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 ------- 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 ------- 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. _-"": ;-'. .- ".'"."'''Ľ (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. ------- (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. , ------- |