The Counsel to the Chairman is responsible for ensuring that the recycling program is
functioning as it should.

c. Implementation methods

Programs are directly implemented by the Executive Director and the
Administrative Office staff. Education regarding the recycling program was provided
through a presentation by a District of Columbia official to all employees. Because
of the Commission’s small size (roughly 56 employees), implementation is relatively
simple.

d. Positions

The principal work of developing and implementing programs will be done by
personnel who already fill other positions. Because the Commission has only about
56 employees (including Commissioners and Administrative Law Judges), it is
frequently necessary for supervisory employees to undertake responsibilities in many
different areas.
e. Planning table

The programs in question should be fully implemented before or during FY 2011.

No new financial resources will be needed. In any event, all new financial resources
must be devoted to reducing the Commission’s case backlog.

f. Agency status

This topic is covered by the discussion in “Summary of Accomplishments” above.

Section 3: Agency Self Evaluation

As already stated, the Commission is currently in the process of developing and
implementing teleworking and alternative work schedule programs. The plan is for
those programs to be fully implemented by the beginning of FY 2011.


SUSTAINABILITY PLAN OF FEDERAL MINE SAFETY AND HEALTH
REVIEW COMMISSION IN ACCORDANCE WITH EO 13514

Section 1: Agency Policy and Strategy

I. Agency Policy Statement

The Federal Mine Safety and Health Review Commission is an independent
adjudicative agency that provides administrative trial and appellate review of legal
disputes arising under the Federal Mine Safety and Health Act of 1977 (Mine Act).
The Commission is committed to complying with all applicable environmental and
energy statutes, regulations, and Executive Orders, including EO 13514. In carrying
out this commitment, the Commission’s Senior Sustainability Officer coordinates all
relevant matters with the Chairman of the Commission and with the Commission’s
Executive Director, who is responsible for, among other things, financial matters,
leasing arrangements, and procurement matters.

The Commission is committed to meeting its sustainability targets and goals by
undertaking certain projects, including the following:

1) recycling of solid wastes (paper, aluminum, plastic/glass)

2) implementation of a new teleworking policy that will reduce emissions resulting
from commuting; and

3) implementation of a new alternative work schedule policy that will reduce
emissions resulting from commuting

Zh O20), Coed
Michael A. McCord

General Counsel and Senior Sustainability
Officer

Il. Sustainability and the Agency Mission

The Commission’s mission is to provide fair and timely adjudications of cases
arising under the Mine Act. The Commission functions essentially as an
administrative court and has very limited control over the number of cases that are
brought before it and the precise nature of those cases. As such, sustainability does
not play a major role in the Commission’s carrying out of its mission. However,
enabling employees to telework from home and to use alternative work schedules
should not only support sustainability goals but also increase employee morale and
productivity.


III. | Greenhouse Gas Reduction Goals

The Commission is a small agency (approximately 56 employees) that is located
in the equivalent of one floor of leased space in a privately owned building in
Washington. It also leases a small suite of offices in a GSA-owned building in
Denver. Its GHG emissions are solely scope 3 emissions.

Because of the Commission’s leasing arrangement, it was not possible to obtain
separate data for GHG emissions due to electricity transmission and distribution
losses or contracted solid waste disposal. Almost all of the Commission’s GHG
emissions result from employee travel. Because the Commission’s administrative
law judges must travel to scheduled hearings in most instances, the only feasible area
for emissions reductions is employee commuting.

The Commission is in the process of implementing a teleworking program and an
alternative work schedule program. It expects that both these programs will result in
a reduction of employee commuting days and therefore the programs will reduce
GHG emissions from commuting. The agency has calculated that the target for the
reduction in commuter mileage should be approximately 3.8% by 2020. This figure
also takes into account that the Commission will likely have more employees in 2020
because of the growth in its caseload.

In addition to reductions in GHG emissions from employee commuting, the
Commission has also implemented a new recycling program. The program involves
segregation of paper, aluminum, and plastic/glass wastes from one another and from
other solid wastes. It is being carried out in cooperation with building managers both
in the privately owned headquarters building in Washington and in the GSA-owned
space in the Denver field office.

IV. Plan Implementation

The Senior Sustainability Officer, who is also the General Counsel, is responsible
for directly reporting to the Commission Chairman on implementation of the
Sustainability Plan and for keeping her apprised of all relevant developments. The
SSO coordinates all sustainability activities with the Commission’s Executive
Director, who is responsible for budgetary matters and numerous other matters
involving the Commission’s physical resources. The Executive Director is also
responsible for ensuring that the plan is implemented in the Commission’s Denver
field office and in any other field offices in the future. In addition, the SSO
coordinates certain matters with the Chairman’s Counsel, who is a member of the
Recycling Committee for the privately owned building in which the Commission’s
headquarters is located.


Vv. Evaluating Return on Investment

In carrying out her duties, the Executive Director will take return on investment
into account to the extent possible. At the present time, the Commission is facing an
emergency situation. Because of factors beyond its control, the annual number of
mine safety cases being filed with the Commission has increased by roughly 450%.
This has resulted in a case backlog of more than 17,000 cases. Congress has already
held two hearings to address the situation and is currently preparing a supplemental
appropriations bill so that the Commission may obtain additional resources to attack
the backlog.

VI. ‘Transparency

The Commission plans to place the final Sustainability Plan on its website as a
new and separate category of information. All updates will also be included.

Section 2: Performance Review & Annual Update

I Summary of Accomplishments

The Commission is currently in the process of developing and implementing a
teleworking program and an alternative work schedule program. Those programs are
expected to reduce GHG emissions from employee commuting. In addition, the
Commission has recently instituted a recycling program.

IL. Goal Performance Review

The only applicable goal for the Commission at this time is Goal No. 2: Scope 3
Greenhouse Gas Reduction. The only goal area where GHG emissions reductions
may reasonably be pursued is the area of employee commuting.
a. Goal description

The Commission believes that the teleworking and alternative work schedule
programs should result in GHG emissions reductions of 3.8% associated with
employee commuting by FY 2020.
b. Agency lead for goal

The Senior Sustainability Officer is responsible for developing and overseeing the

Commission’s programs in this area. The Executive Director is responsible for
implementing the teleworking program and the alternative work schedule program.