United States
  Environmental Protection Agency
  Washington DC 20460
350R86101
305
>cPA Office of
  Inspector General
  Report to  Congress
                      Fiscal 1986
     Environmental Protection Agency.
    on V, Library
 230 South Dearborn Stratf &&"'
 Chicago^ IWnolt €060$ • •"

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      The Inspector General Act of 1978 (P.L. 95-452) crea
      the Office of Inspector General to consolidate existin
      investigative and audit resources in independent
      organizations headed  by Inspectors General
        The OIG's role is to review EPA's financial transac
      program, and administrative activities; investigate
      allegations or evidence of possible criminal and civil
      violations; and promote economic, efficient, and effe
      operations within the  Agency.
        The EPA Inspector  General reports directly to the
      Administrator  and the Congress and has the authority

      •  Initiate and  carry out independent and objective au
      and investigations,

      •  Issue subpoenas for evidence and information,

      •  Obtain access to any materials in the Agency,

      •  Report serious or flagrant problems to Congress,
      •  Select and appoint  OIG employees, and

      •  Enter into contracts

        The Inspector General is  appointed by, and can be
      removed only by,  the President. This independence
      protects the OIG from interference and allows it to
      function as the Agency's fiscal and operational watch
      Office of Inspector General - Headquarters
                      Inspector General
                      John C Martin

                      Deputy Inspector General
                      Donald E Kirkendall
Office of Audit
Ernest E Bradley III
Assistant Inspector General
Kenneth A  Konz
Deputy	
   Office of Management
   and Technical Assessment

   Anna M Virbick
   Assistant Inspector General
    Office of Investigatio
    John  E  Barden
    Assistant Inspector Ge
    Daniel S Sweeney
    Deputy	
I    Operations Staff
    Steven A  McNamara
    Director

    Technical Services Staff
    James 0  Rauch
    Director
I       Technical Assessment and
       Fraud Prevention Division
       John C Jones
       Director

       Administrative and Man-
       agement Services Division
       Edwin N Canady
     Divisional Inspectors General
Headquarters
Kenneth Hockman
Internal Audit
(FTS or 202) 382-4930


Regions 1 and 2
Paul McKechme
Audit
(FTS or 617) 223-0940
Robert M  Byrnes
Investigations
(FTS or 212) 264-0399
Region 3
Paul R  Gandolfo
Audit
(FTS or 215) 597-0497
William N  Crane
Investigations
(FTS or 202) 382-4934

Regions 4, 6, 7, & 8
(Investigations)
Kathyrn M Kuhl-lnclan
Audit
(FTS) 257-3623
(404) 347-3623
James F Johnson
Investigations
(FTS) 257-3623 (404) 347-3623
Region 5
Anthony C  Carrollo
Audit IFTS or 312) 353-2486
Deirdre M Tanaka
Investigations
(FTS or 312) 353-2507

Regions 8 (Audit), 9 &
Truman R Beeler
Audit
(FTS) 454-7084
(415)974-7084
J Richard Wagner
Investigations
(FTS or 415) 454-8151

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Environmental Protection Agency
Office of Inspector General

Audit Operations                                     Amount
                                              Total Fiscal  1986

• Questioned Costs* - Total                       $1101  Million
(expenditures which are not allowed)

• Set-Aside Costs* - Total                        $208.5 Million
(expenditures which are insufficiently supported
to determine their allowability)
• Sustained Costs for Recovery and Savings -        $70 Million
Federal Share
(costs which  EPA management agrees are
ineligible and are committed to recover or offset
against future payments)

• Cost Efficiencies or Deobligations                $25 7 Million
(funds  made available by management's
commitments to implement recommendations in
OIG internal and management audits)
• Recoveries from Audit Resolutions of Current      $25 5 Million
and Prior Periods
(cash collections or offsets to future grants)
• EPA Audits Performed by the OIG                        155
• EPA Audits Performed by Another Federal               1,420
Agency, State Auditors, or Independent Public
Accountants and Attachment P Audits
• Audit Reports Resolved                                1,617
(agreement by Agency officials to take
satisfactory corrective action)

Investigative Operations

• Fines and Recoveries                            $2 8 Million
• Investigations Opened                                  336
• Investigations Closed                                    420
• Indictments of Persons or Firms                           41
• Convictions of Persons or Firms                           39

