The EPA Has Not
Verified that Its
Laboratories Comply
with Hazardous Waste
Requirements

August 14, 2023 j Report No. 23-E-0027


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U.S. ENVIRONMENTAL PROTECTION AGENCY

OFFICE OF INSPECTOR GENERAL

August 14, 2023

MEMORANDUM

SUBJECT: The EPA Has Not Verified that Its Laboratories Comply with
Hazardous Waste Requirements
Report No. 23-E-0027

FROM: Sean W. O'Donnell, Inspector General

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TO:

David Uhlmann, Assistant Administrator
Office of Enforcement and Compliance Assurance

This is our report on the subject evaluation conducted by the U.S. Environmental Protection Agency Office
of Inspector General. The project number for this evaluation was OSRE-FY22-Q141. 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 Enforcement and Compliance Assurance is responsible for the issues discussed in this report.

In accordance with EPA Manual 2750, your office provided acceptable planned corrective actions and
estimated milestone date for Recommendation 2. This recommendation is resolved. A final response
pertaining to this recommendation is not required; however, if you submit a response, it will be posted on
the OIG's website, along with our memorandum commenting on your response.

Action Required

Recommendation 1 is unresolved. EPA Manual 2750 requires that recommendations be resolved
promptly. Therefore, we request that the EPA provide us within 60 days its responses concerning specific
actions in process or alternative corrective actions proposed on the recommendations. 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.

We will post this report to our website at www.epa.gov/oig.


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OFFICE OF INSPECTOR GENERAL

/ U.S. ENVIRONMENTAL PROTECTION AGENCY

August 14, 2023 | Report No. 23-E-0027

THE EPA HAS NOT VERIFIED THAT ITS LABORATORIES
COMPLY WITH HAZARDOUS WASTE REQUIREMENTS

Photo of a scientist performing work in an EPA lab.
(EPA photo)

Purpose:

The U.S. Environmental Protection
Agency Office of inspector General
conducted this evaluation to determine
whether the EPA has verified that its own
laboratories are complying with Resource
Conservation and Recovery Act
requirements for the management of
hazardous waste.

This evaluation supports this EPA
mission-related effort:

•	Compliance with the law.

This evaluation addresses these top

EPA management challenges:

•	Enforcing environmental laws and
regulations.

•	Providing for safe use of chemicals.

Report Contributors:

Steve Hanna
Sam Henkels
Lauretta Joseph
Gaida Mahgoub
Naomi Rowden

Address inquiries to our public affairs
office at (202) 566-2391 or

OIG.PublicAffairs@epa.gov.

Full list of EPA OIG reports.

Overview

The U.S. Environmental Protection Agency became aware of Resource
Conservation and Recovery Act, or RCRA, hazardous waste compliance
issues at its labs in 2020. In response, the EPA's Office of Enforcement
and Compliance Assurance, or OECA, issued two internal
memorandums, one in April 2020 and another in July 2021. The
memorandums emphasized that EPA labs must comply with all
environmental requirements; should "perform better than, and be a
model for, other facilities"; and are subject to enforcement and
penalties for noncompliance. In July 2022, the EPA Office of Inspector
General initiated this evaluation to determine whether the EPA verified
RCRA compliance at its labs. As of August 2022, neither the EPA nor the
authorized states had inspected most EPA labs to verify their
compliance with RCRA hazardous waste requirements. Additionally,
OECA had not shared the compliance memorandums with authorized
state RCRA programs, even though the EPA partners with the states to
conduct inspections.

Background

As shown in Figure 1, the EPA has 27 labs located throughout the
country. The labs perform scientific, technical, and research services
and fall into three categories:

•	National program labs, which work on a national level and
support specific programs on regulations, compliance, and
enforcement. For example, the Office of Air and Radiation runs
two labs—one in Montgomery, Alabama, and the other in Ann
Arbor, Michigan.

•	Research and development labs, which conduct research to
support Agency decisions to safeguard human health and
ecosystems from environmental pollutants. The Office of
Research and Development runs these labs, which include
those in Durham (Research Triangle Park), North Carolina;
Cincinnati, Ohio; Ada, Oklahoma; and Corvallis and Newport,
Oregon.

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For this report, we defined the following
as labs: EPA lab facilities with a RCRA
identification number and facilities that
generate very small quantities of
hazardous waste, which are not required
to have a RCRA identification number.

RCRA defines three categories of
hazardous waste generators:

•	Very small quantity generators

produce less than or equal to
1 kilogram of acute hazardous
waste and less than or equal to
100 kilograms of nonacute
hazardous waste in a calendar
month.

•	Small quantity generators produce
less than or equal to 1 kilogram of
acute hazardous waste and
between 100 kilograms and
1,000 kilograms of nonacute
hazardous waste in a calendar
month.

•	Large quantity generators produce
over 1 kilogram of acute hazardous
and/or 1,000 kilograms or more of
nonacute hazardous waste in a
calendar month.

• Regional labs, which were established to provide analytical
services and scientific and technical support to the EPA's
regional and program offices. Some of the regional labs are in
the same location as other EPA offices or programs.

Figure 1: Map of EPA lab locations and type

f Co-located
f National Program Labs
Q Research arid Development Labs
^ Regional Labs

Gulf Breeze Lab]

f | Region 6 Lab y

Notes: A larger version of this image is in Appendix A. Co-located labs indicate
where multiple types of labs are located in the same area. For example, the Fort
Meade Science Center includes the Microbiology Lab, which is a national
program lab; the Analytical Chemistry Laboratory, which is a national program
lab; and the Region 3 lab.

