Refinery Reform Campaign

Environmental Watchdog Groups Demand Immediate Freeze of Federal Funds to Troubled Louisiana DEQ

-Implement Inspector's Recommendations Needed Before More Damage is Done-

(New Orleans, LA) Two environmental watchdog groups sent demands to EPA Headquarters and the Inspector General seeking an immediate freeze on all federal grants to the Louisiana Department of Environmental Quality in light of a scathing audit that said the troubled agency is not properly administering the funds. The Refinery Reform Campaign and the Louisiana Bucket Brigade also asked the EPA Region VI Administrator, the Inspector General and EPA Headquarters to schedule a series of meetings with the groups to resolve the crisis.

In a series of letters sent this morning, the groups stated: "As you are aware the fenceline communities that our organizations represent believe that many serious problems exist with both agencies immediate action is required in order to fully protect the health of these communities and their environment. The Inspector General's report verifies our conclusions."

The Refinery Reform Campaign and the Louisiana Bucket Brigade made the following demands in the letters:

The letters to Christine Todd Whitman, the EPA Administrator and others go on to say: "Why is such drastic and immediate action necessary? The answer is taken directly from the audit: 'EPA Region VI's oversight was insufficient and could not assure the public that Louisiana was protecting the environment.' If the public, particularly the communities most at risk from the failures of the agencies, can not be assured that basic protections are in place, then there is little reason for the agencies to exist."

In March 2002, the national Refinery Reform Campaign and the Louisiana Bucket Brigade wrote a petition to revoke DEQ"s authority and a request that the Inspector General investigate the agency. The Louisiana Bucket Brigade spearheaded an alliance of community and statewide groups to sign on to the demands and hold a "People's Hearing on LADEQ" in May 2002. Many other groups, such as LEAN and the Tulane Environmental Clinic, have joined the effort.

Inconsistencies within Divisions - p. 5
"The branch chief [Compliance Assurance and Enforcement Division"s Branch Chief for Air Issues] told us that the Region's air oversight coordinator for Louisiana maintained all information regarding oversight issues and, more specifically, details regarding review of compliance certifications. However, when we spoke with the coordinator, he stated that he neither reviewed the certifications nor was aware he was responsible for reviewing certifications. He also did not know who in Region 6 or Louisiana was responsible.

Inconsistencies Between Divisions - p. 5
"For example, the NPDES permitting oversight team made semiannual visits to audit the NPDES program, whereas the Title V permitting staff had not made an on-site visit to the LDEQ to formally review the Title V program in almost 6 years."

Inconsistency Between Region 6 and EPA Headquarters - p.7
"Region 6 officials said they believe it is Louisiana's job to review the compliance certifications, although they did not know if that was happening. In December 2002, Region 6 stated that it had reviewed 170 certifications, although they were unable to provide documentation for that number. According to EPA headquarters as of December 14, 2002, [AIRS data] showed that Region 6 had reviewed 6 of the 252 Louisiana Title V compliance certifications submitted (2 percent) and found of the 6 facilities (17 percent) was out of compliance."

REGION LEADERSHIP DID NOT HOLD LOUISIANA ACCOUNTABLE - p. 8
"Despite all of the documented problems [including those in the Legislative Audit] with the performance of Louisiana's environmental programs, we found no evidence that Region 6 escalated its oversight approach."

p.9
"For example, in the 1999 NPDES mid-year review, Region 6 asked Louisiana to prepare a plan of action, within 14 days of the review, for the issuance of 3 general permits that would regulate 16 facilities. EPA subsequently requested the plan in the next two semiannual reviews, meaning that the plan was over a year late. Region 6 staff stated that the plan was never developed nor the permits ever issued. As a result, the 16 facilities are operating and discharging into water bodies without a current permit."

REGION LEADERSHIP DID NOT ENSURE THAT DATA WAS RELIABLE - p.10
"Region 6 staff admitted they were unsure of the usefulness of the data, yet in some cases they relied on it for oversight purposes."

REGION 6 MANAGEMENT HAS NOT DEFINED SUCCESSFUL OVERSIGHT - p. 15
"The Deputy Regional Administrator gave us a memo dated June 26, 2000, indicating Region 6's intent to strengthen its partnership with Louisiana. However, we did not observe any specific actions Region 6 had taken to determine whether the intent and spirit of the memo was implemented."

Region 6 could not Measure Effectiveness of Oversight - p. 17
"Region 6's air enforcement coordinator for Louisiana told us he was not sure whether his oversight is successful because no one has told him how to identify success."

REQUEST FROM REFINERY REFORM CAMPAIGN AND LOUISIANA BUCKET BRIGADE TO FREEZE FEDERAL GRANT FUNDS TO LDEQ AND SCHEDULE MEETINGS WITH PETITIONERS

Ms. Nikki L. Tinsley
Inspector General
U.S. Environmental Protection Agency
Washington, DC 20460

The Refinery Reform Campaign and the Louisiana Bucket Brigade are writing you in response to the February 3, 2003 Audit of Region 6 and the Louisiana DEQ. As you are aware the fenceline communities that our organizations represent believe that many serious problems exist with both agencies and immediate action is required in order to fully protect the health of these communities and their environment. The Inspector General's report verifies our conclusions.

Therefore we are asking that Region 6 and EPA headquarters take the following action today:

Why is such drastic and immediate action necessary? The answer is taken directly from the audit: "EPA Region 6's oversight was insufficient and could not assure the public that Louisiana was protecting the environment because Region 6 leadership:
(1) did not develop and clearly communicate a vision and measurable goals for its oversight of the State or emphasize the importance of consistently conducting oversight,
(2) did not hold Louisiana accountable for meeting goals and commitments, and
(3) did not ensure that data of poor quality was corrected so that it could be relied upon to make sound decisions.
"If the public, particularly the communities most at risk from the failures of the agencies, can not be assured that basic protections are in place, then there is little reason for the agencies to exist."

While we agree with the report that "the EPA Region 6 Administrator take various corrective actions to improve Regional oversight of Louisiana. Included among those actions is developing and communicating a clear vision and measurable goals for oversight, holding Louisiana accountable for the results of its programs through stronger grant commitments, and working with the State to identify and correct inaccuracies in key databases. We also recommend the Region develop and implement a systematic process to gather and evaluate feedback from its state partners, and conduct independent evaluations of oversight." We strongly believe that this process must include the petitioners, the Louisiana Bucket Brigade, the Refinery Reform Campaign as well as fenceline neighbors.

The report requests a process over the next 90 days to get specific responses and needed improvements. We believe that as the petitioners and the driving force behind the audit and its recommendations, this process must include meetings between the petitioners and the decision-making staff of Region 6, the Office of Inspector General and EPA headquarters.

In addition, we would like to point out that there is an error in the report. The report states:

"In March 2002, the New Sarpy Concerned Citizens group petitioned Region 6 to withdraw from Louisiana the Resource Conservation and Recovery Act (RCRA) program for hazardous waste and the Title V air permit program. Due to the petitions, the Region 6 Regional Administrator asked the Office of Inspector General (OIG) to review how Region 6 oversees Louisiana's implementation of the permitting and enforcement functions of the three programs."

In fact the request of the Inspector General's Office of March 2002, was made by the Louisiana Bucket Brigade, the Refinery Reform Campaign as well as the New Sarpy Concerned Citizens. Please correct the report to ensure its accuracy.

We look forward to your quick response. Please make your response to the contacts listed below: