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GAO-08-841R: 

July 18, 2008: 

Congressional Requesters: 

Subject: Superfund: Funding and Reported Costs of Enforcement and 
Administration Activities: 

The Environmental Protection Agency (EPA) estimates that one in four 
Americans lives within 3 miles of a hazardous waste site. To clean up 
these highly contaminated sites, the Congress established the Superfund 
program under the Comprehensive Environmental Response, Compensation, 
and Liability Act (CERCLA) in 1980. EPA, the principal agency 
responsible for administering the Superfund program, has since 
identified more than 47,000 hazardous waste sites potentially requiring 
cleanup actions and has placed some of the most seriously contaminated 
sites on its National Priorities List (NPL). Through the end of fiscal 
year 2007, EPA had classified 1,569 sites as NPL sites.[Footnote 1] 

Cleanup efforts at NPL sites are typically expensive and can take many 
years. There are two basic types of cleanup actions: (1) removal 
actions--generally short-term or emergency cleanups to mitigate 
threats--and (2) remedial actions--generally long-term cleanup 
activities. Among other efforts, EPA may respond to and provide 
technical support for emergency actions, collect and analyze site data, 
and design and construct remedies, or oversee the work of others. 
However, the parties responsible for contributing to the contamination 
of a hazardous waste site are also primarily responsible for conducting 
or paying for the cleanup of the site. Responsible parties include 
current or former owners or operators of a site or the generators and 
transporters of the hazardous substances. CERCLA authorizes EPA to 
compel the responsible parties to clean up contaminated sites and also 
allows EPA to conduct cleanups and then seek reimbursement from the 
responsible parties. One of EPA's goals is ensuring that, to the extent 
possible, parties who are responsible for the contamination perform or 
pay for cleanup actions. In some cases, however, parties cannot be 
identified or may be unwilling or financially unable to perform the 
cleanup; we previously found that the number of NPL sites without 
viable responsible parties may be increasing.[Footnote 2] In these 
cases, EPA can assume responsibility for site cleanup and seek 
reimbursement from any responsible parties that can be identified. The 
states may also play a significant role in cleaning up hazardous waste 
sites. Most states have established programs to help address hazardous 
waste sites, although many states have limited capacity to address 
costly and complex sites. 

To fund program activities, CERCLA established a trust fund that was 
financed primarily by taxes on crude oil and certain chemicals, as well 
as an environmental tax assessed on corporations based upon their 
taxable income. Although the authority for these taxes expired in 1995, 
some tax revenues have continued to accrue to the fund as audits of 
past years' tax returns have led to the recovery of Superfund taxes 
previously owed by companies. In addition, the trust fund continued to 
receive revenue--also referred to as receipts--from various other 
sources, including appropriations from the general fund.[Footnote 3] 
EPA receives annual appropriations from the trust fund for program 
activities; since 1981, Superfund appropriations have totaled over $32 
billion in nominal dollars, or about $1.2 billion annually.[Footnote 4] 
CERCLA authorizes EPA to use its Superfund appropriation to conduct 
cleanup actions, and the agency's Office of Solid Waste and Emergency 
Response (OSWER) is accountable for achieving Superfund's cleanup 
goals. [Footnote 5] 

CERCLA also authorizes EPA to use its Superfund appropriation for 
activities that support site cleanup. EPA's Office of Enforcement and 
Compliance Assurance (OECA) is responsible for enforcement actions, 
such as identifying responsible parties, compelling them to clean up 
the site, and recovering cleanup costs. Other EPA support offices, such 
as the Office of Administration and Resources Management and the Office 
of the Chief Financial Officer, help administer and manage the program. 
EPA has been criticized for the percentage of the total Superfund 
appropriation that it spends on support activities rather than directly 
to clean up sites on the NPL. 

In this context, you asked us to examine the (1) sources of funding for 
the Superfund trust fund and (2) allocation of these resources to 
Superfund program activities, particularly enforcement and 
administration. 

To determine the sources of funding that support the Superfund trust 
fund, we reviewed the President's Budget Appendices. We also reviewed 
annual appropriations laws and related committee reports. We analyzed 
the data in these documents and discussed our findings with EPA budget 
experts. To evaluate the costs of program activities, we obtained EPA 
data on overall Superfund program expenditures--also referred to as 
outlays--for fiscal years 1999 through 2007, as well as more detailed 
data on enforcement and administration expenditures. We also analyzed 
EPA data on the outcomes of its enforcement activities--specifically 
EPA's estimated value of these outcomes--for fiscal years 1979 through 
2007, although we did not verify the accuracy of these estimates. In 
its response to a draft of this report, EPA indicated that the agency 
continually corrects and updates its historical Superfund enforcement 
outcome data, and therefore provided us with updated data through June 
2008, which we have incorporated into the report. However, because 
changes to EPA's data are on-going, future analyses of this database 
may not match our results. In addition, we reviewed relevant documents, 
such as the Superfund Program Implementation Manual and prior 
evaluations of the Superfund program, and interviewed agency officials 
in OSWER, OECA, and the Office of the Chief Financial Officer. Finally, 
we conducted detailed evaluations of the reliability of the data used 
in our analyses and concluded that these data were sufficiently 
reliable for our purposes; where necessary in the report, we note 
potential limitations of these data. We converted all dollar figures 
into constant 2007 dollars, except when we refer to dollars in 
appropriations documents; for those dollar figures, we use nominal 
dollars, in accordance with our policy to report the dollars that have 
actually been appropriated. For more detailed information on our scope 
and methodology, see enclosure I. 

We conducted this performance audit from July 2007 to July 2008 in 
accordance with generally accepted government auditing standards. Those 
standards require that we plan and perform the audit to obtain 
sufficient, appropriate evidence to provide a reasonable basis for our 
findings and conclusions based on our audit objectives. We believe that 
the evidence obtained provides a reasonable basis for our findings and 
conclusions based on our audit objectives. 

Results in Brief: 

The Superfund trust fund has received revenue from four major sources: 
taxes on crude oil and certain chemicals, as well as an environmental 
tax assessed on corporations based upon their taxable income; 
appropriations from the general fund; fines, penalties, and recoveries 
from responsible parties; and interest accrued on the balance of the 
fund. The contribution of each of these sources changes from year to 
year, although trends are evident when comparing the composition of 
trust fund revenue during the periods before and after the expiration 
of Superfund's taxes. For fiscal years 1981 through 1995, after which 
Superfund-related taxing authority expired, taxes accounted for about 
68 percent of trust fund revenues; appropriations from the general fund 
for 17 percent; interest for 9 percent; and fines, penalties, and 
recoveries for 6 percent. In contrast, from fiscal years 1996 through 
2007, taxes accounted for about 6 percent of trust fund revenues; 
appropriations from the general fund for about 59 percent; interest for 
about 16 percent; and fines, penalties, and recoveries for about 19 
percent. Each year, appropriations laws stipulate the level of the 
annual EPA Superfund program appropriation from the trust fund, and, 
regardless of the balance of the fund, EPA can only expend what is 
appropriated. For fiscal years 1981 through 2007, the Congress 
appropriated an annual average of $1.2 billion in nominal terms to 
EPA's Superfund program, although the annual level of appropriated 
funds has declined in recent years when adjusted for inflation. The 
balance of the trust fund also declined from $4.7 billion at the start 
of fiscal year 1997 to $173 million at the start of fiscal year 2007. 
In addition to setting an overall level of funds available for EPA's 
Superfund program, the Congress has transferred portions of EPA's 
Superfund appropriation to other agencies or programs that support site 
cleanup. 

For fiscal years 1999 through 2007, EPA spent 77 percent of its 
Superfund monies on remedial and removal activities and almost all of 
the rest on enforcement and administration activities. During this 
period, overall program expenditures declined nearly 30 percent in 
constant dollars, from $1.8 billion in fiscal year 1999 to $1.3 billion 
in fiscal year 2007, mostly due to a decline in expenditures for 
remedial activities. Enforcement expenditures made up the largest 
portion of expenditures after site cleanup activities for fiscal years 
1999 through 2007. EPA's annual enforcement expenditures fell from $243 
million to $187 million over this period, but they consistently 
accounted for between 13 percent and 15 percent of total Superfund 
expenditures. Based on our analysis of EPA's data, agency enforcement 
activities at NPL sites through fiscal year 2007 have cumulatively 
provided benefits valued at $29.9 billion to the program, mostly from 
commitments from responsible parties to conduct cleanup actions. 
Superfund program administration costs also declined from fiscal year 
1999 through fiscal year 2007, from $143 million to $132 million. 
Although declining in constant dollars, these costs increased from 8 
percent to 10 percent of total Superfund expenditures during this 
period. EPA's data on Superfund program administration costs include 
the costs of activities undertaken by its support offices, such as 
efforts by the Office of the Chief Financial Officer to operate the 
agency's financial management system, which processes and documents 
Superfund program expenditures, data which is necessary to recoup 
cleanup and oversight costs. However, we identified inconsistencies in 
the data received for this report when compared to estimates of 
Superfund administration costs in previous reports published by the 
agency's Inspector General and others. These inconsistencies stem from, 
in part, differences in how administration costs are defined and 
classified. Moreover, some previous reports also identified potential 
inaccuracies in EPA's administration costs, including outdated 
information on the number of staff performing Superfund work, which is 
used in EPA's calculation of these costs. These inconsistencies and 
inaccuracies make it difficult to reliably estimate trends in Superfund 
administration costs over time. 

We provided a draft of our report to EPA and the Department of Justice 
for comment. EPA generally agreed with the report's descriptions of 
Superfund funding sources, and stated that the report provided a sound 
historical representation of trust fund balances and revenue and an 
accurate description of the program. The agency also provided some 
specific suggestions and technical clarifications, which we 
incorporated into the report as appropriate. EPA's comments are 
reprinted in enclosure II. The Department of Justice did not comment on 
the draft, but provided a technical clarification, which we 
incorporated into the report. 

Background: 

The Superfund cleanup process begins with the discovery of a 
potentially hazardous site or the notification to EPA of possible 
releases of hazardous substances that may threaten human health or the 
environment. Citizens, state agencies, EPA regional offices, and others 
may alert the agency to such threats. EPA regional offices use a 
screening system to numerically assess the potential of sites to pose a 
threat to human health and the environment; those sites that score 
sufficiently high are eligible for proposal to the NPL. EPA publishes a 
list of proposed sites in the Federal Register; the list is subject to 
a period of public comment. Those proposed sites that are later listed 
on the NPL are known as "final" NPL sites. Cleanups at NPL sites 
progress through several steps: investigation and study, remedy 
selection and design, and remedial action. When all physical 
construction at a site is complete, all immediate threats have been 
addressed, and all long-term threats are under control, EPA generally 
considers the site to be "construction complete." Most sites then enter 
into an operation and maintenance phase when the responsible party or 
the state ensures that the remedy continues to protect human health and 
the environment. EPA may have further responsibilities at a site after 
construction is completed, such as continuing groundwater restoration 
efforts or monitoring the sites to ensure that the remedy remains 
protective of human health and the environment. Eventually, when EPA 
and the state determine that no further site response is needed, EPA 
deletes the site from the NPL. Figure 1 illustrates the number of sites 
at each stage of the NPL process since the Superfund program began. By 
the end of fiscal year 2007, EPA had proposed 66 sites that it either 
decided not to list or had not yet determined whether to list on the 
NPL. Moreover, of the 1,569 NPL sites, (1) 321 were deleted because 
they no longer posed threats to human health or the environment; (2) 
713 were declared construction complete, but not yet deleted; and (3) 
535 were not yet construction complete by the end of fiscal year 2007. 
[Footnote 6] 

Figure 1: Status of Proposed, Final, and Deleted NPL Sites, by Fiscal 
Year: 

[See PDF for image] 

This figure is a stacked multiple line graph depicting the following 
data: 

Year: 1981; 
Proposed: 0 sites; 
Final (not construction complete): 0 sites; 
Construction complete: 0 sites; 
Deleted: 0 sites. 

