Re: [CPEO-BIF] EPA's Inspector General reviews All Appropriate Inquiries reports

["Trilling, Barry" <BTrilling@wiggin.com>]

Having seen this curse spread in both the public and private sectors, I favor the enactment of legislation or promulgation of regulation that will give EPA and state agencies the authority to issue monetary sanctions and/or lift the license to practice of so-called environmental professionals who certify compliance with the regulatory standard when it is far from the truth to do so.  Corporate officials who certify statements submitted to EPA are subject to criminal penalties; these folks who louse up the process for everyone else and endanger human health and the environment by doing so should also be subject to punishment.

Barry J. Trilling
 W I G G I N  A N D  D A N A 

-----Original Message-----
From: brownfields-bounces@lists.cpeo.org [mailto:brownfields-bounces@lists.cpeo.org] On Behalf Of Lenny Siegel
Sent: Tuesday, February 15, 2011 2:24 PM
To: Brownfields Internet Forum
Subject: [CPEO-BIF] EPA's Inspector General reviews All Appropriate Inquiries reports

[This new reports finds that EPA does not normally review All 
Appropriate Inquiries reports submitted by Brownfields Assessment 
grantees, and that those reports often do not meet the legal 
requirements under the AAI rule. What can and should be done to improve 
the quality of those reports? What can and should be done to ensure that 
AAI reports prepared for other purposes meet the legal requirements? 
Does anyone have evidence of serious on-the-ground consequences of poor 
AAI documentation?- LS]


EPA Must Implement Controls to Ensure Proper Investigations Are 
Conducted at Brownfields Sites

U.S. EPA Office of Inspector General
Report No. 11-P-0107
February 14, 2011

At a Glance

What We Found

EPA does not review AAI [All Appropriate Inquiries] reports submitted by 
grantees to assure that they comply with federal requirements. Rather, 
EPA has relied on the environmental professional conducting the AAI to 
self-certify that requirements are met. Of the 35 AAI reports we 
reviewed, from three EPA regions, none contained all the required 
documentation elements. This occurred because the Agency does not have 
management controls requiring EPA project officers to conduct oversight 
of AAI reports. Management controls regarding EPA oversight of 
Brownfields grants funded by the American Recovery and Reinvestment Act 
of 2009 (ARRA) are also missing. EPA has issued specific guidance and 
management controls for ARRA grant activities. However, the guidance and 
controls do not address oversight of AAI reports.

Because of EPA's lack of oversight and reliance on environmental 
professionals' self-certifications, AAI investigations not meeting 
federal requirements may go undetected by Agency staff. The Office of 
Inspector General found instances of noncompliance that were not 
detected by Agency staff. Improper AAI investigations introduce risk 
that the environmental conditions of a property have not been properly 
or adequately assessed, which may lead to improper decisions about 
appropriate uses of brownfields properties. Ultimately, threats to human 
health and the environment could go unrecognized.

Noncompliant AAI investigations may result in future grant denials and 
possible government reimbursement. The AAI reports the OIG reviewed were 
generated from $2.14 million in grant awards. If conditions merit, EPA 
is authorized to take back funds from noncompliant grantees. The OIG 
questions the value of the reports we reviewed.

What We Recommend

We recommend that EPA establish accountability for compliant AAI 
reports, to include those conducted under ARRA Brownfields grants; 
develop a plan to review AAI reports to determine the reports' 
compliance with AAI documentation requirements; and establish criteria 
to determine whether noncompliant grantees should return federal grant 
money. The Agency did not clearly agree or disagree with OIG 
recommendations. In its final response to the report, the Agency needs 
to agree or disagree with recommendations and, as appropriate, provide a 
corrective action plan to address the recommendations.



To download the full 19-page 140 KB report, go to 
http://www.epa.gov/oig/reports/2011/20110214-11-P-0107.pdf

-- 


Lenny Siegel
Executive Director, Center for Public Environmental Oversight
a project of the Pacific Studies Center
278-A Hope St., Mountain View, CA 94041
Voice: 650/961-8918 or 650/969-1545
Fax: 650/961-8918
<lsiegel@cpeo.org>
http://www.cpeo.org


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