EPA
United States
Environmental Protection
Agency
Pesticides And
Toxic Substances
(TS-799)
July 1991
Going Public Manual
For The Existing
Chemical Program
GOING
PUBLIC
MANUAL
for tlic L\isting Chcnncal Program
Printed on Recycled Paper
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Office of Toxic Substances
GOING
PUBLIC
M ANUAL
for the Existing Chemical Program
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TABLE OF CONTENTS
INTRODUCTION 3
CHAPTER 1
THE RM ADMINISTRATIVE RECORD
Key Points to Remember 7
Purpose 7
Description 7
Contents 8
Roles and Responsibilities 8
Timelines 9
Public Access Procedures 10
Model RM1 Meeting Summary 11
CHAPTER 2
NONREGULATORY APPROACHES FOR RM CHEMICALS
Key Points to Remember 17
Informing Interested Parties 17
Data Dissemination Checklist 18
Involving Interested Parties 20
Checklist for Constituency Meetings 21
Operational Steps (Processing an RM1 Letter of Concern) 22
OTS Liaisons: Get Their Help, Keep Them Informed 24
CHAPTERS
DIALOGUE AND NEGOTIATED RULEMAKING
The Key Questions 29
Start-up Time for Convening a Dialogue 30
Choosing a Dialogue Process 30
When You Need a Federal Advisory Committee 31
Getting Help: Is Dialogue Right for Your Case? How Much Can Contactors Do? 32
Cost 33
The Time Factor: Can You Afford It? 33
Staff Resources 33
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CHAPTER 4
GOING PUBLIC THROUGH THE MEDIA
Key Points to Remember 37
Introduction 37
Referral Policy 38
The Pre-interview Checklist 39
Interview Preparation 39
Helpful Hints for a Successful Interview 40
Examples of "Trick" Questions 40
Examples of General Talking Points 41
CHAPTER 5
ADDITIONAL GOING PUBLIC OPPORTUNITIES
Congressional Activities 45
Communication Strategies 46
The Regional Role in Going Public 48
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INTRODUCTION
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GOING PUBLIC MANUAL
INTRODUCTION
During 1990, the Office of Toxic Substances CHAPTER 1
(OTS) emphasized a number of key themes
as part of ongoing revitalization efforts.
Two of these themes right-to-know and
going public were described conceptually
as "increasing the public access to OTS
data" and "involving outside groups in
what OTS does," respectively.
But what do these terms mean in reality?
The purpose of the Going Public Manual is to
provide Risk Management (RM) managers
with the necessary information to put these
concepts into practice on a day-to-day basis.
This, in turn, can help promote yet another
revitalization aim: to have a bias for action.
In many instances, OTS may be able to help
produce significant environmental results
relatively quickly without a lengthy regulatory
process by:
1) opening up our internal process to
interested parties;
2) opting for nonregulatory solutions
when appropriate;
3) involving and informing outside
groups; and,
4) getting our message out to the public
in a positive fashion.
The OTS Going Public Manual is divided into
chapters that address each of these four points,
plus a fifth chapter that discusses additional
going public opportunities.
Chapter 1 describes the Administrative
Record, which is designed to provide a central
location for all RM1 and RM2 documents and
comments up to the point when a regulatory
docket is opened. The Administrative Record
is open to the public for review and includes
such items as pre-RMl chemical dossiers,
public comments, RM summaries and letters
of concern. The Information Management
Division's Public Information Branch (Public
Information Section) can provide additional
information on the Administrative Record
process.
CHAPTER 2
Chapter 2 outlines the various nonregulatory
options available that enhance public involve-
ment and promote a bias for action. Letters of
concern, technical guidance documents, inter-
est group advisory briefings, and information
dissemination are a few examples of effective
nonregulatory approaches. The Environmen-
tal Assistance Division (EAD) staff can provide
more information on these options.
CHAPTERS
Chapter 3 provides an easy-to-use roadmap
for RM managers to follow for setting up
dialogues and Federal Advisory Committees.
OTS has used these steps to organize regula-
tory negotiations, State panels and dialogue
groups (e.g., Carpet Dialogue). BAD'S Strate-
gies Development Section (Kathy Tyson,
Section Chief) can provide additional help.
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GOING PUBLIC MANUAL
CHAPTER 4
Chapter 4 supplies insights on how to convey
more effectively EPA's message to the press
and general public. In particular, this infor-
mation is valuable for RM managers who
answer questions from the trade press. For
more information on media and press training,
contact BAD'S Communications and Guidance
Section (Esther Tepper, Section Chief).
CHAPTERS
Chapter 5 overviews other opportunities to
involve the public in OTS activities and to
inform the public about our actions. The
chapter includes sections on Congressional
activities, State and Regional activities,
Communication Strategies and the capabili-
ties of the OTS Hotline. EALTs Congressional
Liaison Section can provide additional infor-
mation on congressional activities, EAEXs
Regional and State Program Section (Julie
Winters, Section Chief) can provide more
information on State and Regional activities,
and EALTs Communication and Guidance
Section can provide more information on
communications strategies (contact Esther
Tepper) and the TSCA Hotline (contact Wanda
Woodburn).
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CHAPTER 1
THERM
ADMINISTRATIVE RECORD
This chapter provides guidance on:
The purpose of the Administrative Record
A description of the Administrative Record
The contents of the record which documents must be submitted
The roles and responsibilities of OTS management and staff in
maintaining the record
The timelines for submitting documents to the record
The procedures for public access to the record.
If you have questions about Administrative Record issues, contact IMD's Public
Data Branch to reach Doug Sellers, Chief of the Public Information Section
(382-2598), or Lynn Marcus (382-3610), who manages the Administrative
Record for that Section.
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GOING PUBLIC MANUAL
CHAPTER 1
THE RM ADMINISTRATIVE RECORD
KEY POINTS TO REMEMBER
Submit the necessary documents to the Administrative Record on time. (For the public to
use the record, the contents must be there.) Contact IMEXs Public Information Branch,
Public Information Section (Lynn Marcus, 382-3610). For more details, see page 9.
WHO WHAT WHEN
Project Managers RM1 Meeting Summaries
RM2 Meeting Summaries
Pre-RMl Dossier
Copies of Major Studies
Cited in Dossier
Lead Division Letters of Concern
EAD Press Advisories, Press Releases
IMD/PDB Public comments
1 week after RM1 Meeting
1 week after RM2 Meeting
1 week after RM1 Meeting
1 week after RM1 Meeting
When signed
By release date
Upon receipt
I. PURPOSE
The purpose of the Administrative Record is
to increase public access to information about
OIS decision making on existing chemicals.
The Administrative Record provides more
information about OTS's preregulatory and
nonregulatory risk management decisions
than would be available through a docket.
The reasons for improving public access to risk
information are: (1) to encourage greater public
involvement in OTS decision making; and
(2) to enhance the ability of others in the toxics
community to use risk information for achiev-
ing reductions in risk.
II. DESCRIPTION
The Administrative Record is being main-
tained by the Public Information Section of the
Information Management Division (IMD) in
the Northeast Mall, along with the TSCA
Docket The Administrative Record is open for
public accessin person, and by phone or
mail request An Administrative Record file
will be separately maintained for each RM
chemical. Each file will have an index. Each
file will remain active until OTS takes final
action on the chemical. If OTS decides not to
regulate, a closure memorandum will be
submitted to dose the file. If OTS takes regula-
tory action, the AdministrativeRecord will be
"incorporated by reference" in its entirety into
the rulemaking docket.
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GOING PUBLIC MANUAL
III. CONTENTS
Hie following lists the documents that
make up the Administrative Record.
Pre-RMl Dossier
Summaries of RM1 and RM2 Meetings
Copies of the major, relevant studies
cited in the Pre-RMl Dossiers
RM1 Letters of Concern, and
Industry Replies
Other correspondence to and
from outside parties
Pressreleases
Public comments
Models for the Pre-RMl Dossier and the
RM1 Meeting Summary are available as
guidance for Project Managers to follow.
RM1 MEETING SUMMARY
A copy of the model form for the RM1 Meeting
Summary appears at the end of this chapter.
PRE-RMI DOSSIER
This is a description of a model Pre-RMl
Dossier. It should summarize the relevant data
extracted from available studies, which are to
be used as a basis for RM1 detisionmaking. A
dossier must include the following elements:
A summary of data on chemical
properties, economics, engineering,
exposure, hazard, regulatory status,
and any preliminary risk analysis.
A statement of selection rationale for
bringing the chemical to an RM1
meeting.
A citation to major, relevant studies,
such as National Toxicology Program
(NTP) bioassays and reports, unpub-
lished TSCA 8(e) or 8(d) studies,
National Cancer Institute (NCI) bioas-
says, or other major, relevant studies.
A statement on whether a docket
already exists for the chemical.
Note on Submitting Copies of Studies:
Executive summaries of studies may be submit-
ted in place of the entire studies.
Note on Submitting Published Documents
and Documents Already in a TSCA Docket:
Submit complete citations to published docu-
ments and TSCA Docket records to PDBfor
inclusion in the record. Do not submit copies of
books or duplicates of docket records.
IV. ROLES AND RESPONSIBILITIES
The following lists the roles and responsibili-
ties of OTS management and staff in maintain-
ing the Administrative Record:
THE PUBLIC DATA
BRANCH (PDB) orlMD
The manager of the Administrative Record is
Lynn Marcus (382-3610) in the Public Informa-
tion Section of PDB. PDB maintains the RM
Administrative Record in Room G004 of the
Northeast Mall. PDB establishes individual
Administrative Records for each RM chemical
or class of chemicals, develops indexes to the
records, and provides access to the records for
EPA staff and the public PDB will provide
copies of the indexes to Project Managers upon
request. Lynn Marcus will transmit copies of
all public comments to appropriate Project
Managers. PDB will maintain close contact
with Project Managers throughout the RM
process.
PROJECT MANAGERS
Each RM Project Manager is responsible for
submitting the requisite documents to Lynn
Marcus in PDB for inclusion in the Adminis-
trative Record. The Project Manager should
adhere to the timelines for submitting docu-
ments that are outlined in the next section.