• Administrative Actions Taken Against EPA                  71
Employees

Fraud Detection and Prevention Operations

• Debarments, Suspensions, Voluntary                      144
Exclusions, and Settlement Agreements (actions
to deny persons or firms from participating in
EPA programs or operations because of
misconduct or poor performance)

• Hotline Complaints Received                              57
• Hotline Complaints Processed and Closed                  54
• Proposed Legislative and Regulatory Items                189
Reviewed
• Personnel Security Investigations Ad|udicated              934
"Questioned and set-aside costs are subject to reduction pending further
review in the audit resolution process
**Information on recoveries from audit resolution is provided from the EPA
Financial Management Division and is unaudited

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   Questioned and Set Aside Costs by Type of Audit


                           K@:&:$:-1 Set-Aside Costs

                           ^^^^^1 Questioned Costs
          Construction
Other grants
81 contracts
                                       Superfund
Examples of Significant Audits

The following represents examples of some of our most
significant types of findings. They should not be
considered representative of the overall adequacy of EPA
management.
EPA Pays Excessive Amounts for Emergency Cleanups
of Hazardous Wastes

The urgent need for emergency hazardous waste cleanups
led EPA to award multimillion dollar contracts for
Emergency Response Cleanup Services (ERGS) with
limited competition and without assurances that the
negotiated rates were reasonable. As a result,  EPA is
paying excessive amounts for the emergency cleanups.
ERCS contractors were paid an average markup of 40
percent over their labor costs and labor billed to EPA under
the fixed rates ranged from 14 percent to 103  percent
over the contractors' actual costs. Contractors  billed labor
at holiday and overtime premium rates, even though they
frequently did not pay these higher rates to their
employees.
   Equipment items were billed to EPA with markups over
cost ranging from averages of  143 percent on monthly
rates to 321 percent on hourly rates. Some items billed to
EPA were marked up over 15,000 percent.

EPA management in agreeing with most of our findings,
has initiated improved contract provisions to stop the
excessive payments, assure more competition in
contracting and proper charging, and payment of wage
rates.

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Almost Half a Billion Dollars Wasted on Faulty Projects
In Puerto Rico

After hundreds of millions of Federal dollars were spent
over 21 years, proscrastmation, poor internal controls and
lax enforcement have prevented Puerto Rico's wastewater
management programs from achieving an acceptable level
of water pollution control.
  The Puerto Rico Aqueduct and Sewer Authority (PRASA)
has estimated that an additional $800 million will be
needed to complete priority construction projects, achieve
full compliance with EPA regulatory requirements at all
facilities, and eliminate all its current existing liabilities.
PRASA lacked the managerial and  technical capability
required to achieve effective operations,  maintenance, and
compliance with regulatory provisions and EPA National
Pollutant Discharge Elimination System (NPDES) permit.

We recommend that Region 2 be held directly accountable
for ensuring that PRASA's problems are corrected and be
required to carefully monitor, track, and report on the
progress and success of corrective actions. Responsible
Headquarters officials should track overall regional
accomplishments. If appropriate progress is not made,
EPA  should transfer responsibility for managing PRASA's
programs to Headquarters and, if necessary, cut off
additional financial support to PRASA until necessary
improvements have been completed EPA is cautiously
optimistic about progress in Puerto Rico but is ready to
take  stronger steps to assure compliance with the Clean
Water Act if necessary.
Chesapeake Bay Program Managed Haphazardly

EPA could not demonstrate how various research efforts,
valued at $10.5 million, contributed to the  Bay cleanup.
  EPA did not follow its own regulations and  procedures
for monitoring grants and contracts awarded during fiscal
years 1978 through  1984. More than 50 percent of the
work products required by the grants and contracts
reviewed were either not completed or could not be
found  In a number of instances, EPA was not aware that
the work products were even missing  From this, we have
concluded that EPA's planning was deficient because the
work products were evidently not needed  However,  if
some or all of these work products were needed, then the
technical aspects of the Bay program become suspect.
Work products received months or years after the original
completion dates appear to be of questionable value.
  In  addition, project files were haphazardly maintained,
incomplete, and destroyed without proper  authority The
project files did not contain justifications for funding
increases totalling $2.8 million.  Completed grants and
contracts were not closed, nor was there evidence that
numerous grant conditions were satisfied

