?42?99018
MEMORANDUM of UNDERSTANDING
Between the United States Environmental Protect/on Agency and the American
Hospital Association
1.0 INTRODUCTION. This Memorandum of Understanding ("MOD") is made
between the United States Environmental Protection Agency ("U.S. EPA")
Office of Prevention, Pesticides and Toxics ("OPPT"), U.S. EPA Region 5 and
the American Hospital Association ("AHA"). Throughout this MOU, any
reference to "U.S. EPA" shall include both OPPT and Region 5 and any
reference to "AHA" shall refer to AHA and its Personal Membership Groups
("PMGs").' U.S. EPA and AHA are referred to herein as "the Parties" to this
MOU..
1.1 The Parties intend by this MOU to establish a mutually beneficial
public/private partnership.
1.2 This MOU will address the basic relationship, roles and responsibilities of the
Parties but leaves for later agreement the more precise terms that will
constitute the substance of the partnership.
2.0 PURPOSE. The AHA consists primarily of health care provider organizations
across the United States. The Parties enter into this MOU for the primary
purpose of transferring to AHA institutional members, PMG personal
members and other health care professionals technical information on
Pollution Prevention ("P2") opportunities that exist with respect to waste
generated by the health care industry. The Parties' believe that this
information transfer will provide the health care industry with enhanced tools
for minimizing the production of persistent, bioaccumulative and toxic
("PBT") pollutants and reducing the volumes of waste generated. Such
reductions are beneficial to the environment and will reduce the waste
disposal costs incurred by the health care industry. The Parties to this MOU
hereby affirm the Congressional goals and principles set forth in the Pollution.
Prevention Act ("PPA"), 42 U.S.C. §§ 13101 through 13109, particularly
the goal of reducing the generation of pollution at its source, preferentially to
the recycling, treatment and/or disposal of such waste.
3.0 AUTHORITY. Section 6604(b)(5) of the PPA, 42 U.S.C. § 13103(b)(5),
directs U.S. EPA, among other things, to facilitate the adoption of source
reduction techniques by businesses, including the distribution of source
reduction information to businesses.
-------
Memorandum of Understanding
U.S. EPA and AHA
Page 2 of 8
4.0 ROLES AND RESPONSIBILITIES OF THE PARTIES. The Parties intend to
undertake the following activities pursuant to this MOU:
1. Virtual Elimination of Mercury Waste. The Parties intend to work
together to develop a Mercury Waste Virtual Elimination Plan that will
set forth a strategy for achieving the goal of virtually eliminating
mercury-containing waste from the health care industry waste stream
by the year 2005.
2. Total Waste Volume Reduction. The Parties intend to work together
to develop a Model Waste Volume Reduction Plan that will assist in
reducing the total volume of all wastes (including both regulated and
non-regulated waste) generated by the health care industry, with an
initial goal of achieving a thirty-three percent (33%) reduction in all
hospitals by 2005 and an overall goal of achieving a fifty percent
(50%) reduction by 2010.
3. Seminars. The Parties intend to co-sponsor a series of Health Care
Industry Waste Management Seminars ("Seminars") to be held at
various locations across the United States. The Seminars will be the
primary vehicle by which technical information on P2 opportunities will
be transferred to the health care professionals, and will focus upon
transferring technical information related to decreasing health care
industry waste volume, minimizing the production of PBT pollutants,
improving waste stream segregation, reducing waste management
costs and ensuring regulatory compliance for regulated waste streams.
4'. Software Distribution. In order .to facilitate the successful completion
of the Seminars and the virtual elimination of mercury-containing
waste, U.S. EPA intends to provide for distribution at the various
Seminars up to 300 copies of the software program entitled "Mercury
In Medical Facilities" that has been developed by Purdue University
with assistance from the Region 5 Software Development Unit
("SOU"). Purdue University maintains a copyright on this software
program, but, insofar as the software was developed with Federal
Government assistance, the software may be freely copied and
- disseminated. The Parties will mutually decide how the up to 300
total software copies will be distributed among the various Seminars.