The Project Manager must ensure that all
relevant documents are provided for the
Administrative Record throughout the RM
process and keep PDB staff updated on new
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GOING PUBLIC MANUAL
developments that may have an impact on identified by document control numbers
the Administrative Record. withheld from the Administrative Record.
The Project Manager is also responsible for
establishing and maintaining the Project
Manager File. This is the comprehensive
history on the RM chemical, and includes all
background studies, comments, reference
materials, working materials, and deliberative
materials. This is an official file, and must
remain with the responsible OTS Division in
the event the Project Manager moves on to
another job. Project Managers are encouraged
to work with the Administrative Record
manager in PDB and to maintain open, orga-
nized, and indexed files. This will serve to
facilitate both a coordinated approach to public
access and a complete public record.
Project Managers are responsible for ensur-
ing that Confidential Business Information
(CBI) materials are removed from docu-
ments before submitting them to the Admin-
istrative Record. Project Managers must
maintain a record of all CBI documents and
ensure that the entire CBI record is available V. TIMELINES
in the OTS Document Control Office. Project
Managers should also provide PDB with a
list of all deliberative materials and CBI
RM BRANCH CHIEFS
Branch Chiefs should ensure that deliberative
material is excised from documents being
submitted to the record.
Note: Deliberative documents are not exempt from
mandatory release under the Freedom of Informa-
tion Act (FOIA). Under FOIA, someone can
present a case far chiming that such materials
should be released, since deliberative materials are
covered under the discretionary release provisions of
FOIA.
RM DIVISION DIRECTORS
Each division that has RM Project Managers is
responsible for giving the Administrative
Record manager (Lynn Marcus) in PDB a
current list of Project Managers, their phone
numbers, and the chemicals that they are
responsible for.
The following lists the timelines for submitting
documents to the Administrative Record.
TIMELINES
RM MEETING SUMMARIES
Project managers should submit RM
Meeting Summaries to PDB within one
week of the RM Meeting.
PRE-RM1 DOSSIERS
Project managers should submit Pre-
RM1 Dossiers to PDB at the same time
they submit RM1 Meeting Summaries
(within one week of the RM1 Meeting).
COPIES OF MAJOR, RELEVANT
STUDIES CITED IN DOSSIERS
Project Managers should submit these
studies to PDB at the same time they
submit RM1 Meeting Summaries
(within 1 week of the RM1 meeting).
LETTERS OF CONCERN
AND INDUSTRY RESPONSES
The lead Division for an RM1 letter of
concern should submit a copy of the
letter to PDB when it is signed. PDB
will hold letters of concern for one week
(from the date of the letter) before
placing them in the Administrative
Record. Any responses from industry
should be placed in the record upon
receipt
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GOING PUBLIC MANUAL
WRITTEN PUBLIC COMMENTS
PDB will place public comments in the
record immediately upon receipt and
will send a copy to Project Managers at
that time.
COMMENTS BY PHONE (NOT
OBLIGATORY)
Project managers may submit a record
of oral comments to PDB for inclusion
in the record. If doing so, please submit
them within a week of the call.
PRESS RELEASES
EAD should submit copies of all press
advisories and press releases to PDB as
soon as they have passed final peer
reviewand no later than the release
date. PDB will hold all press advisories
and releases until the date of release by
the press office.
VI. PUBLIC ACCESS PROCEDURES
The following lists how the public can get
access to the Administrative Record and how
OTS staff should respond to public requests.
IN PERSON
The public may visit the Administrative
Record in Room G004 of the Northeast Mall
between 8:00 -12:00, and 1:00 - 4:00, Monday
through Friday.
BY MAIL
The public may submit written requests for
copies of documents in the record, and may
submit written comments to the record. The
mailing address for the Administrative Record
is as follows:
EPA/OTS/PDB (TS-793)
Attn: RM1 Process
Room G004, Northeast Mall
401M Street, S.W.
Washington, D.C. 20460
The Public Information Section (PInS) in PDB
will log in requests for Administrative Record
materials and will respond to them without
applying any agency FOIA tracking. While
fees for large requests will be charged (as
under FOIA), this is not expected to be a
concern as the basic Administrative Record
materials are fairly small. ,
When contents in the record trigger requests
for additional background data, PInS will
handle these as FOIA requests. This will be
done to track accurately the added workload
to OTS and the Agency. This is not meant to
limit access to the data.
BY PHONE
The public may request copies of record
documents over the phone OTS staff should
respond to a phone request in the same man-
ner as listed above for a written request
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MODEL RM1 MEETING SUMMARY
OTS EXISTING CHEMICAL PROGRAM
RM1 DECISION CHECKLIST
CHEMICAL/CATEGORY:
DATE
PRESENTING BRANCH:
MEETING CHAIR:
SUPPORTING DOCUMENTS:
(Preparation date)
POST-RM1 COORDINATING BRANCH:
"DROP"
FOLLOW-UP ACTIVITIES
(REFER, LIST, OTHER)
RETURN
TORM1
RM2
"FAST TRACK"
RMS
1. REFERRALS. Nonregulatory "FYI" referrals to other agencies or recommendations to
internal EPA workgroups.
CPSC_
OSHA_
NIOSH
ACGIH
FDA
RFD
ONECOMMTE.
CRAVE
OTHER
OTHER
EPA OFFICE
2. LISTINGS AND ACTIVITIES. Chemicals assigned to lists/activities when concerns for
pollution, risk, exposure, etc. are identified.
RISK REDN. ACTIVITIES
POLLUTION PREV'N. ACTIVITIES.
OTHER
TESTING CANDIDATE LIST.
TRI CANDIDATE LIST
3.
NONREGULATORY RM DECISIONS. (Give specifics for each action item. Include:
rationale or purpose of action(s), responsible person/office, due date(s), the actual form, e.g.
phone, letter, the recipients) (named, if possible), etc.)
a) SEND LETTERS OF CONCERN
b) INFORMATION GATHERING
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RMI DECISION CHECKLIST (cont.)
(chemical) (date)
c) POLLUTION PREVENTION ACTIONS
d) RISK COMMUNICATION
e) OTHER
4. REGULATORY DECISIONS.
§4 TESTING §8 (a) CAIR
65SNUR §8(d)
OTHER
5. ADDITIONAL ANALYSIS NEEDS. (Give specifics for each action item. Include:
rationale or purpose of addition analysis, responsible person/office, support persons/
offices, level of effort, due date(s), the actual product expected, e.g. list, review, risk
assessment, etc.)
a)
b)
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RMI DECISION CHECKLIST (cont.)
(chemical) (date)
0
6. OTHER NOTATIONS.
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CHAPTER 2
NONREGUIATORY
APPROACHES FOR RM CHEMICALS
This chapter describes various nonregulatoiy approaches for informing
and involving outside parties (and Regions) as a means of addressing existing
chemical issues. They include:
Informing parties through
Data dissemination
Lasting chemicals
Technical assistance
Routine notification about field studies
Involving parties through
Consultation and meetings
Letters of concern
Coordination on pollution prevention initiatives
Requesting voluntary submission of data
Soliciting nominations for RM1 chemicals
Using OTS liaisons for assistance (and keeping them informed of RM out-
reach activities)
If you have questions about nonregulatory approaches, contact the Division staff
identified in the text as contacts for particular approaches. ,
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GOING PUBLIC MANUAL
CHAPTER 2
NONREGULATORY
APPROACHES FOR RM CHEMICALS
KEY POINTS TO REMEMBER
Informing and involving parties helps to facilitate behavior change.
GOAL METHOD RESOURCES
Informing Data Dissemination
Informing Technical Assistance
Informing Routine Notification
Involving Constituency Meetings
Involving Letters of Concern
Involving Joint Public/Private Pilots
on Pollution Prevention
Checklist of ideas on p. 18
EAD;seep.l9
HAD; see p. 20
Checklist of steps on p. 21
List of operational steps, p. 22
HAD; see p. 25
Keeping HAD liaisons informed of your outreach activities helps them help you
and others in OTS more effectively.
Informing and involving parties through
nonregulatory means is important for OTS's
existing chemical program because this ap-
proach helps facilitate behavior change. Pro-
viding information responds to the needs of
outside parties who regularly request greater
access to data for their own use in environmen-
tal decision making. This is true for both
regulated and nonregulated parties. Involving
parties addresses OTS's own need for more
input and cooperation in the design and
implementation of environmental programs
and serves the parties' need to provide input.
Some of the ways for informing and involving
parties through nonregulatory means are listed
below. OTS will continue to develop new
approaches over the course of time.
I. INFORMING
INTERESTED PARTIES
A. DISSEMINATING DATA
OTS has a storehouse of data and should
increase its efforts to put more of these data in
formats suitable for public dissemination. To
help in getting started, the following checklist
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GOING PUBLIC MANUAL
of ways to disseminate data is provided. For the May 8,1991, Options Paper on "Informing
more details on many of these options plus and Involving Interested Parties in the RM1,
some additional ones, call EAD for a copy of RM2 and Regulatory Development Processes."
DATA DISSEMINATION CHECKLIST
[I EPA Library On-Line System
Use the library's on-line system to create
a file for disseminating Administrative
Record data, or other existing chemical
data, such as Chemical Advisories. This
would reach other EPA offices, regions,
and a nationwide audience of users.
(Some funding would be required to
create a file.) Contact: IMD.
0 Diskettes
The diskette format is popular for dis-
seminating easy-to-use data to a wide
variety of users. Administrative Record
data, test data, and 8(e) data are ex-
amples of data which could be put in this
format. The cost would be small, and
users like this format. Contact: IMD.
[] Pollution Prevention News
The newsletter "Pollution Prevention
News" is a forum to use for reporting on
RM2 pollution prevention activities.
This newsletter is published by OTS's
Pollution Prevention Division (PPD) and
is distributed to other EPA offices. Con-
tact: PPD.
