F% 11004
FRIDAY, FEBRUARY 16,1979
PART V
ENVIRONMENTAL
PROTECTION
AGENCY
PUBLIC PARTICIPATION IN
PROGRAMS UNDER THE
RESOURCE
CONSERVATION AND
RECOVERY ACT, THE
SAFE DRINKING WATER
ACT AND THE CLEAN
WATER ACT
Final Regulations
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10286
Till* 40—Protection of Environment
CHAPTER I—ENVIRONMENTAL
PROTECTION AGENCY
tPRL 1041-1]
PART 25—PUBLIC PARTICIPATION IN
PROGRAMS UNDER THE RESOURCE
CONSERVATION AND RECOVERY
ACT, THE SAFE DRINKING WATER
ACT, AND THE CLEAN WATER ACT
Final Regulations
AGENCY: Environmental Protection
Agency.
ACTION: Rule.
SUMMARY: These regulations are in-
tended to encourage, provide for, and
assist public participation under the
Resource Conservation and Recovery
Act, the Safe Drinking Water Act, and
the Clean Water Act. They replace ex-
isting regulations for public participa-
tion in water programs and interim
final regulations for public participa-
tion in solid waste management. The
regulations Include general provisions
which require open processes of gov-
ernment and efforts to promote public
awareness in the course of making de-
cisions in programs and activities
under the three Acts. Also included
are requirements which apply to spe-
cific public participation mechanisms.
such as public hearings and advisory
groups. These regulations do not re-
quire the use of the specific mecha-
nisms. The mechanisms must be used
only if they are required in program
regulations. Public participation regu-
lations for one covered program are
being promulgated simultaneously
with these regulations. They are regu-
lations' governing public participation
in the Municipal Wastewater Treat-
ment Facility Construction Grants
Program under the Clean Water Act.
T«,ose regulations appear elsewhere in
this Issue of the FEDERAL REGISTER.
DATES: These regulations are effec-
tive on February 16. 1979, except as
otherwise specified in § 25.2.
ADDRESSES: Comments submitted
on these regulations may be inspected
at the Public Information Reference
Unit, EPA Headquarters, Room 2922,
Waterside Mall. 401 M Street. SW.,
Washington, D.C. between 8:00 a.m.
and 4:30 p.m. on business days.
FOR FURTHER INFORMATION
CONTACT:
Lee Daneker, Office of Water and ,
Waste Management (WH 556), Envi-
ronmental Protection Agency. 401 M
Street, S.W., Washington, D.C.
20460, telephone 202-755-7638.
SUPPLEMENTARY INFORMATION:
EPA has received a significant volume
RULES AND REGULATIONS
of thoughtful criticism of its perform-
ance in implementing its legal public
participation mandates and its more
general responsibility to involve the
public in significant governmental de-
cisions. This criticism has been stimu-
lated in part by the desire of citizens'
to be active in shaping government
programs which affect their lives and
also by the growing need for govern-
mental units at all levels to participate
in the programs of other governmen-
tal entities. Government decision-
makers have become increasingly
aware of the capability of citizens to
make constructive use of opportunities
for involvement. This new awareness
has been accompanied by increased
practical experience in using ap-
proaches and techniques to facilitate
citizen involvement.
In response,to the circumstances dis-
cussed briefly above, the EPA per-
ceived a new opportunity to better
define public participation require-
ments, to eliminate unnecessary re-
quirements, and to assure consistency
of requirements under the Resource
Conservation and Recovery Act, the
Safe Drinking Water Act, and the
Clean Water Act. This effort is intend- -
ed to foster improved public imvolve-
ment in governmental decisions by
clarifying the rights and responsibil-
ities of potential participants and
those responsible for administering
public participation programs. This
will lead to better decisions, more sat-
isfactory opportunities for citizens to
encourage economy in government,
and greater public confidence in gov-
ernment because "decisions have been
made with participation by interested
citizens. It will also encourage better
relations among units of government
which often find themselves in a dual
role of participating in programs of
other agencies as well as administering
participation programs of their own.
EPA developed a set of concept
papers for improved public participa- ,
tion requirements under the three
Acts and made them public in early
March 1978. These concept papers
were circulated to approximately 7,000
interested parties including more than
3.000 who were mailed draft Construc-
tion Grants Program regulations
dated March 3, 1978. The Agency held
two public meetings to receive com-
ment on the concept papers, met with
EPA staff in all ten EPA regions, re-
ceived numerous verbal comments
telephoned to the Agency, and met
with several outside interest groups in-
cluding representatives of several
States and municipalities and with
representatives of the Association of
State and Interstate Water Pollution
Control Agencies.
As a result of these outreach activi-
ties, the EPA received more than 300'
written comments on the concept
papers. After, .t considering all com-
ments, EPA revised the concept
papers, and published ,them in the
FEDERAL REGISTER on August 7, 1978,
aJs proposed regulations. The Agency
provided 60 days for public commtent,
held a public meeting to receive com-,
nients in San Francisco on September '
21, 1978, held a_public hearing on the
proposed regulations in Washington,
D.C. on September 26, arid provided 56
hours of toll-free telephone time to fa-
cilitate the submission of , comments
from individuals from all parts of the
Nation.
BPA instituted the toll-free line for
submitting comments as an alternative
to holding hearings or meetings on the
proposed regulations in other parts of
the country. Many commenters ex-
pressed strong approval of the toll-
free line, especially those who lacked
the resources to travel readily and
therefore would have been unlikely to
attend hearings in other cities. Some
criticism of our failure to hold hear-
ings throughout the country was also
expressed.
