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U.S. ENVIRONMENTAL PROTECTION AGENCY
OFFICE OF INSPECTOR GENERAL
EPA Has Made Progress in
Assessing Historical
Lead Smelter Sites But Needs
to Strengthen Procedures
Report No. 14-P-0302
June 17, 2014
Scan this mobile
code to learn more
about the EPA OIG.

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Report Contributors:	Tina Lovingood
Jill Trynosky
Jenny Drzewiecki
Jim Kohler
Kate Robinson
Abbreviations
CERCLA	Comprehensive Environmental Response, Compensation, and Liability Act
CERCLIS	Comprehensive Environmental Response, Compensation, and Liability
Information System
EPA	U.S. Environmental Protection Agency
FOIA	Freedom of Information Act
NPL	National Priorities List
OIG	Office of Inspector General
OSRTI	Office of Superfund Remediation and Technology Innovation
OSWER	Office of Solid Waste and Emergency Response
PA	Preliminary assessment
ppm	parts per million
SEMS	Superfund Enterprise Management System
SI	Site inspection
Cover photo: EPA removal action at the former Loewenthal Metals Corp. lead smelter in
Chicago, Illinois. (EPA photo)
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Mailcode 241OT
Washington, DC 20460

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U.S. Environmental Protection Agency
Office of Inspector General
At a Glance
14-P-0302
June 17,2014
Why We Did This Review
We conducted this review to
determine how the U.S.
Environmental Protection
Agency (EPA) has addressed
the sites in its August 2012
Lead Smelter Strategy. The
2012 Strategy focuses on 464
historical lead smelter sites
identified in 2001, also known
as "Eckel sites." We also
examined the actions the EPA
has taken to inform
communities near the Eckel
sites of potential lead
contamination.
The Eckel sites are located
across the country primarily in
urban areas. The EPA's
Superfund site assessment
process, used to assess sites
like the Eckel sites, was
designed to evaluate potential
hazardous waste sites that may
pose a threat to human health
and the environment and to
determine if a site may warrant
cleanup attention. The EPA
developed its 2012 Lead
Smelter Strategy to ensure that
all Eckel sites would be
assessed.
This report addresses the
following EPA goal or
cross-agency strategy:
• Cleaning up communities
and advancing sustainable
development.
For further information,
contact our public affairs office
at (202) 566-2391.
The full report is at:
www.epa.aov/oia/reports/2014/
20140617-14-P-0302.pdf
EPA Has Made Progress in Assessing
Historical Lead Smelter Sites But Needs to
Strengthen Procedures
What We Found
Improvements in guidance and
procedures for managing
contaminated sites could result
in more efficient and effective
use of limited resources and
result in public health and
economic benefits.
It took the EPA more than 12 years to
complete the preliminary site assessment
work at the 464 Eckel sites. According to the
Office of Solid Waste and Emergency
Response, when the EPA learned of the
Eckel sites in 2001, it distributed the list to
regional offices for informational purposes
only. Because the Eckel sites were not
submitted to the EPA through the public petition process, there were no
acceptance criteria or time limits for screening and assessment of the sites. The
EPA's ability to work on the Eckel sites was also impacted by an existing backlog
of over 2,200 potentially contaminated sites. As a result, the EPA's regional
efforts to assess the Eckel sites were inconsistent. The overall absence of a
process for the Eckel sites and other non-petitioned sites, as well as a lack of
initial direction from the EPA, led to the inefficient use of agency resources.
In addition, we found that the EPA lacked sufficient tracking, transparency and
guidance on technical aspects of addressing the Eckel sites. Further, the EPA did
not effectively convey to the public the details concerning its lengthy efforts and
the challenges it faced in addressing the Eckel sites. Although the EPA has made
progress in addressing the Eckel sites, the EPA's breakdown in applying
standard, transparent criteria and guidance for assessing the sites resulted in
inefficiencies in the site assessment process and impacted the EPA's credibility
regarding its management of the Eckel sites. Specifically, improvements in
guidance and procedures for managing contaminated sites could result in more
efficient and effective use of limited resources, as well as have public health and
economic benefits.
Recommendations and Corrective Actions
We recommend that the EPA establish a clear process for handling potentially
contaminated sites not referred to the EPA by a public petition, and that the EPA
re-evaluate guidance to ensure that regions are able to efficiently spend
resources addressing the highest priority sites. To increase transparency and
public awareness of the EPA's efforts, we recommend the publication of the
EPA's 2012 strategy document and any subsequent findings. The EPA agreed
with our recommendations and provided acceptable corrective actions. The
recommendations are resolved with corrective actions underway.

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Q
#	z	UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
" S	WASHINGTON, D.C. 20460
\ VK# ¦*
PRO**4,
THE INSPECTOR GENERAL
June 17,2014
MEMORANDUM
SUBJECT: EPA Has Made Progress in Assessing Historical Lead Smelter Sites
But Needs to Strengthen Procedures
Report No. 14-P-0302
FROM: Arthur A. Elkins Jr.
TO:	Mathy Stanislaus, Assistant Administrator
Office of Solid Waste and Emergency Response
This is our report on the subject evaluation conducted by the Office of Inspector General (OIG) of the
U.S. Environmental Protection Agency (EPA). This report contains findings that describe the problems
the OIG has identified and corrective actions the OIG recommends. This report represents the opinion of
the OIG and does not necessarily represent the final EPA position. Final determinations on matters in
this report will be made by EPA managers in accordance with established audit resolution procedures.
The EPA office having primary responsibility for implementing the audit recommendations in this report
is the Office of Superfund Remediation and Technology Innovation located in the Office of Solid Waste
and Emergency Response.
Action Required
In accordance with EPA Manual 2750, your offices provided acceptable and complete corrective actions
or planned corrective actions in response to OIG recommendations. All recommendations are resolved
and no final response to this report is required. We will post this report to our website at
http://www.epa.gov/oig.
Should you have any questions, please contact Carolyn Copper, Assistant Inspector General for Program
Evaluation, at (202) 566-0829 or copper.carolyn@epa.gov; or Tina Lovingood, Director, Land Cleanup
and Waste Management Evaluations, at (202) 566-2906 or lovingood.tina@epa.gov.

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EPA Has Made Progress in Assessing Historical
Lead Smelter Sites But Needs to Strengthen Procedures
14-P-0302
Table of C
Chapters
1	Introduction		1
Purpose		1
Background		1
Scope and Methodology		5
2	Site Assessment Process, Guidance Does Not Fully Address
Some Issues Encountered at Eckel Sites		7
EPA Does Not Have Criteria or a Time Limit for Reviewing and
Assessing All Potentially Contaminated Sites		7
Internal EPA Strategy Created to Address Eckel Sites		9
Existing Backlog, Resources Impacted Earlier Attempts to
Address Eckel Sites		11
Delay in Addressing Contamination Can Reduce
Projected Economic Benefits to Society		12
OIG Review of Selected Eckel Site Documents Identified a Site
Needing Further Assessment		13
Additional Challenges Faced by EPA in Implementing 2012 Strategy		13
EPA Did Not Fully Communicate or Publicize Overall Strategy Efforts		15
Conclusions		16
Recommendations		17
Agency Response to Draft Report and OIG Evaluation		18
Status of Recommendations and Potential Monetary Benefits		20
Appendices
A Agency Response to Draft Report	 21
B Distribution	 27

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Chapter 1
Introduction
Purpose
The U.S. Environmental Protection Agency (EPA) Office of Inspector General
(OIG) evaluated the EPA's response to contamination by historical lead smelters.
