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Report to Congressional Requesters: 

United States Government Accountability Office: 
GAO: 

January 2010: 

Environmental Health: 

High-level Strategy and Leadership Needed to Continue Progress toward 
Protecting Children from Environmental Threats: 

GAO-10-205: 

GAO Highlights: 

Highlights of GAO-10-205, a report to congressional requesters. 

Why GAO Did This Study: 

Exposure to toxic chemicals or environmental pollutants may harm the 
health of the nation’s 74 million children and contribute to increases 
in asthma and developmental impairments. In 2007, 66 percent of 
children lived in counties exceeding allowable levels for at least one 
of the six principal air pollutants that cause or aggravate asthma, 
contributing to medical costs of $3.2 billion per year, according to 
the Centers for Disease Control and Prevention. 

In 1997, Executive Order 13045 mandated that agencies place a high 
priority on children’s risks and required that policies, programs, 
activities, and standards address those risks. In response, the 
Environmental Protection Agency (EPA) created the Office of Children’s 
Health Protection and convened the Children’s Health Protection 
Advisory Committee. 

This report assesses the extent to which EPA has institutionalized 
consideration of children’s health through (1) strategies and 
priorities, (2) key offices and other child-focused resources, and (3) 
participation in interagency efforts. GAO reviewed numerous documents 
and met with EPA and other officials for this report. 

What GAO Found: 

EPA has developed policies and guidance to consider children, but it 
has not maintained attention to children through agency strategies and 
priorities. In 1996, EPA created a national agenda on children’s 
health, and its 1997 and 2000 strategic plans highlighted children’s 
health as a key cross-agency program. As a result, the agency’s 
research advanced the understanding of children’s vulnerabilities. 
However, EPA has not updated the agenda since 1996, and the focus on 
children is absent from the 2003, 2006, and September 2009 draft 
strategic plans. 

EPA has not fully used the Office of Children’s Health Protection and 
other child-focused resources. The active involvement of managers from 
the office and experts from the Children’s Health Protection Advisory 
Committee has been lacking, as has the involvement of key staff 
throughout EPA. Although EPA now has a new Director of Children’s 
Health, the office had not had consistent leadership since 2002, 
hampering its ability to support and facilitate agencywide efforts and 
elevate matters of importance with senior officials. For example, a 
previous director established workgroups to bring together officials 
from the program offices and the children’s health office, but a 
subsequent acting director eliminated these groups, effectively 
halting work on a key set of children’s health recommendations. In 
addition, the regional children’s health coordinators—who provide 
outreach and coordination for EPA—have no national strategy or 
dedicated resources. Finally, the advisory committee has provided 
hundreds of recommendations, but EPA has requested advice on draft 
regulations only three times in the last decade. 

While EPA leadership is key to national efforts to protect children 
from environmental threats, EPA’s efforts have been hampered by the 
expiration in 2005 of certain provisions in the executive order. For 
example, the Task Force on Children’s Environmental Health provided 
EPA with a forum for interagency leadership on important federal 
efforts, such as the National Children’s Study. It also provided 
biennial reports that helped establish federal research priorities. 

Figure: Children Are Exposed to Many Sources of Potentially-harmful 
Environmental Pollutants: 

[Refer to PDF for image: illustration] 

Infant/Young Child: Exposures for the infant and young child can occur 
through all environmental media. When breastfed, the mother’s exposure 
to environmental media can be an additional source of exposure to the 
infant. 

Mother: 
Air; 
Water; 
Diet; 
Physical factors; 
Other. 

Infant/young child: 
Breast milk; 
Air (inhalation); 
Water (ingestion, inhalation, dermal); 
Diet (ingestion, dermal); 
Physical factors; 
Other (ingestion, inhalation, dermal). 

Source: EPA, A Framework For Assessing Health Risks of Environmental 
Exposure to Children (2006). 

[End of figure] 

What GAO Recommends: 

GAO recommends improvements to help EPA protect children, and EPA 
agreed to implement them. GAO also suggests that Congress consider 
reinstating a government-wide task force on children’s environmental 
health. 

View [hyperlink, http://www.gao.gov/products/GAO-10-205] or key 
components. For more information, contact John Stephenson at (202) 512-
3841 or stephensonj@gao.gov. 

[End of section] 

Contents: 

Letter: 

Background: 

EPA Has Not Focused Attention on Children's Health in Agencywide 
Priorities, Strategies, and Rulemakings: 

In Recent Years, EPA Has Not Fully Utilized Its Office of Children's 
Health and Other Child-Focused Resources: 

Opportunities Exist for EPA to Lead and Coordinate National Efforts to 
Protect Children from Environmental Threats: 

Conclusions: 

Recommendations for Executive Action: 

Matter for Congressional Consideration: 

Agency Comments and Our Evaluation: 

Appendix I: Scope and Methodology: 

Appendix II: EPA Policy on Evaluating Health Risks to Children: 

Appendix III: Executive Order 13045 and Amendments: 

Appendix IV: EPA Regulations Subject to Executive Order 13045: 

Appendix V: Comments from the Environmental Protection Agency: 

Appendix VIGAO Contact and Staff Acknowledgments: 

Tables: 

Table 1: Provisions in Selected Environmental Statutes Expressly 
Concerning Children or Other Susceptible Subgroups: 

Table 2: Priorities From EPA's National Agenda and Examples of Related 
Actions: 

Table 3: Placement of EPA's Regional Children's Health Coordinators 
within the Offices of the Regional Administrator: 

Table 4: Key Physical Environment and Safety Indicators of Children's 
Well-Being, 2009: 

Table 5: Summary of Commitments and U.S. Implementation of the 1997 
Miami Declaration, as of 2002: 

Table 6: EPA Regulations Subject to Executive Order 13045: 

Figures: 

Figure 1: Exposure Routes and Levels Change During Major Developmental 
Periods Of Childhood: 

Figure 2: Steps Where Children Are Considered in the EPA Rulemaking 
Process: 

Figure 3: EPA Regional Children's Environmental Health Coordinator 
Staffing Levels by Region, in FTEs: 

Figure 4: Number of Children's Health Protection Advisory Committee 
Recommendations by Category: 

Abbreviations: 

ACE: America's Children and the Environment: 

Advisory Committee: Children's Health Protection Advisory Committee: 

CDC: Centers for Disease Control and Prevention: 

EPA: Environmental Protection Agency: 

Executive Order: Executive Order 13045--Protection of Children from 
Environmental Health Risks and Safety Risks: 

Healthy SEAT: Healthy Schools Environments Assessment Tool: 

Interagency Forum: Federal Interagency Forum on Child and Family 
Statistics: 

Miami Declaration: Declaration of the Environmental Leaders of the 
Eight on Children's Environmental Health: 

NAAQS: National Ambient Air Quality Standards: 

National Agenda: National Agenda to Protect Children's Health from 
Environmental Threats: 

Office of Children's Health: Office of Children's Health Protection: 

OMB: Office of Management and Budget: 

RAPIDS: Rule and Policy Information Development System: 

Task Force: Task Force on Environmental Health Risks and Safety Risks 
to Children: 

[End of section] 

United States Government Accountability Office: 
Washington, DC 20548: 

January 28, 2010: 

The Honorable Barbara Boxer:
Chairman:
Committee on Environment and Public Works: 
United States Senate: 

The Honorable Amy Klobuchar:
Chairman:
Subcommittee on Children's Health:
Committee on Environment and Public Works: 
United States Senate: 

Children face disproportionate health risks from environmental 
contaminants such as pollution in air, lead paint in homes, pesticide 
residues on food, and treatment-resistant microbes in drinking water. 
Such hazards contribute to asthma, cancer, neurodevelopmental 
disorders, and other diseases, and many of the nation's 74 million 
children are exposed to them daily. In 2007, for example, 66 percent 
of children lived in counties where air exceeded one or more of the 
six principal pollutants.[Footnote 1] Two of them--ozone and 
particulate matter--are known to cause or aggravate respiratory 
diseases such as asthma. According to the Centers for Disease Control 
and Prevention (CDC), asthma is the third most common cause of 
hospitalizations for children, resulting in $3.2 billion for treatment 
and 14 million days of school lost annually. 

The environment's effect on children's health is complex, and 
scientists' understanding has continued to evolve. It can be 
challenging to assess the contribution of environmental exposures to 
childhood illnesses, because factors such as family history, 
nutrition, and socioeconomic factors also contribute. Nonetheless, 
scientists agree that children often are more significantly affected 
by environmental risks from exposure to air pollution, toxic 
chemicals, and the disease-transmitting vectors that are expected to 
increase with global warming. Research has also shown that childhood 
exposures to environmental contaminants may affect risk of diseases, 
such as cancer, later in life. 

In the late 1990s, the federal government took several steps to make 
children's environmental health a priority. In April 1997, the 
President signed Executive Order 13045--Protection of Children from 
Environmental Health Risks and Safety Risks (Executive Order), which 
mandated a concerted federal effort to address children's 
environmental health and safety risks. The Executive Order 
established, among other things, an interagency Task Force on 
Environmental Health Risks and Safety Risks to Children (Task Force) 
and charged it with recommending strategies to the President for 
protecting children's health and safety. Also in 1997, the 
Environmental Protection Agency (EPA) created the Office of Children's 
Health Protection (Office of Children's Health) to support the 
agency's efforts and formed the Children's Health Protection Advisory 
Committee (Advisory Committee) to provide advice, information, and 
recommendations to assist the agency in the development of 
regulations, guidance, and policies relevant to children's health. 
[Footnote 2] 

EPA's Advisory Committee and the EPA Office of Inspector General have 
raised concerns about whether the agency has continued to maintain its 
earlier focus on protecting children or capitalized on opportunities 
to tackle some significant and emerging environmental health 
challenges. For example, the Advisory Committee wrote to the EPA 
Administrator in April 2007 to reflect on EPA's achievements in the 10 
years since the Executive Order was signed. The committee cited 
successes such as increased margins of safety for pesticides mandated 
under the Food Quality Protection Act and the creation of the National 
Children's Study. However, the Advisory Committee also expressed 
serious concerns about EPA's continued lack of focus on children's 
environmental health issues and the lack of progress in addressing the 
committee's many recommendations. The EPA Inspector General had also 
raised many of those concerns in 2004.[Footnote 3] 

To address concerns about EPA's focus on children, you asked that we 
assess the agency's consideration of children's environmental health. 
In September 2008, we testified on our preliminary assessment of EPA's 
efforts to address children's environmental health, focusing on the 
Advisory Committee.[Footnote 4] This report completes our work for 
you, addressing more broadly the extent to which EPA has 
institutionalized the protection of children's health from 
environmental risks through (1) agency priorities, strategies, and 
rulemakings, including implementation of Executive Order 13045; (2) 
the use of key offices and other child-focused resources, such as the 
Office of Children's Health and the Advisory Committee; and (3) 
involvement in federal interagency efforts to protect children from 
current and emerging environmental threats. 

To address those objectives, we interviewed officials from multiple 
EPA program offices most directly involved with children's health 
issues and referred to long-established quality management criteria 
from the Government Performance and Results Act.[Footnote 5] To assess 
the extent that EPA prioritized children's health in its agencywide 
strategies and goals, we reviewed key EPA children's health-related 
policies, strategic and performance plans, and guidance documents. To 
assess the implementation of the Executive Order through EPA's 
rulemaking process, we reviewed regulations subject to the regulatory 
requirements of the order, as well as internal workgroup documents 
detailing EPA's rulemaking--National Ambient Air Quality Standards for 
Particulate Matter--published in October 2006. To assess EPA's use of 
its Advisory Committee, we analyzed documents--including meeting 
agendas, letters from the Advisory Committee to the EPA Administrator, 
and EPA's response letters. To examine EPA's involvement in national 
children's health efforts, we identified the accomplishments of the 
Task Force that EPA co-chaired, and we reviewed reports from groups 
such as the Federal Interagency Forum on Child and Family Statistics 
(Interagency Forum). Appendix I provides a more detailed description 
of our scope and methodology. We conducted this performance audit from 
November 2008 through January 2010 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 objectives. We believe that the 
evidence obtained provides a reasonable basis for our findings and 
conclusions based on our audit objectives. 

Background: 

The following section discusses issues related to children's 
environmental health risks and key actions that EPA, the President, 
and Congress took in the early 1990s to help address those risks. 

Children's Environmental Health Risks: 

Children are often disproportionately affected by environmental 
contaminants, such as pesticides and lead, for many reasons, including 
greater exposure levels, unique exposure pathways, and greater 
vulnerability due to their still-developing bodies. For example, EPA 
noted that children may receive higher doses of contaminants, because 
they spend more time close to the ground; engage in more hand-to-mouth 
activities; and breathe more air, drink more water, and consume more 
food in proportion to their body weight than adults. Contaminants may 
also affect children disproportionately because of their unique 
exposure routes such as transplacental and breast milk. Figure 1 
illustrates the relevant exposure routes during three major 
developmental periods of childhood. 

Figure 1: Exposure Routes and Levels Change During Major Developmental 
Periods Of Childhood: 

[Refer to PDF for image: illustration] 

Prenatal: 
All exposures to the fetus occur transplancentally or via physical 
factors. The mother’s exposure to environmental media can be a 
significant source of exposure for environmental media for the fetus. 

Mother: 
Air; 
Water; 
Diet; 
Physical factors; 
Other. 

Fetus: 
Transplacental. 

Infant/Young child: 
Exposures for the infant and young child can occur through all 
environmental media. When breastfed, the mother’s exposure to 
environmental media can be an additional source of exposure to the 
infant. 

Mother: 
Air; 
Water; 
Diet; 
Physical factors; 
Other. 

Infant/young child: 
Breast milk; 
Air (inhalation); 
Water (ingestion, inhalation, dermal); 
Diet (ingestion, dermal); 
Physical factors; 
Other (ingestion, inhalation, dermal). 

Older child/Adolescent: 
Exposures for the child and adolescent can occur through all 
environmental media. The mother’s exposure is no longer a factor for 
the child. 

Older child/Adolescent: 
Air (inhalation); 
Water (ingestion, inhalation, dermal); 
Diet (ingestion, dermal); 
Physical factors; 
Other (ingestion, inhalation, dermal). 

Source: EPA, A Framework For Assessing Health Risks of Environmental 
Exposure to Children (2006). 

[End of figure] 

Children also are more vulnerable than adults because of the relative 
immaturity of their biochemical and physiological systems. For 
example, air pollutants that would produce only slight breathing 
difficulties in adults may contribute to a more serious breathing 
problem in young children because of their smaller airways. Finally, 
EPA has noted that children have limited ability to communicate and 
urge action about their environment, so others must act on their 
behalf. 

In 1993, the National Academy of Sciences summarized the state of the 
science concerning the effects of environmental contaminants on 
children's health and helped institutionalize the idea that children 
are not "little adults."[Footnote 6] That groundbreaking study 
outlined some of the profound differences between children and adults 
and was followed, in 1996, by congressional enactment of the Food 
Quality Protection Act, which mandated use of a 10-fold safety factor 
for children in setting pesticide residue tolerances.[Footnote 7] 
Since the early 1990s, scientists have expanded our understanding of 
environmental health consequences beyond childhood diseases and 
disorders and began examining how childhood exposures affect people 
throughout all lifestages. The term lifestage refers to a 
distinguishable time frame in an individual's life characterized by 
unique and relatively stable behavioral and physiological 
characteristics that are associated with development and growth. EPA 
now views childhood as a sequence of lifestages from conception 
through fetal development, infancy, and adolescence, rather than 
considering children as a subpopulation.[Footnote 8] In its 2005 
Guidance on Selecting Age Groups for Monitoring and Assessing 
Childhood Exposures to Environmental Contaminants, EPA recommended use 
of the following childhood age groups for assessing risk from 
environmental exposures: 

* age groups less than 12 months old include: birth to <1 month, 1 to 
<3 months, 3 to <6 months, and 6 to <12 months; and: 

* age groups greater than 12 months old include: 1 to <2 years, 2 to 
<3 years, 3 to <6 years, 6 to <11 years, 11 to <16 years, and 16 to 
<21 years. 

According to EPA guidance, other lifestages, including pregnancy, 
nursing, and old age, may also be important to consider when assessing 
human exposure and health risk. 

In addition to the growing awareness about the impact that childhood 
exposures may have on health risks throughout later lifestages, 
awareness has also grown about the linkage between children's 
environmental health and environmental justice issues such as health 
disparities seen in affected population groups. The Interagency Forum 
reported that the environmental health risks that disproportionately 
affect children are likely to disproportionately affect minority and 
low-income children because of demographic trends in the United 
States.[Footnote 9] According to the U.S. Census Bureau, there were 
73.9 million children ages 0 to 17 in the United States in 2008, 1.5 
million more than in 2000. Although the number of children living in 
the United States has grown, the percentage of children has decreased 
steadily, from a peak of 36 percent at the end of the "baby boom" in 
the mid-1960s to a current 24 percent--where it is expected to remain 
through 2020. At the same time, the racial and ethnic composition of 
the country's children is expected to diversify. 

EPA's Early Actions to Institutionalize Children's Environmental 
Health: 

EPA's mission is to protect human health and the environment and, as a 
result of mounting evidence about the special vulnerabilities of the 
developing fetus and child, the agency took actions to emphasize 
protection of children from environmental exposures. In 1995, EPA 
established an agencywide Policy on Evaluating Health Risks to 
Children, directing EPA staff to consistently and explicitly consider 
risks to infants and children as a part of risk assessments generated 
during its decision-making processes, and when setting standards to 
protect public health and the environment (see appendix II). In 1996, 
EPA issued the National Agenda to Protect Children's Health from 
Environmental Threats (National Agenda) and expanded the agency's 
activities to specifically address risks for children, documenting 
EPA's plans to achieve the following seven goals: 

1. Ensure that all standards set by EPA are protective of any 
heightened risks faced by children. 

2. Develop a scientific research strategy focused on the gaps in 
knowledge regarding child-specific susceptibility and exposure to 
environmental pollutants. 

3. Develop new, comprehensive policies to address cumulative and 
simultaneous exposures faced by children. 

4. Expand community right-to-know allowing families to make informed 
choices concerning environmental exposures to their children. 

5. Encourage parental responsibility for protecting their children 
from environmental health threats by providing them with basic 
information. 

6. Encourage and expand educational efforts with health care providers 
and environmental professionals so they can identify, prevent, and 
reduce environmental health threats to children. 

7. Provide the necessary funding to address children's environmental 
health as a top priority among relative health risks. 

In 1997, EPA also established the Office of Children's Health, within 
the Office of the Administrator, to support and facilitate the 
agency's efforts to implement the National Agenda as well as the 
Executive Order. The office's mission is to "make the protection of 
children's health a fundamental goal of public health and 
environmental protection in the United States and around the world." 
The office is not directly responsible for implementing or overseeing 
any EPA programs and instead carries out its mission by supporting and 
facilitating the work of other EPA offices, raising awareness and 
educating the public, participating in agency workgroups, and 
providing grant money that serves to assist communities in expanding 
awareness about children's health issues. To inform its various 
initiatives related to children's health, EPA also established the 
Advisory Committee in 1997. Through the Committee, leading 
researchers, academics, health care providers, nongovernmental 
organizations, industry representatives, as well as state and local 
government representatives advise EPA on regulations, research, and 
communications issues important to children's health. 

Executive Order 13045--Protection of Children from Environmental 
Health Risks and Safety Risks: 

The President issued the Executive Order in April 1997, which 
established a broad policy for a concerted federal effort to address 
children's environmental health risks and safety risks.[Footnote 10] 
The Executive Order required each federal agency to (1) make it a high 
priority to identify and assess environmental health risks and safety 
risks that may disproportionately affect children and (2) ensure that 
its policies, programs, activities, and standards address 
disproportionate risks to children that result from environmental 
health risks or safety risks (see appendix III). The Executive Order 
has four other key provisions relating to regulatory requirements, 
interagency coordination and strategies, research coordination and 
integration, and tracking of children's health indicators. With regard 
to regulations, the Executive Order requires federal agencies to 
develop two pieces of information as part of the rulemaking process: 
(1) an evaluation of the environmental health or safety effects on 
children of the planned rule; and (2) an explanation of why the 
planned rule is preferable to other potentially effective and 
reasonably feasible alternatives considered by the agency. The 
requirements of the Executive Order are among many broadly applicable 
regulatory requirements established by statutes and executive orders 
with which agencies must generally comply when issuing rulemakings. 
Individual rulemakings only trigger the specific analytical and 
procedural requirements of the Executive Order if they fall within 
specified conditions or impact thresholds. The requirements of the 
Executive Order are triggered if a rulemaking is likely to result in a 
rule that (1) meets the economic impact threshold, such as by having 
an annual impact of $100 million or more, and (2) concerns an 
environmental health risk or safety risk that an agency has reason to 
believe may disproportionately affect children. 

