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U.S. ENVIRONMENTAL PROTECTION AGENCY
OFFICE OF INSPECTOR GENERAL
Audits on EPA Recovery Act-
Funded Diesel Emission
Reduction Act Assistance
Agreements Reported
Programmatic and Management
Challenges
Report No. 14-R-0355	September 15, 2014
~ ~~ RECOVERY.GOV
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This is one of the U.S. Environmental Protection Agency Office of Inspector General's
products associated with climate change. For details on our other reports on climate
change, go to http://www.epa.gov/oig/climatechange.
Report Contributors:	Leah Nikaidoh
Darren Schorer
Abbreviations
DERA	Diesel Emissions Reduction Act
EPA	U.S. Environmental Protection Agency
FY	Fiscal Year
OAR	Office of Air and Radiation
OIG	Office of Inspector General
Cover photos: The American Recovery and Reinvestment Act of 2009 logo (center);
(clockwise from top): a retrofitted school bus (EPA photo), old and new trailer
refrigeration units (EPA OIG photo), a locomotive (EPA OIG photo), and an
EPA-certified SmartWay tractor (EPA photo).
Are you aware of fraud, waste or abuse in an
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Washington, DC 20460
(888) 546-8740
(202) 566-2599 (fax)
OIG Hotline@epa.gov
More information at www.epa.gov/oiq/hotline.html.
EPA Office of Inspector General
1200 Pennsylvania Avenue, NW (241OT)
Washington, DC 20460
(202) 566-2391
www.epa.gov/oig
Subscribe to our Email Updates
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Send us your Project Suggestions

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ytDSrX U.S. Environmental Protection Agency	14-R-0355
£	x> Office of Inspector General	September 15,2014
I® I
At a Glance
Why We Did This Review
In 2005, Congress passed the
Energy Policy Act, of which
Title VII, Subtitle G,
established a program
commonly referred to as the
Diesel Emissions Reduction
Act (DERA) program. As part of
our oversight of the
U.S. Environmental Protection
Agency's (EPA's) awarding of
assistance agreements under
the American Recovery and
Reinvestment Act of 2009, we
issued six separate reports on
specific cooperative
agreements involving the
DERA program. The purpose
of this new report is to
summarize the findings in the
previous reports and identify
commonalities or overarching
issues.
EPA awarded $294 million in
Recovery Act funds under the
DERA program for
160 assistance agreements.
The reported results are from
our six previous reports,
representing approximately
$26 million in federal
expenditures.
This report addresses the
following EPA goal or
cross-agency strategy:
• Addressing climate change
and improving air quality.
Send all inquiries to our public
affairs office at (202) 566-2391
or visit www.epa.gov/oia.
The full report is at:
www.epa.gov/oig/reports/2014/
20140915-14-R-0355.pdf
Audits on EPA Recovery Act-Funded Diesel Emission
Reduction Act Assistance Agreements Reported
Programmatic and Management Challenges
EPA should consider the
issues identified in our
prior reports as it takes
actions directed by the
Office of Management and
Budget to assess risk
inherent in its programs.
What We Found
During the six previous audits on Recovery
Act cooperative agreements awarded for
DERA projects, we determined that:
•	Four of the six recipients did not meet all
objectives of grant awards.
•	Five of the six recipients did not have
financial management systems that
met federal requirements.
•	Four of the six recipients did not meet Recovery Act requirements.
As a result, we had questioned over 90 percent of the expenditures reviewed.
As part of the Office of Management and Budget's streamlining of federal
assistance agreement requirements, emphasis has now been placed on
agencies to assess recipient risk, and to focus on performance outcomes. The
EPA should consider the issues identified as it takes such streamlining actions.
The six previous audits included recommendations for corrective actions.
No new recommendations are included because the limited sample size of
previous Office of Inspector General reports may not be representative of the
entire population of EPA DERA awards. Examples of actions the EPA took to
address issues identified in the prior audit reports include the following:
•	In response to a recipient not requiring a subrecipient to scrap or
remanufacture old engines taken from repowered locomotives in
accordance with the cooperative agreement, action was taken to do so.
•	The EPA was able to provide confirmation that every vehicle reported as
retrofitted by a recipient under its cooperative agreement was completed.
