JVEWS FOR ^JVD ABOUT EPA. EA4PLOYEES Inside: • Open House • Meetings OOON88004 VOLUMES NUMBER 7 JULY 1988 Barnes to the Academy Lee Thomas has announced the imminent departure of Jim Barnes to become Dean of the Indiana University School of Public and Environmental Affairs. "I certainly don't need to reiterate the innumerable accomplishments Jim has achieved while at EPA, first as Special Assistant to Bill Ruckelshaus at the beginning of EPA, and then as General Counsel and Deputy Administrator during the last four years. Indiana University is gaining an outstanding administrator and public-policy expert to lead its innovative, far-reaching programs." Fortunately for EPA, Thomas said, Barnes will remain here into August to wind up his varied duties, projects and responsibilities. "Given the important matters facing the Agency over the next several months, his continued leadership and advice will be particularly appreciated." n Money Congress has decided to give federal workers a four-percent pay raise—that would be the biggest civil service boost since 1984. This year federal employees got two percent; in 1987 three percent. In 1986 there was no increase, and in 1985 they received 3.5 percent. For the average white-collar, Washington-area civil servant who is paid $33,360 a year, a four-percent raise would be worth $51.32 per paycheck, or $1,334 a year. Since this is an election year, Congress may exclude itself; that would temporarily put the lid on members of the Senior Executive Service, some Grade 16s and all GS-17s and 18s, since by law neither Congress nor senior bureaucrats can get a raise unless both get one. But afterwards a special commission will probably recommend hefty 1989 raises for top officials of the executive, legislative and judicial branches. President Reagan would then submit his own pay proposal to Congress, effective automatically unless Congress objects, a Indoor Air John Chamberlin, Director, Office of Administration, has postponed installing new carpets and partitions in Waterside Mall until the Agency can determine their effect on air quality and employee health. "We are taking a number of actions under a task force headed by Jack McGraw and me to deal with this problem," Chamberlin said. The OSWER Environmental Response Team is monitoring air quality, the ORD Environmental Monitoring and Support Laboratory in RTF is studying these materials in special chambers, a mechanical engineer has been engaged to evaluate selected air handling systems, and the Agency is arranging for the services of a special occupational physician to consult with employees whose health may have been impacted. "Our preliminary analysis has not identified any specific cause of the problem," Chamberlin declared. "We will continue our investigations and regularly inform staff of our progress." Questions should be addressed to David Weitzman, Director, Occupational Health and Safety Staff, 382-3640. Chamberlin said he is confident "we can resolve this problem in a way that will provide a model for the nation. We will then resume our renovations to provide high-quality space without the kinds of illnesses we have experienced in the recent past." Meanwhile, Local 2050 of NFFE has taken the position that management should remove the suspect carpet, recover any losses from the manufacturer, and flush the air system thoroughly. Relocation of staff into the new area could then proceed after, monitoring to assure that no toxic residues remain. The Union is preparing a cost-risk-benefit analysis, and is asking the Agency to investigate use of non-toxic materials for renovations at headquarters. Finally, a bill, S.1629, has been tossed into the Senate hopper to ensure that any new building constructed for use by EPA as headquarters shall be "designed, constructed, maintained and operated as a model to demonstrate principles and practices for protection of indoor air quality." D Politics and Public Service Most federal managers, far from being stereotypical knee-jerk liberals, voted for Ronald Reagan in 1980 and 1984, according to a survey of 3,500 of them released a few weeks ago. The survey of mid- and upper-level federal executives across the country by Government Executive magazine found that 65 percent voted for Reagan in 1980 and 60 percent for his reelection in 1984. However, the survey confirmed the widespread belief that the government has suffered a brain drain and that morale has fallen under Reagan to an all-time low. Most federal managers would not recommend a government career to young people. The magazine found that nearly two-thirds of managers who responded think the executive branch operates more effectively under the Republicans than the Democrats. At the same time, most believe the Reagan defense buildup has produced gargantuan waste. A surprising 45 percent of the executives who replied believe budget cuts have not gone far enough. Nearly 60 percent are willing to entertain such practices as contracting out and imposing user-fees under certain circumstances. Most think deregulation should continue and that more responsibilities should be handed over to state and local governments. But, conservative as they are on public policy, federal managers are tigers on changing the salary system. Overwhelmingly, they favor the concept of pay according to performance. Fully 75 percent feel the current pay system is unfair and counterproductive. They are eager for more scale experimentation, higher pay in higher-cost areas, and remuneration that reflects the going rates in various occupations. Charles Levine, professor of public administration at American University and deputy director