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Report to the Subcommittee on Interior, Environment, and Related 
Agencies, Committee on Appropriations, House of Representatives: 

United States Government Accountability Office: 
GAO: 

March 2009: 

Environmental Protection Agency: 

Major Management Challenges: 

GAO-09-434: 

GAO Highlights: 

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

Why GAO Did This Study: 

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 Found: 

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

* Improving agencywide management. EPA has launched various initiatives 
to address crosscutting general management issues, including 
environmental enforcement and compliance, human capital management, and 
the development and use of environmental information. However, these 
initiatives have generally fallen considerably short of their intended 
results. 

* Transforming EPA’s processes for assessing and controlling toxic 
chemicals. 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 areas warranting increased attention 
by Congress and the executive branch. 

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

* Reducing pollution in the nation’s waters. EPA partners with federal, 
state, and local agencies and others to reduce pollution in the 
nation’s waters. Among the most daunting water 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 
billion in additional water infrastructure funding from the recently 
passed stimulus bill. 

* Speeding the pace of cleanup at Superfund and other hazardous waste 
sites. Congress passed the Comprehensive Environmental Response, 
Compensation, and Liability Act, better known as Superfund, in 1980, 
giving the federal government the authority to ensure the cleanup of 
hazardous waste sites both on private and public lands. Nonetheless, 
several key management problems have not been resolved since that time. 
For example, citing competing priorities and lack of funds, EPA has not 
implemented a 1980 statutory mandate under Superfund to require 
businesses handling hazardous substances to provide financial 
assurances to pay for potential environmental cleanups. 

* Addressing emerging climate change issues. In GAO’s view, the federal 
government’s approach to climate change has been ad hoc and is not well 
coordinated across government agencies. For example, the federal 
government lacks a comprehensive approach for targeting federal 
research dollars toward the development and deployment of low-carbon 
technologies. 

What GAO Recommends: 

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. 

View [hyperlink, http://www.gao.gov/cgi-bin/getrpt?GAO-09-434] or key 
components. For more information, contact John Stephenson at (202) 512-
3841 or stephensonj@gao.gov. 

[End of section] 

Contents: 

Letter: 

Improving Agencywide Management: 

Transforming EPA's Processes for Assessing and Controlling Toxic 
Chemicals: 

Improve Implementation of the Clean Air Act: 

Reducing Pollution in the Nation's Waters: 

Speeding the Pace of Cleanup at Superfund and Other Hazardous Waste 
Sites: 

Addressing Emerging Climate Change Issues: 

Concluding Observations: 

Appendix I: GAO Contact and Staff Acknowledgments: 

Related GAO Products: 

[End of section] 

United States Government Accountability Office:
Washington, DC 20548: 

March 4, 2009: 

The Honorable Norman D. Dicks: 
Chairman: 
The Honorable Michael K. Simpson: 
Ranking Member: 
Subcommittee on Interior, Environment, and Related Agencies: 
Committee on Appropriations: 
House of Representatives: 

The Environmental Protection Agency (EPA) operates in a highly complex 
and controversial regulatory arena, and its policies and programs 
affect virtually all segments of the economy, society, and government. 
EPA's overarching mission is to protect human health and the 
environment by implementing and enforcing environmental laws intended 
to improve the quality of our air and water and to protect our land. As 
you know, EPA's responsibilities are carried out under a complex set of 
environmental laws, such as the Clean Air Act and the Toxic Substances 
Control Act (TSCA). The agency is composed of major offices aligned 
with environmental laws and 10 regional offices. The agency's budget 
has been declining in recent years from $7.8 billion in fiscal year 
2000 to $7.1 billion requested for fiscal year 2009--a decline of about 
28 percent in real terms.[Footnote 1] EPA's 2009 budget included about 
$939 million for clean air and climate change, $2.6 billion for clean 
water, and $1.7 billion for land restoration. The just-released 
President's fiscal year 2010 budget request includes $ 10.5 billion for 
EPA. EPA will also receive an additional $7.2 billion in stimulus 
funding from the American Recovery and Reinvestment Act of 2009, 
primarily for water infrastructure projects and Superfund. 

Charged initially with cleaning up pollution of the environment, EPA's 
tasks have become increasingly complicated as we understand more about 
the dangers and pervasiveness of toxic substances. The emergence of 
issues such as stratospheric ozone depletion and climate change suggest 
that the agency's responsibilities will continue to grow. Furthermore, 
enforcement activities primarily occur in EPA's 10 regions, which 
possess considerable autonomy--causing significant variations in 
enforcement activities from region to region. EPA also implements 
regulations to benefit public health and the environment while 
balancing, as appropriate, the cost to industry and others--a 
particularly controversial issue--and implements laws, such as the 
Clean Air Act, while complying with numerous court orders resulting 
from the myriad lawsuits brought against the agency by states, 
concerned citizens, special interest groups, and others. 

Considering EPA's evolving roles and responsibilities, we were asked to 
identify the major management challenges and program risks that EPA 
faces as it works to accomplish its mission of protecting human health 
and the environment. 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. All of the material in 
this report is drawn from our work over the last few years. (See 
Related GAO Products at the end of this report). In these reports, GAO 
has made a number of recommendations intended to improve EPA's programs 
by enhancing the information it uses to manage its programs and 
strengthening internal controls. EPA has generally concurred with our 
recommendations, but has been slow to implement some of them.[Footnote 
2] 

Improving Agencywide Management: 

Our past work has identified several major management challenges at 
EPA, including ensuring consistent environmental enforcement and 
compliance, addressing human capital issues, and improving the 
development and use of environmental information. 

* Ensuring consistent environmental enforcement and compliance. EPA has 
authorized states to carry out much of the day-to-day responsibilities 
for timely, appropriate enforcement of environmental laws; however, we 
found that EPA does not effectively oversee how well the states are 
carrying out these responsibilities. Specifically, we found that EPA 
has not (1) identified the causes of poorly performing state 
enforcement programs, (2) informed the public about how well the states 
are implementing their enforcement responsibilities, and (3) assessed 
the performance of EPA's regional offices in carrying out their state 
oversight responsibilities--performance that has been inconsistent over 
the years. EPA has also been slow to improve long-standing problems in 
its enforcement data, which, among other things, hampers its ability to 
accurately determine the universe and characteristics of entities 
needing regulation to ensure that (1) the public is afforded equal 
protection under environmental laws and (2) regulated parties, 
taxpayers, and ratepayers are not subjected to widely varying costs of 
environmental compliance among regions. Further, we have reported that 
how EPA calculates and reports penalties, the value of injunctive 
relief, and the amount of resulting pollution reduction may undermine 
the transparency and accuracy of its reported outcomes and cause EPA to 
both over-and underreport its enforcement achievements.[Footnote 3] 

We have recommended that EPA enhance its oversight of regional and 
state enforcement activities to implement environmental programs 
consistent with the requirements of federal statutes and regulations. 
We also recommended that EPA develop an action plan for addressing 
enforcement problems identified in state programs; ensure that states 
have sufficient resources to implement and enforce programs, as 
authorized by EPA; and help the states improve their capacity for 
enforcement.[Footnote 4] EPA should also routinely conduct performance 
assessments of regional and state enforcement programs and communicate 
the results of the assessments to the public and the regulated 
industry. We also recommended that the EPA Administrator take a number 
of actions to disclose more information when reporting penalties and 
estimates of the value of injunctive relief and pollution reduction. 
[Footnote 5] 

EPA has generally agreed with our recommendations and is in the process 
of implementing them. In particular, the agency has developed an 
initiative known as the State Review Framework that it believes will 
(1) address many of the long-term problems related to providing fair, 
consistent, and transparent enforcement throughout the country and (2) 
obtain accurate data that can be used to determine the extent of state 
compliance with enforcement standards and the need for corrective 
actions. However, such efforts are still in the early stages, and their 
success is uncertain and will depend on continued commitment of senior 
management along with sufficient priority and resources. EPA also 
stated that it would take actions to disclose more information when 
reporting estimates of injunctive relief and pollution reductions and 
consider our recommendation to report collected penalties. 