[] Pollution Prevention
Information Exchange (PIES)
PIES is a bulletin board system operated
as a clearinghouse by OTS's Pollution
Prevention Division and the Office of
Research and Development. PIES is a
vehicle for reaching an audience that
would be interested in RM2 pollution
prevention activities. PIES is the elec-
tronic component of the Pollution Pre-
vention Clearinghouse, the purpose of
which is to create an agency-wide pollu-
tion prevention network. The audience
for this network includes States, nongov-
ernmental organizations, and the Euro-
pean community. Contact: PPD.
[] TOXPEST
TOXPEST is the lead region's monthly
newsletter on toxics and pesticides. This
is a means to routinely notify regions
about pending issues on RM chemicals,
which could allow them to play an
enhanced role for outreach on RM
chemicals. Contact: EAD.
1^1 Disseminating data through trade
associations and labor unions
Trade associations are often willing to
disseminate data such as technical
assistance on pollution prevention,
meeting information, and policy guid-
ance to their member companies.
Also, national labor unions would often
be willing to assist in disseminating data,
such as chemical advisories, data on safe
work practices, and notice of field stud-
ies, to their local unions. Contact: EAD.
[] Chemicals-in-Progress Bulletin
OTS's Chemicals-in-Progress Bulletin is a
publication to use for encouraging indus-
try to take pollution prevention steps
and to inform many outside groups on
the progress of certain RM activities.
Contact: EAD.
0 TSCA Hotline
Prepare quarterly summaries for the
TSCA Hotline about the status of RM
chemicals. Contact: EAD.
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GOING PUBLIC MANUAL
RTK-Net and other "Outside"
Electronic Networks
Some "outside" electronic networks,
such as "RTK-Net," are interested in
carrying OTS existing chemical data for
their users. RTK-Net is a computer
information service providing access to
TRI data for those in the Right-to-Know
Network (93 national and local environ-
mental groups), plus others in industry,
government, and the press who are
participating in the RTK-Net pilot pro-
gram. The pilot project focuses in part
on cross-linking and integrating TRI data
with related toxics and facility-based
data. The Information Management
Division manages the cooperative agree-
ment which partially funds the RTK-Net
pilot project. It would be important to
discuss ideas for putting existing chemi-
cal data on RTK-Net with IMD.
Contact: IMD.
[] Regions
Use the regions for disseminating infor-
mation on RM activities to States and
local constituencies. Contact: HAD.
B. LISTING CHEMICALS
At the RM1 phase, OTS can choose to put a
chemical either on OTS's Master Testing List
or the Risk Reduction List, each of which
would trigger further appropriate action.
The publicizing of these lists is being under-
taken as an OTS-wide activity. Once these
steps are taken to notify other government
entities and the public of these lists, "listing"
a chemical can serve as an effective means of
informing the public of existing chemical
activities.
C. TECHNICAL ASSISTANCE
Providing technical assistance to industry is
another avenue for better informing them
about existing chemical activities. This
technical assistance can take at least two
forms: (1) providing guidance documents to
industry; and (2) providing smaller compa-
nies with working examples of successes
that some companies have had in employing
pollution prevention techniques.
1. Guidance documents
Over the years, OTS has developed and dis-
tributed guidance materials (e.g., TRI and
asbestos outreach materials) for two purposes:
To explain regulatory programs
more clearly;
To recommend voluntary action to
reduce risk.
Each year, EPA hotlines distribute thou-
sands of documents to the public explaining
EPA programs and policies. The public's
reaction to these guidance materials has
been very positive.
RM managers are encouraged to consider
guidance materials as an option to address
concerns about a chemical. Recent experi-
ence suggests the public may voluntarily
take steps to reduce their exposure to chemi-
cals once they understand the problem (e.g.,
radon). BAD has resources to assist RM
managers with two or three guidance docu-
ments of moderate size (10-15 pages) each
year. Preparation time varies depending on
the length of the document and the complex-
ity of the material. RM managers should
contact Esther Tepper (382-4075), Chief of
EALTs Communications and Guidance
Section, if they would like to discuss a guid-
ance document project.
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GOING PUBLIC MANUAL
Guidance documents can be produced quickly
and cheaply compared to developing regula-
tions. More importantly, guidance can pro-
duce voluntary efforts mat yield significant
environmental results. For example, EPA's
asbestos guidance documents for many years
have strongly recommended that building
owners inspect for asbestos. Due in large part
to EPA's guidance efforts, about half of the
nation's 3.6 million buildings have been in-
spected voluntarily.
The RM process could result in several guid-
ance documents being produced each year to
inform the public about certain chemicals. In
some instances, this may be general guidance
for the public at large, while in other instances
it may require specific guidance targeted for a
particular audience (e.g., workers in a steel
plant or consumers of a certain product that
contains a toxic chemical).
2. Distributing Success Stories
Small companies often lack the resources to
identify what they could do to implement
pollution prevention approaches in their
facilities. OTS has a role to play. If you can
identify some relevant success stories, consider
asking appropriate trade associations to dis-
seminate this information to their member
companies. Contact Kathy Tyson, Chief of
BAD'S Strategies Development Section, if you
would like assistance in setting up initial
discussions with a trade association for this
purpose.
D. ROUTINE NOTIFICATION
ABOUT FIELD STUDIES
RM managers need to contact labor, environ-
mentalists, and industry groups whenever
OTS is planning to conduct a field study. (This
is official OTS policy.) Pay particular attention
to notifying labor unions, and give all groups
an opportunity to provide input. If you need
assistance in identifying groups, contact BAD'S
Strategies Development Section.
II. INVOLVING
INTERESTED PARTIES
Involving outside parties in OTS decision
making offers the prospect of getting better
results through leveraging OTS's effectiveness
in the larger toxics community. It generally
shifts the investment in time and resources to
the beginning of an effort and usually saves
time and resources in the end.
A. CONSULTATION
WITH INTERESTED PARTIES
Consultation is an important part of taking the
existing chemicals program public. Exchang-
ing views and concerns serves to clarify issues
and options for everyone. Often the consulta-
tive process also generates more alternatives
for solving problems.
Briefings and Meetings
Inviting parties in early on a particular issue is
key, because it serves to:
(1) identify more options for OTS
to consider;
(2) get better data for OTS to use in
making decisions, and
(3) add to the credibility of OTS taking
its existing chemicals program
public.
Use the checklist on the facing page to
prepare for setting up meetings. ©> ©> ^
B. LETTERS OF CONCERN
General Principles
"RM1 Letters of Concern" to industry will
emphasize pollution prevention as a desirable
goal. At the RM1 meeting, a decision can be
made to send a letter of concern based on a
perception of risk. However, an RM1 letter of
concern will make no reference to excessive
risk levels for particular facilities. If OTS
decides to send risk-based letters, that decision
will be made at an RM2 meeting, when a more
developed risk case may be available.
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CHECKLIST FOR CONSTITUENCY MEETINGS
Inform EAD liaisons about plans for
meeting with outside constituencies.
Ask the liaisons for their perspective
on who should be invited to the
meeting and whether there should be
separate meetings with different
constituencies. Environmental, labor,
and industry liaisons are in the Strate-
gies Development Section (382-3580).
State and Region liaisons are in the
Regional and State Programs Section
(382-2249). See Section III below for
a more complete description of how
liaisons can help you.
Identify which outside groups to
include.
Work with HAD liaisons, as neces-
sary, to learn who will take an interest
in, or be affected by, an OTS decision
on a chemical or class of chemicals.
Within industry, pay attention to
processors, as they are increasingly
interested inTSCA and related pollu-
tion prevention issues. Remember
labor and environmental groups, who
sometimes lack the resources to
routinely monitor OTS activities.
Remember States, many of whom
currently have pollution prevention
laws that can regulate a chemical
I ! Identify who to invite within EPA.
This includes OTS managers and
staff, as well as representatives from
other EPA offices.
Solicit input from outside parties.
Call and ask them which issues they
want covered in a meeting. Coordinate
this effort with any liaisons helping
you work with these groups.
!_] Send background
materials out in advance.
If possible, send them out early enough
to avoid the expense of overnight deliv-
ery. If an activity has a Regional focus,
contact the State and Region liaisons or
contact the lead Region directly for
advice on Regional contacts.
_] Make background
documents "user-friendly."
Convey the sense of an 'Invitation to
participate" in mebackground materials
you plan to send to outside groups.
Address the interests of outside parties.
For assistance in revising existing
materials, call RAO'S Communications
and Guidance Section (382-4075).
[] Develop a draft agenda.
Incorporate input from outside parties.
[] Schedule a pre-meeting
for OTS managers.
Advise them what the invited constitu-
ency groups are expected to say at the
meeting. Bring the draft agenda and
background materials that have been
mailed to invited groups.
RM1 letters of concern should be addressed to
the regulatory affairs department, or its
equivalent, at a company's corporate head-
quarters.
OTS headquarters must inform the Regions,
and send them copies, of draft letters pertain-
ing to facilities within their jurisdiction. The
Regions will decide what actions, if any, to
take with respect to individual facilities/sites.
The Regions will also transmit the package to
the appropriate contact in any State that has an
identified facility. QTS will then hold a tele-
conference at a predetermined date and time
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OPERATIONAL STEPS
As described below, these are the steps for processing an RM1 letter of
concern. Corresponding time estimates for these steps are also provided.
As the process evolves and standard letter formats are established, the time
required for review will probably decrease.
1. CASE IDENTIFICATION
AND INITIAL DRAFTING
Discussion of chemical at
RM1 meeting
delineation of risk scenarios
identification of current
regulatory actions
- Registry of Lists
recommendation to send
pollution prevention letter
- threshold for inclusion
of facilities
RM1 pollution
prevention letters
EC AD lead
- draft available for review
3weekspost-RMl
Time elapsed since RM.1: 3 weeks
2. INITIAL REVIEW OF LETTERS
OS review of RM1 letters
ECAD coordination
- initial review: 3 weeks
Concurrent review activities
Regional offices review
EAD coordination: 2 weeks
information package
- draft headquarters letters
- list of facilities/releases
- risk screening estimates
Program offices review
information package
- draft headquarters letter
- list of facilities/releases
- risk screening estimates
ECAD coordination: 3 weeks
Time elapsed since RM1: 6 weeks
3. PREPARATION OF FINAL LETTER
Final draft RM1 letter
ECAD coordination
- OIS comments
- program office comments
- timeline: 1 week
Regional office comments:
EAD compilation and input
- timeline: 2 weeks
revised draft
-review
- concurrence
- timeline: 2 weeks
Time elapsed since RM1:8 weeks
4. SIGNATURE
Final RMl letter
preparation of final draft
OD signature
- timeline: 2 weeks
Time elapsed since EMI: 10 weeks
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where concerned States or Regions can call
with issues. After this time, the letter would be
sent/ unless OTS determined that there was a
reason to delay or terminate the letter for that
case. Headquarters will give Regions back-
ground information on the case, including a
list of facilities and exposure scenarios of
concern.