Statutory Requirements to Consider Children's Environmental Health: 

In addition to the broad mandate in the Executive Order, EPA and the 
Agency for Toxic Substances and Disease Registry are directed by 
Congress to consider children or other vulnerable populations in 
several environmental statutes. Table 1 lists those statutes and their 
express provisions related to children's health. 

Table 1: Provisions in Selected Environmental Statutes Expressly 
Concerning Children or Other Susceptible Subgroups: 

Statute: Food Quality Protection Act 21 U.S.C. §§ 321, 331, 333, 342, 
346a; 
Regulated activity: Pesticide residues on raw and processed food; 
Extent to which statute explicitly requires special consideration of 
children or susceptible subgroups in decision making: In establishing 
tolerances and exemptions, EPA must consider infant and children's 
exposure, susceptibility, and cumulative effect, and apply a 10-fold 
margin of safety (unless data support a different margin); 
ensure that there is a reasonable certainty that no harm will result 
to infants and children from aggregate exposure to the pesticide 
chemical residue; and publish a specific determination of safety.[A]; 
Also, factors to be considered include exposure and sensitivity of 
subgroups.[B] 

Statute: Safe Drinking Water Act; 42 U.S.C. §§ 300f-300j-18; 
Regulated activity: Public drinking water; 
Extent to which statute explicitly requires special consideration of 
children or susceptible subgroups in decision making: In selecting a 
maximum contaminant level, EPA must analyze the effects on groups such 
as infants, children, pregnant women, the elderly, individuals with a 
history of serious illness, or other subpopulations that are 
identified as likely to be at greater risk, and subject the analysis 
to public notice and comment[C]; In selecting unregulated contaminants 
for consideration of regulation, EPA must consider the effects on 
subgroups that comprise a meaningful portion of the general population 
(such as infants, children, pregnant women, the elderly, individuals 
with a history of serious illness, or other subpopulations) at higher 
risk than the general population.[D] 

Statute: Federal Insecticide, Fungicide and Rodenticide Act; 
7 U.S.C. §§ 136-136y; 
Regulated activity: Pesticide registrations; 
Extent to which statute explicitly requires special consideration of 
children or susceptible subgroups in decision making: If pesticide is 
for use on food, then as part of its registration and reregistration, 
a tolerance or exemption must be established or reviewed under FQPA; 
see above[E]; EPA is authorized to establish packaging standards for 
pesticides.[F] 

Statute: Comprehensive Environmental Response, Compensation, and 
Liability Act; 42 U.S.C. §§ 9601-9675; 
Regulated activity: Hazardous waste sites; 
Extent to which statute explicitly requires special consideration of 
children or susceptible subgroups in decision making: Under response 
authorities, health risk assessments conducted by the Agency for Toxic 
Substances and Disease Registry (ATSDR) are to consider susceptibility 
of the community[G]; ATSDR is also directed to conduct medical 
monitoring of subgroups at risk.[H] 

Statute: Resource Conservation and Recovery Act; 42 U.S.C. §§ 6901-
6992k; 
Regulated activity: Hazardous waste handling, treatment, storage, 
disposal; 
Extent to which statute explicitly requires special consideration of 
children or susceptible subgroups in decision making: In the context 
of hazardous waste landfill permits, where ATSDR is asked to do health 
assessments, the agency is to consider susceptibility of the community 
in conducting assessments.[I] 

Source: GAO. 

Note: Statutes were reviewed as amended, and are cited to the 
codification. 

[A] 21 U.S.C. § 346a(b)(2)(B)(vi), (C) (tolerances), (c)(2)(B) 
(exemptions). There are limited exceptions (e.g., use safer than 
nonuse; unavoidable residues). 

[B] 21 U.S.C. § 346a(b)(2)(D)(vi), (vii). 

[C] 42 U.S.C. § 300g-1(b)(3)(C)(i)(V). 

[D] 42 U.S.C. § 300g-1(b)(1)(C). 

[E7] U.S.C. §§ 136(bb), 136a(c)(5), 136a-1(g)(2)(E). 

[F] 7 U.S.C. § 136w(c)(3). 

[G] 42 U.S.C. § 9604(i)(6)(F). 

[H] 42 U.S.C. § 9604(i)(9)(A). 

[I] 42 U.S.C. § 6939a(f). 

[End of table] 

Other Key EPA Children's Environmental Health Protection Activities: 

In 1998, EPA helped establish eight Centers for Children's 
Environmental Health and Disease Prevention Research, with the long- 
range goal of understanding how environmental factors affect 
children's health and translating basic research findings into methods 
and interventions to prevent adverse health outcomes. The program is 
jointly funded by EPA, through its Science to Achieve Results grants 
program, and the National Institute of Environmental Health Sciences, 
with additional expertise and low-cost laboratory services provided by 
CDC.[Footnote 11] The program is designed to foster research 
collaboration among basic, clinical, and behavioral scientists with 
participation from local communities. 

In 1999, EPA--and the other members of the Task Force--explored the 
feasibility of a longitudinal cohort study of environmental effects on 
parents and children, and in 2000 Congress authorized the planning and 
implementation of the National Children's Study as part of the 
Children's Health Act of 2000.[Footnote 12] The study is designed to 
examine the effects of environmental influences on the health and 
development of 100,000 children across the United States, following 
them from before birth until age 21, with the goal of improving the 
health and well-being of children. EPA is one of a consortium of 
federal partners currently leading the study that includes the U.S. 
Department of Health and Human Services' National Institute of Child 
Health and Human Development, National Institute of Environmental 
Health Sciences of the National Institutes of Health, and CDC. 
[Footnote 13] 

In 2000, EPA published America's Children and the Environment (ACE), a 
report that brought together quantitative information from a variety 
of sources to show trends in environmental risk factors related to the 
health and well-being of children in the United States. The ACE report 
provides trend information on levels of environmental contaminants in 
air, water, food, and soil; concentrations of contaminants measured in 
the bodies of mothers and children; and childhood diseases that may be 
influenced by environmental factors. In 2003, EPA published the second 
ACE report, adding data for additional years; new measures for 
important contaminants, exposures, and childhood illnesses; and 
analysis of those measures by children's race, ethnicity, and family 
income. Since 2006, EPA has periodically updated the report data on 
its Web site.[Footnote 14] EPA is currently updating the ACE report's 
measures and developing new priority topics, and it intends to publish 
a new edition by the end of 2010. 

EPA Strategic Plans--Goals and Performance Measures: 

EPA first recognized children's environmental health as a cross-agency 
program in its 1997 strategic plan and related annual performance 
plans, which are required by the Government Performance and Results 
Act. EPA's strategic plan defines its mission, goals, and means by 
which it will measure progress in addressing specific problems or 
challenges over the course of at least 5 years. It also describes 
specific results the agency aims to achieve, what actions the agency 
will take to realize those planned results, and how the agency will 
deal with current and foreseeable internal and external challenges 
that may hinder achieving results. An agency formulates its strategic 
plan with input from the Office of Management and Budget (OMB); 
Congress; the agency's personnel, partners, and stakeholders; and the 
public. EPA's strategic plan also serves a number of important 
management roles and functions related to achieving its mission, for 
example allowing agency leadership to establish and communicate 
priorities and direction through a strategic and unified vision. It 
also is the foundation of the agency's planning system, for instance 
providing direction for programmatic functions such as human resources 
and budgeting, and serves to increase leadership accountability. 

EPA Action Development Process and Related Children's Guidance: 

EPA implements various environmental statutes in part through 
rulemakings, which are guided by its Action Development Process that 
helps the agency comply with legal requirements, executive orders, 
directives, agency guidance, and national policies. EPA finalized the 
current process in June 2004 to ensure that it uses quality 
information to support its actions and that scientific, economic, and 
policy issues are adequately addressed at the right stages in action 
development.[Footnote 15] The process has five major stages, each of 
which involves multiple steps. In the first stage, EPA assigns the 
rulemaking to one of three tiers based on the required level of cross- 
agency interactions and the nature of the anticipated issues, 
including complexity, environmental and economic significance, and 
external interest. According to agency guidance, EPA assigns 
rulemakings that are based on a human risk assessment--including 
assessments of environmental health risks to children--to tier 1 or 
tier 2. In the second stage, EPA uses a standard process to develop 
the proposed regulation and supporting analyses. In the third stage, 
EPA submits a regulatory package to OMB and addresses OMB comments, 
when required to do so under Executive Order 12866.[Footnote 16] In 
the fourth stage, EPA requests the Administrator's signature and 
publishes the draft regulation in the Federal Register. In the fifth 
stage, EPA develops the final action and facilitates Congressional 
review. In developing the final regulation, EPA repeats many of the 
steps it followed to develop the draft regulation. The final step in 
the process is to submit the final regulation to Congress and GAO. 

In October 2006, EPA's Office of Policy Economics and Innovation 
issued additional guidance to assist agency staff in integrating 
children's health considerations into the process.[Footnote 17] The 
children's guidance describes provisions of the Executive Order and 
EPA's Policy on Evaluating Health Risks to Children. Figure 2 
illustrates key steps in EPA's Action Development Process where 
children are to be considered by the agency. 

Figure 2: Steps Where Children Are Considered in the EPA Rulemaking 
Process: 

[Refer to PDF for image: illustration] 

1. Cause for rulemaking: statute, court order, Presidential 
initiative, or Administrator’s priority. 

2. Tiering: EPA assigns rulemaking to tier 1 or tier 2. 

3. Preliminary Analytic Blueprint prepared by workgroup (Workgroup 
plans scope and content of children’s analyses). 

4. Early Guidance. 
* Key decision point involving input from senior management. 

5. Detailed Analytic Blueprint (DABP) prepared by workgroup (Workgroup 
plans scope and content of children’s analyses). 

6. DABP approved by management. 
* Key decision point involving input from senior management. 

7. Workgroup undertakes analyses and consultation required by statutes 
and develops regulatory options. 
Requirement to consider children’s environmental health: Some statutes 
(see table 1) and E.O. 13045 require children’s analyses. 

8. Options Selection (Rulemakings vary considerably in the extent to 
which children’s risks factor in key decision points). 
* Key decision point involving input from senior management. 

9. Proposed regulation and supporting documents prepared by workgroup. 

10. Final Agency Review (Rulemakings vary considerably in the extent 
to which children’s risks factor in key decision points). 

11. EPA submits regulatory package to OMB if regulation is significant 
under E.O. 12866. 
Requirement to consider children’s environmental health: Regulations 
subject to the regulatory requirements of E.O. 13045 are reviewed by 
OMB. 
* Key decision point involving input from senior management. 

12. OMB Review: OMB has 90 days to review significant regulations[A]. 
Requirement to consider children’s environmental health: Regulations 
subject to the regulatory requirements of E.O. 13045 are reviewed by 
OMB. 

13. Administrator signs regulation[B]. 

14. EPA publishes regulation in the Federal Register and opens public 
docket[C]. 

15. Public comment period: typically lasts 60 days. 

16. Final regulation developed by EPA[D]. 

Source: GAO analysis of EPA’s Action Development Process. 

[A] EPA may request a one-time 30-day extension. 

[B] The Administrator may delegate signature authority to an Assistant 
or Associate Administrator or Regional Administrator. 

[C] A docket can be established at any time during the rulemaking 
process, but should open no later than the date of publication in the 
Federal Register. A docket should contain all information relied upon 
by EPA in developing an action. 

[D] Developing the final regulation involves reconvening the workgroup 
to evaluate comments received on the proposal and determine the 
appropriate next steps for preparing the final action, which could 
range from repeating all of the steps as outlined in the process for 
preparing the proposal to only doing a subset of those steps. 

[End of figure] 

EPA Has Not Focused Attention on Children's Health in Agencywide 
Priorities, Strategies, and Rulemakings: 

EPA has not updated the National Agenda since it issued the priority- 
setting document in 1996. EPA's 1997 and 2000 strategic plans included 
children as an explicit goal or program, but the agency's subsequent 
two plans showed a reduced emphasis on children. EPA has not 
systematically evaluated or tracked how its rulemakings addressed 
children's environmental health risks, and regulatory requirements in 
the Executive Order have had minimal impact on EPA rulemakings. 

EPA Has Not Updated the National Agenda in More than a Decade: 

EPA has not updated the National Agenda to Protect Children's Health 
from Environmental Threats in more than 10 years. Issued in 1996, the 
National Agenda established children's environmental health as a top 
priority and a central focus of all agency efforts. In it, EPA 
articulated the agency's commitment to children's health by 
identifying an array of environmental threats to children and 
specifying a multifaceted approach to accomplishing its children's 
health goals. The National Agenda also was the impetus for the 
creation of EPA's Office of Children's Health, which was formed to 
support the agency's implementation of the National Agenda. These 
actions are consistent with our prior work on implementing change in 
the federal government, which has shown that top leadership must 
provide a clear, consistent rationale for change and develop a 
framework that helps create a new culture. Moreover, the National 
Agenda also helped to institutionalize the agency's commitment to the 
issue. According to current and former officials from the Office of 
Children's Health, the National Agenda and Executive Order helped 
legitimize the office's importance across the rest of the agency. 

Several demonstrable children's health-focused activities were 
initiated shortly after the EPA Administrator who founded the Office 
of Children's Health issued the National Agenda (see table 2). For 
example, in 1999 the agency explored--through the Task Force--the 
feasibility of a longitudinal cohort study of environmental effects on 
parents and children, which Congress later established as the National 
Children's Study.[Footnote 18] In 2000, EPA issued a strategy for 
research on environmental risks to children that established EPA's 
long-term program goals and documented its rationale.[Footnote 19] The 
National Agenda also asserted EPA's leadership across the federal 
government and called on partners in Congress, industry, health 
professions, and interest groups to adopt and help EPA implement these 
children's health priorities. 

Table 2: Priorities From EPA's National Agenda and Examples of Related 
Actions: 

National Agenda priority: 
1. Ensuring that EPA standards are protective of potentially 
heightened risks faced by children; 
Children's environmental health action: 
* In 1997, EPA asked its Advisory Committee to recommend five existing 
standards that may merit re-evaluation. In 1999, EPA identified eight 
regulations and regulatory areas for review, including pesticide 
tolerances and farm worker protection standards; 
* In 1997, EPA set air standards for particulate matter and ozone to 
provide additional health protection to 35 million children and set 
standards for fine particulate matter for the first time; 
* In 1998, EPA published a final Guidance for Rule Writers to risk 
assessors and managers who are developing regulatory standards that 
are specifically targeted at pregnant women, infants, and children. 

National Agenda priority: 
2. Identifying and expanding scientific research on child-specific 
susceptibility to environmental pollutants; 
Children's environmental health action: 
* In 1998, EPA partnered with the National Institute of Environmental 
Health Sciences (NIEHS) to establish children's health research 
centers to promote research and intervention and prevention methods in 
order to better understand how environmental factors affect children's 
health; 
* In 1999, EPA helped to initiate what became the National Children's 
Study (see text above). 

National Agenda priority: 
3. Developing policies addressing cumulative and simultaneous 
exposures; 
Children's environmental health action: 
In 1997, EPA published cumulative risk assessment guidance that 
recommended the integration of multiple sources, effects, pathways, 
stressors, and populations in risk assessments for which relevant data 
are available, with emphasis on sensitive subgroups such as infants 
and children. 

National Agenda priority: 
4. Expanding community right-to-know efforts; 
Children's environmental health action: 
EPA expanded public access to agency information on pollution, 
particularly through the Internet, to help people prevent pollution in 
their neighborhoods and protect the health of a community's children. 
For instance, EPA developed a national listing of state fish 
consumption advisories to make the advisories more accessible. 

National Agenda priority: 
5. Providing information to parents on environmental threats in homes, 
schools, and communities; 
Children's environmental health action: 
In 1998, EPA began publication of a Children's Environmental Health 
Yearbook to be a resource guide of EPA activities for the public. 

National Agenda priority: 
6. Educating health and environmental professionals to prevent and 
reduce threats to children; 
Children's environmental health action: 
In 1998, EPA, in conjunction with the Agency for Toxic Substances and 
Disease Registry, established Pediatric Environmental Health Specialty 
Units to provide critical expertise to health care professionals, 
parents, schools, and community groups on protecting children from 
environmental hazards, as well as to work with federal, state, and 
local agencies to address children's environmental health issues in 
homes, schools, and communities. 

National Agenda priority: 
7. Funding to address children's environmental health as a top 
priority among relative health risks; 
Children's environmental health action: 
Since 1998, EPA and NIEHS share responsibility for funding the 
children's health research centers, with EPA providing half the 
funding through its Science to Achieve Results program. 

Source: GAO analysis of EPA documents. 

[End of table] 

EPA officials with whom we spoke recognized the importance of the 
National Agenda for helping to institutionalize children's health as a 
priority across EPA, noting that it gave children's health more 
traction and consideration in EPA programs and activities. In its 2004 
report, EPA's Inspector General stated that while EPA has taken steps 
toward meeting the goals outlined in the agenda, with programs and 
regional offices carrying out projects focused on children's 
environmental health, there was no overall, coordinated strategy to 
integrate the agency's efforts on behalf of children.[Footnote 20] 
Moreover, as we have previously reported and testified, EPA took 
actions that directly contradicted a National Agenda priority in 
December 2006.[Footnote 21] Specifically, the agency finalized a 
rulemaking that significantly reduced the amount of publicly available 
information reported to the Toxics Release Inventory about toxic 
chemicals released into air, water, and land. Ultimately, Congress 
acted to overturn EPA's actions.[Footnote 22] 

In the first few months of 2009, EPA's newly appointed Administrator 
recommitted the agency to helping ensure protection of children's 
environmental health, stating in a speech that children are a driving 
force behind the agency's priorities.[Footnote 23] In July 2009, she 
appointed a new Director of the Office of Children's Health and said 
that the director will also serve as a key advisor in the 
Administrator's office. In order to develop concrete ways to implement 
the new commitment, the Administrator tasked the new director with 
developing recommendations to improve regulatory and nonregulatory 
consideration of children's environmental health across EPA. In 
September 2009, the new director outlined the following five-part 
approach to ensure protection of children's environmental health: 

* Regulatory and policy development: EPA will work to ensure that 
regulations--for example, National Ambient Air Quality Standards 
(NAAQS)--provide for protection of children's environmental health. It 
will also ensure that policies focus on health disparities among 
different demographic groups of children, and their causes. 

* Safe chemicals management: EPA will ensure that children, and other 
susceptible populations such as the elderly, are considered in the 
context of chemicals management programs and implementation and 
potential reform of the Toxic Substances Control Act.[Footnote 24] 

* Implementation of community-based children's health programs: EPA 
will re-establish a pivotal and influential role in working with 
tribes, states, and local governments to design and implement policies 
that improve the environment and protect children. 

* Research and science policy: EPA will work with internal and 
external researchers to fill critical gaps in the understanding of 
children's vulnerabilities, unique exposures, and health effects, and 
will apply science policies that appropriately reflect uncertainties 
in children's vulnerabilities in EPA risk assessments. 

* Measuring effectiveness of EPA programs: EPA will update its report 
America's Children and the Environment, which brings together 
quantitative information from a variety of sources to show trends in 
levels of environmental contaminants and concentrations of 
contaminants in the bodies of mothers and children, among other things. 