Specifically, we focused our review on sites included in the EPA's 2012 "Strategy
for Addressing 464 Lead Smelter Sites." We addressed the following questions:
•	What has the EPA done to address the sites in its August 2012
Lead Smelter Strategy?
•	What actions has the EPA taken to inform communities of the potential
lead contamination in order to reduce the potential of exposure to lead?
Background
In April 2001, the American Journal of Public Health published "Discovering
Unrecognized Lead Smelting Sites by Historical Methods."1 This study, also
known as the Eckel study, claimed that 464 former lead smelter sites2 were
unknown to federal and state authorities. The study also stated that sampling
results taken from 10 sites indicated that nine of the sites may pose a threat to
public health.
In April 2012, I ISA Today reported that the EPA had known about the issue of
residential contamination caused by these smelters since 2001, yet claimed the
EPA had not acted to address the contamination and left many neighborhoods
exposed to health risks. In May 2012, a group of U.S. Senators called on the EPA
to take immediate action to review unassessed sites to determine priority locations
for remediation, such as those near schools or playgrounds. In August 2012, the
EPA created a document outlining its strategy for addressing these former smelter
sites.
The EPA developed the 2012 Strategy to ensure successful completion of any
remaining Superfund site assessment work at the 464 historical smelter sites. In
the strategy, the EPA stated it would consider prioritization of assessments and, as
necessary, cleanups for sites under certain circumstances, including sites near
where children may gather, sites with potential environmental justice issues, and
1	Eckel, W., Rabinowitz, M„ and Foster, G., 2001, Discovering Unrecognized Lead-Smelting Sites by Historical
Methods* American Journal of Public Health, v.91 (4): 625-627.
2	The list of smelter sites is informally referred to as the "Eckel list" or "Eckel sites" after William Eckel, who was
the primary author of the 2001 journal article identifying these sites. The smelter list in the Eckel study identified
approximately 430 sites and the number of sites was later updated to include 464.
14-P-0302
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sites with sample results indicating contamination above risk-based screening
levels and background.
Secondary Lead Smelting
The Eckel study used historical sources to identify sites in the United States
where secondary lead smelting was done from 1931 to 1964. Historical sources
included the Standard Metal Directory and Year Book of the American Bureau of
Metal Statistics. Secondary lead smelters produce elemental lead and lead alloys
from lead-bearing scrap material. The smelters were often small operations
located in urban areas close to the source of scrap, such as automobiles.
Secondary lead smelting includes three major operations: scrap pretreatment,
smelting and refining. Scrap pretreatment is the partial removal of metal and
nonmetal contaminants from lead-bearing scrap and residue. Smelting produces
lead by melting and separating the lead from metal and nonmetallic contaminants
and by reducing oxides to elemental lead. The crude lead is then refined in
furnaces.
Health Risks from Lead
The smelter pollution at the sites targeted for review in the EPA's August 2012
"Strategy for Addressing 464 Lead Smelter Sites" is lead and possibly other
heavy metals that contributed to environmental contamination in soil or dust.
According to the EPA, lead is a naturally occurring element that can be harmful to
humans when ingested or inhaled, particularly children under the age of six. Lead
poisoning can cause a number of adverse human health effects, but is particularly
detrimental to the neurological development of children. The EPA classifies lead
as a probable human carcinogen and a cumulative toxicant. A 2007 Agency for
Toxic Substances and Disease Registry lead fact sheet states that exposure to high
lead levels can severely damage the brain and kidneys in adults or children and
ultimately cause death. According to the Agency for Toxic Substances and
Disease Registry, the effects of lead are the same whether it enters the body
through breathing or swallowing. Lead can affect almost every organ and system
in the body.
EPA Program to Address Contamination
Under the 1980 Comprehensive Environmental Response, Compensation, and
Liability Act (CERCLA) and related laws, the EPA's Superfund program
identifies, investigates and cleans up America's most contaminated hazardous
waste sites. Superfund cleanup data are stored in the Comprehensive
Environmental Response, Compensation, and Liability Information System
(CERCL1S) database. CERCL1S is the official repository for site- and non-site-
14-P-0302
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specific Superfund data.3 According to the Office of Solid Waste and Emergency
Response (OSWER), CERCLIS contains information on hazardous waste site
assessment and remediation from 1980 to the present.
The Superfund cleanup process has steps to assess sites, place them on a National
Priorities List (NPL), and establish and implement appropriate cleanup plans. This
is a long-term cleanup process. Sites that score at or above an established level
qualify for cleanup under Superfund and are proposed for listing on the NPL, a
list of the most serious sites identified for long-term cleanup and eligible for fund-
financed remedial action.
In addition, under CERCLA, the agency has the authority to:
•	Conduct removal action where immediate action needs to be taken.
•	Enforce against potential responsible parties.
•	Ensure community involvement.
•	Involve states.
•	Ensure long-term protectiveness.
Petition Process for the Public to Notify EPA of Potential
Contamination
The Superfund site assessment process begins with site discovery or notification to
the EPA of possible releases4 of hazardous substances. The EPA may be notified of
a potentially contaminated site through various mechanisms, including receipt of a
public petition; referrals from other EPA programs; and referrals or notifications
from states, tribes and other federal agencies. The process for the public to notify
the EPA of suspected releases—including lead-contaminated sites—is the petition
process, created via CERCLA Section 105(d). EPA requires these petitions to meet
certain criteria and contain specific information about the possible release or
releases. Within 12 months of receipt, the EPA is expected to review the public
referral or petition, approve or return the petition, and conduct a preliminary
assessment if the petition is approved. EPA headquarters estimates that about 10 to
20 sites of the approximately 200 new sites brought to the EPA's attention each
year are based on petitions. For potentially contaminated sites brought to the
agency's attention through means other than the petition process, there is currently
no acceptance criteria or timeframe for conducting a pre-CERCLIS screening
assessment.
3	According to an EPA website, the Superfund program is in the process of deploying a new information system—
the Superfund Enterprise Management System (SEMS)—which is replacing CERCLIS. SEMS will include the same
data and content as CERCLIS.
4	EPA preliminary assessment guidance defines the term "release" to include any means by which a substance could
be exposed to the environment, such as spilling, leaking, discharging, dumping, injecting and escaping.