Regions will submit to headquarters copies of
any pollution prevention letters they origi-
nated. These will be put in the Administrative
Record.
Headquarters, Regions and program offices
(with a regulatory interest on the subject
chemicals) will review the letters concurrently.
Eventually, after some experience is accumu-
lated, review activities may be limited to OTS
and affected program offices.
Headquarters will establish a feedback mecha-
nism with the Regions to monitor activities
that companies initiate and the results ob-
tained, as a consequence of RM1 letters of
concern. Headquarters will consider the
Regions' assessment when evaluating the
effectiveness of letters of concern.
For questions about Regional involvement in
letters of concern, contact BAD'S State and
Regional Section (Rebecca Oils, 382-7854).
Refer to the box on the facing page
for the operational steps for process-
ing an RMI letter of concern.
C COORDINATING ON
POLLUTION PREVENTION ACTIVITIES
Consultation with industry, Regions, States,
and nongovernmental organizations yields
information on areas of joint interest regarding
pollution prevention initiatives. This can lead
to pilot efforts to address real needs in devel-
oping pollution prevention programs on
existing chemicals. One example is the Print-
ing Industries of America's request for OTS to
help in developing a pilot pollution prevention
program for their companies. This is an oppor-
tunity for fostering voluntary pollution pre-
vention in an industry which faces significant
problems achieving this outcome indepen-
dently. With Regions and States being dose to
the real-world innovations being made in
pollution prevention, they can be partners in
identifying similar opportunities for working
with other industries.
For a description of the role liaisons can play in
assisting these efforts, see section ffi.
D. REQUESTING VOLUNTARY
SUBMISSION OF DATA
As part of the RM2 process, OTS is selectively
asking producers of a few chemicals to provide
EPA with their data on toxicity, exposure,
production, and use of chemicals.
E. SOLICITING NOMINATIONS
FOR RMI CHEMICALS
Taking nominations from outside parties for
chemicals they would like to see go through
the RMI process provides OTS with valuable
input Illustrative of how this can work is
labor's nomination (through the OTS labor
liaison) of oil-based cutting fluids in spring
1990. (These chemicals were the subject of an
RMI meeting in June 1990.) As of June 1991,
OTS is working through the OTS-OCM
(Office of Compliance Monitoring) Forum on
State and Tribal Toxics Action (FOSTTA) to
find an effective means for States and tribes
to make RMI nominations. OTS could build
on these efforts by systematically extending
the opportunity for making RMI nomina-
tions to nongovernmental organizations.
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III. OTS LIAISONS: GET THEIR
HELP, KEEP THEM INFORMED
As part of the OTS team, OTS constituency
liaisons assist in building bridges with outside
groups through a variety of ways. It is impor-
tant to inform them about initiatives you are
planning with outside parties, since liaisons are
better able to serve all OTS staff by staying
well-informed.
Who are the liaisons? They are all in the Environ-
mental Assistance Division. They are grouped in
several sections:
Strategies Development Section (SDS)
Environmental, industry, and
labor liaisons
Regional and State
Program Section (RSPS)
Regional and State liaisons
Congressional Liaison Section (CLS)
Congressional liaison
Communications and
Guidance Section (CGS)
Press relations.
How can they help? For assistance in these various
areas, check the following:
Press relations
See Chapter 4 (CGS also is responsible
for communications strategies and the
TSCA Hotline, discussed in Chapter 5)
Congressional
See Chapter 5
Regions and States
See below (Role of Regions is described
in Chapter 5)
Environmental, industry, and labor
See below.
IDENTIFYING PARTIES FOR OTS
"INFORMING" AND "INVOLVING" AcnvrnES
Liaisons maintain working relationships with
key representatives of outside groups. Liai-
sons can help identify who from outside
groups needs to be informed about or involved
in OTS activities. As is desirable, program staff
will often have developed their own working
relationships with outside parties. When
liaisons identify new contacts, program staff
are encouraged to maintain working relation-
ships with the "new" parties, too.
PREPARING FOR CONSTITUENCY MEETINGS
In addition to helping identify parties to attend
a meeting, liaisons assist in other aspects of
meeting preparation. These include:
Distinguishing when it may be advis-
able to have either separate meetings for
industry, labor, environmentalists, and
States, joint meetings for two or more
constituencies at a time, or Regional
meetings.
Reviewing background materials prior
to dissemination to outside parties for
their anticipated reaction. (TTiisisdone
in cooperation with BAD'S Communi-
cation and Guidance Section.)
Identifying instances when a trade
association or labor union may be
willing to handle meeting logistics and
dissemination of background materials,
due to their level of interest and avail-
ability of resources.
DEVELOPING OUTREACH PLANS
Liaisons can help program managers who are
planning to have a series of meetings, brief-
ings, mailings, etc on a topic by writing an
outreach plan for them. An outreach plan
includes a schedule of all anticipated outreach
activities, a list of all associated tasks to be
done, and a rationale for holding either sepa-
rate or joint constituencies meetings. An
outreach plan is useful when the number of
outreach activities is several, the number of
constituencies involved is several, and a need
to coordinate various activities has arisen. An
outreach plan can cover such steps as involv-
ing other EPA offices, other Federal agencies,
and congressional staff.
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FACILITATING JOINT
INTIATIVES WITH OUTSIDE
PARTIES ON POLLUTION PREVENTION
Liaisons can work cooperatively with program
managers who are interested in exploring joint
projects and pilots with outside parties and
Regions as a way of facilitating pollution
prevention. Liaisons can facilitate information
exchange between outside parties and OTS,
help set up meetings, and facilitate the coop-
erative design and development of a joint
initiative.
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CHAPTER 3
DIALOGUE AND
NEGOTIATED RULEMAKING
This chapter answers basic questions about how to set up,
manage and conduct public dialogues and negotiated
rulemaldngs. This includes:
Assembling a dialogue group
Various dialogue alternatives
Federal Advisory Committee issues
Dialogue support services available within EPA
Costs of dialogues and negotiated rulemakings
If you have questions, BAD'S Strategy Development Section
(Kathy Tyson, 382-3580) can provide more details.
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CHAPTERS
DIALOGUE AND
NEGOTIATED RULEMAKING
THE KEY QUESTIONS
In appropriate situations, a dialogue process helps generate more support for
a policy or a draft regulation than OT5 could obtain without the process.
Information about EPA's success rate with dialogues, and the selection criteria
for assessing when dialogue is appropriate, is available from OPPE's Regula-
tory Management Division (382-5480).
When a program office is contemplating extended dialogue with outside
groups, managers want answers to some basic questions:
Question #1
How quickly can a dialogue group
be assembled?
Question #2
What are the various kinds of dia-
logues to consider?
Question #3
Must we comply with the Federal
Advisory Committee Act (FACA)?
Question #4
Who can help us decide whether a
dialogue is appropriate and, if it is,
whether contractors can help us
conduct the process?
Question #5
What is this going to cost?
Question #6
How long will the process take, and
can we afford the time to invest in
this approach?
Question #7
How much staff time must be
allocated to support this effort?
Sometimes program managers decide they
want to consult with outside parties exten-
sively and want a process that can support a
sustained dialogue effort. When that situation
arises, a manager needs to plan an operating
schedule and estimate the staff time and
funding that will be necessary to go forward.
The following information is provided to assist
managers and staff in planning for dialogue,
advisory groups, or negotiated, rulemaking.
Always consider Regional input into the
dialogue process.
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I. START-UP TIME FOR
CONVENING A DIALOGUE
How quickly a dialogue group can be as-
sembled depends on what kind of a dialogue
you want. Assembling a group for a formal
and structured process, such as a negotiated
rulemaking, other Federal Advisory Commit-
tee, or policy dialogue, takes a bit longer than
assembling a group for an informal exchange
of ideas.
Negotiated Rulemaking ("reg neg")
The average time is about 3 months, although
the time has been cut to 6 to 7 weeks at consid-
erable effort. This counts the time from the
date the office decides to pursue a negotiated
rulemaking approach to the date of the organi-
zational meeting for participants in the nego-
tiation. All negotiated rulemakings must be
conducted in the format of a Federal Advisory
Committee. In most instances, the more time
invested at the front end in planning and
convening a negotiated rulemaking, the better
the outcome.
Other Kinds of Dialogue
The average time probably ranges from about
1 to 3 months. Informal, nonbinding dialogue
is quicker to launch than a formal policy
dialogue The more that is involved to coordi-
nate and ensure fairness, the longer it takes.
Federal Advisory Committees
These take about 6-8 weeks to establish. A
normal "rush" job would take about 6 weeks,
with all the steps carefully addressed. A
period of 8 weeks is more typical. This as-
sumes you still need time to identify the poten-
tial members which you must list in the Fed-
eral Register notice announcing EPA's intent to
establish a committee, and that the Office of
Pesticides and Toxic Substances (OPTS) Assis-
tant Administrator still needs to get the
Deputy Administrator's support. (These are
necessary steps; see HI, below.)
The more importance people outside EPA
attribute to the activities of the planned dia-
logue group, the more valuable it is to hire a
contractor to do a thorough convening of the
parties in order to ensure that: (1) there is a fair
and balanced membership of parties being
replanted; (2) there has been adequate
discovery of the various parties' interests in
coming to the table; and (3) participants have
been involved in coming to a common under-
standing of the scope of the dialogue and the
ground rules for conducting the dialogue.