The director told us about some specific steps he plans to take within 
the Office of Children's Health as part of the approach, including 
shifting resources so that the office has more public health expertise 
and realigning the office's focus to support the development of 
regulations and child-specific programs. In addition, he said he was 
confident the Administrator would begin to make other changes related 
to children's health strategy, although he could not provide a time 
frame or specific actions the agency had planned to implement such 
changes. Nonetheless, the EPA Administrator has yet to formalize new 
priorities in a visible and public way that contains specific actions 
EPA intends to take, as it did in the National Agenda. In contrast, 
EPA has publicly committed to improvements in other areas, such as 
chemicals management for which the agency released in September 2009 a 
comprehensive approach to enhance the agency's chemical program. 
[Footnote 25] 

EPA Recent Strategic Plans Indicate a Reduced Emphasis on Children's 
Health: 

EPA identified children's health as a cross-agency program in its 1997 
and 2000 strategic plans.[Footnote 26] However, EPA's 2003 and 2006 
(current) plans did not include children's health as an explicit goal 
or program, indicating that the agency has placed less emphasis on 
protecting children's health.[Footnote 27] The plans' goals and 
measures are meant to make the key components of an organization's 
mission explicit, thereby guiding officials in how to carry out the 
mission. In keeping with the requirements of the Government 
Performance and Results Act, EPA issued strategic plans setting forth 
goals that reflected top Administrator priorities; the plans also 
discuss cross-agency programs that cut across traditional media and 
organizational boundaries to consider, with a more comprehensive view, 
the risks posed to particular or vulnerable populations. EPA officials 
said that the agency removed this cross-agency goal when it 
streamlined its strategic plan from a 10-goal to a 5-goal structure, 
which was done as a result of EPA and OMB priorities.[Footnote 28] 
According to EPA officials, children are considered as part of the 
plans' Goal 4, Healthy Communities and Ecosystems. The staff from the 
Office of Children's Health told us they were not pleased with the 
change to a 5-goal structure, because the subsequent strategic plans 
no longer emphasized children's environmental health. In addition, the 
office had previously developed its own draft strategic plan that 
included a range of children's health performance measures and 
demonstrated how such measures fit within EPA's overall strategic 
plan. However, that work was not incorporated into, or referenced by, 
the agencywide strategic plan, in part, because the office had limited 
involvement in EPA's strategic planning process. 

To help develop EPA's 2009 strategic plan, the agency held meetings in 
2008 and 2009 to identify target areas for improvement. In the latest 
draft of that plan that EPA provided to us, the agency identified 
target areas for improvement--significant changes in strategy or 
performance measurement that are critical for helping the agency 
achieve and measure environmental and human health outcomes.[Footnote 
29] We found that children's health was not included as a target area 
in the draft strategic plan, and it is not yet clear to what extent 
children's health will be addressed in the final plan, which is 
subject to revision before the Administrator finalizes it in the 
coming months. We also found that the Office of Children's Health was 
not a lead office for developing the plan's goal for Healthy 
Communities and Ecosystems. Development of this goal has been co-led 
by EPA's Office of Prevention, Pesticides and Toxic Substances; Office 
of Research and Development; and Office of Water. EPA planning 
officials told us that staff from the Office of Children's Health 
attended at least one development meeting for the healthy community 
goal. However, the office staff said their input was not given much 
weight, since three other offices were assigned the leadership role 
for coordinating the goal's team. EPA officials said that a possible 
reason the Office of Children's Health did not become central to the 
process was that it is not directly responsible for implementing or 
overseeing any of the programs and subobjectives under the Healthy 
Communities and Ecosystems goal. 

We recognize that EPA's strategic plan addresses five high-level goals 
and related objectives that generally relate to major media goals such 
as improving water quality or reducing chemical risks. Therefore, the 
strategic plans contain subobjectives and strategic targets that 
provide a higher degree of specificity and allow EPA to more clearly 
express priorities. However, our analysis of EPA's last two strategic 
plans found few subobjectives or strategic targets that explicitly 
related to children's health.[Footnote 30] We have previously reported 
on the need for a strategic planning framework to contain critical 
elements such as performance goals that are indicative of agency 
priorities and also are objective, quantifiable, and measurable; an 
estimate of resources needed to meet performance goals; and an 
evaluation plan that monitors the goals.[Footnote 31] EPA stated in 
its 2006 strategic plan that the agency directs its efforts toward the 
greatest threats in communities and the most sensitive populations, 
including children, who may be disproportionately exposed to 
environmental hazards. We found that only 2 of the 45 subobjectives 
relate specifically to children's environmental health: (1) asthma and 
(2) indoor air quality at schools.[Footnote 32] We also found that, of 
the plan's 126 strategic targets, only 3 explicitly reference children 
or related issues: (1) reducing the percentage of women of 
childbearing age exposed to mercury, (2) eliminating lead poisoning, 
and (3) reducing blood lead levels. 

With regard to the draft 2009 strategic plan that EPA planning 
officials provided us, 5 subobjectives (out of a total of 62) 
specifically address children's environmental health--reducing (1) 
exposure to asthma triggers, (2) indoor air contaminants at schools, 
(3) the percentage of women of childbearing age with mercury blood 
levels above safe thresholds, (4) blood lead levels in children, and 
(5) pregnant women's exposure to persistent organic pollutants. 

Furthermore, regarding EPA's draft 2009 strategic plan, we found that 
the performance measures do not clearly measure children's health 
progress or are not explicitly linked to children's health objectives. 
Performance measures are indicators, statistics, or metrics used to 
gauge program performance. Reliable and comprehensive performance 
measures allow the agency to judge whether its performance targets are 
reasonable and whether it is meeting them. Moreover, as we have 
previously reported, strategic plans need to demonstrate that 
crosscutting programs--such as those for protecting children's 
environmental health--use the same performance measures across the 
offices implementing the programs. Our analysis indicates that 4 of 
the 12 performance measures (associated with the five subobjectives 
EPA identified) explicitly consider children, and only one of them 
measures a health outcome--the number of children ages 1 to 5 with 
elevated blood lead levels. The other 11 measures either did not 
directly measure children's health outcomes or were indirect proxy 
measures. We also found that for half of the 12 performance measures, 
the data or the data sources had inherent limitations. For example, 
the data source supporting the measure for "taking all essential 
actions to reduce exposure to indoor environmental asthma triggers" 
does not cover half of EPA's target population--children from birth to 
3 years old--the age group most susceptible to health effects from 
secondhand tobacco smoke, a key asthma trigger according to CDC. EPA 
officials acknowledged that the data gaps for some performance 
measures are due a variety of reasons, including funding limitations. 
They added that EPA cannot necessarily guarantee availability of all 
the data used to support its performance measures, some of which are 
provided by other agencies. 

In contrast to the EPA's agencywide strategic plans, its Office of 
Research and Development has consistently addressed children's 
environmental health in its research plans. For example, working with 
other program offices, the office has addressed children's health in 
some of its multiyear research plans, which guide the direction of 
research over 5 or more years. The office develops separate multiyear 
plans on a variety of issues, including clean air, endocrine 
disruptors, human health risk assessments,[Footnote 33] and human 
health research. The Office of Research and Development uses these 
multiyear plans to link its Annual Performance Plan, required under 
the Government Performance and Results Act, to longer-range objectives 
contained in EPA's strategic plan. In addition to these regular 
planning efforts, the Office of Research and Development has also 
developed strategies for addressing complex, cross-cutting programs, 
such as children's health. For example, the office published a Human 
Health Research Strategy in September 2003. Officials from the Office 
of Research and Development told us that the office is considering 
updating its August 2000 Strategy for Research on Environmental Risks 
to Children, and has held preliminary discussions with the Office of 
Children's Health. 

The Office of Research and Development's Human Health Research Program 
Multi-Year Plan is EPA's primary research plan for addressing 
children's health, according to office officials. The plan supports 
the office's human health research program, which also provides 
methods to help reduce uncertainty in EPA's children's risk 
assessments, among other things. In June 2006, the office published an 
updated human health research plan for the years 2006 through 2013. 
The plan is organized according to the program's four long-term goals 
and explicitly addresses children's health in two of them. For 
example, children's health is addressed in the goal to ensure that 
"risk assessors and risk managers use the office's methods, models, 
and data to characterize and provide adequate protection for 
susceptible subpopulations." The plan considers children's health in 
all three of the research tracks supporting that goal--lifestages, 
methods for longitudinal research, and research on asthma.[Footnote 
34] In fact, a generally positive review of the research plan by EPA's 
Board of Scientific Counselors--which the agency established to 
provide advice, information, and recommendations about its research 
program--found that EPA may be overemphasizing children in its 
research on susceptible subpopulations. The board recommended in its 
December 2009 report that EPA redress research program imbalances 
within the lifestage arm to match the strengths of its childhood 
susceptibility research thrust with an expanded research program 
addressing subgroups across the entire age range, including the 
elderly.[Footnote 35] 

EPA Has Not Evaluated or Consistently Documented How Its Rulemakings 
Address Risks to Children: 

EPA's 1995 policy directs the agency to consider the risks to infants 
and children consistently and explicitly as part of risk assessments-- 
including those used to support rulemakings--or state clearly why it 
did not. EPA cannot be assured that it has thoroughly addressed risks 
to children, because it lacks a system for evaluating and documenting 
how the agency has considered them in rulemakings. We identified three 
examples. First, EPA implements the Executive Order, in part, through 
its efforts to institutionalize its 1995 policy. However, EPA has not 
evaluated the extent to which its risk assessments conform to this 
policy.[Footnote 36] Officials from the Office of Children's Health 
told us that significant information gaps remain concerning children's 
risks. Second, EPA does not require rule writers to thoroughly 
document consideration of children in the agency's Rule and Policy 
Information Development System (RAPIDS). EPA uses RAPIDS to track, 
approve, and report on agency actions, including rulemakings. RAPIDS 
allows EPA staff to document milestones in all phases of the 
rulemaking process and archives key information, according to EPA. 
However, RAPIDS captures limited information about human health or 
children's environmental health considerations. It does not, for 
example, capture whether a risk assessment is conducted as part of a 
rulemaking. Furthermore, in January 2008, EPA eliminated a check-box 
in RAPIDS that indicated whether a rulemaking involved environmental 
health risks or safety risks that may pose disproportionate risks to 
children. EPA added three questions about human health impacts to 
RAPIDS, but those do not directly address disproportionate risks to 
children. In addition, the human health data maintained in RAPIDS can 
be inaccurate or incomplete because they are gathered early in the 
rulemaking process and are rarely updated later in the process, 
according to officials with whom we spoke. Finally, EPA does not 
require rule writers to document consideration of children in 
preambles of all published regulations, even though the Office of 
Children's Health has urged EPA to require this. 

EPA has taken steps to comply with the Executive Order's requirements 
by, for example, publishing updated guidance to assist rule writers in 
addressing children's risks in October 2006.[Footnote 37] The guidance 
identifies key steps where rule writers should consider children in 
the rulemaking process. For example, it advises workgroups that are 
developing a regulation to describe proposed children's analyses in 
their plans for data collection and analyses. The guidance also 
advises rule writers to work with risk assessors early in the 
rulemaking process to begin accumulating information about potential 
children's risks. EPA has also developed a variety of guidance to 
assist risk assessors in addressing risks to children, including 2005 
guidance on assessing susceptibility from early life exposure to 
carcinogens and 2008 guidance on assessing children's exposures to 
environmental contaminants.[Footnote 38] EPA's first use of the cancer 
guidance is its draft risk assessment for ethylene oxide--used to make 
antifreeze, detergents, and polyester, and as a fumigant pesticide. 
The draft assessment also includes EPA's first use--apart from 
pesticide tolerances--of an additional safety factor for children and 
proposes reducing the agency's 1985 standard of 3.6 parts per billion 
for protecting against cancer risks to a much stricter limit of 0.6 
parts per trillion. 

According to staff from the Office of Children's Health, some EPA 
staff are more aware than others of the need to consider children's 
risks in rulemakings, in part because of the guidance they helped 
develop. However, officials from the office told us that EPA has not 
taken additional steps that would help institutionalize the use of the 
applicable guidance. For example, EPA does not provide rule writers 
with specific training on the guidance, according to officials. Rule 
writers are required to attend a 3-day comprehensive training course 
organized by EPA's Office of Policy, Economics, and Innovation, but 
the course includes only a limited discussion of children's 
environmental health because of competing demands. The Office of 
Children's Health has instructed part of this course in the past, but 
has not done so since 2006, according to office officials. In 
addition, EPA has been slow to implement at least one guidance 
document aimed at improving consideration of children in risk 
assessments and economic analyses used to support rulemakings. 
Specifically, in 2005 EPA issued guidance on selecting age groups for 
monitoring and assessing childhood exposures to environmental 
contaminants, but did not use the guidance in developing a risk 
assessment until 2008.[Footnote 39] In another example, EPA's Office 
of Policy, Economics, and Innovation issued guidance on assessing the 
economic value of children's health benefits in October 2003, but the 
Director of the Office of Children's Health told us the agency could 
expand efforts to ensure that children are adequately considered in 
economic assessments.[Footnote 40] 

Although the Office of Children's Health can advocate that EPA address 
disproportionate risks to children, we found that it has had a limited 
role in rulemakings for a number of reasons. Because the office is not 
a regulatory office like the Office of Air and Radiation, it does not 
initiate rulemakings. Instead, the Office of Children's Health 
participates on regulatory workgroups as staff resources permit. 
Regulatory workgroups, which develop regulations, consist of members 
from EPA's program offices and regional offices. EPA does not maintain 
reliable information on the number of regulatory workgroups that have 
included a representative from the Office of Children's Health, but 
the office has participated on only a small number of regulatory 
workgroups because of its limited resources, according to office 
officials. They told us that from 2007 through 2008, the office 
participated in final review for seven rulemakings, including reviews 
of the NAAQS for ozone and lead.[Footnote 41] The Office of Children's 
Health's limited resources may also have limited its participation on 
the regulatory workgroup responsible for EPA's most recently completed 
review of National Ambient Air Quality Standards for Particulate 
Matter, published in October 2006. The office's representative on the 
workgroup was not designated an official workgroup member who would 
receive all chapters of the draft regulation, according to internal 
documents that we reviewed. Furthermore, the office did not send a 
representative to two key meetings, according to the workgroup 
chairman. The office's current director told us that he views this as 
a critical part of the office's work, and he will increase its 
participation in EPA rulemakings. 

EPA's rulemaking for particulate matter standards provides an 
illustration of a rulemaking in which EPA documented its efforts to 
comply with the Executive Order. For its air quality standards for 
particulate matter, EPA addressed children's risks throughout the 
rulemaking process, according to documents and EPA officials who 
served on the regulatory workgroup. For example, it considered 
children in quantitative and qualitative risk assessments and its 
analysis of the scientific bases for alternative policy options. 
[Footnote 42] In addition, EPA addressed children's risks in internal 
documents, including briefing slides and documents for the rulemaking 
that we reviewed. The Administrator eventually selected standards that 
were less stringent than those recommended by the Office of Children's 
Health and by EPA advisory committees. EPA documented its analyses in 
the notices of the proposed and final regulations as well as in the 
public docket, and the United States Court of Appeals for the District 
of Columbia used these analyses, in part, to support its February 2009 
decision to remand a key standard to EPA for review.[Footnote 43] The 
court stated that EPA had failed to explain why it believed the 
standard would provide an adequate margin of safety against illness in 
children and other vulnerable subpopulations, as required by the Clean 
Air Act.[Footnote 44] In its opinion, the court cited analyses by EPA 
staff and determined that the Administrator had apparently too hastily 
discounted studies of the effect of particulate matter on children. 

Regulatory Requirements in the Executive Order Have Had Minimal Impact 
on EPA Rulemakings: 

The Executive Order requires EPA to evaluate the environmental health 
or safety effects on children of each of the covered regulations. 
However, the requirements had a minimal impact on rulemakings 
conducted between 1998 and 2008[Footnote 45] for three reasons: (1) 
the order applied to a narrow subset of rulemakings, (2) EPA was 
already considering risks to children in the rulemaking process when 
the order took effect, and (3) EPA does not interpret the order as 
requiring any particular analyses on children's environmental health. 
Furthermore, we reviewed the preambles of all proposed and final 
regulations that EPA determined to be subject to the requirements, and 
found that EPA varied in how explicitly it addressed the requirements 
of the Executive Order therein. 

First, the Executive Order only applies to a narrow subset of 
regulations. We determined that just 17 EPA rulemakings were subject 
to the order since it took effect. On average, EPA applied the order 
to fewer than 2 of the approximately 450 rulemakings it completed each 
year, even though some of those rulemakings were especially important 
to children's health. One reason for the low number is that the order 
extends only to situations in which analysis of the regulation's 
effects on children has the potential to influence the regulation, 
according to EPA's interpretation. Thus, EPA does not apply the order 
to regulations that are based solely on technology performance, since 
health-based information cannot influence such regulations. EPA 
guidance states that the agency may be statutorily precluded from 
considering health or safety risks when setting certain technology- 
based standards. For example, under the Clean Air Act, EPA is required 
to base certain initial performance standards on emissions levels that 
are already being achieved by better-controlled and lower-emitting 
sources in an industry, and not on human health outcomes. On this 
basis, EPA determined that a proposed technology-based regulation on 
mercury emissions from cement plants, issued in May 2009, was not 
subject to the order, even though the regulation addressed an 
environmental health risk that disproportionately affects children's 
health.[Footnote 46] 

Another reason the Executive Order only applies to a narrow subset of 
regulations is that it applies only to rulemakings that are considered 
economically significant under a separate executive order--Executive 
Order 12866. As a result, individual EPA rulemakings only trigger the 
Executive Order's analytical and procedural requirements if they have 
an annual impact of $100 million or more, or will have certain 
material adverse economic effects, a criterion that excludes most of 
EPA's regulations. This is consistent with our 2009 report that stated 
most major rulemakings triggered the analytical requirements of the 
Regulatory Flexibility Act, Executive Order 12866, and the Paperwork 
Reduction Act but few other commonly applicable rulemaking 
requirements such as Executive Order 13045.[Footnote 47] Between 1998 
and 2008, EPA issued only 54 final regulations that were determined to 
be economically significant.[Footnote 48] According to a 2008 study-- 
authored by staff from the Office of Children's Health--at least 65 
regulations involving disproportionate risks to children were not 
subject to the Executive Order because they were not considered 
economically significant.[Footnote 49] Fifty of those 65 regulations 
concerned the amount of pesticides that may remain in or on food. 
However, for those 50 rulemakings and the others that were not subject 
to the Executive Order, EPA must still comply with provisions in 
environmental statutes, such as the Food Quality Protection Act of 
1996,[Footnote 50] that expressly concern children (see table 1). 
Although the scope of the Executive Order's regulatory requirement is 
limited, EPA did apply it to some regulations that the agency 
estimated to significantly impact children's environmental health. For 
example, it applied to three rulemakings that established the NAAQS. 
According to the Director of EPA's Office of Children's Health, those 
standards are among the most important decisions EPA made regarding 
children's health. 

A second reason that the Executive Order had a minimal impact on 
rulemakings is because EPA was already considering risks to children 
in its rulemaking process when the order took effect. For example, 
EPA's 1995 Policy on Evaluating Health Risks to Children directs 
agency staff to consider the risks to infants and children 
consistently and explicitly in all risk assessments, including those 
that support rulemakings. Another reason is that federal agencies were 
already required to perform some of the analyses that the order calls 
for. For example, both the children's executive order and Executive 
Order 12866, issued in 1993, require agencies to explain why a planned 
regulation is preferable to other "potentially effective and 
reasonably feasible alternatives" considered by the agency.[Footnote 
51] According to EPA officials, the agency does not provide additional 
documents to the Office of Information and Regulatory Affairs if a 
proposed regulation is subject to both the children's executive order 
and Executive Order 12866, rather than Executive Order 12866 alone. 
Nor has the Office of Information and Regulatory Affairs requested 
additional information about children's environmental health in these 
situations, according to officials from that office. 

Third, EPA does not require any particular analyses to comply with the 
Executive Order's mandate that agencies evaluate the effects of any 
planned regulation on children. EPA has guidance to assist staff in 
complying with this requirement, but it gives staff considerable 
discretion. Furthermore, past guidance has been inconsistent. For 
example, the agency's 2003 Children's Health Valuation Handbook notes 
that one way to address the requirement is to analyze the costs, 
benefits, or other economic impacts of a policy on a specific 
subpopulation. EPA's 2000 Guidelines for Preparing Economic Analyses, 
however, states that the Executive Order primarily addresses risks 
rather than economic analyses. 