Year: 1982; 
Proposed: 4 sites; 
Final (not construction complete): 0 sites; 
Construction complete: 0 sites; 
Deleted: 0 sites. 

Year: 1983; 
Proposed: 139 sites; 
Final (not construction complete): 400 sites; 
Construction complete: 0 sites; 
Deleted: 5 sites. 

Year: 1984; 
Proposed: 7 sites; 
Final (not construction complete): 532 sites; 
Construction complete: 0 sites; 
Deleted: 5 sites. 

Year: 1985; 
Proposed: 257 sites; 
Final (not construction complete): 532 sites; 
Construction complete: 3 sites; 
Deleted: 5 sites. 

Year: 1986; 
Proposed: 129 sites; 
Final (not construction complete): 694 sites; 
Construction complete: 3 sites; 
Deleted: 13 sites. 

Year: 1987; 
Proposed: 93 sites; 
Final (not construction complete): 790 sites; 
Construction complete: 6 sites; 
Deleted: 13 sites. 

Year: 1988; 
Proposed: 319 sites; 
Final (not construction complete): 778 sites; 
Construction complete: 13 sites; 
Deleted: 18 sites. 

Year: 1989; 
Proposed: 281 sites; 
Final (not construction complete): 869 sites; 
Construction complete: 13 sites; 
Deleted: 28 sites. 

Year: 1990; 
Proposed: 11 sites; 
Final (not construction complete): 1154 sites; 
Construction complete: 20 sites; 
Deleted: 29 sites. 

Year: 1991; 
Proposed: 25 sites; 
Final (not construction complete): 1148 sites; 
Construction complete: 23 sites; 
Deleted: 38 sites. 

Year: 1992; 
Proposed: 53 sites; 
Final (not construction complete): 1060 sites; 
Construction complete: 109 sites; 
Deleted: 40 sites. 

Year: 1993; 
Proposed: 67 sites; 
Final (not construction complete): 1025 sites; 
Construction complete: 165 sites; 
Deleted: 52 sites. 

Year: 1994; 
Proposed: 58 sites; 
Final (not construction complete): 1007 sites; 
Construction complete: 213 sites; 
Deleted: 65 sites. 

Year: 1995; 
Proposed: 35 sites; 
Final (not construction complete): 970 sites; 
Construction complete: 256 sites; 
Deleted: 90 sites. 

Year: 1996; 
Proposed: 45 sites; 
Final (not construction complete): 919 sites; 
Construction complete: 286 sites; 
Deleted: 124 sites. 

Year: 1997; 
Proposed: 47 sites; 
Final (not construction complete): 848 sites; 
Construction complete: 342 sites; 
Deleted: 156 sites. 

Year: 1998; 
Proposed: 64 sites; 
Final (not construction complete): 778 sites; 
Construction complete: 409 sites; 
Deleted: 176 sites. 

Year: 1999; 
Proposed: 56 sites; 
Final (not construction complete): 736 sites; 
Construction complete: 471 sites; 
Deleted: 199 sites. 

Year: 2000; 
Proposed: 58 sites; 
Final (not construction complete): 687 sites; 
Construction complete: 539 sites; 
Deleted: 218 sites. 

Year: 2001; 
Proposed: 74 sites; 
Final (not construction complete): 669 sites; 
Construction complete: 556 sites; 
Deleted: 248 sites. 

Year: 2002; 
Proposed: 64 sites; 
Final (not construction complete): 646 sites; 
Construction complete: 581 sites; 
Deleted: 265 sites. 

Year: 2003; 
Proposed: 58 sites; 
Final (not construction complete): 626 sites; 
Construction complete: 612 sites; 
Deleted: 274 sites. 

Year: 2004; 
Proposed: 73 sites; 
Final (not construction complete): 597 sites; 
Construction complete: 635 sites; 
Deleted: 291 sites. 

Year: 2005; 
Proposed: 67 sites; 
Final (not construction complete): 575 sites; 
Construction complete: 658 sites; 
Deleted: 308 sites. 

Year: 2006; 
Proposed: 66 sites; 
Final (not construction complete): 546 sites; 
Construction complete: 691 sites; 
Deleted: 315 sites. 

Year: 2007; 
Proposed: 71 sites; 
Final (not construction complete): 534 sites; 
Construction complete: 708 sites; 
Deleted: 322 sites. 

Source: GAO analysis of EPA data. 

Note: Although the Superfund program began in 1981, no sites were 
listed on the NPL until 1982. Most of the deleted sites shown were also 
classified as construction complete. However, for purposes of depicting 
the status of cleanup of sites on the NPL, we chose to include in the 
construction complete category only those sites that EPA had declared 
construction complete but had not yet deleted from the NPL. 

[End of figure] 

EPA also conducts removal actions, which are often short-term cleanups 
or preventive actions at sites that pose immediate threats to human 
health or the environment. Removal actions may include, for example, 
excavating contaminated soil, erecting a security fence, stabilizing a 
dike or impoundment, or taking abandoned drums to a proper disposal 
facility to prevent the release of hazardous substances into the 
environment. CERCLA limits removals conducted by EPA to a 1-year effort 
and $2 million in expenditures, although some removal actions may 
qualify for exemptions to these limits. 

CERCLA established a liability scheme that holds certain parties 
responsible for the release or threat of release of hazardous 
substances. Furthermore, courts have interpreted responsible-party 
liability under Superfund to be strict, joint and several, and 
retroactive. Under strict liability, a party may be liable for cleanup 
even though its actions were not considered negligent when it disposed 
of the wastes. Because liability is joint and several, when the harm 
done is indivisible, one party can be held responsible for the full 
cost of the remedy even though that party may have disposed of only a 
portion of the hazardous substances at the site. Retroactive liability 
means that liability applies to actions that took place before CERCLA 
was enacted. 

Early in the cleanup process, EPA conducts a search to find all of the 
potentially responsible parties. It collects evidence to support the 
identification of individual parties by issuing information requests 
(under CERCLA's authority); reviewing documents, such as shipping 
records; conducting interviews; and performing other research. As part 
of this process, EPA not only determines parties' involvement at the 
site but also potential legal defenses or exemptions from liability. 
CERCLA provided EPA with several mechanisms to compel identified 
parties to assume responsibility for cleaning up Superfund sites. If 
EPA has already conducted work at a site--including investigating a 
potential Superfund site or monitoring the work of others--the agency 
can recover the costs of these activities, as well as related support 
costs. Moreover, EPA can order, or ask a court to order, responsible 
parties to conduct the work directly. If the responsible parties do not 
comply with EPA's orders, they may be liable for fines accrued each day 
of noncompliance as well as damages of up to three times the amount 
spent by EPA as a result of the parties' noncompliance--in addition to 
the costs of cleanup--creating a substantial incentive for compliance. 
Other Superfund enforcement authorities include, for example, receiving 
reimbursement for the costs of overseeing responsible parties' efforts. 

Since 1990, EPA and the Department of Justice have pursued a policy of 
"enforcement first," which emphasizes that responsible parties should 
clean up Superfund sites when possible. Moreover, these agencies prefer 
to induce parties to clean up sites through settlement rather than by 
ordering parties to conduct such work or bringing lawsuits against 
them. EPA has previously reported that, if the agency has funds 
available to conduct cleanup actions at a site, responsible parties may 
be more likely to take responsibility for the cleanup because they may 
believe that delaying settlement could lead EPA to proceed with the 
cleanup, and fighting and losing a cost recovery lawsuit would be more 
expensive than undertaking the cleanup themselves.[Footnote 7] 
Additionally, several CERCLA provisions and EPA procedures assist in 
the settlement process with certain types of parties. For example, EPA 
may assume responsibility for a portion of the response costs in cases 
where one or more responsible parties are unable to contribute, so as 
to reduce the liability of other parties. In the case of some small 
contributors--known as de minimis parties--EPA attempts to achieve an 
early settlement in exchange for protection from further enforcement 
action. 

Superfund Trust Fund Revenue Has Decreased and the Funding Sources' 
Relative Contributions Have Changed over Time: 

The Superfund trust fund has received revenue from four major sources: 
(1) taxes on crude oil and certain chemicals, as well as an 
environmental tax assessed on corporations based upon their taxable 
income; (2) appropriations from the general fund; (3) fines, penalties, 
and recoveries from responsible parties; and (4) interest accrued on 
the balance of the fund. The contribution that each of these sources 
has provided to funding the Superfund program has varied over time, 
particularly since the expiration of Superfund's taxes in 1995. Each 
year, the Congress decides how much money to appropriate for EPA's 
Superfund program from the trust fund and provides direction on how the 
funds should be spent. The annual level of appropriations to EPA's 
Superfund program has declined over time. 

Four Major Revenue Sources Support the Superfund Program, the Largest 
of Which Is Now Appropriations from the General Fund: 

Figure 2 shows the contribution of the four principal sources of trust 
fund revenue since the program's inception in fiscal year 1981. 

Figure 2: Major Sources of Revenue for the Superfund Trust Fund, Fiscal 
Years 1981 through 2007 (constant 2007 dollars in millions): 

[See PDF for image] 

This figure is a stacked multiple line graph depicting the following 
data: 

Year: 1981; 
Appropriations from the general fund: $32 million; 
Receipts from dedicated taxes:	$260 million; 
Interest: $19 million; 
Fines, penalties, and recoveries: 0. 

Year: 1982; 
Appropriations from the general fund: $51 million; 
Receipts from dedicated taxes:	$463 million; 
Interest: $129 million; 
Fines, penalties, and recoveries: $4 million. 

Year: 1983; 
Appropriations from the general fund: $73 million; 
Receipts from dedicated taxes:	$419 million; 
Interest: $111 million; 
Fines, penalties, and recoveries: $1 million. 

Year: 1984; 
Appropriations from the general fund: $77 million
Receipts from dedicated taxes:	$458 million; 
Interest: $137 million; 
Fines, penalties, and recoveries: $6 million. 

Year: 1985; 
Appropriations from the general fund: $75 million; 
Receipts from dedicated taxes:	$464 million; 
Interest: $93 million; 
Fines, penalties, and recoveries: $14 million. 

Year: 1986; 
Appropriations from the general fund: $329 million; 
Receipts from dedicated taxes: $25 million; 
Interest: $69 million; 
Fines, penalties, and recoveries: $26 million. 

Year: 1987; 
Appropriations from the general fund: $867 million; 
Receipts from dedicated taxes: $1344 million; 
Interest: $27 million; 
Fines, penalties, and recoveries: $31 million. 

Year: 1988; 
Appropriations from the general fund: $375 million; 
Receipts from dedicated taxes: $1587 million; 
Interest: $97 million; 
Fines, penalties, and recoveries: $87 million. 

Year: 1989; 
Appropriations from the general fund: $227 million; 
Receipts from dedicated taxes: $1774 million; 
Interest: $180 million; 
Fines, penalties, and recoveries: $101 million. 

Year: 1990; 
Appropriations from the general fund: 0; 
Receipts from dedicated taxes:	$1862 million; 
Interest: $219 million; 
Fines, penalties, and recoveries: $153 million. 

Year: 1991; 
Appropriations from the general fund: $1208 million; 
Receipts from dedicated taxes:	$1966 million; 
Interest: $278 million; 
Fines, penalties, and recoveries: $119 million. 

Year: 1992; 
Appropriations from the general fund: $320 million; 
Receipts from dedicated taxes: $1639 million; 
Interest: $258 million; 
Fines, penalties, and recoveries: $254 million. 

Year: 1993; 
Appropriations from the general fund: $335 million; 
Receipts from dedicated taxes: $1947 million; 
Interest: $184 million; 
Fines, penalties, and recoveries: $248 million. 