•	A recipient was not operating repowered locomotives in the area defined
in the cooperative agreement, and the cooperative agreement was
amended to have the grantee deliver environmental and health benefits to
the required area.
The EPA's Office of Air and Radiation also made changes to DERA oversight to
reduce risk in the future, including revised methodologies for emissions
reporting, yearly project officer and grantee training, creation of technical
guidance related to DERA-specific assistance agreement management, and
continued baseline and advanced monitoring on the DERA program.

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^£DSX
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<	2	UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
| V\l fj ®	WASHINGTON, D.C. 20460
PRO**4,
THE INSPECTOR GENERAL
September 15, 2014
MEMORANDUM
SUBJECT: Audits on EPA Recovery Act-Funded Diesel Emission Reduction Act
Assistance Agreements Reported Programmatic and Management Challenges
Report No. 14-R-0355
FROM: Arthur A. Elkins Jr.	^' '/ r^ <,._j
TO:	Janet McCabe, Acting Assistant Administrator
Office of Air and Radiation
Nanci Gelb, Acting Assistant Administrator
Office of Administration and Resources Management
This is our report on the subject review conducted by the Office of the Inspector General (OIG) of the
U.S. Environmental Protection Agency (EPA). As part of our oversight of the EPA's awarding of
assistance agreements under the American Recovery and Reinvestment Act of 2009, we issued six
separate reports on specific assistance agreements involving the Diesel Emission Reduction Act
program. The purpose of this new report is to summarize the findings from the previous reports and
identify commonalities or overarching issues. The six previous audits included recommendations for
corrective actions. No new recommendations are included in this report because the limited sample size
of the previous OIG reports may not be representative of the entire population of EPA Diesel Emission
Reduction Act program awards. The report represents the opinion of the OIG and does not necessarily
represent the final EPA position.
The Office of Air and Radiation's Office of Transportation and Air Quality and the Office of
Administration and Resources Management's Office of Grants and Debarment can consider the issues
identified in assessing the risks associated with recipients prior to award.
Action Required
Because this report contains no recommendations, you are not required to respond to this report.
However, if you submit a response, it will be posted on the OIG's public website, along with our
memorandum commenting on your response. Your response should be provided as an Adobe PDF file
that complies with the accessibility requirements of Section 508 of the Rehabilitation Act of 1973, as
amended. The final response should not contain data that you do not want released to the public. If your
response contains such data, you should identify the data for redaction or removal, along with
corresponding justification.
We will post this report to our website at http://www.epa.gov/oig.

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Audits on EPA Recovery Act-Funded Diesel Emission	14-R-0355
Reduction Act Assistance Agreements Reported
Programmatic and Management Challenges
Table of Contents
Introduction		1
Purpose		1
Background		1
Responsible Offices		2
Scope and Methodology		2
What We Found		5
Recipients Did Not Meet Award Objectives		6
Recipients' Financial Management Systems
Did Not Meet Federal Requirements		8
Recipients Did Not Meet Recovery Act Requirements		9
Additional Prior Report Noted Similar Issues		10
Update on Actions Taken by EPA		10
Appendix
A Distribution
12

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Introduction
Purpose
As part of our oversight of the U.S. Environmental Protection Agency's (EPA's)
awarding of assistance agreements1 under the American Recovery and
Reinvestment Act of 2009, the EPA Office of Inspector General (OIG) issued six
separate reports on specific assistance agreements involving EPA's Diesel
Emission Reduction program. The purposes of this new report are to:
•	Summarize the findings reported under the assistance agreement audit
reports.
•	Identify any commonalities or overarching issues that impacted the
recipients' abilities to meet their grant objectives and comply with federal
regulations.
Background
Diesel emissions account for 6.3 million tons of nitrogen oxide and 305,000 tons
of particulate matter in the national mobile emissions inventory (2004). The
emissions are from a variety of on-road and non-road vehicles, such as those used
for freight, ports, transit, construction, agriculture and energy production.