Furthermore, we found that EPA varied in how explicitly it addressed 
the requirements of the Executive Order in publication of regulations. 
Every EPA Federal Register notice of a regulation subject to the order 
has a section in the preamble specifically addressing the order. We 
reviewed this section of all relevant notices from 1998 through 2008, 
and EPA did not always provide information on how it complied with the 
Executive Order or on what it found in conducting the required 
analyses.[Footnote 52] We found that EPA has not consistently 
documented in this section how it considered children's environmental 
health risks. Specifically, we found that EPA either quantified the 
effects on children or explained why it did not, or could not do so, 
for only 4 of the 17 of the rulemakings. We also found variation in 
the extent to which EPA provided information in the Federal Register 
notice about how the agency addressed the Executive Order's 
requirement to evaluate the environmental health or safety effects on 
children, with some notices providing minimal information. For 
example, the notices of the final regulations establishing the NAAQS 
for lead, ozone, and particulate matter merely stated that the 
standards may be especially important for children because the 
contaminants in question may disproportionately affect children's 
health. While EPA had conducted analyses of children's health in 
developing those regulations, this section of the notice did not 
provide the public with a summary of EPA's analyses, making it 
difficult for the public to understand the basis upon which EPA made 
its decision. Finally, EPA did not include, in the section on the 
Executive Order, any explanation of why a planned regulation is 
preferable to other "potentially effective and reasonably feasible 
alternatives" in 9 of 17 rulemakings. Appendix IV provides details of 
our analysis of EPA Federal Register notices for the 17 rulemakings 
that we determined to be subject to the Executive Order's regulatory 
requirements. 

In some cases, EPA's preamble discussion of its compliance with the 
Executive Order went beyond identifying its requirements, while at 
least one other agency responsible for rules potentially concerning 
risks to children does not routinely address the order in its Federal 
Register notices of regulations. For example, some EPA notices 
included information on data gaps that limited EPA's ability to more 
fully address the order's requirements. In the notice for the National 
Primary Drinking Water Regulations: Long Term 2 Enhanced Surface Water 
Treatment rule, EPA stated that data were not adequate to conduct a 
quantitative risk assessment specifically for children and that EPA 
assumed the same risk for children as for the population as a whole 
when evaluating regulatory alternatives. In contrast, the Food and 
Drug Administration does not appear to have discussed the Executive 
Order in its notices. This includes its notice on the final 
regulation--Prevention of Salmonella Enteritidis in Shell Eggs During 
Production, Storage, and Transportation--issued in July 2009, even 
though the regulation was economically significant and concerned a 
risk that disproportionately affects children. 

In Recent Years, EPA Has Not Fully Utilized Its Office of Children's 
Health and Other Child-Focused Resources: 

EPA's Office of Children's Health has recently had inconsistent 
leadership and direction, and the agency has not fully utilized other 
child-focused resources, such as its regional children's health 
coordinators and its Advisory Committee. 

EPA's Children's Health Protection Office Has Lacked Committed and 
Consistent Leadership: 

EPA's Office of Children's Health experienced multiple changes in 
leadership over the last several years, impairing its ability to 
fulfill its priorities and commitments. From 2002 to 2008, the office 
had four acting directors and no permanent director.[Footnote 53] EPA 
staff told us the Office of Children's Health had difficulty 
maintaining focus because of the varied priorities and initiatives of 
each director. For example, in 2007, the acting director tasked office 
staff to form workgroups and collaborate with senior program office 
staff across the agency in response to a set of recommendations from 
the Advisory Committee. The committee had recommended expanding 
research and committing additional EPA infrastructure to children's 
health, among other things, and the Administrator and acting director 
had committed to addressing the recommendations. The office's 
subsequent acting director eliminated the workgroups, and the office 
has yet to meaningfully address the Advisory Committee's 
recommendations. The committee has previously noted leadership 
challenges in the office, writing in a December 2002 memo to the 
Administrator that the office could not continue to play a key role 
within EPA and across the nation without permanent leadership. In May 
2004, EPA's Inspector General reported that the lack of a permanent 
director may have a negative impact on the longevity and importance of 
the children's environmental health program within EPA.[Footnote 54] 

We have previously reported that career government officials in 
leadership positions can help provide the long-term focus needed to 
institutionalize reforms that political appointees' often more limited 
tenure does not permit.[Footnote 55] Committed and consistent 
leadership is particularly important to the Office of Children's 
Health. Its mission is broad and far reaching, requiring continuous 
integration and communication with other EPA offices. For example, the 
office participates frequently in agencywide workgroups such as the 
Science Policy Council and the Risk Assessment Forum. The office also 
contributes expertise on science issues within EPA. For instance, it 
works with agency scientists on how to consider age-specific 
biological differences when conducting exposure and quantitative risk 
assessments. Leadership is also important because the office is 
supported by few resources and has a small number of staff, and 
because responsibility for implementing agencywide children's health 
priorities ultimately resides with EPA's program and regional offices. 
These conditions necessitate a proactive leader who can secure 
commitments from other parts of EPA to develop children-focused cross-
agency activities. 

We also found that the effectiveness of the Office of Children's 
Health has declined in the absence of direct and meaningful support 
from EPA's Administrator. In our report, we wrote that sustained top 
leadership commitment is the single most important element in 
successfully implementing organizational change and that this 
commitment is most prominently shown through personal involvement of 
top leaders in developing and directing reform efforts.[Footnote 56] 
In 1997, EPA's then-Administrator provided the first director of the 
Office of Children's Health with the necessary support to pursue 
initiatives by, for example, endorsing the director's decision to 
review the extent to which children's environmental health was 
considered in EPA's research budget and regulatory and science 
policies. EPA staff told us that the Administrator also endorsed the 
office's work with the Office of Research and Development to 
incorporate children's health concerns into the agency's exposure 
assessment guidelines, cancer guidelines, and its database on chemical 
risks. In carrying out these initiatives, the former director had 
frequent contact with the Administrator, and was invited to all 
Administrator staff meetings, usually attending two each week. At 
these meetings, the director had the opportunity to speak directly 
with the Administrator's chief of staff and other EPA political 
appointees on children's health issues. Between 2001 and 2003, EPA's 
subsequent Administrator maintained a similar level of support for the 
director of the Office of Children's Health. For example, the 
Administrator gave the director significant responsibility for 
representing EPA at international children's health conferences. 
According to three former directors of the office, from 2003 until the 
2009 installation of the new permanent director of the Office of 
Children's Health, the office directors have not been given high- 
profile responsibility for representing the agency. Furthermore, they 
have not had the same level of access to the Administrator, having no 
longer been invited to the Administrator's staff meetings. The current 
director recently told us that, while he does not attend the 
Administrator's regular senior-level meetings (i.e., with the 
assistant and regional administrators), he believes he has had the 
level of access to the Administrator that he needs. 

EPA's Regions Have Widely Differing Staff Resources for Children's 
Health and Lack Leadership from Headquarters: 

EPA's 10 regional offices have widely differing staff resources 
dedicated to children's environmental health, because the regional 
administrators make that determination. As shown in figure 3, each 
region has a designated children's environmental health coordinator, 
but not every region has a full-time coordinator. Four regions have 
one-fifth of a staff position or less dedicated to children's health 
work.[Footnote 57] Moreover, Region 6 and Region 9--together covering 
the states along the U.S. southern border--have one-hundredths of a 
staff position for children's environmental health. EPA's regional 
children's environmental health coordinators told us they believe they 
are often understaffed, and even the full-time coordinators are 
increasingly being asked to perform additional work not related 
specifically to children's health. As a result, they are not able to 
fully dedicate themselves to children's health. 

Figure 3: EPA Regional Children's Environmental Health Coordinator 
Staffing Levels by Region, in FTEs: 

[Refer to PDF for image: United States map] 

The map depicts the boundaries of the regions, as well as the 
following FTEs by region: 

Region 1: 0.2. 
Region 2: 1.0. 
Region 3: 1.0. 
Region 4: 1.0. 
Region 5: 1.0. 
Region 6: 0.0. 
Region 7: 0.1. 
Region 8: 1.0. 
Region 9: 0.01. 
Region 10: 0.5. 

Source: EPA. 

Note: Region 2 includes Puerto Rico and the U.S. Virgin Islands, 
Region 9 includes Hawaii, and Region 10 includes Alaska. 

[End of figure] 

In addition, EPA's regional children's health coordinators told us 
their roles are neither set by the Office of Children's Health nor set 
to directly support agencywide, children-specific goals or strategies. 
Although the office facilitates information sharing among regional 
coordinators, primarily through monthly conference calls and an annual 
meeting, the 10 regional administrators determine the 
responsibilities, resources, and organizational placement of the 
children's environmental health coordinators within their respective 
region. For example, one EPA deputy regional administrator identified, 
as priority areas, three contaminants that pose risks to children--
diesel, lead, and radon. The children's environmental health 
coordinator in that region subsequently sought resources from the 
program office to determine how to address these priorities and 
collaborate with ongoing projects in the region. In another region, 
priority setting was done from the "bottom up," driven largely by the 
availability of external (non-EPA) funding from sources such as 
nonprofit organizations. In addition, the Office of the Administrator 
has a lead coordinator who serves as a liaison between the regional 
offices and the eight suboffices within the Office of the 
Administrator (including the Office of Children's Health), but the 
lead also has a limited role determining EPA's children's health 
activities, with approximately one-eighth of their time working with 
the Office of Children's Health. 

According to Office of Children's Health officials, most EPA regions 
do not have a dedicated budget to support the children's health 
coordinators. Often, coordinators must take the initiative to obtain 
assistance, or get logistical support, from other staff from the EPA 
branch or division in which they are located. As shown in table 3, the 
organizational placement of the children's coordinators also varies 
widely across the regions. That regional structure has led to 
differing priorities across regions, which may be appropriate in some 
circumstances when coordinators need to respond to unique regional 
children's health challenges, but does not provide a consistent 
organizational mechanism that integrates the Office of Children's 
Health or institutionalizes the Administrator's top children's health 
priorities across the regions. 

Table 3: Placement of EPA's Regional Children's Health Coordinators 
within the Offices of the Regional Administrator: 

EPA region: 1; 
Organizational placement: Office of Public Affairs. 

EPA region: 2; 
Organizational placement: Office of Strategic Programs. 

EPA region: 3; 
Organizational placement: Environmental Assessment and Innovation 
Division; Office of Environmental Innovation. 

EPA region: 4; 
Organizational placement: Air, Pesticides and Toxics Management 
Division; Pesticides and Toxics Substances Branch; Children's Health, 
Lead and Asbestos Section. 

EPA region: 5; 
Organizational placement: Land and Chemicals Division; Chemical 
Management Branch. 

EPA region: 6; 
Organizational placement: Multimedia Planning and Permitting Division; 
Toxics Branch. 

EPA region: 7; 
Organizational placement: Office of Public Affairs. 

EPA region: 8; 
Organizational placement: Office of Partnerships And Regulatory 
Assistance; State Partnerships and Sustainable Practices Program. 

EPA region: 9; 
Organizational placement: Office of Public Affairs. 

EPA region: 10; 
Organizational placement: Office of Ecosystems, Tribal, and Public 
Affairs; Ecosystems, Community Health, and Environmental Justice 
Branch. 

Source: GAO based on EPA information. 

[End of table] 

According to EPA officials, a key factor in ensuring effective 
regional children's health coordinators is strong leadership and 
direction from the EPA Administrator and other top EPA officials. 
While regional administrators and other managers were involved in 
agencywide strategy and priority setting exercises related to 
children's health issues starting in early 2001, such efforts have not 
taken place since 2003. At present, there is no formal, agencywide 
effort in which EPA's regional or deputy administrators involve 
themselves in children's health issues. Instead, EPA staff told us 
that many EPA regions react to children's health crises, rather than 
proactively supporting programs to prevent children's health problems 
before they arise. Furthermore, regional administrators may or may not 
take direction from the Office of Children's Health, and several EPA 
officials stated that the office has rarely communicated its 
priorities to the EPA regional administrators or deputy regional 
administrators.[Footnote 58] The office recently told us that the new 
director has discussed his five-point approach in a call with the 
deputy regional administrators and visited four regional offices to 
discuss children's health with regional staff and managers. 

EPA Has Made Little Use of Its Children's Health Protection Advisory 
Committee: 

In September 2008, we testified that EPA had not proactively used its 
Children's Health Protection Advisory Committee to maintain a focus on 
protecting children's environmental health.[Footnote 59] As we said 
earlier, the Advisory Committee was established to provide advice, 
consultation, and recommendations to EPA in the areas of research, 
community outreach, and the development of regulations, guidance, and 
policies. EPA rarely sought out the Advisory Committee's advice in 
those areas, despite convening the committee 33 times between 1998 and 
2008 for presentations and discussions with EPA and non-EPA officials. 
We identified only four instances where EPA specifically asked for the 
committee's advice on research, three instances on outreach, four 
instances on regulations, and two instances on guidance. We did not 
identify any instances where EPA sought out the committee's advice on 
policies, including the Policy on Evaluating Health Risks to Children, 
which has not been updated since it was established in 1995. 

Nonetheless, the members of the Advisory Committee drafted and 
approved 74 letters to the Administrator between 1998 and 2008, to 
which EPA responded 53 times (about 73 percent). Those letters 
contained a range of information, advice, and recommendations. The 
Advisory Committee's letters offered EPA hundreds of recommendations 
about a variety of topics related to reducing environmental health 
risks to children. We identified 607 recommendations during our review 
of the Advisory Committee's letters. A small number of letters 
contained recommendations relating to multiple children's 
environmental health issues, such as a May 2008 letter with 
recommendations about mercury regulation, farm worker protection 
standards, organophosphate pesticides, and air quality. However, most 
letters contained recommendations on a single issue. The number of 
recommendations varied from year to year, ranging from 120 in 2000 to 
20 in 2001. We placed the 607 recommendations into 10 categories that 
demonstrate the breadth and depth of the Advisory Committee's 
concerns. Figure 4 shows the number of recommendations in each 
category. Some recommendations were placed into multiple categories 
when, for example, a recommendation was related to "research" and 
"policy and procedures."[Footnote 60] The largest category of 
recommendations concerned how EPA conducts, prioritizes, and utilizes 
research on children's environmental health. The next largest 
categories involved the agency's policies and priorities and the 
development and use of guidance documents. 

Figure 4: Number of Children's Health Protection Advisory Committee 
Recommendations by Category: 

[Refer to PDF for image: vertical bar graph] 

Category: Research; 
Number of recommendations: 122. 

Category: EPA policies and priorities; 
Number of recommendations: 97. 

Category: Guidance development and usage; 
Number of recommendations: 97. 

Category: External partnership and inter-agency coordination; 
Number of recommendations: 87. 

Category: Risk assessment; 
Number of recommendations: 83. 

Category: Regulations and standards; 
Number of recommendations: 81. 

Category: Education and public awareness; 
Number of recommendations: 69. 

Category: EPA organization and processes; 
Number of recommendations: 64. 

Category: Tracking and indicators; 
Number of recommendations: 59. 

Category: Budget and resources; 
Number of recommendations: 36. 

Source: GAO analysis of Advisory Committee letters. 

Note: Because recommendations may appear in multiple categories, the 
number of recommendations shown in the figure exceeds the total number 
of recommendations. 

[End of figure] 

In our September 2008 testimony, we also stated that EPA had not 
substantially addressed key Advisory Committee recommendations. For 
example, EPA had not specifically acknowledged 11 of the Advisory 
Committee's 23 recommendations concerning proposed revisions to the 
NAAQS for particulate matter, ozone, and lead. EPA did provide the 
Advisory Committee with official response letters to six of its seven 
NAAQS-related letters, but generally did not acknowledge or was 
noncommittal to the Advisory Committee's recommendations. Instead, it 
provided a generic statement about considering the recommendations 
with all other public comments. We also testified that EPA had not 
fulfilled its commitment to address key recommendations submitted to 
EPA by the Advisory Committee on the 10th anniversary of the Executive 
Order. The Advisory Committee's April 10, 2007, letter provided 
recommendations in seven areas for renewing EPA's vision on children's 
environmental health and its commitment to the principles outlined in 
the order. EPA's June 13, 2007, response letter directed the Office of 
Children's Health to work collaboratively with program offices across 
the agency and committed the agency to working with the Advisory 
Committee to review these recommendations. However, while the office 
established workgroups within its Children's Health Advisory 
Management Partners group to address each of the seven areas outlined 
by the Advisory Committee, a new acting director stopped the process 
in late 2007. 

In our September 2008 testimony, we recommended that the Administrator 
examine ways to more proactively use the Advisory Committee to 
reinvigorate the agency's focus on protecting children's health. Since 
that time, EPA's Administrator and the Director of EPA's Office of 
Children's Health have met with the Advisory Committee in March and 
July 2009, respectively. In his remarks to the Advisory Committee, the 
Director expressed his commitment to more proactively use the Advisory 
Committee to support EPA's efforts to protect children's health. 
Specifically, he said that EPA could more effectively use the Advisory 
Committee for advice in developing regulations, and he asked for input 
on how to engage the Advisory Committee early and often in 
rulemakings. He also said that the committee could provide leadership 
in the area of science policy at EPA. He told the committee that it 
could advise EPA on developing policies for conducting research and 
making decisions in instances where EPA lacks conclusive information 
about children's vulnerabilities. For example, the Director recently 
asked the committee to provide EPA with advice on its draft school 
siting guidelines. 

Opportunities Exist for EPA to Lead and Coordinate National Efforts to 
Protect Children from Environmental Threats: 

The Executive Order provides EPA with opportunities for leadership and 
coordination across the federal government. Key provisions of the 
Executive Order, specifically an interagency task force that reports 
to the President on federal research priorities--were allowed to lapse 
in 2005. There are other federal opportunities to set national goals 
and indicators related to children's environmental health, such as the 
Interagency Forum on Child and Family Statistics and Healthy People 
2020. 

Task Force Provided High-level Opportunities for Strategy Development 
and Interagency Coordination until It Expired in 2005: 

The President's Task Force on Children's Environmental Health Risks 
and Safety Risks was authorized by the Executive Order in April 1997 
for a period of 4 years to provide high-level leadership and 
interagency coordination on children's environmental health. It 
comprised nine cabinet officials and seven White House office 
directors and was co-chaired by the Administrator of EPA and the 
Secretary of the Department of Health and Human Services. The Task 
Force convened five times for meetings in October 1997, April 1998, 
January 1999, September 1999, and October 2001. As part of National 
Children's Health Month in October 2001, the President extended the 
Task Force for 2 years. According to EPA officials, the Administrator 
urged the President to continue the Task Force; in April 2003, the 
President extended it for a final 2 years. However, the final order 
eliminated the provision for reassessing the need for continuance of 
the Task Force, which was not convened after the October 2001 meeting. 
According to EPA officials involved on the steering committee, the 
agency was not able to convene the Task Force thereafter, for reasons 
related to new priorities following the September 11, 2001, terrorist 
attacks. Nonetheless, a senior career-level staff steering committee 
continued to meet until 2005 to coordinate and implement the 
strategies that the Task Force developed to address the threats to 
children's health. 

The Task Force contributed to eight areas which related to children's 
health, including the establishment of the National Children's Study, 
the largest long-term study of environmental influences on children's 
health and development. The study was proposed and developed through 
the cooperation of four agencies, including EPA, to examine the 
effects of environmental influences on the health and development of 
more than 100,000 children across the nation, following them from 
before birth until age 21. It was initiated as part of the Children's 
Health Act of 2000. 

The Task Force also identified four major environmental and safety 
threats to children--asthma, developmental disabilities (including 
lead poisoning), cancer, and unintentional injuries--and created 
national strategies for each of them. In its strategy documents, the 
Task Force recognized that an integrated solution was needed across 
the federal government to address the complex interaction between a 
child's biology, behavior, and the physical, chemical, biological, and 
social environment. According to the children's health experts with 
whom we spoke--including EPA's first senior advisor for children's 
health and the first director of the office--the Task Force provided 
critical leadership on several important initiatives such as the 
National Children's Study and the Healthy School Environments 
Assessment Tool (HealthySEAT). These national programs focus heavily 
on the environmental influences on children's health, with the 
National Children's Study examining the role of environmental factors 
on health and disease and Healthy SEAT offering school districts a 
self-assessment tool for identifying and evaluating environmental, 
safety, and health hazards. 

In addition, the departments and agencies that made up the Task Force 
partnered to prepare a fiscal year 2001 interagency budget initiative 
to fund the Task Force's initiatives in the four priority areas. The 
Secretary of Health and Human Services and the Administrator of EPA 
submitted the request to OMB with the recommendation that it be 
included as part of the President's budget request that year. EPA 
officials told us that OMB's involvement helped ensure that adequate 
funds were available to these agencies to address children's health. 
This interagency budgeting effort did not continue past the last 
meeting of the Task Force in 2001. 