Year: 1994; 
Appropriations from the general fund: $328 million; 
Receipts from dedicated taxes:	$1912 million; 
Interest: $212 million; 
Fines, penalties, and recoveries: $265 million. 

Year: 1995; 
Appropriations from the general fund: $321 million; 
Receipts from dedicated taxes: $1898 million; 
Interest: $399 million; 
Fines, penalties, and recoveries: $326 million. 

Year: 1996; 
Appropriations from the general fund: $315 million; 
Receipts from dedicated taxes: $801 million; 
Interest: $437 million; 
Fines, penalties, and recoveries: $317 million. 

Year: 1997; 
Appropriations from the general fund: $309 million; 
Receipts from dedicated taxes: $93 million; 
Interest: $411 million; 
Fines, penalties, and recoveries: $391 million. 

Year: 1998; 
Appropriations from the general fund: $307 million; 
Receipts from dedicated taxes: $97 million; 
Interest: $399 million; 
Fines, penalties, and recoveries: $397 million. 

Year: 1999; 
Appropriations from the general fund: $392 million; 
Receipts from dedicated taxes: $25 million; 
Interest: $250 million; 
Fines, penalties, and recoveries: $391 million. 

Year: 2000; 
Appropriations from the general fund: $828 million; 
Receipts from dedicated taxes: $6 million; 
Interest: $267 million; 
Fines, penalties, and recoveries: $275 million. 

Year: 2001; 
Appropriations from the general fund: $732 million; 
Receipts from dedicated taxes: $7 million; 
Interest: $110 million; 
Fines, penalties, and recoveries: $236 million. 

Year: 2002; 
Appropriations from the general fund: $767 million; 
Receipts from dedicated taxes: $8 million; 
Interest: $203 million; 
Fines, penalties, and recoveries: $282 million. 

Year: 2003; 
Appropriations from the general fund: $702 million; 
Receipts from dedicated taxes: 0; 
Interest: $132 million; 
Fines, penalties, and recoveries: $167 million. 

Year: 2004; 
Appropriations from the general fund: $1363 million; 
Receipts from dedicated taxes: $1 million; 
Interest: $41 million; 
Fines, penalties, and recoveries: $83 million. 

Year: 2005; 
Appropriations from the general fund: $1312 million; 
Receipts from dedicated taxes: $4 million; 
Interest: $51 million; 
Fines, penalties, and recoveries: $68 million. 

Year: 2006; 
Appropriations from the general fund: $1213 million; 
Receipts from dedicated taxes: $1 million; 
Interest: $105 million; 
Fines, penalties, and recoveries: $63 million. 

Year: 2007; 
Appropriations from the general fund: $1040 million; 
Receipts from dedicated taxes: $3 million; 
Interest: $138 million; 
Fines, penalties, and recoveries: $235 million. 

Source: GAO analysis of data from the President's Budget Appendices. 

Note: In fiscal year 1981, the trust fund received an appropriation 
from the Pollution Fund. We have included this money under the category 
of appropriations for ease of presentation. We did not include revenue 
from offsetting collections, as these data were only available for 
selected years. 

[End of figure] 

For fiscal years 1981 through 2007, taxes constituted, on average, 
about 45 percent of revenue for the Superfund trust fund, while 
appropriations from the general fund made up about 33 percent. Accrued 
interest and fines, penalties, and recoveries constituted smaller 
portions of trust fund revenue, at about 12 percent and 11 percent, 
respectively.[Footnote 8] 

These overall numbers mask changes over time in the composition of the 
Superfund trust fund. In particular, the expiration of the Superfund 
taxes in 1995 significantly changed the relative contributions of the 
key sources of trust fund revenue. For fiscal years 1981 through 1995, 
Superfund's taxes accounted for approximately 68 percent of trust fund 
revenue. In recent years, however, the trust fund has increasingly 
relied on appropriations from the general fund. From fiscal year 1996 
through 2007, appropriations from the general fund accounted for nearly 
60 percent of trust fund revenue. Table 1 compares trust fund revenue 
from the period before and after the taxes expired. 

Table 1: Trust Fund Revenue in the Periods before and after the 
Superfund Taxes Expired: 

Constant 2007 dollars in millions. 

Revenue source[A]: Receipts from dedicated taxes[B]; 
Fiscal years 1981-1995 (percent of total revenues): $18,018 (67.5%); 
Fiscal years 1996-2007 (percent of total revenues): $936 (6.0%). 

Revenue source[A]: Appropriations from the general fund[C]; 
Fiscal years 1981-1995 (percent of total revenues): $4,616 (17.3); 
Fiscal years 1996-2007 (percent of total revenues): $9,281 (59.2). 

Revenue source[A]: Interest; 
Fiscal years 1981-1995 (percent of total revenues): $2,412 (9.0); 
Fiscal years 1996-2007 (percent of total revenues): $2,543 (16.2). 

Revenue source[A]: Fines, penalties, and recoveries; 
Fiscal years 1981-1995 (percent of total revenues): $1,634 (6.1); 
Fiscal years 1996-2007 (percent of total revenues): $2,906 (18.6). 

Total: 
Fiscal years 1981-1995 (percent of total revenues): $26,680 (100%); 
Fiscal years 1996-2007 (percent of total revenues): $15,667 (100%). 

Source: GAO analysis of data from the President's Budget Appendices. 

Notes: Percents and totals may not add due to rounding. 

[A] We did not include revenue from offsetting collections, as these 
data were only available for selected years. 

[B] The Superfund program continued to collect some taxes after the 
authority expired as a result of adjustments to prior years corporate 
tax returns based on audits conducted by the Internal Revenue Service. 

[C] In fiscal year 1981, the trust fund received an appropriation from 
the Pollution Fund. We have included this money under the category of 
appropriations for ease of presentation. 

[End of table] 

The Superfund Trust Fund Balance Has Decreased Since the Expiration of 
the Taxes: 

The balance of the trust fund has varied over time, largely depending 
on the government's ability to collect taxes to support the Superfund 
program. For example, when the balance of the trust fund fell in the 
mid-1980s, the Superfund Amendments and Reauthorization Act of 1986 
extended the Superfund taxes and provided additional taxing authority. 
In 1995, the authority for the taxes expired, and it has not been 
reinstated. Shortly after the expiration of the taxes, at the start of 
fiscal year 1997, the trust fund balance reached its peak at $4.7 
billion; in 1998, the trust fund balance began decreasing. Figure 3 
shows changes in the balance of the Superfund trust fund for fiscal 
years 1981 through 2007. At the start of fiscal year 2007, the trust 
fund had a balance of $173 million. 

Figure 3: Balance of the Superfund Trust Fund at the Start of Each 
Fiscal Year: 

Constant 2007 dollars in millions. 

[See PDF for image] 

This figure is a vertical bar graph depicting the following data: 

Year: 1981; 
Balance, start of year: 0. 

Year: 1982; 
Balance, start of year: $148.69 million. 

Year: 1983; 
Balance, start of year: $416.7 million. 

Year: 1984; 
Balance, start of year: $614.98 million. 

Year: 1985; 
Balance, start of year: $471 million. 

Year: 1986; 
Balance, start of year: 0. 

Year: 1987; 
Balance, start of year: $14.62 million. 

Year: 1988; 
Balance, start of year: 0. 

Year: 1989; 
Balance, start of year: $362.24 million. 

Year: 1990; 
Balance, start of year: $495.58 million. 

Year: 1991; 
Balance, start of year: $469 million. 

Year: 1992; 
Balance, start of year: $1720.55 million. 

Year: 1993; 
Balance, start of year: $2276.58 million. 

Year: 1994; 
Balance, start of year: $2802.59 million. 

Year: 1995; 
Balance, start of year: $3484.34 million. 

Year: 1996; 
Balance, start of year: $4602.46 million. 

Year: 1997; 
Balance, start of year: $4738.74 million. 

Year: 1998; 
Balance, start of year: $3269.63 million. 

Year: 1999; 
Balance, start of year: $2599.82 million. 

Year: 2000; 
Balance, start of year: $1773.36 million. 

Year: 2001; 
Balance, start of year: $1458.6 million. 

Year: 2002; 
Balance, start of year: $975.29 million. 

Year: 2003; 
Balance, start of year: $626.92 million. 

Year: 2004; 
Balance, start of year: 0. 

Year: 2005; 
Balance, start of year: 0. 

Year: 2006; 
Balance, start of year: $96.9 million. 

Year: 2007; 
Balance, start of year: $173 million. 

Source: GAO analysis of data from the President's Budget Appendices. 

[End of figure] 

The Congress Guides EPA's Use of Its Superfund Appropriation: 

Although the trust fund supports the Superfund program, EPA does not 
have the authority to use the fund without appropriations from the 
Congress. Since fiscal year 1981, the annual appropriation to EPA's 
Superfund program has averaged approximately $1.2 billion in nominal 
dollars.[Footnote 9] In many years, the appropriation constituted only 
a portion of the total dollars available in the trust fund. For 
example, the trust fund had a balance of $3.8 billion at the start of 
fiscal year 1997, and the appropriation to EPA's Superfund program was 
$1.4 billion. In recent years, however, congressional appropriations 
have declined when adjusted for inflation. Figure 4 shows appropriation 
levels in nominal and constant dollars since fiscal year 1981. 

Figure 4: EPA's Superfund Program Appropriation, Fiscal Years 1981 
through 2007: 

[See PDF for image] 

This figure is a stacked vertical bar graph depicting the following 
data: 

Year: 1981; 
Nominal appropriation: $70 million; 
Appropriation in 2007 dollars: $68 million. 

Year: 1982; 
Nominal appropriation: $200 million; 
Appropriation in 2007 dollars: $180 million. 

Year: 1983; 
Nominal appropriation: $219 million; 
Appropriation in 2007 dollars: $179 million. 

Year: 1984; 
Nominal appropriation: $410 million; 
Appropriation in 2007 dollars: $309 million. 

Year: 1985; 
Nominal appropriation: $620 million; 
Appropriation in 2007 dollars: $433 million. 

Year: 1986; 
Nominal appropriation: $900 million; 
Appropriation in 2007 dollars: $594 million. 

Year: 1987; 
Nominal appropriation: $1411 million; 
Appropriation in 2007 dollars: $872 million. 

Year: 1988; 
Nominal appropriation: $1128 million; 
Appropriation in 2007 dollars: $642 million. 

Year: 1989; 
Nominal appropriation: $1410 million; 
Appropriation in 2007 dollars: $710 million. 

Year: 1990; 
Nominal appropriation: $1575 million; 
Appropriation in 2007 dollars: $718 million. 

Year: 1991; 
Nominal appropriation: $1616 million; 
Appropriation in 2007 dollars: $652 million. 

Year: 1992; 
Nominal appropriation: $1600 million; 
Appropriation in 2007 dollars: $590 million. 

Year: 1993; 
Nominal appropriation: $1574 million; 
Appropriation in 2007 dollars: $532 million. 

Year: 1994; 
Nominal appropriation: $1467 million; 
Appropriation in 2007 dollars: $455 million. 

Year: 1995; 
Nominal appropriation: $1435 million; 
Appropriation in 2007 dollars: $406 million. 

Year: 1996; 
Nominal appropriation: $1313 million; 
Appropriation in 2007 dollars: $340 million. 

Year: 1997; 
Nominal appropriation: $1394 million; 
Appropriation in 2007 dollars: $331 million. 

Year: 1998; 
Nominal appropriation: $1500 million; 
Appropriation in 2007 dollars: $334 million. 

Year: 1999; 
Nominal appropriation: $1492 million; 
Appropriation in 2007 dollars: $309 million. 

Year: 2000; 
Nominal appropriation: $1400 million; 
Appropriation in 2007 dollars: $256 million. 

