Biennial Hazardous Waste Data: Opportunity for Improvement #7100114 EXECUTIVE SUMMARY PURPOSE The purpose of the audit was to evaluate the Environmental Protection Agency's (EPA) process for collecting and reporting on biennial hazardous waste information. Our specific objectives were to determine if the overall process: (1) results in the users obtaining the information needed to make sound regulatory decisions, and (2) provides complete, accurate, and timely information to help manage EPA's hazardous waste program. BACKGROUND Subtitle C of the 1976 Resource Conservation and Recovery Act (RCRA) establishes a program to manage hazardous wastes from "cradle-to-grave" to ensure that they are handled in a manner that protects human health and the environment. RCRA requires EPA to collect information on the generation and disposal of hazardous waste every two years. To meet these requirements, EPA established a process that produces the National Biennial RCRA Hazardous Waste Report (Biennial Report). EPA develops the package of biennial reporting forms and instructions and sends them to the states every two years. After the states receive the forms, they send them to and collect them from the generators, and treatment, storage, and disposal facilities (TSDs), check data quality, and send the information back to EPA regional offices. Most, but not all states also enter the data into EPA's Biennial Reporting System (BRS). The regions accumulate the states' data, further check data quality and then send the results to EPA's Office of Solid Waste (OSW) in the Office of Solid Waste and Emergency Response (OSWER). OSW accumulates the regional data, and does final quality checks, consulting with the regions and states to identify potential errors. According to OSW, states must verify and correct the errors. OSW then develops and publishes the Biennial Report every two years. RESULTS IN BRIEF We found that EPA's overall Biennial Report process can be improved. Specifically, we found that the: — Biennial Report process and the BRS are complex for many users. — Biennial Report changes made by the Agency for 1997 will eliminate the collection of some future hazardous waste data. EPA has taken some steps to ease the reporting burden for entities required to submit data for the 1997 Biennial Report. The Office of Solid Waste created a Biennial Report Project Team to study and recommend ways to improve the program. In addition, OSW is working to improve RCRA information overall through the Waste Information Needs (WIN) initiative. However, our interviews of state and EPA officials, reports by the National Governors Association (NGA) and other organizations and additional analyses and documents identify key issues that need to be considered and improved. ------- We commend the Agency on their efforts, and believe the efforts will help Biennial Reports to present a more accurate picture of hazardous waste in the U.S. PRINCIPAL FINDINGS Our findings are summarized below and discussed in detail in CHAPTERS 2 and 3 of this report. Biennial Report Process and the BRS Need Improvement The overall Biennial Report process reflects the complexity of RCRA and is difficult for generators and TSDs that have to report hazardous waste information. During the audit, we found that the regions and states often view the Biennial Report process and BRS as being a complex and difficult information reporting process. Biennial reporting forms and instructions need to be streamlined. EPA's instruction and forms package for the 1995 Biennial Report is lengthy and complex to fill out according to state officials we interviewed who deal directly with the regulated community. States have devised their own, shorter versions of the package and have adopted other techniques to ease the reporting burden. To help reduce errors and increase reporting accuracy, OSW should revise codes (system type, form and source) or data elements unique to the Biennial Report so they more closely parallel the data categories regularly used by facilities. Potential for data errors increases when facilities have to fill out biennial report forms using some codes that they are not used to dealing with in daily management of their hazardous wastes. This has been a longstanding concern among some state officials. Data Are Not Easily Obtained From BRS The BRS was designed by EPA to meet the statutory requirement of reporting every two years on the amount and types of hazardous waste generated in this country. OSW officials told us they provide the user community with the ability to request enhancements to make BRS data more "obtainable." We found many users have raised concerns about obtaining useable data from BRS. One of the main concerns is that the BRS programming language, FOCUS, is a difficult language to learn and to use. We were told that only a few people have the requisite expertise with FOCUS to program necessary reports from BRS. EPA Needs to Emphasize Electronic Enhancements and Reporting Implementers of the Biennial Report believe that expanded use of electronic technology and reporting is needed. Similar concerns were raised in a recent report by NGA, and by an EPA sponsored study covering implementation of BRS and the Resource Conservation and Recovery Information System (RCRIS). OSW should work to make enhancements better known to the states which would improve their electronic reporting activities in connection with BRS. Planned Changes for 1997 Biennial Report May Not Meet Statutory Requirements A statutory requirement for EPA requires facilities to report efforts undertaken to reduce the volume and toxicity of hazardous wastes generated. EPA and state regulatory agencies have used Biennial Report data to measure the efforts of waste minimization. However, waste minimization reporting was removed from the 1997 Biennial Report process. To assure waste minimization is occurring, EPA must be able to accurately assess and measure the progress of waste minimization. EPA has made other 1997 Biennial Report changes that affect the Agencies' ability to characterize and manage the nation's hazardous waste program. EPA is no longer collecting capacity planning data in the Biennial Report ------- process. In addition, the Agency has initiated changes to ensure that wastewater data does not skew Biennial Report information. RECOMMENDATIONS All of our specific recommendations follow the findings in CHAPTERS 2 and 3. In summary, we are recommending that the Assistant Administrator for the Office of Solid Waste and Emergency Response initiate the following actions for the 1999 Biennial Report process, or as soon as possible to: — Streamline and redesign the Biennial Report forms and instructions to make them clearer and easier for generators and TSDs to complete. — Revise the Biennial Report codes (system type, form and source) to avoid the confusion experienced by generators and TSDs. — Educate the states regarding the use of existing electronic enhancements to improve their data collection and reporting activities. — Improve the availability and access for all users by making BRS available at users desktop computers. — Assess the type of data required and specify how the RCRA Section 3002(a) reporting requirement will be met. — Ensure states receive specific information for their waste planning efforts from any future Agency waste capacity reassessments. AGENCY COMMENTS AND OIG EVALUATION In their February 11, 1997 response to our draft report, OSWER officials stated they agree with the recommendations contained in the report. They further state they have planned appropriate actions to implement changes in the biennial reporting process and the BRS according to the recommendations in our report. They said the recommendations that we developed were both meaningful and practical ones that will improve the biennial reporting process and the BRS (see Appendix I for the full response). We believe the Agency's response to our draft report and their willingness to plan and initiate corrective actions based on the findings and recommendations will bring significant improvement and changes to the current situation. We further believe that the biennial reporting process and the BRS will be strengthened, and thus, the corrective actions will result in a better and more usable Biennial Report. Go To: I'able of Contents \iidit Report ------- |