-------
Memorandum of Understanding
U.S. EPA and AHA
Page 3 of 8
Industry P2 Information. AHA intends to develop baseline information
on the P2 activities of the health care industry and to monitor P2
progress over time. To obtain this information, AHA will develop, with
review and comment by U.S. EPA, an information questionnaire to be
distributed to health care professionals by AHA at various times in the
future. The first distribution will be used to determine the baseline P2
information and subsequent distributions will be used to monitor
industry P2 progress. AHA will gather all responses to the
questionnaires. Insofar as U.S. EPA will not be sponsoring the
distribution of the questionnaire, the distribution of the questionnaire is
not subject to the requirements of the Paperwork Reduction Act
("PRA"), 44 U.S.C. §§ 3501 through 3520.
Review of Industry P2 Information. Throughout the duration of this
MOU, the Parties intend to work together to review and compile the
information obtained from the baseline and progress questionnaires
(Item #5). U.S. EPA agrees that, unless required by law, the identity
of any survey participant need not be revealed by AHA to U.S. EPA.
From this information, the Parties will be able to disseminate more
effectively P2 information and to monitor the success of the Mercury
Waste Virtual Elimination Plan (Item #1) and the Model Waste Volume
Reduction Plan (Item #2).
Chemical Waste Minimization. The Parties intend to work together to
develop, for various kinds of chemical waste, a Model Chemical Waste
Minimization Plan ("'Model Plan"). The first Model Plan will pertain to
mercury-containing waste ("Model Plan For Mercury"). The Model
Plan For Mercury is presently being developed by the State of Illinois
with assistance from U.S. EPA.' When that plan is completed,
U.S. EPA, with comments from AHA, will make such modifications to
the Model Plan For Mercury as are necessary to reflect current
knowledge, best management practices and any other circumstances
experienced by the health care industry. Other chemical wastes will
be addressed by future Model Plans. AHA intends to disseminate each
Model Plan to as-wide an audience in the health care industry as is
reasonably possible. Both AHA and U.S. EPA intend to make each
Model Plan available to the public on their respective Internet home
pages. Each such Internet presentation shall properly reflect the
relative contributions of the Parties and any third party (such as the
-------
Memorandum of Understanding
U.S. EPA and AHA
Page 4 of 8
State of Illinois with respect to the Model Plan For Mercury) to the
development of the particular Model Plan.
8. Ethylene Oxide and PBT Pollutant Information. The Parties intend to
work together to investigate P2 opportunities with respect to ethylene
oxide and PBT pollutants.
9. Industry Input on U.S. EPA Guidance. To the extent feasible and
practical, U.S. EPA will solicit comments by AHA and the AHA
Environmental Leadership Council (as established pursuant to this
MOU) on U.S. EPA's policies and technical guidance specifically
affecting the health care industry's waste streams. AHA's comments
will be limited to the practicality and feasibility of the matters set forth
in the policies and technical guidance. Such input shall not be sought
with respect to any adjudication or any rulemaking that is subject to
the potice-and-comment requirements set forth in the Administrative
Procedure Act ("APA") at 5 U.S.C. § 553(b).
10. AHA Environmental Leadership Council. AHA will develop an AHA
Environmental Leadership Council ("the Council") that will be
responsible for making recommendations to the AHA on educational
and outreach activities, recommending content experts to participate
in programs and/or the development of products such as the Model
Plans, monitoring progress toward established environmental goals,
selecting the award recipients for national recognition programs, and
assisting in the publication of an annual report documenting the
hospital industry's progress toward P2.
11. Awards/Recognition. The Parties intend to work together to determine
national- "success stories" of the implementation of P2 activities
toward health care industry waste generation. Successful P2 activities
shall be recognized by awards or other recognition by U.S. EPA, AHA
and/or the Parties acting jointly.
4.1 The Parties understand-that other organizations and/or coalitions who
promote environmentally responsible practices have a vested interest in the
goals described in this MOU. Furthermore, the Parties recognize that these
stakeholders play an important role in the partnership to advance P2 in the
health care industry. In recognition of this fact, the Parties will allow for the
-------
Memorandum of Understanding
U.S. EPA and AHA
Page 5 of 8
participation of stakeholders in the manner set forth in Attachment #1 to this
MOU.