* Addressing human capital issues. EPA has struggled for several years 
to identify its needs for human resources and to deploy its staff 
throughout the country in a manner that would do the most good. We 
found that EPA's process for budgeting and allocating resources does 
not fully consider the agency's current workload, and that in preparing 
requests for funding and staffing, EPA makes incremental adjustments, 
largely based on an antiquated workforce planning system that does not 
reflect a bottom-up review of the nature or distribution of the current 
workload.[Footnote 6] Moreover, EPA's human capital management systems 
have not kept pace with changes that have occurred over the years as a 
result of changing legislative requirements and priorities, changes in 
environmental conditions in different regions of the country, and the 
much more active role that states now play in carrying out day-to-day- 
activities of federal environmental programs. 

To remedy its antiquated and unscientific methods for determining 
workload and allocating staff resources, we recommended that EPA 
substantially improve its resource planning by identifying the factors 
that derive the national and regional workload and develop more 
realistic allocation systems for deploying staff with the requisite 
skills and capabilities to areas of the country where they are most 
needed to address the highest-priority needs. 

EPA has not paid sufficient attention to human capital issues over the 
years. During the past several years, EPA has taken a number of actions 
to improve its workforce management. For example, the agency has 
developed a strategic approach to ensure that it has, and will continue 
to have, the requisite competencies to carry out its programs 
effectively. Nonetheless, the number of regional staff at individual 
offices and their skills and competencies continue to be driven 
primarily by historical staffing patterns rather than a fresh 
assessment of regional needs, given the regional workload and the role 
that states play in the enforcement process, which varies greatly from 
region to region. 

* Improving development and use of environmental information. Critical, 
reliable environmental information is needed to provide better 
scientific understanding of environmental trends and conditions and to 
better inform the public about environmental progress in their locales. 
We found substantial gaps between what is known and the goal of full, 
reliable, and insightful representation of environmental conditions and 
trends to provide direction for future research and monitoring efforts. 
[Footnote 7] EPA has struggled with providing a focus and the necessary 
resources for environmental information since its inception in 1970. 
While many data have been collected over the years, most water, air, 
and land programs lack the detailed environmental trend information to 
address the well-being of Americans. EPA program areas have also been 
hampered by deficiencies in their environmental data systems. For 
example, the quality of environmental data constrains EPA's ability to 
assess the effectiveness of its enforcement policies and programs 
throughout the country and to inform the public about the health and 
environmental hazards of dangerous chemicals. 

We recommended that EPA better emphasize the development and use of 
environmental indicators and information, not only in its strategic 
plan but also as a mechanism for prioritizing its allocation of limited 
resources and measuring the success of environmental policies and 
programs. GAO and policymakers in the executive and legislative 
branches have proposed the establishment of a Bureau of Environmental 
Statistics to provide the focus and resources needed to address the 
nation's current and long-term environmental conditions and trends. 
Such a bureau would ensure top-level commitment, interagency 
coordination, and clear responsibility for ensuring the 
comprehensiveness and credibility of environmental information. In 
addition, we recommended that EPA develop a consistent approach to 
ensure the transparency and accuracy of measures to determine its 
program effectiveness. Finally, we also recommended that EPA ensure 
that information on environmental health risks and on companies that 
manufacture and use toxic chemicals is effectively collected and 
communicated to the public. 

EPA has generally agreed with our recommendations, and has made some 
progress in trying to obtain and use improved environmental information 
over the past several years. However, the agency's efforts have been 
sporadic and spread among the various EPA offices. As such, the 
environmental information initiatives at EPA have been incomplete and 
lack a high-priority, coordinated, strategic approach that is necessary 
to link limited resources with the most critical data needs. 

Transforming EPA's Processes for Assessing and Controlling Toxic 
Chemicals: 

EPA's ability to effectively implement its mission of protecting public 
health and the environment depends on credible and timely assessment of 
the risks posed by toxic chemicals. Such assessments are the 
cornerstone of scientifically sound environmental decisions, policies, 
and regulations under a variety of statutes, such as TSCA. However, EPA 
has failed to develop sufficient chemical assessment information to 
determine whether it should establish controls to limit public exposure 
to many chemicals that may pose substantial health risks. As discussed 
below, in a number of reports, we have identified actions that are 
needed to (1) enhance EPA's ability under TSCA, among other things, to 
obtain health and safety information from the chemical industry and (2) 
streamline and increase the transparency of EPA's Integrated Risk 
Information System (IRIS) that provides EPA's scientific position on 
the potential human health effects of more than 540 chemicals. 

TSCA generally places the burden of obtaining data on chemicals used in 
commerce on EPA, rather than on the companies that produce the 
chemicals. For example, TSCA requires EPA to demonstrate certain health 
or environmental risks before it can require companies to further test 
their chemicals. As a result, EPA does not routinely assess the risks 
of the roughly 80,000 industrial chemicals in use. Moreover, TSCA does 
not require chemical companies to test the approximately 700 new 
chemicals introduced into commerce annually for their toxicity, and 
companies generally do not voluntarily perform such testing. Further, 
the procedures EPA must follow in obtaining test data from companies 
can take years to complete. In contrast, the European Union's chemical 
control legislation generally places the burden on companies to provide 
health effects data on the chemicals they produce. In previous reports 
on TSCA, we have suggested that Congress consider statutory changes to 
strengthen EPA's authority to obtain information from the chemical 
industry.[Footnote 8] We continue to believe that giving EPA more 
authority to obtain data from the companies producing chemicals would 
improve the effectiveness of TSCA and thereby enhance EPA's ability to 
protect public health and the environment. 

In addition, while TSCA authorizes EPA to issue regulations that may, 
among other things, ban existing toxic chemicals or place limits on 
their production or use, the statutory requirements EPA must meet 
present a legal threshold that has proven difficult for EPA and 
discourages the agency from using these authorities. For example, EPA 
must demonstrate "unreasonable risk," which EPA believes requires it to 
conduct extensive cost-benefit analyses, to ban or limit chemical 
production. Since 1976, EPA has issued regulations to control only five 
existing chemicals determined to present an unreasonable risk. Further, 
its 1989 regulation phasing out most uses of asbestos was vacated by a 
federal appeals court in 1991 because it was not based on "substantial 
evidence." In contrast, the European Union and a number of other 
countries have largely banned asbestos, a known human carcinogen that 
can cause lung cancer and other diseases. We have previously suggested 
that Congress consider amending TSCA to reduce the evidentiary burden 
EPA must meet to control toxic substances and continue to believe such 
change warrants serious consideration.[Footnote 9] 

Also, under TSCA, EPA has a limited ability to provide the public with 
information on chemical production and risk because of the act's 
prohibitions on the disclosure of confidential business information. 
About 95 percent of the notices companies have provided to EPA on new 
chemicals contain some information claimed as confidential. While EPA 
believes that some claims of confidential business information may be 
unwarranted, challenging the claims is time-and resource-intensive, and 
EPA does not challenge most claims. Importantly, state environmental 
agencies and others have said that information claimed as confidential 
would help them in such activities as developing contingency plans to 
alert emergency response personnel to the presence of highly toxic 
substances at manufacturing facilities. The European Union's chemical 
control legislation generally provides greater public access to the 
chemical information it receives. We previously suggested that Congress 
(1) consider authorizing EPA to share with the states and foreign 
governments the confidential business information that chemical 
companies provide to EPA, subject to regulations to be established by 
EPA that would set forth the procedures to be followed by all 
recipients of the information in order to protect the information from 
unauthorized disclosures, and (2) consider limiting the length of time 
for which information may be claimed as confidential without 
resubstantiation of the need for confidentiality.[Footnote 10] 

We have also identified significant problems with EPA's process for 
developing chemical assessments under EPA's IRIS program. Created in 
1985 to provide EPA with consensus opinions within the agency on the 
health effects of chronic exposure to chemicals, the IRIS database 
provides the basic information EPA needs to determine whether it should 
establish controls, for example, to protect the public from exposure to 
toxic chemicals in the air and water and at hazardous waste sites. In 
2008, we reported that the IRIS database, which contains assessments of 
more than 540 toxic chemicals, is at serious risk of becoming obsolete 
because EPA has not been able to keep its existing assessments current 
or to complete assessments of the most important chemicals of concern. 
[Footnote 11] Factors contributing to EPA's inability to complete 
assessments in a timely manner--including reviews required by the 
Office of Management and Budget (OMB) of IRIS assessments; certain 
management decisions, such as delaying some assessments to await new 
research; and the compounding effect of delays--can force EPA to 
essentially restart assessments to incorporate changing science and 
methods. 