Since the Task Force's expiration, EPA and the Department of Health 
and Human Services no longer have a high-level infrastructure or 
mandate to coordinate federal strategies for children's environmental 
health and safety. According to the EPA staff and children's health 
experts with whom we spoke, had the Task Force continued, it could 
have helped the federal government respond to the health and safety 
concerns that prompted the 2007 recall of 45 million toys and 
children's products. Furthermore, since the Task Force provision of 
the Executive Order expired in 2005, the Task Force's reports are no 
longer generated. Those reports collected and detailed the interagency 
research, data, and other information "necessary to enhance the 
country's ability to understand, analyze, and respond to environmental 
health risks to children." 

The Task Force was also charged with preparing reports on research, 
data, and other information that would enhance the federal 
government's ability to understand, analyze, and respond to 
environmental health risks to children. In the 2003 order to extend 
the Task Force, the President also directed that each report detail 
the accomplishments of the Task Force from the date of the preceding 
report. Through the biennial reporting process, each agency on the 
Task Force identified and described key data needs related to 
environmental health risks to children that had arisen in the course 
of the agency's programs and activities. The reports were made 
available to the public and intended for use by the Office of Science 
and Technology Policy and the National Science and Technology Council 
to establish national research priorities. 

EPA Has Had Varied Involvement in Federal Interagency Forum on Child 
and Family and Children Statistics: 

The Executive Order also formally established the Interagency Forum on 
Child and Family Statistics, made up of representatives from federal 
statistics and research agencies and convened by the Director of OMB. 
[Footnote 61] The order required the forum to publish an annual report 
on the most important indicators of the well-being of the country's 
children. As a result, the forum has published America's Children: Key 
National Indicators of Well-Being each year since 1997. The 2003 
amendments to the Executive Order required the forum to begin 
publishing the report biennially. Accordingly, the forum issued a 
brief report in 2004 to highlight selected indicators, and it 
publishes the full report on alternate years. The Interagency Forum 
also updates all indicators and background data each year on its Web 
site.[Footnote 62] 

According to the forum's 2009 report: 

One important measure of children's environmental health is the 
percentage of children living in areas in which air pollution levels 
are higher than the allowable levels of the Primary National Ambient 
Air Quality Standards. These standards, established by the U.S. 
Environmental Protection Agency under the Clean Air Act, are designed 
to protect public health, including the health of susceptible 
populations such as children and individuals with asthma. Ozone, 
particulate matter, sulfur dioxide, and nitrogen dioxide are air 
pollutants associated with increased asthma episodes and other 
respiratory illnesses. Lead can affect the development of the central 
nervous system in young children, and exposure to carbon monoxide can 
reduce the capacity of blood to carry oxygen. 

Table 4 shows the key national indicators for physical environment and 
safety from the 2009 report. 

Table 4: Key Physical Environment and Safety Indicators of Children's 
Well-Being, 2009: 

Indicator: Outdoor and indoor air quality; 
Measure: Children ages 0-17 living in counties in which levels of one 
or more air pollutants were above allowable levels; 
Previous value (year): 66% (2006); 
Most recent value (year): 66% (2007); 
Change between years: NS. 

Indicator: Drinking water quality; 
Measure: Children served by community water systems that did not meet 
all applicable health-based drinking water standards; 
Previous value (year): 9% (2006); 
Most recent value (year): 8; (2007); 
Change between years: NS. 

Indicator: Lead in the blood of children; 
Measure: Children ages 1-5 with blood lead level greater than or equal 
to 10 mg/dL; 
Previous value (year): 2% (1999-2002); 
Most recent value (year): [A] (2003-2006); 
Change between years: NS. 

Indicator: Housing problems; 
Measure: Households with children ages 0-17 reporting shelter cost 
burden, crowding, and/or physically inadequate housing; 
Previous value (year): 40% (2005); 
Most recent value (year): 43% (2007); 
Change between years: NS. 

Indicator: Youth victims of serious violent crimes; 
Measure: Serious violent crime victimization of youth ages 12-17; 
Previous value (year): 14 per 1,000 (2005); 
Most recent value (year): 10 per 1,000 (2006); 
Change between years: NS. 

Indicator: Child injury and mortality; 
Measure: Injury deaths of children, ages 1-4; 
Previous value (year): 13 per 100,000 (2005); 
Most recent value (year): 12 per 100,000 (2006); 
Change between years: NS. 

Indicator: Child injury and mortality; 
Measure: Injury deaths of children, ages 5-14; 
Previous value (year): 8 per 100,000 (2005); 
Most recent value (year): 7 per 100,000 (2006); 
Change between years: Statistically significant decrease. 

Indicator: Child injury and mortality; 
Measure: Injury deaths of adolescents, ages 15-19; 
Previous value (year): 50 per 100,000 (2005); 
Most recent value (year): 50 per 100,000 (2006); 
Change between years: NS. 

Source: Forum on Child and Family Statistics, America's Children: Key 
National Indicators of Well-Being, 2009. 

Notes: 

[A] Percentage is not shown because sample is too small to provide a 
statistically reliable estimate. 

NS: No statistically significant change. 

[End of table] 

The forum's reports provide substantial detail about each indicator, 
including its relationship to children's health, and identify 
important areas where indicators are needed. For example, the 2009 
report identified the need for a broader set of indicators on (1) body 
burden measurements (i.e., levels of contaminants in blood and urine) 
to characterize children's exposures, and (2) environmental quality to 
assess indoor air contaminants other than environmental tobacco smoke 
(e.g., pesticides) in homes, schools, and day care settings and for 
cumulative exposures to multiple environmental contaminants that 
children encounter daily. 

Our analysis of EPA's involvement in the forum showed that the agency 
has not been consistently involved over the years. EPA had nearly no 
involvement in the first three reports--1997, 1998, and 1999--and, not 
surprisingly, those reports contained no indicators related to 
children's environmental health. Beginning with the 2000 report, the 
Director of the Office of Children's Health helped lead the 
establishment of an indicator on air pollution (i.e., the NAAQS). That 
report identified the need for indicators to describe children's 
potential exposure to contaminants in drinking water and food. 
Subsequent reports began including an expanded set of indicators, 
including one for drinking water. Beginning in 2003, EPA's newly 
created Office of Environmental Information led EPA's involvement. In 
2008, EPA's Office of Children's Health was again made the lead office 
for the agency. The official contact for the office is its Director of 
the Child and Aging Health Protection Division, who recently told us 
that the office again is participating and coordinating with other 
offices such as the EPA's Office of Policy, Economics, and Innovation. 

Additional Federal Efforts to Address Children's Environmental Health 
Risks: 

In addition to the provisions of the Executive Order, there are other 
federal opportunities to address children's environmental health, 
including Healthy People 2010 and Healthy People 2020 and the 
international commitments to environmental health through the G8 
(Group of Eight) countries. Healthy People is led by the Department of 
Health and Human Services and is composed of 28 focus areas with a 
total of 467 objectives and targets, including 17 on environmental 
quality. Within each area, Healthy People selected a few leading 
indicators. The Healthy People 2010 leading indicators for 
environmental quality are: 

* reduce the proportion of children, adolescents, and adults that are 
exposed to ozone above the EPA standard from 43 percent (in 1997) to 0 
percent (by the year 2010), and: 

* reduce the proportion of nonsmokers exposed to environmental tobacco 
smoke (i.e., secondhand smoke) from 65 percent (in 1988-1994) to 45 
percent (in 2010). 

According to Healthy People 2010, these indicators were selected 
because poor air quality contributes to respiratory illness, 
cardiovascular disease, and cancer. For example, asthma can be 
triggered or worsened by exposure to ozone, and while the overall 
death rate from asthma increased 57 percent from 1980 to 1993, for 
children it increased 67 percent. Healthy People 2010 is national in 
scope and includes identifying health indicators, collecting data, and 
reporting on progress toward meeting a range of health goals. In fact, 
the data sources for tracking most environmental indicators come from 
EPA. 

EPA's environmental regulations and standards are key to achieving 
national environmental health objectives. EPA was not a lead federal 
agency in efforts to develop the Healthy People 2010 goals and 
indicators for environmental quality or the Federal Interagency 
Workgroup for Healthy People 2020. The agencies involved in Healthy 
People 2010 and 2020 are the Agency for Toxic Substances and Disease 
Registry, CDC, and the National Institutes of Health--each within the 
Department of Health and Human Services, the department that formerly 
co-chaired the Task Force with EPA. 

With regard to international agreements, while the United States 
reiterated its commitment to protect children from environmental 
threats at the most recent meeting of the G8 environmental ministers, 
EPA has not undertaken an evaluation of its progress since 2002 or 
considered opportunities for a broader leadership role. The 
environmental ministers of the G8 countries declared that children's 
environmental health was a shared priority among the eight countries 
at their meeting in Miami, Florida, in May 1997.[Footnote 63] They 
developed the Declaration of the Environmental Leaders of the Eight on 
Children's Environmental Health (Miami Declaration) that provided a 
framework for domestic, bilateral, and international actions by member 
nations to improve protection of children's health from seven 
environmental threats. In 2002, the Government of Canada published a 
status report on the implementation of the Miami Declaration. Table 5 
lists the seven issues and key commitments, along with a brief 
progress summary from Canada's report. Notably, the status update for 
U.S. commitments on lead and air quality refer to two of the national 
strategies developed by the now-defunct President's Task Force. 

Table 5: Summary of Commitments and U.S. Implementation of the 1997 
Miami Declaration, as of 2002: 

Children's environmental health issue: Risk assessment and standard 
setting; 
Key commitment: "We pledge to establish national policies that take 
into account the specific exposure pathways and dose-response 
characteristics of children when conducting environmental risk 
assessments and setting protective standards"; 
Status update: Implementation of the Food Quality Protection Act 
requires an additional 10-fold margin of safety for threshold effects. 

Children's environmental health issue: Lead; 
Key commitment: "We call for further actions that will result in 
reducing blood lead levels in children to below 10 micrograms per 
deciliter. Where this blood lead level is exceeded, further action is 
required"; 
Status update: Implementation of the federal Strategy to Eliminate 
Childhood Lead Poisoning by 2010. 

Children's environmental health issue: Microbiologically safe drinking 
water; 
Key commitment: "We agree to focus increased attention on drinking 
water disinfection, source water protection and sanitation..."; 
Status update: There are new final rules for Cryptosporidium and 
disinfection by-products. 

Children's environmental health issue: Air quality; 
Key commitment: "We undertake to reduce air pollution in our 
respective countries. We agree to exchange information on indoor air 
health threats and remedial measures"; 
Status update: Implementation of Asthma and the Environment: An Action 
Plan to Protect Children. 

Children's environmental health issue: Environmental tobacco smoke 
(ETS); 
Key commitment: "We agree to cooperate on education and public 
awareness efforts aimed at reducing children's exposure to 
environmental tobacco smoke"; 
Status update: A new national public information campaign focuses on 
reducing at-risk children's exposure to ETS and other indoor and 
outdoor asthma triggers. 

Children's environmental health issue: Endocrine disrupting chemicals 
(EDC); 
Key commitment: "We encourage continuing efforts to compile an 
international inventory of research activities, develop an 
international science assessment…identify and prioritize research 
needs and data gaps, and develop a mechanism for coordinating and 
cooperating on filling research needs. We pledge to develop 
cooperatively risk management or pollution prevention strategies, as 
major sources and environmental fates of endocrine disrupting 
chemicals are identified and will continue to inform the public as new 
knowledge is gained"; 
Status update: The United States has a research program on EDCs and a 
screening program. 

Children's environmental health issue: Climate change; 
Key commitment: The declaration does not contain any specific 
commitments on this issue but recognized that "action must be taken to 
confront the problem of global warming" given that "children and 
future generations face serious threats to their health and welfare 
from changes in the Earth's climate"; 
Status update: Global Change Research Program includes human health 
assessments. 

Source: Excerpts from Government of Canada, Status Report on the 
Implementation of the 1997 Declaration of the Environment Leaders of 
the Eight on Children's Environmental Health (2002). 

[End of table] 

EPA has not undertaken an evaluation of its progress toward the 
country's international commitments for children's environmental 
health. Nor has the United States taken a leadership role in updating 
or reissuing specific new commitments since the 1997 declaration. At 
the April 2009 meeting of the G8, the EPA Administrator cited the 
declaration, highlighted subsequent U.S. activities, and provided 
examples of other countries' actions--including Europe's new chemicals 
policy and the World Health Organization's Children's Environment and 
Health Action Plan.[Footnote 64] The Administrator closed her remarks 
to the environmental ministers by stating, 

We have learned much in the last 12 years about the ways that 
environmental exposures uniquely affect children. With that increased 
knowledge, our sense of urgency for further action on children has 
also increased….The U.S. government, under this new administration, 
will keep faith with the promise we've made to future generations. I 
hope we can continue the work we started in 1997, renewing our 
commitment to protect children from environmental threats where they 
live, learn, work and play. 

Conclusions: 

Since the President signed Executive Order 13045 in 1997, every EPA 
Administrator has stated that children's environmental health is a 
priority at the agency. However, the momentum seen in the goals, 
strategies, and accomplishments for children's health that resulted 
from that initiative more than a decade ago has not been sustained 
through succeeding EPA administrators. Instead, we have seen 
diminished leadership, planning, and coordination at EPA and across 
the federal government with regard to children's environmental health. 
In the intervening years, research has only further substantiated the 
importance that environmental exposures have during development--from 
before birth, through early childhood and adolescence, and into 
adulthood. The possibility that exposure to environmental contaminants 
may have lifelong health consequences for an individual person--and 
subsequent generations--is a paradigm shift in sophistication from the 
idea that "children are not just little adults," an idea that was 
groundbreaking in the early 1990s. In order to continue making 
progress toward protecting children from environmental health threats, 
we believe EPA needs to reinvigorate its leadership and focus on 
children's environmental health in concrete and actionable ways. 

Notwithstanding the actions that EPA can take on its own, leadership 
from outside the agency will likely be needed for sustained progress 
toward protecting children from current and emerging environmental 
threats. As we stated in our testimony, the Children's Health 
Protection Advisory Committee and the President's Task Force on 
Children's Environmental Health Risks and Safety Risks have served as 
two such entities. The Advisory Committee has provided strategic, 
specific, and often unsolicited advice to EPA over the past decade. We 
continue to believe that EPA could do more to fully utilize that body 
of experts to inform EPA's developing regulations and generally 
support the agency's efforts to protect children's health.[Footnote 
65] Engaging the committee early and often in rulemakings and 
providing leadership in the area of science policy and other areas 
where EPA may lack conclusive information about children's 
vulnerabilities would take advantage of the Advisory Committee's 
expertise and reinvigorate its original purpose. The President's Task 
Force that expired in 2005 provided high-level infrastructure to 
coordinate federal strategies for children's environmental health and 
safety problems such as asthma, as well as data needs. Furthermore, 
the Task Force documented its accomplishments to the President in 
reports that detailed its members' efforts to enhance the nation's 
ability to understand, analyze, and respond to environmental health 
risks to children. EPA staff and children's health experts told us the 
Task Force could help the federal government respond to national 
health and safety concerns, such as recalls of toys and other 
children's products. Because the Task Force included nine cabinet 
officials and seven White House office directors and was co-chaired by 
the Administrator of EPA and the Secretary of Health and Human 
Services, it provided the leadership and authority needed to address 
children's environmental health issues of national scope. We see 
opportunity for EPA to take a leadership role and identify, assess, 
and address the environmental health challenges of the 21st century 
such as low levels of toxic chemicals that may cause cancer and induce 
reproductive or developmental changes in the nation's children. 

Recommendations for Executive Action: 

To help ensure that EPA assumes high-level leadership and develops 
strategies and structures for coordinating efforts addressing 
children's environmental health both within the agency and throughout 
the federal government, we are making eight recommendations for 
executive action. 

To maximize opportunities to institutionalize children's health 
throughout the agency, we recommend that the EPA Administrator take 
the following actions: 

* update and reissue a child-focused strategy, such as the 1996 
National Agenda, to articulate current national environmental health 
priorities and emerging issues; 

* strengthen the data system that identifies and tracks development of 
rulemakings and other actions to ensure they comply with the 1995 
policy on evaluating health risks to children; 

* re-evaluate the 1995 policy to ensure its consistency with new 
scientific research demonstrating the risks childhood exposures can 
have on risks for disease in later lifestages; 

* ensure that the EPA's 2009-2013 strategic plan expressly articulates 
children-specific goals, objectives and targets; 

* re-evaluate the mission of the Office of Children's Health 
Protection and its director to make the office an agencywide champion 
for implementation of a reissued national children's environmental 
health agenda, policy, and related goals in the next EPA strategic 
plan; 

* establish key children's environmental health staff within each 
program office and regional office, with linkages to the Office of 
Children's Health, to improve cross-agency implementation of revised 
priorities and goals, and ensure coordination and communication among 
EPA's program offices; 

* use the Children's Health Protection Advisory Committee proactively 
as a mechanism for providing advice on regulations, programs, plans, 
or other issues; and: 

* ensure participation, to the fullest extent possible, by the Office 
of Children's Health or other key officials on the interagency 
organizations identified in Executive Order 13045. 

Matter for Congressional Consideration: 

Because EPA alone cannot address the complexities of the nation's 
challenges in addressing environmental health risks for children, we 
encourage Congress to re-establish a government-wide task force on 
children's environmental health risks, similar to the one previously 
established by Executive Order 13045 and co-chaired by the 
Administrator of EPA and the Secretary of Health and Human Services. 
We encourage Congress to charge it with identifying the principal 
environmental health threats to children and developing national 
strategies for addressing them. We further encourage Congress to 
establish in law the Executive Order's requirement for periodic 
reports about federal research findings and research needs regarding 
children's environmental health. 

Agency Comments and Our Evaluation: 

We provided EPA with a draft of this report for review and comment. 
EPA stated that the report accurately portrays the agency's challenges 
in addressing children's environmental health, and sets forth sound 
recommendations on steps that could be taken to better incorporate 
protection of children's health as an integral part of EPA's everyday 
business. EPA also commented that implementing the recommendations 
provided in this report will bring the agency a long way to achieving 
its goals for protecting children's health. EPA's written comments are 
in appendix V. In addition, EPA provided technical comments, which we 
incorporated into the report as appropriate. 

As agreed with your offices, unless you publicly announce the contents 
of this report earlier, we plan no further distribution until 30 days 
from its issuance. At that time, we will send copies of this report to 
interested congressional committees, the Administrator of the 
Environmental Protection Agency, and other interested parties. The 
report also will be available at no charge on GAO's Web site at 
[hyperlink, http://www.gao.gov]. 

If you or your staffs have any questions about this report, please 
contact me at (202) 512-3841 or stephensonj@gao.gov. Contact points 
for our Offices of Congressional Relations and Public Affairs may be 
found on the last page of this report. GAO staff who made major 
contributions to this report are listed in appendix VI. 

Signed by: 

John B. Stephenson:
Director, Natural Resources and Environment: 

[End of section] 

Appendix I: Scope and Methodology: 

Our report objectives were to examine (1) the extent to which the 
Environmental Protection Agency's (EPA) policies, plans, and guidance 
have served to institutionalize the agency's consideration of 
children's environmental health; (2) the extent to which EPA has 
utilized its children's health office and other child-focused 
resources; and (3) what opportunities exist for EPA to provide 
national leadership in addressing current and emerging environmental 
risks to children's health. 

To address our first objective, we obtained and analyzed key EPA 
children's health-related policies, strategic and performance plans, 
guidance documents, and selected children's indicator reports, and 
referred to long-established quality management criteria from the 
Government Performance Results Act. We considered EPA's "2006-2011 
Strategic Plan: Charting Our Course," "2003-2008 Strategic Plan: 
Direction for the Future," "EPA Strategic Plan: 2000-2005," "EPA 
Strategic Plan: 1997-2003," as well as EPA's forthcoming strategic 
plan, "2009-2013 Strategic Plan: Change Document," which was in draft 
form at the time of our review. We analyzed the goals, objectives, and 
strategic targets of these documents in order to determine the extent 
that they address children's health. We reviewed EPA's performance and 
accountability reports to identify performance measures associated 
with identified children's health objectives and strategic targets. We 
discussed the plans and reports with officials from EPA's Office of 
the Chief Financial Officer, including staff from the Office of 
Planning, Analysis, and Accountability. We also reviewed OMB Circular 
No. A-11 on guidance to agencies preparing materials required for 
strategic plans and annual program performance reports. We reviewed 
EPA Federal Register notices for regulations subject to the regulatory 
requirements of the order as well as documents detailing EPA's 
rulemaking for its National Ambient Air Quality Standards for 
Particulate Matter published in October 2006. We also reviewed 
children's health data that EPA maintains in its regulatory tracking 
database. 

