United States Solid Waste and .
Environmental Protection Emergency Resonse EPA530-F-95-020
Agency (5305W) • October1995
Office of Solid Waste '
Environmental
Fact Sheet
FINAL RCRA EXPANDED PUBLIC
PARTICIPATION RULE
In an effort to empower all communities to become more actively involved
in local hazardous waste management, the U.S. Environmental Protection
Agency (EPA) is expanding the public participation aspects of RCRA
Subtitle C permitting. This rule calls for earlier public involvement and
expands public access to information throughout the permitting process
and the operational life of hazardous waste management facilities.
Background
Under Subtitle C of the Resource Conservation and Recovery Act (RCRA), Congress
gives EPA the authority to regulate the permitting of hazardous waste facilities. These
faculties store, treat, or dispose of hazardous wastes. Section 7004 of RCRA requires EPA
to encourage and assist public participation in the development or implementation of any
regulation under the Act .
Prior to today's rale, numerous stakeholders had expressed concern that the process of
permitting hazardous waste facilities involved the public too late and provided inadequate
information about the permitting process arid facility activities. In response, EPA has
promulgated the RCRA Expanded Public Participation Rule, which adds specific proce-
dures applicable to RCRA permits to 40 CFR 124 and amends RCRA permitting proce-
dures in 40 CFR 270.
Action
The final RCRA Expanded Public Participation Rule amends current permitting proce-
dures in the following four ways.
• Permit applicants must hold an informal public meeting to inform community mem-
bers of proposed hazardous waste management activities before submitting an applica-
tion for a permit. Applicants must advertise the date, time, and location of the meeting
in the newspaper, through a broadcast announcement, and on a sign posted at or near
the facility. ,
• The permitting agency must announce the submission of a permit application by send
ing a notice to everyone on the facility mailing list The announcement will tell commu-
nity members where they can examine the application while the agency reviews it
• The permitting agency director is authorized to require a facility to set up an informa-
tion repository at any point during the permitting process or the permit life. The
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director will determine the need for a repository on a case-by-case basis. It is EPA's
intent that the director will use the information repository requirement sparingly, only
when substantial public concern exists or when the community has unique informa-
tion needs.
• The permitting agency director must notify the public prior to a trial burn at a com-
bustion facility (i.e., incinerators and other facilities that burn hazardous waste).
Applicability
The final rule applies to hazardous waste facilities that have or are seeking a RCRA
Subtitle C permit, unless exempted under a specific section. It applies to a facility accord-
ing to how far along it is in the permitting process. For example, the rule does not require
RCRA facilities that are already involved in the permitting process to repeat a step in order
to comply with the new regulations. The rule does require, however, that facilities comply
with new requirements relating to steps that they have not-yet undertaken.
States that are authorized under RCRA section 3006 to administer the RCRA permitting
program in lieu of EPA are required to modify their programs by adopting equivalent
requirements if necessary. States must submit their proposed program modifications to
EPA for approval. EPA will implement the revised permitting requirements in unautho-
rized states and in authorized states when the permit application contains one or more
hazardous waste management units for which the state is not authorized to issue RCRA
permits.
Conclusion
EPA anticipates that the RCRA Expanded Public Participation Rule will provide an
opportunity for the public to participate earlier in the permitting process and-will improve
community members' access to facility and permitting information.
EPA realizes that facility owners, state environmental agencies, tribes, and private citi-
zens know the levels of public' participation that work best in their communities. As a
result, EPA's regulations set forth the minimum requirements necessary to fulfill the public
participation objectives. Additional activities that facilities might conduct are through
guidance rather than regulation. v
EPA also believes that the final rule is responsive to environmental justice concerns. By
expanding public participation and access to information, the rule empowers all" communi-
ties to become actively involved in the permitting process and to increase their understand-
ing of hazardous waste facilities.
For More Information
The Federal Register notice and this feet sheet are available in electronic format on the
Internet through the EPA Public Access Server. For additional information or to order
paper copies of the Federal Register notice, call the RCRA Hotline at 800-424-9346 or
TDD 800 553-7672 (hearing impaired). Copies of documents applicable to this rule may be
obtained by writing: RCRA Information Center (RIC), U.S. Environmental Protection
Agency, Office of Solid Waste (5305W), 401 M Street SW,. Washington, DC 20460.
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