OOON87005 NEWS FOR AIVP ABOUT EPA EMPLOYEES Performance Agreements Employee Wellness Pension Losers? VOLUME 4 NUMBER 9 SEPTEMBER 1987 A New Look in Performance Agreements This year performance agreements will be easier to prepare and keep up-to-date. Employees, managers and supervisors can thank two regional employees for triggering a complete revision and upgrading of the performance-agreement package. Horst Witschonke, an engineer in the Chicago Region and Norma Rhea, Kansas City Region, came up with a way to reformat performance standards for compatibility with existing word-processing technology. That prompted the Personnel Management Division (PMD) to take a fresh look at the entire performance agreement and appraisal form with an eye to simplification and automation. The new, improved Performance Agreement, Appraisal and Certification form replaces the old form as of October 1, 1987, for FY 88. Clarence Hardy, Director of Personnel, approved cash awards for each employee. Valdas Adamkus, Regional Administrator in Chicago, and Robert Layton, Jr., Regional Administrator in Dallas, presented the awards. Horsl Witschonke, Hegion 5 Women's Equality Day The 19th Amendment to the Constitution, which gave women the right to vote, became law on August 26, 1920. President Reagan therefore proclaimed August 26 as Women's Equality Day in recognition of this significant event in our country's history. Lee Thomas, EPA Administrator, noted that the Agency's women have demonstrated "the highest professional qualities through their vision, dedication, competence and perseverance in carrying out our mission. They can be very proud of their achievements here." Thomas predicted that the role of women will keep expanding in the years ahead. National Employ The Handicapped Week October 4-10, 1987 was designated as National Employ the Handicapped Week, a time to honor those whose physical, mental or emotional limitations have not stopped them from doing outstanding work. The Agency also recognized managers and supervisors who have taken the initiative in providing career opportunity for the disabled. Various activities were conducted to observe the week throughout the Agency as part of its continuing effort to exploit the full potential of our human resources. Those Indispensable SiSers by James C. Ballentine One vital but often unnoticed link in the chain of the Agency's daily labors is the stay-in-school or SIS employee. Such students provide valuable services to many EPA offices. They not only run errands and make those urgent copies, but perform secretarial and clerical duties as well. Some offices have been surprised by how dependent they have become on these highly motivated young people, who are working their arduous way through high school or college. Without the opportunity EPA offers, few of them could get a firm grip on that bottom rung of the occupational ladder. Many are learning the principles of "eco-ethics" right here. Who knows how many may return to EPA someday as professionals and rise to the top? Nine Percent Thrift Rate Money invested during September in the federal employees thrift savings plan will earn nine percent interest, according to the Federal Retirement Thrift Investment Board managing the six-month-old, tax-deferred fund. Made up of employee and government contributions, the fund has reached $627 million and is growing by nearly $5 million a day. Almost one million of the government's 2.8 million employees are in the plan. The thrift savings plan is a feature of the new Federal Employees Retirement System (FERS), but it is open to old and new federal workers at all levels. Although the plan is identical in concept to tax-deferred savings plans in the private sector, analysts say the federal program is more generous because of the high percentage of salary workers may invest and the partial matching contributions from government. All money invested in the fund this year goes into a so-called G-Fund comprising guaranteed Treasury securities. The interest rate changes monthly; in August the fund paid 8.75 Continued to next page ------- Employee Wellness by Lee Thomas, Administrator We have made great strides in human resources initiatives in this Agency, and I am pleased that we can now step up our efforts in employee wellness. OPM, OMB and GSA have revised their regulations to allow the use of appropriated funds for educational programs on stress management, smoking cessation, nutrition and related subjects, and to support employees committed to physical fitness. I commend the efforts of some of our EPA Offices and Regions in this matter and believe that wellness should be an integral part of our human resources program. Our time is paid for by the taxpayers, so we owe them our best. Studies have shown that productivity and morale have risen substantially in companies promoting mental and physical health. Therefore, I consider it good management and a wise use of public funds to strive for the following goals. • Become partners with employees in providing scientific exercise programs that, with appropriate medical oversight, can upgrade cardiovascular and cardiopulmonary fitness, strength- conditioning and musculoskeletal motility. • Support exercise commuting by providing showers, change-rooms and secure bike storage. • Offer education on current health topics such as nutrition, smoking and stress management. • Schedule work hours and lunch