Source: OIG analysis of EPA data. (EPA OIG image)

EPA Regulation of Hazardous Waste

According to the EPA Hazardous Waste website, hazardous waste can
be simply defined as "a waste with properties that make it dangerous
or capable of having a harmful effect on human health or the
environment." RCRA is the primary law governing the generation and
disposal of solid and hazardous waste. RCRA authorizes the EPA to
develop regulations, guidance, and policies that ensure the safe
management and cleanup of solid and hazardous waste.

The EPA may authorize states to implement key provisions of the
hazardous waste requirements in lieu of the EPA. If a state program
does not exist, the EPA implements the hazardous waste requirements
in that state. Because RCRA does not provide for tribal authorization
for the hazardous waste program, the EPA also directly implements the
RCRA hazardous waste program in Indian Country. Direct
implementation includes permitting requirements, enforcement, and
corrective action or cleanup.

The regulations for hazardous waste generators, found at
40 C.F.R. part 262, establish basic hazardous waste management
standards. The regulations require hazardous waste generators to
appropriately identify and safely handle hazardous waste to protect
human health and the environment, while minimizing interference with
daily business operations.

The regulatory burden increases with the amount of waste generated,
so large quantity generators have more regulatory requirements than
very small quantity generators. Hazardous waste generators are
required to determine their generator category status based on the

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Figure 2: Number of EPA labs in each
hazardous waste generator category
as of August 2022

D Very Small Quantity Generators
B Small Quantity Generators
Large Quantity Generators

Source: OIG analysis of EPA data.
(EPA OIG image)

An improper waste container found during an
EPA lab inspection. (EPA image)

amount of hazardous waste they generate each month. Generator
category status may change from month to month.

The EPA's iabs fall into multiple hazardous waste generator categories,
with 23 of 27 being small quantity generators or very small quantity
generators as of August 2022, as shown in Figure 2. Examples of
hazardous waste generated at EPA labs include corrosive liquids such
as acids, halogenated solvents, flammable gasses and liquids, broken
lead-acid batteries, and waste that contains mercury.

RCRA Compliance Monitoring and Inspections

The EPA and authorized states conduct on-site RCRA inspections and
off-site compliance monitoring activities for RCRA-regulated entities.
On-site inspections normally include a walkthrough of the facility and a
review of RCRA documents and relevant processes. Authorized states
conducted 95 percent of all RCRA inspections from 2015 to 2021.
Off-site compliance monitoring activities may include a review of
facility reports, testing and monitoring data, financial records,
or electronic manifest and biennial report data. The EPA and states
enter RCRA inspection data into RCRAInfo, an EPA data system that
stores information from RCRA compliance monitoring activities.

Audits and Self-Assessments at EPA Labs

EPA labs are subject to audits and self-assessments designed to help
them comply with applicable safety, health, and environmental
requirements. The Safety and Sustainability Division, within the EPA's
Office of Mission Support, conducts safety, health, and environmental
management—or SHEM—audits at each EPA lab every three years.
These audits are considered external or third party. If the Safety and
Sustainability Division identifies findings during a SHEM audit, it enters
the findings into an Office of Mission Support database. The database
tracks violations and sends reminders to lab managers until their labs
return to compliance.

Self-Policing Policies and eDisclosure

The EPA created self-policing policies, such as the EPA's audit policy,
which aims to protect human health and the environment by
encouraging regulated facilities to voluntarily discover and fix violations
of environmental requirements. The self-policing policies incentivize
regulated facilities to self-disclose violations of federal environmental
laws and regulations. Facilities that self-disclose violations may be
eligible for reduced civil penalties. To be eligible for penalty reduction,
the entity must meet certain requirements, such as voluntary and
systematic discovery of the violation, prompt disclosure, and prompt
correction of the violation. Regulated facilities have self-disclosed over
2,800 violations using the eDisclosure system, a system that receives
and processes violations, since the EPA launched the system in 2015.

2020 and 2021 EPA Lab Compliance Memorandums

On April 24, 2020, OECA sent a memorandum to the leaders of the
EPA's program and regional offices about environmental compliance at

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"EPA labs and facilities must comply with
all environmental requirements. ...They
should perform better than, and be a
model for, other facilities."

—April 2020 EPA lab compliance
memorandum

"With this memorandum the
U.S. Environmental Protection Agency
reaffirms its commitment to ensure
environmental compliance and serve as a
leader in its management of EPA facilities
and laboratories."

—July 2021 EPA lab compliance
memorandum

RCRA Inspections

OECA partners with EPA regions and
authorized states to conduct RCRA
inspections. OECA oversees compliance
monitoring activities, provides national
guidance, and sets inspection goals for
EPA regions and authorized states. The
minimum inspection frequency goal for
large quantity generators is one
inspection every five years. OECA has not
set inspection frequency goals for small
or very small quantity generators.
However, OECA's policy allows for
flexibility. Under this policy, EPA regions
and authorized states may inspect fewer
of their large quantity generators and
instead inspect the other types of
generators.

the EPA's labs. The memorandum stated that OECA had become aware
of RCRA compliance issues in several EPA labs, including improper
management of universal waste, failure to make hazardous waste
determinations, and failure to label waste. The memorandum provided
information on compliance assistance available for the labs and
stressed how important it is for EPA labs to comply with applicable
environmental requirements.

On July 29, 2021, OECA, along with the Office of Mission Support and
the Office of Research and Development, sent another memorandum
to EPA leadership that reinforced and expanded on the previous
memorandum about environmental compliance at EPA labs. The
memorandum stressed that EPA labs should meet numerous
environmental requirements from RCRA, as well as the Clean Air Act
and the Clean Water Act.