According to the EPA, reducing emissions from diesel engines is one of the most
important air-quality challenges facing the United States. These emissions
contribute to serious public health problems, including asthma, lung cancer, and
various other cardiac and respiratory diseases. These problems result in thousands
of premature deaths, millions of lost workdays, and numerous other negative
health and economic outcomes every year.
In 2005, Congress passed the Energy Policy Act, of which Title VII, Subtitle G
established a program commonly referred to as the Diesel Emissions Reduction
Act (DERA) program. Congress appropriated a total of $219.1 million for the
EPA under DERA for fiscal years (FYs) 2008 through 2011. The money enabled
the EPA's Office of Air and Radiation (OAR) to fund programs managed by
OAR's Office of Transportation and Air Quality to achieve significant reductions
in diesel emissions (e.g., tons of pollution produced and diesel-emission
exposures, particularly from fleets operating in areas designated by the agency as
poor air quality areas). Of the authorized DERA amount, 70 percent is authorized
1 An assistance agreement is the legal instrument EPA uses to transfer money, property, services, or anything of
value to a recipient to accomplish a public purpose. It is either a grant or a cooperative agreement and will specify:
budget and project periods; the Federal share of eligible project costs; a description of the work to be accomplished,
and any terms and conditions/special conditions.
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for competitive national assistance agreements and low-cost revolving loans, and
the remaining 30 percent is for state assistance agreements and loan programs.
The OAR continues to provide substantial DERA funding, with non-Recovery
Act awards of over $141 million to recipients to reduce diesel air emissions
through FY 2017.
Congress appropriated an additional $300 million to the EPA in FY 2009 for
DERA assistance agreements under the Recovery Act. In addition to the DERA
goal of reductions in diesel emissions, the assistance agreements awarded with
Recovery Act funds were also intended to promote economic recovery and create
or retain jobs. EPA was to consider these economic factors in awarding
competitive grants and fund projects that could be undertaken quickly. The EPA
reported that it awarded approximately $294 million for 160 assistance
agreements.
Responsible Offices
The OAR's Office of Transportation and Air Quality and the Office of
Administration and Resources Management's Office of Grants and Debarment are
the program offices responsible for the issues discussed in this report.
Scope and Methodology
We conducted this performance audit in accordance with generally accepted
government auditing standards. Those standards require that we plan and perform
the audit to obtain sufficient, appropriate evidence to provide a reasonable basis
for our findings and conclusions based on our audit objectives. We believe that
the evidence obtained provides a reasonable basis for our findings and
conclusions based on our audit objectives. We identified six previous reports on
Recovery Act DERA projects issued by the OIG for review, as listed in table 1.
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Table 1: Summary of previously issued OIG audit reports
Report title
Report no.
Date issued
Examination of Costs Claimed Under EPA Cooperative Agreement
2A-83440701 Awarded Under the Recovery Act to Cascade Sierra
Solutions, Eugene, Oregon
12-R-0749
September 4, 2012
Air Quality Objectives for the Baton Rouge Ozone Nonattainment Area
Not Met Under EPA Agreement 2A-96694301 Awarded to the Railroad
Research Foundation
13-R-0297
June 20, 2013
Projected Emission Reductions Overstated and Buy American
Requirements Not Met Under EPA Award to the Tennessee Department
of Transportation
13-R-0321
July 19, 2013
Examination of Costs Claimed Under EPA Cooperative Agreements
2A-96104501 and 2A-96107201 Awarded Under the Recovery Act to
Chelsea Collaborative Inc., Chelsea, Massachusetts
13-R-0353
August 22, 2013
Examination of Costs Claimed Under American Recovery and
Reinvestment Act Cooperative Agreement 2A-97706701 Awarded to
Grace Hill Settlement House, St. Louis, Missouri
13-R-0367
August 30, 2013
Unless California Air Resources Board Fully Complies With Laws and
Regulations, Emission Reductions and Human Health Benefits Are
Unknown
14-R-0130
March 6, 2014
Source: OIG-issued reports
We analyzed the findings and recommendations to determine whether there were
any issues common to more than one audit. We did not obtain any new
information and did not conduct preliminary research. This report is intended to
be informative in nature and provide lessons learned for future DERA awards.