The Regional Administrator, Region 3, and his staff agreed
with our recommendations to strengthen administrative
and monitoring procedures.
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EPA Is Not Collecting Millions of Dollars Due from
Polluters
EPA was not always aggressively pursuing recovery of
hazardous waste cleanup costs and failed to recover abou
$88.8 million  from responsible parties. The Comprehensivi
Environmental Response, Compensation, and Liability Act
of 1980 (CERCLA) provides that parties responsible for the
hazardous waste conditions should either perform the
cleanup themselves or replenish the Trust Fund for costs
to do so. Once the responsible party is identified, EPA
must attempt to negotiate a settlement and pursue  a
recovery for the cost of the cleanup.
  As of September 30, 1985, EPA obligated $1.3 billion
from the CERCLA Trust Fund while only  recovering $14
million, a ratio of 1.1 percent Unless EPA becomes more
aggressive in pursuing recoveries,  its ability to replenish
the Trust Fund and clean up hazardous waste sites will be
severely limited.

EPA has agreed with our recommendations and  will revise
its policies and procedures to make  timely and definitive
cost recoveries.
The Asbestos in Schools Rule Needs Changes to Bette
Protect Students and Employees

EPA 1982 Asbestos in School Rule required that by May
1983, all local education agencies (1) inspect all school
buildings for friable (easily crumbled) materials and (2)
randomly sample and analyze all friable materials
  We found that EPA  regional officials were not always
emphasizing the importance of following recommended
sampling techniques, limiting assurance that asbestos was
being properly identified in schools We also identified
several  specific conditions not addressed by the current
rule, for example, about 12 4 million students and faculty
in colleges, universities, and government academies were
not included in the current rule  Also, periodic remspection
of schools is not currently required although material
containing asbestos and identified as not friable  could
become friable. Other high risk conditions were  also not
addressed by the rule

In response to our findings, the Agency has initiated
several  actions to address weaknesses cited in our report
including: holding a workshop to consider changes to the
rule; issuing simplified instructions on sampling for friable
material to the nation's 45,000 school districts; and
conducting formal training for all inspectors
EPA Regional Administrator Disallows Over $5.5
Million on Philadelphia Grant
The City of Philadelphia claimed about $1.5 million of
construction charges that it withheld from the contractor
pending a settlement on financial damages involving soil
and waste removal  We referred for Agency review $7 3
million of costs that were not within the scope of the

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project grant. An additional $1 7 million of costs were also
referred for Agency review pending the submission of
supporting documentation by the grantee

We recommended that the Regional Administrator,
Region 3,  not participate in the Federal share of questioned
costs; determine whether EPA  should participate in the cost
referred for review; and recover all aplicable amounts due
EPA.
  The Regional Administrator, Region  3, sustained $5.53
million the costs questioned and referred for review

Akron's $2.7 Million Insurance Recovery Also Claimed
From EPA
EPA gave  the City of Akron, Ohio, a grant  to modify its
existing treatment plant and later amended the grant to
fund the reconstruction of the sewer line that was
destroyed  by an explosion. The explosion,caused by
vandals, destroyed  about 6,600 linear feet of sewer
causing sewage to run into the streets. Akron requested
and received funding from EPA under a special provision
to pay for  the eligible portion of the sewer Akron also filed
a claim with its insurance company to recover damages
caused by the explosion Akron did not credit the $2 7
million  insurance recovery to the EPA  grant. We
recommended that the Regional Administrator, Region 5,
recover the $2 7 million Federal share of the insurance
recovery

The Regional Administrator, Region 5, sustained the full
amount questioned of $2.76 million.

