905
             ntal Protection

              i DC 20460
               350R83101
              Office of
                ictor  General
                »rt  to Congress
              11 f  1 983  to
                 imberSO,  1983
    /NaJJ

   imental Protection  Agency
  rtibrary

  t Dearborn Street
 Illinois  60604

   is a digest version of the most'fecent
  '•report to Congress issued  by the Office of
  >r General. Its purpose is to inform EPA em-
did the public about our work in order to devel-
  ir awareness and understanding of our re-
tifS.and activities.
the past months, we have received tremen-
  6(1 and cooperation from the Administrator
  Iff as we pursued our mission of improving
>my and efficiency of EPA programs and
  .eliminate fraud, waste and abuse from the
 operations. We have developed a strong inter-
program and improved our investigative pro-
btrt much remains to be done.
  itly solicit the cooperation  of all EPA em-
  our work, for only with this  help can we hope j
  I. Listed on the back page of IG Highlights
imes, locations and phone number of the Di-
ispectors General for Audit and Investigations
kit the country. Please contact them or the
line if  you desire to bring any matter to my
Mention.
               tin
            r General

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 Profile  of Activity and  Results
Environmental  Protection Agency
Office of Inspector General
                               Amount April 1, 1983,
                               to September 30, 1983
Audit Operations

Questioned and Set Aside Costs                $158 Million
(Costs which are ineligible or lacking proper
support)

Sustained Costs for Recovery and Saving's        $34 Million
(Costs which EPA management agrees are in-
eligible and is committed to recover or offset
against future payments )

Cost Efficiencies or Deobligations               $11 9 Million
(Funds made available by implementing rec-
ommendations from OIG Internal and Man-
agement audits )

Total Amount Audited                       $2,475 Million
(Reported or  proposed expenditures or
claims )

Audit Reports Resolved                              882
(Agreement by Agency officials to take satis-
factory corrective actions )
Investigation Operations

Fines                                           $75,000

Investigation Cases Opened                           93

Investigation Cases Closed                            51

Investigation Cases Pending (9/30/83)                   223

Investigation Cases Referred for Prosecution             20

Indictments/Convictions                               15

Personnel and Administrative Actions Initiated or
Taken Against EPA Employees                         31
 Fraud Detection and Prevention Operation

 Debarments, Suspensions. Voluntary Exclusions and
 Settlement Agreements                                57
 (Actions to deny persons'or firms frcyn participating in
 EPA programs or operations because of misconduct
 or poor performance)

 Hotline Complaints Received                            48

 Hotline Complaints Processed and Closed                 66

 Proposed Legislation and Regulations  Reviewed           54

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 Investigative  Activities

 Distribution of Open Investigation Cases By Type
 Total Cases Open As of September 30, 1983  = 223
 Fraud Against the Government	
•••••••••••••••••••I120
 Antitrust
Administrative and Privacy Act Violations

Coiruption and Other

Conflict of Interest
BH15
Theft or Abuse of Government Property or Resources
HIM15
0  TO  20        50               ?00        130

Distribution of Open Investigation Cases By Office
Total Cases Open As of September 30, 1983 = 223
                                              143
                   Number of cases
0  10 20        50              100            150

Examples of New  Prosecutive Actions

Conspiracy to Rig Bids
The OIG staff initiated an investigation of bidirigging on
waste water treatment facilities, beginning with con-
tractors who previously had been indicted and con-
victed under Department of Transportation programs
By analyzing numerous construction contracts in North
and South Carolina, we identified a pattern of con-
spiracy by contractors to rig bids resulting in 10 in-
dictments and 6 convictions Bidnggmg investigations
are currently being conducted in Florida, Georgia, Ala-
bama, and Tennessee, and will  be expanded to addi-
tional states during fiscal 1984


False Claims
The former city engineer of Moultne, Georgia was sent-
enced on September 15, 1983,  to 3 years in jail, a
$10,000 fine and 2  years probation after pleading  guilty
of conspiring to approve payments of $90,000 based on
false claims for an EPA funded  project  The city engi-
neer approved  payments for raising and replacing man-

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 hole covers and pavement, cleaning, inspecting, testing,
 and grouting of sewer pipe joints without the work
 being performed  In return the engineer received a
 motorcycle from the contractor

 Embezzlement
 A former executive secretary of the South Dakota
 Association of Conservation Districts was sentenced in
 August 1983, for embezzling over $30,500 in State and
 EPA funds The executive secretary pleaded guilty to
 writing checks to  himself, changing dollar amounts on
 checks written to him, filing fraudulent travel vouchers
 and false postage charges, and maintaining a secret
 checking account  from which  he withdrew funds for
 personal  use. He was sentenced  to 60 days under a
 work release program and  two and one half years pro-
 bation.

Administration Actions

 Four examples of administrative actions taken during
 the semiannual reporting period are shown below
 • A former high-level EPA regional official made  restitu-
 tion to the Agency in the amount of $985 for personal
 use of a Government telephone credit card during a 13-
 month period
 • A regional office director resigned his position  and
 reimbursed the Agency $1,811 for false travel voucher
 claims
 • A high-level EPA official  improperly charged 69 per-
 sonal long-distance commercial calls to his Agency tele-
 phone credit card EPA was reimbursed $480 by  the
 employee
 • A former employee  reimbursed the Agency $229 in
 connection with an allegation that she altered her time-
 card on two occasions to reflect regular work hours in-
 stead of sick leave
Distribution of Administrative and Prosecutive Actions
By Type
 1 Resignation

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Fraud  Control Activities
The Inspector General participates in various activities
to promote economy and efficiency in the administra-
tion of EPA operations and prevent and detect fraud,
waste, and abuse in EPA programs. During this
reporting period the DIG:
•  provided the Administrator with technical assistance
to implement the Federal Managers' Financial Integrity
Act and revised OMB Circular A-123, and, conducted an
independent evaluation of the Agency's progress in im-
plementing the act;
•  conducted audits, investigations, and engineering
studies resulting in the debarment or suspension of 57
recipients or contractors because of misconduct or poor
performance; and,
•  reviewed'54 pieces of! proposed legislation  and
regulations topdentify potential improprieties or vulner-
,abilities for fraud, waste, or mismanagement.

