GAO Finds EPA Implemented Three Open Recommendations Related to Assessing and Controlling Toxic Chemicals


On May 28, 2024, the U.S. Government Accountability Office (GAO) publicly released a report entitled Priority Open Recommendations: Environmental Protection Agency. According to the report, since GAO’s May 2023 letter, the U.S. Environmental Protection Agency (EPA) implemented four of GAO’s 15 open priority recommendations, including three recommendations related to assessing and controlling toxic chemicals:

GAO’s report states that in April 2023, it issued its biennial update to its High-Risk List, which identifies government operations with greater vulnerabilities to fraud, waste, abuse, and mismanagement. The High-Risk List also identifies the need for transformation to address economy, efficiency, or effectiveness challenges. GAO states that “[o]ne of our high-risk areas — transforming EPA’s process for assessing and controlling toxic chemicals — centers directly on EPA.”

GAO notes that the National Defense Authorization Act for Fiscal Year 2023 includes a provision for GAO to identify additional Congressional oversight actions that can help agencies implement priority recommendations. In its report, GAO states that Congress can use various strategies to address its recommendations, such as incorporating them into legislation or using its budget, appropriations, and oversight processes “to incentivize executive branch agencies to act on our recommendations and monitor their progress.” For example, according to GAO, “Congress can hold hearings focused on EPA’s progress in implementing GAO’s priority recommendations, withhold funds when appropriate, or take other actions to provide incentives for agencies to act.”


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National Law Review, Volume XIV, Number 157