Both memorandums shared a commitment to environmental
compliance at EPA labs and emphasized that EPA labs are subject to the
same enforcement and penalties for noncompliance as other regulated
entities. Neither memorandum was shared with authorized state
programs.

Responsible Offices

OECA's Office of Compliance is responsible for the national RCRA
compliance-monitoring program, which includes establishing policies
and defining expectations for inspections and other compliance
monitoring activities. In this role, OECA works with the EPA's
headquarters, the ten EPA regions, and authorized states to implement
compliance monitoring for the RCRA program. OECA's Federal Facilities
Enforcement Office is responsible for compliance assistance,
monitoring, and enforcement of RCRA at federal facilities.

The Office of Mission Support's Office of Administration's Safety and
Sustainability Division is responsible for protecting EPA employees,
implementing the national SHEM program, and minimizing the EPA's
impact on the environment. The Office of Land and Emergency
Management's Office of Resource Conservation and Recovery is
responsible for implementing the RCRA program. It develops
regulations, policy, and guidance for a national waste management
program under RCRA. The Office of Research and Development's Office
of Resource Management is responsible for administrative and
operational support, including program accountability, policy,
operations, and SHEM activities, for the Office of Research and
Development.

Scope and Methodolo

See Appendix B for a description of our scope and methodology.

Prior Reports

The EPA OIG has issued two reports relevant to this evaluation:

• OIG Report No. 21-P-0131, Staffing Constraints, Safety and
Health Concerns at EPA's National Enforcement Investigations

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Compliance with the law
Operating efficiently and effectively

Additional Internal Controls
Would Improve the EPA's
System for Electronic
Disclosure of
Environmental Violations



Screenshots of the prior report cover pages.
(EPA OIG images)

Center May Compromise Ability to Achieve Mission, issued
May 12, 2021, found persistent concerns regarding
unconducted internal safety and health audits and
management reviews, hazardous waste mismanagement,
noncompliance with safety procedures, and staff concerns
about safety and health at the National Enforcement
Investigations Center. The report made ten recommendations,
including developing a process to follow up on inspection
findings and confirm whether corrective actions effectively
address findings, and developing metrics on safety, health, and
work environment to incorporate into performance evaluations
for management. The EPA agreed with these
recommendations. As of April 2023, the corrective actions
were pending with a due date of June 28, 2024.

• OIG Report No. 22-E-0Q51, Additional Internal Controls Would
Improve the EPA's System for Electronic Disclosure of
Environmental Violations, issued June 30, 2022, found that the
EPA did not have adequate internal controls or guidance for
effective monitoring of the eDisclosure data system and risked
missing significant concerns in the submissions. The report
made four recommendations, including developing guidance
for EPA staff who monitor eDisclosure submissions and
developing performance measures for the eDisclosure
program. The EPA agreed with the recommendations. As of
April 2023, the corrective actions were pending with a due date
of September 29, 2023.

What We Found

The EPA did not verify that its own labs complied with the RCRA
hazardous waste requirements. After OECA became aware of RCRA
hazardous waste compliance issues at several Agency labs in 2020, it
issued two internal memorandums that emphasized that EPA labs must
comply with all environmental requirements; should "perform better
than, and be a model for, other facilities"; and are subject to
enforcement and penalties for noncompliance. However, as of August
2022, OECA had not inspected most EPA labs to verify their compliance
with RCRA hazardous waste requirements. Additionally, OECA had not
shared the 2020 and 2021 compliance memorandums with authorized
state RCRA programs, even though the EPA partners with the states to
conduct inspections.

One of the EPA's 13 small quantity generator labs did not meet the
2021 deadline for renotifying the EPA of its generator status. In
addition, one of the EPA's four large quantity generator labs did not file
the required biennial report with the EPA in 2017 and 2019.

OECA stated in the 2020 and 2021 memorandums that the EPA's labs
can use eDisclosure to self-disclose violations of environmental laws
and regulations. While the EPA's labs conduct self-audits and receive
SHEM audits, as of January 17, 2023, no labs had reported violations in
eDisclosure. As of June 1, 2023, OECA had not provided written

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Figure 3: EPA labs by inspection
frequency category as of August 2022

3 labs inspected
since 2020

AAA

6 labs inspected

AAA 2010-2019

4 4 4 4 4 418labs never

g g g g g g inspected or

A A A A A Anot insPected

* g * g * g since before

AAA AAA2010

Source: OIG analysis of EPA data. (EPA OIG
image)

guidance, beyond the two memorandums, to the EPA labs on what
types of violations should be reported using eDisclosure. On
October 13, 2022, OECA's Federal Facilities Enforcement Office stated
that it was in the process of targeting EPA labs for inspection in fiscal
year 2023.

The EPA Did Not Verify Compliance at All of Its Labs

OECA did not verify that the EPA labs complied with the RCRA
hazardous waste requirements after it issued the 2020 and 2021
memorandums affirming its commitment to environmental compliance
at EPA labs. Federal facilities, such as EPA labs, are required to comply
with RCRA and related environmental regulations and are subject to
penalties for violations. According to RCRAInfo and as shown in
Figure 3, EPA or authorized states conducted RCRA inspections of three
of the 27 EPA labs after OECA issued the first memorandum in 2020. In
addition, according to RCRAInfo, the EPA or authorized states last
inspected six labs in the period 2010-2019, and 18 labs were last
inspected prior to 2010 or have never been inspected.

Since OECA issued the 2020 and 2021 memorandums stating its
awareness of RCRA compliance issues at several EPA labs and affirming
its commitment to environmental compliance at the labs, OECA has not
performed oversight to verify that all EPA labs comply with RCRA
hazardous waste requirements. Inspections are a primary source of
compliance monitoring information used for oversight. A RCRA
inspection of each EPA lab would assess and document whether the
labs are in compliance with RCRA regulatory requirements. While RCRA
inspections are not required for most EPA labs because they are small
or very small quantity generators, without inspections, OECA is missing
an important source of monitoring information to verify compliance
with the regulations. Further, without RCRA inspections, there is no
assurance that the EPA labs are in compliance with RCRA regulatory
requirements.

When we asked OECA what mechanisms were implemented to track
and verify compliance with RCRA at EPA labs, none were identified.
Additionally, OECA's Federal Facilities Enforcement Office said that it
had limited inspection resources and that the EPA labs did not emerge
as priorities during inspection planning and targeting efforts. OECA also
noted that pandemic restrictions curtailed compliance monitoring
efforts in 2020 and 2021. However, we concluded that OECA should
have been able to conduct 27 EPA lab inspections because according to
the EPA's data, the EPA and authorized states conducted more than
11,000 on-site RCRA inspections in each of those years. By OECA not
inspecting EPA labs regularly, especially when it is aware of compliance
issues, OECA appears to treat EPA labs differently than it treats other
regulated facilities. This conflicts with OECA's reported commitment to
environmental compliance at the EPA labs and its statements that EPA
labs are subject to the same enforcement actions and penalties as
other regulated facilities.

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ARE YOU A

SMALL QUANTITY GENERATOR (SQG)

OF HAZARDOUS WASTE?

You are now required to re-notify every 4 years. Update your
Notification of RCRA Subtitle C Activities (Site Identification Form),
also known as EPA Form 8700-12, or state equivalent by

SEPTEMBER 1, 2021

For more information, contact your state or EPA region here:

Example of EPA outreach materials used to
inform small quantity generators about the
new renotification requirement. (EPA image)

Figure 4: Small and large quantity
generators did not meet reporting
requirements

12% of small and

large quantity
generators did not

report required
information to the
EPA on time

Source: OIG analysis of EPA data. (EPA OIG
image)

Two EPA Labs Did Not Report Required Information to
the EPA by the Deadline

RCRA generator regulations, updated by the Hazardous Waste
Generator Improvements Rule in 2016, require that small quantity
generators renotify the EPA of their hazardous waste generator status
every four years. The first deadline for renotification was on
September 1, 2021. The purpose of the renotification requirement is to
improve the EPA's data on the small quantity generator universe that
the Agency uses for outreach, compliance assistance, and oversight
activities.

Similarly, RCRA generator regulations require large quantity generators
to file a biennial report regarding the nature, quantities, and
disposition of hazardous waste generated at their facility. The deadline
for large quantity generators to file the biennial report is March 1 of
the following even-numbered year. The biennial report is a collection of
data on the generation, management, and final disposition of
hazardous wastes regulated under RCRA, and it is used by the public,
government agencies, and the regulated community.

As shown in Figure 4, two of the EPA's 17 small and large quantity
generator labs did not report required information to the EPA on time.
One of the EPA's small quantity generator labs did not renotify the EPA
of its generator status by the September 2021 deadline. Additionally,
one of the EPA's four large quantity generator labs did not file RCRA
biennial reports in 2017 and 2019, as required. The lab submitted the
reports after we asked about them in 2022. The two EPA labs told us
that they missed their reporting deadline due to a lack of knowledge of
the requirements or a lack of internal controls. They also stated that
they were implementing new controls or updating their policies to
prevent them from missing the deadline again.

OECA's 2020 and 2021 memorandums stated that EPA labs should
"perform better than, and be a model for, other facilities." If EPA labs
do not report required information to the EPA or report the
information late, EPA data about hazardous waste generators and their
activities becomes outdated and potentially inaccurate. In addition,
EPA labs cannot be viewed as models for other facilities, as described in
the memorandums, if they do not comply with RCRA reporting
regulations. OECA acknowledged in the April 2020 memorandum that
compliance issues are important, "especially for an agency like ours
that is charged with ensuring that all regulated entities comply with
environmental requirements."

No EPA Labs Reported Violations in eDisclosure

The EPA's audit policy encourages regulated entities to voluntarily
disclose and correct violations of federal environmental laws and
regulations that they have discovered. In the 2020 and 2021
memorandums, OECA suggested that the EPA labs self-disclose
violations—although OECA did not give the EPA labs guidance on what
types of violations they should report—using the Agency's eDisclosure
system and self-policing policies. Facilities that self-disclose violations
may be eligible for reduced penalties. Despite OECA's suggestion and

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incentives, according to a staff member in OECA, the EPA labs did not
report SHEM audit and self-assessment findings in eDisclosure.

There was some confusion among the staff we spoke with about who
should report violations in eDisclosure and what types of violations
they should report. According to the Office of Mission Support, the
SHEM audits conducted at EPA labs generally find some RCRA
violations, such as hazardous wastes that are not properly labeled. The
Office of Mission Support said that it considers itself a third-party
auditor and, therefore, the labs could self-disclose any violations
discovered during its SHEM audits. Staff from one lab met with OECA
officials to ask for guidance on what types of violations they should
report in eDisclosure and were purportedly told not to report minor
findings. OECA said that it had a leadership change after it issued the
2020 and 2021 memorandums and current staff were not aware of the
prior leaders' expectations. An OECA staff member confirmed that a
major incentive for using eDisclosure is the possibility of reduced
penalties, and the more EPA labs are inspected, the more likely they
are to self-inspect and report any violations found in e-Disclosure. If the
EPA labs find violations and do not report them in eDisclosure, the labs
do not appear to serve as models for other facilities.

