/ a v
K
U.S. ENVIRONMENTAL PROTECTION AGENCY
OFFICE OF INSPECTOR GENERAL
Ensuring the safety of chemicals
EPA's Safer Choice
Program Would Benefit
from Formal Goals and
Additional Oversight
Report No. 20-P-0203	June 30, 2020
CHOICE, choice

-------
Report Contributors:	Jeffrey Harris
Jee Kim
Alii Phillips
Alton Reid
Denton Stafford
Abbreviations
DfE	Design for the Environment
EPA	U.S. Environmental Protection Agency
FY	Fiscal Year
OIG	Office of Inspector General
TPP	Third-Party Profiler
Cover Photo: Safer Choice product vat. (EPA OIG photo)
Are you aware of fraud, waste, or abuse in an
EPA program?
EPA Inspector General Hotline
1200 Pennsylvania Avenue, NW (2431T)
Washington, D.C. 20460
(888) 546-8740
(202) 566-2599 (fax)
OIG Hotline@epa.gov
Learn more about our OIG Hotline.
EPA Office of Inspector General
1200 Pennsylvania Avenue, NW (2410T)
Washington, D.C. 20460
(202) 566-2391
www.epa.gov/oiq
Subscribe to our Email Updates
Follow us on Twitter @EPAoig
Send us your Project Suggestions

-------
^tDsrx
I®!
U.S. Environmental Protection Agency
Office of Inspector General
At a Glance
20-P-0203
June 30, 2020
Why We Did This Project
The U.S. Environmental
Protection Agency's Office of
Inspector General conducted
this audit to determine whether
the Safer Choice program
effectively meets its goals and
whether the program achieves
quality standards through its
product qualification, renewal,
and required audit processes.
The Safer Choice program is a
voluntary program designed to
prevent pollution by working
with manufacturers, retailers,
nongovernmental
organizations, and other
stakeholders to encourage the
use of safer chemicals in
products. All certified Safer
Choice products must provide
full ingredient disclosure, meet
criteria established by the EPA,
and undergo regular audits
conducted by third-party
profilers. TPPs are responsible
for conducting on-site audits,
desk audits, and renewal audits
to ensure program and label
compliance for all Safer Choice
partners and products.
This report addresses the
following:
• Ensuring the safety of
chemicals.
EPA's Safer Choice Program Would Benefit
from Formal Goals and Additional Oversight
Enhancements in the Safer
Choice audit process will
ensure that consumers and
businesses are purchasing
products that are safer for
people and the environment.
What We Found
The EPA's Safer Choice program does not
have formal goals included in the FY 2018-
2022 U.S. EPA Strategic Plan, and the program
has not reported results for fiscal years 2018-
2019. However, the program does have
internal, non-outcome-oriented goals, which it is
generally achieving. The Safer Choice
program's goal is to add 200 Safer Choice products to the program and
25 chemicals to the Safer Chemical Ingredients List each year. In FY 2019, the
Agency added 265 products and 24 chemicals. By not including formal goals for
the Safer Choice program in Agency reports while continuing to receive
congressional funding and support, the EPA limits not only accountability to
Congress and the public, but also the extent that the program can use
performance management information to make policy, budget, and management
decisions.
The EPA's Safer Choice program has general controls in place for the required
Safer Choice audit process. The EPA reviews audit summaries and corrective
actions provided by TPPs. However, the Agency does not routinely review all
supporting documentation, relying on TPPs to review and retain these
documents. Additionally, the Safer Choice program does not have procedures in
place to conduct any formal performance reviews of TPPs or oversight reviews of
TPP partner audits. Without periodic audit oversight, including full reviews of
supporting documents and formal performance reviews of TPPs, the EPA risks
approving products that do not comply with the Safer Choice Standard.
Recommendations and Planned Agency Corrective Actions
We recommend that the assistant administrator for Chemical Safety and Pollution
Prevention develop and publish adequate Safer Choice program goals and
performance measures, establish and implement procedures for formal audit
oversight of TPPs, amend its memorandums of understanding with TPPs to
require performance reviews conducted by the EPA, and collect and document
TPP audit supporting information.
Address inquiries to our public
affairs office at (202) 566-2391 or
OIG WEBCOMMENTS@epa.gov.
List of OIG reports.
The EPA did not provide acceptable planned corrective actions for two
recommendations, and we consider these recommendations unresolved. For
three recommendations, the Agency provided acceptable planned corrective
actions, and we consider these recommendations resolved with corrective
actions pending.