periods to accommodate employees who wish to participate in sponsored fitness. • Promote employee counseling, occupational health and safety, and subsidized physical examinations. The Office of Personnel Management, assisted by the President's Council on Physical Fitness and Sports, is developing new guidance and program models for this fall. I look to the Office of Administration to provide leadership for employee wellness and to our regional directors and office managers to develop wellness programs within their jurisdictions. Contact Bob Magor, Director of Fitness and Wellness, on FTS 475-7366 with your questions or suggestions. Pension Losers? An outside consulting firm warns that many federal and postal workers stand to lose major pension benefits by staying with the old civil service retirement system. Between now and December 31, employees covered by CSRS can switch to the new Federal Employees Retirement System. FERS offers benefits based on Social Security, a modified federal annuity and earnings from investments in the tax-deferred thrift savings plan. So far, fewer than two percent of those eligible to switch to the new pension program have done so. Chambers Associates declares that in 30 percent of the cases it has reviewed, workers would be financially better off in retirement if they moved into the FERS program, even if they made no contribution to the savings plan. If the same group contributed even five percent of pay to the tax-deferred program, the company claims, 54-57 percent would be better off under FERS. At 10 percent the benefits are even greater. For information call 857-0686. Bicentennial Constitution This year we are celebrating the Bicentennial of the United States Constitution. A personal copy of the Constitution has been delivered to each employee to enhance understanding of this historic document. Read it. Rededicate yourself to the principles guaranteed by the Constitution and reaffirm your commitment to the responsibilities of citizenship. Ignorance and self-absorption, as Jefferson said, are death to democracy. Youth Outreach, R-2 The outreach program for kids in Region 2 has been accelerating, according to Isabel Funcia, regional community relations specialist. The Region has formally adopted Niagara Falls High, and has begun to participate in a number of student programs at other schools as well. Ken Stoller, Niagara Frontier Program Manager, has organized a series of monthly lectures on diverse environmental themes for Falls science classes. State government officials, expert consultants and public health types conducted 12 programs on radon and Superfund over a six-week period for the eighth-grade science class at Glen Ridge (NJ) Middle School. Areas of Glen Ridge and neighboring Montclair are Superfund sites with homes built on radon-contaminated soils. A demonstration of EPA's chopper highlighted a recent Science Fair at the Lafayette Middle School in Chatham Township, NJ. "The goal of our youth program is to help elementary and high school students understand their environment and how their actions affect it, and the difficult decision-making process behind protection of the environment and public health," Ms. Funcia said. Thrift Rate continued from page ^ percent, in July 8.5 and in June 8.625. Employees covered by the new FERS system can invest up to 10 percent of pay or a maximum of $7,000 this year. Those who invest five percent or more also get a tax-deferred five-percent matching contribution from government. Even | those who invest nothing get a one-percent contribution each payday from government. Federal workers who stay with the old Civil Service Retirement System can put five percent of their pay into the tax-deferred savings plan, but they get no matching contribution unless they switch to FERS during the enrollment period ending December 31. The EPA Times is published monthly for EPA employees Readers are encouraged to submit news about themselves or fellow employees, letters of opinion, questions, comments and suggestions to the Editor. The EPA Times, Office of Public Affairs (A-107). Telephone: 475-6643. Items selected for publication may be edited to accommodate space available. Editor: Don Bronkema Departments: Marilyn Rogers ------- Alternative Dispute Resolution Final guidance on the use of alternative dispute resolution (ADR) techniques in enforcement actions was recently promulgated after review by EPA headquarters and regional offices, the Department of Justice and representatives of the regulated community. EPA also sought the advice of leading ADR professionals, including many of the renowned participants at a recent colloquium sponsored by the Administrative Conference of the United States. Reaction to the draft guidance was overwhelmingly favorable and helpful. The guidance now more clearly distinguishes the uses of binding and non-binding techniques, emphasizes the need to protect confidentiality of conversations before a neutral, and includes model agreements and procedures for each ADR technique. ADR employs third-party neutrals to aid in the resolution of disputes through arbitration, mediation, mini-trials and fact-finding. It is being used increasingly to resolve private commercial disputes. EPA is likewise applying forms of ADR in various contexts: negotiated rulemaking, RCRA siting and Superfund remedial actions. ADR holds the promise of lowering transaction costs both to the Agency and