While facility investigation is under way,  interim measures may be needed to control or abate ongoing risks to  human health and the environment. During the Past Decade, EPA Established Goals and Issued Guidance to Expedite Cleanup under the Corrective Action Program

As part of its effort to focus and streamline the RCRA corrective action  program, EPA has since 1997 set a series of progressively more  ambitious performance goals and identified which facilities must meet  them. While directing attention to high-priority facilities, EPA was also working to  establish what it considered a long-range vision for the corrective action  program—that by the year 2020, cleanup of contamination at an  expanded universe of RCRA facilities would be largely complete. The agency also set long-range goals for 2020:  controlling human exposures to contaminants at 95 percent of  3,747 facilities, controlling the migration of contaminated groundwater at 95 percent of  these facilities, and completing final remedy construction at 95 percent of these facilities. EPA has established a formal process for its regions and authorized  states to follow to determine whether facilities undergoing cleanup have  controlled human exposures to contaminants and the migration of  contaminated groundwater. EPA, States, and Facilities Have Made Considerable Progress in Meeting Corrective Action Performance Goals, but Meeting Long- Term Cleanup Goals May Be Difficult

EPA, states, and facilities have taken a variety of actions to streamline  the cleanup process, and the vast majority of high-priority facilities have  made considerable progress in meeting EPA’s performance goals to  control contamination. EPA officials in several regions also reported assisting states with  facilities. 2). As the  figure shows, by the end of fiscal year 2010, 283 (8 percent) of the 3,747  facilities had not yet begun the cleanup process. It Will Be Difficult for EPA, States, and Facilities to Meet EPA’s 2020 Goal for Constructing Final Cleanup Remedies

Given EPA’s progress to date in meeting its goals and the progress it  needs to make to meet them, it will be difficult to meet the goal of  constructing final remedies at not only high-priority facilities but also at the  medium- and low-priority facilities included in EPA’s expanded universe  covered by the 2020 goals. The majority of officials from EPA regions and states we interviewed  agreed that while controlling human exposures to contaminants and  controlling the migration of contaminated groundwater were achievable at  most facilities by fiscal year 2020, constructing final remedies at  95 percent of the facilities by fiscal year 2020 was unlikely to be achieved. EPA Regions, the States, and Industry Representatives Collectively Identified Resource Constraints and Groundwater Remediation as Key Challenges to Meeting Future Cleanup Goals

Officials in EPA regions and the states identified fiscal and human  resource constraints as the preeminent challenge for achieving the 2020  goals on time. We acknowledge the complexities associated with a definitive and  detailed analysis of the program’s costs, given the number and  complexity of cleanups required and the varied federal, state, and  industry sources that fund it. Recommendation for Executive Action

To sustain progress in the RCRA corrective action program and better  align the 2020 program goals with resources it will take to attain them, we  recommend that the EPA Administrator direct cognizant officials to  assess the agency’s remaining corrective action workload, determine the  extent to which the program has the resources it needs to meet these  goals, and take steps to either reallocate its resources to the program or  revise the goals. Key contributors to the report are listed in appendix V.

Appendix I: U.S. States and Territories Authorized to Manage a Corrective Action Program

Appendix II: Objectives, Scope, and Methodology

Our objectives were to determine (1) the actions the Environmental  Protection Agency (EPA) has taken to establish goals for the Resource  Conservation and Recovery Act (RCRA) corrective action program and to  expedite cleanup; (2) the progress EPA, the states, and facilities have  made in meeting performance goals; and (3) the challenges, if any, that  EPA, the states, and facilities may face in meeting future cleanup goals. We also reviewed  the procedures established to evaluate whether facilities have met the  goals. To determine  the current status of the program toward meeting the 2020 goals, we  collected and analyzed data from EPA’s national program management  and inventory system of hazardous waste handlers, RCRAInfo.
Why GAO Did This Study

Years of industrial development generated hazardous waste that, when improperly disposed of, poses risks to human health and the environment. To mitigate these risks, Congress passed the Resource Conservation and Recovery Act of 1976 (RCRA). Subtitle C of RCRA, as amended, requires owners or operators to take corrective actions to clean up contamination at facilities that treat, store, or dispose of hazardous waste. The corrective action program is administered by the Environmental Protection Agency (EPA) or states authorized by EPA. GAO was asked by Representative Markey, in his former capacity as Chairman of the House Subcommittee on Energy and Environment, to assess this program. This report discusses (1) actions EPA has taken to establish goals for the program and expedite cleanup; (2) the progress EPA, states, and facilities have made in meeting these goals; and (3) the challenges EPA, states, and facilities face, if any, in meeting future cleanup goals. GAO reviewed and analyzed EPA documents and data and interviewed EPA and state agency officials and stakeholder groups.

What GAO Found

To focus and streamline the RCRA corrective action program, EPA has over the past decade set a series of progressively more ambitious performance goals and identified which facilities must meet them. Its first set of performance goals, for example--to be achieved in fiscal year 2005--were to control human exposures to contamination and migration of contaminated groundwater at 95 percent of 1,714 "high-risk" facilities. EPA also established a long-range vision for the program, going beyond controlling contamination to cleaning it up. Hence, it targeted 2020 as the year by which 95 percent of 3,747 facilities (expanded from 1,714 to include low- and medium-risk facilities) would have completed construction of all cleanup remedies. EPA also (1) established a process for its regions and authorized states to follow in determining whether facilities undergoing cleanup have met major milestones toward controlling human exposure and preventing the spread of contaminated groundwater and (2) issued guidance to assist in streamlining the corrective action process, maximize program flexibility, and expedite cleanup. EPA, states, and facilities have made considerable progress in meeting corrective action performance goals to control and contain contamination at high-risk facilities. Each of the five EPA regional offices GAO visited cited efforts to improve information on state program status, better estimate remaining work, and identify actions taken to meet the 2020 goals. Several also directly assisted states in assessing whether facilities had controlled contamination. Regional and state offices also reported streamlining reporting requirements and compliance procedures. EPA data show that by the end of fiscal year 2005, the vast majority of high-risk facilities had controlled human exposure to hazards and the migration of contaminated groundwater. Importantly, the EPA data also highlight the challenge facing EPA, states, and facilities in meeting the 2020 goal of constructing final cleanup remedies for 95 percent of the expanded universe of 3,747 facilities. For example, almost three-quarters of these facilities have yet to construct final cleanup remedies. Most EPA and state officials interviewed agreed that the 2020 goal was unlikely to be met. EPA, states, and facilities identified fiscal and human resource constraints and groundwater cleanup as key challenges for achieving the 2020 goals on time. Program cuts resulting from states' fiscal problems and facilities' funding difficulties resulting from the economic downturn have exacerbated resource constraints. Technical complexity associated with groundwater remediation may also impede progress, and disagreements between industry and regulators over groundwater cleanup standards may perpetuate delays. To date, however, EPA has not performed a rigorous analysis of its remaining corrective action workload, including the resources it needs to meet its 2020 goals and the complexity and cost of what remains to be done. Without such an assessment, EPA cannot determine the extent to which the program has the resources it needs to meet these goals.

What GAO Recommends

GAO recommends that EPA assess the remaining corrective action workload, determine the extent to which the program has resources needed to meet 2020 goals, and take steps to either reallocate its resources or revise its goals. EPA agreed with the recommendation.