E&C Dem Leaders Request GAO Investigation Into EPA Enforcement of Health & Environmental Safeguards

Washington, D.C. – Energy and Commerce Democratic leaders today requested the U.S. Government Accountability Office (GAO) investigate the Environmental Protection Agency's (EPA) enforcement of federal health and environmental safeguards, including EPA's oversight of state enforcement programs. The request was made in a letter to GAO from Ranking Member Frank Pallone, Jr. (D-NJ), Oversight and Investigations subcommittee Ranking Member Diana DeGette (D-CO), and Environment subcommittee Ranking Member Paul Tonko (D-NY).

The Democrats' request comes after troubling reports detailing a significant decline in enforcement cases initiated by EPA. The committee leaders also voiced concerns about the effects proposed cuts would have on the Agency's budget and staffing.

"We are concerned that President Trump's and Administrator Pruitt's policies to ‘streamline' permitting processes, reduce regulatory ‘burdens' for industry, and defer to states on enforcement will lead to more environmental law violations due to lax enforcement at both the state and federal level," the Democrats wrote in their letter requesting the investigation.

The three Democratic Committee leaders are concerned that the appropriate EPA enforcement offices, including the Office of Enforcement and Compliance Assurance (OECA), which administers EPA's enforcement activities by providing policies and direction for EPA's ten regional offices, are apparently being sidelined by Administrator Pruitt. For example, in a December 7, 2017 memorandum issued by Pruitt that informed the Agency's regional offices that EPA would no longer enforce certain requirements under the Clean Air Act's New Source Review program, there was no indication that OECA was involved in the development of the policy changes included in the memorandum.

"We understand there are many benefits to state-based implementation and enforcement of environmental laws. However, federalism should not be used as a justification for undermining federal oversight and enforcement," the three Democratic Committee leaders continued in their letter.

​​​​​​​​​​​As part of GAO's review of the status of EPA's enforcement program, the Democrats requested information on a series of issues, including:

• What are EPA's environmental law enforcement responsibilities, and to what extent are they changing? For example, are the number and/or nature of the cases being investigated and pursued diverging significantly as compared to that of past Administrations? How does the current number of case referrals sent quarterly from EPA to the U.S. Department of Justice compare to that of past Administrations?
• To what extent does EPA have the staffing and resources available to oversee and implement its enforcement responsibilities?
• To what extent has EPA altered its procedures to review state programs?
• Have EPA Regional Offices reduced their planned inspections of state programs or permits significantly as compared to past administrations?
• Has EPA reduced or eliminated special reviews that were undertaken during the Obama Administration as a result of suspected or identified deficiencies in specific state programs (e.g. Michigan's drinking water program)?

The letter is available HERE.

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