the regulated community. ADR is a new, innovative and potentially more effective way to accomplish results EPA has sought for years using conventional enforcement techniques. The Agency will, however, adhere strictly to the principle that, one way or the other, the regulated community must comply with environmental laws. The following will be undertaken to utilize ADR more effectively. • Training. Some may fear that fewer adversarial initiatives means the agency will be seeking less rigorous settlements. That is not the case. Staff must be trained in what ADR is, what it is not, and how it can help meet compliance objectives. This will be accomplished by making presentations at national program and regional counsel meetings, and by consulting on particular cases. • Outreach. EPA must demonstrate to the regulated community that the Agency is receptive to suggestions about using ADR in a given case. Nominating a case for ADR should not be viewed de facto as a sign of weakness in either party. After additional experience, EPA will conduct a national conference to popularize ADR. • Pilots. Ultimately, the value of ADR must be proven in pilot cases. ADR is being used to resolve an important municipal water-supply problem in Sheridan, Wyoming. Two recent TSCA settlements also utilized ADR to forestall disputes in conducting environmental audits under consent agreements. The applicability of ADR to additional cases must be explored. Lee Thomas has challenged assistant and regional administrators to help apply ADR to the enforcement process, to wrap ADR criteria into future program guidance, to include discussions of ADR at upcoming national meetings, and to review enforcement actions now under development, plus cases already filed, to find those resolvable by ADR. Each Region will be expected to nominate at least one ADR case for FY 88. The CAA and Indoor Air In a recent letter to the Chairman of the Senate Subcommittee on Environmental Protection, Jim Barnes clarified the Agency's position on whether the Clean Air Act applies to indoor air pollution. He said research is explicitly authorized in the recently enacted Superfund Amendments and Reauthorization Act of 1986, P.L. 99-499, which included as Title IV the "Radon Gas and Indoor Air Quality Research Act of 1986." The latter Act directs the Administrator to establish a research program and submit a report to Congress on the results. Such research also appears to be authorized under most EPA-administered statutes where it furthers a statutory purpose, e.g., by helping EPA to reach regulatory decisions on indoor uses of toxic substances, or by helping EPA assess the cumulative effects of multiple exposures to a pollutant such as lead or carbon monoxide. Moreover, Congress has appropriated funds specifically for such research and urged EPA to expand its plans to study indoor air. Vide Housing and Urban Development—Independent Agencies Appropriations Act, 1985, P.L. 98-371, 98 Stat. 1222 (1984); H.R. Rep. 98-803, 98th Cong., 2nd Sess. 21 (1984). In general, Barnes said, EPA does not interpret the Clean Air Act (CAA) as authorizing regulation of indoor air pollution. However, the Agency does regulate or plans to regulate substances and pollutants under several other statutes that do directly affect indoor air quality, including the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), the Toxic Substances Control Act (TSCA), the Resource Conservation and Recovery Act (RCRA), and the Atomic Energy Act (AEA). Acid Damage Assessment Jim Barnes recently commended the Clean Air Scientific Advisory Committee for its review of OPPE's assessment of damage caused by acid deposition. Many of CASAC's recommendations have already been implemented by OPPE and ORD. EPA's goal is to improve understanding of the types and levels of damage induced by acid deposition, as well as public perception of the threat. Damage functions of much higher reliability are being developed for galvanized steel, painted surfaces and carbonate stones (as in monuments and building facades) and better inventories are being compiled. Of particular interest is a series of experiments the Agency is conducting to determine which pollutants damage paints, the mechanisms of damage and the best techniques for relating microscopic chemical changes to perceptible phenomena such as peeling and cracking. An extensive effort is also underway to obtain and analyze survey data collected by the Electric Power and Research Institute on maintenance practices. Emphasis is being placed on how building owners perceive damage and how they respond by altering maintenance levels and methods. It is EPA's belief that these efforts, combined with the implementation of the remaining recommendations in the Committee report, will produce reliable and accurate ------- assessments of the economic damage caused by acid deposition on materials. As recommended, estimated total costs from acid deposition in the 1986 Mathtech report will not be used in the sulfur oxides national ambient air-quality-standard rulemaking process. The report will, however, complement the 1982 Mathtech supply/demand model now incorporated into the draft regulatory impact analysis for sulfur oxides. SO2 Options Managers may be interested in certain elements of Lee Thomas' recent response to an interrogatory by the House Subcommittee on Oversight and Investigations on acid rain control and sulfur dioxide