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UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
WASHINGTON, D.C. 20460
t 1933
THE ADMINISTRATOR
MEMORANDUM TO ALL EMPLOYEES
SUBJECT: Serving the Public Interest
I am truly honored to have been selected to lead the Environmental Protection
Agency. I believe that government service is a high calling and that EPA's potential to
improve the lives of Americans is unparalleled. As I have met with many of you, I have
learned that EPA employees share in that belief.
Among the most important of our challenges as public servants is our duty to live
up to the public trust and confidence that sustains our work at-EPA. As individuals and
as an Agency, we must maintain the highest ethical standards in all our activities. This
means conducting our business here openly, fairly and in accordance with all legal
requirements.
In the tradition of recent Administrators, I am setting forth in this memorandum
the guiding principles our Agency will use to ensure the integrity of all our actions. I ask
each of you to join me in observing these principles.
General Principles
In all its programs, EPA must provide for the most extensive public participation
possible in decision-making. This requires that we all remain open to all points of view
and take affirmative steps to solicit input from those who will be affected by decisions.
Our willingness to remain open to new ideas from our constituents, and to incorporate
them where appropriate, is absolutely essential to the execution of our mission. At the
same time, we must not accord privileged status to any special interest, nor accept any
recommendation or proposal without careful, critical examination.
Appointment Calendars
To keep the public fully informed of my contacts with interested parties, I will
make my appointment calendar for each week available in the Office of Public Affairs. I
encourage the Deputy Administrator, all Assistant Administrators, Associate
Administrators, Regional Administrators, and Staff Office Directors to make their
appointment calendars available as well.
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Litigation and Formal Adjudication
EPA is engaged in a wide range of both enforcement and defensive litigation. All
pertinent communication with parties in litigation must be conducted through the
attorneys assigned to the case. Program personnel who receive inquiries from parties
regarding matters under litigation must immediately notify the assigned attorney and
refer the caller to that attorney.
Formal adjudications (e.g., pesticide cancellation proceedings) are governed by
specific requirements concerning ex parte communications in the various EPA rules
governing those proceedings. These rules are collected and available in the Office of the
General Counsel, Room 537 West Tower. I will conduct myself in accordance with these
rules, and I expect all EPA employees to do the same.
Rulemaking Proceedings
In rulemaking proceedings under the Administrative Procedure Act, the basis for
Agency decisions must appear in the public record. Therefore, after a rule is proposed,
be certain that:
1. All written comments received from people outside the Agency (whether during or
after the comment period) are entered in the public record for the rulemaking; and,
2. A brief memorandum summarizing any significant new data or information likely
to affect the final decision that is received during a meeting or other conversation is
placed in the public record.
These requirements are increasingly important as EPA continues to expand public
involvement in our rulemaking efforts. I encourage you to solicit views from the broadest
possible spectrum of interested parties in arriving at final rules. All interests should have
an equal opportunity to meet with EPA. Meetings may be held with individual groups
without involving all other interested parties. Of paramount importance, however, is
ensuring any new data or information affecting the decision is promptly placed in the
public record.
The Federal Advisory Committee Act (FACA) helps ensure that the Agency
provides equal and open public access to the advice and recommendations EPA receives
or solicits from outside parties. As many of you know, however, several exemptions are
applicable. For example, when the Agency seeks the advice of individual meeting
participants without seeking consensus, the gathering is not subject to FACA. This and
other FACA exemptions may be helpful to you in obtaining a comprehensive response
from interested entities during rulemakings while still meeting the letter and intent of
FACA. Remember that questions about FACA's applicability and exemptions should be
directed to the FACA experts in the Office of General Counsel's General and
Information Law Division.
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Contacts with Congress and the Press
EPA staff should be open and accessible to Congressional staff and the press. I
rely on you to use common sense and good judgement in these interactions. I ask that
you inform your Assistant Administrator's office, the EPA Press Office, and/or the Office
of Congressional and Legislative Affairs promptly about all such conversations with the
press or Congressional staff. The consistency and integrity of our communications will
enhance public trust in the Agency.
Communications Generally
Finally, all communications materials produced for public dissemination should be
developed in coordination with the Office of Communications, Education and Public
Affairs. This will assure consistency with EPA standards and a number of OMB
directives on such materials.
Over the last few years, EPA has built an excellent reputation for involving the
public, Congress, the press and other interested parties in our work. This openness to
the public furthers our mission by increasing our credibility, improving our decision-
making and developing broad public support for Agency initiatives. I am proud of the
actions you are all taking to improve public access to and involvement in our work. I
look forward to working with you to implement these guidelines and to continue to
promote public involvement and ethical conduct in all EPA affairs. I believe our ability
to remain open to the public and to make fair, well-informed decisions is essential to our
success. I look forward to hearing any additional ideas you have on how we can achieve
this goal.
Carol M. Browner
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