D.C.: September 26, 2008.

Environme n tal Health: EPA Efforts to Address Children’s Health I ssue s Need G reat e r Focus, Di r ection, and Top-Level Commitment

. GAO-08-115 5T . Washing t on, D.C.: Se ptember 16, 2008

. 

## T

r ansforming EP A

’ s Processes for Asse ssing and Controlling T o xic Chemical s

P a g e 22 G A O- 09 -4 34 E P A Chal l e n g e sRelated GA O P r oducts

Chemical A sse ssment s : EPA’s Ne w Asse ssm ent Proces s W i ll Further Limit the Pr oductivity and Credibili t y of Its Inte grated Risk Information System

. GAO-08-810T

. Washington, D.C.: May 2 1 , 20 08.

Toxic Chem icals: EPA’ s New Ass e s s m ent Proce s s Will Incr e a se Challenges EPA Faces in Evaluating and Regulating Chemicals

. GAO-08-743 T . Washingt on, D.C.: April 29, 2 008.

Chemical A sse ssment s : Low Produc tivity and New Int erage ncy Revie w Proces s Lim i t the Us eful ness and C r

edibility of EPA’s Integ r ated Ri sk Information System

. GAO-08-440 . W a shington, D

. C.: March 7, 200 8.

Chemical R e gulation: Comparison of U.S. and Recen tly En acted European Union Approaches to Pro t ect against the Risks of Toxic Chemical s

. GAO-07-825 . Washington , D.C.: Augu st 17, 20 07.

Environmental Contamination: D e partment o f

Defen se A c tivities Related to T r

ichloroethy l ene, Pe rchlorate, and Other Emerging Contaminants

. GAO-07-1042T . Wash ington, D.C.: July 12, 200 7.

Perchlorat e : EPA Does Not System a tically Tra c k Incident s of Contamination

. GAO-07-797T . Washington, D.C.: April 25, 2007.

Chemical R e gulation: Actions Ar e N eeded to Im prove the Ef fectiven ess of EPA’s Chem ical Review Program

. GAO-06-1032T . Washington, D.C.: August 2, 20 06.

Chemical Regulation: Approaches in the United States, Can ada, and the European Union . Washington, D.C.: GAO-06-217 R . November 4, 20 05.

Chemical R e gulation: Options Exist to Improve EPA’s Abilit y to Asses s Health Ri sks and Mana ge Its Chem ical Revi ew Program

. GAO-05-458

. Washington, D.C.: June 13, 2005.

World Trade Center: EP A’s Most R e c e nt Test and Clean Program Rais es Concern s T hat Need to Be Addr ess e d to Better P repare for I n door Contamination Following Disasters

. GAO-07-1091 . Washington, D.C.: September 5 , 200 7.

Particulate Matte r: EPA Needs to M a ke More Pr ogress in Ad dres sing the National Academies’ Recommendations on Estimating Hea l th Benefit s

. GAO-06-992 T . Washingt on, D.C.: July 19, 20 06. 

## Improving Implementation of the Clean Air Ac t

P a g e 23 G A O- 09 -4 34 E P A Chal l e n g e sRelated GA O P r oducts

Particulate Matte r: EPA Has Start e d to Address t h e National Academi es’ Recommend ations on Estimating H e alth Benef i ts, but More Progress Is Needed

. GAO-06-780 . W a shington, D

. C.: July 14, 2006

.

Clean Air A c t: EPA Should Improve the Management of Its Air Toxics Program

. GAO-06-669 . Washington, D.C.: June 23, 2006.

Air Pollutio n : Estimated Emissions from Two New Mex i ca li Power Plants Are L o w, but Hea l th Impacts Are Unknown

. GAO-05-823

. Washington, D.C.: August 12, 2 005

.

Clean Ai r A c t: Emergin g Mer c ury C o ntrol Technologies Ha ve Shown Promising Results, but Data on Long-Term Perf ormance Ar e Limited

. GAO-05-612 . Washington , D.C.: May 3 1 , 20 05.

Environme n tal Health: EPA Efforts to Address Children’s Health I ssue s Need G reat e r Focus, Di r ection, and Top-Level Commitment

. GAO-08-115 5T . Washing t on, D.C.: Se ptember 16, 2008

.

Recen t Act i ons by the Chesapeake Ba y Program Are Posit i ve Steps Toward Mor e Effe ctively Guiding the Resto r ation Effort, but Additional Steps Ar e N eeded

. GAO-08-11 31R . Washington, D

. C.: August 28, 2008.

Chesapeake Bay Program: Recent A c tions Ar e P o sitive Step s Toward More Eff ect i v ely Guidin g the Restor ation Effort

. GAO-08-103 3T

. Washington, D.C.: July 30, 2008.