No recommendations are included because the limited sample size of the previous
OIG reports issued may not be representative of the entire population of EPA
DERA awards. We believe that the evidence obtained provides a reasonable basis
for our findings and conclusions based on our audit objectives.
The seven assistance agreements included in these six reports represented
$26,737,810 of the approximately $294 million of Recovery Act DERA money
awarded by EPA. The six recipients included four non-profit organizations and
two state agencies. Details on the assistance agreements are in table 2.
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Table 2: Details on grants reviewed
Recipient
Recipient
type
Grant no.
Project objective
Federal
award
amount
Project
period
Cascade Sierra
Solutions, Eugene,
Oregon
Non-profit
2A-83440701
Create a national
revolving loan program
for heavy-duty trucks.
$9,000,000
08/01/09 to
03/31/13
Railroad Research
Foundation,
Washington, D.C.
Non-profit
2A-96694301
Repower locomotives
for Baton Rouge,
Louisiana.
2,927,496
09/09/09 to
12/31/10
Tennessee Department
of Transportation,
Nashville, Tennessee
State
2A-95425709
Install a network of truck
stop electrification
facilities at highway
truck stops.
2,000,000
06/01/09 to
11/30/11
Chelsea Collaborative
Inc., Chelsea,
Massachusetts
Non-profit
2A-96104501
and
2A-96107201
Provide 14 retrofits and
four engines upgrades.
Repower privately-
owned stationary cold
storage units.
1,921,426
05/01/09 to
09/30/11
Grace Hill Settlement
House, St. Louis,
Missouri
Non-profit
2A-97706701
Provide emission
reduction technology for
a variety of vehicles.
2,000,000
06/01/09 to
06/30/11
California Air
Resources Board,
Sacramento, California
State
2A-00T13801
Repower switch-yard
locomotives within the
South Coast Air Basin.
8,888,888
06/15/09 to
12/31/10
Total



$26,737,810

Source: EPA grants database.
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What We Found
Our review of the six prior audits of specific cooperative agreements awarded
under the Recovery Act involving DERA projects identified three common,
overarching issues:
•	Four of the six recipients did not meet all the objectives of the award.
•	Five of the six recipients did not have a financial management systems
that met federal requirements that applied to the grant award.
•	Four of the six recipients did not meet Recovery Act requirements.
As a result, we questioned a total of $23.8 million of the $26.3 million claimed
under the assistance agreements. We summarize the costs questioned by finding
and recipient in tables 3 and 4, respectively.
Table 3: Costs questioned by finding
Finding
Costs
questioned
Objectives of award not met
$11,655,343
Federal requirements for financial management systems not met
10,538,263
Recovery Act requirements not met
1,623,049
Total
$23,816,655
Source: OIG-issued reports.


Table 4: Funds audited and costs questioned by recipient

Recipient
Federal funds
audited
Costs
questioned
Cascade Sierra Solutions
$9,000,000
$9,000,000
Railroad Research Foundation
2,904,578
2,904,578
Tennessee Department of Transportation
1,623,049
1,623,049
Chelsea Collaborative Inc.
1,921,426
0
Grace Hill Settlement House
1,985,679
1,423,028
California Air Resources Board
8,866,000
8,866,000
Total
$26,300,732
$23,816,655
Source: OIG-issued reports and assistance agreement award documents.
Cooperative agreements require substantial involvement in the form of technical
assistance, development of outputs and oversight. Substantial involvement takes
the form of monitoring the project by the EPA, participation and collaboration
between the EPA and the recipient in program content, review of project progress,
and quantification and reporting of results. Greater involvement, especially in the
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early stages of the project, could prevent confusion over requirements and the
later need for corrective actions at the end of the project.
Recipients Did Not Meet Award Objectives
Four of six recipients did not meet the award objectives. Details on our findings
are in table 5.
Table 5: Details on recipients not meeting award objectives
Recipient
Objective
Findings
Cascade Sierra
Solutions
The cooperative agreement allows
for funding of pre-2007 model year
highway vehicles so long as
verified emission control
technologies have been installed.
Recipient did not install verified
emission control technologies on
pre-2007 model year trucks;
therefore, trucks did not meet
emission requirements.