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EPA Process to Assess Sites With Potential Contamination
The Superfund site assessment process includes multiple phases. Community
involvement can occur at any point in the process. The first phase—the process of
reviewing data on a potential site to determine whether it should be entered into the
CERCLIS active site inventory for further evaluation—is referred to as
pre-CERLIS screening. Some examples of why a site would not receive further
evaluation for an EPA cleanup action include:
•	It is currently in CERCLIS or has been removed from CERCLIS and no
new data warrants re-entry into CERCLIS.
•	The site and some contaminants found on the site are subject to certain
limitations based on CERCLA definitions.
•	A state or tribal remediation program is involved in response at the site
and it is in the process of a final cleanup.
•	The hazardous substance release at the site is regulated under a statutory
exclusion (e.g., petroleum, natural gas).
•	The hazardous substance release at the site is deferred to another authority.
•	Site data are insufficient (i.e., based on potentially unreliable sources or
with no information to support the presence of hazardous substances or
CERCLA-eligible pollutants or contaminants).
•	Documentation clearly demonstrates that there is no potential for a release
that could cause adverse environmental or human health impacts.
As demonstrated in the site assessment flow chart in figure 1, if a site moves past
the pre-CERCLlS screening, the next phase is the preliminary assessment (PA).
The PA involves gathering ownership history and other available information
about site conditions to evaluate whether the site poses a threat to human health
and the environment and/or further investigation is needed. The site inspection
(SI) tests air, water and soil at the site to determine what hazardous substances are
present. The SI looks at the substances present and determines whether they are
migrating to the environment and are a threat to human health. Information
collected in the PA/SI phase helps the EPA evaluate the risks posed by the site
using its Hazard Ranking System.
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Figure 1
S/te Assessments
Hazard
Ranking
System
Score
Site
Inspection
(SI)
National
Priorities
List(NPL)
Listing
Preliminary
Assessment
(PA)
Pre-CERCLIS
Screening
(PCS)
Removal and Enforcement Action May Occur at
Any Stage if Conditions Warrant
No Further Response Action Planned (NFRAP) if no score
If scores: Other Cleanup Authority
Source: EPA.
Responsible Office
OSWER's Office of Superfund Remediation and Technology Innovation (OSRTI)
is the EPA headquarter office primarily responsible for the Eckel sites.
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 conducted our work from
July 2013 to March 2014.
We interviewed OSWER staff—including staff in OSRTI—as well as staff in EPA
Regions 2, 3 and 5. These three EPA regions were selected because they had the
highest number of Eckel sites. We also interviewed staff from outside the EPA,
including the Agency for Toxic Substances and Disease Registry, the Illinois
Environmental Protection Agency, and the Pennsylvania Department of Health.
Field visits were also conducted at multiple smelter sites in Regions 3 and 5.
In addition to the EPA's August 2012 "Strategy for Addressing 464 Lead Smelter
Sites," we reviewed EPA programs, regulations and guidance documents related
to the discovery and assessment of Superfund sites. Those documents included
relevant sections of CERCLA, the National Contingency Plan, the December
2012 Superfund Implementation Manual, OSRTI website guidance, the October
2002 Preliminary Assessment Petition Guidance, the Superfund Community
14-P-0302
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Involvement Handbook and the Superfund Lead-Contaminated Residential Sites
Handbook.
We reviewed the available documentation for a sample of 42 historical smelter
sites from the Eckel list. We identified 22 of these sites from counties with the
highest number of Eckel smelter sites and counties in states with the highest
number of children with elevated blood lead levels.5 Random selection was used
to select the other 20 sites (two sites from each of the 10 EPA regions).
Documentation was compared with the data available in CERCLIS and was also
reviewed for completeness and whether it supported the assessment decision.
The scope of our review included actions the EPA took to assess contamination at
the Eckel sites before, during and after the development of the 2012 Strategy. We
also estimated the total cost to conduct assessment work at the Eckel sites based
on the average national historical cost data provided by OSRTI. Additionally, we
monetized the human health benefits of reducing lead exposure from the smelter
sites and other sources.
5 Information is based on U.S. Center for Disease Control data from 2009.
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Chapter 2
Site Assessment Process, Guidance Does Not Fully
Address Some Issues Encountered at Eckel Sites
It took the EPA more than 12 years to complete preliminary site assessment work
at the Eckel sites. This occurred because there was a lack of EPA criteria for
determining whether to accept or reject a non-petitioned site, an absence of target
completion dates for assessing potentially contaminated sites, an existing backlog
of other sites needing assessment work, and limitations in guidance on how to
address urban lead contamination. Further, while the EPA stated it communicated
with the public on a site-by-site basis where it determined a need, it did not
publicize its August 2012 Lead Smelter Strategy. Communicating the 2012
Strategy publicly and sharing results of its implementation could better serve
communities and other stakeholders who may have questions about sites near
them. The development of the 2012 Strategy appeared to be driven by Freedom of
Information Act (FOIA) requests, congressional interest and media coverage.
Improvements in guidance and procedures for managing potentially contaminated
sites could result in more efficient and effective use of limited resources as well as
public health and economic benefits.
EPA Does Not Have Criteria or a Time Limit for Reviewing and
Assessing All Potentially Contaminated Sites
A scientific journal listed the Eckel sites. The site list was not brought to the EPA
as a petition, nor did the EPA consider it a petition. For the list to be considered a
petition, it would need to meet the criteria identified in table 1. Since the Eckel list
was not a CERCLA 105(d) petition, the EPA was not bound by the statutory6
12-month review period. According to EPA guidance, if it receives and acts on
petitions that are general, unclear or do not have enough information, or are without
clear impact to the petitioner, valuable time and resources are taken away from
more serious problems. The EPA further states in its guidance that petitions without
the required information will be returned to the petitioner.
The EPA processed the sites on the Eckel list as it would any site that enters the site
assessment process under CERCLA. No criteria exists for determining whether the
EPA should accept or decline to pursue pre-CERCLIS screening work at non-
petition sites. Further, if additional work is conducted, no EPA requirements or
guidance exist for identifying a reasonable timeframe for conducting pre-CERCLIS
screenings or setting target dates for future site assessments at non-petitioned sites.
6 When the EPA is alerted to potentially contaminated sites by a public petition submitted under CERCLA 105(d),
the EPA has a 12-month timeframe to review and assess the site or explain why the assessment is not appropriate.
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Table 1. EPA's criteria for accepting petition under CERCLA compared to Eckel list
Criteria for petition
Attributes of 464 Eckel list sites
Contains the full name, address,
telephone number and signature of the
person submitting the petition.
List not submitted by the journal author as
a petition to the EPA; therefore, no
submitter contact information or signature
included.
Includes a description of how the
petitioner is, or may be, affected by the
actual/potential release. Concerns a
release that affects the petitioner.
List did not include description of how the
journal author was, or could be, affected by
the actual/potential release at each site.
Contains the location of the actual/
potential release.
Location of the actual/potential release was
insufficient for 78 sites.
Source: OIG analysis of EPA 9200.5-330FS guidance document and the EPA's 2007 Headquarters
Lead Smelter Site Project Report.