II. CHOOSING A
DIALOGUE PROCESS
There are basically two kinds of dialogue to
considernegotiated rulemaking and policy
dialogue.
Negotiated Rulemaking
Negotiated rulemaking brings together a
balanced mix of parties and interests at the pre-
proposal stage to discuss issues for the pur-
pose of reaching a consensus in the develop-
ment of a proposed rule. Negotiated
rulemaking is conducted through a Federal
Advisory Committee, and is chaired by a
neutral facilitator. Committee members in-
clude one EPA representative and representa-
tives of a balanced mix of parties who will be
significantly affected by the rule.
EPA has been conducting negotiated
rulemakings since 1984. In November 1990,
President Bush signed into law the "Negoti-
ated Rulemaking Act of 1990." This law
codifies many of the existing practices of EPA
and other Federal agencies in conducting
negotiated rulemaking. One significant feature
of the law is that the Administrative Confer-
ence of the United States (ACUS) has been
given the discretion to pay for part or all of an
agency's expenses associated with negotiated
rulemaking.
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An important part of negotiated rulemaking is
the convening process. Usually EPA hires an
impartial convener, someone who assists EPA
in (1) identifying persons who will be signifi-
cantly affected by a rule, and (2) conducting
discussions with these people to identify their
issues of concern and to ascertain whether the
establishment of a negotiated rulemaking is
feasible and appropriate in the particular
rulemaking. As program managers experi-
enced in negotiated rulemaking would agree,
this phase is critical to a successful outcome.
Give it the time it deserves (usually 3 months),
because it will save you time in the end.
Dialogue
Dialogue on policy matters with outside
parties is referred to as "policy dialogue" and
simply "dialogue." The formality of the dia-
logue will depend on what the agency wants
to accomplish on the particular policy issues to
be resolved. The general purpose of policy
dialogue is to narrow or resolve differences
among parties on policy goals.
Policy dialogues do not necessarily require the
establishment of a Federal Advisory Commit-
tee. Managers and staff use "dialogue" to refer
to informal activities (such as a short series of
meetings with constituencies about issues of
concern) as well as more formal activities (such
as a fully convened and facilitated policy
dialogue process).
III. WHEN You NEED A
FEDERAL ADVISORY COMMITTEE
If you want to do negotiated rulemaking, you
must comply with the Federal Advisory
Committee Act (FACA). If you want to do a
policy dialogue in some form, you may qualify
for one of the exceptions under FACA, mean-
ing you would not have to set up a Federal
Advisory Committee. Call the Agency's
Committee Management Officer (Mary Beatty,
382-5000) for advice about the requirements for
setting up a Federal Advisory Committee
(FACA Committee), and when the exceptions
to establishing a Committee apply. Listed
below are the basic requirements of FACA and
several alternatives to establishing a FACA
Committee.
Federal Advisory Committee
This is a group established or utilized by an
agency to provide advice and recommenda-
tions and which includes members who are
not employees of the Federal government.
Alternative #1
Check in EPA's Brochure of Advisory Com-
mittees whether any existing Advisory Com-
mittee could be utilized (The Committee
Management Officer has copies of the Bro-
chure.) Sometimes subcommittees can be
added to existing Advisory Committees.
Alternative #2
Review EPA's Staff Committee Affiliation
Listing for possible alternative groups, such as
interagency committees and others. Again, the
Committee Management Officer has copies of
the listing.
Alternative #3
Explore the exceptions to FACA listed in Section
101-6.1004 of General Services Administration's
(GSA's) Final Rule on Federal Advisory Commit-
tee Management Discuss possible exceptions
with the Committee Management Officer and the
Office of General Counsel.
Also, when relying on an exception, try to
comply with the spirit of FACA anyway. This
reduces a party's incentive to challenge an
EPA decision not to use a FACA Committee
The following groups or meetings are exempt
from FACA's coverage:
Groups composed wholly of full-time
Federal employees
Fact-finding and informatipn exchange
groups
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GOING PUBLIC MANUAL
Meetings with people providing indi-
vidual (as opposed to collective) advice
or recommendations
Meetings with Federal officials initiated
by a group for the purpose of express-
ing their view, provided the Govern-
ment does not use the group recurrently
as a preferred source of advice.
Setting up a Federal Advisory Committee
If a FACA Committee is to be established,
prepare the following documents in consulta-
tion with the Committee Management Officer
and the Office of General Counsel:
a draft charter prepared in compliance
with FACA and the GSA Rule
a draft consultation letter to GSA
describing the Agency's plan to attain
"balanced" membership on the
committee
a draft transmittal memo from your
Assistant Administrator (AA) through
the Committee Management Officer to
the Deputy Administrator explaining
the need for an Advisory Committee.
IV. GETTING HELP:
Is DIALOGUE RIGHT FOR YOUR
CASE? How MUCH CAN
CONTRACTORS Do?
OPPE's "Regulatory Negotiation" staff (in the
Regulatory Management Division) helps all
EPA program offices assess whether dialogue
is appropriate for their circumstances. EAD
can provide preliminary guidance to OTS staff
as well.
Contractors are readily available to help con-
vene and facilitate a dialogue process.
Within OTS: EAD
EAD can work with OTS programs to assist in
answering basic questions. (Contact the Strate-
gies Development Section, Kathy Tyson.) EAD
can provide preliminary guidance on:
(1) How quickly a dialogue group can
be assembled;
(2) How EPA dialogues have spanned a
variety of formats and what the crite-
ria are for determining whether dia-
logue is appropriate;
(3) How to work with the Office of Policy,
Planning and Evaluation's (OPPE's)
Regulatory Negotiation Project staff
and outside contractors; and
(4) How much a dialogue will cost, how
long it could take, and what kinds of
tasks program staff can expect to be
associated with during a dialogue
process.
Within EPA: The Regulatory
Negotiation Project Staff
This staff, part of the Regulatory Management
Division in OPPE, provides key assistance in
several areas. You can work with either Chris
Kirtz (382-7565) or Debbie Dalton (382-5495).
Negotiated Rulemaking.
This staff will walk you through a preliminary
assessment of whether your regulatory devel-
opment project is a good candidate for reg neg,
advise you every step of the way as to what is
involved in doing a reg neg, supply a contrac-
tor to do your convening and facilitating, and
serve as the Project Officer on the contract.
They will give you substantial support
throughout the entire process.
Other Dialogue Support
The reg neg staff will also assist you in design-
ing other dialogues, locating convening and
facilitating support as needed, and providing a
contract mechanism to reach convening and
facilitating support services. Depending on
staff availability, they might be able to facilitate
a dialogue group for you, thus eliminating the
expense of using a contractor.
Outside the Agency: Contractor Support
The Reg Neg Project Staff have a contract,
currently with The Conservation Foundation
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GOING PUBLIC MANUAL
(CIO, for providing service in support of reg
negs, other dialogues, and large meetings. CF
is the prime contractor, and has a group of
subcontractors to take assignments. OTScan
fund a delivery order for specific services
under this contract. Debbie Dalton, as Project
Officer of the contract, will work with your
staff in setting up the delivery order and
facilitating satisfactory arrangements with CF.
Note: UrulertheNegptiated Rulemaking Act of 1990,
the Federal Mediation and Conciliation Service can
choose to provide facilitation services as well.
V. COST
Regulatory negotiations generally cost $80,000-
$100,000; formal dialogues can be comparable,
but informal ones can be inexpensive.
The costs associated with regulatory negotia-
tion stem from the need to pay for convening
and facilitating support services. Generally,
convening costs are approximately $10,000 to
$20,000, and facilitating costs are approxi-
mately $10,000 to $12,000 per two-day negotia-
tion session. Under an untested provision of
the Negotiated Rulemaking Act of 1990, the
Administrative Conference of the United
States has the discretion to pay for all or part of
an agency's expenses associated with negoti-
ated rulemaking. The Act also provides that
the Federal Mediation and Conciliation Service
may choose to provide facilitation services, for
which there is no charge to the requesting
agency.
Formal dialogues can involve slightly lower,
but similar, expenses for convening and facili-
tating support services. The less formal and
extensive the dialogue, the less support ser-
vices cost The single biggest factor on cost will
be whether it is necessary to get contractor
support for convening and/or facilitating
services.
VI. THE TIME FACTOR:
CAN You AFFORD IT?
Negotiated rulemakings generally take 4-8
months of actual negotiations, plus 3 months
up front for convening; dialogues can be as
long, or shorter if desired. In appropriate
circumstances, the time invested in these
approaches can serve to shorten the time for
getting a final rule or policy decision.
For negotiated rulemakings, the length of time
involved can be measured in pre-proposal and
final rulemaking stages. The negotiated
rulemaking itself occurs in the pre-proposal
stage, and generally takes 7 to 11 months,
although it has been completed at considerable
effort in a total of 5 months. When looking at
the time it takes to publish the final rule, it is
worth noting that negotiated rulemakings
consistently involve less time in getting to a
final rule than traditional rulemakings.
For dialogues, the length of time involved is
more variable, primarily because the goals of
dialogues tend to be more variable. Dialogues
generally take the same or less time than
negotiated rulemaking.
In appropriate situations, an investment in a
dialogue process may well yield outcomes that
are more acceptable and less contested by
affected parties. This can serve to shorten the
time involved in getting to a final rule or policy
decision.
According to OPPE's evaluation of this pro-
cess, the net result is generally a net savings in
staff resources necessary for getting out a final
rule
VII. STAFF RESOURCES
For regulatory negotiations, mangers will
probably need to allocate one to two staff
persons, approximately full time, for the length
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GOING PUBLIC MANUAL
of the reg neg meetings, and about half time
during the convening phase. They also will
need to put in some of their own time for a
regulatory negotiation. Dialogues take less
staff time.
For negotiated rulemakings, it is necessary
to devote more staff resources to the pre-
proposal stage than one would in a tradi-
tional rulemaking process. (Regional staff
resources should be allocated through the
lead toxics Region.) The benefit from doing
this becomes generally apparent in the post-
proposal stage, when fewer staff resources
will be necessary than in a traditional
rulemaking process.