of the National Commission on the Public Service, said the survey should help convince the next president that "although top bureaucrats are conservative in their policy preferences, they are quite receptive to reforms artfully designed and implemented to revitalize the civil service." D Why Meetings Fail Recent studies by scholars at the Wharton School, Harvard, Yale and Tubingen may compel executives in both public and private sectors to change the way they organize and conduct meetings. It turns out that groups work best when a Continued on next page ------- Continued from page 1 productive balance is kept between "monkey business" and task focus, when the right people are excluded and when fine-tuning and brainstorming are left to creative individuals, not committees. Even more important may be not calling meetings at all—up to 30 percent are supernumerary and can be handled by memo or phone call. The typical offender against "conferential efficiency" is the manager who repeatedly brings people together even when their concerns are unrelated. Each comments in turn; meanwhile the others nap because they have no interest in what's going on. Unless all participants get something out of the meeting, not just the leader, resentment builds up over wasted time. Problem-solving groups need a balance between intellect, creativity and pragmatism; attendees should be diverse in technical background, so that fatal flaws in group-think can be detected before momentum builds behind "obvious" but disastrous solutions. Incompatible personalities, say the experts, can be manipulated by structuring groups whose members are roughly equivalent on measures of assertiveness. The power arena needs attention, because nobody undermines success more than the control-happy, eager-beaver type who blasts everybody and tries to take over. The "genius" won't fit in either unless members have the confidence to welcome and channel his idiosyncratic views. One universal rule: keep groups limited in size. The bigger they are, the worse they do. A case in point: six-person juries reach the same conclusions as 12-person types, but they take only half as long to do so and are less likely to hang up on small points. When you consider that top managers spend 23 hours per week in meetings, small groups could liberate them for more time on analysis, policy, and planning, n The Office of General Counsel (OGCJ support staff sponsored a workshop entitled "Critical Elements of Selling Yourself in (lie Job Market" on May 12, 1988. The workshop was. conducted by Frank T. Davis, Special Assistant to the Comptroller of the Government Accounting Office, and assisted by Toni Jenkins. More workshops are being planned for the near future. Bottom row, 1-r: D. Anderson, S. Brown, C. Monroe, S. Ethridge. Top row, 1-r: E. Christian, B. E//iot, K. Lewis, D. Warrick, D. Washington, /. Cross, G. Earmer, /. Hawkins, F. Davis, T. Jenkins, S. Butler, B. Follins, D. Hudson, C. Graham. Photograph by Steve Delaney. a Open House The EPA Library recently celebrated the second anniversary of its hazardous waste collection and database with a highly successful open house. A broad spectrum of managers dropped by to observe demonstrations of the waste database, including a new user-friendly menu and manual, a thesaurus of keywords, an OSWER electronic bulletin board and an online Superfund encyclopaedia. Hazardous waste videotapes were also screened continuously for an intrigued audience of managers and outside guests. Monique Currie, Beth Ann Kyle, and Jim Keys organized the open house and hope to follow up with additional programs. Win Porter, AA for OSWER, is shown below checking to see how the flexible new system can help managers keep track of the action in the waste and Superfund arenas. For additional information on services, call Jim Keys, 475-8236. n NSAC Officers A new slate of officers assumed leadership of EPA's National Secretarial Advisory Committee at its spring conference in Atlanta, Georgia, May 3-5. Joan Price of ORD's Environmental Research Laboratory in Athens, Georgia, will serve as chairperson, Evelyn Wray of headquarters as vice chairperson, and Cheryl Klebenow of Region 5 as recording secretary. Communications contacts will be Martha Isaac of Region 2 for Regions 1-5, Dina Granado of Region 6 for Regions 6-10, Robin Shoemaker of EMSL-Las Vegas for the West Coast labs, Kit Chappell of AEERL-RTP for East Coast labs, and Shirley Waugh of the Office of Pesticides and Toxic Substances for headquarters, n 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 ------- Committee On Global Climate To provide an interagency forum for the development of response strategies, EPA will establish an Interagency Policy Committee on Global Climate Change, reporting through the Working Group on Energy and Natural Resources to the Domestic Policy Council of the President. The Committee will comprise all agencies with an interest in global climate, including the Departments of Agriculture, Interior, Commerce, State and Energy, plus the National Science Foundation (NSF), the Council on Environmental Quality, the National Aeronautics and Space Administration (NASA), and EPA. The Department of Justice has asked for status as an observer. Because of EPA's statutory responsibility for policy development and submittal of reports, the Committee will be chaired by the Administrator of EPA. The purpose of the Committee will be to ensure that policy options are developed jointly with all interested federal agencies and precede any legislative or regulatory action, and that domestic and international activities are fully integrated. In addition, the Committee