To address our second objective, we used NVivo, a content analysis 
software package, to analyze 35 Advisory Committee meeting agendas and 
related summaries derived from meetings held bi-or tri-annually 
between December 1997 and July 2009. Content analysis is a methodology 
for structuring and analyzing written material. We also used the 
software to analyze 74 Children's Health Protection Advisory Committee 
(Advisory Committee) letters sent to EPA and 53 EPA response letters, 
issued between May 1998 and December 2008. Our internal team of 
subject matter and methodological experts developed a coding scheme 
for identifying (1) recommendations, which we defined as any and all 
statements made in Advisory Committee letters that advise, ask, 
request, suggest, or urge EPA to take action; and (2) EPA requests of 
the Advisory Committee, which we defined as formal or incidental 
requests for advice or input by EPA to its Advisory Committee. 
Recommendations were identified in Advisory Committee letters sent to 
EPA. In some cases, a single sentence contained multiple 
recommendations. For example, the Advisory Committee wrote "EPA should 
show leadership in applying stringent mercury controls in our own coal-
fired power plants and involve the U.S. in technology transfer to 
improve emissions in other parts of the world," which we coded as two 
recommendations. EPA requests of the Advisory Committee were 
identified in meeting summaries, which represent the official and 
complete record of proceedings. Other requests--for example, 
individually from an EPA official to an individual Advisory Committee 
member--were not considered requests as the entire Advisory Committee 
must be informed and consensus must be reached by the Advisory 
Committee on all matters, as specified in its charter. 

To characterize the range of issues recommended to EPA by its Advisory 
Committee, we developed content analysis categories based on a review 
of the Advisory Committee's charter and an initial review of the 
letters. We then coded each recommendation into one or more of the 
following 10 categories: 

* budget and resources (financing, funding, or the need to change 
resource levels for a program or issue), 

* education and public awareness (providing information to the public 
through different media outlets), 

* organization and processes (how EPA is organized, including how it 
operates, the form or function of EPA management, and its internal 
processes and procedures), 

* policies and priorities (advising EPA to amend, go forward with, or 
cease a particular policy or prioritization that directly or 
indirectly may impact children's health), 

* external partnership and inter-agency coordination (how EPA 
coordinates or collaborates with other agencies or entities), 

* guidance (developing, updating and using guidance documents and 
related information resources), 

* regulations and standards (EPA regulations and its work setting or 
influencing EPA or government-wide standards), 

* research (conducting, funding, utilizing, or prioritizing research 
that would benefit children's health), 

* risk assessment (development of risk assessment protocols, and 
selecting assumptions, risk factors, and margins of error), and: 

* tracking and indicators (tracking environmental pollutants, as well 
as monitoring such pollutants and/or observing human health outcomes 
over time). 

The content analysis was conducted by two analysts, and discrepancies 
in coding were discussed and agreement reached between the analysts, 
or resolved through a third analyst review. Our analysis produced an 
inventory of Advisory Committee recommendations and EPA requests of 
the Advisory Committee. 

We also interviewed officials from EPA program offices most directly 
involved with children's health issues: the Office of Children's 
Health Protection, including current and former office directors; the 
Office of Research and Development; the Office of Pesticide Programs; 
and the Office of Policy, Economics and Innovation. We interviewed 
EPA's regional children's environmental health coordinators and lead 
regional coordinator within the Office of the Administrator. To gain 
further perspective on EPA's use of its children's health-focused 
resources, we interviewed leading children's health research and 
policy experts at nonprofit organizations and academic institutions, 
including those associated with EPA's Advisory Committee. 

To address our third objective, we reviewed the annual reports from 
the Federal Interagency Forum on Child and Family Statistics to 
determine the extent of EPA's involvement in their development. We 
also interviewed staff involved with the children's task force and 
reviewed documents from the Task Force on Environmental Health Risks 
and Safety Risks to Children, including the strategy documents that 
were developed. We also reviewed documents related to the G8 Miami 
Declaration on Children's Environmental Health, including the 2002 
Status Report on Implementation of the 1997 Declaration of the 
Environmental Leaders of the Eight on Children's Environmental Health. 

We conducted this performance audit from November 2008 through January 
2010 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 objectives. 
We believe that the evidence obtained provides a reasonable basis for 
our findings and conclusions based on our audit objectives. 

[End of section] 

Appendix II: EPA Policy on Evaluating Health Risks to Children: 

United States Environmental Protection Agency: 
Office of the Administrator: 
Washington, DC 20460: 

October 20, 1995: 

Memorandum: 

Subject: New Policy on Evaluating Health Risks to Children: 

To: Assistant Administrators: 
General Counsel: 
Inspector General: 
Associate Administrators: 
Regional Administrators: 

We are establishing a new Agency-wide policy (attached) that will, for 
the first time, ensure that we consistently and explicitly evaluate 
environmental health risks of infants and children in all of the risk 
assessments, risk characterizations, and environmental and public 
health standards that we set for the nation. 

This is not a new idea to the many programs throughout the Agency that 
currently consider children's health issues in assessing overall risk. 
This is, however, a major step forward in establishing a consistent 
nationwide children's environmental health policy. We know that 
children have a greater potential for exposure to environmental 
hazards and our assessments of health risks do not always fully take 
into account the potential effects on this vulnerable population. The 
National Academy of Sciences has called for policy changes to reflect 
children's health factors in evaluating environmental risks. 

Our new policy answers that call for change and, in doing so, will 
allow us to make better public health decisions that reflect not just 
data on adults, but on children whenever possible. By making children 
a health priority, we expect that this policy will encourage new, much-
needed research to provide the child-specific data we will need to 
thoroughly evaluate the health risks children and infants face from 
pollution in our air, land, and water. In the long run, healthier 
children mean healthier adults - a great benefit for the nation. 

The policy set forth in this memorandum takes effect November 1, 1995, 
and is sponsored by the Agency's Science Policy Council, which is 
charged with evaluating science policy issues of Agency-wide 
importance. We are confident that each of your offices will work with 
the Council to ensure a smooth transition to this new policy that is 
so important to our nation's future. 

Carol M. Browner: 
Administrator: 

Fred Hansen: 
Deputy Administrator: 

Attachment: 

[End of memorandum] 

Policy on Evaluating Health Risks to Children: 

Policy: 

It is the policy[Footnote 1] of the U.S. Environmental Protection 
Agency (EPA) to consider the risks to infants and children 
consistently and explicitly as a part of risk assessments generated 
during its decision making process, including the setting of standards 
to protect public health and the environment. To the degree permitted 
by available data in each case, the Agency will develop a separate 
assessment of risks to infants and children or state clearly why this 
is not done - for example, a demonstration that infants and children 
are not expected to be exposed to the stressor under examination. 

Background: 

When it comes to their health and development, children are not little 
adults. This maxim has long been understood in the medical community. 
Documentation of the similarities and differences between children and 
adults is an integral part of assessing the effects and efficacy of 
drugs, for example. The National Academy of Sciences has pointed out 
on more than one occasion.[Footnote 2,3] that the maxim should hold 
true with respect to exposure to environmental pollutants, as well. 

Children may be more or less sensitive than adults when confronted 
with an equivalent level of exposure to an environmental pollutant. In 
many cases, their responses are substantially different - 
qualitatively and quantitatively - from those exhibited by adults. 
These age-related variations in susceptibility are due to many 
factors, including differences in pharmacokinetics, pharmacodynamics, 
body composition, and maturity of biochemical and physiological 
functions (for example, metabolic rates and pathways). 

In addition, there are often age-related differences in types and 
levels of exposure. For example, it is known that infants and children 
differ from adults both qualitatively and quantitatively in their 
exposures to pesticides in foods. Children eat more food and drink 
more water per unit of body weight, and the variety of the food they 
consume is more limited than adults. Children also breathe more 
rapidly than adults and can inhale more of an air pollutant per pound 
of body weight than adults. Children's skin and other body tissues may 
absorb some harmful substances more easily. Children's bodies are not 
yet fully developed, so exposure to toxic substances may affect their 
growth and development. Infants' immune systems are not as strong as 
those of healthy adults, so they are less able to fight off emerging 
microbial threats such as Cryptosporidium in drinking water.
The Agency is particularly concerned about safeguarding the health of 
infants and children, who are among the nation's most fragile and 
vulnerable populations. Therefore, it is important that there be a 
clear articulation of policy in this regard. 

Implementation: 

The policy already is currently being followed in many Programs and 
regions. The entire Agency will expand implementation activities 
during the Fall of 1995 as part of the overall implementation of the 
Administrators policy on risk characterization. Other related 
activities and sources of information include the presentation of 
relevant data in the revised draft Exposure Factors Handbook and 
current EPA solicitations of grant proposals for independent studies 
on risk to children from exposure to a wide range of substances. EPA's 
1991 Guidelines for Developmental Toxicity Risk Assessment are also 
relevant. 

This policy is not retroactive; it will apply only to those 
assessments started or revised on or after November 1, 1995. Any 
questions relating to the policy and its implementation should be 
referred to Dr. Dorothy Patton, Executive Director of the Agency's 
Science Policy Council. She can be reached at 202-260-6600. 

Footnotes: 

[1] This document is a statement of Agency policy and does not 
constitute a rules It is not intended, nor can it be relied upon, to 
create any rights enforceable by any party in litigation with the 
United States. 

[2] National Research Council. 1993. Pesticides in the Diets of 
Infants and Children. National Academy of Sciences Press, Washington,
DC. 

[3] National Research Council. 1994. Science and Judgment in Kisk 
Assessment. National Academy of Sciences Press, Washington, DC. 

[End of section] 

Appendix III: Executive Order 13045 and Amendments: 

19885: 
Federal Register: 
Vol. 62, No. 78: 
Wednesday, April 23, 1997: 

Presidential Documents: 

Title 3: Executive Order 13045 of April 21, 1997: 

The President: 

Protection of Children From Environmental Health Risks and Safety Risks
By the authority vested in me as President by the Constitution and the
laws of the United States of America, it is hereby ordered as follows: 

Section 1. Policy. 

lA 01. A growing body of scientific knowledge demonstrates that 
children may suffer disproportionately from environmental health risks 
and safety risks. These risks arise because: children's neurological, 
immunological, digestive, and other bodily systems are still 
developing; children eat more food. drink more fluids, and breathe 
more air in proportion to their body weight than adults: children's 
size and weight may diminish their protection from standard safety 
features; and children's behavior patterns may make them more 
susceptible to accidents because they are less able to protect 
themselves. Therefore, to the extent permitted by law and appropriate, 
and consistent with the agency's mission, each Federal agency: 

(a) shall make it a high priority to identify and assess environmental 
health risks and safety risks that may disproportionately affect 
children; and; 

(b) shall ensure that its policies, programs, activities, and 
standards address disproportionate risks to children that result from 
environmental health risks or safety risks. 

1-102. Each independent regulatory agency is encouraged to participate 
in the implementation of this order and comply with its provisions. 

Sec. 2. Definitions. The following definitions shall apply to this 
order. 

2-201. "Federal agency" means any authority of the United States that 
is an agency under 44 U.S.C. 3502(1) other than those considered to be 
independent regulatory agencies under 44 U.S.C. 3502(5). For purposes 
of this order, "military departments:' as defined in 5 U.S.C. 102, are 
covered under the auspices of the Department of Defense. 

2-202. "Covered regulatory action" means any substantive action in a 
rule-making, initiated after the date of this order or for which a 
Notice of Proposed Rulemaking is published 1 year after the date of 
this order, that is likely to result in a rule that may: 

(a) be "economically significant" under Executive Order 12866 (a rule-
making that has an annual effect on the economy of $100 million or 
more or would adversely affect in a material way the economy, a sector 
of the economy, productivity, competition, jobs, the environment, 
public health or safety, or State. local, or tribal governments or 
communities); and; 

(b) concern an environmental health risk or safety risk that an agency 
has reason to believe may disproportionately affect children. 

2-203. "Environmental health risks and safety risks" mean risks to 
health or to safety that are attributable to products or substances 
that the child is likely to come in contact with or ingest (such as 
the air we breath, the food we eat, the water we drink or use for 
recreation, the soil we live on, and the products we use or arc 
exposed to). 

Sec. 3. Task Force on Environmental Health Risks and Safety Risks to 
Children. 

3-301. There is hereby established the Task Force on Environmental 
Health Risks and Safety Risks to Children ("Task Force"). 

3-302. The Task Force will report to the President in consultation 
with the Domestic Policy Council, the National Science and Technology 
Council, the Council on Environmental Quality, and the Office of 
Management and Budget (OMB). 

3-303. Membership. The Task Force shall be composed of the: 

(a) Secretary of Health and Human Services, who shall serve as a Co-
Chair of the Council; 

(b) Administrator of the Environmental Protection Agency, who shall 
serve as a Co-Chair of the Council; 

(c) Secretary of Education; 

(d) Secretary of Labor; 

(e) Attorney General; 

(I) Secretary of Energy; 

(g) Secretary of Housing and Urban Development; 

(h) Secretary of Agriculture; 

(i) Secretary of Transportation; 

(j) Director of the Office of Management and Budget: 

(k) Chair of the Council on Environmental Quality; (1) Chair of the 
Consumer Product Safety Commission; 

(m) Assistant to the President for Economic Policy; 

(n) Assistant to the President for Domestic Policy; 

(o) Assistant to the President and Director of the Office of Science 
and Technology Policy; 

(p) Chair of the Council of Economic Advisers; and; 

(q) Such other officials of executive departments and agencies as the 
President may, from time to time, designate. 

Members of the Task Force may delegate their responsibilities under 
this order to subordinates. 

3-304. Functions. The Task Force shall recommend to the President 
Federal strategies for children's environmental health and safety, 
within the limits of the Administration's budget. to include the 
following elements: 

(a) statements of principles, general policy, and targeted annual 
priorities to guide the Federal approach to achieving the goals of 
this order; 

(b) a coordinated research agenda for the Federal Government, 
including steps to implement the review of research databases 
described in section 4 of this order; 

(c) recommendations for appropriate partnerships among Federal, State, 
local, and tribal governments and the private, academic, and nonprofit 
sectors; 

(d) proposals to enhance public outreach and communication to assist 
families in evaluating risks to children and in making informed 
consumer choices; 

(e) an identification of high-priority initiatives that the Federal 
Government has undertaken or will undertake in advancing protection of 
children's environmental health and safety: and; 

(f) a statement regarding the desirability of new legislation to 
fulfill or promote the purposes of this order. 

3-305. The Task Force shall prepare a biennial report on research, data,
or other information that would enhance our ability to understand, 
analyze, and respond to environmental health risks and safety risks to 
children. For purposes of this report, cabinet agencies and other 
agencies identified by the Task Force shall identify and specifically 
describe for the Task Force key data needs related to environmental 
health risks and safety risks to children that have arisen in the 
course of the agency's programs and activities, The Task Force shall 
incorporate agency submissions into its report and ensure that this 
report is publicly available and widely disseminated. The Office of 
Science and Technology Policy and the National Science and Technology 
Council shall ensure that this report is fully considered in 
establishing research priorities. 

3-306. The Task Force shall exist for a period of 4 years from the 
first meeting. At least 6 months prior to the expiration of that 
period, the member agencies shall assess the need for continuation of 
the Task Force or its functions, and make appropriate recommendations 
to the President. 

Sec. 4. Research Coordination and Integration. 

4-401. Within 6 months of the date of this order, the Task Force shall 
develop or direct to be developed a review of existing and planned 
data resources and a proposed plan for ensuring that researchers and 
Federal research agencies have access to information on all research 
conducted or funded by the Federal Government that is related to 
adverse health risks in children resulting from exposure to 
environmental health risks or safety risks. The National Science and 
Technology Council shall review the plan. 

4-402. The plan shall promote the sharing of information on academic 
and private research. It shall include recommendations to encourage 
that such data, to the extent permitted by law, is available to the 
public, the scientific and academic communities, and all Federal 
agencies. 

Sec. 5. Agency Environmental health Risk or Safety Risk Regulations. 

5-501. For each covered regulatory action submitted to OMB's Office of 
Information and Regulatory Affairs (OIRA) for review pursuant to 
Executive Order 12866, the issuing agency shall provide to OIRA the 
following information developed as part of the agency's decisionmaking 
process, unless prohibited by law: 

(a) an evaluation of the environmental health or safety effects of the 
planned regulation on children; and; 

(b) an explanation of why the planned regulation is preferable to 
other potentially effective and reasonably feasible alternatives 
considered by the agency. 

5-502. In emergency situations, or when an agency is obligated by law 
to act more quickly than normal review procedures allow, the agency 
shall comply with the provisions of this section to the extent 
practicable. For those covered regulatory actions that are governed by 
a court-imposed or statutory deadline, the agency shall. to the extent 
practicable, schedule any rulemaking proceedings so as to permit 
sufficient time for completing the analysis required by this section. 

5-503. The analysis required by this section may be included as part 
of any other required analysis, and shall be made part of the 
administrative record for the covered regulatory action or otherwise 
made available to the public, to the extent permitted by law. 

Sec. 6. Interagency Forum on Child and Family Statistics. 

6-601. The Director of the OMB ("Director") shall convene an 
Interagency Forum on Child and Family Statistics ("Forum"), which will 
include representatives from the appropriate Federal statistics and 
research agencies. The Forum shall produce an annual compendium 
("Report") of the most important indicators of the well-being of t he 
Nation's children. 

6-602. The Forum shall determine the indicators to be included in each
Report and identify the sources of data to be used for each indicator. 
The Forum shall provide an ongoing review of Federal collection and 
dissemination of data on children and families, and shall make 
recommendations to improve the coverage and coordination of data 
collection and to reduce duplication and overlap. 

6-603. The Report shall be published by the Forum in collaboration 
with the National Institute of Child Health and Human Development. The 
Forum shall present the first annual Report to the President, through 
the Director. by July 31, 1997. The Report shall he submitted annually 
thereafter, using the most recently available data. 

Sec. 7. General Provisions. 

7-701. This order is intended only for internal management of the 
executive branch. This order is not intended, and should not be 
construed to create, any right, benefit, or trust responsibility, 
substantive or procedural, enforceable at law or equity by a party 
against the United States, its agencies, its officers, or its 
employees. This order shall not be construed to create any right to 
judicial review involving the compliance or noncompliance with this 
order by the United States, its agencies, its officers, or any other 
person. 

7-702. Executive Order 12606 of September 2, 1987 is revoked. 

Signed by: 

William J. Clinton: 
The White House: 
April 21, 1997: 

[FR Doc. 97-10695; Filed 4-22-97; 8:49 am]	
Billing code 3195-01-P: 

[End of document] 

Federal Register/Vol. 66, No. 197/Thursday, October 11, 2001/ 
Presidential Documents: 52013: 

Presidential Documents: 

Executive Order 13229 of October 9, 2001: 

Amendment to Executive Order 13045, Extending the Task Force on 
Environmental Health Risks and Safety Risks to Children: 

By the authority vested in me as President by the Constitution and the 
laws of the United States of America, and in order to extend the Task 
Force on Environmental Health Risks and Safety Risks to Children, it 
is hereby ordered that Executive Order 13045 of April 21, 1997, is 
amended by deleting in section 3-306 of that order "for a period of 4 
years from the first meeting" and inserting in lieu thereof "for 6 
years from the date of this order". 

Signed by: 

George W. Bush: 
The White House: 
October 9, 2001: 

[FR Doc. 01-25788; Filed 10-10-01; 8:59 am} 
Billing code 3159-01-P: 

[End of document] 

19931: 

Federal Register: 
Vol. 68, No. 78: 
Wednesday, April 23, 2003: 

Presidential Documents: 

Title 3: Executive Order 13296 of April 10,2003: 

The President: 

Amendments to Executive Order 13045, Protection of Children From 
Environmental Health Risks and Safety Risks: 

By the authority vested in me as President by the Constitution and the 
laws of the United States of America, and in order to extend the Task 
Force on Environmental Health Risks and Safety Risks to Children, and 
for other purposes, it is hereby ordered that Executive Order 13045 of 
April 21,1997, as amended, is further amended as follows: 

Section 1. Subsection 3-303(o) is amended by striking "Assistant to 
the President and". 