Managers involved in negotiated rulemakings
need to recognize the importance of their
personal involvement at the outset of negotia-
tion sessions and of their accessibility through-
out negotiations.
For dialogues, the investment of staff resources
will depend on the complexity of the issues,
the number of parties, and the formality of the
process.
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CHAPTER 4
GOING PUBLIC
THROUGH THE MEDIA
This chapter provided pointers on how to:
Refer press inquiries to senior OPTS management
Determine a reporter's angle on a particular story
Prepare and deliver positive points as part of your message
If time allows, be aware of region-specific activities
Answer trick questions
Describe in layman's terminology important aspects of OTS revitalization.
If you have questions about press or media issues, contact EAD's Communica-
tions and Guidance Section (Esther Tepper, Chief [382-40751 or Mike McDonell
[475-8995]).
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CHAPTER 4
GOING PUBLIC
THROUGH THE MEDIA
KEY POINTS TO REMEMBER
If you are going to handle an interview with the trade press yourself, then the
guidelines in Sections fflYE of this chapter are for you.
If you are going to refer a press inquiry to someone else (according to the
guidance in Section II), then the guidelines in Sections in YE of this chapter
are for the person handling the press interview.
Read Section ITs Referral Policy carefully. This will guide you on:
O which kind of press inquiry to answer yourself,
O which kinds of press inquiries to refer to others,
O and to which people you should refer various press inquiries.
I. INTRODUCTION
This chapter covers key aspects of how to deal
with the media to ensure OIS's message is
communicated to the public The chapter ad-
dresses the importance of doing interviews, when
and how to refer reporters to other sources, and
how to prepare and conduct interviews.
A. WHY Do I NEED MEDIA TRAINING?
Although if s unlikely that RM managers will
ever be interviewed by major networks or
newspapers, it is very likely RM managers will
do interviews with the trade press. The infor-
mation in this chapter will help RM managers
more effectively present the OTS message to
the media.
B. SHOULD I Do INTERVIEWS?
YES! Publicity is very important to OTS's
revitalization and RM processes. The more
times these terms or EPA's name is heard or
seen in the press, the better. Also, awareness of
Regional activity can serve to enhance the
effectiveness of the interview. The key is to
make sure those references are in a positive
light. If there is unfounded negative publicity
concerning the agency or the chemical in
question, it is advantageous to diffuse the
negative issue and transform it into a neutral
or positive feeling.
» *
Whether the news media's story is about a
positive or negative aspect of the agency or the
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GOING PUBLIC MANUAL
RM process, the public is sophisticated enough
to want to hear from EPA. In your case, the
press may request an interview with you
directly because you or your office should
know the most about the chemical in question
and the RM process.
II. REFERRAL POLICY
A. INTERVIEWS
WHO AND WHEN TO NOTIFY
If you are approached for an interview
by major newspapers, publications,
radio or TV networks (i.e., the New York
Times, Washington Post, ABC, NBC)
then call:
BAD'S Communications and Guidance
Section
Esther Tepper, Chief (382-4075)
BAD'S Assistance Programs
Development Branch
Bob McNally, Chief (382-3949)
Either Esther or Bob will immediately
alert Mark Greenwood and Linda
Fisher's offices. Normally Linda will
probably handle the interview herself or
refer it to Mark Greenwood, Joe Carra
or a Division Director.
If a reporter is from a minor newspaper or
publication (general circulation or the
Trade Press) and approaches you for an
interview, you should notify one of the
following managers as appropriate, since
some questions might need to be an-
swered by someone who could provide a
general or broader background
ECAD's Deputy Division Director,
Jim Willis (Screening, RM1, Testing)
382-3442
CCD's Chemical Control Branch,
Paul Campanella, Chief (RM2, regula-
tory development) 382-3945
IMD's Public Information Section,
Doug Sellers, Chief (Administrative
Record) 382-3598
If the reporter asks a policy-type ques-
tion, if s best to refer the call to Jim, Paul
or Doug unless you have been cleared
by your management to handle such
rails.
If a reporter calls and has an informa-
tional question, you should handle the
call. For example, a reporter may ask
when a constituency briefing will be
held and what groups are invited to
attend. In this case, no manager need
be contacted
You should be aware that reporters
may call OTS staff with a few, seem-
ingly harmless questions and then
begin to delve into more specific issues.
Before you know it, you're being inter-
viewed. Don't fall for this trick! Any-
time you are talking to a reporter con-
sider it as being "on the record." Here
are two useful tips to use anytime a
reporter calls:
1) Try to buy time. Do not grant an
interview immediately. Tell the
reporter that you have to run to a
meeting or that you need to check
with your supervisor. Try to get a
good idea of the kinds of informa-
tion the reporter is after. Tell the
reporter that you will get back to
him/her in an hour and then do
so. This will give you time to think
about how to respond to the
reporter's questions and how to
get the Agency's position across
most effectively.
2) In the meantime, contact the rel-
evant manager and dear the inter-
view; either you or the manager
will do the interview, or the inter-
viewer will be referred to upper
management, if appropriate.
Never refer the press to the TSCA
Hotline for information unless it is
to receive guidance documents and
other materials. '"
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GOING PUBLIC MANUAL
III. THE PRE-INTERVIEW
CHECKLIST
Once you've agreed to do an interview on a
specific topic, schedule the time and place.
However, never agree to have an interview
conducted immediately. Planning and prepa-
ration are critical elements in ensuring a suc-
cessful interview. Depending on the interview,
preparation can take as little as 10 minutes or
as long as a month.
To help you prepare, here are key questions
you should ask the reporter
Why do you want to interview me?
What is the source of the material
being discussed (e.gv EPA rule, press
clipping, a new study)?
Will the interview be recorded?
What will you ask?
Who else will be interviewed?
This information will help give you a sense of
the reporter's knowledge and angle on the
story. It will also help prevent unpleasant
surprises once the interview begins.
IV. INTERVIEW PREPARATION
When preparing the content portion of your interview, remember the following:
Q Say what "you" want to say, not
what "they" want you to say.
Q Develop positive points
(i.e., why the action we are taking
is good) and a theme (or themes).
See examples at the end of the chapter
that stress positive points (i.e., how
great revitalization is, how the RM1
process works). In an interview,
always come back to these positive
points.
Q Write down the positive points
you wish to make.
Q Use anecdotes (word pictures)
if possible.
Q Use analogies (word pictures)
if possible.
Q Use quotes when appropriate.
Q Anticipate the reporter's angle.
(What did they say they would ask;
put yourself in their shoes.)
Q Be honest.
Q Be memorable.
Q Talk from pride.
Q Consider every thing you say as
on the record.
Q Always answer the question.
Never say "no comment." If a
qualifier is needed, say "yes, but...,"
or "no,but..."
Q Only talk about what you know
and never about what someone
else thinks. (For example, if a
reporter asks you what a certain
industry thinks about X, refer them
to the source. You might say "I
really cannot speak for industry,
but I can give you an industry
contact at X industry who can."
While you must keep your statements short,
you must also remember some other impor-
tant factors, best summed up by two words:
simplicity and brevity.
Viewers, listeners and readers must under-
stand what you are trying to get across. Keep
sentences simple. Don't put too many subjects
into one statement. It is better to say one thing
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GOING PUBLIC MANUAL
several times than several things once. In
essence, talk in headlines.
Try to avoid percentages. Instead of making
the audience do the mental calculations, do
them yourself . Thirty-seven percent is dearly
explained as "37 out of 100." Fifty percent is
better as "one half." Ninety percent becomes
"9 out of 10." You also help the audience
visualize your point, and you personalize it
as well.
For the sake of simplicity, avoid
jargon and overly scientific terms.
This is particularly important when EPA staff
speak about chemicals and planned activities
under TSCA. The language of your expertise
is usually not understood by the masses. In
many cases, even fairly well-informed people
(i.e, reporters) have a difficult time under-
standing or remembering certain concepts.
Translate common OTS jargon into everyday
language, then use the everyday version when
you are interviewed.
OUR JARGON
POSSIBLE TRANSLATION
KM process
Section 6 rule
A process for EPA
to make decisions
that protect human
health and the
environment from
risky chemicals.
A rule that protects
the public from a
chemical that poses
a very high risk
V. HELPFUL HINTS FOR
A SUCCESSFUL INTERVIEW
For all interviews, including those with the
print media, remember the following pointers
that will help get your message across in a
positive fashion.
Voice:
Tone Exercise your voice before
interviews
Clarity People must understand the
words you are saying
Speed Too fast and listeners can't
follow you...
Too slow and you become
ponderous and boring
Pacing Vary it to keep listener
interest
Feelings Vital that your voice reflect
your interest and concern
with the topic
Volume Do not use volume to make a
pointyou lose warmth
Eye Contact
Good eye contact is important in
convincing the interviewer of your
credibility. Wandering eyes may
represent deceit or confusion.
Gestures
You use gestures in normal everyday
situations so you should use them in an
interview. They help emphasize points
you are making. Use gestures when
appropriate and natural. Do not use
broad sweeping gestures.
VI. EXAMPLES OF "TRICK"
QUESTIONS
Below are examples of "trick" questions some
reporters use during interviews.
Fishing Expeditions
Some people begin a line of questioning
simply to see what might happen.
Hold your ground and don't worry.
Remember to concentrate only on the
question that has been asked, and don't
try to guess where the questioner is
headed. You will often miscalculate,
leading to problems. Answer questions
one at a time in a positive way, and you
will be fine.
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GOING PUBLIC MANUAL
"Anything Else You'd Like to Say?"
Questions
Many people get into trouble by
bringing up a whole new area. Simply
restate your intended themes and
positive points.
Rapid Fire Questions
If a reporter asks a quick series of
questions, simply say "You've asked
several questions. Which one would
you like me to answer first?" or
"You've asked several questions. Let
me start by answering your question
about..." The second version should
not repeal a negative allegation. In
either case, when done answering, ask,
"Now, what was your next question?"
Interrupters
A reporter may not let you completely
answer the questions. If this is a persis-
tent problem, after the interruption, say
"As I was saying..." Or, ignore the
interruption and complete your answer,
then say, "Now what was it you
asked?" A long pause after an interrup-
tion may also send a message to the
interviewer.