Year: 2001; 
Nominal appropriation: $1273 million; 
Appropriation in 2007 dollars: $198 million; 

Year: 2002; 
Nominal appropriation: $1309 million; 
Appropriation in 2007 dollars: $176 million. 

Year: 2003; 
Nominal appropriation: $1265 million; 
Appropriation in 2007 dollars: $141 million. 

Year: 2004; 
Nominal appropriation: $1258 million; 
Appropriation in 2007 dollars: $105 million. 

Year: 2005; 
Nominal appropriation: $1247 million; 
Appropriation in 2007 dollars: $64 million. 

Year: 2006; 
Nominal appropriation: $1254 million; 
Appropriation in 2007 dollars: $25 million. 

Year: 2007; 
Nominal appropriation: $1252 million; 
Appropriation in 2007 dollars: 0. 

Source: GAO analysis of data from the President's Budget Appendices. 

[End of figure] 

Over time, with congressional approval, the source of funding for some 
activities has shifted from EPA's Superfund program appropriation to 
other funding sources, which affects the comparison of appropriation 
levels in some years. For example, historically, funds for Superfund- 
related activities at the Agency for Toxic Substances and Disease 
Registry and the National Institute of Environmental Health Sciences 
came from EPA's Superfund appropriation. For fiscal year 2000, these 
agencies--which conduct health assessments at hazardous waste sites, 
among other things--received $130 million through EPA's Superfund 
appropriation. For fiscal year 2001, the Congress began providing these 
two agencies with funds for such activities through their own 
appropriations. Similarly, beginning in fiscal year 2003, the Congress 
used a separate EPA appropriation to provide funds for the Brownfields 
program, which supports the redevelopment of sites that are potentially 
contaminated. For fiscal years 1999 through 2002, congressional 
committees recommended that EPA allocate more than $90 million annually 
for the Brownfields program from its Superfund funding. 

While the annual appropriation determines how much of the Superfund 
trust fund EPA can spend each year, the Congress provides direction on 
how EPA should use its appropriation. For example, for fiscal year 
2005, the Congress directed that $13 million be transferred to the 
Inspector General appropriation to fund Superfund-related audits. 
Additionally, $36 million was transferred to the Science and Technology 
appropriation for related research efforts. Congressional committees 
also direct EPA to allocate money from the Superfund appropriation to 
other federal agencies. In many years, committee reports directed funds 
to the Department of Justice to support EPA's enforcement efforts; for 
fiscal year 2005, for example, the reports recommended that EPA 
allocate more than $27 million to the department. At the recommendation 
of congressional committees, EPA also provides support to other 
agencies, including the Department of the Interior, which supports 
EPA's ability to prepare for hazardous waste releases; the National 
Oceanic and Atmospheric Administration, which provides technical 
support for coastal remediation projects; and the United States Coast 
Guard, which directly conducts some removals in coastal areas. 
Congressional committees recommended funding of nearly $11 million from 
the Superfund appropriation for fiscal year 2005 for these and other 
federal agencies' activities. 

Within EPA's Superfund program, the agency also receives direction from 
congressional committees about how to allocate its resources to 
different priorities. From fiscal year 1996 to fiscal year 2006, 
committees directed program appropriations into three broad categories-
-response and cleanup, enforcement, and management and support. 
Starting in 2006, however, the committees began providing direction 
using a total of 39 more narrowly defined categories. For example, 
instead of directing an overall amount for management and support, one 
of the three broader categories, congressional committees now direct 
funds for these activities to 11 of the narrowly defined categories. 

Congressional committees provide much of this direction through reports 
prepared to accompany the appropriations laws. As a matter of law, 
instructions in committee reports and other legislative history about 
how funds should be spent do not impose any legal requirements on 
federal agencies. However, as the Supreme Court has pointed out in the 
past, agency decisions to ignore congressional expectations may expose 
them to grave political consequences.[Footnote 10] As a matter of 
policy, EPA generally abides by the language in reports that accompany 
appropriations laws. 

Enforcement and Administration Costs as a Percent of Superfund 
Expenditures Increased from Fiscal Year 1999 through Fiscal Year 2007: 

For fiscal years 1999 through 2007, remedial and removal activities 
constituted the majority of EPA's Superfund expenditures. EPA spent 
most of the remaining Superfund expenditures on enforcement and 
administration. Enforcement activities provide monetary and other 
benefits to the Superfund program. Superfund program administration 
costs, which consist of expenditures by several agency support offices, 
are primarily used for facilities, operations, and security and 
accounted for approximately 9 percent of costs throughout the period. 
These activities include, for example, operating the agency's financial 
management system, which provides important benefits to the Superfund 
program. However, the classification of costs as administration-related 
has varied. 

EPA Uses the Majority of Superfund Expenditures for Remedial and 
Removal Activities, but Total Expenditures Declined Nearly 30 Percent: 

For fiscal years 1999 through 2007, EPA used approximately 77 percent 
of its Superfund expenditures for site cleanup activities, namely 
remedial and removal actions; most of the remainder was spent for 
enforcement and administration-related activities.[Footnote 11] Over 
the period, the overall level of Superfund expenditures fell from $1.8 
billion to $1.3 billion, or approximately 29 percent. Expenditures on 
the remedial program account for the majority of this decline (see fig. 
5). However, expenditures for removals and nonsite cleanup activities 
also declined during this period. 

Figure 5: EPA Superfund Expenditures, Fiscal Years 1999 through 2007 
(Constant 2007 dollars in millions): 

[See PDF for image] 

This figure is a stacked line graph depicting the following data: 

Year: 1999; 
Remedial: $1119 million; 
Removal: $285 million; 
Activities other than site cleanup: $387 million. 

Year: 2000; 
Remedial: $1086 million; 
Removal: $268 million; 
Activities other than site cleanup: $363 million. 

Year: 2001; 
Remedial: $973 million; 
Removal: $240 million; 
Activities other than site cleanup: $345 million. 

Year: 2002; 
Remedial: $853 million; 
Removal: $247 million; 
Activities other than site cleanup: $347 million. 

Year: 2003; 
Remedial: $874 million; 
Removal: $248 million; 
Activities other than site cleanup: $346 million. 

Year: 2004; 
Remedial: $838 million; 
Removal: $275 million; 
Activities other than site cleanup: $350 million. 

Year: 2005; 
Remedial: $750 million; 
Removal: $259 million; 
Activities other than site cleanup: $339 million. 

Year: 2006; 
Remedial: $722 million; 
Removal: $215 million; 
Activities other than site cleanup: $321 million. 

Year: 2007; 
Remedial: $707 million; 
Removal: $250 million; 
Activities other than site cleanup: $319 million. 

Source: GAO analysis of EPA data. 

Note: These data exclude reimbursable expenditures and other 
expenditures related to the Brownfields program, transfers to other EPA 
appropriations, and the 2002 Homeland Security Supplemental 
appropriation. Other Superfund expenditures related to homeland 
security are included in various categories. The level of expenditures 
in each category--but not the total--could vary based on whether 
certain costs are classified as administration-related. 

[End of figure] 

EPA funds a variety of activities under the remedial category, 
including: 

* collecting and analyzing site data to determine the potential effects 
of contaminants on human health and the environment, 

* conducting or overseeing investigations to select appropriate 
remedies, 

* constructing or overseeing the construction of remedies, and: 

* ensuring long-term protectiveness by overseeing maintenance 
activities and conducting 5-year reviews of sites. 

Similarly, EPA funds many activities related to removal actions, 
including: 

* assessing the threats of hazardous waste releases to determine 
whether removal actions are necessary; 

* responding to the release of hazardous waste at sites that pose an 
immediate threat to public health or the environment; 

* developing and maintaining the infrastructure necessary to respond 
effectively to releases, whether they are accidental, intentional, or a 
result of a natural disaster; and: 

* coordinating with the Department of Homeland Security and other 
federal agencies during natural disasters and other major environmental 
incidents. 

Superfund Enforcement Expenditures Support a Variety of Activities That 
EPA Data Indicate Have Provided Almost $30 Billion in Value to the 
Program: 

In fiscal year 2007, Superfund enforcement expenditures totaled 
approximately $187 million, which represents a decrease of more than 23 
percent from fiscal year 1999. However, the proportion of total program 
expenditures going to enforcement has remained relatively consistent, 
at around 14 percent, because overall program funding also decreased 
during this period. EPA's enforcement expenditures--which accounted for 
the majority of expenditures not related to site cleanup--fund four 
major categories of activities: (1) identifying responsible parties, 
(2) negotiating with these parties, (3) litigating against some 
parties, and (4) supporting EPA's enforcement work.[Footnote 12] Within 
these categories, EPA uses action codes to identify the specific type 
of activity funded by each expenditure. EPA also provides funding to 
the Department of Justice for assistance with enforcement work. See 
figure 6 for an analysis of enforcement expenditures over time. 

Figure 6: Superfund Enforcement Expenditures, Fiscal Years 1999 through 
2007 (Constant 2007 dollars in millions): 

[See PDF for image] 

This figure is a stacked line graph depicting the following data: 

Year: 1999; 
Identification of responsible parties:	$15 million; 
Negotiation: $5 million; 
Litigation: $50 million; 
Enforcement Support: $143 million; 
Other: $26 million;. 

Year: 2000; 
Identification of responsible parties:	$28 million; 
Negotiation: $5 million; 
Litigation: $11 million; 
Enforcement Support: $167 million; 
Other: $9 million. 

Year: 2001; 
Identification of responsible parties:	$25 million; 
Negotiation: $5 million; 
Litigation: $46 million; 
Enforcement Support: $113 million; 
Other: $6 million. 

Year: 2002; 
Identification of responsible parties:	$29 million; 
Negotiation: $5 million; 
Litigation: $32 million; 
Enforcement Support: $121 million; 
Other: $11 million. 

Year: 2003; 
Identification of responsible parties:	$23 million; 
Negotiation: $5 million; 
Litigation: $19 million; 
Enforcement Support: $134 million; 
Other: $15 million. 

Year: 2004; 
Identification of responsible parties:	$22 million; 
Negotiation: $5 million; 
Litigation: $26 million; 
Enforcement Support: $134 million; 
Other: $11 million. 

Year: 2005; 
Identification of responsible parties:	$20 million; 
Negotiation: $5 million; 
Litigation: $16 million; 
Enforcement Support: $142 million; 
Other: $8 million. 

Year: 2006; 
Identification of responsible parties: $15 million; 
Negotiation: $5 million; 
Litigation: $9 million; 
Enforcement Support: $137 million; 
Other: $13 million. 

Year: 2007; 
Identification of responsible parties:	$16 million; 
Negotiation: $4 million; 
Litigation: $25 million; 
Enforcement Support: $126 million; 
Other: $9 million. 

Source: GAO analysis of EPA data. 

[End of figure] 

In fiscal year 1999, costs related to identifying responsible parties 
were $15 million, or 6 percent of total enforcement expenditures. In 
fiscal year 2007, these costs increased slightly to $16 million, 
representing 9 percent of enforcement expenditures. However, the costs 
of these activities peaked at $29 million in fiscal year 2002, 
constituting nearly 15 percent of expenditures. EPA conducts the 
activities in this category to develop an enforcement case; specific 
activities include interviewing responsible parties, as well as 
preparing and reviewing relevant documents. Other components of this 
category include maintenance of enforcement and administrative records, 
which are necessary to the enforcement process, and laboratory 
analyses, which primarily supports analyses done to link a responsible 
party to a site contaminant. 

The costs of negotiating with responsible parties were relatively 
stable during this period--$5 million in fiscal year 1999 and just over 
$4 million in fiscal year 2007. Moreover, negotiation costs were 
consistently about 2 percent of enforcement expenditures. Most 
expenditures in this category are classified under a generic 
negotiation category, though some expenditures are characterized by a 
specific type of negotiation.[Footnote 13] 

As figure 7 shows, expenditures related to litigation and enforcement 
support varied during this period. 