Railroad Research
Foundation
The cooperative agreement states
that the foundation requested funds
to repower locomotives in the city
of Baton Rouge, Louisiana, which
is currently designated as a
nonattainment area for ozone.
Repowered locomotives were not
operating in the Baton Rouge
nonattainment area as provided for in
proposal. As a result, the inhabitants
of Baton Rouge were not receiving
the benefits of the lower diesel
emissions expected by the EPA.
Tennessee
Department of
Transportation
The cooperative agreement states
that the final project report will
include a summary of the project or
activity, and actual results (outputs
and outcomes, and costs). The
agreement also says the final
report will include the actual
emissions benefit calculations.
Recipient overestimated emission
reduction projections because it used
estimated hours rather than actual
usage.
California Air
Resources Board
•	The cooperative agreement
requires the recipient to agree to
scrap or remanufacture replaced
equipment.
•	The cooperative agreement states
that the project will achieve
significant reductions in diesel
emissions.
•	Recipient did not scrap or
remanufacture replaced locomotive
engines.
•	Emission reductions calculations
were based on estimates of fuel
usage because actual fuel usage
data was not available. As a result,
the board does not have reasonable
assurance of achieving projected
emission reductions and human-
health benefits.
Source: OIG-issued reports and assistance agreement award documents.
Our audits reported that, in some cases, recipients misunderstood requirements of
the cooperative agreement awards; or, in the haste of completing projects within
the Recovery Act deadlines, guidance was not adequately communicated or
documented to the recipient. We noted that one recipient did not seek guidance
from the EPA on a timely basis, and did not disclose the issue in the quarterly
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reports. Further, the audits disclosed issues with emission reduction calculations
similar to those reported in a previous OIG report to the OAR (see later section,
Additional Prior Report Noted Similar Issues). Ultimately, the final reports
submitted by recipients did not demonstrate that Recovery Act DERA projects
achieved the desired emissions reductions.
Recipients Did Not Seek or Document EPA Guidance
Although the Railroad Research Foundation's award required repowering five
locomotives in Baton Rouge—an ozone nonattainment area—we found that the
locomotives were not operating in Baton Rouge. The foundation's subrecipient
did not believe that it was required to operate the repowered locomotives in the
Baton Rouge area after the project period expired. This conclusion was based on a
response to a hypothetical question that the railroad obtained from the National
Clean Diesel Campaign Helpline. If the subrecipient had questions regarding its
obligations under the agreement with the foundation, it should have addressed
those concerns directly with the foundation.
Both Cascade Sierra Solutions and California Air Resources Board made decisions
on grant activities that did not meet the award objective because they believed they
had EPA concurrence, but they did not have documentation. Specifically:
•	The Cascade Sierra Solutions award allowed the purchase of pre-2007
model-year trucks as long as verified emission control technologies were
installed. Cascade purchased the trucks but did not retrofit them as required
by the award. Cascade said the EPA project officer approved the purchase
of the pre-2007 model-year trucks without retrofits on the condition that
they be retrofitted at a later date. However, the communication cited by
Cascade does not provide the project officer's approval for the purchase; it
only acknowledges the purchase of the trucks and that Cascade planned to
retrofit the trucks in the fall of 2010. In addition, the quarterly reports
submitted by Cascade do not mention the pre-2007 model-year trucks until
the fourth quarter of 2010. As of the report date of September 4, 2012,
Cascade had yet to retrofit the pre-2007 model-year trucks.
•	The California Air Resources Board said it did not require the BNSF
Railway Company to scrap or remanufacture the old engines in accordance
with the award and Energy Policy Act requirements. The locomotives with
the old engines would be banned from operation within California, which is
consistent with the board's other funding programs using incentives. The
board said that the ban option was part of discussions with the EPA, and the
board believed it had approval from the EPA. The EPA acknowledged that
the period during project approvals was a chaotic time, but was not aware of
any approval. In response to the audit, the board and BNSF signed a written
agreement to scrap or remanufacture the old engines, and this agreement is
supported by EPA headquarters and Region 9.
