ENFORCING FEDERAL POLLUTION CONTROL LAWS -- ENFORCING FEDERAL POLLUTION CONTROL LAWS -- CONTENTS -- PREFACE -- Chapter 1 DOJ ENVIRONMENT LITIGATION ACCOMPLISHMENTS 2008 -- Foreword -- Protecting Our Nation's Air, Land, and Water -- Reducing Air Pollution from Power Plants -- Addressing Air Pollution from Oil Refineries -- Reducing Air Pollution from Mobile Sources -- Controlling Contaminated Storm Water Run-off -- Ensuring the Integrity of Municipal Wastewater Treatment Systems -- Protecting the Nation's Waters and Wetlands -- Reducing Air and Water Pollution at Other Diverse Facilities -- Protecting the Public against Vinyl Chloride -- Enhancing Pipeline Safety -- Ensuring Cleanup of Oil and Hazardous Waste -- Conserving the Superfund by Securing Cleanups and Recovering Superfund Monies -- Enforcing Clean-up Obligations in Bankruptcy Cases -- Defending the Constitutionality of the Superfund Law -- Protecting the Government against Unwarranted Claims of Clean-Up Liability -- Protecting the Public Fisc against Excessive Clean-Up Claims -- Promoting Responsible Stewardship of America's Natural Resources and Wildlife -- Defending Endangered Species Act Listings and the Critical Habitat Program -- Defending NMFS Ocean Harvest Management -- Restoring the Florida Everglades -- Maintaining an Appropriate Management Regime for the Missouri River System -- Facilitating Dredging Projects Critical for Commerce -- Litigating Federal Land Management Programs and Policies -- Ensuring the Limitations of Federal Jurisdiction Are Enforced -- Determining the Impact of the Religious Freedom Restoration Act on Land Management Agencies -- Criminally Enforcing Our Nation's Pollution and Wildlife Laws -- Reducing Pollution from Ocean-Going Vessels -- Protecting the Country's Wetlands -- Safeguarding Our Nation's Groundwater from Hazardous Waste Pollution.

Securing and Protecting our Nation's Highways from the Illegal Transportation of Hazardous Waste -- Protecting the Environment, Public Health, and Worker Safety -- Cracking Down on Illegal Asbestos Removal -- Safeguarding Our Fragile Ecosystem on the North Slope of Alaska -- Safeguarding Aquatic Life and Water Quality in and around the Gulf of Mexico -- Keeping Nuclear Power Safe -- Protecting Endangered Sea Turtles from International Smugglers -- Safeguarding U.S. Consumers from the False Labeling of Fish -- Prosecuting Illegal Hunting and Fishing -- Defending Vital Federal Programs and Interests -- Defending EPA's Air Pollution Standards for the Chemical Manufacturing Industry -- Upholding EPA's CAA Permitting Decisions and Enforcement Discretion -- Protecting against Premature Challenges to Agency Action -- Upholding EPA's Safe Drinking Water Regulations -- Defending against Liability for Damage Caused by Hurricane Katrina -- Defending Agency Post-September 11 Conduct -- Defending Untimely Challenges to Agency Action -- Enhancing the Nation's Energy Infrastructure -- Defending the Federal Highway Administration's Traffic Projects -- Securing Needed Water Rights for the United States -- Defending Federal Agency Program Assessments of Impacts on Species -- Acquiring Property for Public Purposes -- Working with the United States Congress on Environmental and Natural Resources Legislation and Related Matters -- Enforcing Environmental Laws Through International Capacity Building -- Protecting the Interests of the United States in Litigation Involving Third Parties -- Promoting National Security and Military Preparedness -- Protecting the Navy's Ability to Use Sonar in Training Exercises -- Supporting the Strategic Border Initiative -- Acquiring Property to Improve Military Readiness and National Security.

Defending the Army's Chemical Weapons Demilitarization Program -- Defending FBI Weapons Training -- Protecting Indian Resources and Resolving Indian Issues -- Defending Tribal and Federal Interests in Water Adjudications -- Protecting Tribal Hunting, Fishing, and Gathering Rights -- Upholding Agencies' Authority to Implement Indian Policies -- Defending Tribal Trust Claims -- Litigating under the Indian Gaming Laws -- Navigating the Tribal Acknowledgment Process -- Supporting the Division's Litigators -- Expanding and Upgrading Technology Services and Resources -- Greening the Division -- Supporting Litigation -- Chapter 2 ENVIRONMENTAL ENFORCEMENT: EPA NEEDS TO IMPROVE THE ACCURACY AND TRANSPARENCY OF MEASURES USED TO REPORT ON PROGRAM EFFECTIVENESS -- Results in Brief -- While Assessed Penalties Declined between Fiscal Years 1998 and 2007, There Are Three Shortcomings in How EPA Calculates and Reports Penalties -- Shortcomings in How EPA Reports Measures of Injunctive Relief and Pollution Reduction May Inhibit Accuracy and Transparency of Reporting -- Other Factors Influence EPA's Process for Achieving Enforcement Outcomes -- Conclusions -- Recommendations for Executive Action -- Enclosures I -- Enclosures II -- Comments from the Environmental Protection Agency -- GAO's Mission -- End Notes -- Chapter 3 ENVIRONMENTAL PROTECTION: EPA-STATE ENFORCEMENT PARTNERSHIP HAS IMPROVED, BUT EPA'S OVERSIGHT NEEDS FURTHER ENHANCEMENT -- Why GAO Did This Study -- What GAO Recommends -- What GAO Found -- Abbreviations -- Results in Brief -- Background -- Increases in EPA Funding Have Not Kept Pace with Inflation and Enforcement Responsibilities -- Resources for EPA Regions and the States Have Declined in Real Terms -- EPA Regions and States Find It Difficult to Respond to New Requirements under Current Resource Constraints -- Clean Water Act -- Clean Air Act.