will oversee interagency coordination of reports on global climate issues submissible to Congress. These include effects and stabilization studies currently under way in EPA and planned for completion by December 1988, as well as reports EPA and State are required to prepare under the Global Climate Protection Act of 1987. The Department of State will chair a subgroup of the Committee to prepare a report on U.S. efforts to develop a strategy seeking international cooperation to limit climate change, and take responsibility for the domestic and international interfaces of the issue. State and EPA are also required to prepare an international assessment of climatological research. The Committee will seek to avoid duplication and ensure that the expertise of NASA, NOAA, NSF, USGS and others is utilized. Any relevant work in conjunction with the UNEP/World Meteorological Organization Science Assessment could also be included as part of this Global Climate Protection Act report. The Committee on Earth Science (CES) will continue to serve as the coordinating body among federal agencies for global climate research issues; the new Policy Committee and CES will collaborate to ensure that scientific programs support policy-makers who must evaluate the impacts of climate fluctuation and response strategies, a Minimizing Waste In a follow-up to testimony, Jim Barnes has informed the House Subcommittee on Transportation, Tourism and Hazardous Materials that the nation needs to develop a waste-minimization ethic. EPA clearly has an important role to play in the evolution of such a value system. The Agency is willing to make this commitment and seek support from Congress to ensure its success. First, H.R. 2800 currently mandates the establishment of an independent Office of Waste Reduction at EPA with an Associate Administrator directly responsible to the Administrator. The Agency shares Congressional concern that waste reduction activities be pursued in all media offices and address all media. However, Barnes said, "we strongly urge the Committee to allow the Administrator flexibility in organizing a management structure that best meets the needs of waste minimization as well as EPA's many other mandates. The Agency is considering a number of organizational arrangements to meet these objectives." Second, H.R. 2800 requires an annual waste- minimization report for each chemical reported on the Toxic Release Inventory required under Section 313 of the Superfund Amendments and Reauthorization Act (SARA). The Agency is currently collecting a first round of waste-minimization data under the Resource Conservation and Recovery Act (RCRA) and SARA Section 313. EPA's recent generator survey under RCRA collected a sample of minimization data from 1985 and 1986 for the specific purpose of targeting opportunities for minimization in certain industry categories or processes. The 1987 RCRA biennial report also requires waste minimization data from hazardous waste generators for the purpose of monitoring national trends. The SARA Section 313 form currently includes an optional minimization component that provides important multi-media data useful for raising awareness in industry and among the public. Together, they will give EPA an important first cut on how to collect multi-media data, how to target opportunities in industry and how to monitor national progress. EPA strongly recommends that the Subcommittee allow the Agency flexibility in collecting, analyzing and evaluating these data and in developing and implementing a more comprehensive multi-media data-collection program. That would allow the Agency time to establish cross-program links among its many data sources and to document minimization trends in detail. "We also recommend," said Barnes, "that the Agency report to Congress on these issues biennially instead of annually in order to reduce the frequency of reporting for industry and EPA, and to provide sufficient time to collect and analyze data and prepare a comprehensive report before beginning a new one." Q Ozone and CO Attainment In a letter to the House Subcommittee on Oversight and Investigations, Lee Thomas has clarified EPA's position that although more mobile-source controls are needed for ozone attainment, "we do not believe that tighter tailpipe-emission standards for new vehicles are a high priority on the list of possible further solutions." The Agency believes that gasoline volatility and refueling emission controls, better I/M programs, and longer-lasting emissions equipment are more significant, clearly feasible, and should enjoy primacy. For carbon monoxide (CO), the EPA attainment tables are based on current law and regulations. Many areas will attain the CO NAAQS without tighter mobile source controls. "I note," Thomas said, "that the recent report by the American Lung Association does not dispute this point." ALA's assumed growth in travel mileage would eventually bring CO emissions back up to current levels and produce equivalent non-attainment. However, "ALA admits this will not happen until sometime after the year 2010, even with ALA's assumption of growth rates higher than EPA predicts." a ------- Anti-Fraud Legislation Three laws have been recently passed by Congress that significantly expand the power of federal agencies to deter fraud. EPA managers, employees, and contractors must be aware of these laws and how they can be used to recover fraudulently obtained funds. First, a little history. The False Claims Act of 1863 established a civil liability for: • The submission of false claims. • The submission of false statements in support of a claim. • A conspiracy to