Anniston Star
January 19, 2003

EPA audit of ADEM's performance is mostly positive

Associated Press
01-19-2003

BIRMINGHAM

Alabama's environmental agency is meeting federal standards but still needs more money and a better enforcement policy, the U.S. Environmental Protection Agency said.

An EPA audit released this week gives the Alabama Department of Environmental Management a much better assessment than it received last year in a draft report. Alabama officials disagreed with that report, which said ADEM was understaffed, reacted slowly and withheld information needed to judge its enforcement accurately.

"The department is very pleased with the results of the audit," ADEM spokesman Scott Hughes told The Birmingham News. "I think it all goes back to the efforts the staff make and the leadership we have to try to do more with the limited resources that we have."

An EPA spokesman said the agency typically amends draft reports after reviewing state responses.

The agency said it still was unable to determine whether ADEM's penalties and enforcement of pollution laws were adequate. One concern was that a penalty policy ADEM is developing will not meet federal standards because it will include a cap on penalty levels.

Alabama officials said they currently have no formula or specific policy for setting fines, but consider factors such as the seriousness of the pollution and the history of violations.

EPA also urged the state to find new sources of money and ways to coordinate inspections among its land, water and air divisions.

Most of the report, however, was largely positive. EPA praised ADEM's air program and called the drinking water division one of the Southeast's best.

"Their management and staff are experienced and knowledgeable in the wide universe of industrial sectors that they regulate," the report said.
The federal agency also acknowledged the dedication of ADEM employees, saying they compensate for the state agency's short-staffing by working efficiently and for long hours.

EPA encouraged ADEM to be more aggressive in ensuring that other state agencies follow pollution standards.

"ADEM has resisted pursuing formal enforcement actions and assessing financial penalties because they believe that such a penalty would have to go through the ... (attorney general's) as well as the governor's office and would ultimately be thrown out," the audit said.