EPA received more than 300 com-
ments by October 6, 1978, the date on
which the official record closed. Ap-
proximately 125 of these were received
over the toll-free line. Fifteen wit-
nesses testified at the September 26
public hearing. Additional comments
received after October resulted in a
total of more than 500 comments. A
review of the comments by affiliation
indicates that the public involvement
effort succeeded in stimulating a bal-
anced and diverse record. Major segr
ments of the public which were well
represented include States, substate
agencies and units of government, eco-
nomic interests, planners, engineers,
private citizens, public interest groups,
and environmental groups.
All comments, including those re-
ceived shortly after October 6, were
reviewed and considered in developing
, the final regulation.
Virtually all commenters supported
the intent of the EPA effort and the
objectives of the regulations. In gener-
al, those who commented primarily
from the perspective of former, cur-
rent or prospective participants in
EPA programs were supportive of the
proposed regulations but critical of
the Agency for relaxing the regula-
tions relative to the March concept
papers. In many cases these com-
menters called for a return to the
more stringent approach of the con-
cept papers, for more specificity and
additional requirements, and for limi-
tations on discretion and flexibility.
Many of these commenters cited prob-
lems which they had experienced with
the public participation performance
of EPA and units of government at
other levels. They pointed out that
the establishment of clear, firm re-
FEDERAL REGISTER, VOL. 44, NO. 34—FRIDAY, FEBRUARY 16. 1979
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RULES AND REGULATIONS
10287
quirements would be one of the most
effective actions which EPA could
take to generate public interest and
participation. In contrast, many, al-
though not all, of those commenting
as representatives of implementing
agencies expressed concern that the
regulations were too rigid and detailed
and would offer too many opportuni-
ties to stop projects or to take legal
action on minor procedural issues.
These commenters called for a further
relaxation of requirements, elimina-
tion of detail, and provision of addi-
tional flexibility. In many instances,
these commenters recognized the
flexibility which had been introduced
relative to the March concept papers,
but indicated that the changes were
not sufficient. Some commenters
called for EPA to eliminate all require-
ments and instead to limit itself to set-
ting objectives ("performance stand-
ards") which could be fulfilled
through a variety of mechanisms. In
support of performance standards,
many elected officials or their repre-
sentatives commented' that the more
general performance standard ap-
proach would maintain and protect
the authority, of State and local offi-
cials from Federal encroachment.
EPA agrees that the regulations
should provide maximum flexibility
and discretion to implementing agen-
cies and should not infringe improper-
ly upon the authority of other govern-
mental units. The Agency is also sensi-
tive to those who accurately pointed
out the strong positive relationship be-
tween firm requirements, credible
public participation efforts, and the
willingness of the public to partici-
pate. In revising the proposed Part 25,
EPA has attempted to provide flexibil-
ity wherever it would not interfere
with public involvement. In a limited
number of instances where it appeared
necessary and justified, EPA has opted
for more specific requirements. In gen-
eral, the final Part 25 moves in the di-
rection of fewer specific requirements
than the proposed version. The follow-
ing is a list of changes in the final reg-
ulation which have provided increased
flexibility and discretion relative to
the proposed Part 25, existing Part 105
(Public Participation in Water Pro-
grams) and interim final Part 249
(Public Participation in Solid Waste
Management):
1. EPA non-policy rulemaking was
covered in proposed Part 25. It is spe-
cifically excluded from final Part 25.
2. Activities covered by Part 105 but
excluded, except as discretionary ele-
ments, from the public participation
requirements of final Part 25 are as
follows: 40 CFR Part 33 (Subagree-
ments). Part 39 (Loan Guarantees for
Construction of Treatment Works),
Part 40 (Research and Development
Grants), Part 45 (Training Grants and
Manpower Forecasting) and Part 46
(Fellowships).
3. Final Part 25 eliminates the
annual State report on public partici-
pation required by Part 105.3.
4. Part 105.3 (a) and (c) require that
informational materials be mailed di-
rectly to persons on each agency's
mailing list. Part 249.4 (b) and (c) re-
quired periodic dissemination of infor-
mational materials. Final Part 25.4(b)
requires only that notice of the 'avail-
ability of materials be mailed, rather
than the materials themselves or sum-
maries of the materials.
5. Part 105.4(d), Part 249.4(e) and
proposed Part 25.3(c) required notices
and informational materials to be sent
to the entire agency mailing list. Final
Part 25.4(b)(5) permits segmenting of
the list and mailing notices of events
(or of availability of materials) only to
appropriate portions of the list.
6. The requirement of Part 105.4(b)
.and Part 249.4(d), for each agency to
have "standing arrangements" for con-
sultation with the public, is deleted
from final Part 25; although Part 25
continues to require consultation on
significant decisions.
7. The requirement of Part 105.4(e),
that copying facilities be available at
information depositories, is changed to
a recommendation in final Part
25.4(b)(3). Part 249.4 (f) and (i) re-
quired that information oh the avail-
ability of copying facilities at conve-
nient locations and at reasonable cost
to the public be available. This re-
quirement is deleted.
8. The recommendation in proposed
Part 25.3(b), that agencies target in-
formational materials to specific seg-
ments of the public, is changed in
final Part 25.4(b)(2) to a recommenda-
tion to consider preparing targeted
materials?
9. Proposed Part 25.3(b) required
that "relevant" documents be placed
in .information depositories. Part
249(f) required that agencies shall pro-
vide, either directly or through others,
in convenient locations, one or more
public collections of Solid and Hazard-
ous Waste Management reports perti-
nent to the geographic area. Final
Part 25.4(b)(3) limits the documents
that must be placed in depositories to
those relating to significant decisions.
