Recommendation: Congress should consider the options for sustaining the Oil Spill Liability Trust Fund as well as the optimal level of funding to be maintained in the Fund, in light of the expiration of the Fund's per-barrel tax funding source in 2017.

Agency: Congress
Status: Open

Comments: In fiscal year 2019, the 116th Congress' House and Senate introduced bills H.R. 3301 and S. 865, respectively, to extend the per barrel tax expiration dates. In addition, the Senate bill proposes a ceiling to cut off the tax if the fund's balance is above a certain amount and to also restart based on meeting certain thresholds. We will continue to monitor legislation and congressional actions.

Recommendation: To improve EPA's ability to oversee the states' implementation of the Safe Drinking Water Act and provide Congress and the public with more complete and accurate information on compliance, the Administrator of EPA should resume data verification audits to routinely evaluate the quality of selected drinking water data on health-based and monitoring violations that the states provide to EPA. These audits should also evaluate the quality of data on the enforcement actions that states and other primacy agencies have taken to correct violations.

Agency: Environmental Protection Agency
Status: Open
Priority recommendation

Comments: As of July 2020 there has been no change in the status of this recommendation. EPA, as of September 2019, had not resumed data verification audits to routinely evaluate the quality of the data states provide to the agency. The Safe Drinking Water Information System (SDWIS) Prime and the Compliance Monitoring Data Portal (CMDP) will replace the data verification audits in the future. EPA has made SDWIS Prime available through incremental interim releases to state drinking water agencies for exploring and testing but does not expect to fully release it until mid-2020. However, as of August 2019, SDWIS Prime was unavailable while EPA awaited progress on the SDWIS Modernization Project plan. According to EPA, the CMDP will enable utilities and laboratories to report data electronically to primacy agencies with fewer errors and in a more efficient manner; but it is not clear when it will be fully operational. According to data provided by EPA in September 2019, 10 states were using CMDP to varying degrees. EPA information identified another 6 states that plan to transition to CMDP between September and December 2019, 2 states that plan to transition in 2020, and 12 others that may transition in the future. In the meantime, EPA indicated that the agency will complete nine file reviews in 2019 to verify data in agencies that do not currently use CMDP. EPA's actions may improve its ability to oversee states' implementation of the act and provide more complete and accurate information on compliance, but because EPA's systems to replace data verification audits are not yet fully in place, we are keeping this recommendation open.

Recommendation: To improve EPA's ability to oversee the states' implementation of the Safe Drinking Water Act and provide Congress and the public with more complete and accurate information on compliance, the Administrator of EPA should work with the states to establish a goal, or goals, for the completeness and accuracy of data on monitoring violations. In setting these goals, EPA may want to consider whether certain types of monitoring violations merit specific targets. For example, the agency may decide that a goal for the states to completely and accurately report when required monitoring was not done should differ from a goal for reporting when monitoring was done but not reported on time.

Agency: Environmental Protection Agency
Status: Open

Comments: As of July 2020 there has been no change in the status of this recommendation. EPA is developing the Safe Drinking Water Information System (SDWIS) Prime, with several efforts underway as of September 2019 as we noted under recommendation 1, but until it is fully operational, EPA will not be able to work with states to establish a national goal for the quality of monitoring violations. EPA noted in 2017 that it expected SDWIS Prime to enable the agency and primacy agencies to better understand the nature of system violations and consider developing goals for monitoring and reporting violations. However, according to EPA, SDWIS Prime will not be released until mid-2020. EPA indicated plans to modify the Annual Public Water System Supervision (PWSS) Program Review requirements but the agency states that it is dependent on approval by the Office of the Inspector General. Despite the ongoing delays to address the call in the recommendation for establishing new goals, we are keeping this recommendation open while EPA continues its efforts to implement SDWIS Prime.

Recommendation: Because EPA alone cannot address the complexities of the nation's challenges in addressing environmental health risks for children, Congress may wish to consider re-establishing 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. Congress may wish to consider charging it with identifying the principal environmental health threats to children and developing national strategies for addressing them. Congress may also wish to consider establishing in law the Executive Order's requirement for periodic reports about federal research findings and research needs regarding children's environmental health.

Agency: Congress
Status: Open

Comments: As of March 2020, we have not identified actions by the Congress to establish in law requirements such as those in Executive Order 13045.