Audit of the Department of Environmental Protection (DEP)

This is a state performance audit of the Massachusetts Department of Environmental Protection covering July 1, 2017 through June 30, 2019.

“This report details the audit objectives, scope, methodology, findings, and recommendations for the audit period, July 1, 2017 through June 30, 2019.”

Auditors checked whether DEP followed toxics-use reporting rules and federal water-quality reporting requirements.

“In this performance audit, we examined DEP’s compliance with the Massachusetts Toxics Use Reduction Act, including the proper submission of toxics use reports and plan summaries, as well as the quality assurance program plan related to the DEP Division of Watershed Management’s Watershed Planning Program and its requirements for submitting reports to the United States Environmental Protection Agency (EPA) as required by the federal Clean Water Act.”

If DEP does not report water-quality data on time, the public and federal regulators have less current information about whether Massachusetts waters are polluted or safe for their intended uses.

“As a result, DEP is not providing EPA and the public with the information necessary to determine whether Massachusetts watersheds are impaired or are safe for their designated uses.”

This affects ordinary residents because DEP’s job includes protecting clean air, clean water, land, wetlands, coastal resources, and public health.

“DEP is the guarantor of the people’s right, under Article 97 of the Massachusetts constitution, to “clean air and water” and “the natural scenic, historic, and esthetic qualities of their environment.””

The auditor found two main problems: delayed water-quality reporting and weak follow-up on some required toxic-use filings.

“DEP did not ensure that all users of toxic substances, or toxics, filed biennial toxics use reduction plan summaries and annual toxics use reports.”

The auditor recommended that DEP improve how it collects, validates, reports, and monitors required information.

“DEP should establish monitoring controls to ensure that these policies and procedures are followed.”

The report matters because it found gaps in public environmental information and in DEP’s oversight of companies that use toxic substances.

“Without ensuring compliance with TURA, DEP cannot be certain that all toxics users in the Commonwealth are working toward and promoting TUR in their workplaces.”

A TMDL is basically a pollution limit: how much of a pollutant a water body can receive and still meet health standards.

“A TMDL is a calculation of the highest amount of a pollutant that a water body can take in and still meet standards for healthy systems.”