-------
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
WASHINGTON, D.C. 20460
THE INSPECTOR GENERAL
June 30, 2020
MEMORANDUM
SUBJECT: EPA's Safer Choice Program Would Benefit from Formal Goals and
Additional Oversight
Report No. 20-P-0203
FROM: Sean W. O'Donnell
J
TO:
Alexandra Dapolito Dunn, Assistant Administrator
Office of Chemical Safety and Pollution Prevention
This is our report on the subject audit conducted by the Office of Inspector General of the
U.S. Environmental Protection Agency. The project number for this audit is OA&E-FY19-0324. This
report contains findings that describe the problems the OIG has identified and corrective actions the OIG
recommends. Final determinations on matters in this report will be made by EPA managers in accordance
with established audit resolution procedures.
The Office of Chemical Safety and Pollution Prevention is responsible for the issues discussed in this
report.
We made five recommendations in this report. In accordance with EPA Manual 2750, your office provided
an acceptable corrective action and estimated milestone date for Recommendations 3, 4, and 5. These
recommendations are resolved, and no final response to these recommendations is necessary.
Action Required
For Recommendations 1 and 2, your office did not provide acceptable corrective actions. Therefore,
Recommendations 1 and 2 are unresolved. In accordance with EPA Manual 2750, the resolution process
begins immediately with the issuance of this report. We are requesting a meeting within 30 days between
the assistant administrator for Chemical Safety and Pollution Prevention and the OIG's assistant inspector
general for Audit and Evaluation. We also request a written response to the final report within 60 days of
this memorandum. Your response will be posted on the OIG's 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 to be released to the public; if your response
contains such data, you should identify the data for redaction or removal along with corresponding
justification. If resolution is still not reached, the Office of Chemical Safety and Pollution Prevention is
required to complete and submit a dispute resolution request to the chief financial officer.
We will post this report to our website at www.epa.gov/oig.

-------
EPA's Safer Choice Program Would Benefit
from Formal Goals and Additional Oversight
20-P-0203
Table of C
Purpose		1
Background		1
Responsible Office		3
Scope and Methodology		3
Prior Report		4
Results		5
EPA Safer Choice Goals, Measures, and Results Are Not Reported
by the Agency and Are Not Impact-Oriented		5
EPA Does Not Conduct Formal Reviews of TPP Performance and
Safer Choice Product Audits		7
Conclusions		10
Recommendations		10
Agency Response and OIG Assessment		10
Status of Recommendations and Potential Monetary Benefits		12
Appendices
A Internal Control Assessment		13
B Agency Response to Draft Report		14
C Distribution		19

-------
Purpose
The Office of Inspector General for the U.S. Environmental Protection Agency
conducted this audit to determine whether the Safer Choice program effectively
meets its goals and whether the program achieves quality standards through its
product qualification, renewal, and required audit process.
Background
The EPA's pollution prevention programs are designed to reduce or eliminate
waste at the source by modifying production processes, promoting the use of
nontoxic or less-toxic substances, implementing conservation techniques, and
reusing materials. The Safer Choice program is designed to prevent pollution by
working with manufacturers, retailers, nongovernmental organizations, and other
stakeholders on a voluntary basis to encourage the use of safer chemicals in
products and highlight innovations in safer chemistry. In February 2015, Safer
Choice replaced the "Design for the Environment," or DfE, program, which was
created as a nonregulatory initiative to help companies consider the human health,
environmental, and economic effects of chemicals and technologies, as well as
product performance, when designing and manufacturing commercial products
and processes.
According to the EPA, every chemical in a Safer Choice-labeled product,
regardless of percentage, is evaluated through the EPA's scientific process, and
only the safest chemicals are allowed. As of October 2019, there were nearly
2,000 products that carry the Safer Choice label.
The Safer Choice label allows companies to differentiate their products in the
marketplace and make it easier for consumers and business purchasers to identify
products that are safer for people and the environment. The program is voluntary,
and companies can choose whether they want to go through the certification
process to use the Safer Choice label on their products (Figure 1). Companies can
join the program and display the Safer Choice label on their products if the EPA
has certified that they attained the Safer Choice Standard, which identifies the
requirements that products and their ingredients must meet to earn the Safer
Choice label.
20-P-0203
1

-------
Figure 1: Safer Choice product certification process
Applicant
Applicant makes necessary
improvements & re-submits application
Applicant makes
necessary improvements &
re-submits application
No
No
Yes
Submit to
Safer Choice?
Third-Party
Reviewer
Third-Party
Reviewer
Yes
Safer Choice
Safer Choice
' Partnership
agreement
signed & label
.use allowed.
fleets Safer
Choice
Standard?
Submits its
application for
partnership to
qualified third-party
reviewer.
Communicates
findings to
applicant-
Discusses its
assessment with
applicant and third-
party reviewer.
Performs QA on
third-party
assessment and
confirms that
ingredients meet
Safer Choice
criteria for human
health and the
environment.
Reviews all product
ingredients against
Safer Choice criteria,
collects performance
information, and
develops chemical
profiles.
Source: EPA Safer Choice program.
Note: QA is quality assurance.
The Safer Choice label, as shown in Figure 2, has been approved for products
such as all-purpose cleaners, dishwasher detergents, car care products, carpet
cleaners, dish and hand soaps, floor care products,
laundry detergents and softeners, leather cleaners,
bathroom cleaners, window and glass cleaners, and
wood cleaners.
Figure 2: Safer Choice Label
-6-
SAFER
CHOICE
Applicants for the Safer Choice label must fully
disclose all ingredients to the Safer Choice program
and a qualified third-party profiler, known as a
TPP. As of June 2020, there are three TPPs
approved to work with the Safer Choice program.
For each Safer Choice product, a TPP compiles
hazard information on each chemical ingredient,
including its detailed structure, physical-chemical
properties, human health and environmental
toxicology, and regulatory status. A product is
only allowed to carry the Safer Choice label if each ingredient is the safest in its
ingredient class. Additionally, the product as a whole has to meet safety criteria,
qualify as high-performing, and be packaged in an environmentally friendly
manner, as defined by the Safer Choice Standard. Once products are approved,
each manufacturer must sign a partnership agreement with the EPA that outlines
the program's requirements. All services provided to participating companies by
TPPs are paid for by the applicants or partners. The EPA does not fund the work
of TPPs.
Meets U.S. EPA
Safer Product
Standards
epa.gov/salerchoice
Source: EPA Safer Choice program.
20-P-0203
2

