Equity Advocates Say Region IV Actions Qualify As ‘Abuse’ For OIG Study
by The InsideEPA.com Environmental NewsStand

11/20/2009-- Environmental justice advocates are arguing that EPA Region IV’s inaction in addressing contamination in minority
communities qualifies as “abuse” and should guide the agency’s Office of Inspector General (OIG) as it reviews whether
it can investigate the allegations under its authority to investigate fraud, waste and abuse at the agency.

The advocates’ push comes as sources say senior EPA officials are agreeing to a number of new environmental justice
efforts in Region IV -- which represents eight Southern states -- including a possible tour of toxic sites in the region by
EPA Administrator Lisa Jackson and members of the Congressional Black Caucus (CBC), and an additional review by
headquarters officials of the advocates’ allegations separate from a potential OIG investigation or Region IV assessment.

The advocates are seeking an OIG investigation of the allegations, and met Oct. 27 with regional EPA officials and OIG
representatives to raise their concerns about the disproportionate impact on minorities in Region IV. The groups also
wrote an Oct. 8 letter to civil rights icon Rep. John Lewis (D-CA) urging him to commission an investigation of the issue
by the Government Accountability Office (GAO) or OIG.

Acting EPA IG Bill Roderick in a Nov. 9 letter to advocate Robert Bullard says the Inspector General Act limits OIG
authority to investigations that involve fraud, waste and abuse of an EPA program or operation (Inside EPA, Nov. 13).
But Roderick says the office is “gathering information to help us decide whether we have the authority to investigate
these issues. I will follow up with you once this determination has been made.”

Advocates in response say the region’s actions qualify under the terms of fraud, waste and abuse. For example, EPA’s
delay in investigating complaints is an abuse, one advocate says, citing a lack of response to a complaint filed in July by
community members in McIntosh, AL, where the Olin Chemical Superfund site is located.

“Knowingly allowing residents in McIntosh, AL to be needlessly exposed to toxic chemicals in my judgment constitutes
abuse of the worst kind. Not responding to health threats in a timely manner is abuse. Once again, [environmental
justice] communities are getting a ‘Katrina response’ (or no response) from government,” the advocate said in an email.

And advocates raise concerns about fraud in the McIntosh claim, which was submitted to Region IV on July 13 and
again on Nov. 10, and forwarded to Roderick Nov. 11. Local advocate Rodney James alleges that Olin fraudulently said
its waste was not hazardous and then used the waste as fill dirt in the local community.

In addition, the environmental group WildLaw is reviewing the definitions of the terms fraud, waste and abuse that
Roderick referred to in a bid to see if the Region IV complaints qualify, the advocate says.

In a related matter, the Obama administration recently announced their nomination of Arthur Elkins, an EPA associate
general counsel, to be the agency’s next inspector general (see related story). However, it is unclear how the nomination
will, if at all, impact the possibility of an OIG investigation of Region IV. An OIG spokesman says the office has no
comment on the impact of the nomination or advocates’ claims regarding abuse and fraud.

Meanwhile, EPA appears to be taking a number of new efforts on environmental justice in Region IV, the advocate says.
For example, members of the CBC met recently with Jackson and discussed the possibility of taking a “toxics tour” of
contaminated sites in the area, the advocate says. Some members of the CBC have also expressed an interest in backing
advocates’ call for a GAO or IG investigation, but they appear to be waiting until the tour is completed to take any action
on the issue, the advocate says. The CBC did not return a request for comment by press time.

Advocates also met Nov. 13 with EPA waste chief Mathy Stanislaus about their concerns, and the advocate says
Stanislaus agreed to conduct a rigorous assessment of their claims, independent of any assessment Region IV might
conduct. The advocate says the promise was “refreshing,” and adds that “the ‘poisoned communities’ do not expect
much from Region IV -- certainly they don’t expect justice.” EPA did not respond to a request for comment.
Stanislaus and Region IV Superfund Division Director Franklin Hill also visited contaminated communities in Picayune,
MS, on their way to a Brownfields conference in New Orleans, according to a spokeswoman for Region IV.

Jackson, a New Orleans native, also spoke at the Brownfields conference, highlighting the important role of cleaning up
contaminated sites in rejuvenating communities. Jackson also announced that the agency would be investing $100,000 in
each of 10 environmental justice communities, where the agency will showcase collaborative, community-based
approaches to improve public health and the environment.

However, Region IV’s Hill has no current plans to visit another site of concern, a Kerr-McGee site in Hattiesburg, MS,
in spite of requests to do so from local advocates. “We are aware of the community concerns at the Kerr-McGee facility
referenced, since they were presented to us by the community and formally in writing when EPA Region IV hosted a
meeting with [environmental justice] community representatives on October 27, 2009 here in Atlanta. EPA will be
responding to those concerns by letter soon to determine next steps,” the Region IV spokeswoman says.