Using the EPA's criteria above, had the Eckel list been submitted as a petition, it
should have been returned. The Eckel list did not contain enough information
about all of the 464 sites to allow the EPA to take action without expending
additional resources. As an alternative to returning the entire list, the EPA could
have made the determination to reject or not pursue additional work at the sites on
the list with missing information. Instead, according to OSWER, the Eckel list
was distributed to regional offices in 2001 for informational purposes only.
No direction was provided on whether and when the sites should be reviewed.
According to OSRTI staff, no assessment requirements were established because
of the limited site information in the Eckel list. As a result, some regional offices
pursued work on the Eckel list sites while some did not.
From 2001 to 2012, EPA regions assessed between two and 38 Eckel list sites per
year. According to a January 2007 internal EPA document, OSRTI implemented a
site identification project from January 2005 to November 2006 focused on
identification of any unreported sites posing high human health risks. The OSRTI
project concentrated on a sample of 31 Eckel sites. The project concluded that
OSRTI's role should be limited to managing the refinement and regional
distribution of any large volume site listings submitted to the EPA for potential
federal Superfund attention; EPA regions can then incorporate and prioritize these
sites as appropriate within existing site assessment workloads.
Once the untracked Eckel sites became part of the EPA's workload, the EPA used
pre-CERCLIS screening forms at most of the remaining sites to determine whether
further site assessment work was needed. The completion of pre-CERCLIS
screening forms for even the ineligible Eckel sites took time because the EPA had
incomplete information for some sites.7 EPA staff we spoke with told us that in
some cases they spent more time reviewing historical documents to find site
locations and boundaries than is usual for a pre-CERCLIS screening. Some sites
7 Pre-CERCLIS checklist information not readily available or incomplete for some Eckel sites included site location
and information on the release at the site. Sites that do not meet the pre-CERCLIS screening form criteria may be
ineligible under CERCLA, which means they do not qualify for further assessment.
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had been paved over for many years or contained large office buildings where no
public exposure route was present. For example, according to the EPA, the Wrigley
Building in Chicago, Illinois, is at an Eckel site. The EPA stated in a January 2007
internal report that, given the age of the Wrigley Building, it is probable that the
offices, not the smelter for the Michigan Smelting and Refining Company, were
located at the site and the site does not appear to pose a risk to humans.
Internal EPA Strategy Created to Address Eckel Sites
In July 2012, the EPA developed a CERCLIS tracking report to monitor progress
at the Eckel sites. The EPA created the Lead Smelter Strategy in August 2012 to
ensure successful completion of the remaining Superfund site assessment work at
the 464 smelters. The 2012 Strategy purpose also stated it was necessary to
determine the extent to which new information recently made available to the
EPA could affect planned, ongoing and completed assessments and identify
smelters that may pose a health threat requiring further assessment and, as
necessary, cleanup.
In addition, OSRTI staff told us the 2012 Strategy was created to establish a
framework for completing and documenting the EPA's work on the Eckel sites in
the midst of continuing FOIA and media requests, congressional interest and
awareness of new sampling data. According to OSRTI staff, in late 2010, the EPA
began receiving multiple FOIA requests, many from the news media, for
information about the current status of the Eckel sites. One region we interviewed
estimated that it received 13 FOIA requests. In addition to information requests,
USA Today conducted sampling at some Eckel sites. Although the EPA was
unable to review the sampling details, USA Today's test results identified high
levels of lead in the soil, sparking concern and prompting the EPA to reassess
some sites.
The EPA did not have a cost estimate for the 2012 strategy, nor did it track the
personnel costs associated with implementing it. In the last few years of its work
on the Eckel list sites, we estimate the EPA spent a substantially larger portion of
money on site assessment work. As of 2013 the Eckel site assessment cost was
estimated to be $14.7 million,8 while since 2012 we estimate the EPA spent
$9.2 million9 or more on the Eckel site assessments. The EPA staff we spoke with
in three regions said that the 2012 Strategy involved a more extensive process,
and site assessments were more resource intensive compared to other sites
brought to the EPA for review.
8	Estimates are based only on the average cost to complete assessment activities (considering contractor and EPA
costs). The site status covers all Eckel site assessment work conducted by the EPA through November 2013.
9	The estimate is based on data from February 2012 to November 2013. OSWER's CERCLIS tracking report for the
Eckel smelter sites provides February 2012 as a baseline starting point for the 2012 Strategy.
14-P-0302
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2012 Strategy Resulted in Completion of All Site Screenings
The 2012 Strategy stated that the EPA would consider prioritizing Eckel sites for
assessment and, as necessary, cleanup. Circumstances the EPA would consider in
its prioritization efforts included:
•	Sites where sampling results indicate the presence of lead or other heavy
metals attributable to past smelter operations and above risk-based
screening levels and background.
•	Sites located near where children may gather or be active (e.g., residential
areas, day care centers and schools).
•	Sites where population density is high (e.g., population within a
quarter-mile of the listed address).
•	Sites with potential environmental justice issues.
We found that these factors and the prioritization effort had a limited impact on
the completion of site assessments. For over 216 of the 464 sites, EPA regions
had already conducted site assessments before the 2012 Strategy was
implemented. Because the regions were planning to assess all remaining sites
within a 14-month timeframe, one region we spoke with told us the order in
which the sites were assessed was influenced by other factors, including
proximity to EPA and state offices. The EPA's estimated timeline for smelter-
related activities in the 2012 Strategy included the completion, to the maximum
extent practicable, of preliminary assessments for all 464 sites by October 31,
2013. Pre-CERCLIS screenings and/or preliminary assessments were completed
by the end of November 2013 for all Eckel sites.
J d-J ^ ~
a yj $ 13 3
a m 'as a

Example of EPA removal action at former Loewenthal Metals Corp.
lead smelter—an Eckel site in Chicago, Illinois. (EPA OIG photo)
Figure 2 on the following page shows the rate at which site assessments for the
Eckel list sites were completed and entered into CERCLIS as of November 2013.
The number of assessments rose sharply in 2012. We attribute this to
implementation of the 2012 Strategy. Figure 2 shows that 50 percent of all Eckel
14-P-0302
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sites were assessed in just the last 2 years. The figure only includes those sites for
which a site assessment has been completed. Of the 464 Eckel list sites, figure 2
includes 440 of the sites. For the remaining 24 sites not shown, 19 were duplicates
and further assessment is still needed at five sites.
Figure 2: History of Eckel sites marked "assessment complete" in CERCLIS,
November 2013
200
1S3
163
Year
Source: OIG analysis of 2013 EPA CERCLIS data using non-NPL date or proposed
NPL date assigned. The (*) next to 2012 highlights the year in which the EPA's Strategy
was developed.
As of November 2013, the EPA had determined that of the 464 Eckel list sites,
approximately 290 sites (over 60 percent of the total sites) were determined to be
invalid and therefore did not qualify for further assessment under CERCLA. In
contrast, 50 of the 464 sites qualified for potential cleanup actions due to human
health and environmental risks, according to OSWER's tracking reports. Of those
50 sites, 32 were referred to the removal program, seven were proposed to be
placed on or were placed on the final NPL, one is listed as part of an NPL site,
three were deferred to the Resource Conservation and Recovery Act program,
six were being cleaned up by states or private parties, and one has not yet had the
cleanup program determined. Five of the seven sites that were proposed to be
placed on or were placed on the NPL were proposed to the NPL prior to 2001.
Existing Backlog, Resources Impacted Earlier Attempts to Address
Eckel Sites
The EPA had a site assessment backlog of about 5,100 sites in the active site
inventory in 2001. According to OSWER, this backlog currently stands at about
2,200 sites. The backlog consists of sites that have completed pre-CERCLIS
screening and are subsequently added to the active site inventory. It does not
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include sites that the EPA has determined require an initial pre-CERCLIS
screening because EPA headquarters does not formally track this category. While
some Eckel sites were on the assessment backlog because they had already been
screened and found to be CERCLA eligible, others remained on the untracked,
screening backlog. We found that the volume of these sites and the existing
assessment backlog, as well as a lack of information on many, caused some
regions to put a lower priority on the Eckel sites relative to their existing
workload.
During the implementation of the 2012 Strategy, the EPA identified certain
factors that could be used to prioritize assessment of the Eckel sites, as noted
earlier. However, some regional site assessment managers had difficulty applying
these factors and comparing these sites to those already in the backlog before
initial screening. Once screening is completed and more site-specific information
is gathered, the EPA could then use site-specific factors to assign each site a
qualifier (e.g., "high priority" and "low priority"). These qualifiers are already
defined and available within the CERCLIS program. The EPA could better use
these qualifiers to determine whether time is being spent addressing sites that are
of the highest priority, and to communicate to outside stakeholders the basis for
determining the agency's priorities and timeline for site assessment. The delay in
addressing Eckel sites may be justified if the risk from other sites in the backlog
was greater than the risk posed by the Eckel sites, but the EPA did not formally
conduct such an analysis.
Delay in Addressing Contamination Can Reduce Projected Economic
Benefits to Society
The delay in addressing lead contamination is not insignificant. For the Eckel list
sites, 50 were referred to cleanup programs because they had the potential to
impact public health. While protecting human health is the EPA's primary
mission, resources spent to remove and remediate lead contamination can also
result in projected economic benefits to society. According to a 2011 study,10
lead poisoning for children in the United States cost $50.9 billion (in 2008
U.S. dollars) in lost economic productivity resulting from reduced cognitive
potential from preventable childhood lead exposure and an additional $5.9 million
in medical care costs. A 2009 study11 suggests that each IQ point loss represents a
loss of $17,815 in discounted value of lifetime earnings (in 2006 U.S. dollars).
Another study from 200212 estimated an economic gain of $2,350 to $5,500 in
increased lifetime earnings per child for each microgram per deciliter blood lead
10	Trasande L., and Liu Y. (2011) "Reducing the Staggering Costs of Environmental Disease in Children, Estimated
at $76.6 Billion in 2008." Health Affairs, Volume 30, No. 5:863-870.
11	Gould, E. (2009) "Childhood Lead Poisoning: Conservative Estimates of the Social and Economic Benefits of
Lead Hazard Control." Environmental Health Perspectives, Volume 117:1162-1167.
12	Grosse S., Matte T., Schwartz J., Jackson R. (2002) "Economic Gains Resulting from the Reduction in Children's
Exposure to Lead in the United States." Environmental Health Perspectives. Volume 110, No. 6:563-569.
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reduction (in 2000 U.S. dollars). Furthermore, a 2013 study13 estimated the
benefits from cleanup under the Superfund program and found that, by analyzing
census tract-level data within a 3-mile radius, the median home values increase by
20.8 percent after cleanup. Backlogs in site assessment activities can delay
cleanup actions that lead to these economic benefits.
OIG Review of Selected Eckel Site Documents Identified a Site
Needing Further Assessment
In addition to our review of EPA activities related to the Eckel sites, we
conducted a review of the site-specific documentation for a sample of 42 Eckel
sites across all 10 EPA regions. Our goal was to confirm that EPA actions at these
Eckel sites were currently supported by documentation. We found the EPA was
initially missing documentation for one of the 42 sites. Subsequent pre-CERCLIS
screening activities showed that additional assessment to ensure protection of the
nearby residents and community was needed. Assessment activities, including
sampling, were necessary because of the site's location in a residential area in
close proximity to a school. The assessment activities will also include
community outreach and reporting.
Additional Challenges Faced by EPA in Implementing 2012 Strategy
The EPA had additional challenges in using the CERCLA statutory framework to
efficiently implement the 2012 Strategy. These include:
•	Delineating and cleaning up sites, including those in and around urban
areas where the background levels of lead are high.
•	Linking the source of lead contamination to the historical former lead
smelters.
•	Determining potential impact on communities when data on health
impacts, including blood lead level data, are unavailable.
According to EPA guidance, CERCLA response actions are undertaken to address
a release or threat of release of a hazardous substance such as lead into the
environment. In certain cases, such as the secondary former lead smelters on the
Eckel list, it may be appropriate to use CERCLA authorities to conduct sampling
and site characterization activities to determine the source of the lead
contamination and to differentiate between various site-related sources. However,
one region that we visited stated that it found overarching difficulties in tracking
and managing lead issues. The regional contacts we spoke with questioned
whether CERCLA was the appropriate statute to address areas with lead
contamination since it does not specifically address cleanup in circumstances
when the background levels of contamination are equal to or higher than the site
13 Gamper-Rabindran S., and Timmins C. (2013) "Does cleanup of hazardous waste sites raise housing values?
Evidence of spatially localized benefits." Journal of Environmental Economics and Management. Volume 65,
Issue 3, Pages 345-360.
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under review. Both regions we visited and OSRTI managers stated that it is
difficult to identify the various sources of lead in urban environments.
Under the Toxic Substances Control Act, Section 403, the EPA defines a soil lead
hazard as bare soil on residential property, or on property of a child-occupied
facility, that contains concentrations of lead equal to or exceeding 400 parts per
million (ppm) in the play area or an average of 1,200 ppm in the rest of the yard.
The Superfund program uses a 400 ppm screening level for residential
properties.14 In addition to the soil lead concentration, the potential for a health
concern is related to several other factors, including the age of the person exposed
as well as the level and duration of exposure.
The EPA conducted sampling at some of the sites we reviewed and identified lead
levels in excess of 1,500 ppm both at the site and in surrounding areas.
Background15 levels of lead in urban areas can be high. Generally, the CERCLA
program does not clean up sites to concentrations below natural or anthropogenic
background levels. It is therefore difficult for regions to delineate sites and clean
up contaminated property in many urban environments. Nonetheless, the
contamination still exists and presents a potential risk to public health. For these
cases, engineering controls (such as creating reliable barriers to mitigate the risk
of lead exposure) as well as non-engineering controls (such as education and
health intervention programs) can be appropriate response actions under
CERCLA. However, because such non-engineering controls are not permanent,
these actions may not be preferred remedies.