-------
A partnership agreement between the Safer Choice program and a partner
company lasts three years. During the partnership period, a TPP conducts partner
audits to ensure that the ingredients, and modifications if necessary, in labeled
products are identical to those disclosed during partnership development and
continue to meet the Safer Choice Standard. As shown in Figure 3, during the
three-year partnership period, TPPs conduct an on-site audit, a desk audit, and a
renewal audit. TPPs also ensure good manufacturing practices, proper use of the
Safer Choice label, and effective communication regarding the Safer Choice label.
Figure 3: Safer Choice audit process for new partners
YEAR 1
YEAR 2
ON-SITE AUDIT
Safer Choice partners allow the
TPP to visit their manufacturing
facilities and conduct audits.
The on-site audit will focus on
the manufacturing process and
the procedures in place to
ensure that recognized products
comport with the partnership
agreement.
DESK AUDIT
Safer Choice partners submit
specified materials to the
TPP. The desk audit will focus
on the partners' print and
electronic materials and verify
the authorized formula
through a review of production
records.
YEAR 3
Source: EPA OIG based on EPA information.
RENEWAL AUDIT
Safer Choice partners must renew
their partnerships prior to the
expiration date. During the renewal
process, partners are required to
submit complete product
formulation information, as well as
information on packaging, labels,
and performance to the TPP for
review.
The Safer Choice program also maintains a Safer Chemical Ingredients List. This
is a list of chemical ingredients, arranged by functional-use class, that the Safer
Choice program has evaluated and determined to be safer than traditional
chemical ingredients. This list is designed to help manufacturers find safer
chemical alternatives that meet the criteria of the Safer Choice program.
Responsible Office
The Office of Chemical Safety and Pollution Prevention's Office of Pollution
Prevention and Toxics is responsible for the Safer Choice program.
Scope and Methodology
We conducted our work from October 2019 through April 2020. 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 objective. We believe that the
evidence obtained provides a reasonable basis for our findings and conclusions
based on our audit objective.
20-P-0203
3

-------
As detailed in Appendix A, we assessed the internal controls necessary to satisfy
our audit objectives.1 In particular, we assessed the internal control components
and underlying principles—as outlined in the U.S. Government Accountability
Office's Green Book—significant to our audit objectives. Any internal control
deficiencies we found are discussed in this report.
We interviewed key EPA staff from the Office of Chemical Safety and Pollution
Prevention and the Office of Pollution Prevention and Toxics in EPA
headquarters to understand the Safer Choice program, including its goals,
measures, and product qualification and audit processes. We also interviewed
several Safer Choice stakeholder groups, including GreenBlue, International
Sanitary Supply Association, Household & Commercial Products Association,
and Green Seal, to gather general information about the Safer Choice program.
We interviewed program managers and toxicologists at the three TPPs who
conduct the product assessments and audits for the Safer Choice program. The
TPPs provided in-depth presentations of their Safer Choice product qualification
and audit processes.
We reviewed relevant materials, including laws, policies, procedures, and prior
reports. We observed two on-site Safer Choice audits conducted by two of the
three TPPs at manufacturing facilities in Nevada and Ohio. Additionally, we
selected 31 TPP audit reports (11 desk audits, ten on-site audits, and ten renewal
audits) based on audit type, number of Safer Choice products per partner
company, and TPP, and we reviewed these audit reports for adherence to Safer
Choice program requirements. Specifically, we reviewed them to see if they
adhered to the audit checklists detailed in The U.S. EPA Safer Choice Program:
Handbook for Third-Party Profilers, or TPP Handbook.
Prior Report
On September 9, 2014, the OIG issued Report No. 14-P-0349. EPA Can Help
Consumers Identify Household and Other Products with Safer Chemicals by
Strengthening Its "Design for the Environment" Program. The OIG found that
the DfE logo did not adequately communicate to the consumer that the product is
a safer product. The OIG also found that use of the logo may imply that the EPA
endorses the DfE product. The EPA also lacked sufficient controls over the use of
its DfE logo by former program participants, which could be misleading for
consumers and is a violation of the DfE partnership agreement. The OIG also
found that the EPA asserted that DfE products were cost-effective, but cost-
effectiveness was not determined or reviewed by the EPA. Further, there were
weaknesses in both former and proposed performance measures used by the DfE
program, and the EPA could not accurately determine the program's impact on
1 An entity designs, implements, and operates internal controls to achieve its objectives related to operations,
reporting, and compliance. The U.S. Government Accountability Office sets internal control standards for federal
entities in GAO-14-704G, Standards for Internal Control in the Federal Government (also known as the "Green
Book"), issued September 10, 2014.
20-P-0203
4