5.0 ' FUNDING. The Parties shall attempt to secure reasonable funding to allow
for the successful completion of the activities described herein. Both Parties,
however, expressly acknowledge that the activities under this MOU shall be
subject to the availability of appropriated funds and personnel of each Party,
or the approval of other sources of funding. Nothing in this MOU or
elsewhere shall be construed as establishing a contract (or other legally
binding commitment) obligating U.S. EPA or AHA to provide money, goods
or services of any kind to any legal entity.
6.0 AGREEMENTS. In order to foster the successful completion of this MOU,
the Parties agree to the following terms and conditions:
1. Each Party pledges in good faith to go forward with this MOU and to
further the goals and purposes of this MOU, subject to the terms and
conditions of this MOU. The Parties shall attempt to resolve disputes
through good faith discussions. .
2. Either Party may unilaterally withdraw at any time from this MOU by
transmitting a signed writing to that effect to the other Party. This
MOU and the public/private partnership created thereby shall be
considered terminated sixty (60) days from the date the
non-withdrawing Party actually receives the notice of withdrawal from
the withdrawing Party.
3. By mutual agreement, which may be either formal or informal, the
Parties may modify the list of intended activities set forth in Paragraph
4.0 above and/or determine the practical manner by which the goals,
purposes and activities of this MOU will be accomplished. However,
any modification to any other written part of this MOU must be made
in writing and signed by both Parties or their designees.
4. Nothing in this MOU shall be construed to authorize or permit any
violation of any Federal, State or local law imposed upon the Parties,
' including, but not limited to, the PRA, APA, or the Anti-Deficiency
Act, 31 U.S.C. § 1342.
-------
Memorandum of Understanding
U.S. EPA and AHA
Page 6 of 8
5.' Nothing in this MOU shall be construed to authorize or permit any
violation of any Federal, State or local law, including, but not limited
to, any environmental law administered and/or enforced by U.S. EPA,
by any person, including, but not limited to, any health care provider
organization.
6. AHA agrees that it does not expect, nor will it ever seek to compel
from U.S. EPA in any judicial forum, the payment of money, services
or other thing of value from U.S. EPA based upon the terms of this
MOU. The foregoing provision does not in any way affect any legal
rights accruing to AHA by virtue of any other law, contract and/or
assistance agreement.
7. AHA understands and acknowledges-that, as an institution of the
Federal Government, U.S. EPA has a duty to refrain from providing any,
commercial entity ah exclusive privilege without receiving payment
therefor and, as a consequence, that U.S. EPA's relationship with AHA
in no way affects, alters or otherwise constrains U.S. EPA's right to
provide similar (or identical) services to, or establish similar (or
identical) relationships with, any other entity.
8. AHA understands that U.S. EPA's participation in this MOU does not
constitute an endorsement, express or implied of (a) any policy
advocated by AHA, the Council or any stakeholder; or (b) any good or
service offered or sold by AHA, the Council or any stakeholder.
9. Insofar as U.S. EPA's participation in this MOU consists of rendering
technical assistance to accomplish the goals of the MOU, U.S. EPA
expressly reserves the right to abstain from expressing a position,
either formal or informal, on any matter of law, policy or science
related in any way to the subject matter of this MOU, including, but
not limited to, any matter of law, policy or science related to any PBT
pollutant. Nothing in this MOU shall constitute any commitment by
U.S. EPA to investigate or re-investigate any position, either formal or
informal on any matter of law, policy or science.
10. AHA shall maintain full right, title and interest in any intellectual
property right, including a copyright, in any work product developed
solely by AHA under this MOU. Intellectual property developed by
AHA with financial assistance from U.S. EPA shall be subject to the
-------
Memorandum of Understanding
U.S. EPA and AHA .
Page 7 of 8
conditions set forth in U.S. EPA's applicable assistance regulations
(e.g., 40 C.F.R. § 30.36). Any intellectual property developed
collaboratively by the Parties will also be governed by the Federal
Copyright Statute at Title 1 7 of the United States'Code or by the
Federal Patent Statute at Title 35 of the United States Code.
11. Information on source reduction received by U.S. EPA pursuant to this
MOU shall be made available to the public pursuant to Section 6606(b)
of the PPA, 42 U.S.C. § 13105(b).