Concentrat e d Animal Fe eding Opera ti ons: EPA Needs Mor e Information and a Clearly Defined Strategy to Protect Air an d Water Qu ality from Pollutants of Concern , GAO-08-944 . Washington, D.C.: Sept. 4, 2008.

Physical Inf r

astru c ture: Challenges and Invest ment Optio n s for the Nation’s Inf r

astru c ture , GAO-08-763 T . Washingt on, D.C.: May 8, 200 8.

Internation a l Boundary and Water Commissio n : Two Alternatives for Improving Waste w ate r Treatment a t the United States-M e

xi co Border

. GAO-08-595 R . Washingt on, D.C.: April 24, 2 008.

Great Lakes Initiative: EPA and States Have M ade Progres s, but Much Remains to Be Done If Water Quality Goals Are to Be Achieved

. GAO-08-312 T . Washingt on, D.C.: Jan u ary 23, 20 0 8

. 

## Reducing Pollution in the Nation’ s W a

ters

P a g e 24 G A O- 09 -4 34 E P A Chal l e n g e sRelated GA O P r oducts

Coastal Wetl ands: Lesso ns Learned from Past E fforts in Lo uisiana Could Help Guide Futu re Re storati o n and Protection

. GAO-08-13 0

. Washington, D.C.: Dece mber 14, 20 0 7

. South Florida Ecosyste m: Some Restoration Pr ogress Ha s Been Made, but the Effort Face s Significant D e l ays, Implem entation Ch allenges, an d Rising Cost s

. GAO-07-1250T . Washington, D.C.: September 19, 2007.

Marit i me T r

ansportation: Major O i l Spills Occur Infrequently, but Risks to the Federal Oil Spill Fund Remain

. GAO-07-1085 . Washi n gton, D.C.: September 7 , 200 7.

The BEAC H Act of 2000: EPA and States Have Made Progress Implementi ng the Act, but Further Actions Cou l d Increa se Public Healt h Protection

. GAO-07-107 3T . Washington, D.C.: July 12, 2007.

South Florida Ecosystem: Restoration Is Movin g Forward but Is Facing Significant Delays, Imp l ementation Challenges, and Rising Costs

. GAO-07-520 . Washington , D.C.: May 3 1 , 20 07.

Clean Wat e r : Further Im plementatio n and Better Cost Data Needed to Dete rmine I m

pact of EPA’s Storm W a ter Progra m on Communities

. GAO-07-479 . Washington , D.C.: May 3 1 , 20 07.

Great Lakes : EPA and States Have Made Progr ess in Imple m enting the BEAC H Act, but Additional Actions Could Improve Public Health Protection

. GAO-07-591 . Washington , D.C: May 1, 200 7.

Chesapeake Bay Program: Improved Strategies Needed to B e tter Guide Restoration Efforts

. GAO-06-614T

. Washington, D.C.: July 13, 2006.

Chesapeake Bay Program: Improved Strategies Are N eeded to Better Asse ss, R e p o rt, and Manage Restor ation Progress , GAO-06-96

. Washington, D.C.: Oct. 28, 2005.

Great Lakes Initiative: EPA Ne eds t o Better En s u re the Com p lete and Consisten t Implementation of Water Quality Standards

. GAO-05-829

. Washington, D.C.: July 27, 2005.

Water Infra s tructu re: C o mprehensi ve Asse t Ma nagement H a s Potential to Help Util i t ies B e tte r I d entify Ne e d s and Plan Future Inve stments , GAO-04-461 . Washington, D.C.: Mar. 19, 2004.

P a g e 25 G A O- 09 -4 34 E P A Chal l e n g e sRelated GA O P r oducts



## Speeding the Pace of Cleanup at Superfund and Other Hazardous W a ste Sites Electroni c Waste: Har m

ful U.S. Exports Flow Virtually U n rest rict ed Becaus e of Minimal EP A Enforcem ent and Nar r

ow Regulat i on

. GAO-08-116 6T . Washing t on, D.C.: Se ptember 17, 2008

.

Hurricane Katrina: Co ntinuing Debris Remov a l and Disp osal Issues

. GAO-08-985 R . Washingt on, D.C.: August 25, 2008.

Superfund: Funding and Reported Costs of Enf o rcement an d Administ ra tion Activities

. GAO-08-841R . Washin gton, D.C.: July 18, 20 08.

Abovegroun d Oil Storage Tanks: Mo re Complete Facility Data Could Improve Im plementatio n of EPA’s Spill Preventi on Program

. GAO-08-482 . Washington, D.C.: April 30, 2008.

Hazardous Waste: Information on How DOD a n d Federal and State Regulators Oversee the Off-Site D i sposal of Waste from DO D Installation s

. GAO-08-74 . Washingt on, D.C.: November 13, 2 007.