Resource Conservation and Recovery Act -- EPA and States Have Taken Steps to Improve Planning and Priority Setting for Enforcement, but Results Are Uneven -- EPA Implemented a More Collaborative Process for Setting National Priorities for Enforcement -- Extent of States' Participation in the Planning and Priority Setting Process Varies -- State Review Framework Has the Potential to Provide More Consistent Oversight -- SRF Findings Demonstrate the Value of a Uniform Approach to Evaluating State Enforcement Programs -- Modifications to the SRF Could Improve EPA's Enforcement Oversight Process -- Conclusions -- Recommendations for Executive Action -- Appendix I: Scope and Methodology -- Appendix II: Development and Implementation of the State Review Framework -- Appendix III: Comments from the Environmental Agency -- End Notes -- Chapter 4 ENVIRONMENTAL COMPLIANCE AND ENFORCEMENT: EPA'S EFFORT TO IMPROVE AND MAKE MORE CONSISTENT ITS COMPLIANCE AND ENFORCEMENT ACTIVITIES -- Why GAO Did This Study -- What GAO Found -- Regional Enforcement Activities Vary Substantially -- Several Factors Contribute to Variations in Regional Enforcement Programs -- Regions Differ in Their Philosophical Approaches to Enforcement -- National Enforcement Data are Incomplete and Inaccurate -- EPA's Workforce Planning and Allocation System Is Not Adequate for Effectively Deploying Staff to Regions -- EPA Has Initiated or Planned Actions to Achieve Greater Consistency in Enforcement Activities -- EPA's State Review Framework Holds Promise, but It Is Too Early to Assess Its Effectiveness -- Efforts Are Underway to Improve Data, but Critical Gaps Remain -- EPA Has Improved the Management of its Human Capital System, but Challenges Remain in Allocating Staff to Match Enforcement Requirements in its Regions -- GAO's Mission -- End Notes.

Chapter 5 FEDERAL POLLUTION CONTROL LAWS: HOW ARE THEY ENFORCED? -- Summary -- Introduction -- Federal and State Government Interaction -- Federal Funding and Staffing for Enforcement Activities -- Other Enforcement Issues -- Statutory Framework for Enforcement of Pollution Control Laws and Key Players -- Statutory Framework -- Key Players in Environmental Enforcement and Compliance -- EPA -- U.S. Department of Justice (DOJ) -- Other Federal Agencies -- States and "Delegated Authority" -- Tribal Governments -- Citizens -- Regulated Community -- Enforcement at Federal Facilities -- Enforcement Response and Compliance Tools -- Monitoring, Inspections, and Evaluations -- Civil Administrative Actions -- Civil Judicial Enforcement -- Criminal Judicial Enforcement -- Sanctions78 and Penalties -- Penalties Assessed to Federal Facilities88 -- Supplemental Environmental Projects (SEPs) -- Environmental Justice and Enforcement/Compliance -- Compliance Assistance and Incentive Approaches -- Funding for Enforcement/Compliance Activities -- Conclusion -- Appendix. Enforcement/Compliance Databases and Examples of Reported Results -- Enforcement/Compliance Databases and Reporting -- Overview of Enforcement/Compliance Databases -- Enforcement and Compliance History Online (ECHO) -- Envirofacts -- Facility Registry System (FRS) -- Integrated Compliance Information System (ICIS) -- Integrated Data for Enforcement Analysis (IDEA) -- Online Tracking Information System (OTIS) -- Examples of Reported Enforcement Actions and Penalties Over Time -- End Notes -- Chapter 6 OECA FY 2008 ACCOMPLISHMENTS REPORT: PROTECTING PUBLIC HEALTH AND ENVIRONMENT -- Message From the Assistant Administrator -- OECA's Mission -- OECA's Workforce and Partners -- About This chapter -- FY 2008 Results at a Glance -- FY 2008 Other Highlights -- Superfund Enforcement -- Criminal Enforcement.

Compliance Monitoring and Assistance.