&EPA
The mission of the U.S.
Environmental Protection
Agency (EPA) is to protect
human health and safe-
guard the environment.
One way EPA helps fulfill
its mission is by regulat-
ing the management and
disposal of hazardous
wastes under the
Resource Conservation
and Recovery Act (RCRA).
RCRA has the following
three general goals: To
protect human health and
the environment • Jo
reduce waste while con-
serving energy and natural
resources • To reduce or
eliminate the generation
of hazardous waste.
United States
Environmental Protection
Agency
Solid Waste
and Emergency Response
(5306W)
EPA530-E-00-001f
October 2000
www.epa.gov/osw
How You Can Make
a Difference in Hazardous
Waste Management
The public is inherently invested in RCRA because of the health and environ-
mental risks that can result from the mismanagement of hazardous waste.
Citizens can help protect themselves and their environment from hazardous
waste releases by understanding the RCRA regulations and learning how to
participate in environmental decision-making.
EPA is committed to involving the public
in the development and implementation
of hazardous waste regulations, as well
as in monitoring the activities of their
local hazardous waste management
facilities. Under RCRA, public participa-
tion activities involve EPA and facility
owners by encouraging input and feed-
back from local communities, conduct-
ing dialogues with the public, providing
access to decision-makers, assimilating
public viewpoints and preferences, and
demonstrating that expressed opinions
have been considered. EPA regards pub-
lic participation as an important activity
that empowers communities to under-
stand and influence how their own haz-
ardous waste is managed.
To facilitate public participation, EPA
conducts extensive outreach activities,
including public meetings and informa-
tive Internet postings. In addition, EPA
publishes guidance documents that
describe RCRA's intent and focus. These
publications range from general fact
sheets to technical guidance documents
and are available over the Internet or
can be ordered from the RCRA Hotline
(see the "Would You Like More
Information?" section).
Public Participation in the
Rulemaking Process
Public involvement is an integral part of
the RCRA rulemaking process. When
creating new regulations, EPA must first
publish the proposed rules in the
Federal Register, a daily publication for
requirements and notices issued by fed-
eral agencies. The public can examine
the proposed regulations, attend public
hearings to learn about regulatory
Printed on paper that contains at least 30 percent postconsumer fiber.
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Public Participation in Permitting
Steps for Public Participation
in Permitting
Facility notifies public of informal meeting at
least 30 days prior to meeting.
Informal public meeting.
Permit applicant submits permit application,
including a summary of the public meeting that
includes details of the meeting attendees.
Upon receipt of application, permitting agency
sends notice to everyone on facility mailing list
indicating where public can view application.
Permitting agency noti-
fies public of decision
to issue a draft permit
or a notice of intent to
deny, and opens mini-
mum 45-day comment
period.
During comment period,
public or permitting
agency may request a
hearing; permitting
agency must notify public
at least 30 days prior to
such a hearing.
After comment period closes, permitting
agency reviews, evaluates, and responds
to all comments and issues a final permit
decision.
Permitting agency notifies the facility owner
and operator, public commenters, and all
other persons who requested notice on the
final permit decision.
options that EPA is considering, and express their opin-
ions by submitting written comments to the Agency. EPA
is required to consider and respond to all public com-
ments before issuing a final rule. After EPA publishes
the final rule in the Federal Register, the public has the
right to petition for its amendment or repeal.
Owners and operators of treatment, storage, and dis-
posal facilities (TSDFs) are required to inform the public
of their intent to begin operating and continue to keep
the public informed of facility decisions that may affect
the community. Since TSDFs handle large amounts of
hazardous waste, they are stringently regulated by EPA.
For example, a landfill or an incinerator receiving haz-
ardous waste would be considered a TSDF and subject
to hazardous waste permit provisions. TSDFs can oper-
ate legally only under the conditions prescribed in their
permits.
EPA has established public participation requirements
that must be satisfied during the TSDF permitting
process. The first step in this process is the pre-
application meeting. This meeting must be advertised
by the facility owner and held at a convenient location.
At this meeting, the public learns about proposed
facility operations and their potential impacts on human
health and the environment and has the opportunity to
express opinions and concerns. Citizens who attend the
pre-application meeting can subscribe to a mailing list
and receive new information about the facility as it
becomes available.
After the pre-application meeting, the facility owner sub-
mits the permit application for EPA's review. Before
making a final decision to issue or deny the permit, EPA
again allows the public an opportunity to comment and
considers all opinions and concerns. In special cases
where a significant amount of public concern has been
displayed, EPA may require the TSDF to establish an
information repository containing certain documents
and data that EPA specifies must be available for public
viewing. Once a facility's permit is approved, the owner
must notify the public and receive authorization from
EPA if it intends to operate under different conditions
than those specified in the permit.
Facilities that generate wastes incidental to their
primary business operations do not have public notifica-
tion requirements. These facilities are called hazardous
waste generators, and can range from local dry clean-
ers or service stations to laboratories or manufacturing
facilities. Hazardous waste generators are not regulated
as stringently as TSDFs because they handle smaller
volumes of waste for short periods of time.
