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DIRECTIVE NUMBER: 9010.01
TITLE: HEADQUARTERS AND REGIONAL OSWER OMBUDSMAN FUNCTIONS

APPROVAL DATE: AUG 14, 1991
EFFECTIVE DATE: AUG 14, 1991
ORIGINATING OFFICE:  ASST ADMIN, OSWER
G FINAL
                D DRAFT
                  STATUS:
             [  ]  A- Pending OMB approval
             [  ]  B- Pending AA-OSWER approval
             [  ]  C- For review &/or comment
             [  ]  D- In development or circulating
                REFERENCE (other document*):
                            headquarters
E    DIRECTIVE    DIRECTIVE    D

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          United States Environmental Protection Agency
                 Washington. DC 20460
OSWER Directive Initiation Request
                                                                    i. Directive Number

                                                                     9010.01
                                   2. Originator Information
      Name of Contact Person
          Robert J. Knox
                  Mail Code
                    OS-130
Office
  Ombudsman
Telephone Code
  475-9361
      3. Title
           Headquarters and  Regional OSWER Ombudsman Functions
      4. Summary of Directive (include brief statement of purpose)

            Broadens the Ombudsman function to cover  all OSWER Programs including RCRA,
       SUPERFUND, CEPP, Underground Storage Tanks and oil spills.  Also established is a
       toll-free "response  line" for citizen access  to the Ombudsman.
      5. Keywords
          Broaden Ombudsman  function,  Toll-free response line
      5a. Does This Directive Supersede Previous Directive(s)?
      b. Does It Supplement Previous Directive(s)?
                                             No
                                             No
                                   Yes    What directive (number, title)
                                                     Yes    What directive (number, title)
      7. Draft Level
          A - Signed by AA/DAA
             B -- Signed by Office Director
       C - For Review & Comment
         D - In Development
8. Document to be distributed to States by Headquarters?
X

Yes


No
This Request Meets OSWER Directives System Format Standards.
9. Signature of Lead Office Directives Coordinator
^^vyk>>^c^A- -^_,
10. Name and Title of Approving Official
Date
Sr-|S-9|
Date
      EPA Form 1315-17 (Rev. 5-87) Previous editions are obsolete.
   OSWER      .     OSWER               OSWER               O
VE     DIRECTIVE          DIRECTIVE        DIRECTIVE

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                                                              9010.01
             UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
                        WASHINGTON, D.C.  20460
"V
                             AUS I 4 1991
                      OFFICE OF
             SOLID WASTE AND EMERGENCY RESPONSE
MEMORANDUM
 SUBJECT:   Headquarters and:/Regj/onal
     3SWER Ombudsman  Functions
Q-/
  h
 FROM:   .ft/Don R.  Clay
        >Y Assistant Administrator

 TO:      \ Waste Management Division Directors
          1   Regions I-X
           Environmental Services Division Directors
             Regions I, VI and VII
           Superfund Community Relations Managers
             Regions I-X
PURPOSE;

     To  expand the OSWER Ombudsman functions in EPA Headquarters
and Regions.

BACKGROUND:

     As  you  know,  OSWER established the Office of Ombudsman  in
May, 1986, as was  required under the Hazardous and Solid Waste
Amendments  (HSWA).  The function of the Office of Ombudsman  was
"to receive  individual complaints, grievances, requests for
information  submitted by any person with respect to any program
or requirement under this act."  In addition, the Ombudsman  was
charged  with rendering "assistance with respect to the
complaints,  grievances, and requests submitted to the Office of
Ombudsman,"  and making "appropriate recommendations to the
Administrator."

       In July 1986 the Agency expanded the Ombudsman function to
include  Superfund  issues and to provide this service for all of
OSWER  in Headquarters and the Regions.  However, it is clear that
this is  not  well known among Superfund staff in Headquarters and
the Regions.
                                                         Printed on Receded Paoer

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                                                                90L0.01
     As stated in the Hazardous Waste Ombudsman Handbook, the
Ombudsman assists the general public by:

     o    Acting as an EPA contact for the public;
     o    Providing people-to-people service;
     o    Enhancing program responsiveness;
     o    Promoting goodwill;
     o    Cutting through red tape; and,
     o    Expediting without alienating.

The Handbook further delineates Ombudsman policy as follows:
"While striving to be objective, the Ombudsman must remember that
he or she is part of EPA's mission, and thus, must work within
EPA's system to address problems rather than standing apart and
criticizing the Agency."

IMPLEMENTATION:

     In view of the broad and interrelated nature of our mission
and a desire to provide increased and easier public access to
information concerning the handling of hazardous waste, I have
decided to expand, formally, the role of the OSWER Ombudsman.
This comes at a time when many of our Regional and Headquarters
program offices have been discussing the need for establishment
of and/or expansion of Ombudsman-like programs.   It will, I
believe, serve to clarify the scope and commitment of OSWER to
this important function.  Because consistency is important in
assuring equal public access to this service and because the
Ombudsman function draws its strength from its network of
Regional counterparts, I am requesting that each Region similarly
broaden its Ombudsman function to cover all OSWER programs,
including RCRA. Superfund. chemical emergency preparedness.
underground storage tanks, and oil spills.

     The OSWER Ombudsman program employs the "self-correctional"
method, which encourages the line staff to resolve complaints
within their own programs.  This method not only provides the
complainant with knowledgeable respondents, but also provides
staff with an opportunity to address potential problems of which
they might not otherwise become aware and take on ownership of
the complaint process.  The OSWER Ombudsman role is to bring
people together to resolve problems in a team approach, calling
in experts for a particular case when needed.  The Ombudsman
assists EPA management by:

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                                                              9010.01
                              - 3 -
     o    Early identification of problem areas;
     o    Raising issues for analysis;
     o    Collecting and analyzing information;
     o    Documenting findings and conclusions; and,
     o    Presenting results to senior EPA management.

     Additionally, it has come to my attention that many citizens
using the Ombudsman service have commented about the limited and
costly nature of accessibility to the program.  I believe that
this accessibility could be vastly improved through the use of a
toll-free number.  After reviewing this issue, I have decided on
a trial one-year program which would establish and broadly
publicize a toll-free, 800 telephone number.  We have recently
acquired a Senior Environment Employment (SEE) Ombudsman Program
Assistant, who will assist in the program and will conduct an
annual evaluation of the effectiveness and utilization of the new
toll-free service.  We will be establishing a computerized data
base to track more efficiently programmatic trends, geographic
interests, and complaint resolution records.  These data will be
valuable to us as an early warning system,  as a means of
identifying potentially significant areas for self-evaluation,
and in our assessment of environmental equity issues.

     At my request, the Hazardous Waste Ombudsman, Bob Knox,
attended the recent national Superfund Community Relations
Coordinators Conference in Boston, where he explained how the
Ombudsman might interface with the Superfund Community Relations
staff.  Community Relations Coordinators from across the nation
voiced a concern that the Ombudsman might duplicate, and in some
cases inadvertently undermine, their public involvement efforts.

     While I can understand such concerns,  I am convinced that
the benefits will far outweigh the risks.  The Ombudsman is
committed to working within the system, and talking directly to
the program areas in which issues arise.  He or she will not
circumvent existing community relations staff, and will not serve
as a place to go to contest or override Superfund decisions.  I
look forward to working with all of you as we enhance this
program and public access to our program information.  If you
have any questions, please call Bob at FTS 475-9361.
cc:  OSWER OD's

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