Sec. 2. Section 3-305 is amended by, 

(a) striking "cabinet agencies and other agencies identified" and 
inserting in lieu thereof "executive departments, the Environmental 
Protection Agency, and other agencies identified"; and; 

(b) inserting the following new language after the second sentence: 
"Each report shall also detail the accomplishments of the Task Force 
from the date of the preceding report." 

Sec. 3. Section 3-306 is amended by: 

(a) striking "6 years" and inserting in lieu thereof "8 years"; and; 

(h) striking the second sentence. 

Sec. 4. Section 6-601, the second sentence, is amended by deleting "an 
annual" and inserting "a biennial" in lieu thereof. 

Sec. 5. Section 6-603, the third sentence, is amended by deleting 
"submitted annually" and inserting "published biennially" in lieu 
thereof. 

Sec. 6. Section 7 is amended by adding new section 7-703 as follows: 
"7-703. Nothing in this order shall be construed to impair or 
otherwise affect the functions of the Director of the Office of 
Management and Budget relating to budget, administrative, or 
legislative proposals." 

Signed by: 

George W. Bush: 
The White House: 
April 18, 2003: 

[FR Doc. 03-10194; Filed 4-22-03, 8:45 am] 
Billing code 3195-01—P: 

[End of document] 

[End of section] 

Appendix IV: EPA Regulations Subject to Executive Order 13045: 

Executive Order 13045--Protection of Children from Environmental 
Health Risks and Safety Risks (Executive Order)--requires that federal 
agencies provide, to the Office of Management and Budget (OMB) and in 
the public record, (1) an evaluation of the environmental health or 
safety effects of the planned regulation on children, and (2) an 
explanation of why the planned regulation is preferable to other 
potentially effective and reasonably feasible alternatives considered 
by the agency.[Footnote 66] Table 6 summarizes the Federal Register 
notice preamble section pertaining to the Executive Order for each of 
the EPA regulations subject to the Executive Order. The table's 
columns show (1) the office that initiated the rulemaking; (2) whether 
a given regulation was final or proposed, and its Federal Register 
citation; (3) the children's environmental health concern(s) EPA 
identified; and (4 and 5) summaries of how EPA described, in the 
preamble, its analyses pursuant to the two regulatory requirements of 
the Executive Order. The table indicates with an arrow when EPA 
explicitly directed readers to additional information in the body of 
the rulemaking or the public docket. The table also indicates with a 
star when EPA either quantified the effects on children of the 
regulation or other regulatory options, or explained why it did not do 
so. 

We identified 17 rulemakings since 1998 that EPA determined were 
subject to the Executive Order's requirements. For each of those 
regulations, we analyzed whether and how EPA discussed how it met the 
order's requirements in the notice's preamble. We found that EPA has 
not consistently documented therein how its rulemakings considered 
children's environmental health risks. Specifically, we found that, 
for only 4 of the rulemakings did EPA either quantify the effects of 
the rulemaking on children or explain why it did not, or could not, do 
so. For 8 of the rulemakings, EPA explicitly directed the reader--with 
varying degrees of specificity--to additional information about the 
regulation's effect on children. 

Table 6: EPA Regulations Subject to Executive Order 13045: 

1. National Primary Drinking Water Regulations: Long Term 2 Enhanced 
Surface Water Treatment Rule: 

EPA office: Water; 
Type of regulation (date): Final; 71 Fed. Reg. 654 (Jan. 5, 2006); 
Effect on children of planned regulation: Cryptosporidiosis from 
exposure to Cryptosporidium in drinking water; Common symptoms include 
diarrhea and vomiting. EPA described studies on children's unique 
susceptibilities and exposures to Cryptosporidium and analyzed data on 
the number of Cryptosporidium cases in 1999, by age; (arrow); 
Why regulation is preferable to other options: EPA stated that the 
planned regulation will reduce the risk of illness for the entire 
population, including children. Because children may be 
disproportionately affected, the regulation may result in greater risk 
reduction for children. Existing data are not adequate to assess 
children's risks; (arrow, star); 
National Primary Drinking Water Regulations: EPA briefly described 
other regulatory options it considered and stated that the planned 
regulation was selected because it was deemed feasible and provided 
significant public health benefits in terms of avoided illnesses and 
deaths. EPA's analysis indicated that the planned regulation ranks 
highly among those evaluated with respect to maximizing net benefits. 
(arrow). 

EPA office: Water; 
Type of regulation (date): 68 Fed. Reg. 47,640 (Aug. 11, 2003); 
Children's environmental health concern: Same; (arrow); 
Effect on children of planned regulation: Same; (arrow, star); 
Why regulation is preferable to other options: Same; (arrow). 

2. National Pollutant Discharge Elimination System Permit Regulation 
and Effluent Limitation Guidelines and Standards for Concentrated 
Animal Feeding Operations (CAFO): 

EPA office: Water; 
Type of regulation (date): Final; 68 Fed. Reg. 7,176 (Feb. 12, 2003); 
Children's environmental health concern: Infants under 6 months may be 
at risk of methemoglobinemia from exposure to nitrates in private 
drinking-water wells; (arrow); 
Effect on children of planned regulation: EPA estimated that 112,000 
households would have their nitrate levels brought to levels that are 
safe for infants. EPA did not have information on the number of 
infants living in those households; (arrow, star); 
Why regulation is preferable to other options: EPA estimated that more 
stringent options would provide only small changes in pollutant 
loadings to groundwater, such that more stringent options would not 
provide meaningful protection of children's health risks from 
methemoglobinemia (arrow). 

EPA office: Water; 
Type of regulation (date): Proposed; 66 Fed. Reg. 2,960 (Jan. 12, 
2001); 
Children's environmental health concern: Same; In addition, EPA stated 
that information was not available on the actual number of cases of 
methemoglobinemia. Furthermore, EPA noted that the following 
pollutants may also have a disproportionate risk to children: 
pathogens; trace metals such as zinc, arsenic, copper, and selenium; 
pesticides; hormones; and endocrine disruptors. However, EPA did not 
have adequate information to assess the risks to children; (arrow); 
Effect on children of planned regulation: EPA estimated the number of 
households that would have their nitrate levels brought to levels that 
are safe for infants at 166,000 households under the two-tier 
structure; and 161,000 households under the three-tier structure; 
(arrow, star); 
Why regulation is preferable to other options: Same (arrow). 

3. National Ambient Air Quality Standards for Lead: 

EPA office: Air and Radiation; 
Type of regulation (date): Final; 73 Fed. Reg. 66,964 (Nov. 12, 2008); 
Neurological effects from childhood exposure to lead; (arrow); 
Children's environmental health concern: EPA stated that the standards 
were designed to protect public health with an adequate margin of 
safety, as required by the Clean Air Act, and that the protection 
offered by the standards may be especially important for children; 
Why regulation is preferable to other options: Not explicitly 
addressed. 

EPA office: Air and Radiation; 
Type of regulation (date): Proposed; 73 Fed. Reg. 29,184 (May 20, 
2008); 
Children's environmental health concern: Same; (arrow); 
Effect on children of planned regulation: Same; 
Why regulation is preferable to other options: Same. 

4. Control of Emissions of Air Pollution From Locomotive Engines and 
Marine Compression-Ignition Engines Less Than 30 Liters per 
Cylinder[A]: 

EPA office: Air and Radiation; 
Type of regulation (date): Final; 73 Fed. Reg. 25,098 (May 6, 2008); 
Children's environmental health concern: Not specified; EPA stated 
that children appeared to be overrepresented for some individual 
facilities, based on initial screening conducted by the agency and 
described in this section; (arrow); 
Effect on children of planned regulation: EPA stated that the 
rulemaking would achieve significant reductions of various emissions 
from locomotive and marine diesel engines, and that the regulation 
would benefit children; (arrow); 
Why regulation is preferable to other options: EPA stated that it had 
evaluated several regulatory strategies and selected the most 
stringent and effective control reasonably feasible, in light of the 
technology and cost requirements of the Clean Air Act. 

5. National Ambient Air Quality Standards for Ozone: 

EPA office: Air and Radiation; 
Type of regulation (date): Final; 73 Fed. Reg. 16,436 (Mar. 27, 2008); 
Children's environmental health concern: Not specified; (arrow); 
Effect on children of planned regulation: Not explicitly addressed; 
Why regulation is preferable to other options: Not explicitly 
addressed. 

EPA office: Air and Radiation; 
Type of regulation (date): Proposed; 72 Fed. Reg. 37,818 (Jul. 11, 
2007); 
Children's environmental health concern: Same; (arrow); 
Effect on children of planned regulation: EPA stated that the 
standards were designed to protect public health with an adequate 
margin of safety, as required by the Clean Air Act, and that the 
protection offered by the standards may be especially important for 
children; 
Why regulation is preferable to other options: Same. 

6. Control of Hazardous Air Pollutants From Mobile Sources: 

EPA office: Air and Radiation; 
Type of regulation (date): Final; 72 Fed. Reg. 8,428 (Feb. 26, 2007); 
Children's environmental health concern: Cancer and respiratory 
problems from exposure to hazardous air pollutants from mobile 
sources, including particulate matter; (arrow); 
Effect on children of planned regulation: Not explicitly addressed; 
Why regulation is preferable to other options: Not explicitly 
addressed. 

EPA office: Air and Radiation; 
Type of regulation (date): Proposed; 71 Fed. Reg. 15,804 (Mar. 29, 
2006); 
Children's environmental health concern: Same; (arrow); 
Effect on children of planned regulation: EPA stated that the 
regulation may have a disproportionately beneficial effect on children; 
Why regulation is preferable to other options: Same. 

7. Clean Air Fine Particle Implementation Rule[B]: 

EPA office: Air and Radiation; 
Type of regulation (date): Final; 72 Fed. Reg. 20,586 (Apr. 25, 2007); 
Children's environmental health concern: Not specified; (arrow}; 
Effect on children of planned regulation: EPA stated that the 
standards implemented the previously promulgated National Ambient Air 
Quality Standards (NAAQS) for fine particulate matter, which were 
designed to protect public health with an adequate margin of safety, 
as required by the Clean Air Act, and that the protections offered by 
the standards may be especially important for children; 
Why regulation is preferable to other options: Not explicitly 
addressed. 

8. National Ambient Air Quality Standards for Particulate Matter: 

EPA office: Air and Radiation; 
Type of regulation (date): Final; 71 Fed. Reg. 61,144 (Oct. 17, 2006); 
Children's environmental health concern: Not specified; (arrow); 
Effect on children of planned regulation: EPA stated that the 
standards were designed to protect public health with an adequate 
margin of safety, as required by the Clean Air Act, and that the 
protection offered by the standards may be especially important for 
children; 
Why regulation is preferable to other options: Not explicitly 
addressed. 

9. Standards of Performance for New and Existing Stationary Sources: 
Electric Utility Steam Generating Units: 

EPA office: Air and Radiation; 
Type of regulation (date): Final; 70 Fed. Reg. 28,606 (May 18, 2005); 
Children's environmental health concern: Neurodevelopmental effects to 
developing fetuses from exposure to methylmercury; (arrow); 
Effect on children of planned regulation: EPA stated that the 
regulation would help reduce exposure of women of childbearing age to 
methylmercury, and estimated the number of children who will be 
exposed to methylmercury in 2020. EPA estimated how IQ decrements 
would be reduced as a result of the regulation. 
EPA also discussed limitations of the regulation to affect human 
health; (arrow; star); 
Why regulation is preferable to other options: EPA stated the selected 
option delivered about the same amount of benefits as other regulatory 
alternatives it considered, but at a lower cost. 

EPA office: Air and Radiation; 
Type of regulation (date): Proposed; 69 Fed. Reg. 4,652 (Jan. 30, 
2004); 
Children's environmental health concern: Not specified; 
Effect on children of planned regulation: EPA stated that the 
strategies proposed in this rulemaking would improve air quality and 
children's health; 
Why regulation is preferable to other options: Not explicitly 
addressed (arrow). 

10. Revision of December 2000 Clean Air Act Section 112(n) Finding 
Regarding Electric Utility Steam Generating Units; and Standards of 
Performance for New and Existing Electric Utility Steam Generating 
Units: Reconsideration[C]: 

EPA office: Air and Radiation; 
Type of regulation (date): Final; 71 Fed. Reg. 33,388 (Jun. 9, 2006); 
Children's environmental health concern: Not specified; 
Effect on children of planned regulation: EPA explained that it had 
evaluated the environmental health or safety effects to children of 
its Clean Air Mercury Rule; (arrow); 
Why regulation is preferable to other options: Not explicitly 
addressed. 

11. Control of Air Pollution from New Motor Vehicles: Heavy-Duty 
Engine and Vehicle Standards and Highway Diesel Fuel Sulfur Control 
Requirements: 

EPA office: Air and Radiation; 
Type of regulation (date): Final; 66 Fed. Reg. 5,002 (Jan. 18, 2001); 
Children's environmental health concern: Not specified; EPA noted that 
some of pollutants addressed in the regulation may disproportionately 
affect children's health, such as ozone, particulate matter and 
certain toxic air pollutants; (arrow); 
Effect on children of planned regulation: EPA stated that the 
rulemaking would reduce air toxics and the related impacts on 
children's health. Explained that EPA had addressed the effect on 
children of exposure to ozone and particulate matter in its 
rulemakings to establish the NAAQS for those pollutants, and that it 
was not revisiting those here; (arrow); 
Why regulation is preferable to other options: EPA stated that, 
consistent with the Clean Air Act, the planned regulation was designed 
to achieve the greatest degree of reduction of emissions achievable 
through available technology, taking cost and other factors into 
consideration. (arrow). 

EPA office: Air and Radiation; 
Type of regulation (date): Proposed; 65 Fed. Reg. 35,430 (June 2, 
2000); 
Children's environmental health concern: Same; (arrow); 
Effect on children of planned regulation: Same; (arrow); 
Why regulation is preferable to other options: Same. (arrow). 

12. Control of Emissions of Air Pollution from 2004 and Later Model 
Year Heavy-Duty Highway Engines and Vehicles; Revision of Light-Duty 
On-Board Diagnostics Requirements: 

EPA office: Air and Radiation; 
Type of regulation (date): Final; 65 Fed. Reg. 59,896 (Oct. 6, 2000); 
Children's environmental health concern: Not specified; EPA noted that 
some pollutants addressed in the regulation may disproportionately 
affect children's health, such as ozone, particulate matter and 
certain toxic air pollutants; (arrow); 
Effect on children of planned regulation: EPA stated that the 
rulemaking would reduce air toxics and the related impacts on 
children's health; Explained that EPA had addressed the effect on 
children of exposure to ozone and particulate matter in its 
rulemakings to establish the NAAQS for those pollutants, and that it 
was not revisiting those here; (arrow); 
Why regulation is preferable to other options: EPA stated that, 
consistent with the Clean Air Act, the planned regulation was designed 
to achieve the greatest degree of reduction of emissions achievable 
through available technology, taking cost and other factors into 
consideration. (arrow). 

EPA office: Air and Radiation; 
Type of regulation (date): Proposed; 64 Fed. Reg. 58,472 (Oct. 29, 
1999); 
Children's environmental health concern: Same; (arrow); 
Effect on children of planned regulation: Same; (arrow); 
Why regulation is preferable to other options: Same. (arrow). 

13. Control of Air Pollution From New Motor Vehicles: Tier 2 Motor 
Vehicle Emissions Standards and Gasoline Sulfur Control Requirements: 

EPA office: Air and Radiation; 
Type of regulation (date): Final; 65 Fed. Reg. 6,698 (Feb. 10, 2000); 
Children's environmental health concern: Not specified; EPA noted that 
some of pollutants addressed in the regulation may disproportionately 
affect children's health, such as ozone, particulate matter and 
certain toxic air pollutants; (arrow); 
Effect on children of planned regulation: EPA stated that the 
rulemaking would reduce air toxics and the related impacts on 
children's health; (arrow); 
Why regulation is preferable to other options: EPA stated that the 
planned regulation was the most stringent and effective control 
reasonably feasible at the time, in light of the technology and cost 
requirements of the Clean Air Act. (arrow). 

EPA office: Air and Radiation; 
Type of regulation (date): Proposed; 64 Fed. Reg. 26,004 (May 13, 
1999); 
Children's environmental health concern: Same; (arrow); 
Effect on children of planned regulation: Same; (arrow); 
Why regulation is preferable to other options: Same. (arrow). 

14. Lead; Renovation, Repair, and Painting Program. 

EPA office: Prevention, Pesticides, and Toxic Substances; 
Type of regulation (date): Final; 73 Fed. Reg. 21,692 (Apr. 22, 2008); 
Children's environmental health concern: Not specified; (arrow); 
Effect on children of planned regulation: EPA stated that the primary 
purpose of the regulation was to minimize exposure in children under 
age 6 to lead-based paint hazards created during renovation, repair, 
and painting activities in housing or other buildings. Estimated that 
the regulation would affect 1.4 million children under age 6, 
providing considerable benefits to those children; (star); 
Why regulation is preferable to other options: Not explicitly 
addressed. 

EPA office: Prevention, Pesticides, and Toxic Substances; 
Type of regulation (date): Proposed; 71 Fed. Reg. 1,588 (Jan. 10, 
2006); 
Children's environmental health concern: Same; (arrow); 
Effect on children of planned regulation: EPA stated that one purpose 
of the proposed regulation was to prevent the creation of new lead-
based paint hazards from housing where children under age 6 reside. 
Estimated that the regulation would affect 1.1 million children under 
age 6, providing considerable benefits to those children; (star); 
Why regulation is preferable to other options: Same. 

15. Lead and Lead Compounds; Lowering of Reporting Thresholds; 
Community Right-to-Know Toxic Chemical Release Reporting: 

EPA office: Prevention, Pesticides, and Toxic Substances; 
Type of regulation (date): Final; 66 Fed. Reg. 4,500 (Jan. 17, 2001); 
Children's environmental health concern: Not specified; EPA stated 
that it identified and assessed the environmental health risks and 
safety risks that may disproportionately affect children; 
Effect on children of planned regulation: EPA described how the 
informational benefits of the planned regulation could positively 
impact children and other populations; 
Why regulation is preferable to other options: Not explicitly 
addressed. 

EPA office: Prevention, Pesticides, and Toxic Substances; 
Type of regulation (date): Proposed; 64 Fed. Reg. 42,222 (Aug. 3, 
1999); 
Children's environmental health concern: Same; 
Effect on children of planned regulation: Same; 
Why regulation is preferable to other options: Same. 

16, Lead; Identification of Dangerous Levels of Lead: 

EPA office: Prevention, Pesticides, and Toxic Substances; 
Type of regulation (date): Final; 66 Fed. Reg. 1,206 (Jan. 5, 2001); 
Children's environmental health concern: Not specified; (arrow); 
Effect on children of planned regulation: EPA stated that the selected 
standards were designed first and foremost to protect children from 
lead in residential paint, dust, and soil; 
Why regulation is preferable to other options: EPA stated that it 
could have selected numerically more stringent standards, but 
concluded that they would provide less protection to children because 
limited resources would be diluted and possibly diverted away from 
children at greatest risk. 

EPA office: Prevention, Pesticides, and Toxic Substances; 
Type of regulation (date): Proposed; 63 Fed. Reg. 30,302 (Jun. 3, 
1998); 
Children's environmental health concern: Same; (arrow); 
Effect on children of planned regulation: EPA stated that young 
children were the primary beneficiaries of the proposed regulation 
because exposure to lead, paint, and dust is mostly limited to 
children under the age of 6; 
Why regulation is preferable to other options: Not explicitly 
addressed. 

17. Persistent Bioaccumulative Toxic (PBT) Chemicals; Lowering of 
Reporting Thresholds for Certain PBT Chemicals; Addition of Certain 
PBT Chemicals; Community Right-to-Know Toxic Chemical Reporting: 

EPA office: Prevention, Pesticides, and Toxic Substances; 
Type of regulation (date): Final; 64 Fed. Reg. 58,666 (Oct. 29, 1999); 
Children's environmental health concern: Not explicitly addressed; 
Effect on children of planned regulation: EPA described how the 
informational benefits of the rule could positively impact children 
and other populations; 
Why regulation is preferable to other options: Not explicitly 
addressed. 

