*. U.S. Environmental Protection Agency	08-P-0141
% Office of Inspector General	April 28 2008
St
O
% w At a Glance
Catalyst for Improving the Environment
Why We Did This Review
We conducted this review to
evaluate whether the U.S.
Environmental Protection
Agency (EPA) has resolved
violations to Superfund
enforcement instruments
consistent with its guidance,
practice, and authorities.
Background
The Comprehensive
Environmental Response,
Compensation, and Liability
Act provides EPA with
multiple enforcement
authorities to compel
responsible parties to conduct
and pay for Superfund
cleanups. Under its authority,
EPA can implement
Superfund enforcement
instruments to ensure that
responsible parties address
environmental contamination
at Superfund sites. EPA is
responsible for enforcing the
terms specified in Superfund
enforcement instruments,
including taking action when
violations occur.
For further information,
contact our Office of
Congressional and Public
Liaison at (202) 566-2391.
To view the full report,
click on the following link:
www.epa.aov/oia/reports/2008/
20080428-08-P-0141 ,pdf
EPA Needs to Track Compliance with
Superfund Cleanup Requirements
What We Found
According to EPA's Superfund information system, there were 3,397 active
Superfund enforcement instruments to ensure cleanups at National Priorities List
sites as of September 30, 2007. Yet, EPA does not nationally compile or track
data on substantial non-compliance (SNC) with the terms or requirements of these
instruments. Therefore, we were not able to fully determine whether the regions
have resolved Superfund instrument violations consistent with criteria and
authorities. In 2000, though, EPA recognized it needed to improve in this area. It
issued an internal report recommending that the regions improve their data on the
compliance status of Superfund enforcement instruments and responses to non-
compliance. However, EPA has not implemented this recommendation.
Consequently, the Agency lacks the internal controls necessary to monitor
compliance with Superfund instruments nationally.
In a limited review of EPA regions" enforcement records, we found that two
regions" enforcement actions, in 12 instances of SNC, were consistent with EPA
guidance and authorities. While the regions took appropriate actions to address
these 12 violations, Region 5 had not established necessary and enforceable
requirements to address contamination from the Muskego Landfill Site, in
Waukesha County, Wisconsin.
What We Recommend
We recommend that EPA track and monitor substantial non-compliance by using
and modifying, as appropriate, the existing Superfund information system. We
also recommend that EPA establish enforceable response actions to address
contamination from the Muskego Landfill Site. EPA agreed with our
recommendations and proposed responsive actions to address them.

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