10. The requirement of Part
105;7(d), that public meeting notices
be mailed as soon as the meeting is
scheduled, is deleted from the final
Part 25.
11. The requirement of Part 105.7(d)
and Part 249.7(d), that public hearing
notices be mailed as soon as the hear-
ing is scheduled, is deleted from the
final Part 25.
12. The requirement of Part 105.7(g)
and Part 249.7(g) to publish the hear-
ing agenda in the public hearing
notice is deleted from the final Part
25.
13. Part 105.7(c) requires that cases
of doubt over whether to hold a public
hearing be resolved in favor of holding
a hearing. Part 249.7(c) requires that a
hearing be held if the/e is any public
interest. These requirements are de-
leted from the final Part 25.
14. Final Part 25.5(b) gives Regional
Administrators the authority to waive
public hearing notice requirements in
emergency situations.
15. Final Part 25.5(c) permits the
agency holding a public hearing to
prepare a tape recording or other com-
plete record of the hearing instead of
a transcript and make it available to
the public.
16. The requirement for financial
disclosure by advisory group members,
proposed Part 25.3(d)(iii)(D), is de-
leted from the final Part 25.
17. Final Part 25.7(c) provides new
flexibility in advisory group member-
ship requirements and permits EPA to
waive those requirements for grantees
which cannot meet the requirements
after making active, good faith efforts
to do so. Proposed Part 25 included a
less flexible membership requirement
and made no provision for a waiver.
18. Final Part 25.10 permits modifi-
cation of the public participation work
plan with the agreement of the Re-
gional Administrator. No provision for
modifying the work plan was included
in the proposed Part 25.
19. Public Participation Summaries
are deleted from the final Part 25 in
favor of Responsiveness Summaries
(see final Part 25.11).
20. Final Part 25.7(e) provides an in-
creased State and local agency role in
advisory group training. No State and
local rule was provided in proposed
Part 25.
EPA believes the balance which the
final regulations achieve between
flexibility and specificity recognizes
the public's expressed desire for firm
requirements yet responds effectively
to the legitimate concern of potential
implementing agencies that they have
the freedom to tailor their programs
to specific local, regional or Statewide
needs. • • •
SUMMARY OF RESPONSE TO PUBLIC
.. , COMMENT
The following sections respond to
other major points raised in comments
by the public made in writing, over the
toll-free line, at the public meeting,
and at the public hearing.
1. Application of proposed Part 25 to
all EPA programs. In the preamble to
the proposed regulations, EPA ques-
tioned whether they should be applied
to all programs administered by EPA.
Public response to this was strongly in
favor of consistent requirements for
the entire Agency. Comments indicat-
FEDERAL REGISTER, VOL 44, NO. 34—FRIDAY, FEBRUARY 16, 1979
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10288
RULES AND REGULATIONS
cd that Inconsistent requirements
were a. significant factor impeding
public involvement in Agency pro-
grams, EPA Is responding to this by
the development of an Agency-wide
policy on public participation. This
policy will require each program to de-
velop regulations or guidance imple-
menting it. The Agency will monitor
program performance under this ap-
proach to determine whether it is suc-
cessful in achieving consistent public
participation requirements and oppor-
tunities for those seeking to become
Involved in Agency programs.
2. Requirements will not guarantee a
successful public participation effort.
Many commenters stated that require-
ments were not sufficient to assure ef-
fective public Involvement. Some com-
menting agencies further stated that,
since requirements would not in them-
selves be effective, EPA appeared to be
depending too heavily upon them.
EPA recognizes that requirements,
while necessary, are only one part of
making public participation successful.
Equally important is the conduct of
effective programs of public education
as well as the attitude, energy, and
creativity with which Implementing
agencies, including EPA, undertake
their public participation responsibil-
ities. Another significant factor is the
availability of agency staff knowledge-
able about public participation tech-
niques. EPA is taking action to meet
this last need by developing and carry-
Ing out a training program in public
participation to enhance the capabili-
ties of EPA, State and local agency
staff.
3. Relationship of Part 25 to pro-
gram regulations and guidance. Many
commenters Indicated their belief that
Part 25 established new requirements
that advisory groups be formed and
public hearings held. This is not the
case. As explained In the new intro-
ductory section 25.1,' Part 25 estab-'
lishes general requirements for open
processes of government through
public information, public notification,
and public consultation prior to sig-
nificant decisions, but it does not man-
date the use of specific public partici-
pation mechanisms, such as advisory
groups, meetings, and hearings. These
are required only when mandated in
program regulations or specified at
the discretion of a responsible official.
The final section of this preamble in-
cludes a listing of other EPA regula-
tions which have been or will be re-
vised to Implement the requirements
of Part 25.
The role of program regulations, or
EPA policy guidance memoranda, in
implementing the Part 25 regulations
Is to emphasize the applicability of the
general Part 25 public information, no-
tification and consultation require-
ments to significant decisions in the
affected programs. In some instances
program regulations or guidance will
also Identify significant decisions or
processes where specific requirements
will apply (e.g., holding a public meet-
ing or hearing). The use of additional
specific mechanisms at these decision
points or at other decisions not refer-
enced by EPA requirements is discre-
tionary with the implementing agency.
If public participation is carried out
under EPA grant, all reasonable costs
will be grant eligible if identified in a
public participation work plan or oth-
erwise approved by EPA.
Other EPA "guidance" will be in the
form of handbooks or manuals for im-
plementing agency staff or for the
participating public. These are intend-
ed to assist the public and implement-
ing agency staff by providing sugges-
tions for ways to meet requirements,
samples or models of work which
meets requirements, and examples of
successful public participation efforts.
