Hazardous Waste

EPA's National and Regional Ombudsmen Do Not Have Sufficient Independence Gao ID: GAO-01-813 July 27, 2001

Through the impartial and independent investigation of citizens' complaints, federal ombudsmen provide the public with an informal and accessible avenue of redress. Ombudsmen help federal agencies be more responsive to persons who believe that their concerns have not been dealt with fully or fairly through normal problem-solving channels. A national hazardous waste ombudsman was established at the Environmental Protection Agency (EPA) in 1984. In recent years, that ombudsman has increasingly investigated citizen complaints referred by Members of Congress. As the number and significance of the ombudsman's investigations have increased, so have questions about the adequacy of available resources and whether other impediments exist to fulfilling the ombudsman's responsibilities. This report (1) compares the national ombudsman's operations with professional standards for independence and other factors and (2) determines the relative roles and responsibilities of EPA's national and regional ombudsmen. GAO found that key aspects of EPA's national hazardous waste ombudsman differ from professional standards for ombudsmen who deal with inquiries from the public. For example, an effective ombudsman must have independence from any person who may be the subject of a complaint or inquiry. However, EPA's national ombudsman is in the Office of Solid Waste and Emergency Response (OSWER), the organizational unit whose decisions the ombudsman is responsible for investigating, and his budget and staff resources are controlled by unit managers within OSWER. GAO also found that, compared with EPA's national hazardous waste ombudsman, the regional ombudsmen are less independent and play a reduced role, primarily responding to informational inquiries on a part-time basis. Most of the ombudsmen in EPA's 10 regional offices hold positions within the regional organization that appear to compromise their independence. The regional ombudsmen split their time between performing duties related to the ombudsman function and duties related to the implementation of the hazardous waste programs that they are responsible for investigating. Communication between the national and regional ombudsmen is limited, despite operating guidelines that call for close communication. The national ombudsman periodically refers informational inquiries to the regional ombudsmen but rarely requests their assistance in investigations.

Recommendations

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