In addition to the complications of determining where and how to focus cleanup
efforts in highly contaminated environments, EPA assessment managers we spoke
with experienced challenges in linking lead contamination directly to the former
smelter sites. Lead releases in soil can come from multiple sources, including
paint and car exhaust. Lead from historical smelter sites may have degraded over
time. One of the regions we visited conducted a pilot study to identify the source
of lead through speciation.16 However, this method can be time consuming and
costly and, therefore, may not be widely used. Given the potentially broad
statutory authority CERCLA provides to the EPA to conduct a removal and/or
remedial action, the agency should determine whether and where it is necessary to
use limited assessment resources to link contamination to a source.
According to regional interviews, the EPA does not have definitive guidance on
source confirmation or cleanup decisions in areas with high background lead
levels. Generally, there is a lack of blood lead level data available to inform
14	Screening levels are defined as a level of contamination above which there may be enough concern to warrant
site-specific study of risks.
15	For the CERCLA cleanup program, EPA policy defines "background" as constituents or locations that are not
influenced by the releases from a site and are usually described as naturally occurring or anthropogenic.
16	Speciation is a technique used to identify the specific type of lead that can be used to distinguish smelter lead from
other lead sources.
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assessment decisions. Often, data most widely available is at the county level,
which is not detailed enough to link blood lead levels to a source. EPA Region 3
is planning voluntary testing of community members for blood lead levels near a
smelter site to determine whether there are potential health impacts from the site.
Linking soil contamination at historical secondary lead smelter sites to current
public health issues and environmental conditions is further complicated by high
levels of lead in urban environments and the historical nature of the pollution.
Additionally, according to OSWER, health impacts like community-wide blood
level data cannot be incorporated into the current pre-remedial Hazard Ranking
System scoring process.
Based on our regional interviews, review of the CERCLA statute, and existing
guidance, the extent that resources should be expended to link contamination to a
site to then utilize CERCLA funds for cleanup is unclear. In February 2013,
OSRTI developed an internal discussion draft which outlined considerations and
challenges associated with evaluating Eckel list sites for placement on the NPL.
The internal document identified challenges evaluating Eckel sites, including
where there were background levels of contamination and distinguishing between
lead smelter and other sources of pollution in urban areas, but it did not address
all circumstances or constitute formal program guidance. The lack of information
and clear guidance on assessing lead at former smelter sites created uncertainty
for the site assessment managers we spoke with. For sites where the level of
cleanup, source of contamination and potential health impact were uncertain and
guidance was not clear, EPA actions could be inconsistently and inefficiently
applied. This could result in differences in the level of protection and cleanup
from one community to another as well as potential delays in addressing sites that
could impact public health.
EPA Did Not Fully Communicate or Publicize Overall Strategy Efforts
The August 2012 Lead Smelter Strategy outreach and coordination section noted
that EPA headquarters would explore the development of a "boilerplate"
communications strategy to help regions proactively respond to concerns raised
by the public. The EPA considered, but did not develop, any boilerplate
communications for the regions. According to regional staff, there were relatively
few public inquiries received on the sites and, where inquiries were received,
regional staff developed site-specific responses. Regions were in regular
communication with EPA headquarters on progress made assessing the Eckel list
sites. Progress was tracked and reported on a quarterly basis for the number of
sites assessed and monthly conference calls were held. No metrics, milestones or
consistent information on the type of communication used at sites was included in
the quarterly reports or otherwise tracked. As a result, we were unable to
determine the full extent of the EPA's communication and outreach efforts and
any overall impacts on public health and community awareness.
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With the exception of access agreements for sampling, no requirements exist for
communicating with the public during either the PA or SI phase. According to
EPA guidance, the agency does involve the community at sites that garner public
interest and at sites during the PA/SI phases. The regions we visited—Regions 3
and 5—were both involved with community outreach during the PA stage.
Region 3 had prepared a draft outreach document on lead smelters, lead
contamination, exposure and prevention for residents in case of inquiry.
The EPA has not made its August 2012 Lead Smelter Strategy available to the
public on its website. An OSRTI manager explained that it was OSRTI's decision
to use the 2012 Strategy as an internal planning and management tool rather than
to publicize it. Nonetheless, a news organization obtained the document through a
FOIA request in September 2012 and posted it to a public website. EPA took no
subsequent actions to release the strategy document.
The EPA's decision not to publish its strategy for assessing the Eckel list sites
may result in reduced public awareness of its efforts and time spent to address
these sites. The EPA generally did not emphasize in communications with the
public and media that it received minimal details for many of the sites, nor did it
disclose that the Eckel list was not submitted as a petition and was being
addressed through the EPA's cleanup process. In addition, EPA senior officials
were quoted in news articles about the Eckel list, but the agency's actions and
process for addressing the Eckel sites were not included in the article and the EPA
did not follow up with this information on its own website or an EPA press
release.
Conclusions
The EPA's pre-CERCLIS screenings and site assessments for Eckel list sites,
tracked under the 2012 lead strategy, were completed more than 12 years after the
EPA received and distributed the list. The EPA does not have decision criteria or
required timeframes for screening and assessing potentially contaminated sites
that come to its attention outside the petition process. By distributing the Eckel
list to regional offices in 2001 for informational purposes only, the EPA created
an awareness of the sites without a clear expectation for action. Without criteria
and initial direction for assessing these 464 sites, agency resources in some cases
were inconsistently and inefficiently used. The EPA spent time reviewing sites
where the locations and existence of historical smelters were unclear. Moreover, it
initially overlooked some sites that were later found to need clean-up actions.
Establishing a clear process that includes decision criteria for accepting a non-
petitioned site as well as target dates for screening and assessment may improve
the timeliness in which sites are addressed. In addition, the application of criteria
can increase consistency in decisions made across EPA regions.
The EPA has a site assessment backlog of over 2,200 sites. These sites compete
for a limited amount of EPA resources. The EPA currently has no requirement to
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prioritize new sites with existing sites in its backlog. Additional limitations
include some EPA regional uncertainty about the extent that resources should be
spent to link contamination to a source that would then enable the EPA to address
a site under CERCLA. Also, EPA regions lack definitive guidance to prioritize
site assessments in areas with high background levels of lead contamination.
Regions also need instruction on determining actual or potential site-related health
impacts, particularly in areas where data of this type are unavailable or
incomplete. Existing guidance should be re-evaluated to ensure that regions are
able to efficiently spend future resources addressing the highest priority sites.
Better communicating EPA efforts to address the Eckel sites may increase public
awareness of how the EPA is taking steps to mitigate risk to public health.
Improved communication may also help to reduce the resources used to respond
to FOIAs and media inquiries and help to sustain EPA credibility in this area.
Recommendations
We recommend that the Assistant Administrator for Solid Waste and Emergency
Response:
1.	Establish criteria for determining upfront whether to expend resources to
conduct a pre-CERCLIS screening and/or add a non-petitioned site
referred to the EPA Superfund site assessment program to the EPA's
existing workload. Document and communicate decisions made in EPA
records.