Recommendations

We recommend that the assistant administrator for Enforcement and
Compliance Assurance:

1.	Implement mechanisms to verify EPA lab compliance with
hazardous waste requirements, including small quantity
generator status renotification and large quantity generator
biennial reporting.

2.	Determine, in coordination with the Office of Mission Support,
which hazardous waste-related findings EPA labs should report in
eDisclosure and communicate the reporting expectations to the
labs.

Agency Response and OIG Assessment

Appendix C includes OECA's response to our draft report. OECA also
provided technical comments, which we considered as we finalized this
report.

For Recommendation 1, the EPA agreed to implement mechanisms to
verify EPA lab compliance with hazardous waste requirements and
provided three corrective actions it will take. We accept its proposed
corrective actions l.a., to share the 2020 and 2021 memos with
authorized state partners, and I.e., to add questions to the self-
assessment tool for labs regarding the small quantity generator
renotification requirement and the large quantity generator biennial
reporting requirement. OECA's proposed corrective action l.b. does
not meet the intent of our recommendation. This proposed corrective
action commits to identifying a target list of EPA labs to be inspected
for compliance with hazardous waste requirements. The EPA or
authorized states would inspect these labs, with the goal of three

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inspections per fiscal year for the next three years. We believe it is
necessary to have a corrective action that addresses the completion of
initial inspections of all EPA labs and not just the creation of the
targeted list. The Agency communicated the importance of lab
compliance with RCRA and other statutes in its 2020 and 2021
memorandums. As we have illustrated in this report, OECA has
performed no specific follow-up to verify that the EPA labs are
compliant with RCRA. Proposed corrective action l.b. would only result
in inspections of nine labs in three years, or one-third of the total
number of EPA labs, with no commitment for additional lab inspections
in future years. For these reasons, Recommendation 1 is unresolved.

OECA's response to the draft report and technical comments
emphasize that the RCRA facility universe is very large, resources are
limited, most labs are either small quantity generators or very small
quantity generators, and facilities that manage large volumes of
hazardous waste pose a greater risk to communities. However, OECA's
2021 RCRA Compliance Monitoring Strategy specifies that authorized
state programs should be able to comprehensively inspect all regulated
facilities, including small and very small quantity generators. According
to the strategy, authorized states are supposed to inspect 20 percent of
the combined universe of large quantity generators and reverse
distributors (applicable to pharmaceutical manufacturers) every year.
The strategy does not establish a specific goal for the number of annual
small quantity generator or very small quantity generator inspections.
OECA's large quantity generator flexibility policy allows the EPA regions
and authorized states to inspect fewer of their large quantity
generators and instead inspect the other types of generators or other
RCRA handler facilities. The 2020 and 2021 memorandums did not
emphasize EPA lab compliance based on generator status. An initial
inspection of all EPA labs irrespective of their generator status seems
consistent with the priority implied by the two memorandums.

We note that the EPA and authorized states perform many small
quantity generator and very small quantity generator inspections every
year. For example, in fiscal year 2022, RCRAInfo data as of January 2023
show a total of 13,795 total on-site inspections. According to RCRAInfo,
5,908, or 43 percent, of these were small quantity generator and very
small quantity generator inspections. The 23 EPA labs that are small
quantity generators and very small quantity generators would be 0.4
percent of the total small quantity generator and very small quantity
generator universe that were inspected in 2022, which is a very low
percentage to inspect given the emphasis that the 2020 and 2021
memorandums placed on EPA lab RCRA compliance. In OECA's
response to the draft report, it highlighted the recent hiring of two new
lab inspectors, who would be able to inspect EPA labs for RCRA
compliance if states are unable to perform inspections.

As a corrective action for Recommendation 2, OECA plans to issue
another memorandum to the EPA labs encouraging the use of
eDisclosure. We expect this new memorandum will provide guidance
or contact information for EPA labs that may be unclear about what to

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report in eDisclosure. Recommendation 2 is resolved with corrective
action pending.

We note other issues in OECA's response to the draft report:

•	OECA said that the Office of Mission Support's Safety and
Sustainability Division staff who conduct SHEM audits at EPA
labs every three years document the audits in the division's
audit finding tracking system. This system is internal to the
EPA, while RCRA inspections documented in RCRAInfo are
available to the OIG, state partners, and the public through
OECA's Enforcement and Compliance History Online.
Documenting regulatory compliance information in a database
available to others increases transparency and trust in
government.

•	OECA stated that only three of the EPA labs are large quantity
generators. We identified four large quantity generator labs in
RCRAInfo as of August 2022: Edison Environmental Science
Center (NJ1680090015); Fort Meade Environmental Science
Center (MDR000000984); Research Triangle Park
(NC2750890004); and Chapel Hill Laboratory (NCD980515308),
which is located within the University of North Carolina at
Chapel Hill. Even though the EPA does not control the
hazardous waste disposal at the latter site, it is part of a large
quantity generator, so for the purposes of this report, it was
counted as such. Additionally, the Edison Environmental
Science Center lab changed to a small quantity generator in
RCRAInfo on July 18, 2023, after we received the EPA's
response to our draft report. Since it was a large quantity
generator in RCRAInfo in August 2022 while we conducted our
work, we counted it as such in our report.

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Status of Recommendations

Rec.
No.

Page
No.

Subject

Status1

Action Official

Planned
Completion
Date

1

8

Implement mechanisms to verify EPA lab compliance with
hazardous waste requirements, including small quantity
generator status renotification and large quantity generator
biennial reporting.

U

Assistant Administrator for
Enforcement and
Compliance Assurance



2

8

Determine, in coordination with the Office of Mission Support,
which hazardous waste-related findings EPA labs should report
in eDisclosure and communicate the reporting expectations to
the labs.