4. Application of Part 25 to pro-
grams under the Safe Drinking Water
Act. The public participation regula-
tions are intended to encourage public
involvement in the decision-making
process in programs under the Re-
source Conservation and Recovery
Act, the Clean Water Act, and the
Safe Drinking Water Act. However,
not all sections are relevant to every
program. For instance, several States'
comments reflected a concern that the
advisory group requirements in the
proposed regulations would require
the establishment of such committees
in programs under the Safe Drinking
Water Act. This concern is unfounded.
The advisory group section applies
only where committees are required in
program regulations. No requirement
for such committees appears in the
regulatidhs implementing the Safe
Drinking Water Act; nor is such a re-
quirement contemplated.
The regulations allow flexibility and
discretion in implementation within
each covered program. The guidance
and regulation which will be developed
by the drinking water program, and
other programs, will reflect options
which are compatible with each pro-
gram's capabilities and the opportuni-
ties within the program for meaning-
ful public participation.
5. Application to approved State pro-
grams. Each of the three Acts desig-
nates certain programs which can be
administered by a State, instead of by
EPA, if the State program meets crite-
ria established in the law and EPA
regulations. The proposed Part 25 in-
dicated that EPA was required to pro-
vide for public participation in the
process of making a determination to
approve such State programs. It also
provided that, after approval, the
gtate would be responsible for meeting
the public participation requirements
which had been the responsibility of
EPA. Like the proposed regulations,
final Part 25 requires EPA to provide
for public involvement in the process
of making its determination regarding
approval of all State programs. How-
ever, the final Part 26 indicates that •
public participation requirements for
the NPDES Permit Program, the
State Hazardous Waste Program, the
Dredge and Pill Permit Program, and
the Underground Injection Control
Program are contained in the Consoli-
dated Permit Program regulations (40
CPR Part 123). These regulations
embody the requirements of Part 25.
Public participation requirements for
the Construction Grants Program are
found in 40 CFR Part 35, Subparts E
and F. States which undertake Con-
struction Grants Program functions
after approval by EPA. are responsible
for meeting applicable public partici-
pation . requirements of these regula-
tions, including requirements of Part
25 which are incorporated by refer-
ence.
One State expressed concern that
the regulations would apply to all
State activities which were adminis-
tered under the annual State program
administration • grants authorized
under section 106 of the Clean Water
Act, including State-initiated activities
which are not required by the Clean
Water Act, which are not delegated to
the State by EPA, and which are not
funded by EPA grant. While public
participation in purely State activities
of this type may be desirable, such
participation is at the discretion of the •
State and would not be required by
these regulatlon&i
6. Public participation objectives.
Virtually all commenters supported
the public participation objectives of
the proposed Part 25: however, several
commenters felt that promoting sup-
port for environmental laws was not a
proper role for administrative agen-
cies. EPA agrees and has changed this
objective to read, "to encourage public
Involvement in implementing environ-
mental laws."
7. Public information requirements.
Most commenters recognized and sup-
ported the need for public information
as a prerequisite to effective public
participation; however, many stated
that the proposed requirements were
not clear and, in some cases, were po-
tentially burdensome. In response to
comments of this nature, EPA has
made the following modifications to
the public information provisions of
the regulations: permitted segmenting
mailing lists by geographic or interest
area and specified that only the appro-
priate portion of the list need receive
agency mailings; specified that only
summaries and notices of availability
need be sent to the list (or appropriate
segment) rather than entire docu-
FEOERAL REGISTER, VOL. 44, NO. 34—FRIDAY, FEBRUARY 16, 1979
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RULES AND REGULATIONS
10289
ments; specified that documents avail-
able in depositories need include only
those relating to significant or contro-
versial issues; clarified the term "rea-
sonable costs" of copying charges by
reference to prevailing commercial
rates.
8. Public hearing notice require-
ments. Comment on the proposed
public hearing notice requirements
was sharply divided between State and
local agencies which generally opposed
any increase in the 30 days required
by existing regulations and potential
participants (including private citi-
zens, public interest'groups, and eco-
nomic interests) which supported the
45 day notice requirement included in
the proposed regulations. The record
of citizen comment indicates clearly
that 30 days has often been inad-
equate to allow notices to be circulat-
ed, documents obtained and reviewed,
and testimony prepared. Accordingly,
the final regulations retain 45 days as
the standard public hearing notice re-
quirement; however, EPA has respond-
ed to the comment by State and local
agencies by including a provision to
reduce the notice requirement, to not
less than 30 days, where EPA finds
that the longer notice is not needed to
encourage public participation in a
particular hearing.
9. Emphasis on advisory groups.
Many commenters expressed concern
that the regulations placed excessive
emphasis on the use of advisory
groups. We do not believe this concern
is justified. Part 25 does not require
the formation of any advisory groups.
Such groups must be formed only
when required by program regula-
tions. Advisory groups have been a re-
quirement in the Water Quality Man-
agement (section 208) program for sev-
eral years. New program regulations
for the Construction Grants Program
will require advisory groups, but in
only 30 percent of facilities plans. No
advisory group requirements are con-
templated for the Clean Lakes Pro-
gram, Underground Injection Control
Program, Public Water Supply Pro-
gram, State Hazardous Waste Pro-
gram, or the NPDES Permit Program.
The question of whether they would
be required under State Solid Waste
Management Program grants is still
open. Given this record, we do not
agree that the Agency places excessive
emphasis on the use of advisory
groups.