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RCRA Databases Maintained by EPA
EPA maintains two main databases with information collected from hazardous waste facilities: the Biennial
Reporting System (BRS), a database used to collect and report biennial data on hazardous waste generation
and management, and the Resource Conservation and Recovery Information System (RCRIS), a database
used to track facilities regulated under the RCRA hazardous waste program. RCRIS includes general informa-
tion on hazardous waste facilities, (all handlers with permits to treat, store, or dispose of hazardous waste),
compliance with federal and state regulations, and any RCRA facility cleanup activities.
Access these databases at the Envirofacts Warehouse Web site at <.
The public, however, can still obtain information about
hazardous waste generators, as well as TSDFs, by
searching EPA-maintained databases that contain spe-
cific information about each facility or by reading
reports that are published based on the same informa-
tion. Additionally, state hazardous waste contacts can
provide facility-specific information.
EPA recognizes that valuable public participation can
take place outside of the formal regulatory procedures.
EPA supports communities in their efforts to carry out
informal means of public participation, including com-
municating with other citizens, public interest groups,
regulated facilities, and EPA.
Public Participation in Corrective
Action
Corrective action is the cleanup of hazardous waste
releases that have occurred at TSDFs. Since contamina-
tion can directly impact communities, public interest in
corrective action is usually strong. Under RCRA, the
public can obtain information related to current or
potential releases, including levels of contamination,
the extent of health and environmental risks, and the
potential for future risks. The public also can seek addi-
tional opportunities to provide input to the overseeing
agency or the facility about contamination cleanup.
At permitted RCRA facilities, corrective action activities
can be incorporated by modifying the facility permit. As
mentioned earlier, modifications to a facility's permit
might require some type of public notice and participa-
tion. Nonpermitted facilities conducting corrective action
must satisfy similar public participation requirements,
even though they do not have a permit to modify. EPA
and facilities should make all reasonable efforts to
seek public participation early in the corrective action
process because important cleanup decisions are made
during the investigation and assessment of the site. At
a minimum, information regarding corrective action
activities should be available, and the public should be
given an opportunity to review and comment on pro-
posed cleanup remedies. EPA's corrective action
publications and guidance are available on the Internet
at .
Understanding Risk
Exposure to hazardous waste contamination can pose
serious risks to human health. EPA calculates contami-
nation risk by using a complex scientific process called
risk assessment. In its risk assessment process, EPA
examines two main factors: the likelihood of human or
environmental exposure to the contamination and the
adverse health effects that the substances can cause.
The likelihood of exposure is dependent on environmen-
tal factors and chemical properties including the mobili-
ty, persistence, and potential of the chemical to
accumulate in plants or animals. The degree of harm
the substance can cause is dependent on its toxicity.
The level of risk calculated by EPA for a particular situa-
tion might not necessarily correspond to the risk per-
ceived by the public. The public generally evaluates risk
based not just on scientific data, but also on personal
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perceptions. For example, a lot of public concern might
be generated by the presence of a toxic contaminant,
while EPA might scientifically assess the same conta-
minant as a low risk because the probability for expo-
sure is minimal, or because the contaminant is
relatively immobile and would not travel far from the
facility. A community might also become concerned
about negative publicity, which can sometimes be
associated with local waste management operations
such as hazardous waste combustion facilities. It is
important for EPA and the public to work together to
consider all of the available information and make
informed risk evaluations. Although risk assessment is
technically complex and requires scientific expertise,
there are important ways for citizens to contribute.
Environmental Justice
For EPA, environmental justice is the "fair treatment for
people of all races, cultures, and incomes regarding the
development of environmental laws, regulations, and
policies." By making environmental justice an integral
part of its regulation development, EPA ensures the
equal distribution of environmental risks across socio-
economic and racial groups. All federal agencies are
required to identify and address environmental concerns
and issues of minority and low-income communities.
EPA encourages hazardous waste facilities to use all
reasonable means to guarantee that all segments of
the population have an equal opportunity to partici-
pate in the permitting process and have equal
access to information. For example, EPA may need to
publish multilingual notices and fact sheets, as well
as provide translators, in areas where the affected
community contains significant numbers of people
who do not speak English as a first language.
Environmental justice current events, publications,
and contacts are available on EPA's Web site at
.
Would You Like More Information?
RCRA, Superfund, and EPCRA Hotline
Call 800 424-9346 or 703 412-9810 in the
Washington, DC area. For the hearing impaired,
the number is TDD 800 553-7672.
You also can access information via the hotline's
Internet site at .
Additional Documents
These additional documents can help you learn
more about the requirements for hazardous waste
handlers. These documents are free and can be
ordered from the RCRA Hotline. Reference the EPA
document number (EPA530...) when ordering.
RCRA Public Participation Manual: 1996 Edition,
(EPA530-R-96-007).
The Hazardous Waste Facility Permitting Process,
(EPA530-F-96-007).
RCRA Expanded Public Participation Rule,
(EPA530-F-95-030).
RCRA Orientation Manual: 1998 Edition,
(EPA530-R-98-004).
Contact Your State
Although EPA's federal regulations set the national
standard for compliance, individual states often
have regulations that are more stringent than the
federal regulations. You should contact your state
about its specific
regulations. State
environmental con-
tacts are available
from the RCRA,
Superfund, and
EPCRA Hotline.
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