September 09, 2020

In Letter to National Archives Watchdog, Chairs DeFazio and Napolitano Request Investigation into Destruction of Records by the Trump EPA

DeFazio and Napolitano to National Archives and Records Administration (NARA) OIG: “We are concerned that EPA’s destruction of documents and records may leave Americans in the dark about the quality of their waterways and environment” 

Washington, D.C. – Chair of the House Committee on Transportation and Infrastructure Peter DeFazio (D-OR) and Chair of the Subcommittee on Water Resources and Environment Grace F. Napolitano (D-CA)—which has jurisdiction over several U.S. Environmental Protection Agency (EPA) programs, including the water quality and protection of our Nation’s rivers, lakes, streams, and other surface waters—have sent a letter to the Inspector General of the National Archives and Records Administration (NARA), requesting a comprehensive, independent investigation into reports that the EPA may have illegally destroyed records and intentionally deceived NARA about their destruction.

The documents in question include 18 boxes of records related to the Kansas Water Quality Standards Rulemaking that were damaged due to a broken sprinkler before they were able to be transferred to NARA. EPA proceeded to destroy the documents before receiving approval from NARA to do so.

In their letter to the Inspector General, DeFazio and Napolitano said: “We are writing to express our serious concern regarding reports that the U.S. Environmental Protection Agency (EPA) may have illegally destroyed records and intentionally deceived the National Archives and Records Administration (NARA) about their destruction. This report is disturbing, and it appears not to be an isolated incident at the Trump administration’s EPA. It is our understanding that this destruction may have violated various U.S. laws and regulations, including the Federal Records Act (44 U.S.C. Chapter 31), the Federal Records Disposal Act (44 U.S.C. Chapter 33) and the Emergency Authorization to Destroy Records of the Code of Federal Regulations (36 CFR Part 1229).”

The Chairs continued: “A NARA OIG investigation is necessary to inform the public and Congress about any EPA recordkeeping violations that have been allowed to persist as well as any Agency deceit in its communications with the Archivist. Further, an investigation will reveal if these were isolated incidents or a broader pattern under the Trump administration.”

DeFazio and Napolitano concluded their letter by requesting a response from Mr. Springs no later than September 29, 2020.

A full copy of the letter can be found below and here:

September 8, 2020

Mr. James Springs

Inspector General

Office of Inspector General

National Archives and Records Administration

8601 Adelphi Road, Room 1300

College Park, MD 20740-6001

Dear Mr. Springs: 

We are writing to express our serious concern regarding reports[1] that the U.S. Environmental Protection Agency (EPA) may have illegally destroyed records and intentionally deceived the National Archives and Records Administration (NARA) about their destruction. This report is disturbing, and it appears not to be an isolated incident at the Trump administration’s EPA. It is our understanding that this destruction may have violated various U.S. laws and regulations, including the Federal Records Act (44 U.S.C. Chapter 31),[2] the Federal Records Disposal Act (44 U.S.C. Chapter 33)[3] and the Emergency Authorization to Destroy Records of the Code of Federal Regulations (36 CFR Part 1229).[4]

As the Chair of the House Committee on Transportation and Infrastructure and Chair of the Subcommittee on Water Resources and Environment, we have a jurisdictional interest in a number of EPA programs, including the water quality protection of our Nation’s rivers, lakes, streams, and other surface waters; clean-up of hazardous waste sites; assessment and clean-up of brownfields sites; and contingency planning requirements for spill prevention and control related to oil and hazardous substance spills. We are concerned that EPA’s destruction of documents and records may leave Americans in the dark about the quality of their waterways and environment. Therefore, we request that the NARA Office of the Inspector General (OIG) launch a comprehensive independent investigation into the destruction of these documents by the EPA.

According to documents obtained by Citizens for Responsibility and Ethics in Washington (CREW), in late 2019, 18 boxes of records related to the Kansas Water Quality Standards Rulemaking (from 1985-2000) were damaged because of a broken sprinkler before they were able to be transferred to NARA. On March 4, 2020, EPA submitted a request to NARA for approval to destroy the documents because they had become moldy, and then two days later EPA destroyed the documents before receiving approval from NARA. Further, based on the documents obtained by CREW, it appears the EPA intentionally deceived NARA about the status of the documents and then falsely blamed the coronavirus pandemic for the document destruction.

According to guidance on NARA’s website, “NARA approval to destroy the contaminated records must be obtained prior to their destruction.”[5] In addition, “NARA will notify the agency of the approval to immediately destroy the records. If NARA does not agree that the menace must be eliminated by destruction of the records, NARA will advise the agency on remedial action to address the menace.”[6] It appears that the EPA willfully ignored these Federal requirements.

This incident is disturbing enough, but it seems to be a pattern of behavior at the Trump administration’s EPA. In March 2019, the EPA Inspector General (IG) issued a management alert[7]  following EPA’s refusal to turn over budget formulation documents pursuant to an EPA IG audit and its subsequent destruction of the documents under audit. Later that same year, there were reports[8]^,[9] that then-EPA Administrator Scott Pruitt’s schedule and communications with lobbyists were improperly and routinely destroyed.

A NARA OIG investigation is necessary to inform the public and Congress about any EPA recordkeeping violations that have been allowed to persist as well as any Agency deceit in its communications with the Archivist. Further, an investigation will reveal if these were isolated incidents or a broader pattern under the Trump administration. A comprehensive investigation into EPA’s destruction of documents will advance the NARA OIG mission to report waste, fraud, abuse and mismanagement, and should also produce recommendations that include corrective actions to guard against future improper document destruction.

            Thank you for your prompt attention to this matter. Please respond as soon as possible, but no later than September 29, 2020. If you have any questions, please contact XXXX at XXXX or XXXX at XXXX.

Sincerely, 

cc:       The Honorable Sam Graves, Ranking Member,

           Committee on Transportation and Infrastructure

    The Honorable Bruce Westerman, Ranking Member,

           Subcommittee on Water Resources and Environment

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