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Recipients' Final Report Did Not Demonstrate Achievement of
Emission Reduction
The Tennessee Department of Transportation overstated its project results by using
significantly overestimated usage assumptions in its projections rather than using
actual usage data. As a result, Tennessee did not have reasonable assurance that the
truck stop electrification project will achieve its projected emissions reductions and,
ultimately, expected environmental and human health benefits. Further, the DERA
program results may be overstated. In response to the report, EPA Region 4 said it is
working with Tennessee to update emissions reduction information, and Tennessee
said it was willing to work with the EPA to modify project results based on actual
usage.
The California Air Resources Board calculated potential emissions reductions for
the repowered locomotives based on estimates of fuel usage because actual fuel-
usage data for individual locomotives was not available. The board provided a
range of emissions reductions based on estimated fuel usage, but the estimates
varied significantly and the project may not achieve the emissions reduction
targets. Unless the board can provide actual fuel usage, the EPA does not have
reasonable assurance that the project will achieve projected emission reductions or
expected environmental results and human health benefits.
Recipients' Financial Management Systems Did Not Meet
Federal Requirements
We questioned $10,538,263 because the financial management systems for five of
six recipients did not meet federal requirements that apply under the assistance
agreement award. Of the five recipients, four are non-profit organizations and one
is a state agency. Specific instances of noncompliance included:
•	A financial management system that was unable to provide timely
financial information and reporting.
•	A formal revolving fund not being established to support the revolving
loan fund program.
•	Project costs that were not fully supported.
•	Progress reports that did not accurately identify expenditures by funding
source, the number of projects, and the total cost of projects.
•	Equipment procurements not meeting competition or cost and price
analysis requirements.
•	A contractor billing costs in excess of the recipient's share of total costs.
•	Lack of segregation of unallowable costs.
•	Cash draws exceeding immediate cash needs.
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The amount of questioned costs by recipient are presented in table 6.
Table 6: Financial management system questioned costs
Recipient
Recipient Type
Questioned Costs
Cascade Sierra Solutions
Non-profit
$9,000,000
Railroad Research Foundation
Non-profit
21,126
Chelsea Collaborative Inc.
Non-profit
0
Grace Hill Settlement House
Non-profit
1,423,028
California Air Resources Board
State
94,109
Total

$10,538,263
Source: OIG-issued reports and EPA grants database.
Because four of the six recipients audited were non-profit organizations, we
reviewed EPA policies and procedures to determine whether the EPA had any
specific guidance regarding the award of assistance agreements to non-profit
organizations. EPA Order 5700.8, EPA Policy on Assessing Capabilities of Non-
profit Applicants for Managing Assistance Awards, establishes internal controls
for determining whether the administrative and programmatic capability of non-
profit organizations apply for assistance agreements. It also establishes uniform
post-award procedures for addressing a material failure to comply by non-profit
recipients. As part of our audit work, we did not assess the EPA's pre-award
process for compliance with this order. However, given the significant financial
management issues identified in our reports, EPA may need to reassess the
effectiveness of this policy for future DERA awards.
Recipients Did Not Meet Recovery Act Requirements
To receive Recovery Act funding, recipients had to comply with various
requirements. As part of our audits, we reported that recipients did not fully
comply with Recovery Act requirements related to job reporting and Buy
American. The fact that Recovery Act requirements such as Buy American and
job reporting were challenging for both the EPA and the recipients to interpret
and implement contributed to the issues noted.
Four of the six recipients did not calculate the number of jobs created or retained
in accordance with Office of Management and Budget guidance for Section 1512
of the Recovery Act. Three recipients calculated jobs created or retained by
including labor hours that were not funded through the Recovery Act. The
recipients either agreed with the finding or expressed willingness to work with
EPA on resolving the finding. One recipient was unable to provide supporting
documentation for the number of jobs reported as created or retained, and the
recipient disagreed with the finding. EPA has not provided a response and the
finding is still unresolved.
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One recipient—the Tennessee Department of Transportation—did not comply
with the Recovery Act's Buy American requirements for all of its contract
awardees. This occurred because, subsequent to the contract awards, the EPA
incorrectly determined that the requirements did not apply to the project.