Figure 7: EPA Expenditures for Litigation and Enforcement Support 
Activities, Fiscal Years 1999 to 2007 (Constant 2007 dollars in 
millions): 

[See PDF for image] 

This figure is a multiple line graph depicting the following data: 

Year: 1999; 
Enforcement Support: $143 million; 
Litigation: $50 million. 

Year: 2000; 
Enforcement Support: $167 million; 
Litigation: $11 million. 

Year: 2001; 
Enforcement Support: $113 million; 
Litigation: $46 million. 

Year: 2002; 
Enforcement Support: $121 million; 
Litigation: $32 million. 

Year: 2003; 
Enforcement Support: $134 million; 
Litigation: $19 million. 

Year: 2004; 
Enforcement Support: $134 million; 
Litigation: $26 million. 

Year: 2005; 
Enforcement Support: $142 million; 
Litigation: $16 million. 

Year: 2006; 
Enforcement Support: $137 million; 
Litigation: $9 million. 

Year: 2007; 
Enforcement Support: $125 million; 
Litigation: $25 million. 

Source: GAO analysis of EPA data. 

[End of figure] 

Litigation expenditures were just over $50 million in fiscal year 1999 
and fell to $25 million in fiscal year 2007. However, the proportion of 
enforcement expenditures categorized as litigation ranged from a low of 
5 percent in fiscal year 2000 to a high of 23 percent in fiscal year 
2001. Litigation expenditures are largely site-specific and can vary 
depending on the particular site litigation activities. Moreover, a 
small number of sites can raise the overall level of spending on 
litigation. Specific litigation activities include establishing EPA's 
Superfund claims when a responsible party files for bankruptcy, filing 
a judicial action charging criminal violation of CERCLA, preparing a 
case for referral to the Department of Justice, and assisting the 
department in pursuing cases against responsible parties.[Footnote 14] 

Enforcement support activities constituted the majority of enforcement 
expenditures. As the figure shows, in fiscal year 1999, expenditures on 
enforcement support were $143 million, which was 49 percent of 
enforcement expenditures; in fiscal year 2007, although expenditures 
fell slightly to $125 million, these activities constituted 64 percent 
of enforcement expenditures. However, as with litigation expenditures, 
the level of spending on enforcement support activities varied during 
this period. According to EPA data, nearly 60 percent of all 
enforcement expenditures were classified using the action code "general 
enforcement," one of the main components of this category. These costs 
were $117 million in fiscal year 1999 and $114 million in fiscal year 
2007, although they ranged from a low of $95 million in fiscal year 
2001 to a high of $142 million in fiscal year 2000. EPA defines general 
enforcement activities as supporting the management and evaluation of 
the Superfund program. Other activities in the enforcement support 
category include reviewing program and technical site documents, 
preparing and reviewing administrative records, attending public 
meetings concerning a site, and maintaining enforcement databases. 

Our analysis of EPA data showed that the agency's enforcement 
expenditures at NPL sites alone have returned benefits valued at an 
estimated $29.9 billion to the Superfund program through fiscal year 
2007.[Footnote 15] EPA takes enforcement actions at other hazardous 
waste sites not on the NPL; however, we limited our analysis to the 
results of EPA's enforcement actions at proposed, final, and deleted 
sites. According to EPA officials, the agency's enforcement priority is 
for parties to accept responsibility for cleanup actions; a substantial 
majority (over 75 percent) of the total monetary value of enforcement 
activities at NPL sites represents EPA's estimated value of commitments 
by responsible parties to conduct work at sites.[Footnote 16] Other 
monetary outcomes of EPA's Superfund enforcement activities include the 
recovery of costs EPA previously spent at sites, payment for future 
site costs, and penalties assessed to responsible parties. Table 2 
shows the results of EPA's enforcement activities for fiscal years 1979 
through 2007. 

Table 2: Estimated Value of Superfund Enforcement Activities at NPL 
Sites, Fiscal Years 1979 through 2007: 

Constant 2007 dollars in millions. 

Type of value: Past costs recovered; 
Amount: $5,104.5. 

Type of value: Future costs obtained; 
Amount: $2,222.9. 

Type of value: Estimated value of responsible party work commitments; 
Amount: $22,525.6. 

Type of value: Penalties assessed; 
Amount: $50.7. 

Type of value: Total; 
Amount: $29,903.7. 

Source: GAO analysis of EPA data. 

Note: According to EPA, past costs recovered and future costs obtained 
include both federal and state costs. Penalties include both statutory 
and stipulated penalties. We did not evaluate the accuracy of these 
estimates. Enforcement activity outcome values were adjusted to 
constant 2007 dollars based on the completion date of the activity 
outcome, not the date the amount was paid or the work conducted. 

[End of table] 

According to OSWER and OECA officials, EPA typically takes multiple 
enforcement actions that result in settling responsibility with parties 
for the costs of work at a Superfund site. The officials said that EPA 
often pursues responsible parties for the costs (or work) related to 
investigating the site and studying the feasibility of various remedial 
alternatives first. EPA then pursues responsible parties for the costs 
(or work) related to designing and implementing the remedial action at 
a later date. Moreover, the officials said that EPA's enforcement 
actions may result in separate agreements with different parties 
concerning their responsibility for the costs of cleaning up a site. 

For fiscal years 1999 through 2007, EPA's total enforcement 
expenditures have averaged about $199.2 million each year. Over this 
same period, EPA's recoveries of costs previously spent by the agency 
at NPL sites--as well as payments by parties to fund future site costs-
-averaged $302.5 million annually, with a high of $568.5 million in 
fiscal year 1999 and a low of $161.3 million in fiscal year 2006. These 
amounts represent (1) recoveries of money which help replenish the 
trust fund and (2) payments for future site costs that may allow EPA to 
use its appropriation for work at other sites. EPA's return on its 
enforcement expenditures is greater when considering the value of work 
commitments. Including the commitments of responsible parties and other 
returns on enforcement activities, such as penalties, the estimated 
value of all EPA enforcement outcomes at NPL sites averaged just over 
$1 billion per year for fiscal years 1979 through 2007. However, as 
figure 8 shows, the return has varied from year to year, with a high of 
over $2.6 billion in fiscal year 1992 and a low of $0 in fiscal year 
1980. 

Figure 8: Estimated Value of Enforcement Outcomes at NPL Sites, 
Including Commitments from Responsible Parties, Cost Recoveries, 
Payment for Future Site Costs, and Penalties, Fiscal Years 1979 through 
2007: 

[See PDF for image] 

This figure is a line graph depicting the following data: 

Year: 1979; 
Total: $0.01 million. 

Year: 1980; 
Total: 0. 

Year: 1981; 
Total: $119.72 million. 

Year: 1982; 
Total: $34.65 million. 

Year: 1983; 
Total: $185.75 million. 

Year: 1984; 
Total: $271.67 million. 

Year: 1985; 
Total: $291.21 million. 

Year: 1986; 
Total: $1112.17 million. 

Year: 1987; 
Total: $396.16 million. 

Year: 1988; 
Total: $784.77 million. 

Year: 1989; 
Total: $1439.76 million. 

Year: 1990; 
Total: $1674.63 million. 

Year: 1991; 
Total: $2456.99 million. 

Year: 1992; 
Total: $2620.04 million. 

Year: 1993; 
Total: $2097.87 million. 

Year: 1994; 
Total: $1706.51 million. 

Year: 1995; 
Total: $1637.65 million. 

Year: 1996; 
Total: $1319.57 million. 

Year: 1997; 
Total: $1184.99 million. 

Year: 1998; 
Total: $1285.71 million. 

Year: 1999; 
Total: $1045.46 million. 

Year: 2000; 
Total: $987.08 million. 

Year: 2001; 
Total: $2524.36 million. 

Year: 2002; 
Total: $1251.21 million. 

Year: 2003; 
Total: $801.1 million. 

Year: 2004; 
Total: $620.76 million. 

Year: 2005; 
Total: $787.6 million. 

Year: 2006; 
Total: $542.29 million. 

Year: 2007; 
Total: $723.99 million. 

Source: GAO analysis of EPA data. 

Note: We did not evaluate the accuracy of these estimates. Enforcement 
activity outcome values were adjusted to constant 2007 dollars based on 
the completion date of the activity outcome, not the date the amount 
was paid or the work conducted. 

[End of figure] 

Owing to the nature of the enforcement process, enforcement 
expenditures in any particular year do not necessarily relate to 
enforcement outcomes in that year because some enforcement actions take 
years to resolve. For example, in March 2008, EPA and the Department of 
Justice reached a $250 million settlement with a responsible party at 
one Superfund site that included reimbursement of federal costs for 
investigation and cleanup of the site, as well as future cleanup costs. 
Although this enforcement outcome will be recorded in fiscal year 2008, 
it was the result of actions over a number of years; the Department of 
Justice initially filed suit against the responsible party in March 
2001. 

Total estimated enforcement values at individual sites with at least 
one monetary outcome ranged from a low of $2 at one site to a high of 
over $1 billion at another, with an average of almost $26 million per 
site. Table 3 provides a more detailed analysis of the total estimated 
enforcement values achieved at sites for fiscal years 1979 through 
2007. 

Table 3: Estimated Value of Superfund Enforcement Activities at NPL 
Sites for Fiscal Years 1979 through 2007 (Constant 2007 dollars in 
millions): 

Estimated value of enforcement activities at sites: Less than $100,000; 
Number of sites (percent of total): 28 (2.5%); 
Total enforcement value (percent of total): $0.9 (0.0%). 

Estimated value of enforcement activities at sites: $100,000 to 
$999,999; 
Number of sites (percent of total): 159 (13.9); 
Total enforcement value (percent of total): $72.8 (0.2). 

Estimated value of enforcement activities at sites: $1,000,000 to 
$9,999,999; 
Number of sites (percent of total): 431 (37.8); 
Total enforcement value (percent of total): $1,971.3 (6.6). 

Estimated value of enforcement activities at sites: $10,000,000 to 
$99,999,999; 
Number of sites (percent of total): 472 (41.4); 
Total enforcement value (percent of total): $15,151.6 (50.7). 

Estimated value of enforcement activities at sites: $100,000,000 and 
over; 
Number of sites (percent of total): 51 (4.5); 
Total enforcement value (percent of total): $12,707.1 (42.5). 

Estimated value of enforcement activities at sites: Total; 
Number of sites (percent of total): 1,141 (100%); 
Total enforcement value (percent of total): $29,903.7 (100%). 

Source: GAO analysis of EPA data. 

Note: We did not evaluate the accuracy of these estimates. Enforcement 
activity outcome values were adjusted to constant 2007 dollars based on 
the completion date of the activity outcome, not the date the amount 
was paid or the work conducted. Percents may not to 100 add due to 
rounding. 

[End of table] 

While the vast majority of sites for which EPA provided enforcement 
outcome data (1,141 out of 1,160) had at least one monetary outcome, 
EPA took enforcement actions at 243 NPL sites that did not result in a 
monetary outcome. Nevertheless, nonfinancial outcomes are important for 
the Superfund program. For example, in some cases EPA has to undertake 
an enforcement action in order to gain access to a site (or to gain 
access for responsible parties conducting work at sites). In such 
instances, EPA's enforcement activities play an important role in 
allowing the cleanup to continue. 

Facilities, Operations, and Security Expenditures Constitute Half of 
All Administration Costs, but the Classification of These Costs Varies: 

According to EPA data, from fiscal year 1999 through fiscal year 2007, 
administration expenditures decreased by 7 percent, from $143 million 
to approximately $132 million. The agency used half of these 
expenditures to pay for rent, utilities, security, and related expenses 
that are attributed to the Superfund program, including expenditures at 
EPA's headquarters and regional offices. However, because overall 
Superfund expenditures decreased at a greater rate during this period, 
EPA's administration costs constituted a greater share of total 
Superfund expenditures by fiscal year 2007--from 8 percent to more than 
10 percent. EPA officials pointed out that many costs related to 
administration, such as rent, are somewhat fixed and not necessarily 
related to changes in the level of expenditures on cleanup activities 
in the short term. Therefore, these administration costs may not change 
as quickly as other expenditures. 