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Audit Resolution

EPA management continues to emphasize both timeliness
and quality of audit resolution  As a result of emphasizing
the audit resolution process by both EPA and the Office o
Inspector General, the level of overdue audits hit an all
time low during the fiscal year decreasing from 20 at the
end of fiscal 1985 to  18 on September 30, 1986 During
fiscal 1986, EPA management closed  1617 audits and
sustained $95 7 millions of questioned costs, including $7(
million for cost recovery and $25 7  million in cost
reductions.
  EPA also recovered $7.2 million  in cash collections and
$18.3 million  in  offsets  against billings from resolution of
audits from prior and  current periods
  As a continuing effort to improve the audit resolution
process, four special  task force projects from last year's
National Audit Resolution/Assistance Disputes Conference
held in Atlanta have been completed  Steps are underway
to implement the recommendations of these task
forces—all of which will further improve the quality of the
Agency's audit resolution  functions
  A special review disclosed that recoveries are
substantially less than the Agency agreed to recover In
addition, thorough analysis of this situation is prevented
since the Agency Financial Management Division's tracking
reports contain  numerous inaccuracies and are ineffective
to control this function. An example of errors include $75 £
of $186 8 million of sustained  costs which should have
been tracked on the reports but were not. Therefore,
many millions of dollars of audit benefits were not
identified as Agency accom- plishments The DIG
recommended that the Comptroller provide instructions
emphasizing the importance of accurate reporting Further,
we recommended that  reviews periodically evaluate these
activities and procedures  be implemented for controlling
receivables and collections  Corrective action has already
been taken on several of  these issues

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Du; ng thi:  .seal year, o^r -ivestigal ve <:florts resulted 80
nd otmem: 'nd cc'ivicticn : and $2 8 rril ion of fines an j
'ec~>ven?s ' om persons -y firms who c efrauded the
age icy.  IVo >1  ol these recovares invoked bid rigging and
other fraud on competitive1 y awarded cuiuracts  As of
September !!0, 1986, a total of 36 indie ments and 24
corvictionb nave been obtained for bid 'igging
                            n
                EPA Empi
 Selected Prpsecutive and
 Administrative Actions
 Conspiracy to Rig Election and Bids on Sewer Project
 Brian Ingber, Supervisor of the Town of Fallsburg, New
 York, Howard Ingber, Wayne Pirnos, Thomas Peck and
 Service Scaffold, Inc , Ingbers' family business were
 charged with conspiring to rig bids so that Service
 Scaffold, Inc , would have an advantage in winning an
 equipment supply contract on a  $24 million sewer project
 The defendants allegedly manipulated the bidding process
 by conveying false information to competing bidders and
 concealing Brian Ingber's conflict of interest between his
 business and official position which included administering
 the sewer project
   The defendants were also charged with  rigging Ingber's
 1983 election as Supervisor by forging the signatures of
 registered voters on ballots and  fraudulently obtaining
 signed absentee ballots
   Brian Ingber was convicted on January 16,  1986, of mail
 fraud for forging absentee ballots during his 1983 election.
 Brian Ingber was convicted again along with Wayne Pirnos
 on June 18, 1986, for false statements and Brian Ingber
 and Sevice Scaffold, Inc , were found guilty of mail fraud

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Brian Ingber was sentenced to three consecutive one-year
prison terms, fined $12,000 and held personally liable for
any losses to the W.H.O Tn-Area Sewer Project caused
by his illegal activity  The other defendants were also given
prison terms and fined.

$750,000 Gained in Settlement From Fraudulent Sewer
Contractor
In a civil action, the United States obtained a settlement
judgment for $750,000 from the Municipal Industrial Pipe
Service (MIPS), and its family member owners. EPA has
also received about $76,000 from related bankruptcy
proceedings The civil action was based on prosecutive
action against MIPS and its owners who pled guilty to
defrauding the Government on sewer projects The
47-count indictment charged the  owners with a 10-year
scheme to defraud the Federal Government on $8 million
worth of sewer  maintenance projects by failing to perform
tests and repairs that they were paid to perform while
they distorted test results and fabricated progress reports

Electrical Contractors Rig Bids  on Chattanooga Project,
Fined $900,000
Commonwealth Electric Company (CEC) and Fischbach
and Moor, Inc. (FMI) were indicted on July 2, 1986,  for
unreasonable restraint of trade and commerce in violation
of the Sherman Act  The indictment charged that CEC and
FMI agreed that CEC would be the low bidder on the
EPA-funded Moccasin Bend Wastewater Treatment Plant
project in Chattanooga, Tennessee, and in return for FMI's
participation in the conspiracy, CEC would make a payoff
to FMI out  of the profits CEC expected to earn from the
contract or CEC would submit a collusive, artifically-high,
and rigged  bid for FMI on a future project
  FMI was convicted and fined $500,000 and CEC pled
nolo contendere and was fined $400,000 on September
29, 1988. EPA is seeking civil recoveries from FMI and
CEC.

Former EPA Purchasing Agent Prosecuted for
Self-Dealing
While working as a purchasing agent for the EPA in
Pensacola,  Florida, Richard Cosgrove  participated in
procurement of materials for EPA from Applied Science
Distributors (ASD), a company he founded, operated and in
which he had financial interest. Mr Cosgrove founded
ASD in the name of his then 14 year old stepdaughter
because "the Government looked more favorably on
minority-owned businesses"  and to disguise his
involvement with the company ASD's profit from sales to
EPA, its only customer, was almost $15,000
   Mr. Cosgrove pled guilty on June 24, 1986,  and received
a suspended prison sentence, 5  years probation, and
assessed $3,050 in fines and penalties He resigned from
EPA when  he learned of the investigation

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Project Officials Embezzle Almost $65,000 of Grant
Funds
William H Yeary, a Bell County,  Kentucky, official along
with Elmer Cleveland, a former EPA project officer, pled
guilty on July 17, 1986, to charges of embezzling grant
funds and filing fraudulent travel vouchers totalling nearly
$65,000. Shortly after being hired by Bell County to
manage a $410,000 EPA grant, the county official
terminated the bookkeeper, developed  a close personal
relationship with the EPA project officer responsible for
monitoring the grant and used a facsimile device to forge
his supervisor's signature on checks assuming complete
control over all grant funds  He substantially increased his
salary and converted  portions of cash travel advances to
personal use.
  To keep the EPA project officer from
"blowing-the-whistle" on the scheme, the county official
used grant funds to pay for the project officer's meals,
drinks, golf fees, and occasional motel  rooms The EPA
project officer filed fraudulent travel vouchers for
reimbursement of these same expenses  An EPA auditor
worked with the FBI and independent third parties to
uncover records proving the fraud. Mr  Yeary and Mr.
Cleveland were each sentenced to 3 years imprisonment
on September 25, 1986 All but 60 days of Mr Cleveland's
sentence was suspended,  however, he was also fined
$1,000 and ordered to perform community service while
on probation

Theft and Forgery of Government Checks
Blair J. Lyons, former EPA  employee, pled guilty on
August 28, 1986 to the charge of forging endorsements on
U S  Treasury checks During the investigation, conducted
jointly by the  EPA OIG and the  U S Secret Service, Lyons
admitted stealing 19 checks worth over $8,000 from the
EPA Financial Management Division He cashed and
forged at least 14 of them  before being apprehended
Lyons was sentenced to five years probation and ordered
to make restitution for $4480

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  Suspension and Debarment Activities
  EPA's policy is to do business only with contractors,
  grantees, and persons who are responsible, honest, and
  who comply with applicable rules and regulations  EPA
  enforces this policy by suspending or debarring any
  organization or person for acting improperly, having a
  history of substandard work, or willfully failing to perform
  on EPA or other Federally funded activities Suspensions
  and debarments deny participation in Agency programs
  and activities to those who represent a risk of abuse to
  the Government. In fiscal 1986,  144 debarment or
  suspension actions were taken.  Examples follow:

         Suspension and Debarment Activity By Fiscal Year
                          Fiscal 1985
  Debarments Resulting from Bid Rigging

  The Howard P  Foley Company, Inc., of Washington, D C ,
  was debarred for 3 years on March 7,  1986. The company
  had been convicted of conspiring to fix prices and rig bids
  on construction projects in the States of Washington and
  Pennsylvania. Three Foley Company officers and
  employees also were debarred for 3 years following their
  convictions on bid rigging charges These officers and
  employees were Bancroft T. Foley, Joseph J Rodgers,
  and Herbert C. Geuther. In a different case,  Frank P.
  Lench, branch manager of the Foley Company office in
  Martinez, California, also was debarred for 3 years on
  March 7,  1986. Mr. Lench had been convicted of
  obstructing justice during an investigation of the Foley
  Company by concealing and destroying documents which
  had been subpoenaed by a  Federal grand jury

  Debarments Following False Claims on Oil Spill
  Cleanup
  Universal Engineering Company, Universal Engineering and
  Supply Company, Inc., and Universal Wheels, Inc , Sulfur,
  Louisiana, were debarred for 3 ya£rs on March  6, 1986.
  Edwin A.  Bell, president of all three companies, and
10

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employees Bobby D. Bell and Tamar D. Dykes were also
debarred for 3 years on March 6, 1986, after they were
convicted of filing false claims for vehicle, labor, and
material charges on the Campeche Bay oil spill cleanup
contract with the U.S. Coast Guard.