10. Role of advisory groups. The pro-
posed regulations stated that advisory
groups were intended to provide advice
and recommendations to elected deci-
sionmakers and to encourage an inter-
change among the interests represent-
ed on the group. Some commenters
felt that the final decision-making role
of elected officials should be empha-
sized more strongly. We agree, and
have added language to the advisory
group section further emphasizing this
point.
11. Advisory group membership.
Comments from most State and local
agencies and public officials indicated
that the advisory group membership
requirements of proposed Part 25 pro-
vided them too little flexibility in con-
stituting such groups. They expressed
particular objection to the require-
ment that a majority of advisory
group members be private citizens and
public interest group members who
had no substantial economic interest
in the grant activity. Some agencies in-
dicated that they would be unable to
locate many individuals without an
economic interest in the grant acitiv-
ity who would be willing to serve on
advisory groups. Some commenting
agencies and public officials indicated
that no single segment of the public
should constitute a majority on the
advisory group. Other commenting
agencies a.nd officials expressed ap-
proval of the changes in the advisory
group requirements that had been
made relative to the March concept
papers—especially the increased em-
phasis on the role of public officials
and the change allowing economic in-
terests to be represented on advisory
groups. Some of these commenters in-
dicated that, with these changes, the
advisory group membership require-
ments were satisfactory. Others indi-
cated that the requirements were still
too demanding and inflexible, stated
that they could not meet them, and
called for additional changes and in-
creased flexibility.
A large majority of private citizen
and public interest group commenters
expressed approval of the advisory
group membership requirements of
proposed Part 25. Many of these com-
menters described their experiences
indicating that non-economic interests
were under-represented on advisory
groups. These commenters supported
carefully structured advisory group
membership requirements, especially
the proposed requirement for a major-
ity of private citizens and public inter-
est group members. Most of these
commenters indicated that this meas-
ure would go far to remedy the prob-
lem of under representation for non-
economic interests. However, some
called upon EPA to require an even
longer proportion of individuals who
were interested in the grant supported
activity solely from an environmental
or taxpayer perspective.
EPA agrees that there must be flexi-
bility in the requirements for advisory
group membership. The final regula-
tions require that the advisory group
be composed of four segments in sub-
stantially equal proportion. These are
private citizens, public interest group
members, economic interests, and
public officials. In response to com-
menters who requested EPA to ex-
plain the term "private citizen," the
regulations indicate that this term
refers to individuals with no greater
interest in the grant activity than an
average taxpayer, ratepayer, or con-
sumer.
The provision that segments need be
bTnly "substantially equal" in propor-
tion is intended to provide grantees
with flexibility to implement the regu-
lations while at the same time re-
sponding to those commenters who
called upon EPA to carefully specify
the balance of interests on the group.
This language- allows some imbalance
among the categories of. membership.
For example, on a 20 person advisory
group, the requirements would be met
if two categories had only four mem-
bers whileH;he other two had six mem-
bers. However, if one or more catego-
ries had only three members while
others had six or seven, the require-
ment that the categories be in sub-
stantially equivalent proportions
wouldihot be met.
Many agency commenters expressed
concern that they could not meet advi-
sory group requirements because they
could not locate private citizens or
public interest group representatives
who 'would be willing to serve on advi-
sory groups. To respond to-these com-
menters, the final regulations provide
that" grantees who have carried out an
aggressive effort to recruit members to
meet the requirements but cannot do
so will be considered in compliance
with the regulations, id. a case such as
this, EPA will 4PProve tne advisory
group composition which has resulted
from the grantee^ recruitment efforts
provided EPA is^ satisfied that those
efforts-meet the performance standard
set forth in the regulations.
12. Financial disclosure by advisory
group members. Many commenters in-
dicated ".that a financial disclosure re-
quirement would discourage participa-
tion of .many prospective advisory.
group members. We agree, and accord;
ingly we have deleted the financial dise
closure requirements from the final
regulations. We do, however, believe it
is useful for advisory group members
to know, in general, the type of inter-
est which each member has in a plan
or project under development. For ex-
ample, individuals on the ad.yisory
group should indicate to one another
whether tliey ^are representing etoi-
ronmental interests; economic-intfe>-
ests such asxagriculture, silvaculture,
or real estate^ recreational interests;
consumer interests or others. •
13. Grantee artd advisory group re-
sponsibilities. Many commenters indi-
cated the responsibilities of thfe-adviso-
ry groups should be stated in detail in
the final regulations. In support of
this recommendation, these com-
FEDERAL REGISTER, VOL 44, NO. 34—FRIDAY, FEBRUARY 16, 1979
-------
10290
mentors cited examples of advisory
groups that were formed but not uti-
lized effectively. EPA does not believe
It Is proper to include-a detailed dis-
cussion of the responsibilities of gran-
tees and advisory groups in the regula-
tions, it Is, however, appropriate to
expand somewhat upon the descrip-
tion of responsibilities and authorities
Included in the proposed regulations,
and this has been done in the final
regulations.
14. Use of existing advisory groups
to meet public participation require-
ments. Some State and substate agen-
cies -which have established advisory
groups, boards or commissions ques-
tioned whether these groups could be
used to satisfy the advisory group re-
quirements. EPA wishes to encourage
coordination of public participation re-
quirements and activities wherever
possible, phis is clearly stated in
§25.13, Coordination and nonduplica-
tion. Consistent with this, existing ad-
visory groups may be used if they
meet the requirements of § 25.7 or are
modified to meet those requirements.
15. Support for advisory group par-
ticipation. In the preamble to the pro-
posed regulations, EPA questioned
Whether reimbursement of advisory
group out-of-pocket expenses would be
helpful in encouraging public partici-
pation and whether it would pose an.
administrative burden to grantees.
