February 4, 2002

The Honorable Christine Todd Whitman
Administrator
Environmental Protection Agency
1200 Pennsylvania Avenue, N.W.
Washington, D.C. 20460-0001

Dear Administrator Whitman:

Over the last four years of President Clinton’s Administration, the Superfund program made excellent progress in cleanups by completing all construction activities at an average of 87 sites per year. Last May, you informed us that "EPA will continue to emphasize construction completions as a key priority for the Superfund program, and will continue and build upon its past efforts to expedite the rate at which Superfund sites are cleaned up." For FY 2001, the EPA set a goal of 75 construction completions.

Therefore, we are dismayed to learn that in the first year of President Bush’s Administration the number of construction completions at Superfund sites was only 47. This is a 46% reduction from the average in the last four years of the Clinton Administration and a 39% shortfall in the Agency’s goal. We intend to determine whether this dramatic slowdown in cleanups is due to failure of management or some other reason that is not readily apparent.

It does appear from a preliminary review that one Region in particular, Region II, is seriously off track in achieving construction completions and expediting cleanups. The rate of construction completions in Region II is more than 15% lower than the national average. If you compare Region II to Region V, another Region with a similar number of NPL sites in industrial states, it appears that the number of sites that have reached construction completion status in Region V is over 70% or approximately 30 percentage points higher than Region II. Region II also has by far the highest number of Superfund NPL sites that were listed prior to 1988 and are not yet cleaned up. While Region II has the worst record in completing construction activities at NPL sites, it is one of two Regions that lead the Nation in listing new sites on the Superfund NPL over the past three years.

Please explain why construction completions have dropped dramatically, why your goals were not met, and why Region II is having problems in completing its work. Also, to gain a more complete understanding of the cleanup results in each Region for FY 2001 and the efforts to expedite cleanups in FY 2002 we request the following information be provided no later than Thursday, February 14, 2002:

1. Please list by state and region the identity of all Superfund NPL sites that attained "construction complete" status in FY 2001.

2. Please list by state and Region the identity of all Superfund NPL sites that attained "construction complete" status in the first four months (October 2001 - January 2002) of FY 2002.

3. Please list by state and region the identity of all sites that were finalized on the NPL in FY 2001.

4. Please list all NPL sites that initiated remedial construction (i.e., first remedial action start) in FY 2001.

5. Please list all NPL sites that are expected to initiate remedial construction (i.e., first remedial action start) in FY 2002.

6. For Region II, identify each site that was listed on the NPL prior to FY 1988 that is a potentially responsible party lead site for the remedial action. Further, please identify those sites where the final operable unit or remedial action is covered by a judicial consent decree or administrative order on consent.

7. For Region II, please identify each site listed on the NPL prior to FY 1988 where the final operable unit or remedial action is under construction. Further, please indicate when each site listed prior to FY 1988 is expected to complete all construction activities.

8. Please provide any management directives or memorandum that were sent to the Regions to address the slowdown in cleanups.

9. Are there any remedial activities at NPL sites which have been, or you anticipate will be, slowed down or delayed in FY 2002 because of a shortage of funds? If so, please identify those sites and the amount of the funding shortfall.

10. Are any removal actions at NPL sites being delayed, deferred, or slowed down in FY 2002 because of a shortage of funds? If so, please identify those sites and the amount of the funding shortfall.

If you have any questions about this request, please contact us or have your staff contact Richard A. Frandsen, Minority Counsel, at (202) 225-3641. Thank you for your cooperation.

Sincerely,

JOHN D. DINGELL
RANKING MEMBER
COMMITTEE ON ENERGY AND COMMERCE

FRANK PALLONE, JR.
RANKING MEMBER
SUBCOMMITTEE ON ENVIRONMENT AND
HAZARDOUS MATERIALS

cc: The Honorable W. J. "Billy" Tauzin, Chairman
Committee on Energy and Commerce

The Honorable Paul E. Gillmor, Chairman
Subcommittee on Environment and Hazardous Materials