defraud the government regarding a claim. The law allowed the government to recover double damages sustained by reason of a false claim or statement, and to recover a $2,000 penalty for each violation. In addition to existing provisions, the False Claims Act Amendment of 1986 also prohibits the submission of a false record or statement to "conceal, avoid, or decrease an obligation to pay or transmit money or property to the government." Fraud involving programs operated by non-federal entities, but funded in whole or in part by EPA, are now subject to this law. Violation now renders the culprit liable to the government for triple damages. However, if a contractor discovers fraud before the government does and cooperates with the investigation, the contractor would be eligible for a possible reduction from triple to double damages. The amount of the civil penalty has been increased from $2,000 to between $5,000 and $10,000 per violation. Also, a person submitting false claims is now liable to the government for the cost of a civil action brought to recover damages, and the government has up to 10 years to bring a suit. In addition, the Program Fraud Civil Remedies Act of 1986 authorizes agencies to recover, by administrative adjudication, double damages and civil penalties for small-dollar frauds not economical for the Department of Justice to bring to district courts. This law also provides for the imposition of a civil penalty for false statements unrelated to a claim for payment, if it is made in the context of, say, an employment application. However, before an agency can seek administrative adjudication of a case, it must refer it to the Department of Justice for civil action. The Department may bring the case to court under the False Claims Act. If, after a 90-day review of the case, the Department decides not to bring an action, it will give the agency approval to proceed. The government may recover up to double the amount of a false claim and a civil penalty of not more than $5,000 for each separate claim. However, only individual claims up to $150,000 are subject to this provision. Under the 1863 Act, if a person paid a kickback to an employee of a government prime contractor, it was "conclusively presumed" that the cost of the payment was passed on to the government. However, this was only applicable when the contract was a "cost-plus" type and the purpose of the payment was to obtain a subcontract under the prime contract. The Anti-Kickback Enforcement Act of 1986 applies to any government contract type and any favorable contract action, such as extension of delivery schedules, cost adjustments, and changes in specifications. It requires that prime contractors establish reasonable procedures designed to prevent and detect violations of this law. Any knowing participant in a kickback scheme is liable for double the amount of the kickback and up to a $10,000 civil penalty for each violation. In addition, the agency may offset the amount of a kickback from monies due to a prime contractor, but only on the tainted contract. Employees must make continual efforts to detect and report fraud. If you suspect fraud or wrongdoing in any element of a contract or performance of a contract for EPA, contact the Office of Inspector General at Headquarters or the closest Divisional 1C. The hotline number is FTS 382-4977 or toll-free 800-424-4000. Information is treated as confidential and callers may remain anonymous, o Radon Information Two of the key pieces of information that EPA collects from radon demonstration projects are the performance of reduction techniques and the costs associated with installation and operation. Both types of information are of interest to residents. EPA is looking for the most useful way to collect and report these data, so SAB was asked to help in formulating the Agency's definition of cost-effective mitigation. In the past, EPA has tended to report performance both as a percent reduction in radon concentration and as the final value of radon concentration. The first of these methods can be somewhat misleading. For instance, a reduction in radon concentration of 90 to 99 percent seems impressive, but may leave elevated radon levels, depending on initial concentrations. A house with 100 picocuries per liter initially could be controlled by a technique yielding a 90 percent reduction and still have 10 picocuries after mitigation. Although the potential radon exposure has been dramatically reduced, residents would still face exposures greater than the average in the U.S. In a recent 10-state survey, 79 percent of the houses had radon concentrations below four picocuries per liter. If one establishes an index to describe the relative cost per increment of radon reduction, then the apparent greatest bargain will almost always accrue to houses with high initial radon levels. That's true a fortiori if the same mitigation method is used on the high- and moderate-radon-level houses. Fixed costs are associated more with installation and operation of equipment than with the amount of radon to be removed. This type of index does not presently appear to be a useful way of comparing mitigation strategies for individual houses. The cost of mitigating a particular house is more dependent on the characteristics of the house and its ambient soils than on the initial Jevel of radon. Even though the cost per unit of radon reduction may not be a useful way to compare the mitigation of individual houses, the average cost per unit of health-risk reduction for the entire program may prove very useful in comparing this program to others in which health risks are being cut. o ------- |