Consequently, there was no assurance that all iron, steel or manufactured goods
incorporated into the project were manufactured or substantially transformed in
the United States, as required by Section 1605 of the Recovery Act. As a result,
we questioned $1,623,049 as unsupported. Tennessee disagreed with the finding
and recommendation. EPA Region 4 said that Tennessee has information that
demonstrated Buy American compliance, but the finding is still unresolved.
Additional Prior Report Noted Similar Issues
In addition to the six audits noted, the OIG had conducted an evaluation to
determine whether selected Recovery Act awards were effective in obtaining
diesel retrofits and intended diesel emission reductions. That evaluation, EPA
Should Improve Guidance and Oversight to Ensure Effective Recovery Act-
Funded Diesel Emissions Reduction Act Activities (Report No. 11 -R-0141), was
issued March 1, 2011.
The OIG had reviewed National Clean Diesel Funding Assistance Program and
State Clean Diesel Program assistance agreements. The report found that
documentation of grant activities was not always sufficient to demonstrate that
funded work met the specific requirements needed to achieve the desired
emissions reductions. As a result, the EPA could overestimate emissions
reductions for grant activities. Additionally, EPA funds were used to replace
vehicles that would have been replaced anyway due to normal attrition.
The report concluded that EPA should issue additional guidance and improve
oversight to ensure that completed activities achieve planned emissions reductions
and that the activities are reported accurately. Additional EPA guidance was
needed to clarify when replacements were considered normal attrition and not
eligible for DERA funding. OAR had concurred with the findings and conclusions
and agreed to implement all of the report's recommendations.
Update On Actions Taken by EPA
OAR provided additional information on the DERA program's activities since the
grants were awarded in 2009. OAR said it has strengthened the DERA program
over the past 5 years and addressed many of the issues identified in the prior
audits.
OAR acknowledged the issues with Recovery Act requirements but noted these
were unique requirements and had not been required for non-Recovery Act
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DERA projects. OAR believed it worked hard to balance the need to meet the
mission of Recovery Act funding to complete "shovel ready projects" as fast as
possible while interpreting and implementing Recovery Act requirements.
OAR said significant effort has been made to resolve the issues in the prior audit
reports. OAR and the regions have worked with grantees to complete projects as
intended. Specific actions included:
•	Closing out the agreement between the California Air Resources Board
and BNSF to scrap locomotive engines.
•	Confirming with the Grace Hill Settlement House that every vehicle
retrofitted under the grant was completed.
•	Amending the agreement between the Railroad Research Foundation and
the Kansas City Southern Railway Company regarding the operation of
five repowered locomotives.
•	Recovering $1.8 million of funds from Cascade Sierra Solutions; the funds
were returned to the DERA program to fund emissions projects in priority
areas with poor air quality.
In addition, OAR has made changes to DERA program oversight and
implementation to reduce the risk of issues in the future, including:
•	Updating DERA's request for proposal.
•	Revising reporting templates and methodologies for emissions reporting.
•	Revising assistance agreement terms and conditions to clarify "early
replacement."
•	Initiating yearly project officer and grantee training.
•	Creating a technical guidance document emphasizing important points
related to DERA-specific grants management and emission reduction
technologies.
•	Continuing to conduct baseline and advanced monitoring on the DERA
program.
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Appendix A
Distribution
Office of the Administrator
Assistant Administrator for Air and Radiation
Assistant Administrator for Administration and Resources Management
Agency Follow-Up Official (the CFO)
Agency Follow-Up Coordinator
General Counsel
Associate Administrator for Congressional and Intergovernmental Relations
Associate Administrator for External Affairs and Environmental Education
Deputy Assistant Administrator for Air and Radiation
Principal Deputy Assistant Administrator for Administration and Resources Management
Director, Grants and Interagency Agreements Management Division, Office of Administration
and Resources Management
Director, Office of Transportation and Air Quality, Office of Air and Radiation
Director, Office of Policy and Resource Management, Office of Administration and
Resources Management
Deputy Director, Office of Policy and Resource Management, Office of Administration and
Resources Management
Audit Follow-Up Coordinator, Office of Air and Radiation
Audit Follow-Up Coordinator, Office of Administration and Resources Management
Audit Follow-Up Coordinator, Office of Grants and Debarment, Office of Administration and
Resources Management
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