United States
Environmental Protection
Agency
Issue No. 17
December 20, 1982
Page 65
«B>A TIMES
A PUBLICATION FOR EPA EMPLOYEES
Personnel
Dec. 23
Deadline
The Open Season for Federal
employees to change their
health insurance ends on
Dec. 23. Employees who
want to enroll or to change
their present enrolIment
must complete a health
benefit registration form
(SF 2809) and submit it to
their Personnel Office by
the close of business on
that date. New enrol I-
ments and changes in current
enrollments selected during
the open season will become
effective Jan. 9, 1983.
CI ient
Services
EPA's Client Representa-
tives in three Office of
Administration divisions
have resolved many of the
problems given to them in
over 400 calls since the
system was set up earlier
this year.
Client Represesentatives
are selected on a rotational
basis to answer any questions
or problems that employees
may have regarding that
particular division. The
representatives work with
responsible officials in
their own divisions, as
well as with specialists
Gorsuch Responds to Contempt Citation
EPA Administrator Anne M. Gorsuch has pledged to carry
out the President's orders on keeping confidential sen-
sitive documents in the Agency's law enforcement files,
despite the fact that the House Public Works and Trans-
portation Committee voted recently to cite her for con-
tempt of Congress for this stand.
In a statement replying to the committee action, Mrs.
Gorsuch declared: "It is really discouraging to EPA's
hazardous waste enforcement efforts for the Public Works
and Transportation Committee to cite me for contempt,
but I am no less committed to preserving the confi-
dentiality of EPA's law enforcement files.
"President Reagan specifically directed that these
sensitive documents be protected from disclosure.
I agree with that directive and shall carry it out.
"There is an important need to preserve the Con-
stitutional separation of powers. For Congress to have
access to sensitive documents in open law enforcement
files would at the very least make the Congress a silent
partner in the administration and prosecution of our
laws. That administrative duty rests with the President,
and upon the Executive Branch, not upon the Congress.
"The President's assertion of executive privilege to
protect the confidentiality of these records and to
protect the Constitutional separation of powers is
consistent with the position of his predecessors going
back to George Washington.
"Former Attorney General Robert Jackson, who later
served on the bench of the Supreme Court, told the
Congress more than 40 years ago that 'all investigative
reports are confidential' and 'congressional or public
access to them would not be in the public interest."
"He went on to declare that disclosure of such records
'could not do otherwise than seriously prejudice law
enforcement. Counsel for a defendant or prospective
defendant could have no greater help than to know how
much or how little information the Government has, and
what witnesses or source.- of information it can rely
upon.'
"That is still the oosition of the Executive Branch.
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fcb
Nielson Wins Award
Lyman Nielson, Director of EPA Region 101 s
Washington State Operations Office in Olympia,
Wash., received the Agency's Distinguished
Career Award when he recently retired after
five decades of public service. The award was
approved by Administrator Anne M. Gorsuch.
The award citation commended Nielson for
his pioneering efforts that "shaped policies
and programs which resulted in significant
improvements in the environmental quality of
the Pacific Northwest." He had previously
received the EPA Silver Medal for Superior
Services (1972); the EPA Bronze Medal for
Commendable Services (1971); and the Federal
Water Quality Administration Special Service
Award (1970).
During his long career, Nielson, a pro-
fessional engineer, served both State and
Federal agencies.
In a semiannual report to Congress, EPA's
Inspector General has stated that investiga-
tions by his office will lead to recovery of
a substantial portion of the award of $465
million in questionable construction grants.
Inspector General Matthew Novick reported
that 947 audits have been completed which
raised questions about expenditures of $456
million out of a total of S3.86 billion in
construction grant awards audited.
EPA officials have concurred in many of
the Inspector General's findings and in-
dicated that action would be taken to de-
obi iqate, avoid or recover approximately
$323 million in Federal iunds.
The Inspector General also investigated
cases which led to indictments and convic-
tions with fines totaling $320,000, the
report stated.
EPA Administrator Anne M. Gorsuch commended
Inspector General Matthew Novick fur the
impressive results achieved for the six-
month period ending September 30, 1982. '
"This record of accomplishment is truly
outstanding, and proves that government
operations can be made more efficient.
These audits and investigations help to
assure the American people that their tax
dollars in environmental protection are well
spent."
Copies of the Inspector General's report
are available at EPA's Public Information
Center, 401 M Street, S.W., Washinqton, D.C.
20460.
Hearings Set
on Diesel Standards Delay
EPA will hold a public hearing January
18 on its proposal to delay for two
years implementation of more stringent
standards on particulate exhaust
emissions from diesel cars and light-
duty trucks.
The additional time is needed to com-
plete development and test the trap
oxidizer device needed to reduce par-
ticulate emissions to the tighter
standard now scheduled for the 1985
model year.
Particulate emissions from diesel-
powered cars and small trucks are now
limited to 0.6 grams per mile (gpm).
The new standard, which would be effec-
tive for the 1987 model year under the
proposal, is 0.1 gpm for cars and 0.26
gpm for smal1 trucks .
EPA's analysis of the development work
is documented in a report entitled
"Trap Oxidizer Feasibility Study," which
is available for inspection (Docket A-
81-20) at EPA's Central Docket Section
in Gallery 1, West Tower Lobby, 401 M
Street S.W.
The public hearing on the proposal will
open at 9 a.m. January 18 at the EPA
Motor Vehicle Emissions Laboratory, 2565*
Plymouth Ro.id, Ann Arbor, Mich.
People who want to speak at the hearing
should provide written notice to EPA by
January 7, indicating the length of
their testimony and any need for audio-
visual equipment. If possible, the
Agency would like to have an advance
copy of statements.
