Facilities in Kansas, Kentucky, and Tennessee subject to the requirements of the Clean Air Act’s risk management program (CAA Section 112r) may find themselves undergoing increased scrutiny because of EPA’s inspection practices.
According to a report by EPA’s Office of Inspector General (OIG), OIG is currently evaluating whether the EPA has adequate management controls for ensuring the effectiveness of its risk management program inspections. OIG learned that EPA has used contractors to perform risk management program inspections in Kansas, Kentucky, and Tennessee despite federal court decisions prohibiting EPA’s use of contractors to conduct CAA inspections in these states and the EPA 1984 policy memo that incorporated the decisions.
The risk management program team leader in Region 7 told OIG that he was not aware of EPA’s 1984 policy memo prohibiting the use of contractors in Kansas. The team leader was not aware of any specific discussions with counsel regarding the use of contractors to conduct inspections in Kansas.
OIG recommended that EPA take immediate action to eliminate or revise its use of contractors to conduct risk management program inspections, and update and reissue its policy memo on the use of contractors to perform CAA inspections.
INFO: Contact OIG’s Elizabeth Grossman at 202-566-0838.