In fact, a number of key chemicals have been caught in a seemingly 
endless review cycle, limiting EPA's ability to protect the public 
health from ubiquitous chemicals that are likely to cause cancer or 
other serious health effects. For example, EPA's formaldehyde and 
dioxin assessments have been in progress for about 12 and 18 years, 
respectively. Overall, EPA has finalized a total of only 9 assessments 
in the past 3 fiscal years; as of December 2007, most of the 70 ongoing 
assessments had been in progress for more than 5 years; and more than 
half of all current assessments may be outdated. Moreover, the OMB- 
required reviews, which are not publicly available, limit the 
credibility of the assessments because they involve federal agencies 
that may be affected by the assessments should they lead to regulatory 
actions. We recommended that EPA adopt a streamlined, more transparent 
assessment process. In its response, EPA estimated that under its 
proposed changes to the assessment process, most assessments would take 
from 3 to 4-1/2 years and mission-critical assessments would take up to 
6 years. However, we believe that an IRIS assessment process built 
around such time frames is problematic. As we stated in our reports, 
when assessments take longer than 2 years, they can become subject to 
substantial delays stemming from the need to redo key analyses to take 
into account changing science and assessment methodologies.[Footnote 
12] 

Some of our prior recommendations on IRIS and TSCA, aimed at providing 
EPA with information needed to support its assessment of toxic 
chemicals, have not been implemented. For example, when EPA implemented 
a new IRIS assessment process in 2008, it did not incorporate our 
recommendations to streamline and increase the transparency of the 
process. In fact, the new IRIS assessment process exacerbates the 
productivity and credibility concerns GAO identified. Further, our 
recommendations aimed at providing EPA with the information needed to 
support its assessments of industrial chemicals under TSCA have not 
been implemented. Without greater attention to EPA's efforts to assess 
toxic chemicals, the nation lacks assurance that human health and the 
environment are adequately protected. Because of the importance of this 
issue, and the lack of progress in implementing much-needed change to 
TSCA, in January 2009 we added transforming EPA's processes for 
assessing and controlling toxic chemicals to our list of high-risk 
areas needing added attention by Congress and the executive branch. 

Improve Implementation of the Clean Air Act: 

The Clean Air Act, a comprehensive federal law that regulates air 
pollution from stationary and mobile sources, was passed in 1963 to 
improve and protect the quality of the nation's air. The act was 
substantially overhauled in 1970 when Congress required EPA to 
establish national ambient air quality standards for pollutants at 
levels that are necessary to protect public health with an adequate 
margin of safety and to protect public welfare from adverse effects. 
EPA has set such standards for ozone, carbon monoxide, particulate 
matter, sulfur oxides, nitrogen dioxide, and lead. In addition, the act 
directed the states to specify how they would achieve and maintain 
compliance with the national standard for each pollutant. Congress 
amended the act again in 1977 and 1990. The 1977 amendments were passed 
primarily to set new goals and dates for attaining the standards 
because many areas of the country had failed to meet the deadlines set 
previously. The act was amended again in 1990 when several new themes 
were incorporated into it, including encouraging the use of market- 
based approaches to reduce emissions, such as cap-and-trade programs. 

In recent years, our work has identified several key challenges in 
implementing the Clean Air Act, and made recommendations to EPA 
intended to enhance the effectiveness of its clean air programs. First, 
we have identified areas where EPA could improve its coordination with 
the Department of Transportation in making planning decisions.[Footnote 
13] Second, we have found that while EPA had taken steps to strengthen 
its estimates of health benefits from rules reducing particulate matter 
air pollution, the agency needed to ensure continued resources toward 
improving analysis of the uncertainty underlying its estimates[Footnote 
14]. Third, we have identified delays and shortcomings with EPA's 
development of rules intended to limit emissions of toxic air 
pollutants and recommended that the agency develop a plan to improve 
its management of the air toxics program.[Footnote 15] In fact, when 
addressing EPA's air quality standards in a recent hearing on 
children's health, we noted that EPA largely disregarded 
recommendations from its advisory committee, and recommended that the 
agency examine ways to use its advisors to reinvigorate its focus on 
the health of children, who are often disproportionately affected by 
air pollution.[Footnote 16] Fourth, we identified major shortcomings 
with EPA's economic justification for a proposed rule to limit mercury 
emissions from power plants and recommended, among other things, that 
the agency conduct its analysis consistent with OMB guidance for 
economic analysis and better document its findings.[Footnote 17] EPA 
stated that it would address the recommendations by, for example, 
conducting additional analysis on the rule. 

EPA also faces a number of challenges related to clean air regulatory 
decisions that have been vacated or remanded to the agency by the 
courts. These include regulatory proposals or agency decisions related 
to (1) mercury emissions from coal-fired power plants; (2) long-range 
transport of sulfur dioxide and nitrogen oxides--pollutants that 
contribute to acid rain and other air quality problems--emitted by 
power plants; (3) the New Source Review program, a permitting program 
that among other goals seeks to prevent air quality degradation from 
the addition of new and modified factories, industrial boilers, and 
power plants; and (4) whether EPA and the states can use existing 
authority under the Clean Air Act to regulate greenhouse gases. Each of 
these issues, along with those identified in our prior work, will 
require substantial management attention in the near term. 

Reducing Pollution in the Nation's Waters: 

The Clean Water Act establishes the basic structure for regulating 
discharges of pollutants into the waters of the United States and 
regulating the quality of surface waters. However, the law's 
effectiveness has been challenged by the fact that many pollution 
sources are decentralized and diffuse in nature, and therefore 
difficult to monitor and regulate. One such source is urban storm water 
runoff. Pollutants and sediment carried by storm water, as well as the 
volume and temperature of runoff, can alter aquatic habitats and make 
it hard for fish and other organisms to survive.[Footnote 18] Some 
pollutants can also make fish and shellfish unsafe to eat. Moreover, 
polluted storm water runoff can negatively affect those who use fresh- 
and saltwater areas for swimming and boating. For example, swimmers in 
water with high levels of bacteria have a greater risk of contracting 
gastrointestinal or respiratory illnesses. However, EPA still has not 
developed rapid water-testing methods and current water quality 
standards.[Footnote 19] 

The safety of our nation's water is also threatened by other factors, 
such as pollutants discharged from large-scale animal feeding 
operations that enter water bodies. More than a dozen government- 
sponsored or peer-reviewed studies since 2002 on water pollutants 
emitted by concentrated animal-feeding operations found increased 
levels of phosphorus, nitrogen, or hormones in surface water and 
groundwater near animal-feeding operations. According to EPA, excessive 
amounts of these nutrients can deplete oxygen in water, which could 
result in fish deaths, reduced aquatic diversity, and illness in 
infants.[Footnote 20] Despite its long-term regulation of concentrated 
animal-feeding operations, EPA still lacks comprehensive and reliable 
data on the number, location, and size of the operations that have been 
issued permits and the amounts of discharges they release. As a result, 
EPA has neither the information it needs to assess the extent to which 
concentrated animal-feeding operations may be contributing to water 
pollution, nor the information it needs to ensure compliance with the 
Clean Water Act.[Footnote 21] 

EPA partners with federal, state, and local agencies, as well as 
nongovernmental organizations, to develop and implement approaches that 
can reduce pollution in our nation's significant water bodies. However, 
after decades of EPA and its partners spearheading restoration efforts 
in areas such as the Great Lakes and the Chesapeake Bay, improvements 
in these water bodies remain elusive. Lack of targeted strategies; 
coordination among federal, state, and local stakeholders; and 
realistic goals to ensure that limited restoration resources are being 
used for the most effective restoration activities appear to be long- 
standing issues impeding such efforts. 

In recent years, we have made many recommendations to help EPA address 
these problems. To more effectively regulate the discharges from large- 
scale animal-feeding operations, EPA should complete its efforts to 
develop an inventory of permitted operations.[Footnote 22] In addition, 
we recommended that EPA evaluate the implementation of the storm water 
program and issue additional program guidance and consider regulatory 
changes to improve the quality and consistency of activity reporting by 
communities. To better protect the safety of our nation's beaches, EPA 
needs to publish new or revised water quality criteria for pathogens 
and pathogen indicators and develop specific guidance on monitoring 
frequency and methods of public notification.[Footnote 23] In addition, 
we recommended that EPA ensure that the Chesapeake Bay Program--a 
partnership between EPA, several states, and the Chesapeake Bay 
Commission--develops a coordinated implementation strategy that unifies 
its various planning documents and establishes a means to better target 
its limited resources to the most cost-effective restoration 
activities.[Footnote 24] We also recommended that for its Great Lakes 
Initiative, EPA develop a more consistent permitting strategy for 
controlling mercury and gather more information to help it develop 
water quality standards and assess the effect of programs intended to 
minimize pollutants that are exceeding standards.[Footnote 25] 

EPA agreed with our recommendations in these areas. For example, while 
EPA expected to take several years to fully implement a national data 
system, EPA and states are currently working to develop and implement a 
national data system to collect and record facility-specific 
information on concentrated animal-feeding operations and other 
facilities through its Integrated Compliance Information System, and 
has initiated an effort to develop a rule to establish required data 
elements and reporting frequencies. Likewise, for the storm water 
program, EPA has taken steps to improve the quality and consistency of 
program data reported by communities and is currently developing 
guidance, including a reporting form that it believes will help the 
agency obtain better data for evaluating the program. Finally, EPA 
agreed with our recommendations regarding the Chesapeake Bay Program, 
and plans to work with the Great Lakes states in assessing approaches 
for reducing mercury in lieu of developing a mercury permitting 
strategy. 

In addition, in coming years among the most daunting water pollution 
control problems will be those faced by the nation's water utilities in 
grappling with the multibillion-dollar costs of upgrading aging and 
deteriorating infrastructures and building new ones to serve a growing 
population.[Footnote 26] Frequent and highly publicized incidences of 
combined sewer overflows into rivers and streams as well as water main 
breaks in the nation's largest cities are the most visible 
manifestation of this mounting problem. Overall, water infrastructure 
needs across the country have been estimated to cost from $485 billion 
to nearly $1.2 trillion over the next 20 years. Even before the current 
financial crisis, many water utilities had difficulty raising funds to 
repair, replace, or upgrade aging capital assets; comply with 
regulatory requirements; and expand capacity to meet increased demand. 
For example, based on a nationwide survey of several thousand drinking 
water and wastewater utilities, we reported several years ago that 
about one-third of the utilities (1) deferred maintenance because of 
insufficient funds, (2) had 20 percent or more of their pipelines 
nearing the end of their useful life, and (3) lacked basic plans for 
managing their capital assets.[Footnote 27] 

We noted in the past that better management techniques can, at least to 
some extent, help utilities make the best use of available dollars in 
their struggle to meet their infrastructure needs. For example, we 
recommended comprehensive asset management--a technique whereby water 
systems systematically identify their needs, set priorities, and better 
target their investments--as a tool for helping utilities make better 
use of available funds. Additional funds, however, will ultimately be 
needed to narrow the enormous gap between water infrastructure needs 
and available resources. Of note, EPA will receive $6 billion in 
additional water infrastructure funding from the recently passed 
stimulus bill. EPA agreed with our recommendations, and while it has 
undertaken a number of approaches to encourage asset management, such 
as implementing a sustainable infrastructure initiative and offering 
training sessions on best practices, there is further work needed to 
encourage comprehensive asset management across the nation. 

Speeding the Pace of Cleanup at Superfund and Other Hazardous Waste 
Sites: 

In 1980, Congress passed the Comprehensive Environmental Response, 
Compensation, and Liability Act, establishing the Superfund program and 
giving the federal government the authority to respond to chemical 
emergencies and to clean up hazardous waste sites on private and public 
lands. The Superfund program addresses both short-and long-term risks 
from toxic chemicals. The act established a trust fund financed 
primarily by taxes on crude oil and certain chemicals to pay for EPA's 
cleanup activities. The authority for these taxes expired in 1995; EPA 
must now primarily rely on annual appropriations from the general fund 
to fund cleanups. These appropriations, when adjusted for inflation, 
have been declining and the pace of cleanups has slowed.[Footnote 28] 
Furthermore, citing competing priorities and lack of funds, EPA has not 
implemented a 1980 statutory mandate under Superfund to require 
businesses handling hazardous substances to demonstrate their ability 
to pay for potential environmental cleanups--that is, to provide 
financial assurances.[Footnote 29] Because of this inaction, EPA has 
exposed the Superfund program and U.S. taxpayers to potentially 
enormous cleanup costs at gold, lead, and other mining sites and other 
industrial operations. In addition, we found that EPA faces challenges 
in ensuring that institutional controls--legal or administrative 
restrictions on land or resource use to protect against exposure to 
residual contamination at hazardous waste sites--are adequately 
implemented, monitored, and enforced.[Footnote 30] 

In 1984, Congress required EPA to devise regulations for the design and 
operation of underground tanks. In response, in 1985, EPA began 
developing the Underground Storage Tank program to prevent releases of 
petroleum and hazardous substances into the environment, detect 
releases when they occur, and clean up any contamination resulting from 
a release. To support the program and provide public funding to states 
to ensure that releases from tanks are cleaned up, in 1986 Congress 
established the Leaking Underground Storage Tank Trust Fund, funded 
primarily through an excise tax on gasoline and other motor fuels. The 
fund has since grown to an estimated $3.2 billion at the end of fiscal 
year 2008, yet the pace of cleanup remains slow. Under the program, 
tank owners and operators are primarily responsible for paying to clean 
up releases from their tanks. They can demonstrate their financial 
responsibility by using, among other options, state financial assurance 
funds. However, we found that tank owners sometimes fail to maintain 
adequate financial responsibility coverage and that several states' 
assurance funds may lack sufficient resources to ensure timely 
cleanups.[Footnote 31] 

Finally, in 2005 we found that federal and state agencies had 
identified perchlorate--a component of rocket fuel known to affect 
human health--in groundwater, soil, or public drinking water systems at 
almost 400 sites across the country. Nevertheless, there is no federal 
drinking water standard or specific requirement to clean up perchlorate 
and the National Academy of Sciences called for additional research on 
the effects of perchlorate exposure.[Footnote 32] 

We have made several recommendations to help EPA more quickly clean up 
hazardous waste sites. Specifically, we recommended that EPA (1) ensure 
that financial assurances are in place for sites that manufacture or 
use toxic chemicals; (2) improve the institutional controls at 
contaminated sites to ensure better protection of the public from 
inappropriate use of such sites; (3) ensure that the owners of 
underground storage tanks maintain access to adequate financial 
resources for cleaning up leaks and that state insurance funds provide 
reliable coverage for cleaning up leaking tanks; and (4) establish a 
formal structure to centrally track and monitor perchlorate detections 
and the status of cleanup efforts. 

EPA has generally agreed with our recommendations in these areas, but 
has not yet implemented any of them. EPA disagreed with our 
recommendation regarding establishing a perchlorate tracking structure 
because the agency believes that it already has sufficient capability 
to track and monitor perchlorate detection and cleanup efforts. 
Nevertheless, we continue to believe that such a system would better 
inform the public and others about perchlorate's presence in their 
communities. 

Addressing Emerging Climate Change Issues: 

In addition to the challenges with which EPA has struggled for years, 
new challenges are emerging, chief among them, climate change. Changes 
in the earth's climate attributable to increased concentrations of 
greenhouse gases may have significant environmental and economic 
impacts in the United States and internationally. Among other potential 
impacts, climate change could threaten coastal areas with rising sea 
levels, alter agricultural productivity, and increase the intensity and 
frequency of floods and tropical storms. Furthermore, climate change 
has implications for the fiscal health of the federal government, 
affecting federal crop and flood insurance programs, and placing new 
stresses on infrastructure and natural resources. Accordingly, there 
are numerous legislative proposals for reducing greenhouse gas 
emissions and reducing the nation's use and dependence on fossil fuels. 
EPA will be at the center of the federal government's strategy for 
addressing this monumental challenge. 

