23-P-0029
August 22, 2023

At a Glance

The EPA Needs to Further Refine and Implement Guidance to Address Cumulative
Impacts and Disproportionate Health Effects Across Environmental Programs

Why We Did This Audit

To accomplish this objective:

The U.S. Environmental Protection
Agency Office of Inspector General
conducted this audit to determine what
actions the EPA has taken to identify
and address any disproportionate
health effects to disadvantaged
communities located on or near the
35th Avenue Superfund site in North
Birmingham, Alabama. We also sought
to analyze how different EPA programs
coordinate regarding site permitting and
cleanup.

The communities surrounding the
35th Avenue Superfund site, located in
EPA Region 4, face multiple types of
pollution in their air, land, and water.
Collectively, Executive Orders 12898,
13985, and 14008 direct federal
agencies to make environmental justice
part of their mission by developing
programs, policies, and activities to
address the disproportionately high and
adverse human health, environmental,
climate-related, or other cumulative
impacts on disadvantaged communities.
As of March 2023, the EPA had spent
an estimated $46 million to clean up the
35th Avenue Superfund site.

To support these EPA mission-
related efforts:

•	Compliance with the law.

•	Operating efficiently and effectively.

To address a top EPA management
challenge:

•	Integrating and leading
environmental justice, including
communicating risks.

Address inquiries to our public
affairs office at (202) 566-2391 or
OIG.PublicAffairs@epa.gov.

What We Found

While an EPA Region 4 initiative examined air, water, and waste issues in North
Birmingham communities from 2012 through 2016, we found that Region 4 programs
generally took a siloed approach in considering cumulative impacts at the 35th Avenue
Superfund site—meaning they looked primarily at cumulative impacts within individual
programs rather than across programs. The underlying cause of this siloed approach was
the lack of both statutory mandates and agencywide policies and guidance for considering
cumulative impacts and disproportionate health effects across programs. However,

Executive Orders 13985 and 14008, issued in 2021, make considering cumulative impacts
and associated disproportionate health effects across programs essential to advancing
environmental justice.

The EPA took several actions since we began our audit—including developing guidance and
plans—to further address environmental justice and better consider cumulative impacts in its
decision-making. However, the guidance and plans do not explicitly state how programs
should coordinate with one another to address cumulative impacts. Furthermore, the EPA
has not established performance measures related to identifying and addressing cumulative
impacts and disproportionate health effects across programs. Developing and implementing
policies, guidance, and performance measures regarding cross-program coordination will
allow the EPA to consistently identify and address disproportionate health effects, which is
critical to advancing environmental and public health outcomes in all communities.

Without policies, guidance, and performance measures, EPA programs
may not be addressing cumulative impacts and disproportionate health
effects on overburdened communities. Such policies, guidance, and
performance measures are critical to advancing the EPA's environmental
justice and equity goals.

Recommendations and Planned Agency Corrective Actions

We recommend that the EPA develop and implement policies and guidance to increase
and improve coordination between EPA programs to assess and address cumulative
impacts and disproportionate health effects. We also recommend that the EPA develop
and implement performance measures to monitor progress. The Agency agreed with our
recommendations and provided acceptable proposed corrective actions and estimated
completion dates. All recommendations are resolved with corrective actions pending.

List of OIG reports.


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