-------
pollution prevention. The EPA agreed with the OIG's recommendations and
corrective actions were reported by the Agency as completed.
Results
The EPA's Safer Choice program goals are not included in the FY 2018-2022
U.S. EPA Strategic Plan. Currently, the EPA's Safer Choice program only has
internal, non-outcome-oriented goals, which it is generally achieving. The Safer
Choice program has not reported results achieved for fiscal years 2018 and 2019.
During FYs 2018 and 2019, the Agency received approximately $8.7 million in
appropriations to implement this program, even though the EPA proposed
eliminating this program's resources. By not including outcome-oriented goals for
the Safer Choice program in Agency reports while continuing to receive
congressional funding and support, the EPA limits not only accountability to
Congress and the public, but also the extent that the program can use performance
management information to make policy, budget, and management decisions.
We found that the EPA's Safer Choice program has general controls in place for
the required Safer Choice audit processes. While the EPA reviews audit
summaries provided by TPPs, it does not conduct any formal performance
reviews of TPPs or oversight reviews of TPP audits. The EPA states that it relies
on TPP recommendations and summary-level findings, without requiring
supporting documents. The EPA does not have procedures to conduct TPP
performance and oversight reviews. Without performance reviews and regular
oversight audits, the EPA's reliance on TPP audit work, which is funded by
participating partners, could potentially lead to products that do not comply with
the Safer Choice Standard.
EPA Safer Choice Goals, Measures, and Results Are Not Reported by
the Agency and Are Not Impact-Oriented
The EPA did not include any Safer Choice program goals in its Strategic Plan.
The previous plan, which covered FYs 2014-2018, did contain goals for the Safer
Choice program. Under Objective 4.2, "Promote Pollution Prevention," the EPA's
goal was to "Conserve and protect natural resources by promoting pollution
prevention and the adoption of other sustainability practices by companies,
communities, governmental organizations, and individuals. ... By 2018, increase
the number of safer chemicals and safer chemical products cumulatively by
1,900."
The EPA has not reported its results for the Safer Choice program in its Annual
Performance Report for FYs 2018 and 2019. The EPA most recently reported
results for this program in the FY 2017 Annual Performance Report. Under
Goal 4, "Ensuring the Safety of Chemical and Preventing Pollution," Objective 2,
"Promote Pollution Prevention," the Agency reported that the "EPA continued to
make better than expected progress in its Safer Choice Program, recognizing 226
20-P-0203
5

-------
additional products brought under the Safer Choice label in FY 2017, nearly
double the target, and meeting the target for chemicals added to the Safer
Chemical Ingredients List."
The importance of reporting agency results is stressed in the 2010 Government
Performance and Results Modernization Act, which provides the foundation by
which federal agencies are held accountable for establishing management
processes and setting performance goals and objectives that deliver results for the
public. In addition, Office of Management and Budget Circular A-l 1,
Preparation, Submission, and Execution of the Budget, says that reporting results
"communicate[s] publicly to eternal stakeholders about progress and help[s]
inform development of the next Strategic Plan." Lastly, the Government
Accountability Office's Standards for Internal Control in the Federal
Government requires federal agency management to establish and review
performance measures to monitor performance.
While the Agency has not set official goals for the Safer Choice program, the
program has set internal goals. The Safer Choice program's goal is to add
200 Safer Choice products to the program and 25 chemicals to the Safer Chemical
Ingredients List each year. Table 1 shows program results for past four fiscal
years. The Agency generally met its internal goals to add new products and
approved chemicals. According to the EPA, there was a decrease in the number of
labeled products from 2016 to 2017 because of enhanced compliance efforts.
These compliance efforts were undertaken in response to the 2014 OIG report
recommendation that the Agency periodically review program participants'
compliance with the partnership agreement.
Table 1: Number of Safer Choice products and chemicals added



Number of new

Number of

chemicals added to

products
Number of new
the Safer Chemical
Fiscal Year
certified
products added
Ingredients List
2016
2,060
247
98
2017
1,923
240a
94
2018
1,953
249
35
2019
1,994
265
24
Source: EPA OIG based on EPA information.
a When asked why the number of new products provided by Safer Choice staff differed from
the number (226) reported in the FY 2017 Annual Performance Report, Agency staff stated
that the 240 number reflects FY 2018 changes in record keeping that resulted in a
retroactive increase to the number of products added in FY 2017.
Agency management said that program goals are discussed internally but are not
shared with the public. Further, there are no Annual Commitment System
measures, which are annual performance commitments made by EPA programs
for the Safer Choice program.
20-P-0203
6

-------
Resources for Safer Choice Program Proposed for Elimination, but
Program Continues to Receive Funding
In the Fiscal Year 2018 Justification of Appropriation Estimates for the
Committee on Appropriations, the EPA recommended that the Pollution
Prevention Program, which includes the Safer Choice program, be eliminated
or discontinued. The Agency wrote, "Partners can continue the best practices
that have been shared through this program and continue efforts aimed at
reducing pollution." Despite the EPA's proposal to eliminate this program
since FY 2018, Congress continues to fund it. The program received
approximately $4.9 million and $3.8 million for FYs 2018 and 2019,
respectively. Members of Congress have expressed support for continuing
funding for the Safer Choice program. For example, the Senate Committee on
Appropriations report for the EPA's FY 2020 budget states, "The Committee
supports the Safer Choice program and directs that the program be funded and
operated consistent with prior years."
By not including goals for the Safer Choice program in Agency reports while
receiving congressional support and funding, the EPA limits not only
accountability to Congress and the public, but also the extent that the program
can use performance management information to make policy, budget, and
management decisions.
Safer Choice Program Goals Are Limited to Outputs, Not Impacts
During this audit, we followed up on corrective actions implemented by the
Office of Chemical Safety and Pollution Prevention based on the OIG's
recommendations made in the 2014 DfE report, which we previously
described in Chapter 1. The 2014 report detailed the Agency's then-newly
developed measures, which calculate the number of products that have earned
the DfE label and the number of chemicals on the Safer Chemical Ingredients
List. Our audit concluded that the measures were "limited in accurately
projecting the outcomes and impacts of this program." Based on this
conclusion, the OIG recommended that the Office of Chemical Safety and
Pollution Prevention "develop robust, transparent and adequately supported
performance measures that capture the DfE program's results." The EPA
developed its current Safer Choice internal goals in FY 2015. While the name
of the program was changed from DfE to Safer Choice in the measures, we
found that the Office of Chemical Safety and Pollution Prevention did not
develop new measures as recommended. The Agency continues to use the
"limited" measures that the OIG highlighted in the report.
EPA Does Not Conduct Formal Reviews of TPP Performance and
Safer Choice Product Audits
All applicants for Safer Choice recognition must acquire the services of a
qualified TPP. In Section 7 of the Safer Choice Standard, the EPA details the
20-P-0203
7