R

Assistant Administrator for
Enforcement and
Compliance Assurance

10/31/23

1 C = Corrective action completed.

R = Recommendation resolved with corrective action pending.
U = Recommendation unresolved with resolution efforts in progress.

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Appendix A

Map of EPA Lab Locations and Type

| Region

&

Region 10 Lab



|Newport Labm||" Corvallis Lab

Willamette Research Station

Q

Denver Federal Center

Region 9 Lab

N

^ Co-located
f National Program Labs
Q Research and Development Labs
Q Regional Labs



Duluth Lab

ylM

Region

7u$

Region 5 Lab

i 5 Lab^

r

Air and Radiation
Ann Arbor

Q

Andrew W. Breidenbach Center
Test and Evaluation Facility
Research Facility Center Hill
Research Facility Milford

7

Edison Science Center

Ft. Meade Science Center

|Ada Lab

r

i

i esearch Triangle Park
Warehouse
Chapel Hill Lab

Air and Radiation
Montgomery

It

Region 6 Lab



) *~



\L

Region 4 Lab

Athens Environmental Lab

A.

Gulf Breeze Lab

Note: Co-located labs indicate where multiple types of labs are located in the same area. For example, the Fort Meade Science Center includes the Microbiology Lab, which is a
national program lab; the Analytical Chemistry Laboratory, which is a national program lab; and the Region 3 lab.

Source: OIG analysis of EPA data. (EPA OIG image)

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Appendix B

Scope and Methodology

We conducted this evaluation from July 2022 to May 2023 in accordance with the Quality Standards for Inspection and
Evaluation published in December 2020 by the Council of the Inspectors General on Integrity and Efficiency. Those
standards require that we perform the evaluation to obtain sufficient and appropriate evidence to support our findings.

We gathered and analyzed data on each EPA lab from RCRAInfo and EPA websites. We researched and reviewed
background and criteria documents, such as RCRA and related environmental statutes and regulations; the EPA's
compliance monitoring strategy; the EPA's audit policy, including eDisclosure; the EPA's SHEM program; environmental
management systems; and various internal EPA reports on its labs. We interviewed staff from OECA, the Office of
Research and Development, the Office of Resource Conservation and Recovery in the Office of Land and Emergency
Management, and the Safety and Sustainability Division in the Office of Mission Support. We also communicated with
five EPA labs to determine the extent to which they met certain RCRA reporting requirement deadlines.

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Agency Response

Appendix C



UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

£	^	WASHINGTON, D C. 20460

K&2

PR 0&

OFFICE OF
ENFORCEMENT AND
COMPLIANCE ASSURANCE

.Time 1. 2023

MEMORANDUM

SUBJEC T: Response to Office of Inspector General Draft Report: "The EPA Has Not Verified That
Its Laboratories Comply with Hazardous Waste RequirementsProject No. OSRE-
FY22-0141. May 2, 2023

FROM: Lawrence E. Starfield	LAWRENCE Sencestarfielo

Acting Assistant Administrator ct a p c i PI n Date: 2023 0601

jIAnrltLU ,3:31:12-0400'

T O:	Stephen Harrna

Acting Director

Office of Special Review and Evaluation

EPA's Office of Enforcement and Compliance Assurance (OECA) appreciates the opportunity to comment on
the Office of Inspector General's (OIG) May 2, 2023, draft report, "The EPA Has Not Verified That Its
Laboratories Comply with Hazardous Waste RequirementsThis response has been developed in coordination
with several other offices within EPA, including the Office of Mission Support (OMS) and the Office of
Research and Development (ORD).

EPA agrees with the OIG on the importance of EPA laboratories and facilities (labs) complying with all
environmental regulatory requirements, and that they should perform better than, and be a model for, other
regulated entities. As the April 24, 2020 and July 29, 2021 memoranda "Assuring Environmental Compliance at
EPA Laboratories and Facilities," make clear, OECA is committed to ensuring environmental compliance by
EPA labs.

OECA Inspections

OECA agrees that inspections can be an important component of ensuring compliance. However, OECA must
balance competing priorities and funding constraints for inspections, and inspections are not the only tool used

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to ensure compliance by regulated entities.1 This is especially true in the case of EPA labs, which 24 out of 27
are either small quantity generators (SQGs) or very small quantity generators (VSQGs) of hazardous waste,
regulated under the Resource Conservation and Recovery Act (RCRA). When inspection targeting lists are
created, key factors are considered, including relative risk to human health and the environment. As a result, in
past years, EPA lab SQGs and VSQGs have not been inspection priorities in regional planning and targeting
efforts. However, OECA notes that for the three large quantity generator (LQG) labs, two were inspected in
2022, and the third will be inspected in 2023. Further, in response to Recommendation #1, OECA commits to
sharing the 2020 and 2021 Agency memoranda with our RCRA-authorized state partners to encourage
inspections of EPA labs, and OECA will identify a target list of EPA labs for inspection with a goal of three
inspections for each of the next three fiscal years.

In addition to inspections, EPA often relies on other tools to meet its oversight responsibilities.

QMS Audits

In the case of EPA labs, OMS conducts Safety, Health, and Environmental Management (SHEM) audits
generally every three years. The OMS audits are intended to assess the effectiveness of SHEM
programs/systems; determine the status of the lab's conformance with applicable environmental, fire protection,
and safety and health laws, regulations, and agency policies; and provide recommendations to improve
compliance or correct identified compliance problems.