We have previously reported that the federal government's approach to 
climate change has been ad hoc, not comprehensive, and not well 
coordinated across government agencies. Specifically, the federal 
government lacks a comprehensive approach for targeting federal 
research dollars at the development and deployment of low-carbon 
technologies. Federal land management agencies are behind in their 
efforts to develop strategies and guidance for adapting to climate 
change, and federal crop insurance and flood insurance have not yet 
embraced the implications of climate change on their portfolios. 
Moreover, the technical challenges of carbon capture and storage; 
biofuels development, production, and distribution; and alternative 
sources of energy have not been fully researched. Finally, energy 
conservation efforts have remained stagnant over the past decade. 

To inform Congress as it considers various legislative proposals for 
addressing climate change, we reported on the economic implications of 
different policy options, lessons learned from the European Union's 
efforts to implement mandatory carbon reductions, and the Clean 
Development Mechanism under the Kyoto Protocol. We also reported on the 
challenges in carbon capture and storage--another key component of most 
climate change legislative proposals--and identified problems that must 
be resolved. We have also issued information on the carbon offset 
market, and identified challenges that must be resolved before this can 
be a part of climate change legislation. 

We have made several recommendations to help various federal agencies 
better address climate changes, including recommending that EPA and the 
Department of Energy put more rigor into their voluntary emission 
reduction programs and track and report results. We also recommended 
that federal agencies develop clear written communications to resource 
managers that explains how managers are expected to address the effects 
of climate change.[Footnote 33] In addition, we recommended that 
federal agencies better coordinate and more comprehensively identify 
and address research gaps in alternative fuels, clean coal, and other 
emission reduction technologies. Finally, we recommended that federal 
agencies step up energy conservation efforts.[Footnote 34] Agencies 
responsible for voluntary climate change programs, including EPA, as 
well as agencies responsible for climate change research generally 
agreed with our recommendations but have been slow to implement them. 

Concluding Observations: 

While EPA has made some progress in improving its operations, many of 
the same issues still remain. EPA's mission is, without question, a 
difficult one: its policies and programs affect virtually all segments 
of the economy, society, and government, and it is in the unenviable 
position of enforcing myriad inherently controversial environmental 
laws and maintaining a delicate balance between the benefits to public 
health and the environment with the cost to industry and others. 
Nevertheless, the repetitive and persistent nature of the shortcomings 
we have observed over the years points to serious challenges for EPA to 
effectively implement its programs. Until it addresses these long- 
standing challenges, EPA is unlikely to be able to respond effectively 
to much larger emerging challenges, such as climate change. Facing 
these challenges head-on will require a sustained commitment by agency 
leadership. As a new administration takes office and begins to chart 
the agency's course, it will be important for Congress and EPA to 
continue to focus on the issues we have identified. 

We are sending copies of this report to interested congressional 
committees and the Administrator of EPA. The report also is available 
at no charge on the GAO Web site at [hyperlink, http://www.gao.gov]. 

If you or your staffs have any questions about this report, please 
contact me at (202) 512-3841 or stephensonj@gao.gov. Contact points for 
our Offices of Congressional Relations and Public Affairs may be found 
on the last page of this report. GAO staff who made major contributions 
to this report are listed in appendix I. 

Signed by: 

John B. Stephenson: 
Director, Natural Resources and Environment: 

[End of section] 

Appendix I: GAO Contact and Staff Acknowledgments: 

GAO Contact: 

John B. Stephenson, (202) 512-3841 or stephensonb@gao.gov: 

Acknowledgments: 

In addition to the contact named above, other key contributors to this 
report include Kevin Bray, Antoinette Capaccio, Kate Cardamone, Steve 
Elstein, Liz Erdmann, Christine Fishkin, Brian Friedman, John Gates, 
Melissa Hermes, Michael Hix, Anne Johnson, Rich Johnson, Karen Keegan, 
Ed Kratzer, Justin Mausel, Sherry McDonald, Mehrzad Nadji, Emily 
Norman, Alison O'Neill, Vincent Price, Diane Raynes, John Smith, Joe 
Thompson, and Lisa Vojta. 

[End of section] 

Related GAO Products: 

High-Risk Series: 

High-Risk Series: An Update. [hyperlink, 
http://www.gao.gov/products/GAO-09-271]. Washington, D.C.: January 
2009. 

Improving Agencywide Management: 

Environmental Enforcement and Compliance: 

EPA's Execution of Its Fiscal year 2007 New Budget Authority for the 
Enforcement and Compliance Assurance Program in the Regional Offices. 
[hyperlink, http://www.gao.gov/products/GAO-08-1109R]. Washington, 
D.C.: September 26, 2008. 

Environmental Enforcement: EPA Needs to Improve the Accuracy and 
Transparency of Measures Used to Report on Program Effectiveness. 
[hyperlink, http://www.gao.gov/products/GAO-08-1111R]. Washington, 
D.C.: September 18, 2008. 

Environmental Protection: EPA-State Enforcement Partnership Has 
Improved, but EPA's Oversight Needs Further Enhancement. [hyperlink, 
http://www.gao.gov/products/GAO-07-883]. Washington, D.C.: July 31, 
2007. 

Environmental Compliance and Enforcement: EPA's Effort to Improve and 
Make More Consistent Its Compliance and Enforcement Activities. 
[hyperlink, http://www.gao.gov/products/GAO-06-840T]. Washington, D.C.: 
June 28, 2006. 

Assessing Human Capital Issues: 

EPA's Execution of Its Fiscal year 2007 New Budget Authority for the 
Enforcement and Compliance Assurance Program in the Regional Offices. 
[hyperlink, http://www.gao.gov/products/GAO-08-1109R]. Washington, 
D.C.: September 26, 2008. 

Environmental Protection: EPA-State Enforcement Partnership Has 
Improved, but EPA's Oversight Needs Further Enhancement. [hyperlink, 
http://www.gao.gov/products/GAO-07-883]. Washington, D.C.: July 31, 
2007. 

Environmental Compliance and Enforcement: EPA's Effort to Improve and 
Make More Consistent Its Compliance and Enforcement Activities. 
[hyperlink, http://www.gao.gov/products/GAO-06-840T]. Washington, D.C.: 
June 28, 2006. 

Clean Water Act: Improved Resource Planning Would Help EPA Better 
Respond to Changing Needs and Fiscal Constraints. [hyperlink, 
http://www.gao.gov/products/GAO-05-721]. Washington, D.C.: July 22, 
2005. 

Human Capital: Implementing an Effective Workforce Strategy Would Help 
EPA to Achieve Its Strategic Goals. [hyperlink, 
http://www.gao.gov/products/GAO-01-812]. Washington, D.C.: July 31, 
2001. 

Improving the Development and Use of Environmental information: 

Environmental Protection: EPA Needs to Follow Best Practices and 
Procedures When Reorganizing Its Library Network. [hyperlink, 
http://www.gao.gov/products/GAO-08-579T]. Washington, D.C.: March 13, 
2008. 

Environmental Protection: EPA Needs to Ensure That Best Practices and 
Procedures Are Followed When Making Further Changes to Its Library 
Network. [hyperlink, http://www.gao.gov/products/GAO-08-304]. 
Washington, D.C.: February 29, 2008. 

Toxic Chemical Releases: EPA Actions Could Reduce Environmental 
Information Available to Many Communities. [hyperlink, 
http://www.gao.gov/products/GAO-08-128]. Washington, D.C.: November 30, 
2007. 

Measuring Our Nation's Natural Resources and Environmental 
Sustainability: Highlights of a Forum Jointly Convened by the 
Comptroller General of the United States and the National Academy of 
Science. [hyperlink, http://www.gao.gov/products/GAO-08-127SP]. 
Washington, D.C.: October 2007. 

Environmental Right-To-Know: EPA's Recent Rule Could Reduce 
Availability of Toxic Chemical Information Used to Assess Environmental 
Justice. [hyperlink, http://www.gao.gov/products/GAO-08-115T]. 
Washington, D.C.: October 4, 2007. 

Environmental Justice: Measurable Benchmarks Needed to Gauge EPA 
Progress in Correcting Past Problems. [hyperlink, 
http://www.gao.gov/products/GAO-07-1140T]. Washington, D.C.: July 25, 
2007. 

Environmental Information: EPA Actions Could Reduce the Availability of 
Environmental Information to the Public. [hyperlink, 
http://www.gao.gov/products/GAO-07-464T]. Washington, D.C.: February 6, 
2007. 

Environmental Indicators: Better Coordination Is Needed to Develop 
Environmental Indicator Sets That Inform Decisions. [hyperlink, 
http://www.gao.gov/products/GAO-05-52]. Washington, D.C.: November 17, 
2004. 

Transforming EPA's Processes for Assessing and Controlling Toxic 
Chemicals: 

EPA's Execution of Its Fiscal year 2007 New Budget Authority for the 
Enforcement and Compliance Assurance Program in the Regional Offices. 
[hyperlink, http://www.gao.gov/products/GAO-08-1109R]. Washington, 
D.C.: September 26, 2008. 

Environmental Health: EPA Efforts to Address Children's Health Issues 
Need Greater Focus, Direction, and Top-Level Commitment. [hyperlink, 
http://www.gao.gov/products/GAO-08-1155T]. Washington, D.C.: September 
16, 2008. 

Chemical Assessments: EPA's New Assessment Process Will Further Limit 
the Productivity and Credibility of Its Integrated Risk Information 
System. [hyperlink, http://www.gao.gov/products/GAO-08-810T]. 
Washington, D.C.: May 21, 2008. 

Toxic Chemicals: EPA's New Assessment Process Will Increase Challenges 
EPA Faces in Evaluating and Regulating Chemicals. [hyperlink, 
http://www.gao.gov/products/GAO-08-743T]. Washington, D.C.: April 29, 
2008. 

Chemical Assessments: Low Productivity and New Interagency Review 
Process Limit the Usefulness and Credibility of EPA's Integrated Risk 
Information System. [hyperlink, 
http://www.gao.gov/products/GAO-08-440]. Washington, D.C.: March 7, 
2008. 

Chemical Regulation: Comparison of U.S. and Recently Enacted European 
Union Approaches to Protect against the Risks of Toxic Chemicals. 
[hyperlink, http://www.gao.gov/products/GAO-07-825]. Washington, D.C.: 
August 17, 2007. 

Environmental Contamination: Department of Defense Activities Related 
to Trichloroethylene, Perchlorate, and Other Emerging Contaminants. 
[hyperlink, http://www.gao.gov/products/GAO-07-1042T]. Washington, 
D.C.: July 12, 2007. 

Perchlorate: EPA Does Not Systematically Track Incidents of 
Contamination. [hyperlink, http://www.gao.gov/products/GAO-07-797T]. 
Washington, D.C.: April 25, 2007. 

Chemical Regulation: Actions Are Needed to Improve the Effectiveness of 
EPA's Chemical Review Program. [hyperlink, 
http://www.gao.gov/products/GAO-06-1032T]. Washington, D.C.: August 2, 
2006. 

Chemical Regulation: Approaches in the United States, Canada, and the 
European Union. Washington, D.C.: [hyperlink, 
http://www.gao.gov/products/GAO-06-217R]. November 4, 2005. 

Chemical Regulation: Options Exist to Improve EPA's Ability to Assess 
Health Risks and Manage Its Chemical Review Program. [hyperlink, 
http://www.gao.gov/products/GAO-05-458]. Washington, D.C.: June 13, 
2005. 

Improving Implementation of the Clean Air Act: 

World Trade Center: EPA's Most Recent Test and Clean Program Raises 
Concerns That Need to Be Addressed to Better Prepare for Indoor 
Contamination Following Disasters. [hyperlink, 
http://www.gao.gov/products/GAO-07-1091]. Washington, D.C.: September 
5, 2007. 

Particulate Matter: EPA Needs to Make More Progress in Addressing the 
National Academies' Recommendations on Estimating Health Benefits. 
[hyperlink, http://www.gao.gov/products/GAO-06-992T]. Washington, D.C.: 
July 19, 2006. 

Particulate Matter: EPA Has Started to Address the National Academies' 
Recommendations on Estimating Health Benefits, but More Progress Is 
Needed. [hyperlink, http://www.gao.gov/products/GAO-06-780]. 
Washington, D.C.: July 14, 2006. 

Clean Air Act: EPA Should Improve the Management of Its Air Toxics 
Program. [hyperlink, http://www.gao.gov/products/GAO-06-669]. 
Washington, D.C.: June 23, 2006. 

Air Pollution: Estimated Emissions from Two New Mexicali Power Plants 
Are Low, but Health Impacts Are Unknown. [hyperlink, 
http://www.gao.gov/products/GAO-05-823]. Washington, D.C.: August 12, 
2005. 

Clean Air Act: Emerging Mercury Control Technologies Have Shown 
Promising Results, but Data on Long-Term Performance Are Limited. 
[hyperlink, http://www.gao.gov/products/GAO-05-612]. Washington, D.C.: 
May 31, 2005. 

Reducing Pollution in the Nation's Waters: 

Environmental Health: EPA Efforts to Address Children's Health Issues 
Need Greater Focus, Direction, and Top-Level Commitment. [hyperlink, 
http://www.gao.gov/products/GAO-08-1155T]. Washington, D.C.: September 
16, 2008. 

Recent Actions by the Chesapeake Bay Program Are Positive Steps Toward 
More Effectively Guiding the Restoration Effort, but Additional Steps 
Are Needed. [hyperlink, http://www.gao.gov/products/GAO-08-1131R]. 
Washington, D.C.: August 28, 2008. 

Chesapeake Bay Program: Recent Actions Are Positive Steps Toward More 
Effectively Guiding the Restoration Effort. [hyperlink, 
http://www.gao.gov/products/GAO-08-1033T]. Washington, D.C.: July 30, 
2008. 

Concentrated Animal Feeding Operations: EPA Needs More Information and 
a Clearly Defined Strategy to Protect Air and Water Quality from 
Pollutants of Concern, [hyperlink, 
http://www.gao.gov/products/GAO-08-944]. Washington, D.C.: Sept. 4, 
2008. 

Physical Infrastructure: Challenges and Investment Options for the 
Nation's Infrastructure, [hyperlink, 
http://www.gao.gov/products/GAO-08-763T]. Washington, D.C.: May 8, 
2008. 

International Boundary and Water Commission: Two Alternatives for 
Improving Wastewater Treatment at the United States-Mexico Border. 
[hyperlink, http://www.gao.gov/products/GAO-08-595R]. Washington, D.C.: 
April 24, 2008. 

Great Lakes Initiative: EPA and States Have Made Progress, but Much 
Remains to Be Done If Water Quality Goals Are to Be Achieved. 
[hyperlink, http://www.gao.gov/products/GAO-08-312T]. Washington, D.C.: 
January 23, 2008. 

Coastal Wetlands: Lessons Learned from Past Efforts in Louisiana Could 
Help Guide Future Restoration and Protection. [hyperlink, 
http://www.gao.gov/products/GAO-08-130]. Washington, D.C.: December 14, 
2007. 

South Florida Ecosystem: Some Restoration Progress Has Been Made, but 
the Effort Faces Significant Delays, Implementation Challenges, and 
Rising Costs. [hyperlink, http://www.gao.gov/products/GAO-07-1250T]. 
Washington, D.C.: September 19, 2007. 

Maritime Transportation: Major Oil Spills Occur Infrequently, but Risks 
to the Federal Oil Spill Fund Remain. [hyperlink, 
http://www.gao.gov/products/GAO-07-1085]. Washington, D.C.: September 
7, 2007. 

The BEACH Act of 2000: EPA and States Have Made Progress Implementing 
the Act, but Further Actions Could Increase Public Health Protection. 
[hyperlink, http://www.gao.gov/products/GAO-07-1073T]. Washington, 
D.C.: July 12, 2007. 

South Florida Ecosystem: Restoration Is Moving Forward but Is Facing 
Significant Delays, Implementation Challenges, and Rising Costs. 
[hyperlink, http://www.gao.gov/products/GAO-07-520]. Washington, D.C.: 
May 31, 2007. 