Hazardous Mater i als: E P

A May N e e d to Reasse s s Sites Rec e i v ing Asbestos-Contaminated Ore from Li bby, Montana, and Shou l d Improve Its Public N o tification Proces s

. GAO-08-71 . Washington, D.C.: October 12, 2007

. Aboveground Oil Storage Tanks: Observations o n EPA’s Eco n omic Analyses of Amendment s to th e Spill Prevention, Control, and Countermea sure Rul e

. GAO-07-763 . Washington, D.C.: July 27, 2007.

Hurr icane Katrina: EP A’s Curr ent and Future Environme n tal Protection E fforts Could Be Enhanc e d by Addres sing Issu es and Challenges Faced on the Gulf Coast

. GAO-07-65 1 . Washingt on, D.C.: June 25, 2 007

. Leaking Underground Storage Tanks: EPA Should Take Steps to Better Ensure th e Effective Use of Public Funding for Cleanups

. GAO-07-152

. Washington, D.C.: February 8, 200 7.

Recycl ing: A dditional Efforts Could Incr ease Mu nicipal Re c y cling

. GAO-07-37

. Washington, D.C.: Dece mber 29, 20 0 6

.

Environmental Liabilities: EP A Shoul d Do More to Ensure That Liable Parties M eet Their Cl ean u p Obligations , GAO-05-658 . Washington, D.C.: Aug. 17, 200 5.

P a g e 26 G A O- 09 -4 34 E P A Chal l e n g e sRelated GA O P r oducts

Perchlorat e : A System to Track Sampling and Cleanup Resul t s Is N eed ed , GAO-05-462 . Washington , D.C.: May 2 0 , 20 05.

Hazardous Waste S i te s: Improved Effectiven ess of Controls at Sites Could Better Protect the Public , GAO-05-16 3 . Washington, D.C.: Jan. 28, 2005

.

Climate Ch ange: Feder a l Actions Will G reatly Affect the V i ability of Carbon Capture and Storage As a Key Mitigation Option

. GAO-08-1080

. Washington, D.C.: September 30, 2008.

Carbon Offs ets: The U.S. Voluntary Market I s G r owing, but Quality Assuran ce P o ses Challen g es for Ma rket Partic ipa n ts

. GAO-08-1048

. Washington, D.C.: August 29, 2 008

.

Climate Ch ange: Expert Opinion on th e Economics of Poli cy Options t o Addres s Cli m ate Change

. GAO-08-605 . Washington, D.C.: May 9, 200 8.

Climate Ch ange Resea rch: Agencies Have Data- Sharing Policies but Could Do More to Enhance the Avai la bility of Data from Federally Funded Research

. GAO-07-11 72 . Wa shington, D.C.: September 28, 200 7.

Climate Ch ange: Agenc i es Should Develop Gui dance for A ddress ing the Effect s on Federal Land and Water Resour ces

. GAO-07-863 . Washington, D.C.: August 7, 2 007.

Biofuels: D O E Lacks a Strategic Ap proach to Coordinate I n crea sing Production with Infrastructure Dev e lopment and Vehicle Needs

. GAO-07-713 . Washington , D.C.: June 8, 20 07.

Climate Ch ange: Financial Ri sks to Federal an d Private In sure rs in Coming Decades are Potentially Significant

. GAO-07-820T . Washington, D.C.: May 3, 2007

.

Climate Ch ange: Financial Ri sks to Federal an d Private In sure rs in Coming Decades Are Potentially Significant

. GAO-07-285 . Washington, D.C.: March 16, 2 007

. Energy Effi cien cy: Long-standing Problems wi th DOE’s Pr ogram for Setting Effi cien cy Standards Conti nue to Resul t in Forgone Energy Savings

. GAO-07-42 . Washington, D.C.: January 31, 2007. 

## Addressing Emerging Climate Change Issues

P a g e 27 G A O- 09 -4 34 E P A Chal l e n g e sRelated GA O P r oducts

Climate Ch ange: Federal Agencies Should Do More to Mak e Funding Reports Cl e a rer and En courage Progress on Tw o Voluntary Programs

. GAO-06-112 6T . Washing t on, D.C.: Se ptember 27, 2006

.

Climate Ch ange: Great er Clar ity and Consistency Are Needed in Reporting F e deral Climate Change Funding. GAO-06-1122T

. Washington, D.C.: September 21, 2006.

Climate Ch ange: EPA and DOE Shoul d Do More to Encourage Progress Under T w o Voluntary Programs

. GAO-06-97 . Washington, D

. C.: April 25, 2006

.

(361060) P a g e 28 G A O- 09 -4 34 E P A Chal l e n g e s

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