EPA Back in the "Fishbowl"

In a recent memorandum to employees, the head of the U.S. Environmental Protection Agency (EPA) outlined broad principles of transparency that will govern the agency's interactions with the public. By promising to operate EPA as if it were "in a fishbowl," Administrator Lisa Jackson reinstated a principle many considered ignored by the previous administration. Jackson also announced measures to promote transparency in EPA's economic stimulus activities.

Jackson's April 23 transparency memo [1] explains that to gain the public’s trust, the EPA "must conduct business with the public openly and fairly." Jackson pledges that all agency programs "will provide for the fullest possible public participation in decision-making," including groups that have been historically underrepresented, such as minorities and those affected disproportionately by pollution. The memo also details an EPA commitment not to favor any particular special interest and to review outside recommendations critically and independently.

Presumption of Openness

In accordance with President Obama's recently announced policy regarding Freedom of Information Act [2] (FOIA) compliance, the memo directs EPA staff to presume that information should be disclosed whenever possible. Only where a protected interest would be harmed or where the law prohibits disclosure should staff refuse to make information available. The memo does not detail what steps will be taken to conform to the administrator's instruction to "make information public on the Agency's Web site without waiting for a request from the public to do so." However, government transparency advocates [3] have long sought such an approach to pushing information out to the public.

Rulemakings

In the memo, the administrator calls on EPA employees involved in rulemakings to ensure that all public correspondence is submitted to the public docket, including summaries of oral communications. The instruction falls short of guaranteeing that all meetings with non-EPA staff are disclosed, but rather, it requires only those that contain "significant new factual information regarding a proposed rulemaking" to be posted. The memo also instructs rulemaking staff "to provide all interested persons with equal access to EPA." Greater transparency [4] in the rulemaking process is sought by open government and regulatory reform advocates.

The administrator does not provide detailed guidance on how to ensure all relevant communications with the public are disclosed in the rulemaking docket. The memo does, however, encourage the use of a variety of media and technologies for communicating with the public. Internet-based dialogues are highlighted as one useful form of public participation, in addition to the more traditional public hearings and the Federal Register public comment process. The memo encourages EPA staff "to be creative and innovative in the tools we use to engage the public in our decision-making."

Schedules

The memo includes a commitment from the administrator to post her daily schedule online, allowing the public to see what groups and individuals are meeting with her. Other senior officials are also directed to post their appointment calendars on the EPA website. The administrator's and acting deputy administrator's calendars currently appear online, but only the current day's appointments are available. Schedules from previous days or upcoming days are not accessible.

Restoring a Tradition

In 1983, following the resignation of EPA Administrator Anne Gorsuch Burford [5] amidst scandal, President Reagan brought back the first EPA administrator, William Ruckelshaus. To restore confidence in the agency, Ruckelshaus vowed to a Senate committee to operate the agency as if it were in a fishbowl, where agency actions were transparent and included open public participation. His subsequent memo [6] set forth principles of transparency for agency employees.

Rep. John Dingell (D-MI) and Bart Stupak (D-MI) of the House Committee on Energy and Commerce sought such a memo from Bush administration EPA Administrator Stephen Johnson, noting in a December 2007 letter [7] that every administrator from 1983 to 2001 had issued a memo detailing the openness principles. Johnson never produced a fishbowl memo during his time as EPA administrator.

The EPA administrator's office is now in the process of creating guidance and policies for implementing the principles set forth in Jackson’s memo. The agency has stated that additional guidance governing public communications will be available to the public once it is formulated.

Other transparency issues the agency will be working on include the review of information alleged to be confidential business information and guidance on how program staff should coordinate with the agency's public affairs office when communicating with the public. The previous administration was criticized because expert staff were infrequently available to answer questions from the public.

Recovery Act Transparency

In testimony [8] before a House committee on April 29, Jackson announced measures being developed to provide transparency and accountability in the disbursement of billions of Recovery Act dollars provided to EPA. Jackson stated, "Transparency will be achieved through regular reporting to the Agency’s Recovery Web site, as well as the government-wide Recovery site." To date, transparency on Recovery Act activities has been spotty, according to numerous watchdog groups [9].

The Recovery Act provides $7.22 billion for EPA-administered programs, including the Clean Water State Revolving Fund, the Drinking Water State Revolving Fund, Superfund, Brownfields, Underground Storage Tanks, and Clean Diesel programs. The EPA has already distributed $1.5 billion to 49 states, plus the District of Columbia and American Samoa, mostly for the clean water programs.

According to Jackson, EPA is working to make all Recovery Act activities "transparent to the public, the public benefits of these funds are reported clearly, accurately, and in a timely manner." The agency has appointed a "Senior Accountable Official" who will lead and coordinate all EPA actions under the Recovery Act. Jackson also announced a "Stimulus Steering Committee comprised of senior managers from across the Agency" that monitors stimulus activities weekly. So far, no public information is available about this committee's composition or findings.

The Recovery Act also provides EPA's Office of Inspector General (OIG) with $20 million to oversee stimulus activities. The OIG's activities and findings to date are available online [10].

Note: Image in teaser by flickr user The Facey Family [11], used under a Creative Commons license.