Maryland Attorney General Convicts, EPA Debars Bay
Polluters
American Recovery Company, Inc., of Baltimore, Maryland,
and two of its employees were debarred for 3 years. The
corporation and the employees had been convicted of
receiving hazardous substances and dumping them into
Chesapeake Bay. This case is part of a new EPA initiative
to debar firms whose environmental crimes demonstrate
that they are not responsible enough to perform on
government projects.

Personnel Security Program Increases Productivity and
Timeliness of Integrity Reviews
The personnel security program is one of the Agency's
first line defenses against fraud, using background
investigations to review the integrity of EPA employees
and contractors. During fiscal 1986, 934 investigations
were reviewed, a 51  percent increase over fiscal 1985,
resulting  in:  the resignation of 3 employees and formal
reprimands of 2 other employees with outstanding arrest
information; formal reprimands of 3 employees for falsely
claiming a college degree; the termination  of a contractor's
access to confidential information for failing to disclose a
poor credit rating and large outstanding debts; and
correction of applications by 14 employees for omitting
information concerning convictions and/or involuntary
terminations

Employee Awareness
A continuing priority of the Office of Inspector General  is
to make EPA employees, grantees, firms participating in
EPA operations, and the public  aware of their responsibility
to prevent, detect,  and report instances of fraud, waste,
and abuse To provide this information and encourage
participation in fulfilling the objectives of the OIG we have
used a variety of media,  including:

•  Indicators of Fraud in EPA Procurement  Booklet.  In
conjunction with the EPA Committee on Integrity and
Management Improvement (CIMI), the OIG issued this
publication which describes specific fraud schemes which
can occur in EPA contracts along with their indicators for
detection

•  Employee Awareness Bulletins. Also in conjunction with
the CIMI, the OIG issued two Awareness Bulletins to all
EPA employees titled "EPA Suggestion Program-Dollars
for Your Thoughts" in November 1985, and "Indicators of
Fraud" in September 1986.
                                                    11

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  • Videotape on Bid Rigging  The EPA Office of Water, The
  Antitrust Division of the Department of Justice and the
  OIG collaborated in the production of videotape on bid
  rigging  The presentation designed for EPA program
  managers,  State agency officials, and local project
  directors details the indicators of bid rigging schemes and
  how they can be recognized and detected

  • Development of Fraud Detection and Awareness
  Course. The OIG has developed a course for independent
  public accountants who perform audits of EPA projects for
  the OIG, and, EPA and State project managers to increase
  their awareness of and ability to detect  and refer indicators
  of fraud to  the OIG Office of Investigations
12

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Hotline Activities

The DIG Hotline Center received 57 new complaints and
closed 54 cases during fiscal 1986 Of these, 17 resulted
in environmental, administrative, or prosecutive action  We
also received 573 calls in which callers were referred to
the appropriate program office,  State agency, or other
Federal agency for assistance.
  The following are examples of corrective action taken as
a result of information provided to the hotline center
• As a result of a complaint, EPA and GSA investigators
recovered office equipment and other related electronic
parts stolen from EPA by an employee of an EPA
contractor The subject was ordered to pay a fine of
$1,000 and placed on 3 years probation
• A complainant alleged that a Texas company was
causing extensive air pollution and was not in compliance
with EPA air quality standards. As a result of an
investigation by EPA and the Texas Air Control Board, the
company agreed to implement control measures that
reduced dust and paniculate emissions from the plant
• As the result of a complaint, $1,065 was recovered from
an EPA employee who used frequent traveler airline
credits for personal travel to Europe for himself and his
wife.
If you are aware of any fraud, waste, or mismanagement,
please contact the EPA Inspector General Hotline or the
appropriate Divisional Inspector General listed on the
second panel of this brochure
• Information is confidential.
• Caller may be anonymous
• Call can be made from anywhere toll free 800-424-4000
202 (or 8 if  FTS) 382-4977
Remember, Act Like Its Your Money—It Is
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