Although we did not collect detailed data for this entire period, table 
4 provides additional information on the types of expenses and 
activities funded by EPA's administration expenditures during fiscal 
year 2007. 

Table 4: EPA Superfund Expenditures for Administration Activities in 
Fiscal Year 2007 (Dollars in millions): 

Program/selected activities: Facilities, operations, and security--
paying for rent, utilities, and security; ensuring property management; 
providing mail and transportation services; and supplying occupational 
health benefits; 
Expenditure: $65.41. 

Program/selected activities: Planning, budgeting, and finance--managing 
the budget process, including formation and execution; and billing 
responsible parties for EPA oversight work; 
Expenditure: $21.03. 

Program/selected activities: Acquisition management--managing 
contracts; and fostering relationships with state and local 
governments; 
Expenditure: $18.52. 

Program/selected activities: Information technology infrastructure and 
data management--providing agency information technology 
infrastructure; supporting the collection, management, and analysis of 
EPA data; protecting confidentiality, availability, and integrity of 
EPA data; and ensuring the security of classified information; 
Expenditure: $16.53. 

Program/selected activities: Human resources management--providing 
training; managing workforce and succession planning; and participating 
in interagency councils and improvement initiatives; 
Expenditure: $5.19. 

Program/selected activities: Grants and interagency agreement 
management--ensuring grants produce measurable environmental results; 
and meeting fiduciary standards for grants and interagency agreements; 
Expenditure: $2.69. 

Program/selected activities: Alternative dispute resolution & legal 
advice--supporting the use of alternative dispute resolution in 
negotiations with responsible parties; and providing legal advice 
during negotiations with responsible parties and other entities; 
Expenditure: $1.40. 

Program/selected activities: Information exchange--maintaining 
intergovernmental network of environmental data; and issuing monthly 
enforcement alerts; 
Expenditure: $1.37. 

Source: GAO analysis of EPA data. 

[End of table] 

EPA officials told us that the administration expenditures in table 4 
represent the activities of the agency's support offices. These four 
offices and their primary responsibilities include the following: 

* Office of Administration and Resources Management--human resource 
management, facilities management, and contracts and grants management. 

* Office of the Chief Financial Officer--annual budget process, 
performance management, strategic planning, and financial payment and 
support services. 

* Office of Environmental Information--collection and management of 
agency environmental data, including ensuring the accuracy and 
reliability of such data and developing tools to access and analyze 
these data. 

* Office of General Counsel--legal support for agency rules, policies, 
and litigation undertaken with Department of Justice attorneys. 

In addition to providing funding for the offices and lab spaces where 
EPA conducts work, EPA's administration support activities provide a 
variety of benefits to the Superfund program. For example, the 
Superfund program relies upon the contract management activities of the 
Office of Administration and Resources Management, because contractors 
conduct many Superfund activities, including searching for responsible 
parties and cleaning up hazardous waste sites. Attorneys in EPA's 
Office of General Counsel provide legal advice and counsel program 
staff on federal laws, as well as executive orders, regulations, 
policies, guidelines, case decisions, state laws, and local ordinances 
that may affect the program or specific hazardous waste sites. 
Additionally, the Office of the Chief Financial Officer operates the 
agency's financial management system, which processes and documents 
Superfund program expenditures. The accuracy of this documentation is 
crucial for Superfund cost recovery claims; according to EPA data, this 
work allowed the agency to recover costs of over $190 million in fiscal 
year 2007. 

In the past, we, EPA, the agency's Inspector General, and others have 
published different amounts of spending on administration activities 
for fiscal years 1999 through 2003. For example, in 2003, we reported 
that EPA used 22 percent of its Superfund expenditures, or $334 
million, in fiscal year 2002 for "management and administration," which 
included nonsite-specific costs, such as program management and 
budgeting, policy development and implementation, emergency 
preparedness activity, contract and information management, training, 
and general support.[Footnote 17] Table 5 presents the data EPA 
provided to us for administration costs and the amounts reported 
previously. 

Table 5: Comparison of Published Data on EPA Administration 
Expenditures (Constant 2007 dollars in millions): 

Fiscal year: 1999; 
GAO, 2008 (percent of total Superfund expenditures): $143 (8%); 
EPA Inspector General, 2006[A]; (percent of total Superfund 
expenditures): $438 (23%); 
National Advisory Council for Environmental Policy and Technology, 
2004[B] (percent of total Superfund expenditures): $417 (25%); 
GAO, 2003[C] (percent of total Superfund expenditures): [Empty]; 
Resources for the Future, 2001[D] (percent of total Superfund 
expenditures): $652 (35%). 

Fiscal year: 2000; 
GAO, 2008 (percent of total Superfund expenditures): $132 (8); 
EPA Inspector General, 2006[A]; (percent of total Superfund 
expenditures): $439 (23); 
National Advisory Council for Environmental Policy and Technology, 
2004[B] (percent of total Superfund expenditures): [Empty]; 
GAO, 2003[C] (percent of total Superfund expenditures): [Empty]; 
Resources for the Future, 2001[D] (percent of total Superfund 
expenditures): [Empty]. 

Fiscal year: 2001; 
GAO, 2008 (percent of total Superfund expenditures): $138 (9); 
EPA Inspector General, 2006[A]; (percent of total Superfund 
expenditures): $436 (25); 
National Advisory Council for Environmental Policy and Technology, 
2004[B] (percent of total Superfund expenditures): [Empty]; 
GAO, 2003[C] (percent of total Superfund expenditures): [Empty]; 
Resources for the Future, 2001[D] (percent of total Superfund 
expenditures): [Empty]. 

Fiscal year: 2002; 
GAO, 2008 (percent of total Superfund expenditures): $135 (9); 
EPA Inspector General, 2006[A]; (percent of total Superfund 
expenditures): $441 (26); 
National Advisory Council for Environmental Policy and Technology, 
2004[B] (percent of total Superfund expenditures): [Empty]; 
GAO, 2003[C] (percent of total Superfund expenditures): $334 (22%); 
Resources for the Future, 2001[D] (percent of total Superfund 
expenditures): [Empty]. 

Fiscal year: 2003; 
GAO, 2008 (percent of total Superfund expenditures): $135 (9); 
EPA Inspector General, 2006[A]; (percent of total Superfund 
expenditures): $492 (28); 
National Advisory Council for Environmental Policy and Technology, 
2004[B] (percent of total Superfund expenditures): $497 (35); 
GAO, 2003[C] (percent of total Superfund expenditures): [Empty]; 
Resources for the Future, 2001[D] (percent of total Superfund 
expenditures): [Empty]. 

Sources: GAO analysis of EPA, National Advisory Council for 
Environmental Policy and Technology, and Resources for the Future data. 

Notes: We provided the data that were available in each report. 
Although the National Advisory Council for Environmental Policy and 
Technology report showed a figure for the years between fiscal year 
1999 and fiscal year 2003, the report only provided exact amounts, 
which are necessary to make comparisons, for the beginning and end of 
the period. 

[A] EPA, Office of Inspector General, EPA Can Better Manage Superfund 
Resources, 2006-P-00013 (Washington, D.C.: Feb. 28, 2006). 

[B] National Advisory Council for Environmental Policy and Technology, 
Final Report, (Washington, D.C.: Apr. 12, 2004). 

[C] GAO-03-850. 

[D] Resources for the Future, Superfund's Future: What Will it Cost?, 
(Washington, D.C.: 2001). 

[End of table] 

These reports used varying methodologies to obtain and analyze EPA's 
expenditure data. 

For this report, EPA provided us with data in four broad categories: 
remedial, removal, enforcement, and administration. As mentioned, to 
illustrate administration expenditures, EPA officials included all 
Superfund-related costs of the agency's support offices. Officials also 
explained that their goal in categorizing administration expenditures 
was to be consistent with how funds were appropriated to EPA. 

* In the Inspector General's 2006 report, officials obtained data from 
EPA and used the agency's official definition of administrative and 
programmatic costs to categorize these data.[Footnote 18] 

* The National Advisory Council for Environmental Policy and 
Technology's information comes directly from EPA data provided to the 
council, which identified programmatic and administrative funds. 

* In our 2003 report, we also relied on EPA to determine what 
activities it considered to be administrative. 

* Resources for the Future conducted its own analyses of EPA 
expenditure data to identify expenditures related to program support 
and administration. Unlike the other publications, this report used its 
own definition of administration costs. 

Underlying the differences in the data presented in these reports, one 
of the more important differences was variation in the categorization 
of agency payroll costs. The only payroll costs that were categorized 
as administration in this study were those associated with the agency's 
support offices. In general, EPA categorized payroll costs according to 
the activities with which these costs were associated. For example, EPA 
categorized all OECA payroll costs as enforcement-related expenditures. 
In contrast, some previous reports included all Superfund program 
payroll costs in the administration category. Several reports cited 
concerns with this approach, however. In the Inspector General's 
report, for example, OSWER officials disputed the agency's official 
definition of administration costs (which includes all payroll costs), 
maintaining that some payroll costs should be categorized as 
programmatic, such as when staff are performing site-specific cleanup 
activities. The National Advisory Council for Environmental Policy and 
Technology also noted that, by including all payroll costs in the 
definition of administration costs, most enforcement costs were 
categorized as administrative. Other reports, such as our 2003 report 
and the Resources for the Future report, included some payroll costs in 
the administration category and others in programmatic categories. EPA 
officials told us that different definitions of administration costs 
may be necessary for different analyses, such as developing EPA's 
budget or calculating indirect costs, which--along with site-specific 
costs--can be recovered from responsible parties. 

By removing all OSWER and OECA payroll costs from the administration 
category, EPA may have addressed the concerns raised by OSWER and the 
National Advisory Council for Environmental Policy and Technology. 
However, the new data may understate administration expenditures 
because they do not include OSWER and OECA payroll costs that are 
administrative in nature. Program management and administration 
activities are carried out in each headquarters office as well as each 
region. For example, Resources for the Future identified several 
categories of activities that OSWER and OECA conduct that the report 
included as administration costs: (1) planning, budgeting, and other 
analyses carried out by OSWER officials; (2) enforcement planning 
activities and public outreach and communication efforts conducted by 
OECA officials; and (3) laboratory analyses supporting enforcement 
investigations undertaken by the National Enforcement Investigations 
Center. 

In addition to differences in the definition of administration costs, 
the level of these costs may be misstated--EPA's Inspector General and 
the agency itself identified concerns with Superfund administration 
costs. The Inspector General found that EPA had not included all agency 
funds that subsidize Superfund activities in its accounting system. 
Each year, the Superfund program--and other programs across the agency-
-receive support from the Environmental Programs and Management 
appropriation for a wide range of EPA costs, including those that 
cannot be attributed to a specific program.[Footnote 19] These costs 
support, among other things, personnel compensation and benefits, 
travel, procurement, and contract activities. EPA financial statements 
for fiscal years 1998 through 2006--the years for which data are 
available--show that the Superfund program received, on average, $74 
million in services funded by the Environmental Programs and Management 
appropriation.[Footnote 20] 

EPA and the Inspector General also noted that the allocation of support 
costs to agency programs is based on outdated workforce plans. 
According to EPA, the agency's workforce model has not been updated 
since the early 1990s, despite many significant changes to the 
Superfund program in the intervening years, including increased 
homeland security duties and evolving responsibilities as NPL sites 
progress through the cleanup process. Because EPA allocates some 
support costs on the basis of the number of staff working in a program 
area, an outdated workforce plan could have implications for the level 
of support costs charged to the Superfund program. EPA's Inspector 
General found that 9 of 10 regions redirect some portion of their 
Superfund personnel to other regional activities, such as community 
involvement, public affairs, or the Regional Administrator's office. 
[Footnote 21] 

EPA and its Inspector General made several recommendations regarding 
the classification of EPA's administration costs and other related 
issues. Some of these recommendations, along with EPA's response, are 
provided in table 6. 