Hotline  Activities
Sources of the 90 cases
opened as of the end
of the period.


            GAO
            11 Complaints
Disposition of the 66 cases
cl.osed this period.
         9 Valid Complaints
EPA Employees
40 Complaints
                               57 Unsubstantiated
                                 Complaints
 Hotline complaints found to be valid result in corrective ad-
 ministrative or prosecutive action

 If you are aware of any Fraud, Waste, or Mis-
 management, please contact the EPA Inspector General
 Hotline or the appropriate Divisional Inspector General

 • Information is confidental.

 • Caller may be anonymous.

 • Cash awards for cost saving disclosure.

 e- Call can be made from anywhere toll free.

 300-2124-4000/202 (or 8 if FTS) 382-4977

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design and construct wastewater treatment works
although the agency was not legally authorized to do
so We recommended that payments to the agency be
halted until the agency obtains appropriate legal author-
ity for grant eligibility

Untimely Review and Response to Proposed
Actions May Render the Environment
Unprotected.
The Office of Federal  Activities (OFA) was not meeting
its responsibility under Section 309 of the Clean Air Act
to provide comments  on environmental impact state-
ments and other proposed Federal actions to ensure
that such actions do not threaten public health  and the
environment. OFA failed to issue comments in 22 of 74
cases reviewed  even  though draft comments were pre-
pared for at least 10 of those 22 cases We recom-
mended that a control log be used to track the receipt
and response to all requests, and that the Director of
OFA be apprised of and be held accountable for the dis-
position of each case

Contractor Billed EPA $600,000 in
Excessive Costs.
Several Contractors performing emergency cleanup ac-
tions under the Superfund program overcharged the
EPA more than $600,000 by billing at rates that were
excessive compared to those charged on similar con-
tracts. The problem of excessive rate charging  was
chronic because contractors were employed on an
emergency basis before negotiation of terms. We rec-
ommended that proper contracting and procurement
controls be implemented and enforced

Grantees Overcharge $3.9 Million  For Waste
Water Treatment Projects.
In separate grant awards,  Dade County Florida, Delano,
California, and Houston, Texas, charged the Waste
Water Treatment Works Construction Grants Program
$2 4 million, $1  1 million, and $400,000 respectively for
ineligible costs beyond the scope of  the project or un-
approved change orders  We recommended recovery of
these costs.

 Audit Resolution
OIG staff and Agency officials have worked hard to re-
solve more than 882  reports during this semiannual
reporting period in agreeing to recover $34 2 million and
deobligate $11 9 million of questioned costs However,
the inventory of unresolved audit reports at the end of
this period has increased from 388 to 602, requiring
additional future efforts by the OIG and Agency officials
to resolve all audit reports within six months This in-
crease is primarily due to the issuance of 265 more au-
dit reports this six month period than the last

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 Audit Activities
 Distribution of Audit Reports
 Issued By Type
 Total Audits Issued = 1,089
 51,642
          Superfund
          28 Audits

          Internal and
          Management
          52 Audits
Grant and
Contract
491 Audits
           Distribution of Audited Costs and Amounts
           Questioned or Set Aside
           By Type of Audit
                    S811
        S123
                               L	I Audited Costs
                                      Questioned
                                      or Set Aside
  Construction
                           S30
                           IHI
                  Grant and Contract
    S22
          $'5
                                       Superfund
Examples of Significant  Audits
Delays in Construction Starts Cost Agency
Over $400 Million.
EPA's failure to enforce its regulations for timely con-
struction starts has resulted in preconstruction delays
exceeding 18 months on 634 grant projects and delays
exceeding four years on 22 of these grant projects De-
lays have increased EPA project costs by more than
$400 million while also increasing costs to local com-
munities and denying water quality benefits to the pub-
lic. We recommended that Agency management issue
and enforce more stringent regulations, increase its
effort to monitor delays and regional performance, and
establish management accountability to ensure prompt
construction of grant projects.

EPA Awards $2 Million to Ineligible Grantee.
The San Jacmto Mountain Area Water Study Agency in
California was awarded more than $2 million to plan,

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Divisional  Inspectors General
Eastern Division (New York)
Audits            Sanford Wolfe         264-5730
Investigations      George Markham       264-5730
Mid Atlantic Division (Philadelphia)
Audits             Paul Gandolfo          597-8636
Investigations       James Hagen          382-4934
Southern Division (Atlanta)
Audits             Leslie Buie            257-3623
Investigations       Herbert Hinchman      257-3623
Northern Division (Chicago)
Audits             Anthony Carrollo       353-2486
Investigations       Thomas Boockmeier    353-2507
Western Division (San Francisco)
Audits            Truman Beeler         454-7084
Investigations      Jonathan Sweeney     454-8151
All numbers are FTS

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