Pauses or Silence
Be careful. Too often, people feel the
need to fill the void. If s the reporter's
problem if there is silence, not yours. If
you can add to your theme, go ahead.
If you have nothing to say, then stay
silent
UseofHypotheticals
"What if..." questions are common.
Don't speculate. Don't answer any
question that you don't know the
answer to.
VII. EXAMPLES OF
GENERAL TALKING POINTS
Toxic USE REDUCTION
In order to better protect the public health and
the environment, we need to reduce the use of
toxic chemicals.
INDUSTRY RESPONSIBILITIES
Industry must be more responsible in its
manufacture of chemicals and substances
whose effects are unknown.
GOING PUBLIC
We are now opening up the decision-making
process and are not relying solely upon time
consuming regulatory actions. We are involving
a number of constituencies, besides the chemical
industries, in an attempt to promote dialogue and
action-oriented approaches to toxic chemicals.
Some of these constituencies include:
States
other Federal agencies
public interest groups
organized labor
environmental groups
international organizations
user industries
CHEMICAL SCREENING
To better protect health and the environment, we
are expanding our screening of chemicals in order
to identify dusters of similar chemicals.
MASTER TESTING LIST
We are establishing a master testing list, a priority
list of chemicals to be evaluated for potential risks
to the public and the environment
RISK MANAGEMENT PROCESS
In order to protect public health and the environ-
ment OTS has streamlined its review of chemi-
cals to make sure dangerous chemicals are dealt
with quickly and effectively.
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CHAPTER 5
ADDITIONAL
GOING PUBLIC OPPORTUNITIES
This chapter provided additional information on "going public"
opportunities including how to:
Involve and respond to congressional interests
(Congressional Liaison Section, 382-7605)
Develop and use OTS communication strategies
(Communications and Guidance Section
Esther Tepper, 3824075)
Inform and utilize OTS Hotline staff to inform the
public about OTS activities
(Communications and Guidance Section
Wanda Woodburn, 382-3795).
Work with regions and leverage the regional network
(Regional and State Program Section
Rebecca Dils, 382-7854).
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GOING PUBLIC MANUAL
CHAPTERS
ADDITIONAL
GOING PUBLIC OPPORTUNITIES
I. CONGRESSIONAL ACTIVITIES
The Congressional Liaison Section (CLS) of
HAD maintains working relationships with
key staff on the Hill who have an interest in
toxics issues. As concerns are raised by these
staff members, CLS alerts both OTS manage-
ment and the program staff who are involved
in a particular project of interest. It is very
important that when you are contacted directly
by Hill staff that you inform CLS. These initial
contacts often lead to formal inquiries or
hearings. OTS staff cooperation in helping
CLS to keep management informed of con-
gressional interest is imperative.
HEARING PREPARATIONS
CLS is very active in preparation for congres-
sional hearings. The role of CLS staff includes
developing testimony (including testimony
with a multiprogram interest, i.e., lead); initiat-
ing pre-briefing discussions with staffers on
the Hill; coordinating agency briefings to
discuss agency policies and development of
strategies; researching committee concerns;
setting the structure for hearings; requesting
information and setting deadlines for program
staff; coordinating OMB review of testimony;
and responding to follow-up questions.
STAFF BRIEFINGS
CLS is also involved in coordinating congres-
sional staff briefings on topics which may
include the Asbestos Hazard Emergency
Response Act, the Asbestos School Hazard
Abatement Act, Lead Initiatives, reauthori-
zation of TSC A and any other key topics
relative to the OTS.
INTRA-AGENCY LIAISON
CLS also provides assistance to the Office of
Congressional and Legislative Affairs (OCLA).
OCLA contacts CLS staff with requests to
resolve congressional telephone inquiries.
CONTROLLED CORRESPONDENCE
CLS responds to controlled and uncontrolled
correspondence and takes a genuine interest in
the public's concerns and in finding the an-
swers to all inquiries, including many not
related to OTS issues.
OTS "CONGRESS AND Toxics"
NEWSLETTER
CLS staff keeps OTS staff informed about
congressional activities. We have developed a
newsletter, "Congress and Toxics," which
provides an update on newly introduced
legislation, briefings and hearings that have
recently taken place, upcoming briefings and
hearings, and any other news related to Con-
gress. This newsletter is distributed to OPTS
and OTS management, OCLA and key con-
tacts in OTS program areas. CLS staff circu-
lates copies of testimony fronvrecent hearings
to all OTS section and branch chiefs and pre-
pares articles for other OTS newsletters, in-
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GOING PUBLIC MANUAL
duding "Grapevine." CLS also distributes
materials of interest, such as congressional
reports, legislative proposals, or outside analy-
ses of items of interest to OTS staff.
NEW LEGISLATION
CLS staff coordinates OTS comments on
pending legislation and completes legislative
analyses on pending legislatioa CLS gathers
intelligence on upcoming congressional activi-
ties through the review of relevant literature,
including "Environment and Energy Study
Institute Weekly Bulletin"; "Pesticides and
Toxic Chemical News"; "Congressional
Record"; and OCLA Legislative Reports. The
section reviews these materials, identifies key
contacts on the issues, and disseminates the
materials to key OTS management and appro-
priate program staff . In addition, the section
summarizes key provisions of these materials
and coordinates OTS activity when a more
extensive analysis of materials is necessary.
If you would like more information on
congressional activities, contact EALTs
Congressional Liaison Section (382-7605).
II. COMMUNICATION STRATEGIES
WHEN ARE THEY NECESSARY?
Communications strategies, according to the
Communications Strategy Staff in EPA's Office
of Communications and Public Affairs
(OCPA), must accompany all items that re-
quire the signature of an assistant administra-
tor, the deputy administrator, or the adminis-
trator. This is a fairly comprehensive require-
ment and encompasses, at a minimum, all
items that go through Red Border Review,
including proposed rules, final rules, reports to
Congress, releases of major studies, and re-
sponses to legal actions.
WHAT ARE THEY?
A communications strategy is an internal,
working document with a number of compo-
nent parts, which are explained in detail in a
document entitled "Communications Plan
Guidance" prepared by OCPA's Communica-
tions Strategy Staff . (This informative docu-
ment is available from Mike McDonell or
Esther Tepper in EAT^s Communications and
Guidance Section.) In layman's terms, though,
a communications strategy (communications
plan) is designed to provide the reader with a
general understanding of the following:
what the action is;
how it came about;
which people will care about it
(e.g., the press, as well the regulated
community, constituent groups, Con-
gress, States, the general public);
what the various reactions of these
people are likely to be;
how the agency wants to portray the
actioni.e., what "message" it wants
to convey to the public;
how the chosen message will be
conveyed;
and to whom the message will be
conveyed, in very specific terms.
WHO USES THEM, AND How?
Communications strategies are internal
documents intended for use by people in the
agency who are likely to want or need key
information about an impending action and
how it will be presented to the public. These
people are likely to include the relevant office
director, assistant administrator, associate
administrator for OCPA, the deputy adminis-
trator, the administrator, and people on
their staffs.
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GOING PUBLIC MANUAL
Communications strategies are supposed to be
used in two ways:
1. To provoke creative thought about the
most effective way to communicate a
particular action.
2. To serve as an information source for
key agency officials and to help them
respond to press and public inquiries
about the actioa
WHO WRITES
COMMUNICATION STRATEGIES?
For major actions, FAD'S Communications and
Guidance Section, in consultation with the
appropriate program office staff and manag-
ers, develops and writes the communications
strategy. For less visible actions, the program
office drafts the strategy, using OCPA's guid-
ance (see above), and EAEXs Communications
and Guidance Section reviews and modifies
the draft, as necessary.
WHO IMPLEMENTS
COMMUNICATIONS STRATEGIES?
Implementation includes, but is not limited to,
such tasks as developing mailing lists, produc-
ing mailing labels, stuffing envelopes, filling
out print request forms, photocopying, writing
cover letters, coordinating with other agency
offices, tracking key activities that must occur
prior to the action date (and spurring them
along, if necessary), reserving rooms for con-
stituency briefings, and making logistical
arrangements for conference calls.
Implementation is a responsibility shared
among the lead office in OTS, EAD (including
the TSCA Hotline, in some cases), and OCPA's
Press Division. The Press Division is respon-
sible for preparing and disseminating to the
press the final version of any press release,
press advisory, or note to correspondents
prepared for an action. It is also responsible
for answering or referring calls from the press
and for making arrangements for press brief-
ings or press conferences in which the administra-
tor or deputy administrator is involved.
The precise division of responsibility between
the lead OTS program office and EAD varies
from strategy to strategy and depends on
resource requirements, complexity of imple-
mentation, and the action's priority level. It
also depends to some extent on the amount of
notice EAD is given about the lead office's
need for assistance. Implementation task
assignments are discussed when the strategy is
in early draft form and are specified in detail in
item ten of the strategy document, "Announce-
ment Notification Plan."
WHEN Do COMMUNICATION
STRATEGIES HAVE TO BE DONE?
OCPA says there should be a draft plan, at
least in summary form, at least 90 days before the
"action date." This can be difficult, since "action
dates" tend to be extremely mobile. From a
practical standpoint, work should begin on a
communications strategy
1. when there is some realistic sense of
what the "action date" is;
2. when there is some understanding of
what the "action" will entailor, at
least, what the major action options
are.
How DOES THE COMMUNICATION
STRATEGY DEVELOPMENT PROCESS BEGIN?
As soon as the lead program office is aware
that an upcoming action will require a commu-
nications strategy, that office should contact
Esther Tepper or Mike McDonell in BAD'S
Communications and Guidance Section. At
that point, the nature of the action and the
likely action date will be discussed. In addi-
tion, if appropriate, there will be a preliminary
allocation of responsibilities for strategy devel-
opment and implementation.
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GOING PUBLIC MANUAL
WHERE Is HELP AVAILABLE?
Help is available from EALTs Communications
and Guidance Section. Call either
Esther Tepper (382-4075) or
Mike McDonell (475-8995).