-------
requirements to become a qualified TPP, which include elements of technical
competence and credibility. According to the EPA, TPPs are viewed by industry
as an extension of the EPA Safer Choice program, and the quality and service that
TPPs deliver are just as important as the quality and service delivered by the Safer
Choice staff.
The EPA has general controls in place for the required audit processes used to
determine that products meet and maintain the Safer Choice criteria, such as:
•	The EPA's Safer Choice Standard: This document establishes
requirements for Safer Choice recognition.
•	The November 2017 draft document, U.S. EPA Safer Choice Program:
Handbook for Third-Party Profilers: This provides checklists and
information necessary for TPPs to complete the required Safer Choice
audits and other responsibilities.
•	The EPA's standard operating procedures for internal compliance and
product review: These are used to verify that partnership products comply
with the Safer Choice Standard.
•	The Safer Choice Program's Safer Choice Community. This database
platform is used by TPPs and partners to submit all information to be
reviewed by Safer Choice staff.
Despite the important work that TPPs accomplish for the Safer Choice program,
the EPA does not conduct any type of formal review or evaluation of TPP
performance or Safer Choice audits. Therefore, the Agency may miss
opportunities for improving TPP efficiency and effectiveness or the program
partner experience.
According to an EPA manager, the Agency lacks the resources to currently
conduct performance reviews of TPPs. The EPA's Safer Choice staff explained
that they review the audit summaries and corrective actions for audits submitted
by TPPs. Only one TPP provides full audit reports, but the EPA reviews only the
report's summary and focuses on corrective actions. According to the Agency,
EPA staff provide real-time feedback to TPPs and conduct in-depth reviews on all
documents submitted by TPPs. However, our analysis of TPP audits showed that
many TPPs submitted audit reports that lacked supporting documentation
showing items that the TPPs reviewed during the audits.
We selected 31 audits (11 desk, ten on-site, and ten renewal audits) and found that
they were mostly complete and complied with the required components. The level
of detail and documentation in the submitted audit reports varied greatly. The
Safer Choice Community database streamlines the ingredient and product
approval process by allowing participants and TPPs to directly submit information
20-P-0203
8

-------
about their products, chemical ingredients, and audits, and it provides a standard
platform to submit these reports. However, the EPA does not require the
submission of any supporting documentation. For example, the TPP Handbook
desk audit checklist requires reviewing production records, batch tickets and
formula verification, bills of lading, and certificates of analysis to verify that
products are manufactured using approved ingredients. We found that in three of
the desk audits we reviewed, TPPs provided only three of these four supporting
documents to the EPA. In the eight other audits, TPPs simply indicated that some
of these documents were reviewed. According to EPA staff, "while the audit
supporting documentation is not kept in-house, the TPPs should have this
documentation in their records."
Additionally, EPA staff rely on TPP recommendations and summary-level
findings, including incidents of noncompliance, without requiring supporting
documents be added to the Safer Choice Community database. During the course
of the audit, the Safer Choice program was working with TPPs to submit detailed
summary information for audits, rather than full reports. TPPs were asked to make
supporting documentation available when needed. Until the EPA establishes an
adequate document submission and review process that collects and verifies the
items, partnership products may not be in full compliance.
According to the Safer Choice
Standard, on-site audits focus on
manufacturing processes and
procedures to ensure Safer Choice
products adhere to partnership
agreements. As detailed in the TPP
Handbook, on-site audits require
some elements to be verified through
an on-site facility visit, such as a
production walk-through to verify
that product containers are in good
condition as well as to verify good
manufacturing processes. During our audit, we found that the EPA Safer Choice
program does not have procedures for conducting periodic audits or oversight
reviews of TPPs' on-site audits.
In 2018, the EPA Safer Choice program established memorandums of
understanding with all three TPPs that outline the relationship between the EPA
and TPPs and describe TPP roles and responsibilities. The memorandums state,
"In addition to regular feedback and recommendations from Safer Choice staff,
[Name of TPP] will engage in annual performance reviews of [Name of TPP] and,
once every five years, a full performance evaluation." According to EPA staff,
they do not engage in or perform annual performance reviews with TPPs, and the
agreements have not been in place long enough for TPPs to have completed a full
performance evaluation.
Safer Choice products on a production line,
:2PA photo)
20-P-0203
9

