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Superfund: Further EPA Management Action Is Needed To Reduce Legal Expenses

RCED-94-90 Published: Jan 13, 1994. Publicly Released: Jan 13, 1994.
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Highlights

Pursuant to a congressional request, GAO reviewed the Environmental Protection Agency's (EPA) use of Superfund settlement tools, focusing on: (1) how often EPA uses these tools; (2) impediments to their use; and (3) recent EPA actions to increase the use of these tools.

Recommendations

Recommendations for Executive Action

Agency Affected Recommendation Status
Environmental Protection Agency To ensure that EPA provides incentives and accountability for the sustained use of the settlement tools, the Administrator, EPA, should inventory NPL sites to identify all candidates for the use of the tools.
Closed – Implemented
According to the agency's response, EPA has inventoried all non-federal sites to identify potential candidates for de minimis settlements, and has inventoried "many" sites for use of other settlement tools as part of its Superfund administrative efforts.
Environmental Protection Agency To ensure that EPA provides incentives and accountability for the sustained use of the settlement tools, the Administrator, EPA, should determine what resources are needed to use the tools and target resources to the regions for their use. EPA could develop headquarters- or region-based SWAT teams to implement the tools and make further use of PRP assistance in supporting the use of the tools.
Closed – Implemented
EPA targets specific funding for use of only one of the tools (ADR), although EPA generally allocates resources to the regions consistent with their targets for the other tools. EPA stated it has not developed SWAT teams per se for all of the tools, but it has designated individuals at headquarters to monitor cases where these tools are being considered or used and provide expert advice to the regions on the process. In addition, EPA has established a team of headquarters personnel to work with the regions in the use of the new allocation process at certain sites.
Environmental Protection Agency To ensure that EPA provides incentives and accountability for the sustained use of the settlement tools, the Administrator, EPA, should set goals for each region's use of each tool to ensure the accountability of the region for its use of the tool.
Closed – Implemented
EPA set regional goals for use of de minimis settlements in fiscal year 1994, and has set targets for regional participation in ADR and mixed funding pilots as part of its Superfund administrative improvement efforts.
Environmental Protection Agency To ensure that EPA provides incentives and accountability for the sustained use of the settlement tools, the Administrator, EPA, should promote the use of the tools, including NBAR, among PRP.
Closed – Implemented
The Superfund administrative improvements effort entails promotion of settlement tools among PRP.

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Topics

Administrative remediesClaims settlementHazardous waste sitesCost controlDispute settlementsEnvironmental monitoringHazardous substancesLegal feesLiability (legal)LitigationPollution controlWaste management