950F94001
UNITED STATES ENVIRONMtlN f AL KnoTECTION AGENCY
WASHINGTON. D C 20460
OCT I 9 !9fc
MEMORANDUM
SUBJECT:
FROM:
TO:
Public-Private Partnerships on Behalf of the Global
Environment: Principles for Preserving EPA's Credibility
ŁZV /|V 7 *
David M. Gardiner i^jl ^>-*il fc-Wa-*-**-*^
Assistant Administrate* V^-*^
Office of Policy, Plannin Mid JE valuation
William A. Nitz4j[>^ V
Assistant AdndnKtrator
Office of International Activities
Assistant Administrators
Regional Administrators
Associate Administrators
General Counsel
Inspector General
Over the last two years, a number of Presidential initiatives have
emphasized the link between U.S. economic and environmental objectives. One
of the best examples of this linkage, is President Clinton's Environmental
Technology Initiative (ETI), which aims to promote our environmental protection.
goals, while enhancing the economic standing of the United States in the world
marketplace. In addition, the Administration has proposed a* comprehensive
strategy for enhancing U.S. environmental exports in the inter-agency report,
Environmental Technologies Exports: Strategic Framework for U.S. Leadership,
which includes a number of recommendations specific to EPA.
EPA has a leading role to play in responding to these Presidential initiatives.
Our domestic regulatory programs, as well as voluntary programs such as the
"Green" initiatives, create the market for environmental technologies and shape
the very structure ofr the industry. Research and development programs expand
the tools available for environmental protection and foster the technological
innovation that drives competitiveness. Moreover, our international technical
.assistance and capacity-building programs enhance worldwide demand for
environmental technologies and services, thereby creating potential commercial
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opportunities'for U.S. business and industry. Involving the private sector more
directly in the implementation of our international programs will help EPA
achieve our environmental objectives overseas, while contributing to broader
Administration goals on U.S. competitiveness and trade.
. At the same time, EPA's partnership activities with the private sector on
behalf of the global environment must be fully consistent with our statutory
authority and environmental mission. (Congress and the U.S. taxpayer have
entrusted EPA with powerful responsibilities necessary to fulfill the Agency's
environmental mandate. The promulgation of regulations, the granting or
denying of permits, and the initiation of enforcement actions/for'example, are
responsibilities that can have profound implications for the financial viability of
individual companies and firms. The delegation of these responsibilities is
predicated on Congressional and public trust in EPA's integrity and its ability to
make honest, credible, and independent technical judgments.
EPA's credibility is also an important factor in our dealings with other
countries. Foreign governments, international organizations, and private
individuals throughout the world actively seek our advice on a broad range of
environmental policy, technical, and other issues. EPA's reputation for honesty
and objectivity is what differentiates our advice from that which could be obtained
elsewhere.
In order to provide you some guidance on how you and your staff can lead
and participate actively in these international activities, while preserving EPA's
credibility and integrity as an institution, an EPA task force has developed a set of
operational principles. These principles suggest that Agency officials use the same
professional and "common sense" approaches to these problems internationally as
they do when dealing with domestic situations.
We recommend that you distribute these operational principles widely
throughout your offices. Ultimately, the responsibility for deciding whether and
how to proceed with a specific action rests with each of you. You may want to
suggest to your staff that when these operational principles are applied to a specific
action and appear to raise significant potential issues/ they elevate the question
within your organization, and if necessary, to you. This process will allow
everyone to implement the Agency's international programs aggressively without
fear or confusion that the activities might somehow conflict with our Agency's
overall. mission.
Thank you for your cooperation. If you have questions about the Task
Force's work, please call Jamison Koehler of OIA at (202) 260-4878 or Connie Sasala
of OPPE at (202) 260-3554.
Attachment
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PUBLIC-PRIVATE PARTNERSHIPS QN BEHALF OF THE
GLOBAL ENVIRONMENT:
Operational Principles for Use in Preserving EPA's Credibility
CO What is the environmental rationale for the activity? The statutory
authority for EPA activities should be documented and the activities
should be supported by strong underlying environmental rationale, with
commercial considerations dearly secondary to EPA's participation.
(2) Is the program or protect an appropriate activity for public sector
involvement? Public sector resources should be used to leverage, not
displace, private sector resources and expertise.
(3) Is the activity appropriate for EPA as opposed to another Federal agency?
EPA should ensure that it complements, and does not duplicate, activities
carried out by the Department of Commerce or other Federal agencies.
(4) Does EPA's involvement imply endorsement or favoritism for
participating private sector parties? 5 GF.R., Section 2635.702 (e) precludes
EPA employees from endorsing any product^ service, or enterprise in the
absence of specific statutory authority. The mvolvement of a particular
company in an EPA activity may imply especially to a foreign official
unfamiliar with U.S. culture, language, and system of government - that
the particular company or party is the only or best source of technology or
expertise. EPA should ensure that the foreign party is familiar with the
rationale and procedures for involving a particular company or firm.
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(5) Can EPA's participation in the activity beconducted professionally.
'- impartially, and objectively? EPA officials should give their best
unfettered professional advice to public and private sector, individuals and
should avoid any situation in which it would appear otherwise. Technical
advice should be given in generic, non-prejudicial terms, based on the .
same "common-sense" approach that would be employed domestically.
Technical advice should include the widest range of options possible and
not preclude consideration of other technologies or companies, including
foreign ones. This does not mean that EPA officials need to specifically
educate themselves on foreign sources of technology or expertise. It does
mean that they should adhere to the same high standards of technical
advice that they apply domestically, tied as much, as possible to Agency
policy, and not temper their advice to support some commercial objective.
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(6) Does EPA's role in the activity jeopardize the Agency's ability to fulfill its
domestic regulatory or enforcement responsibilities? No action should
undermine or 'detract from the Agency's domestic reeulatorv decisions or
enforcement programs:
(7) How were private sector parties selected for participation in the
project? EPA cannot favor, nor can it appear to favor, any particular
company.or firm. Participation should be available to any qualified
party, with equitable and transparent selection criteria dearly set out in
advance. Where possible, EPA should use a "third party" (such as a
tirade association) to make final selection decisions and ensure that the
organization uses objective criteria and an open process to choose.
participants. ,
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