Although these OMS audits are not regulatory compliance inspections, their findings are documented in
comprehensive and detailed reports and entered into the Safety and Sustainability Division's (SSD) audit
finding tracking system (EPOCH). The EPOCH system tracks all findings until closure and sends quarterly
reminder emails to both the SHEM Manager and the laboratory's senior management on the status of any
current open findings. These SHEM audits provide EPA labs with findings, and EPA labs are required to
address those findings.

In addition to SHEM audits conducted every three years, EPA labs are required to submit an annual senior
manager certification to SSD that their location has conducted a self-assessment and completed the Self-
Assessment Tool (SAT) verifying that the senior manager at the site has been briefed on the results. OMS/SSD
uses the SAT tool to verify the laboratory has conducted self-assessments each year. The SAT provides SHEM
assessors with a diagnostic approach in conducting SHEM program compliance evaluations at EPA facilities.
The SAT currently includes almost 30 questions related to hazardous waste management. As part of OECA's
response to Recommendation #1 concerning RCRA compliance responsibilities, OECA commits to working
with OMS to include additional questions in the SAT to ensure that EPA labs are certifying that they have
timely submitted small quantity generator re-notifications and large quantity generator biennial reports.

Regulatory Compliance Assessments

In addition to OECA's regulatory inspections, and OMS's SHEM audits and lab self-assessments, other EPA
actions support the goal of EPA laboratory compliance with regulatory requirements. For example, OECA's
National Enforcement Investigations Center (NEIC) (which shares a lab with EPA Region 8) has created a
multi-disciplinary waste team to manage hazardous waste and to address any concerns or issues that may arise
from hazardous waste management. RCRA-credentialed inspectors from NEIC conduct self-assessments of
their compliance with RCRA requirements, and their waste team manager and lab manager work together to
determine and address root causes of any non-compliance. The waste team includes NEIC management, NEIC

1 Approximately 1.3 million facilities have notified the government that they are regulated under the Resource Conservation and
Recovery Act (RCRA), 42 U.S.C. § 6901 et seq.

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and Region 8 waste management staff, NEIC and Region 8 RCRA-credentialed inspectors, NEIC and Region 8
health and safety managers, and the NEIC evidence coordinator. This team meets bi-weekly to discuss waste
management and to address concerns/issues before they become a regulatory compliance issue. Internal self-
assessments are conducted, and all observations are addressed. The waste team attends annual state sponsored
RCRA training to ensure that they are informed of new regulations and requirements. The proactive approach
by NEIC/Region 8 to waste management ensures that the accumulation time periods for hazardous waste
storage are always met (e.g., shipping waste every 90-100 days, despite being a small quantity generator
allowed 180 days accumulation time).

ORD Training and Program Reviews

As EPA explained during interviews with the OIG, EPA's ORD has a number of mechanisms and best practices
in place to help their labs comply with their hazardous waste requirements. For example, upon request, ORD's
Office of Resource Management (ORM) provides environmental technical support for their laboratory site
operations. The support includes, but is not limited to, training new SHEM Managers, assisting with
environmental permit applications, environmental regulatory plan development, reviewing hazardous waste
shipment documentation as well as supporting episodic generation events due to laboratory clean-outs. ORD
conducts environmental regulatory program reviews of their site laboratory operations, including site walk-
throughs, staff interviews, record reviews and recommendations to strengthen the regulatory compliance
programs. ORD/ORM also offers multiple trainings, including annual Hazardous Waste Management training
and triannual Department of Transportation (DOT) Hazardous Material training for their SHEM and Facility
Managers.

OECA's Audit Policy

Pursuant to OECA's Audit Policy, regulated entities are encouraged to voluntarily discover environmental
violations, promptly disclose these violations to EPA, and expeditiously correct and prevent recurrence of future
environmental violations. OECA's online eDisclosure system modernizes the implementation of the Audit
Policy and continues to provide federal penalty mitigation for those self-disclosed violations that meet the Audit
Policy. As the eDisclosure portal is open to all regulated entities, it cannot serve as a repository solely for audit
findings from EPA lab SHEM audits. However, any potential violations that EPA labs identify during SHEM
audits may be self-disclosed into eDisclosure, provided that the EPA lab believes it meets the conditions of the
Audit Policy.

The 2020 and 2021 OECA memoranda reminded EPA labs that they, like other regulated entities, can
voluntarily self-disclose and correct violations or potential violations of environmental law pursuant to the
OECA's Audit Policy. In response to Recommendation #2, EPA commits to sending a new memorandum to all
EPA labs encouraging the use of eDisclosure for violations - including hazardous waste-related violations -
that a lab believes meet the Audit Policy, so that EPA labs can serve as a model for other regulated entities.

Key Information Discussed During EPA-OIG Meetings and Technical Comments List

During discussions prior to the issuance of the draft report, OECA's Federal Facilities Enforcement Office
(FFEO) provided OIG with information on its recent affirmative steps to help ensure EPA labs comply with
their RCRA regulatory requirements. However, specific mention of these activities is not found in the draft
report. OECA has provided suggested language in the Draft Report Technical Comments to identify FFEO's
recent enforcement-related efforts in this area, including the following actions in 2022:

- FFEO reviewed its list of all EPA labs and targeted labs for inspections where inspections had not been
previously conducted or were in communities with environmental justice concerns.

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-	FFEO contacted several authorized state partners to seek inspections of the EPA labs identified in the
targeting effort. FFEO did not coordinate this effort with EPA regions to avoid the appearance of a
potential conflict of interest.

-	FFEO added two RCRA-credentialed inspectors to its staff, giving it the capability to inspect EPA labs
for RCRA compliance if RCRA-authorized state partners are unable to commit to the inspections.