2.	Refine the process for tracking non-petitioned sites referred to the EPA
Superfund site assessment program, including:
a.	Definition of a reasonable timeframe that pre-CERCLIS screenings
and site assessments should be conducted. If needed, a discovery
date should be entered as well as target dates for future
assessments.
b.	Establishment of a tracking mechanism for any backlog of
pre-CERCLIS screenings.
c.	Periodic reviews to ensure that sites in the assessment backlog
have appropriate qualifiers that indicate priority level for further
assessment.
3.	Assess existing EPA guidance for addressing lead contamination in soil
within the Superfund site assessment process and obtain input from the
regions to determine whether any updates are needed and revise as
appropriate. Include the following issues in the assessment:
a. Amount of resources, level of effort and methods used to link lead
contamination to a source.
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b.	Cleanup or other actions needed at sites when background
contamination levels are above screening levels, including those in
urban areas.
c.	Determination of actual and/or potential health impact on
communities, including whether a referral to another agency or
program for further review or health-based testing is necessary.
4.	Clearly post the August 2012 lead smelter strategy document on the
EPA's website.
5.	Following completion of the 2012 Strategy, create and post a summary of
the results of the EPA's efforts to address sites included in the strategy
and, as applicable, any findings and recommendations on the EPA's
website.
Agency Response to Draft Report and OIG Evaluation
We received comments on the draft report from the Assistant Administrator for
OSWER (appendix A). In its response, OSWER stated that it uses its limited
Superfund site assessment resources to address a wide variety of sites brought to
its attention by various public and private entities using a "worst sites first"
philosophy to guide the prioritization of site assessment work. OSWER expressed
concern over the description of the EPA's initial response to the Eckel sites and
noted that it distributed the list to its regional offices for informational purposes
only. According to OSWER, it required the regions to assess a small number of
the Eckel sites following a 2007 EPA site identification project. However,
OSWER stated it did not require the addition of any remaining Eckel list sites to
the workload until the 2012 strategy was developed.
We reviewed additional supporting information provided by OSWER in its
response to the draft report. The information did not show that OSWER explicitly
stated that the Eckel list sites were to be viewed for informational purposes only,
nor did the information show that OSWER provided any specific direction to
regional offices regarding the Eckel list. We clarified our portrayal of the EPA's
initial response based on this information. The agency's response also included
some technical comments, which were incorporated into the final report as
appropriate.
The agency agreed with all recommendations and provided a corrective action
plan as well as estimated completion dates. The plan provided steps the agency
would take to address the recommendations, including many actions already in
the planning stages. In a subsequent communication, OSWER confirmed that its
corrective actions for recommendation 2a would include entry of discovery dates,
if needed, and explained that it will use a new project management software
component of SEMS to track this element. In addition, OSWER clarified that it
will include all aspects of recommendation 3 (3 a, 3b and 3 c) in its assessment of
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existing guidance. Based on the proposed corrective actions and subsequent
communication with OSWER, the OIG believes the agency's actions, when
implemented, should address all recommendations.
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Status of Recommendations and
Potential Monetary Benefits
RECOMMENDATIONS
POTENTIAL MONETARY
BENEFITS (In $000s)
Rec. Page
No. No.
Subject
Status1
Planned
Completion
Action Official	Date
17 Establish criteria for determining upfront whether to
expend resources to conduct a pre-CERCLIS
screening and/or add a non-petitioned site referred to
the EPA Superfund site assessment program to the
EPA's existing workload. Document and communicate
decisions made in EPA records
Assistant Administrator
for Solid Waste and
Emergency Response
Claimed
Amount
Ag reed-To
Amount
9/30/14
17 Refine the process for tracking non-petitioned sites
referred to the EPA Superfund site assessment
program, including:
a.	Definition of a reasonable timeframe that
pre-CERCLIS screenings and site assessments
should be conducted. If needed, a discovery date
should be entered as well as target dates for
future assessments.
b.	Establishment of a tracking mechanism for any
backlog of pre-CERCLIS screenings.
c.	Periodic reviews to ensure that sites in the
assessment backlog have appropriate qualifiers
that indicate priority level for further assessment.
17	Assess existing EPA guidance for addressing lead
contamination in soil within the Superfund site-
assessment process and obtain input from the regions
to determine whether any updates are needed and
revise as appropriate. Include the following issues in
the assessment:
a.	Amount of resources, level of effort and methods
used to link lead contamination to a source.
b.	Cleanup or other actions needed at sites when
background contamination levels are above
screening levels, including those in urban areas.
c.	Determination of actual and/or potential health
impact on communities, including whether a
referral to another agency or program for further
review or health-based testing is necessary.
18	Clearly post the August 2012 lead smelter strategy
document on the EPA's website.
18 Following completion of the 2012 Strategy, create and
post a summary of the results of the EPA's efforts to
address sites included in the strategy and, as
applicable, any findings and recommendations on the
EPA's website.
Assistant Administrator
for Solid Waste and
Emergency Response
9/30/14
(for all parts,
a-c)
Assistant Administrator
for Solid Waste and
Emergency Response
9/30/16
(for all parts,
a-c)
Assistant Administrator
for Solid Waste and
Emergency Response
Assistant Administrator
for Solid Waste and
Emergency Response
6/30/14
12/31/15
1 O = Recommendation is open with agreed-to corrective actions pending.
C = Recommendation is closed with all agreed-to actions completed.
U = Recommendation is unresolved with resolution efforts in progress.
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Appendix A
Agency Response to Draft Report
%(. PRO^
' l
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
WASHINGTON, D.C. 20460
MAY I) 1 2014
MEMORANDUM
OFFICE OF
SOLID WASTE AND
EMERGENCY RESPONSE
SUBJECT: Response to Office of Inspector General Draft Report No. OPE-FY13-0023
"EPA Has Made Progres '	T' r TT'storical Lead Smelter Sites but
Needs to Strengthen Pro*	1014
Thank you for the opportunity to respond to the issues and recommendations in the subject audit
report. Following is a summary of the agency's overall position, along with its position on each
of the report recommendations. For those report recommendations with which the agency agrees,
we have provided high-level intended corrective actions and estimated completion dates to the
extent we can. There are no report recommendations with which the agency does not agree. For
your consideration, we have included a Technical Comments Attachment to supplement this
response.
AGENCY'S OVERALL POSITION
•	We concur with all of the OIG's proposed recommendations and, as specified in the
attached chart, have initiated or planned corrective actions.
•	Every year, EPA uses its limited Superfund site assessment resources to address a wide
variety of sites brought to our attention by various public and private entities. EPA
regions work with their state and tribal partners to determine which sites will be
evaluated. Historically, EPA applies the philosophy of "worst sites first" to guide the
prioritization of site assessment work.
FROM: Mathy Stanislaus
Assistant Administrator j
TO:
Arthur A. Elkins, Jr.
Inspector General
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•	We are concerned about statements describing when the 464 Eckel sites were added to
EPA's existing workload since they may imply an expectation to complete this work
dating back to 2001.
