Context of 'January 3, 2001: EPA Allegedly Tries to Limit Ombudsman’s Authority'

The EPA hires Robert J. Martin as the agency’s National Ombudsman (see November 24, 1984). [US Congress, 6/25/2002]

The EPA publishes a “Draft Guidance for the National Hazardous Waste Ombudsman and the Regional Superfund Ombudsmen Program,” which attempts to “clarify” the National Ombudsman’s function. [Environmental Protection Agency, 1/3/2001; US Congress, 6/25/2002] The current ombudsman, Robert Martin, argues that the guidelines are actually designed to limit the scope of the ombudsman’s authority, by placing the office under the authority of the head of Office of Solid Waste and Emergency Response (OSWER), an EPA division the ombudsman may investigate. [Washington Post, 11/29/2001]

The General Accounting Office (GAO) issues a report on the National Ombudsman’s office at the request of the Chairman of the House Sub-Committee on Environment and Hazardous Materials. [US Congress, 6/25/2002; US Congress, 7/16/2002] The report criticizes the EPA’s January guidance (see January 3, 2001) and concludes that the EPA’s national and regional ombudsmen do not have sufficient autonomy. [Washington Post, 11/29/2001] The GAO report recommends the following:
Strengthen the ombudsman’s independence by moving the office outside of the solid waste program;
Provide the ombudsman with a separate budget and staff;
Increase the ombudsman’s accountability by requiring the office to develop specific criteria for its investigations. [General Accounting Office, 7/27/2001 ]

National Ombudsman Robert Martin sends a memorandum to EPA Administrator Christie Whitman suggesting that the agency implement the recommendations in the General Accounting Office’s July 2001 report (see July 27, 2001). He advises against a proposal under consideration that would move his office to the Office of Inspector General (OIG). He argues that doing so would not increase the ombudsman’s independence and notes that the ombudsman’s mission is very different than the OIG’s. [Environmental Protection Agency, 11/26/2001 ; US Congress, 6/25/2002]

Environmental Protection Agency ombudsman Robert Martin writes to EPA Administrator Christie Whitman criticizing her decision (see September 28, 2001) to transfer his office to the Office of Inspector General (OIG). Martin challenges her assertion that this would result in greater autonomy, noting that the IOG had previously “interfered with [a]… National Ombudsman investigation” of the Marjol Batter Site. [Environmental Protection Agency, 11/26/2001 ]

Nine US Congressional representatives write to EPA Administrator Christie Whitman asking that she refrain from transferring the National Ombudsman office. Eighteen Congressional representatives have already submitted the same request to Whitman (see Afternoon November 27, 2001). [US Congress, 6/25/2002]

Following the February 23 hearing (see February 21, 2002) on the environmental contamination that resulted from the attacks on the World Trade Center, EPA National Ombudsman Robert Martin recommends that the EPA take immediate steps to protect the environment and health of children and young adults attending schools in and around Ground Zero. [Environmental Protection Agency National Ombudsman, 3/27/2002]