Many comments were received on this
Issue as well as other matters pertain-
ing to advisory group logistics, such as
budget and staff for advisory groups.
Many commenters indicated that re-
imbursement of out-of-pocket ex-
penses would encourage participation.
Several public interest groups suggest-
ed that citizens should be paid for the
time they devote to advisory group
participation; others urged a more
cautious approach emphasizing volun-
teerlsm. Several commenting agencies
Indicated they already operate reim-
bursement programs for normal out-
of-pocket expenses, but would be op-
posed to extending reimbursement to
additional expenses such as payment
for time expended in participation.
Since many agencies are already
conducting reimbursement programs
and since many commenters agree
that reimbursement does encourage
participation, EPA has determined
that grantees shall make reasonable.
out-of-pocket costs of participation
available to advisory group members.
EPA will provide information on reim-
bursement systems to assist any
agency which needs to establish a
system.
Some commenters recommended
that reimbursement be available only
to private citizens and other advisory
group members who do not represent
economic interests. In fairness, we be-
lieve that reimbursement of reason-
RULES AND REGULATIONS
able out-of-pocket expenses should be
available to all group members; howev-
er, we recognize that many advisory
group members are eligible for reim-
bursement from the interests which
they represent. In the interest of econ-
omy, we encourage those advisory
group members to consider not re-
questing reimbursement from the
grantee. In accord with OMB Circular
74-4, travel costs of elected officials
are not currently eligible for reim-
bursement.
Many commenters indicated that ad-
visory groups probably would be
unable to carry out their responsibil-
ities without their own staff and
budget. Most agencies objected that
requiring an independent .staff for the
advisory group conflicted with their
status as advisors and could duplicate
the efforts of the agency staff. Many
agencies indicated that their staff was
available to assist the advisory group
where needed.
EPA recognizes the need for staff to
assist advisory groups. But we agree
that providing staff assistance should
be the responsibility of the grantee.
The final, regulations require the
grantee to inform the advisory group
of staff available to assist it. The regu-
lations also require the grantee to pro-
vide the advisory group with an oper-
ating budget which can be used to
carry out their liaison with the gener-
al public and to assist the group in un-
derstanding the activity carried out
under grant. The budget may be used
for mailing, expert advice and other
functions as agreed upon between the
advisory groups and the grantee.
16. Public' participation program
staff. Many private citizens arid public
interest groups recommended that
EPA require grantees to contract with
local citizen groups to carry out public
participation functions. Comments
from agencies on the wisdom of this
approach were mixed; however, agen-
cies felt strongly that this decision
should be discretionary. We agree,
and, as a result, no such requirement
appears in the final regulations. How-
ever, grantees are free to use this ap-
proach if they believe it will be the
most effective in their situation. .
Several commenters indicated that
EPA should establish the qualifica-
tions of public participation staff in
regulations. In general, we believe that
the following characteristics will con-
tribute to successful accomplishment
of public participation responsibilities:
familiarity with the affected area;
knowledge of at least some of- the par-
ties likely to be interested or affected;
experience in the skills needed to
carry out a public participation pro-
gram including organizing meetings,
providing staff support to advisory
groups, and other skills; arid sufficient
knowledge of the technical and proce-
dural aspects of the grant activity to
be able to explain them to the adviso-
ry group and other members of the
public. EPA believes that these needed
characteristics will be I apparent to
grantees. They will be stated in EPA
guidance. However, we do not believe
they should be specified in regulation,.
Accordingly, the final regulation does
• not specify the qualifications of public
participation staff.
One State questioned whether the
public participation staff contact for
statewide activities could be located in
•the State agency office. The answer .to
this question is yes.
17. Advisory group training. A
number of State and substate agencies
indicated that EPA should conduct ad-
visory group training in cooperation
with the grantee. We agree, and the
regulations have been modified to in-
dicate that advisory group training
should be carried out cooperatively by
EPA, the State, and any applicable
substate agency.
Several agencies commented that
training should be provided for their
staff as well as for advisory group
members. Again we agree. The regula-
tions indicate that agencies may in-
clude members of their staff 'in the
training sessions for advisory group.
18. Advisory group subcommittees.
and technical advisory groups. Many
commenting agencies questioned
whether the advisory group require-
ments applied to other advisory
bodies, such as groups of technical exr
perts. 'Other agencies questioned
whether subcommittees established by
advisory groups need have the same
composition as the primary advisory
group. The regulations do not inhibit
agencies from establishing technical
panels or similar groups; however it is
recommended that these groups be es-
tablished as subcommittees of the pri.-
mary advisory group or at least coordi-
nated closely with that group. Any,
recommendations of technical groups
should be reviewed by the primary ad-
visory group, and any comments made
by the advisory group should be for-
warded to the grantee or decisionmak-
ing officials along with the technical
group's recommendations.
Several public interest group com-
menters indicated that any subcom-
mittees should be Required to have the
same membership composition as,the
primary advisory group. EPA believes
this would be unnecessarily restrictive.
An.''agricultural subcommittee would
logically be composed largely of indi-
viduals earning a living through farm-
ing, ranching, or Velated activities.. A
"severely affected parties'* subcommit-
•tee might be composed almost entirely
of individuals residing within a short
distance of the proposed construction
site. Even in cases where subcontract-
tees have sharply focused areas of ih-
FEDERAl REGISTER, VOL. 44, NO. 34—FRIDAY, FEBRUARY 16, 1979
-------
RULES AND REGULATIONS
10291
terest, efforts should be made to in-
clude individuals who can express
other; more general, points of view.