7.0 PRIMARY CONTACTS. The Parties intend that the work under this MOU
shall be carried out in the most efficient manner possible. To that end, the
Parties intend to designate individuals that-will serve as primary contacts
between the Parties. The Parties intend that, to the maximum extent
possible and unless otherwise approved by the other Party, all significant
communications between the Parties shall be made through the primary
contacts. The designated primary contacts for the Parties are listed in
Attachment #2 to this MOU.
[MOU continues on next page]
-------
Memorandum of Understanding
U.S. EPA and" AHA
Page 8 of 8
8.0 TERMINATION. Unless extended by a written agreement executed by both
Parties, this MOU shall terminate exactly five (5) years from the date upon
which this MOU becomes fully executed by all signatories listed below.
The Parties, on this 24th day of June, 1 998, hereby agree to the foregoing MOU,
which shall be effective immediately upon full execution by the signatories listed
bejow.
For the United States Environmental Protection Agency:
Dr. William H. Sanders, III, Director
Office of Pollution Prevention and Toxics
Office of Prevention, Pesticides and Toxics
David A. Ullrich
Acting Regional Administrator
U.S. EPA, Region 5
For the American Hospital Association:
Jonathan T. Lord, M.D.
Chief Operating Officer
American, Hospital Association
-------
Memorandum of Understanding
U.S. EPA and AHA
Attachment #1 Pa9e 1 of 2
ROLES OF THE PARTIES AND THE STAKEHOLDERS
In addition to those roles expressly stated in the body of the MOU, this attachment
sets forth the respective roles of the Parties and the stakeholders as they relate to
fulfilling the goals of the MOU.
The term "stakeholders" refers to organizations representing both public and private
sectors who have a vested interest in the outcome of the efforts and goals
described in the MOU. Stakeholders would include, but not necessarily be limited
to, the Health Care Without Harm Coalition, the Healthcare Resource Conservation
Coalition, allied state and metropolitan healthcare associations, state, local and
governmental environmental agencies and other health care organizations.
As set forth below, the Parties and the stakeholders will have representation on the
AHA Environmental Leadership Council established by Paragraph 4.0(10) of the
MOU.. In creating and facilitating the activities of the Council, AHA will develop a
process by which the Council will conduct its activities. That process will provide
each Party and stakeholder with each of the following: (1) full opportunity to
participate in Council discussions on matters coming before the Council; (2) full
opportunity to voice opinions, ideas and/or suggestions on the matters coming
before the Council; (3) the right to recommend matters for consideration by the
Council; and (4) the opportunity to propose modifications to the process by which
the Council operates. The AHA .will also endeavor to provide the Parties and
stakeholders with (1) the information needed to foster open and honest discussions
of matters coming before the Council; and (2) an explanation of how the
participants' input was, or was not, utilized by AHA.
Role of the AHA:
[1] The AHA shall be responsible for managing AHA's human and financial
resources necessary to achieve the goals of the MOU.
[2] The AHA will develop the AHA Environmental Leadership Council
established pursuant to the MOU.
[3] The AHA shall manage and implement the initiatives identified in this
MOU in partnership with U.S. EPA and the stakeholders. These
initiatives shall include the development of educational and outreach
activities, the creation of products such as the Model Plans, the
-------
1'"!!!!' •'
-------
Memorandum of Understanding
U.S. EPA and AHA
Attachment #2
Page 1 of 1
LIST OF DESIGNATED PRIMARY CONTACTS
For the AHA:.
Katherine Svedman
Executive Director
American Society, for Healthcare
Environmental Services
American Hospital Association
One North Franklin
Chicago, Illinois 60606
Phone: (31 2) "422-3860
FAX: (3.12) 422-4571
E-Mail: ksvedma1@aha.org
For Media Issues:
Alicia Mitchell
Media Relations Office
American Hospital Association
325 Seventh Street, N.W.
Washington, D.C. 20004
Phone: (202) 626-2339
FAX: (202) 626-2345
E-mail: amitche1@aha.org
For the U.S. EPA:
Chen Wen
Hospitals for a Healthy Environment National Coordination Team
Pollution Prevention Division
Office of Pollution Prevention and Toxics
USEPA - MC7409
401 M St. S.W.
Washington, D.C. 20460
PH: (202) 260-4109 . .
FX: (202) 260-0178
email: wen.chen@epa.gov
-------
------- |