Clean Water: Further Implementation and Better Cost Data Needed to 
Determine Impact of EPA's Storm Water Program on Communities. 
[hyperlink, http://www.gao.gov/products/GAO-07-479]. Washington, D.C.: 
May 31, 2007. 

Great Lakes: EPA and States Have Made Progress in Implementing the 
BEACH Act, but Additional Actions Could Improve Public Health 
Protection. [hyperlink, http://www.gao.gov/products/GAO-07-591]. 
Washington, D.C: May 1, 2007. 

Chesapeake Bay Program: Improved Strategies Needed to Better Guide 
Restoration Efforts. [hyperlink, 
http://www.gao.gov/products/GAO-06-614T]. Washington, D.C.: July 13, 
2006. 

Chesapeake Bay Program: Improved Strategies Are Needed to Better 
Assess, Report, and Manage Restoration Progress, [hyperlink, 
http://www.gao.gov/products/GAO-06-96]. Washington, D.C.: Oct. 28, 
2005. 

Great Lakes Initiative: EPA Needs to Better Ensure the Complete and 
Consistent Implementation of Water Quality Standards. [hyperlink, 
http://www.gao.gov/products/GAO-05-829]. Washington, D.C.: July 27, 
2005. 

Water Infrastructure: Comprehensive Asset Management Has Potential to 
Help Utilities Better Identify Needs and Plan Future Investments, 
[hyperlink, http://www.gao.gov/products/GAO-04-461]. Washington, D.C.: 
Mar. 19, 2004. 

Speeding the Pace of Cleanup at Superfund and Other Hazardous Waste 
Sites: 

Electronic Waste: Harmful U.S. Exports Flow Virtually Unrestricted 
Because of Minimal EPA Enforcement and Narrow Regulation. [hyperlink, 
http://www.gao.gov/products/GAO-08-1166T]. Washington, D.C.: September 
17, 2008. 

Hurricane Katrina: Continuing Debris Removal and Disposal Issues. 
[hyperlink, http://www.gao.gov/products/GAO-08-985R]. Washington, D.C.: 
August 25, 2008. 

Superfund: Funding and Reported Costs of Enforcement and Administration 
Activities. [hyperlink, http://www.gao.gov/products/GAO-08-841R]. 
Washington, D.C.: July 18, 2008. 

Aboveground Oil Storage Tanks: More Complete Facility Data Could 
Improve Implementation of EPA's Spill Prevention Program. [hyperlink, 
http://www.gao.gov/products/GAO-08-482]. Washington, D.C.: April 30, 
2008. 

Hazardous Waste: Information on How DOD and Federal and State 
Regulators Oversee the Off-Site Disposal of Waste from DOD 
Installations. [hyperlink, http://www.gao.gov/products/GAO-08-74]. 
Washington, D.C.: November 13, 2007. 

Hazardous Materials: EPA May Need to Reassess Sites Receiving Asbestos- 
Contaminated Ore from Libby, Montana, and Should Improve Its Public 
Notification Process. [hyperlink, 
http://www.gao.gov/products/GAO-08-71]. Washington, D.C.: October 12, 
2007. 

Aboveground Oil Storage Tanks: Observations on EPA's Economic Analyses 
of Amendments to the Spill Prevention, Control, and Countermeasure 
Rule. [hyperlink, http://www.gao.gov/products/GAO-07-763]. Washington, 
D.C.: July 27, 2007. 

Hurricane Katrina: EPA's Current and Future Environmental Protection 
Efforts Could Be Enhanced by Addressing Issues and Challenges Faced on 
the Gulf Coast. [hyperlink, http://www.gao.gov/products/GAO-07-651]. 
Washington, D.C.: June 25, 2007. 

Leaking Underground Storage Tanks: EPA Should Take Steps to Better 
Ensure the Effective Use of Public Funding for Cleanups. [hyperlink, 
http://www.gao.gov/products/GAO-07-152]. Washington, D.C.: February 8, 
2007. 

Recycling: Additional Efforts Could Increase Municipal Recycling. 
[hyperlink, http://www.gao.gov/products/GAO-07-37]. Washington, D.C.: 
December 29, 2006. 

Environmental Liabilities: EPA Should Do More to Ensure That Liable 
Parties Meet Their Cleanup Obligations, [hyperlink, 
http://www.gao.gov/products/GAO-05-658]. Washington, D.C.: Aug. 17, 
2005. 

Perchlorate: A System to Track Sampling and Cleanup Results Is Needed, 
[hyperlink, http://www.gao.gov/products/GAO-05-462]. Washington, D.C.: 
May 20, 2005. 

Hazardous Waste Sites: Improved Effectiveness of Controls at Sites 
Could Better Protect the Public, [hyperlink, 
http://www.gao.gov/products/GAO-05-163]. Washington, D.C.: Jan. 28, 
2005. 

Addressing Emerging Climate Change Issues: 

Climate Change: Federal Actions Will Greatly Affect the Viability of 
Carbon Capture and Storage As a Key Mitigation Option. [hyperlink, 
http://www.gao.gov/products/GAO-08-1080]. Washington, D.C.: September 
30, 2008. 

Carbon Offsets: The U.S. Voluntary Market Is Growing, but Quality 
Assurance Poses Challenges for Market Participants. [hyperlink, 
http://www.gao.gov/products/GAO-08-1048]. Washington, D.C.: August 29, 
2008. 

Climate Change: Expert Opinion on the Economics of Policy Options to 
Address Climate Change. [hyperlink, 
http://www.gao.gov/products/GAO-08-605]. Washington, D.C.: May 9, 2008. 

Climate Change Research: Agencies Have Data-Sharing Policies but Could 
Do More to Enhance the Availability of Data from Federally Funded 
Research. [hyperlink, http://www.gao.gov/products/GAO-07-1172]. 
Washington, D.C.: September 28, 2007. 

Climate Change: Agencies Should Develop Guidance for Addressing the 
Effects on Federal Land and Water Resources. [hyperlink, 
http://www.gao.gov/products/GAO-07-863]. Washington, D.C.: August 7, 
2007. 

Biofuels: DOE Lacks a Strategic Approach to Coordinate Increasing 
Production with Infrastructure Development and Vehicle Needs. 
[hyperlink, http://www.gao.gov/products/GAO-07-713]. Washington, D.C.: 
June 8, 2007. 

Climate Change: Financial Risks to Federal and Private Insurers in 
Coming Decades are Potentially Significant. [hyperlink, 
http://www.gao.gov/products/GAO-07-820T]. Washington, D.C.: May 3, 
2007. 

Climate Change: Financial Risks to Federal and Private Insurers in 
Coming Decades Are Potentially Significant. [hyperlink, 
http://www.gao.gov/products/GAO-07-285]. Washington, D.C.: March 16, 
2007. 

Energy Efficiency: Long-standing Problems with DOE's Program for 
Setting Efficiency Standards Continue to Result in Forgone Energy 
Savings. [hyperlink, http://www.gao.gov/products/GAO-07-42]. 
Washington, D.C.: January 31, 2007. 

Climate Change: Federal Agencies Should Do More to Make Funding Reports 
Clearer and Encourage Progress on Two Voluntary Programs. [hyperlink, 
http://www.gao.gov/products/GAO-06-1126T]. Washington, D.C.: September 
27, 2006. 

Climate Change: Greater Clarity and Consistency Are Needed in Reporting 
Federal Climate Change Funding. [hyperlink, 
http://www.gao.gov/products/GAO-06-1122T]. Washington, D.C.: September 
21, 2006. 

Climate Change: EPA and DOE Should Do More to Encourage Progress Under 
Two Voluntary Programs. [hyperlink, 
http://www.gao.gov/products/GAO-06-97]. Washington, D.C.: April 25, 
2006. 

[End of section] 

Footnotes: 

[1] The change between EPA's fiscal year 2000 budget and fiscal year 
2009 requested budget represented a decline of about 9 percent in 
nominal terms. In real terms, EPA's budget declined from $9.8 billion 
in fiscal year 2000 to the $7.1 billion requested for fiscal year 2009. 

[2] We conducted our work in accordance with all sections of GAO's 
Quality Assurance Framework that were relevant to the objectives of 
each engagement. The framework requires that we plan and perform each 
engagement to obtain sufficient and appropriate evidence to meet our 
stated objectives and to discuss any limitations in our work. We 
believe that the information and data obtained, and the analyses 
conducted, provided a reasonable basis for the findings and conclusions 
in each report. 