Generally subcommittees should con-
tain some members of the full adviso-
ry group, but not all subcommittee
members need be members of the pri-
mary advisory group. Reimbursement
need not be made available for sub-
committee participation; although this
may be done at the discretion of the
responsible agency.
19. Paperwork—Public participation
work plans for grant activities. The
proposed regulations specified the in-
formation about planned public par-
ticipation activities which should be
included in grant applications. Com-
ment on this section was generally fa-
vorable; although some agencies felt
that the public participation work
plans were not needed. Final Part 25
indicates the information which
should be included in a public partici-
pation work plan. These plans should
be brief. They are needed by EPA as a
basis for award of funds for public par-
ticipation activities.
The submission of this type of infor-
mation with grant applications is not a
new requirement. It is already re-
quired for the Construction Grants
Program (under 40 CFR 35.917-5), for
grant funded activities under the Re-
source Conservation and Recovery Act
(under 40 CFR 249.5) and in the water
Quality Management Program by
guidance. The final regulation merely
standardizes this requirement and em-
phasizes the brief nature of the re-
quired information.
Some agency commenters pointed
out that there was no provision for re-
vising the work plan. They expressed
concern that this would place them in
technical violation if they departed
from the schedule in the work plan in
even minor respects. We agree. Minor
departures from the schedule would
not be a violation of requirements. If
more substantial changes are expect-
ed, the work plan should be revised.
Provision for revision is included in
the final regulations.
20. Paperwork—Responsiveness Sum-
maries (modified) and Public Partici
pation Summaries (deleted). Many
commenters indicated that the pro-
posed regulations, although an im-
provement over the concept papers,
still failed to distinguish adequately
between the use and content of Re-
sponsiveness Summaries and Public
Participation Summaries. Some com-
menters expressed the opinion that
the two requirements were duplicative.
We agree, and we have eliminated
Public Participation Summaries from
the final regulation. The requirements
for Responsiveness Summaries are
more clearly stated.
Responsiveness Summaries are in-
tended to appear immediately after
specific decision points to indicate
briefly to the public how decision-
makers have responded to their par-
ticipation. They must be prepared for
rulemaking and where required by
program regulations or by an ap-
proved public participation work plan.
Responsiveness Summaries were
strongly endorsed by many com-
menters as a major step forward in
fostering responsive government,
public understanding of governmental
decisions, and public confidence in
government. In many instances where
a Responsiveness Summary is required
in program regulations, it replaces the
existing public participation reporting
requirements of Part 105.5 or Part
249.5.
Part 25 requires no new reports. Ex-
isting Part 105 calls for an annual
public participation report by all agen-
cies carrying out responsibilities under
the Clean Water Act, including EPA
Headquarters program offices and di-
visions, EPA regional offices, States
and interstate agencies. All of these
annual reporting requirements are
eliminated by final Part 25.
Parts 105.5 and 249.5 contained re-
quirements for reports associated with
particular activities, such as the sub-
mission of applications for financial
assistance and the submission of plans
prepared with such assistance. All of
these requirements are eliminated
from the new Part 25. In some cases,
the better defined, briefer, and more
useful public participation work plans
or Responsiveness Summaries will be
required in program regulations at
comparable activity points. The net re-
porting requirements are thereby re-
duced while making the remaining re-
ports briefer and more sharply focused
on important decisions.
21. Assuring compliance with public
participation requirements. Many
public interest group and private citi-
zen commenters objected to the dele-
tion from the proposed regulations of
the description of optional sanctions
which EPA could apply where the Re-
gional Administrator determined that
grantees had not carried out public
participation requirements as reflected
in their approved public participation
work plans. Other commenters called
for stronger mandatory action in in-
stances of noncompliance. Many com-
menting agencies expressed concern
that minor technical violations beyond
the control of their agencies would be
cause for action by EPA.
EPA deleted the descriptions of the
optional sanctions in favor of refer-
ences to the sections of the regula-
tions which provide EPA authority to
enforce grant agreements. The Agency
believes that to state the full text of
these sections in the public participa-
tion regulations would be redundant
and unnecessary. However, for the
sake of clarity and in order to be con-
sistent with the practice followed else-
where in final Part 25, the titles of the
cited sections have been included in
the regulation.
As indicated above, we have included
provision for modifying the work plan
to reflect major changes. Grantees
may make minor departures from the
work plan schedule at their discretion
provided they do not infringe upon re-
quired periods of document availabil-
ity or public notice.
We do not agree with those com-
menters who called for more stringent,
mandatory sanctions. Accordingly,
mandatory EPA action upon a finding
of noncompliance remains the same as
in the proposed regulations—more
careful monitoring of future public
participation performance.
PUBLIC EDUCATION AND ASSISTANCE
UNDER RESOURCE CONSERVATION AND
RECOVERY ACT
Section 8003 of the Resource Con-
servation and Recovery Act requires
EPA to develop information on a com-
prehensive list of topics pertaining to
environmental protection through
solid waste management. Interim final
40 CFR Part 249.4(c) indicated that
EPA would assist State'and substate
agencies in carrying out their public
information and education responsibil-
ities under the Resource Conservation
and Recovery Act by making, these
agencies among the first recipients of
information developed by EPA to meet
the requirements of section 8003. Al-
though interim final Part 249 will be
deleted from the Code of Federal Reg-
ulations with the promulgation of the
new Part 25, EPA will meet the com-
mitment, stated in Part 249.4(c), to
assist State agencies by providing
them with informational materials.