EPA office: Prevention, Pesticides, and Toxic Substances; 
Type of regulation (date): Proposed; 64 Fed. Reg. 688 (Jan. 5, 1999); 
Children's environmental health concern: Same; 
Effect on children of planned regulation: Same; 
Why regulation is preferable to other options: Same. 

Source: GAO analysis of Federal Register notices' preamble sections. 

Notes: 

The table indicates with an arrow (Ü) when EPA explicitly directed 
readers to additional information in the body of the rulemaking or the 
public docket. The table also indicates with a star (H) when EPA 
either quantified the effects on children of the regulation or other 
regulatory options, or explained why it did not do so. 

[A] EPA determined that the proposed regulation, published April 3, 
2007, was not subject to Executive Order 13045 because the agency did 
not have reason to believe that the environmental health risks or 
safety risks addressed by the regulation presented a disproportionate 
risk to children. 

[B] EPA determined that the proposed regulation, published November 1, 
2005, was not subject to Executive Order 13045. EPA did not explicitly 
state in its Federal Register notice why the regulation was not 
subject to the order. 

[C] This regulation sets forth EPA's decision after reconsidering 
certain aspects of the March 29, 2005, final rule entitled "Revision 
of December 2000 Regulatory Finding on the Emissions of Hazardous Air 
Pollutants From Electric Utility Steam Generating Units and the 
Removal of Coal-and Oil-Fired Electric Utility Steam Generating Units 
from the Section 112(c) List" (Section 112(n) Revision Rule). The 
regulation also includes EPA's final decision regarding 
reconsideration of certain issues in the May 18, 2005, final rule 
entitled "Standards of Performance for New and Existing Stationary 
Sources: Electric Utility Steam Generating Units" (Clean Air Mercury 
Rule; CAMR), which was subject to Executive Order 13045. 

[End of table] 

[End of section] 

Appendix VI: Comments from the Environmental Protection Agency: 

United States Environmental Protection Agency: 
Office of Congressional and Intergovernmental Relations: 
Washington, D.C. 20460: 
[hyperlink: http://www.epa.gov] 

December 22, 2009: 

John B. Stephenson: 
Director: 
Natural Resource & Environment: 
United States Government Accountability Office: 
441 G Street, NW, Room 2075: 	
Washington, D.C. 20548: 

Dear Mr. Stephenson: 

Thank you for the opportunity to review and comment on the draft 
report of the Government Accountability Office (GAO), entitled 
Environmental Health: High-level Strategy and Leadership Needed to 
Continue Progress Toward Protecting Children from Environmental 
Threats. Consistent with our comments on the Statement of Facts, the 
Environmental Protection Agency (EPA) agrees that the GAO report 
reflects well the early history and progress of the Agency's 
children's health protection efforts. The report accurately portrays 
the Agency's challenges in addressing children's environmental health, 
and sets forth sound recommendations on steps that could be taken to 
better incorporate protection of children's health as an integral part 
of EPA's everyday business. 

Offices throughout the Agency continue to implement mandates, develop 
regulations, support programs and reach out to communities to protect 
children from environmental threats and help prevent illness and 
injury. While the Agency has taken important steps to ensure 
protection of children's health since the inception of the Office of 
Children's Health Protection in 1997, the Administrator is committed 
to strengthening these efforts and dedicating resources to bolster our 
efforts in children's health protection to bring about more tangible 
results in this area. She recently cited protecting children's health 
as central to the Agency's mission in an internal memo dated September 
11, 2009. Specifically, she noted that "...several goals central to 
the environmental mission of this Administration need to be brought 
into the regulatory process as early as possible in order to give them 
the attention they are due; these are environmental justice, 
children's health, and climate change.... With respect to children's 
health, early attention to this issue is critical to grasping the full 
implications of a regulatory or policy decision for children and to 
addressing those implications in the decision-making process." 
Implementing the recommendations provided in the GAO report will bring 
us a long way to achieving this goal. 

GAO recommended that the Agency update and reissue a child-focused 
strategy, such as the 1996 national agenda, to articulate current 
national environmental health priorities and emerging issues. While 
the National Agenda has served as a valuable guide for leadership on 
children's environmental health, it is timely to conduct an evaluation 
of the National Agenda and determine if revision, reaffirmation, or 
reissuance is needed. The Agency's 2009 five point agenda for 
children's environmental health is a beginning for this work and is 
consistent with the National Agenda. 

GAO recommended that the Agency strengthen the data system that 
identifies and tracks development of rulemakings and other actions to 
ensure they comply with the 1995 policy on evaluating health risks to 
children. Already, in the past six months, EPA has reviewed its Rule 
and Policy Information Development System (RAPIDS) and is enhancing it 
to collect more targeted information regarding effects on children's 
health. Specifically, programs are now asked to provide information on 
whether a rule is likely to address an adverse impact on childhood 
life-stages and the nature of that impact. Using this information, the 
Office of Children's Health Protection and Environmental Education is 
identifying rules on which to focus its attention. Additionally, EPA 
is in the process of establishing "the Rulemaking Gateway," a new, 
publicly accessible interface to our data system that provides more 
user friendly information on child health impacts resulting from our 
priority rulemakings. 

GAO recommends that the Agency reevaluate the 1995 policy to ensure 
its consistency with new scientific research demonstrating the risks 
childhood exposures can have on risks for disease in later lifestages. 
The Agency will reevaluate the 1995 policy as part of a broader effort 
to implement science policies that are adequately protective of 
children's environmental health. Such review is critically important 
since, as a regulatory agency, risk assessment policies are core to 
how we apply science to protect human health. 

GAO recommends that the Agency's 2009-2013 strategic plan expressly 
articulate children specific goals, objectives and targets. The 
strategic plan is currently under development. We will ensure that it 
reflects the Administrator's priorities, including children's 
environmental health. 

GAO recommends that the Agency reevaluate the mission of the Office of 
Children's Health Protection and its director to make the office an 
agencywide champion for implementation of a reissued national 
children's environmental health agenda, policy, and related goals in 
the next EPA strategic plan. The Agency is currently implementing this 
recommendation through the reorganization of the Office of Children's 
Health Protection and Environmental Education. 

GAO recommends that the Agency establish key children's environmental 
health staff within each program office and regional office, with 
linkages to the Office of Children's Health, to improve cross-agency 
implementation of revised priorities and goals, and ensure 
coordination and communication among EPA's program offices. The report 
points out the efforts undertaken in the past to do this, including 
the establishment of regional children's health coordinators. We will 
build upon these efforts to broaden Agency-wide implementation of 
programs and policies to protect children's health. 

GAO recommends that EPA use the Children's Health Protection Advisory 
Committee proactively as a mechanism for providing advice on 
regulations, programs, plans or other issues. The Agency has recently 
renewed the charter of the Advisory Committee and is committed to 
using the CHPAC to request advice on regulations, policies and other 
important environmental issues. 

GAO recommends that EPA ensure participation to the 'idlest extent 
possible, by the Office of Children's Health or other key officials on 
the interagency organizations identified in Executive Order 13045. We 
also note with interest the GAO recommendation to Congress on the 
reestablishment of the interagency task force. EPA will ensure active 
participation from the Office of Children's Health or other key 
officials on interagency efforts related to children's environmental 
health. 

Again, thank you for the opportunity to comment on this draft report. 
If you have further questions, please contact me, or your staff may 
call Bobbie Trent, the EPA GAO liaison, at (202 566-0983. 

Sincerely, 

Signed by: 

David McIntosh: 
Associate Administrator: 

[End of section] 

Appendix VII: GAO Contact and Staff Acknowledgments: 

GAO Contact: 

John Stephenson, (202) 512-3841 or stephensonj@gao.gov: 

Staff Acknowledgments: 

In addition to the contact named above, Diane Raynes, Assistant 
Director; Elizabeth Beardsley; Timothy Bober; Mark Braza; Emily 
Hanawalt; Terrance Horner, Jr.; Aaron Shiffrin; Benjamin Shouse; and 
Kiki Theodoropoulos made key contributions to this report. 

[End of section] 

Footnotes: 

[1] The Environmental Protection Agency sets National Ambient Air 
Quality Standards for ozone, particulate matter, sulfur dioxide, 
nitrogen dioxide, carbon monoxide, and lead. 

[2] In 2005, EPA expanded the office to include environmental 
education and aging initiatives, renaming it the Office of Children's 
Health Protection and Environmental Education. 

[3] EPA Office of Inspector General, The Effectiveness of the Office 
of Children's Health Protection Cannot Yet Be Determined 
Quantitatively, Report No. 2004-P-00016 (Washington, D.C., May 17, 
2004). 

[4] GAO, Environmental Health: EPA Efforts to Address Children's 
Health Issues Need Greater Focus, Direction, and Top-Level Commitment, 
[hyperlink, http://www.gao.gov/products/GAO-08-1155T] (Washington, 
D.C.: Sept. 16, 2008). 

[5] Pub. L. 103-62 (1993). 

[6] National Research Council, National Academy of Sciences, 
Pesticides in the Diets of Infants and Children (Washington, D.C., 
1993). 

[7] The Food Quality Protection Act provisions allowed EPA to use a 
different safety factor if the Administrator finds that reliable data 
demonstrate it would be safe for infants and children. Pub. L. No. 104-
170 § 405 (1996). 

[8] The term "subpopulation" is ingrained into EPA's past practice, as 
well as various laws that EPA administers, such as the Safe Drinking 
Water Act Amendments (1996). Prior to the publication of the 2005 
Guidelines for Carcinogen Risk Assessment and the 2005 Guidance on 
Selecting Age Groups for Monitoring and Assessing Childhood Exposures 
to Environmental Contaminants, EPA described all types of groups of 
individuals as "subpopulations." 

[9] Interagency Forum on Child and Family Statistics, America's 
Children: Key National Indicators of Well-Being (Washington, D.C., 
2009). 

[10] 62 Fed. Reg. 19,885 (Apr. 21, 1997). 

[11] [hyperlink, http://www.epa.gov/ncer/childrenscenters]. 

[12] Pub. L. No. 106-310, § 1004 (2000). 

[13] [hyperlink, http://nationalchildrensstudy.gov]. 

[14] EPA, America's Children and the Environment, [hyperlink, 
http://www.epa.gov/economics/children] (accessed Jan. 15, 2010). 

[15] EPA, EPA's Action Development Process: Guidance for EPA Staff on 
Developing Quality Actions (Washington, D.C., 2004). 

[16] Executive Order 12866 directs most agencies, including EPA, to, 
among other things, assess costs and benefits of available regulatory 
alternatives and to submit significant rules to OMB's Office of 
Information and Regulatory Affairs for review before they are 
published. 58 Fed. Reg. 51,735 (1993). For a summary of agencies' 
responsibilities for rulemakings under broadly applicable 
requirements, see appendix I of GAO, Federal Rulemaking: Improvements 
Needed to Monitoring and Evaluation of Rules Development as Well as to 
the Transparency of OMB's Regulatory Reviews, GAO-09-205 (Washington, 
D.C.: Apr. 20, 2009). 

[17] EPA, EPA's Action Development Process: Guide to Considering 
Children's Health When Developing EPA Actions: Implementing Executive 
Order 13045 and EPA's Policy on Evaluating Health Risks to Children 
(Washington, D.C., 2006). 

[18] P.L. 106-310. 

[19] The research strategy has not been updated since its publication. 
Instead, EPA integrated children's environmental health into its 
Office of Research and Development multiyear human health research 
plans. 

[20] EPA Office of Inspector General, Report No. 2004-P-00016. 

[21] GAO, Environmental Information: EPA Actions Could Reduce the 
Availability of Environmental Information to the Public, [hyperlink, 
http://www.gao.gov/products/GAO-07-464T] (Washington, D.C.: Feb. 6, 
2007), and Toxic Chemical Releases: EPA Actions Could Reduce 
Environmental Information Available to Many Communities, [hyperlink, 
http://www.gao.gov/products/-08-128] (Washington, D.C.: Nov. 30, 2007). 

[22] Omnibus Appropriations Act, 2009, Pub. L. No. 111-8, § 425 (2009). 

[23] Administrator Lisa P. Jackson, Remarks at the Columbia University 
Center for Children's Environmental Health, March 30, 2009. 

[24] Pub. L. 94-469 (1976); codified as amended at 15 U.S.C. §§ 2601 
et seq. 

[25] In September 2009, the EPA Administrator announced a five-part 
comprehensive approach to enhance chemical management under existing 
laws. This approach includes developing chemical action plans, which 
should target the agency's risk management efforts on chemicals of 
concern, and increasing public access to information about chemicals. 

[26] The Government Performance and Results Act requires that each 
agency prepare a strategic plan that defines its missions, goals, and 
the means by which it will measure its progress over a 5-year period 
and update them every 3 years. For example, EPA's 1997 plan covered 
years 1997 through 2001. 

[27] EPA has issued four strategic plans since 1997, and is currently 
in the process of issuing its 2009-2013 plan. 

[28] EPA's 2003 and 2006 strategic plans include five goals: (1) Clean 
Air and Global Climate Change, (2) Clean and Safe Water, (3) Land 
Preservation and Restoration, (4) Healthy Communities and Ecosystems, 
and (5) Compliance and Environmental Stewardship. 

[29] The draft September 2009 strategic plan includes target areas for 
improvement, such as impacts of sustainable agriculture, global 
climate change, import safety, and environmental indicators. 

[30] OMB defines strategic targets as quantifiable or otherwise 
measurable characteristics that tell how well or at what level a 
program aspires to perform. Each subobjective typically has between 
one and four strategic targets. 

[31] GAO, Depot Maintenance: Improved Strategic Planning Needed to 
Ensure That Army and Marine Corps Depots Can Meet Future Maintenance 
Requirements, [hyperlink, http://www.gao.gov/products/GAO-09-865] 
(Washington, D.C.: Sept. 17, 2009). 

[32] OMB defines objectives and subobjectives as statements of aim or 
purpose included in a strategic plan, required under the Government 
Performance and Results Act. EPA's current strategic plan has 9 
subobjectives under goal 1, 5 subobjectives under goals 2 and 3, 20 
subobjectives under goal 4, and 6 subobjectives under goal 5. 

[33] Risk assessment is the process EPA uses to determine the nature 
and magnitude of health risks to humans from chemical contaminants and 
other stressors. 

[34] EPA's Web site explains its lifestages research (see [hyperlink, 
http://www.epa.gov/nerl/goals/health/lifestage.html]). 

[35] EPA, Board of Scientific Counselors, Review of the Office of 
Research and Development's Human Health Research Program at the U.S. 
Environmental Protection Agency (Washington, D.C., 2009). 

[36] EPA's Office of Pesticide Programs noted that, as a result of the 
Food Quality Protection Act of 1996, its risk assessments routinely 
discuss the risks to infants and children resulting from use of 
pesticides. 

[37] EPA, Office of Policy, Economics, and Innovation, EPA's Action 
Development Process: Guide to Considering Children's Health When 
Developing EPA Actions: Implementing Executive Order 13045 and EPA's 
Policy on Evaluating Health Risks to Children (Washington, D.C., 
2006). This guide superseded EPA's Rule Writer's Guide to Executive 
Order 13045 (Washington, D.C., 1998). 

[38] EPA, Risk Assessment Forum, Supplemental Guidance for Assessing 
Susceptibility from Early Life Exposure to Carcinogens (Washington, 
D.C., 2005). EPA, Office of Research and Development, Child-Specific 
Exposure Factors Handbook (Washington, D.C., 2008). 

[39] EPA, Risk Assessment Forum, Guidance on Selecting Age Groups for 
Monitoring and Assessing Childhood Exposures to Environmental 
Contaminants (Washington, D.C., 2005). 

[40] EPA, Office of Children's Health Protection and Office of Policy, 
Economics, and Innovation, Children's Health Valuation Handbook 
(Washington, D.C., 2003). 

[41] According to the Office of Policy, Economics, and Innovation, the 
agency conducted final review for 58 tier 1 or tier 2 regulations from 
2007 through 2008. 

[42] EPA's Office of Research and Development was responsible for 
supporting much of the relevant research on particulate matter. More 
than 40 percent of the research citations in the Criteria Document and 
the Staff Paper, key documents prepared during the action development 
process then in effect, were supported by the office, according to EPA 
(see figure 2). 

[43] American Farm Bureau Federation v. EPA, 559 F. 3d 512, 519 (2009). 

[44] Codified as amended at 42 U.S.C. Ch. 85 (2009). 

[45] The Executive Order applies to rulemakings that are initiated 
after April 21, 1997, or for which a Notice of Proposed Rulemaking is 
published after April 21, 1998. EPA did not determine that any 
proposed or final regulations published before 1998 were subject to 
the order. 

[46] National Emission Standards for Hazardous Air Pollutants from the 
Portland Cement Manufacturing Industry Proposed Rule, 74 Fed. Reg. 
21,136, 21,170 (May 6, 2009). 

[47] [hyperlink, http://www.gao.gov/products/GAO-09-205]. 

[48] Executive Order 12866 also applies to "significant" rulemakings 
that meet criteria other than economic significance; however, 
Executive Order 13045's regulatory requirements are triggered only by 
economic significance. 

[49] D. Payne-Sturges and D. Kemp, "Ten Years of Addressing Children's 
Health through Regulatory Policy at the U.S. Environmental Protection 
Agency." Environmental Health Perspectives, vol. 116, no. 12 (2008). 
The study covered the period from April 1998 to December 2006. 

[50] Pub. L. No. 104-170, § 405 amended the standard-setting 
provisions of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 
et seq.). 

[51] Executive Order 12866 of September 30, 1993, was amended by 
Executive Order 13258 of February 26, 2002, and Executive Order 13422 
of January 18, 2007, and is still in effect. 

[52] Unless otherwise noted, when we refer to Federal Register notices 
in this section, we are referring to the preamble section on Executive 
Order 13045. The Executive Order requires that, for covered actions, 
the agency conduct and submit these analyses to OMB. The analyses must 
also be made part of the administrative record or otherwise made 
available to the public, to the extent permitted by law. The Executive 
Order does not require that the Federal Register notices for such 
regulations explain the agency's analyses. 

[53] The first Director of the Office of Children's Health served 
almost 5 years, from 1997 through 2002. The four subsequent acting 
directors, from 2002 to 2008, served an average of 2 years. 

[54] EPA Office of Inspector General, The Effectiveness of the Office 
of Children's Health Protection Cannot Yet Be Determined 
Quantitatively, Report No. 2004-P-00016 (Washington, D.C.: May 17, 
2004). 

[55] GAO, Management Reform: Elements of Successful Improvement 
Initiatives, [hyperlink, http://www.gao.gov/products/GAO/T-GGD-00-26] 
(Washington, D.C.: Oct. 15, 1999). 

[56] GAO, Diversity Management: Expert-Identified Leading Practices 
and Agency Examples, [hyperlink, 
http://www.gao.gov/products/GAO-05-90] (Washington, D.C.: Jan. 14, 
2005). 

[57] Staff positions are measured in full-time-equivalents (FTE), 
which generally consists of one or more employed individuals who 
collectively complete 2,080 work hours in a given year. For example, 
one FTE can represent either one full-time employee or two half-time 
employees. 

[58] EPA's Inspector General recommended in his 2004 report that 
coordination be reflected in EPA's strategic plan objectives and in 
relevant output and outcome performance indicators. 

[59] [hyperlink, http://www.gao.gov/products/GAO-08-1155T]. 

[60] For example, we placed the following June 2008 Advisory Committee 
recommendation into both the research and the policy and procedure 
categories: "Additional research on children's vulnerabilities to 
health impacts of climate change should also be a priority for the 
agency as a whole in the future." 

[61] The forum was founded in 1994 to foster the coordination and 
integration of the collection and reporting of data on children and 
families. 

[62] [hyperlink, http://childstats.gov]. 

[63] The G8 countries are Canada, France, Germany, Italy, Japan, 
Russia, the United Kingdom, the United States, as well as the European 
Commission. The most recent meeting of the G8 took place in Italy in 
April 2009. 

[64] Administrator Lisa P. Jackson, Remarks at the G8 Environmental 
Minister's Meeting Children's Health Event, April 24, 2009. 

[65] [hyperlink, http://www.gao.gov/products/GAO-08-1155T]. 

[66] These requirements are provided in Executive Order 13045 section 
501(a) and 501(b), respectively. 

[End of section] 

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