EPA also notes that the descriptions of some OIG-EPA conversations in the draft report differ from the notes
and recollections of the EPA participants. For completeness, EPA has added remarks about these conversations
in the Draft Report Technical Comments list. For example, OIG described an "OECA" answer to its question
asking why EPA had not inspected more EPA labs since compliance issues at EPA labs became known. The
draft report characterizes OECA's answer as: "OECA said it focuses its inspections on external facilities," and
"OECA also noted that pandemic restrictions curtailed compliance monitoring efforts in 2020 and 2021."
However, OECA's FFEO provided a comprehensive explanation in an October 13, 2022, written response that
does not reference external facilities:

FFEO does not have knowledge of past targeting efforts by EPA regions; however, in past
federal facility compliance monitoring efforts, labs did not emerge as priorities for inspection
in regional planning and targeting efforts. Limits in EPA inspection resources, and EPA's and
OECA's competing priorities also impacted the types of federal facilities that regions and
Headquarter offices could inspect. Also, in 2020 and 2021, EPA's compliance monitoring
efforts were at a stop or significantly curtailed due to pandemic restrictions. However, FFEO is
in the process of targeting EPA labs for inspection in FY23. FFEO now has the capacity to
conduct RCRA inspections as it has recently added 2 RCRA-credentialed inspectors to its staff.

Summary

EPA agrees with the importance of labs' compliance with environmental law requirements, and is committed to
take - and has already begun taking - additional actions to ensure that EPA labs are a model for other regulated
entities. The table below provides corrective actions to resolve Recommendations #1 and #2, including
estimated timeframes for completion.

At the same time, we would ask that the report acknowledge that most labs are small (or very small) generators
of hazardous waste, and this results in a lower prioritization for inspections as compared to facilities that handle
large amounts of hazardous waste that pose a greater threat to communities; as noted above, OECA cannot
inspect the full regulated universe of RCRA-regulated facilities.2 We would also ask that the draft report make
note of the other compliance tools that help EPA labs maintain compliance with hazardous waste requirements,
such as the OMS SHEM audits and lab self-assessments and ORD reviews.

2 See note 1, above.
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Table of Corrective Actions

Rec

#

OIG Report
Recommendations

Corrective Actions

Completion Dates

1

OECA

Recommendation:
Implement mechanisms
to verify EPA lab
compliance with
hazardous waste
requirements, including
small quantity generator
status renotification and
large quantity generator
biennial reporting.

EPA agrees with this recommendation.

l.a. OECA commits to sharing the OECA 2020
and 2021 memos with our RCRA-authorized
state partners and to encourage inspections of
EPA labs by authorized states.

l.b. OECA commits to identifying a target list
of EPA labs to be inspected for compliance
with hazardous waste requirements by EPA or
authorized states with the goal of 3 inspections
per fiscal year for the next 3 years. At least 3
EPA labs have already been inspected since
2020.

I.e. OECA commits to working with OMS to
add question(s) to the Self-Assessment Tool
(SAT), related to timely submitting SQG
renotifications and LQG biennial reporting.

October 31, 2023
October 31, 2023

October 31, 2023

2

OECA

Recommendation:
Determine, in
coordination with the
Office of Missions
Support which
hazardous waste-related
findings EPA labs
should report in
eDisclosure and
communicate the
reporting expectations to
the labs.

EPA agrees with this recommendation.

OECA commits to sending a new memo to all
EPA labs encouraging the use of eDisclosure
for violations — including hazardous waste-
related violations that the lab believes meets the
Audit Policy — so that EPA labs are a model for
other regulated entities.

October 31, 2023

If you have any questions regarding this final response, please contact Gwendolyn Spriggs, OECA Audit
Liaison, at spriggs.gwendolyn@epa.gov.

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Distribution

The Administrator

Deputy Administrator

Chief of Staff, Office of the Administrator

Deputy Chief of Staff for Management, Office of the Administrator
Agency Follow-Up Official (the CFO)

Assistant Administrator for Enforcement and Compliance Assurance
Assistant Administrator for Land and Emergency Management
Assistant Administrator for Mission Support

Assistant Administrator for Research and Development and EPA Science Advisor

Principal Deputy Assistant Administrator for Enforcement and Compliance Assurance

Principal Deputy Assistant Administrator for Land and Emergency Management

Principal Deputy Assistant Administrator for Mission Support

Principal Deputy Assistant Administrator for Research and Development

Deputy Assistant Administrator for Land and Emergency Management

Deputy Assistant Administrator for Mission Support

Agency Follow-Up Coordinator

General Counsel

Associate Administrator for Congressional and Intergovernmental Relations
Associate Administrator for Public Affairs

Director, Office of Continuous Improvement, Office of the Chief Financial Officer

Director, Office of Mission Support, Office of Resources and Business Operations

Audit Follow-Up Coordinator, Office of the Administrator

Audit Follow-Up Coordinator, Office of Enforcement and Compliance Assurance

Audit Follow-Up Coordinator, Office of Land and Emergency Management

Audit Follow-Up Coordinator, Office of Mission Support

Audit Follow-Up Coordinator, Office of Research and Development

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Whistleblower Protection

U.S. Environmental Protection Agency

The whistleblower protection coordinator's role
is to educate Agency employees about
prohibitions on retaliation and employees' rights
and remedies in cases of reprisal. For more
information, please visit the whistleblower
protection coordinator webpage.

Contact us:

Congressional Inquiries: OIG.CoiwessionalAffairs(53epa.gov

Media Inquiries: OIG,PublicAffairs@epa.gov
line EPA OIG Hotline: PIG Hotline@epa.gov

~5T5~ Web: epa.gov/oig

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Twitter: (5>epaoig

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