-------
Conclusions
To improve program performance, effectiveness, and public accountability,
federal laws and Office of Management and Budget directives require the EPA to
set and publish goals, measure performance, and report program results. By not
fulfilling these requirements for the Safer Choice program while receiving
congressional funding and support, the EPA limits not only accountability to
Congress and the public, but also the extent that the program can use performance
management information to make policy, budget, and management decisions. In
addition, the current internal goals are limited in projecting the outcomes and
impacts of the program.
The Safer Choice program is designed to help consumers identify products that
are safer for people and the environment. The EPA relies on TPPs to collect and
review information for Safer Choice product review submissions and annual
audits. Without formal performance reviews and periodic audits of TPPs, the EPA
risks that these products are not in compliance with the Safer Choice Standard.
Recommendations
We recommend that the assistant administrator for Chemical Safety and Pollution
Prevention:
1.	Develop goals and performance measures that capture the impacts of the
Safer Choice program.
2.	Publish or otherwise notify Congress and the public of the goals and
performance measures for the EPA Safer Choice program, as well as the
annual results of the program.
3.	Establish and implement procedures to conduct periodic oversight reviews
of audits conducted by the third-party profilers to include physical
oversight of the third-party profilers' on-site audits.
4.	Amend memorandums of understanding with the third-party profilers,
requiring that the EPA conduct performance reviews of third-party
profilers.
5.	Collect and document all information that third-party profilers review in
their audits in the Safer Choice Community database.
Agency Response and OIG Assessment
In the EPA's official comments regarding the draft report, the Agency "agreed
with the spirit" of the OIG recommendations and provided planned corrective
actions and estimated completion dates for all recommendations. However, the
20-P-0203
10

-------
planned corrective actions for Recommendations 1 and 2 were not sufficient, and
these recommendations are unresolved.
In response to Recommendation 1, the Agency did not commit to state any goals
for the program, nor did any of its current or proposed performance measures
capture the impacts of the program. For Recommendation 2, the Agency did not
commit to publish Safer Choice program goals.
Recommendations 3, 4, and 5 are resolved with corrective actions pending. In
response to Recommendations 3 and 4, the Agency agreed to conduct yearly
oversight reviews of TPP desk and on-site audits and agreed to amend the TPP
memorandums of understanding as recommended. In response to
Recommendation 5, the Agency proposed to incorporate a checklist in the data
system that will confirm that TPPs collected and reviewed all audit
documentation. Documentation will then be available for the Agency to conduct
yearly oversight reviews of TPP desk and on-site audits.
The Agency provided technical comments on the draft report, which we
incorporated into our final report as appropriate. The Agency's response to the
draft report is in Appendix B.
20-P-0203
11

-------
Status of Recommendations and
Potential Monetary Benefits
RECOMMENDATIONS
Rec.
No.
Page
No.
Subject
Status1
Action Official
Planned
Completion
Date
Potential
Monetary
Benefits
(in $000s)
1
10
Develop goals and performance measures that capture the
impacts of the Safer Choice program.
U
Assistant Administrator for
Chemical Safety and
Pollution Prevention


2
10
Publish or otherwise notify Congress and the public of the goals
and performance measures for the EPA Safer Choice program,
as well as the annual results of the program.
U
Assistant Administrator for
Chemical Safety and
Pollution Prevention


3
10
Establish and implement procedures to conduct periodic
oversight reviews of audits conducted by the third-party profilers
to include physical oversight of the third-party profilers' on-site
audits.
R
Assistant Administrator for
Chemical Safety and
Pollution Prevention
12/31/21

4
10
Amend memorandums of understanding with the third-party
profilers, requiring that the EPA conduct performance reviews of
third-party profilers.
R
Assistant Administrator for
Chemical Safety and
Pollution Prevention
12/31/20

5
10
Collect and document all information that third-party profilers
review in their audits in the Safer Choice Community database.
R
Assistant Administrator for
Chemical Safety and
Pollution Prevention
7/31/21

1 C = Corrective action completed.
R = Recommendation resolved with corrective action pending.
U = Recommendation unresolved with resolution efforts in progress.
20-P-0203
12

-------
Appendix A
Internal Control Assessment
This table identifies which internal control components and underlying principles are significant
Which internal control components are
significant to the audit objectives?
Which internal control principles are sianificant to the audit
objectives?
X
Control Environment
The foundation for an internal control
system. It provides the discipline and
structure to help an entity achieve its
objectives.
X
1. The oversight body and management should demonstrate
a commitment to integrity and ethical values.
X
2. The oversight body should oversee the entity's internal
control system.
X
3. Management should establish an organizational structure,
assign responsibilities, and delegate authority to achieve
the entity's objectives.
X
4. Management should demonstrate a commitment to
recruit, develop, and retain competent individuals.
X
5. Management should evaluate performance and hold
individuals accountable for their internal control
responsibilities.
X
Risk Assessment
Management assesses the risks facing the
entity as it seeks to achieve its objectives.
This assessment provides the basis for
developing appropriate risk responses.
X
6. Management should define objectives clearly to enable
the identification of risks and define risk tolerances.
X
7. Management should identify, analyze, and respond to
risks related to achieving the defined objectives.
X
8. Management should consider the potential for fraud when
identifying, analyzing, and responding to risks.
X
9. Management should identify, analyze, and respond to
significant changes that could impact the internal control
system.
X
Control Activities
The actions management establishes
through policies and procedures to achieve
objectives and respond to risks in the
internal control system, which includes the
entity's information system.
X
10. Management should design control activities to achieve
objectives and respond to risks.
X
11. Management should design the entity's information
system and related control activities to achieve objectives
and respond to risks.
X
12. Management should implement control activities through
policies.
X
Information and Communication
The quality information management and
personnel communicate and use to support
the internal control system.
X
13. Management should use quality information to achieve
the entity's objectives.
X
14. Management should internally communicate the
necessary quality information to achieve the entity's
objectives.
X
15. Management should externally communicate the
necessary quality information to achieve the entity's
objectives.
X
Monitoring
Activities management establishes and
operates to assess the quality of
performance overtime and promptly
resolve the findings of audits and other
reviews.
X
16. Management should establish and operate monitoring
activities to monitor the internal control system and
evaluate the results.
X
17. Management should remediate identified internal control
deficiencies on a timely basis.
to our audit objectives.
Source: Based on internal control components and principles outlined in GAO-14-704G, Standards for Internal
Control in the Federal Government (also known as the "Green Book"), issued September 10, 2014.
20-P-0203
13