•	While EPA became aware of the list of potential sites in 2001, the list generally lacked
sufficient site detail to add them to the workload. EPA distributed the list to its regional
offices for informational purposes only. Our Regional offices did add some of these sites
to the existing workload and conducted assessments based on their research of this list.
EPA's site identification project completed in 2007 focused on those sites from the 2001
list that had not already been added to the existing workload. At that time, OSWER
required the regions to assess a small number of these sites based on certain key criteria.
The results of these assessments concluded that the newly assessed sites from the 2001
list generally did not pose sufficient contamination needing response under the Federal
Superfund program. Thus, no additional requirements were made to add any remaining
sites to the workload. However, in early 2012, EPA learned of new sampling results from
media reports suggesting some of the 464 sites with no planned EPA involvement had
soil lead contamination above health-based benchmarks. That is when EPA decided to
develop the 2012 lead strategy ensuring remaining sites were added to the workload and
assessed as necessary.
AGENCY'S RESPONSE TO REPORT RECOMMENDATIONS
No.
Recommendation
High-Level Intended
Corrective Action(s)
Estimated Completion by
Quarter and FY
1
Establish criteria for
determining upfront
whether to expend
resources to conduct a pre-
CERCLIS screening and/or
add a non-petitioned site
referred to the EPA
Superfund site assessment
program to the EPA's
existing workload.
Document and
communicate decisions
made in EPA records.
OSWER agrees with this
recommendation. OSWER is
currently revising the October
1999 Pre-CERCLIS Screening
Assessments fact sheet as an
action item under the
Superfund Remedial Program
Review Action Plan dated
November 26, 2013. OSWER
expects the revision will
address the components of
this recommendation,
including establishing criteria
for determining whether pre-
screening is warranted,
identifying the point at which
potential sites should be added
to the existing workload, and
describing records
management and
communication requirements.
4th Quarter FY 2014
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2-a
Refine the process for
tracking non-petitioned
sites referred to the EPA
Superfund site assessment
program, including:
a. Definition of a
reasonable timeframe that
pre-CERCLIS screenings
and site assessments
should be conducted. If
needed, a discovery date
should be entered as well
as target dates for future
assessments.
OSWER agrees with this
recommendation.
OSWER's corrective action
applies to sites that pass the
criteria to be developed in
response to Recommendation
#1 (i.e., sites determined by
EPA to need completion of a
pre-screening report).
OSWER plans to define an
average expected timeframe
for performing pre-screenings
in the revised pre-screening
fact sheet and/or EPA's
Superfund Program
Implementation Manual
(SPIM).
In addition, EPA's Superfund
Enterprise Management
System (SEMS) became
operational in December,
2013 and subsumed EPA's
CERCLIS database. SEMS
includes a new project
management software
component that uses default
durations to develop a draft
site project schedule. Default
durations for site assessment
activities have been
programmed into the project
management software thereby
establishing target dates for
future assessments when new
sites are added to the SEMS
active site inventory.
4th Quarter FY 2014
2-b
Establishment of a tracking
mechanism for any
backlog of pre-CERCLIS
screenings.
OSWER agrees with this
recommendation.
OSWER's corrective action
applies to sites that pass the
criteria to be developed in
response to Recommendation
4th Quarter FY 2014
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#1 (i.e., sites determined by
EPA to need completion of a
pre-screening report).
SEMS provides the ability to
add a new site record when a
determination has been made
that pre-screening is
warranted. SEMS users can
add site name and location
data along with planned and
actual start and completion
dates for pre-screening work.
OSWER plans to develop a
computer tracking report
displaying new sites added to
SEMS which need pre-
screening work completed.

2-c
Periodic reviews to ensure
that sites in the assessment
backlog have appropriate
qualifiers that indicate
priority level for further
assessment.
OSWER agrees with this
recommendation. The
Superfund Program
Implementation Manual
(SPIM) describes appropriate
qualifiers that indicate priority
level for further assessment
beginning with the
Preliminary Assessment and a
SEMS data quality report
exists showing missing action
qualifiers. OSWER will add
an instruction to the SPIM
requiring review of the data
quality report on an annual
basis. OSWER will explore
the benefit of adding
qualifiers to pre-screening and
remedial site discovery
activities in SEMS and update
the SPIM as necessary.
4th Quarter FY 2014
3
Assess existing EPA
guidance for addressing
lead contamination in soil
within the Superfund site
assessment process and
obtain input from the
OSWER agrees with this
recommendation. OSWER
plans to work with regional
offices in assessing existing
guidance relating to the
Superfund site assessment
Guidance Assessment:
2nd Quarter FY 2015
Revised Guidance (if
necessary):
4th Quarter FY 2016
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regions to determine
whether any updates are
needed and revise as
appropriate. Include the
following issues in the
assessment:
a.	Amount of resources,
level of effort and methods
used to link lead
contamination to a source.
b.	Cleanup or other actions
needed at sites when
background contamination
levels are above screening
levels, including those in
urban areas.
c.	Determination of actual
and/or potential health
impact on communities,
including whether a
referral to another agency
or program for further
review or health-based
testing is necessary.
process to determine if
updates are warranted with
respect to addressing lead
contamination in soil.
OSWER's assessment will
include consideration of the
elements described in parts
3 a, 3b, and 3 c of the OIG's
recommendation.
OSWER will revise guidance
or issue new guidance as
necessary based on the
outcome of the guidance
assessment.

4
Clearly post the August
2012 lead smelter strategy
document on the EPA's
website.
OSWER agrees with this
recommendation. OSWER
will post the 2012 lead
smelter strategy on an Agency
web page.
3rd Quarter FY 2014
5
Following completion of
the 2012 Strategy, create
and post a summary of the
results of the EPA's efforts
to address sites included in
the strategy and, as
applicable, any findings
and recommendations on
the EPA's website.
OSWER agrees with this
recommendation. OSWER
plans to develop a summary
of results based on EPA's
implementation of the 2012
lead strategy, including
applicable findings and
recommendations. OSWER
will post the summary on an
Agency web page.
1st Quarter FY 2015
CONTACT INFORMATION
If you have any questions regarding this response, please contact Doug Ammon, Site Assessment
and Remedy Decisions Branch Chief in the Office of Superfund Remediation and Technology
Innovation on (703) 347-8925.
Attachments
14-P-0302
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cc: Barry Breen, OSWER
James Woolford, OSWER/OSRTI
Dana Stalcup, OSWER/OSRTI
Doug Ammon, OSWER/OSRTI
Randy Hippen, OSWER/OSRTI
Tina Lovingood, OIG
Jill Trynosky, OIG
14-P-0302
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Appendix B
Distribution
Office of the Administrator
Assistant Administrator for Solid Waste and Emergency Response
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 Solid Waste and Emergency Response
Director, Office of Superfund Remediation and Technology Innovation,
Office of Solid Waste and Emergency Response
Audit Follow-Up Coordinator, Office of Solid Waste and Emergency Response
14-P-0302
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