[3] GAO, Environmental Enforcement: EPA Needs to Improve the Accuracy 
and Transparency of Measures Used to Report on Program Effectiveness, 
[hyperlink, http://www.gao.gov/products/GAO-08-1111R] (Washington, 
D.C.: Sept. 18, 2008). 

[4] GAO, Environmental Protection: EPA-State Enforcement Partnership 
Has Improved, but EPA's Oversight Needs Further Enhancements, 
[hyperlink, http://www.gao.gov/products/GAO-07-883] (Washington, D.C.: 
July 31, 2007). 

[5] [hyperlink, http://www.gao.gov/products/GAO-08-1111R]. 

[6] GAO, EPA's Execution of Its Fiscal year 2007 New Budget Authority 
for the Enforcement and Compliance Assurance Program in the Regional 
Offices, [hyperlink, http://www.gao.gov/products/GAO-08-1109R] 
(Washington, D.C.: Sept. 26, 2008). 

[7] GAO, Environmental Indicators: Better Coordination Is Needed to 
Develop Environmental Indicator Sets That Inform Decisions, [hyperlink, 
http://www.gao.gov/products/GAO-05-52] (Washington, D.C.: Nov. 17, 
2004). 

[8] GAO, Chemical Regulation: Comparison of U.S. and Recently Enacted 
European Union Approaches to Protect against the Risks of Toxic 
Chemicals, [hyperlink, http://www.gao.gov/products/GAO-07-825] 
(Washington, D.C.: Aug. 17, 2007), and Chemical Regulation: Options 
Exist to Improve EPA's Ability to Assess Health Risks and Manage Its 
Chemical Review Program, [hyperlink, 
http://www.gao.gov/products/GAO-05-458] (Washington, D.C.: June 13, 
2005). 

[9] [hyperlink, http://www.gao.gov/products/GAO-07-825]. 

[10] [hyperlink, http://www.gao.gov/products/GAO-07-825]. 

[11] GAO, Chemical Assessments: Low Productivity and New Interagency 
Review Process Limit the Usefulness and Credibility of EPA's Integrated 
Risk Information System, [hyperlink, 
http://www.gao.gov/products/GAO-08-440] (Washington, D.C.: Mar. 7, 
2008). 

[12] [hyperlink, http://www.gao.gov/products/GAO-08-440]. 

[13] GAO, Environmental Protection: Federal Planning Requirements for 
Transportation and Air Quality Protection Could Potentially Be More 
Efficient and Better Linked, [hyperlink, 
http://www.gao.gov/products/GAO-03-581] (Washington, D.C.: Apr. 28, 
2003). 

[14] GAO, Particulate Matter: EPA Has Started to Address the National 
Academies' Recommendations on Estimating Health Benefits, but More 
Progress Is Needed, [hyperlink, http://www.gao.gov/products/GAO-06-780] 
(Washington, D.C.: July 14, 2006). 

[15] GAO, Clean Air Act: EPA Should Improve the Management of Its Air 
Toxics Program, [hyperlink, http://www.gao.gov/products/GAO-06-669] 
(Washington, D.C.: June 23, 2006). 

[16] GAO, Environmental Health: EPA Efforts to Address Children's 
Health Issues Need Greater Focus, Direction, and Top-Level Commitment, 
[hyperlink, http://www.gao.gov/products/GAO-08-1155T] (Washington, 
D.C.: Sept. 16, 2008). 

[17] GAO, Clean Air Act: Observations on EPA's Cost-Benefit Analysis of 
Its Mercury Control Options, [hyperlink, 
http://www.gao.gov/products/GAO-05-252] (Washington, D.C.: Feb. 28, 
2005). 

[18] GAO, Clean Water: Further Implementation and Better Cost Data 
Needed to Determine Impact of EPA's Storm Water Program on Communities, 
[hyperlink, http://www.gao.gov/products/GAO-07-479] (Washington, D.C.: 
May 31, 2007). 

[19] GAO, Physical Infrastructure: Challenges and Investment Options 
for the Nation's Infrastructure, [hyperlink, 
http://www.gao.gov/products/GAO-08-763T] (Washington, D.C.: May 8, 
2008). 

[20] GAO, Concentrated Animal Feeding Operations: EPA Needs More 
Information and a Clearly Defined Strategy to Protect Air and Water 
Quality from Pollutants of Concern, [hyperlink, 
http://www.gao.gov/products/GAO-08-944] (Washington, D.C.: Sept. 4, 
2008). 

[21] [hyperlink, http://www.gao.gov/products/GAO-08-944]. 

[22] [hyperlink, http://www.gao.gov/products/GAO-08-944]. 

[23] GAO, Great Lakes: EPA and States Have Made Progress in 
Implementing the BEACH Act, but Additional Actions Could Improve Public 
Health Protection, [hyperlink, http://www.gao.gov/products/GAO-07-591] 
(Washington, D.C.: May 1, 2007). 

[24] GAO, Chesapeake Bay Program: Improved Strategies Are Needed to 
Better Assess, Report, and Manage Restoration Progress, [hyperlink, 
http://www.gao.gov/products/GAO-06-96] (Washington, D.C.: Oct. 28, 
2005). 

[25] GAO, Great Lakes Initiative: EPA and States Have Made Progress, 
but Much Remains to Be Done If Water Quality Goals Are to Be Achieved, 
[hyperlink, http://www.gao.gov/products/GAO-08-312T] (Washington, D.C.: 
Jan. 23, 2008). 

[26] [hyperlink, http://www.gao.gov/products/GAO-08-763T], and GAO, 
Water Infrastructure: Comprehensive Asset Management Has Potential to 
Help Utilities Better Identify Needs and Plan Future Investments, 
[hyperlink, http://www.gao.gov/products/GAO-04-461] (Washington, D.C.: 
Mar. 19, 2004). 

[27] GAO, Water Infrastructure: Information on Financing, Capital 
Planning, and Privatization, [hyperlink, 
http://www.gao.gov/products/GAO-02-764] (Washington, D.C.: Aug. 16, 
2002). 

[28] GAO, Superfund: Funding and Reported Costs of Enforcement and 
Administration Activities, [hyperlink, 
http://www.gao.gov/products/GAO-08-841R] (Washington, D.C.: July 18, 
2008). 

[29] GAO, Environmental Liabilities: EPA Should Do More to Ensure That 
Liable Parties Meet Their Cleanup Obligations, [hyperlink, 
http://www.gao.gov/products/GAO-05-658] (Washington, D.C.: Aug. 17, 
2005). 

[30] GAO, Hazardous Waste Sites: Improved Effectiveness of Controls at 
Sites Could Better Protect the Public, [hyperlink, 
http://www.gao.gov/products/GAO-05-163] (Washington, D.C.: Jan. 28, 
2005). 

[31] GAO, Leaking Underground Storage Tanks: EPA Should Take Steps to 
Better Ensure the Effective Use of Public Funding for Cleanups, 
[hyperlink, http://www.gao.gov/products/GAO-07-152] (Washington, D.C.: 
Feb. 8, 2007). 

[32] GAO, Perchlorate: A System to Track Sampling and Cleanup Results 
Is Needed, [hyperlink, http://www.gao.gov/products/GAO-05-462] 
(Washington, D.C.: May 20, 2005). 

[33] GAO, Climate Change: Federal Agencies Should Do More to Make 
Funding Reports Clearer and Encourage Progress on Two Voluntary 
Programs, [hyperlink, http://www.gao.gov/products/GAO-06-1126T] 
(Washington, D.C.: Sept. 27, 2006), and Climate Change: EPA and DOE 
Should Do More to Encourage Progress Under Two Voluntary Programs, 
[hyperlink, http://www.gao.gov/products/GAO-06-97] (Washington, D.C.: 
Apr. 25, 2006). 

[34] GAO, Climate Change Research: Agencies Have Data-Sharing Policies 
but Could Do More to Enhance the Availability of Data from Federally 
Funded Research, [hyperlink, http://www.gao.gov/products/GAO-07-1172] 
(Washington, D.C.: Sept. 28, 2007). 

[End of section] 

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