-------
Appendix B
Agency Response to Draft Report
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
WASHINGTON, DC. 20460
May 18, 2020
OFFICE OF CHEMICAL SAFETY
AND POLLUTION PREVENTION
MEMORANDUM
SUBJECT: Response to Draft Report entitled "EPA's Safer Choice Program Could Benefit
from Formal Goals and Additional Oversight," Report No. 19-P-0324.
FROM: Alexandra Dapolito Dunn. Esq.
Assistant Administrator
Digitally signed by
ALEXANDRA Alexandra dapolho
DUNN
DAPOLITO DUNN Date: 2020.05.18 13KM;59
-04W
TO
Sean W. O'Doimell
Inspector General
This memorandum responds to the Office of the Inspector General's (OIG's) Draft Report
entitled "EPA's Safer Choice Program Could Benefit from Formal Goals and Additional
Oversight," Report No. 19-P-0324, dated April 16, 2020.
The Office of Chemical Safety and Pollution Prevention (OCSPP) appreciates the efforts of the
Office of the Inspector General (OIG) in conducting an evaluation to identify and assess controls
the EPA has in place to verify that the Safer Choice program meets its goals and achieves quality
standards through its product qualification, renewal and required audit process.
OCSPP agrees with the spirit of the Draft Report's conclusions and recommendations and is
proposing meaningful corrective actions to respond to each recommendation. While these
corrective actions may not precisely align with the course of action suggested by the Draft
Report, OCSPP is confident they will result in the benefits intended by the OIG, allowing
OCSPP to remain a careful steward of resources to ensure that other Agency priorities, such as
the deadlines of the Lautenberg Amendments to the Toxic Substances Control Act, are fulfilled.
The Draft Report makes five recommendations under two topic areas. These areas are: measures
of programmatic success (Recommendations 1 and 2); and performance monitoring for the third
20-P-0203	14
I. General Comments

-------
parties who conduct audits of product manufacturing partners in the Safer Choice program
(Recommendations 3 through 5).
Program Measures. The performance measures currently tracked for the Safer Choice program
- including the number of products certified and the number of chemicals added to the Safer
Chemical Ingredients List (SCIL) - are good measures of the impact of the Safer Choice
program in voluntarily helping the marketplace adopt safer chemicals in cleaning product
formulations. For example, a limited number of branded cleaners are sold into the consumer
space through major outlets. A growing presence in this space is a good indication of program
health and contribution. OCSPP will monitor Safer Choice program results to ensure continued
program effectiveness.
Because the President's Budget does not include the Safer Choice program, EPA will continue
to track the program's measures internally and will not include Safer Choice program measures
in Agency-level reporting.
Performance Monitoring for Third Parties who conduct audits of product manufacturing
partners in the Safer Choice program. OCSPP believes that audit oversight for the Safer
Choice program as currently exercised ensures a high quality of the service the Third Party
Profilers (TPPs) provide - including their work in product review, toxicology, chemistry, and
oversight of product manufacturers. While some certification programs audit third parties who
conduct product certification to gain insight into how well they conduct their work and award
certification, OCSPP believes that the Safer Choice program is in a different situation because of
the high level of routine oversight and interaction between EPA Safer Choice personnel and the
TPPs. Safer Choice provides thorough quality control by reviewing all TPP work. All
certification decisions are made by Safer Choice.
For new product applications, Safer Choice reviews all formulations and documentation and
ultimately makes all certification determinations. Safer Choice provides real-time feedback to
the TPPs, and all submitted documents get a quality assurance check. For audits submitted by
the TPPs, Safer Choice reviews audit summaries and corrective actions. Indeed, Safer Choice
ensures that audits are completed in a timely manner by tracking due dates to make sure the
audits take place, and by directly tracking follow-up actions to completion for all audits. Safer
Choice also responds to partner calls for improvement. In addition to this already high level of
oversight, Safer Choice will begin to conduct an audit oversight review each year for each of its
third parties.
Attached to this memo are OCSPP's Technical Comments regarding terminology used in the
Draft Report.
II. OCSPP's Response to the Recommendations:
Recommendation 1: Develop goals and performance measures that capture the impacts of the
Safer Choice program.
20-P-0203
15