emissions. According to a WasJiington Times article, "environmentalists want the government to clean up older power plants". Indeed, because of the long service lives projected for many existing plants, a solution to acid rain and related regional air-quality problems may well require some additional SO2 emissions reductions from existing plants. A second quotation implies that industry supports the development of new technology as a ploy to avoid acid rain controls. This is certainly not a tactic employed by EPA—its position is that until scientific uncertainties have been clarified, an acid-rain control program would be premature. EPA also supports the development of clean-coal technology to expand the menu of cost-effective and environmentally sound control measures. According to a third quotation from the Times article, "utilities are extending the life of older plants beyond the normal 30 to 40 year life-span to keep their grandfathered status". EPA generally agrees with the assertion of the Edison Electric Institute that there is no "normal" expected life for a power plant unit, and that it is increasingly difficult to predict how long older plants will remain in service. Unit retirement decisions are made on a case-by-case basis depending on site-specific and utility- system conditions and needs. Economic conditions have encouraged utilities to keep generating units in service beyond a "typical" 40-year life-span, but this tendency does not appear to be driven by environmental constraints. EPA analysis also indicates that retrofitting existing units with scrubbers, though expensive, would still cost substantially less in most cases than replacing old plants in toto. The Times article also argues that because scrubbers do not remove nitrogen oxide, they do not address an important component of acid rain. Whereas this statement is true, it is no argument against scrubbers. Many of the innovative retrofit technologies now under development or being considered for demonstration are designed to control either SCh or NOx, but few deal simultaneously with both. With regard to load management, conservation and co-generation strategies in reducing utility emissions and control costs, EPA believes they should play a positive role in conjunction with utility emissions control programs. The impacts and means of implementing such methods are not well understood; they are also dependent on regional and utility-specific conditions. Emission-rate-based control requirements, such as those embodied in last year's H.R. 4567 and this year's H.R. 2666, do not give credit for conservation and, in fact, provide a strong disincentive. Federal Facilities Compliance The issue of EPA's management of federal facilities compliance was raised at recent internal budget hearings. Following some discussion, the Administrator has decided that a "White Paper" should be developed and has directed Jennifer Joy Wilson, Assistant Administrator for External Affairs, to conduct a thorough examination of this matter with the participation of regional and media program offices. The results are to be presented at the next Regional Administrators' meeting in Denver, October 14-16. Dick Sanderson, Director, Office of Federal Activities, is serving as overall project manager for the study. Alex Smith, Deputy Administrator, Region 8, and her staff have agreed to serve as lead region and coordinate information-gathering and analysis of materials. Federal facilities present unique challenges from the standpoint of compliance with federal statutes. Agency management must recognize the distinctive needs of this portion of the regulated community and be able to provide technical assistance while insisting on appropriate enforcement. Restoring the Earth The first national gathering to consider the restoration of natural resources and the redesign of urban areas will be held January 13-16 at the University of California, Berkeley. The conference is organized by the Restoring the Earth project of the Tides Foundation, San Francisco, and co-sponsored by the College of Natural Resources and the Center for Environmental Design Research at U.C. Berkeley. Proceedings will be published by the Center. The conference will bring experts in natural resource restoration and management together with a panoply of academic, government, industry, foundation, labor, public health and environmental representatives; upgrade the exchange of scientific information and detail restoration techniques. Topics include coastal ecosystems, estuaries, rivers, lakes, streams, fisheries, rangelands, prairies, mined lands, forests, wildlife, atmosphere and climate, dry and farm lands, urban environmental planning and control of toxic wastes. Refereed papers will be presented at scientific and technical sessions. Non-technical seminars will include accounts of restoration successes and discussions of policy issues, legislation, litigation, trends and conflict resolution. The program embraces keynote panels, plenary sessions, workshops, films and exhibits. Formal deadline for papers was October 15, 1987, but you might wish anyway to submit "on spec" four copies of abstract (title and 200-400 word descriptions of proposed 20-minute presentations). Final text of accepted papers will be due November 30, 1987. Information is available from Restoring the Earth Conference, 1713-C Martin Luther King Jr. Way, Berkeley, CA 94709 or 415-843-2645. ------- |