TSCA HOTLINE AND
INFORMATION ASSISTANCE SERVICE
What services does the Hotline provide?
The TSCA Assistance Information Service,
generally known as the TSCA Hotline, sup-
ports the implementation of section 26(d) of
the Toxic Substances Control Act (TSCA) by
providing technical assistance on TSCA regu-
lations to the chemical industry, labor and
trade organizations, environmental groups,
State and local governments, the EPA Regions,
and the general public. In addition, the service
supports the implementation of the Asbestos
School Hazard Abatement Act (ASHAA), the
Asbestos Hazard Emergency Response Act
(AHERA) and Title m, the Emergency Plan-
ning and Community Right-to-Know Act as
part of the Superfund Amendments and
Reauthorization Act (SARA).
Hotline staff respond to inquiries received by
telephone or mail from the public. Responses
take the form of information provided over the
telephone and mailings of OTS documents.
The public's reliance on the Hotline has in-
creased greatly in recent years. Currently, the
service responds annually to over 35,000
telephone calls and 3,000 letters; distributes
over 250,000 documents; and implements a
variety of external notifications of OTS.
How can RM managers
use the Hotline capability?
Of course, the quality of service the hotline
provides is only as good as the information
hotline personnel have. In order to better serve
the public, OTS staff must keep the hotline
informed (in advance) of new regulations,
current "hot" issues, public meetings sched-
uled, new documents being made available,
and upcoming external notification distribu-
tions. EAD conducts an ongoing training
program that is coordinated by Wanda
Woodburn, the Hotline Project Officer
(382-3795). RM managers should regularly
inform the hotline of new developments and
send copies of relevant RM-related materials to
the hotline. OTS staff should call Wanda to
schedule a briefing for the hotline staff or pass
on pertinent information concerning a public
meeting, new documents or requests for
assistance with an upcoming distribution. In
some instances, RM managers may want to
invite hotline staff to attend meetings to help
familiarize them with key issues.
You can reach the TSCA Assistance Informa-
tion Service by dialing (202)554-1404,8:30 a.m.
to 5:30 p.m., EST, Monday through Friday.
III. THE REGIONAL
ROLE IN GOING PUBLIC
The Regional lead and sublead system can be
leveraged to enhance the process of publiciz-
ing the existing chemicals program. A descrip-
tion of the Regional lead and sublead system
appears on the next page. The OTS staff
should consider the Regions as part of the
internal decision-making process, and can
contact them through EAEXs Regional and
State Program Section or the lead toxics Region
or the sublead Core TSCA Region.
OTS staff can use the Regional network to
increase the dissemination of agency informa-
tion. The Regions serve as links to State gov-
ernments and have established contacts in each
of their States. The Regions may also have key
relations with industry, labor, and environ-
mental or public interest groups specific to
their Region.
The Regions have a variety of information-
sharing networks, including TOXPESTNews
and the EPCRA Staff Update newsletters.
These can be effective tools to inform the
Regions and their constituencies of existing
chemicals activities. Call EACXs Regional
and State Program Section (contact Rebecca Dils,
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GOING PUBLIC MANUAL
382-7854) or the lead Region contact for guidance
on how best to tap into the Regional networks.
A. LEAD REGION
ROLES AND RESPONSIBILITES
MAJOR GOALS FOR LEAD REGION
Q To build regional consensus on key
policy, guidance, rule-making, budget-
ary, administrative and planning activi-
ties;
Q To represent both majority and minor-
ity positions, needs and perspectives;
Q To impact the HQs Office of Pesticides
and Toxics Substances (OPTS) deci-
sion-making process, including balanc-
ing national consistency and regional
flexibility; and
Q To enhance effective communications
between the regions and HQs and
within the regions on pesticides and
toxic substances activities.
«
PRIMARY RESPONSIBILITIES OF THE LEAD REGION
Building Regional Consensus;
Representing Regional Views; and
Impacting OPTS Decision Making:
Coordinates regional and state input into the
development of key policy, guidance, rule
making, budgetary and planning documents
that are not coordinated by the Sub-Lead
Regions. Assures that regional interests, needs,
and perspectives are represented or considered
in the development of these key documents.
When possible, the Lead Region develops a
regional consensus position. If a consensus is
not reached, the Lead Region formulates a
regional response citing both majority and
minority opinions but reflecting all regional
concerns. The Lead Region communicates
these comments to HQs and to the other
regions, unless other arrangements are made.
If a Sub-Lead Region for topic area decides that
it does not have tike time to coordinate regional
response and cannot find a substitute, then it
contacts Lead Region and the Lead Region
decides:
if Lead Region should coordinate
regional response;
if Back-Up Lead Region should coordi-
nate regional response; or
if no coordination is required and all
regions should send responses directly
toHQ.
Enhancing Communications:
Lead Region serves as the focal point to en-
hance communications between the regions
and HQ and between all ten regions. Methods
of communications include:
Meetings and Conferences (National
OPTS meetings, spring planning meet-
ings, RA/DRA meetings, Division
Directors' meetings, Branch Chiefs'
meetings, Section Chiefs' meetings,
FOSTTA, SHREG, etc.);
OPTS Work Groups: inform regions of
work group formations and assist in the
selection of regional participants in the
workgroups;
Conference Calls (OPP monthly calls,
OTS monthly calls, ad hoc calls on
specific issues);
Written Status Reports such as the
monthly Lead Region newsletter
ToxPest and the quarterly Lead Region
Highlights Reports: Prepares and distrib-
utes to the other regions and relevant
HQ staff a monthly newsletter ToxPest.
ToxPest contains information on upcom-
ing meetings, status of regulations,
policies and guidance, announcements
on new work groups, discussion of
regional initiatives or special projects
and list of items where regional input
has been requested; and
Daily Contacts by telephone, e-mail, fax,
memoranda on an "as needed" basis.
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GOING PUBLIC MANUAL
LEAD REGION CONTACTS
Region 10 became the Lead Region for Pesticides and Toxics in FY91.
The lead region contacts are listed below:
NAME
FTS PHONE
E-MAIL
FAX No.
Gerald Emison 399-5810 EPA9000 399-0149
Deputy Regional
Administrator
Gary O'Neal 39^4152 EPA9062 399-0110
Director
Air and Toxics Division
Ken Feigner 399-1198 EPA9045 399-0110
Chief Pesticides and
Toxics Substances Branch
Jayne Carlin 399-0890 EPA9045 399-0110
Laid Region
Coordinator
BACK-UP LEAD REGION
EPA Region 3 has been assigned as Back-Up Lead Region for FY91-FY92. The Back-Up
Lead Region assists the Lead Region in its responsibilities as requested and represents the
regional perspective at meetings which the Lead Region cannot attend.
6. SUB-LEAD REGION ROLES AND
RESPONSIBILITIES
MAJOR GOALS OF SUB-LEAD REGION
To act as a focus of regional involvement in
their key program area by:
Q providing early impact in the HQs
Office of Pesticides and Toxics Sub-
stances (OPTS) decision-making pro-
cess in the sub-lead area;
Q communicating emerging HQ policies,
rules and guidance to the regions and
communicating regional concerns and
perspectives to HQ;
Q building regional consensus on key
policy, guidance, rule making, budget-
ary, administrative and planning
activities; and
Q representing both majority and minor-
ity positions, needs and perspectives.
PRIMARY RESPONSIBILITIES OF SUB-LEAD REGION
1. Work Group Formation:
Sub-Lead Region for the relevant pro-
gram area coordinates the selection of
the participants for new work groups or
work groups needing more regional
participants. Once selections have been
made, Sub-Lead Region notifies Lead
Region and HQ of the final selections.
2. Work Group Tracking:
Actively tracks the status of high prior-
ity work groups and follow-up on HQs
response to regional input. Also moni-
tors the effectiveness of communica-
tions with all regions on work group
activities in the assigned area.
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GOING PUBLIC MANUAL
3. Regional Review of Documents:
Polls regions on issues pertaining to
program area. Gathers and coordinates
comments dealing with issues in Sub-
Lead Region's program area from all
regions, with the intent of reaching
consensus. If the Sub-Lead Region is
unable to reach consensus with the
regional staff, section chiefs, or branch
chiefs, the issue should be raised to the
regional senior managers for resolution.
4. Newsletter Participation:
Each Sub-Lead Region contact provides
information to the Lead Region Coordi-
nator for the monthly newsletter
ToxPest by the 25th of each month.
Information should be obtained from
work group participants in the sub-lead
region area, as well as other sources.
5. Enhancing Communications:
The Sub-Lead serves as the program-
specific focal point to enhance commu-
nications both between the regions and
HQ and between all ten regions for that
program. Methods of communication
include organizing and leading regional
program-specific retreats/planning
meetings, national meetings, conference
calls, daily contacts, and troubleshoot-
ing for the regions.
SUB-LEAD REGION CONTACTS
The current sub-lead region
KEY PROGRAM AREA
assignments for pesticides and toxics are:
REGION CONTACT
FTS PHONE No.
Asbestos
Certification/Training
Endangered Species
EPCRA, Section 313
Core FIFRA (FIFRA88)
Ground Water
Multi-Media/Pollution
Prevention
PCBs
Core TSCA/Existing
Chemicals
Worker Protection
1
2
4
8
7
5
10
6
3
9
Marv Rosenstein
Ernie Regna
Jim Kutzman
C Alvin Yorke/
DianneGroh
Leo Alderman
Phyllis Reed
Ken Feigner
Robert Murphy
Jim Kutzman
Davis Bernstein
835-3273
340-6765
257-5201
330-1730
276-7400
886-6006
399-1198
255-7235
597-8598
556-5388
SPECIAL NOTES ON SUB-LEAD AREAS:
Core TSCA includes the existing chemical revitalization program, Section 5 & 8 Program, and the
Industrial Toxics Project. (During the program development stage of FTP, the Lead Region will chair
the Regional Participation Subcommittee for this Project.)
Core FIFRA includes FIFRA 88.
Multi-Media/Pollution Prevention includes all issues which are not covered by other sub-lead areas
and/or which covers more than one area or program, e.g., strategic planning or budgetary topics.
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