Table 6: Selected Recommendations on Administration Costs and EPA's 
Response: 

EPA, Superfund: Building on the Past, Looking to the Future (2004): 

Report and recommendations: 
Collect data each year on the amount of funds spent on cleanup or on 
those activities that are necessary to get to the cleanup phase and 
communicate those costs more effectively; 
EPA's response[A]: 
EPA planned no additional action to address this recommendation because 
this is an ongoing effort and the information would be reported out on 
a regular basis. 

Report and recommendations: 
Identify ways to simplify the internal budget structure to reduce the 
costs of moving money around the agency; 
EPA's response[A]: 
EPA took no action on this recommendation because it did not believe 
the current budget structure constrained the efficient use of 
resources. 

Report and recommendations: 
Evaluate the number of staff doing Superfund work at headquarters and 
make every effort to redirect resources to activities that more 
directly contribute to site cleanup; 
EPA's response[A]: 
EPA indicated that its workforce analysis would guide future allocation 
of resources. 

Report and recommendations: 
Consider transferring some or all of Superfund management and support 
costs to the Environmental Programs and Management appropriation[B]; 
EPA's response[A]: 
EPA took no action because it determined the option was not feasible. 

EPA Inspector General, EPA Can Better Manage Superfund Resources 
(2006): 

Report and recommendations: 
Define costs in a manner that supports management decision making; 
EPA's response[A]: 
EPA is reviewing the applicability of its current definition of 
administration costs and may explore alternative approaches. 

Report and recommendations: 
Conduct a workforce assessment or develop a workload model; 
EPA's response[A]: 
EPA is conducting a workforce assessment. The current milestone date 
for completion of this project is July 30, 2008. 

Report and recommendations: 
Declare the accounting for administration and support activities and 
the lack of a current workload model as internal control weaknesses; 
EPA's response[A]: 
Office of Inspector General officials told us they closed this 
recommendation because EPA planned to address other recommendations. 

Source: EPA. 

[A] EPA responses to these recommendations were provided in EPA, The 
120-Day Study: Action Plan, (Washington, D.C.: February 2005) and EPA 
Office of Inspector General, Congressionally Requested Report on Office 
of Inspector General Unimplemented Recommendations (Revised), 08-P- 
0123 (Washington, D.C.: Mar. 31, 2008), as well as our interviews with 
Inspector General officials. 

[B] This suggestion was listed as an option for EPA, rather than a 
recommendation. 

[End of table] 

Agency Comments and Our Evaluation: 

We provided EPA with a draft of this report for its review and comment. 
The full text of EPA's comments is included in enclosure II. The agency 
stated that it generally agreed with the report's descriptions of 
funding sources that support the Superfund trust fund, and that the 
report provided a sound historical representation of trust fund 
balances and revenue, as well as an accurate description of the 
programs it supports. EPA also provided suggestions on three specific 
sections of our report; our evaluation of their comments is described 
below. 

EPA requested that we clarify our description of the relationship 
between the balance of the trust fund and the funding available to the 
agency. Although we believe that we accurately portrayed this 
relationship--including specifically pointing out that EPA can only 
spend what has been appropriated by the Congress--we revised our report 
to more clearly reflect the nature of the relationship between the 
trust fund and annual appropriations. 

The agency also commented that our description of expenditures, while 
factually accurate, was unclear due to our use of both nominal and 
constant dollars, and the fact that we presented an analysis of 
enforcement and administration expenditures in the same section of the 
report. With regard to our use of nominal and constant dollars, we 
noted in the report that we present all dollars in constant 2007 
dollars, except when we refer to dollars in appropriations documents; 
for those dollar figures, we use nominal dollars, in accordance with 
our policy to report the amounts that were enacted at the time, 
presented in budget documents, or both. Regarding our presentation of 
EPA expenditures, we provided information on all EPA Superfund 
expenditures as well as detailed descriptions of enforcement and 
administration expenditures at the request of the Congress. Although we 
provided data on enforcement and administration in the same section, 
the focus of the section was not a comparison between these two 
categories, but rather a comprehensive description of each. 

Finally, EPA stated that the agency's definition of administration 
costs was developed at the request of and was approved by the Congress. 
We acknowledge in the report that EPA has an official definition of 
administration costs. However, EPA has not consistently used this 
definition and officials told us they are evaluating whether to revise 
the agency's official definition. Furthermore, we and others identified 
additional issues potentially impacting the accuracy and consistency of 
analyses of EPA's administration costs. As a result of these issues, 
published data on administration costs are often not comparable. As EPA 
points out, different studies may have different perspectives on the 
kinds of costs that should be considered administration-related. 
Nevertheless, we believed that it was important to explain why the 
numbers presented in this report vary from those presented in other 
recent reports. 

EPA also provided technical comments, which we have incorporated into 
this report as appropriate. 

We also provided the Department of Justice with a draft of this report 
for review and comment; they did not comment on the draft report but 
provided one technical clarification, which we incorporated into the 
report. 

As agreed with your offices, unless you publicly announce the contents 
of this report earlier, we plan no further distribution until 30 days 
from the report date. At that time, we will send copies to the 
Administrator of the EPA, the Attorney General of the United States, 
appropriate congressional committees, and other interested parties. We 
will also make copies available to others on request. In addition, the 
report will be available at no charge on our Web site at [hyperlink, 
http://www.gao.gov]. 

If you or your staffs have any questions about this report, please 
contact John B. Stephenson at (202) 512-3841 or stephensonj@gao.gov. 
Contact points for our Offices of Congressional Relations and Public 
Affairs may be found on the last page of this report. Key contributors 
to this report are listed in enclosure III. 

Signed by: 

John B. Stephenson:
Director, Natural Resources and Environment: 

Enclosures: 

List of Requesters: 

The Honorable James M. Inhofe:
Ranking Member:
Committee on Environment and Public Works:
United States Senate: 

The Honorable Chuck Hagel:
United States Senate: 

The Honorable John Thune:
United States Senate: 

The Honorable John Campbell:
House of Representatives: 

The Honorable Charles W. Dent:
House of Representatives: 

The Honorable Mark Steven Kirk:
House of Representatives: 

[End of section] 

Enclosure I: Objectives, Scope, and Methodology: 

This report provides information about the (1) sources of funding for 
the Superfund trust fund and (2) allocation of these resources to 
Superfund program activities, particularly enforcement and 
administration. 

To determine the sources of funding that support the Superfund trust 
fund, we reviewed the President's Budget Appendices for fiscal years 
1983 through 2009. These documents contain budget information from 
fiscal year 1981, the first year of the Superfund program, through 
fiscal year 2007. After compiling these data, we reviewed them with 
Environmental Protection Agency (EPA) budget experts to confirm their 
accuracy. We also reviewed annual appropriations laws and related 
conference reports in order to compile information on direction 
provided by the Congress for spending. 

To analyze the costs of program activities, we obtained EPA data on 
overall Superfund program expenditures--also referred to as outlays. 
EPA budget staff grouped expenditures into major categories, such as 
administration and removal, based on their knowledge of the programs 
and provided us with a more detailed breakdown of administration 
expenditures for fiscal year 2007. We limited our scope to fiscal years 
1999 through 2007 because EPA changed the way it accounted for certain 
budget items in fiscal year 1999; this change makes it difficult to 
obtain consistent data prior to that year. EPA also updated its system 
in fiscal year 2004 and, because of this, EPA budget officials created 
a crosswalk between the two time periods to ensure the expenditures 
were consistent. EPA provided us with expenditure data for these years; 
our comparisons to agency obligation data showed that expenditures and 
obligations were somewhat similar for the years in which we had both 
sets of data. Specifically, expenditures ranged from 5 percent higher 
than obligations to 16 percent lower than obligations during fiscal 
years 2004 through 2007. 

EPA also provided us with enforcement expenditure data for fiscal years 
1999 through 2007 by action code, which EPA uses to identify 
expenditures. We grouped action codes into categories in consultation 
with EPA officials. These data were also limited in scope to fiscal 
years 1999 through 2007 because of constraints similar to those 
described above. 

Finally, EPA provided us with data on outcomes of enforcement actions 
at sites on the National Priorities List (NPL), including past costs 
recovered, future costs obtained, estimated value of responsible 
parties' work commitments, and penalties. We used these data to 
calculate the value of enforcement outcomes, for fiscal years 1979 
through 2007, although we did not evaluate the accuracy of EPA's 
estimates. In its response to a draft of this report, EPA indicated 
that it had made a number of corrections and updates to data on the 
outcomes of its enforcement activities; these corrections occurred 
after the agency provided us with a version of these data for fiscal 
years 1979 through 2007. For example, the agency indicated that in 
reviewing enforcement outcomes from the 1980s and 1990s, EPA regions 
identified certain outcomes that did not have their full value included 
in the agency's data because of the way earlier versions of the 
database had been constructed. Due to the number and amount of these 
differences, EPA provided us with a more recent version of the dataset, 
updated through June 2008, which we analyzed for this report. However, 
because EPA continually corrects and updates its historical Superfund 
enforcement outcome data, future analyses of this database may not 
match our results. We considered data from fiscal year 1979 because the 
earliest Superfund enforcement outcome with monetary value was achieved 
in this year. Although this outcome occurred before the Superfund 
program began, the outcome was related to a site that was later listed 
on the NPL, and EPA officials told us that they classified it as a 
Superfund enforcement outcome. 

We converted all dollar figures into constant 2007 dollars, except when 
we refer to dollars in appropriations documents; for those dollar 
figures, we use nominal dollars. It is our policy to match what has 
actually been enacted or proposed at the time, what is reported in 
budget documents, or both. 

We also reviewed relevant documents, such as the Superfund Program 
Implementation Manual and prior evaluations of the Superfund program, 
and interviewed agency officials in the Office of Solid Waste and 
Emergency Response (OSWER), the Office of Enforcement and Compliance 
Assurance (OECA), and the Office of the Chief Financial Officer. To 
determine previous findings related to administration costs, we 
reviewed reports from GAO, EPA, the agency's Inspector General, and 
others. 

To ensure the reliability of the data we used for this report, we 
reviewed two relevant EPA databases: (1) the Integrated Financial 
Management System, from which our expenditure data were drawn, and (2) 
the Comprehensive Environmental Response, Compensation, and Liability 
Information System, from which site status and enforcement outcome data 
were drawn. For both data sources, we interviewed EPA officials about 
the methods used by the agency to ensure data reliability, manually and 
electronically reviewed the data, compared data to other published 
sources, and followed up with EPA regarding specific questions that we 
had as a result of our review. We spoke with officials from OSWER, 
OECA, and the Office of the Chief Financial Officer. Based on these 
interviews and our own analyses, we concluded that these data were 
sufficiently reliable for the purposes of this report. Where necessary 
in the report, we note potential limitations of these data. 

We conducted this performance audit from July 2007 to July 2008 in 
accordance with generally accepted government auditing standards. Those 
standards require that we plan and perform the audit to obtain 
sufficient, appropriate evidence to provide a reasonable basis for our 
findings and conclusions based on our audit objectives. We believe that 
the evidence obtained provides a reasonable basis for our findings and 
conclusions based on our audit objectives. 