Wrii.ten comments may be submitted
through February 17. They should be
sent to Central Docket Section (A-130)
Docket No. A-81-20, 401 M Street, S.W.,
Washington, D.C. 20460.
For more information, call or write
Richard Rykowski (313) 668-4339, Emis-
sion Control Technology Division, 2565
Plymouth Road, Ann Arbor, Mich. 48105.
EPA Inspector General Questions
$465 Million in Construction Grants

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Kay Named to Head Region 7
EPA Administrator Anne M. Gorsuch has
announced the appointment of Morris Kay as
Regional Administrator fur EPA's tour-state
Region 7, headquartered in Kansas City,
Mo. The region encompasses Kansas, Missouri,
Iowa and Nebraska.
"Morris Kay draws on nearly three decades
of experience in business and government,"
Mrs. Gorsuch said. "The unusual perspective
he brings to EPA will strengthen our ability
to forge a better working partnership be-
tween EPA and State and local governments in
achieving environmental goals."
Kay, 50, is a partner in the Insurance
Manaaers Association and served as Regional
Vice President for the National Guardian
Life Insurance Co. from 1973 to 1980.
He served for three terms in the Kansas
House of Representatives, from 1966 to 1972,
and was Majority Floor Leader there from
19/0-1972. He was a Republican nominee
for U.S. Congress in 1982 and is a member of
the site selection committee for the 1984
Republican Convention. He was elected
Republican State Chairman in 1979 and re-
elected in 1981. He also was Republican
nominee for Governor in 19/2, and was a
Reagan delegate to the 1980 Republican
National Convention.
He served as president of the Lawrence,
Kansas, Chamber of Commerce in 1970, and
received the Distinguished Service Award
for outstanding community service in 1968
from the Lawrence Jaycees. He was president
of the Cosmopolitan International Civic
Club in 1962, and received its Man of the
Year award in 1959. He also has served on
the Kansas Advisory Council and Kansas State
Geological Survey.
Kay, a native of St. John, Kansas, received
a B.S. degree in 1954 from the University of
Kansas, and has been in the life insurance
business since 1957. He and his wife Judy
have four children.
Use of "Bubble"
by National Steel Wins EPA's OK
A "bubble" plan to reduce air pollution
from the National Steel plant in Weirton,
West Virginia, was approved by EPA last
week.
The bubble will allow the company to
reduce air pollution by controlling dust
from roads and parking lots rather than
installing more costly control devices
in steelmaking operations. The bubble
will save the firm $30 million.
A July 1981 consent decree obligated
National Steel to capture 1,819 tons of
fugitive dust annually from four steel-
making operations: a blast furnace cast
house, basic o.
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68
PERSONNEL continued
GORSUCH RESPONDS TO CONTEMPT CITATION continued
in regional and field
offices responsible for
those functions, to serve
as trouble shooters and to
respond to service problems.
Under the rotation system,
Tom Yates has now replaced
Pam John as the CIient
Representative for Pro-
curement and Contracts
Management. He can be
reached at 382-5026. Room
2003, Waterside Mai 1.
Meanwhile, a new client
representative1 position has
been created in the Finan-
cial Management Division.
Mamie Walker has been
selected as the first
Client Service Representa-
tive and can be reached at
382-5113, Room 3423, Water-
side Mai 1.
Yates and Ms. Walker
will join Kathy Petrucelli,
the Client Service Rep-
resentative for the Per-
sonnel Management Division
(382-5217, Room 3020,
Waterside Mall) and Portia
Cunningham, the Client
Representative for the
Facilities and Support
Services Division 382-
HELP, Room 2806A, Water-
side Ma 11).
If you have a problem or
need information involving
these services, the Client
Services Representatives
are available to help you.
"The subpoena issued by the subcommittee would cover
more than 787,000 memoranda, letters, papers, notes,
documents and other records related to 160 hazardous
waste sites. The vast majority of these documents will
be made available. Only a small portion of them will be
withheld. Iri our initial review of these files, we
identified 81 docurnerts that we considered sensitive.
I'm sure there will be others as the review proceeds.
"these particular records are sensitive because they
contain information which, if disclosed, would hamper
our law enforcement efforts. The documents which have
been withheld are those which are sensitive memoranda or
notes by EPA attorneys and investigators reflecting
enforcement strategy, legal analysis, lists of potential
witnesses, settlement considerations and similar mate-
rials the disclosure of which might adversely affect a
pending enforcement action, overall enforcement policy,
or the rights of individuals.
"EPA will continue to cooperate in providing Congress
and its committees the widest possible leeway in re-
viewing our records. That, too, is a directive of
President Reagan.
"It is disappointing to see the Democratic leadership
eroding precious Congressional time when much needed
legislation, such as department and agency budgets, are
going unattended."
Site in Atlantic Proposed
for Burning Wastes
An Atlantic Ocean site has been proposed for
the at-sea incineration of liquid organic
chemical wastes. The only site approved now
for at-sea incineration is in the Gulf of
Mexico.
The proposed Atlantic site covers 1,240.
nautical square miles. ' Its center is about
140 nautical miles east of Delaware Bay, 155
miles east-southeast of New York Harbor.
Notice of the proposed designation was pub-
lished iri the Federal Register November 17.
Comments will be accepted through January 3.
They should be submitted to T. A. Wastler,
Chief, Marine Protection Branch (WH-585),
EPA, 401 M Si"., Washington, D.C. 20460.
The EPA Times is published every two weeks by EPA's Office of Public Affairs, A-107,
Washington, D.C. 20460, to provide current information for all EPA employees. It is
punched with three holes for binding for future reference.
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