-------
•	Proposed Corrective Action 1: OCSPP will continue to track and report as appropriate
the following annual figures: the number of products certified, the number of products
renewed (after their three-year term), the total number of certified products, the number
of audits conducted, the number of chemicals added to the Safer Chemical Ingredients
List (SCIL), and the total number of chemicals listed on SCIL. OCSPP will add
production volume as a measure when data quality for supporting information merits its
inclusion.
•	Target Completion Date: OCSPP will add production volume as a performance measure
by July 2021.
OIG RESPONSE: The proposed corrective action does not meet the intent of the
recommendation. First, the Agency will not develop any goals for the program. Second, the
performance measures, which include the total number of certified products, the number of
audits conducted, the number of chemicals added to the Safer Chemical Ingredients List as
well as the total number of chemicals listed, and production volume, are output measures that
do not capture the impacts of the program. We consider Recommendation 1 unresolved.
Recommendation 2: Publish or otherwise notify Congress and the public of the goals and
performance measures for the EPA Safer Choice program, as well as the annual results of the
program.
•	Proposed Corrective Action 2: As described above, OCSPP will continue to track
measures for the Safer Choice program internally. OCSPP will publish these annual
results on EPA's webpages for the Safer Choice program.
•	Target Completion Date: December 2020.
OIG RESPONSE: The proposed corrective action does not meet the intent of the
recommendation. The EPA has not committed to publishing its goals. Without awareness of
the program goals, neither Congress nor the public has the context to evaluate annual
program results. We consider Recommendation 2 unresolved.
Recommendation 3: Establish and implement procedures to conduct periodic oversight reviews
of audits conducted by the third-party profilers to include physical oversight of the third-party
profilers' on-site audits.
• Proposed Corrective Action 3: OCSPP agrees to annually conduct oversight reviews of
audits conducted by TPPs, including physical oversight of those audits. OCSPP will
conduct one on-site oversight audit for each TPP each year and will conduct one
oversight desk audit for each TPP each year.
20-P-0203
16

-------
• Target Completion Date: December 2020 to develop procedures, December 2021 to
complete one audit oversight review for each TPP.
OIG RESPONSE: The Agency agreed with our recommendation and provided an
acceptable planned corrective action and estimated completion date. We consider this
recommendation resolved with corrective actions pending.
Recommendation 4: Amend Memorandums of Understanding with the third-party profilers,
requiring that the EPA conduct performance reviews of third-party profilers.
•	Proposed Corrective Action 4: To improve clarity, OCSPP will amend TPP
Memorandums of Understanding to indicate that EPA will conduct performance reviews
for each TPP.
•	Target Completion Date: December 2020
OIG RESPONSE: The Agency agreed with our recommendation and provided an
acceptable planned corrective action and estimated completion date. We consider this
recommendation resolved with corrective actions pending.
Recommendation 5: Collect and document all information that third-party profilers review in
their audits in the Safer Choice Community database.
•	Proposed Corrective Action 5: OCSPP will incorporate a checklist in the program's
data system, the Safer Choice Community, that TPPs will include with each audit
summary, confirming that the TPP has collected and reviewed all the audit
documentation required by the Safer Choice standard. This information will continue to
be available to OCSPP upon request.
•	Target Completion Date: By December 2020, OCSPP will add the checklist in the Safer
Choice Community, instructing TPPs to incorporate the checklist into their submitted
audit summaries by July 2021.
OIG RESPONSE: The Agency proposed the inclusion of a checklist in the program's data
system confirming the documentation of TPP audit information and its availability to the
Agency upon request. We find that the Agency's proposed corrective action plan, which
incorporates a checklist review system in conjunction with periodic oversight reviews,
addresses the intent of the recommendation. We consider this recommendation resolved with
corrective actions pending.
20-P-0203
17

-------
cc: All OCSPP DAAs/AAA
Yvette Collazo Reyes, OPPT Director
Mark Hartman, OPPT Deputy Director
Tala Henry, OPPT Deputy Director
David Widawsky, CESSD Director
Clive Davies, DfE Branch Chief
Melanie V. Adams, Safer Choice Product Review Lead
Jeffrey Harris, OIG Toxics, Chemical Management, and Pollution Prevention Director
Jee Kim, OIG Project Manager
Alii Phillips, OIG Program Analyst
Alton Reid, OIG Health Scientist
Denton Stafford, OIG Program Analyst
Janet L. Weiner, OCSPP Audit Liaison
OPPT Program Office Audit Liaison
20-P-0203
18

-------
Appendix C
Distribution
The Administrator
Assistant Deputy Administrator
Associate Deputy Administrator
Chief of Staff
Deputy Chief of Staff/Operations
Assistant Administrator for Chemical Safety and Pollution Prevention
Agency Follow-Up Official (the CFO)
Agency Follow-Up Coordinator
General Counsel
Associate Administrator for Congressional and Intergovernmental Relations
Associate Administrator for Public Affairs
Principal Deputy Assistant Administrator for Chemical Safety and Pollution Prevention
Deputy Assistant Administrator for Chemical Safety and Pollution Prevention
Deputy Assistant Administrator for Management, Office of Chemical Safety and
Pollution Prevention
Director, Office of Continuous Improvement, Office of the Administrator
Director, Office of Pollution Prevention and Toxics, Office of Chemical Safety and Pollution
Prevention
Audit Follow-Up Coordinator, Office of the Administrator
Audit Follow-Up Coordinator, Office of Chemical Safety and Pollution Prevention
Audit Follow-Up Coordinator, Office of Pollution Prevention and Toxics, Office of Chemical
Safety and Pollution Prevention
20-P-0203
19

-------