[End of section] 

Enclosure II: Comments from the Environmental Protection Agency: 

United States Environmental Protection Agency: 
Office Of Chief Financial Officer: 
[hyperlink, http://www.epa.gov]: 
Washington, D.C. 20460: 

June 24, 2008: 

Mr. John B. Stephenson, Director: 
Natural Resources & Environment: 
Government Accountability Office: 
441 G Street, N.W. Room 2075: 
Washington, D.C. 20548: 

Dear Mr. Stephenson: 

Thank you for the opportunity to comment on the draft report entitled 
"Superfund: Reported Costs of Enforcement and Administration Activities 
(GAO-08-841R)." We appreciate the collegial working relationship and 
dialog with GAO as this report was developed. 

Overall, we generally agree with the descriptions contained in this 
report on sources of funding that support the Hazardous Substance 
Superfund trust fund. This report provides a sound historical 
representation of the trust fund balances and revenues, as well as an 
accurate depiction of the program these resources support once 
appropriated. 

However, EPA has identified the following areas in the draft report for 
which we provide additional clarification and suggestions. 

Relationship of Trust Fund Balances, Appropriated Resources, and Agency 
Activities: 

EPA requests that the report be modified to more accurately address the 
relationship between the balance of the trust fund and funding 
available to the Agency. Historically, the available balance of the 
trust fund has not impacted the level of resources appropriated to the 
Agency for the Superfund program. Through its annual appropriations 
bills, Congress transfers money into the trust fund and appropriates 
money out of the trust fund to provide the program with the level of 
funding that Congress determines is appropriate. Regardless of the 
balance of the trust fund, the Agency only has authority to spend 
resources that are appropriated from the trust fund by Congress. We 
appreciate the difficulty in accurately portraying the relationship of 
the trust fund, appropriated resources, and Agency activities, and have 
recommended several edits to more accurately explain this relationship 
(see enclosure). 

Presentation of Expenditures by Category: 

The depiction of expenditures in a particular category (e.g., response, 
enforcement, administration, etc.), as compared to the total 
expenditures of Superfund appropriated resources we believe could be 
clarified further in the draft report. While the analysis is factually 
accurate, combining certain categories for analysis, and the mixing of 
nominal and constant dollars in the text, did not provide a clear 
picture of the trend in resources for the categories being discussed. 

For example, on page 16 of the draft report, the title "Enforcement and 
Administration Costs Increase from 22 to 25 percent of Superfund 
expenditures from Fiscal Year 1999 through 2007" and the following 
paragraph, while factually correct, could be misleading in that the 
reader may have the impression that from fiscal years 1999 to 2007 
enforcement expenditures increased. In contrast to the title, on page 
18 it is noted that in fiscal year 2007, Superfund enforcement 
expenditures totaled approximately $187 million, representing a 23 
percent decrease from fiscal year 1999. The draft report also notes 
that, "the proportion of total program expenditures going to 
enforcement remained relatively consistent, at about 14 percent." These 
statements appear to contradict the title and paragraph on page 16 that 
combines administrative and enforcement expenditures. 

EPA suggests re-titling the section header on page 16 to avoid 
inconsistency and perhaps including a chart to depict the categories, 
which may provide additional clarification and support the analysis 
being discussed. 

Discussion on Superfund Administration Expenditures: 

The Agency maintains a definition of programmatic and administrative 
costs for the purposes of all Agency programs, and this definition 
includes payroll as part of administrative costs. The classification of 
payroll as administrative can be traced to 1993 when EPA's 
Congressional appropriation subcommittees reclassified EPA's account 
structure by directing EPA "to develop a single definition of 
`administrative' and `programmatic' expenses that can be used across 
all accounts/appropriations".[Footnote 22] For FY 1994, EPA submitted a 
"Global Expense Definition" and "Appropriation Restructuring and 
Implementation Guidebook" for Congressional approval. These reports 
described how EPA intended to capture "administrative" and 
"programmatic" costs by budget object class, and included payroll under 
the definition of "administrative" costs. The Congressional 
appropriation subcommittees approved EPA's "Global Expense Definition" 
and "Appropriation Restructuring and Implementation Guidebook," and 
since that time EPA has operated under this framework. 

However, EPA also has the discretion to provide data in a manner that 
meets the needs of the requestor. The Agency, first and foremost, 
strives to provide financial information in a manner that meets the 
needs of the requestor for the study being conducted while maintaining 
an accurate representation of the data You note in your draft report 
that EPA has provided administration data for the Superfund program 
using different definitions of "administrative" costs. This data was 
provided to multiple requestors on multiple studies, and EPA worked 
with those requestors to determine what information the requestors 
sought for the purposes of their respective studies. As evidenced by 
your report, different requesters have had different perspectives on 
what costs should be considered administrative in nature. We have 
suggested several modifications for the discussion on the Agency's 
administration expenditures for the Superfund program (see enclosure). 

EPA requests that the report be modified to address several additional 
technical corrections and edits (see enclosure). In addition to 
suggested edits reflecting the items discussed above, we offer 
additional clarification on the Superfund remedial and enforcement 
process. 

Again, we appreciate the opportunity to work with your team on this 
review and your consideration of technical corrections. If you have any 
other comments or questions about these corrections, please contact 
Carol Terris, Acting Director of the Office of Budget at 202-564-0533. 

Best wishes, 

Signed by: 

Lyons Gray: 
Chief Financial Officer: 

Enclosure: 

[End of section] 

Enclosure III: GAO Contact and Staff Acknowledgments: 

GAO Contact: 

John B. Stephenson, (202) 512-3841 or stephensonj@gao.gov. 

Staff Acknowledgments: 

In addition to the contact named above, Vincent P. Price, Assistant 
Director; Tim Bazzle; Krista Loose; Christopher Murray; and Kathleen 
Padulchick made key contributions to this report. Elizabeth Beardsley, 
Virginia Chanley, Michele Fejfar, Carol Henn, Richard Johnson, and 
Carol Herrnstadt Shulman also made important contributions. 

[End of section] 

Footnotes: 

[1] This number includes those sites on the NPL as well as those 
deleted from the NPL. 

[2] GAO, Superfund Program: Current Status and Future Fiscal 
Challenges, [hyperlink, http://www.gao.gov/cgi-bin/getrpt?GAO-03-850] 
(Washington, D.C.: July 31, 2003). 

[3] The federal budget consists of several types of funds, including, 
among others, the general fund, special funds, and trust funds. General 
funds are the revenues not designated for specific purposes and fund, 
among other things, national defense, interest on the public debt, the 
operating expenses of most federal agencies, many grants to state and 
local governments, and some entitlements. 

[4] Nominal dollars have not been adjusted for inflation. 

[5] Only sites on the NPL are eligible for remedial actions financed by 
the trust fund; resources from the trust fund may be used to finance 
other types of response activities, such as removal actions, at both 
NPL and non-NPL sites. 

[6] Almost all of the deleted sites were declared construction complete 
prior to deletion; however, according to EPA, of the 321 deleted sites, 
four sites were deleted and referred to other authorities without being 
declared construction complete. Additionally, five sites were proposed 
for listing but were deleted before being finalized on the NPL. 

[7] EPA, Superfund: Building on the Past, Looking to the Future, 
(Washington, D.C.: Apr. 22, 2004). 

[8] Totals add to more than 100 percent due to rounding. 

[9] Our guidance recommends we present budget numbers in nominal terms 
to match what has actually been enacted or proposed at the time, what 
is reported in budget documents, or both, rather than adjusting for 
inflation. Therefore, throughout this section, we will present all data 
in nominal dollars, except where we illustrate trends over time, in 
which case we will also provide constant dollars. 

[10] Lincoln v. Vigil, 508 U.S. 182, 193 (1993). 

[11] Due to changes in EPA's budget structure, EPA was unable to 
comparably categorize some expenditures. These expenditures never 
accounted for more than 0.2 percent of annual expenditures. Over the 
entire period, these other expenditures constituted 0.05 percent of 
Superfund expenditures. 

[12] Based on EPA documentation and interviews, we developed the four 
categories used in this section and confirmed our analysis with EPA 
officials. However, we were unable to place 6 percent of enforcement 
expenditures into any of these four categories. Most of these 
expenditures were attributable to technology projects that were not 
related to specific sites. Uncategorized enforcement expenditures also 
included activities related to (1) the oversight of responsible 
parties, although EPA officials told us these responsibilities are no 
longer considered enforcement-related; (2) the development of EPA's 
cost recovery claims; and (3) specific steps that are taken as part of 
the cleanup process, including site assessment activities, community 
relations activities done to address community concerns, and technical 
support for remedial actions. 

[13] Some negotiation expenditures fund alternative dispute resolution, 
in which cost recovery actions are resolved using mediation or 
arbitration. Other types of activities classified as negotiation 
include (1) removal negotiations, which involve discussions between EPA 
and responsible parties over parties' liability and willingness and 
ability to implement a removal action; and (2) work done to prepare and 
issue administrative orders that can compel responsible parties to 
conduct cleanup actions and may also involve cost recovery. 

[14] Most Department of Justice activities funded by Superfund are 
coded as litigation expenditures in our analysis. The department 
provides information to EPA regarding the activities it carries out 
related to the Superfund program; however, due to differences in how 
EPA and the department code various activities, costs for some 
nonlitigation activities, such as the negotiation of settlements, may 
be included in this category. 

[15] This total represents EPA's estimate--as of June 2008--of the 
value of enforcement activities at proposed, final, and deleted 
Superfund sites for fiscal years 1979 through 2007. In part, this total 
is an estimate because the value of the responsible party work 
commitments reported by EPA is an estimated value--or projected cost-- 
of the activities these parties agree to perform and does not represent 
the actual amount of money spent by responsible parties at sites as a 
result of EPA's enforcement activities. Also, the total is an 
incomplete estimate because these data do not include payments for 
future EPA oversight of work conducted by the responsible parties or 
interest payments from responsible parties who arrange to pay EPA over 
time. Furthermore, EPA may take or assist states in taking enforcement 
actions, the results of which are not included in the total we present 
in this report. For example, according to an EPA official, in some 
instances states take the primary lead in an enforcement action, and 
EPA generally plays only an advisory role in these actions. The 
official stated that the agency excludes the outcomes of these 
enforcement actions from its accomplishment reporting, and, therefore, 
we excluded them from our analysis. Also, the EPA official told us that 
Superfund enforcement outcomes reported prior to the passage of CERCLA 
in 1980 represent outcomes at sites that were ultimately listed on the 
NPL, but for which enforcement actions were initiated under the 
Resource Conservation and Recovery Act. The Congress passed the Act in 
1976 to establish a framework for managing hazardous waste from its 
generation to final disposal. 

[16] Responsible parties are not required to provide EPA with 
information on the actual costs of implementing Superfund site response 
actions. Therefore, EPA data on the value of responsible party work 
commitments are taken primarily from the estimated cost of response 
alternatives as identified in removal documents or Records of Decision 
for individual Superfund sites. According to agency guidance, these 
estimates are expected to range from -30 percent to +50 percent of the 
actual project cost. We did not evaluate the extent to which cost 
estimates in Superfund site Records of Decision reflect the actual 
costs incurred by responsible parties for implementing the remedial 
actions. 

[17] [hyperlink, http://www.gao.gov/cgi-bin/getrpt?GAO-03-850]. 

[18] This definition is provided in EPA's Administrative Control of 
Appropriated Funds, which outlines the principles and policies to 
control the use of its funds. 

[19] The Environmental Programs and Management appropriation is one of 
EPA's largest appropriations, funding the work of more than 10,000 
agency staff. 

[20] In some years, the Superfund program received services funded by 
additional EPA appropriations, which are also included in this figure. 

[21] Inspector General officials did not verify whether these 
activities were related to Superfund. 

[22] See FY 1993 Conference Report for the Veterans Affairs and Housing 
and Urban Development, and Independent Agencies Appropriations Bill, 
1993, dated September 24, 1992 (Report 102-902) and the House of 
Representatives Veterans Affairs and Housing and Urban Development, and 
Independent Agencies Appropriations Bill 1994, dated June 22, 1993 
(Report 103-150). 

[End of section] 

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