Section 249.4(c) also indicated that
each EPA Regional Office would des-
ignate a public participation officer to
coordinate public, participation activi-
ties relating to solid waste manage-
ment within EPA and to assist State
and substate agencies with their
public participation responsibilities
under the Resource Conservation and
Recovery Act. The requirement to des-
ignate regional public participation of-
ficers and the commitment to assist
other agencies with their public par-
ticipation programs remains in effect
although Part 249 will be deleted from
the Code of Federal Regulations.
AGENCY EVALUATION AND "SUNSET"
POLICY FOR REPORTING REQUIREMENTS
EPA is committed to evaluating this
regulation within three years from the
date of publication. This will be done
by the Offi of Water and -Waste
Management in conjunction with the
Office of Public Awareness and the
Administrator's Public Participation
FEDERAL REGISTER, VOL. 44, NO. 34— FRIDAY, FEBRUARY 16, 1979
-------
10292
Task Force. The evaluation will in-
clude such factors as effectiveness of
requirements, enforceability, resource
expenditure, alternative public partici-
pation methods, public reaction, and
reporting requirements. The evalua-
tion will also address the issue of
whether the increased flexibility in-
troduced into the regulations has had
a positive or a negative effect on
public participation performance.
Under EPA's new "sunset" policy for
reporting requirements in regulations,
the reporting requirements in this reg-
ulation will automatically expire on
(five years from the date of promulga-
tion) unless EPA takes action to
extend them. A new provision (§ 25.14)
has been added to the regulation
which automatically terminates the
reporting requirements at that time.
REVISION OP PROGRAM REGULATIONS
FOR CONSISTENCY WITH PART 25
The following paragraphs identify
specific program regulations which
have been or will be revised to bring
them Into conformance with Part 25.
CLEAN WATER ACT
1. Amendments to Municipal
Wastewater Treatment Works Con-
struction Grants Program regulations
(40 CPR Part 35, Subpart E) which im-
plement the requirements of Part 25
are promulgated- in this issue of the
FEDERAL REGISTER.
2. Revised regulations (40 CFR Part
35, Subpart G) Implementing water
quality planning and management
under sections 106 and 208, and re-
flecting the provisions of proposed
Part 25 were published in the FEDERAL
REGISTER for comment on September
12, 1978. The final regulations, includ-
ing changes made in response to public
comment and revisions to Part 25, will
be promulgated early in 1979.
3. Revised regulations implementing
the National Pollutant Discharge
Elimination System Permit Program
requirements of section 402, and re-
flecting the provisions of proposed
Part 25, were published for comment
on August 21, 1978. The final regula-
tions, Including changes made in re-
sponse to public comment and the re-
visions to proposed Part 25, will be
promulgated early In 1979.
4. Regulations implementing the
Clean Lakes Program under section
314 and reflecting the provisions of
Part 25 will be proposed In February
1979. EPA will accept public comment
on the proposed regulations for 60
days following the proposal date.
Those wishing to receive additional in-
formation or a copy of the proposed
regulations should write to Kenneth
Mackenthun, Director, Criteria and
Standards Division (WH '585), United
Statea Environmental Protection
RULES AND REGULATIONS
Agency, 401 M Street. SW.. Washing-
ton, D.C. 20460.
RESOURCE CONSERVATION AND RECOVERY
ACT
1. State Solid Waste Management
Plan Guidelines (40 CFR Part 256)
under section 4002(b) were proposed
for comments on August 28, 1978. The
proposed regulations included provi-
sions implementing the requirements
of proposed Part 25. EPA will revise
the proposed regulations to respond to
public comments and changes in Part
25 and promulgate final regulations in
June 1979.
2. Regulations for State Programs
for Hazardous Waste under section
3006 were proposed for comment on
February 1, 1978. EPA will revise these
regulations in response to public com-
ment and the requirements of Part 25,
repropose them in early 1979, and pro-
vide 60 days for public comment.
Those who wish to receive additional
information or a copy of the proposed
regulations should contact Geraldine
Wyer, Office of Solid Waste (WH 562),
United States Environmental Protec-
tion Agency, 401 M Street, SW., Wash-
ington, D.C. 20460.
3. Regulations for Permit Programs
for Hazardous Waste under section
3005 will be proposed in February
1979. EPA will accept public comment
on the regulation for 60 days following
the date of proposal. The proposed
regulations will reflect the provisions
of Part 25. Those who wish to receive
additional information or a copy of
the regulations should contact Geral-
dine Wyer, Office of Solid Waste (WH
562), United States Environmental
Protection Agency, 401 M Street. SW.,
Washington, D.C. 2046J).
SAFE DRINKING WATER ACT
1. Regulations for grants to States
for implementing Underground Water
Source Protection Programs (40 CFR
Part 35.650 through 35.680) were pro-
posed for comment on August 31, 1976.
Final regulations, reflecting public
comment and the provisions of Part
25, will be promulgated in 1979.
NOTE.—The Environmental Protection
Agency has determined that this document
does not contain a major proposal requiring
preparation of an Economic Impact Analy-
sis Statement under Executive Orders
11821, 11949, and 12044 and OMB circular
A-107.
Dated: February 8, 1979.
DOUGLAS M. COSTLE,
Administrator.
(Sec. 101(e) of the Clean Water Act, as
amended, 33 U.S.C. 1251(e): section 7004(b)
of the Resource Conservation and Recovery
Act, 42 U.S.C. 6974(b>: sec. 1450(a)U) of the
Safe Drinking Water Act, as amended, 42
U-S.C. 300J9.)
1. 40 CFR is amended by adding a
new Part 25 reading as follows:
PART 25—PUBLIC PARTICIPATION IN
PROGRAMS UNDER THE RESOURCE
CONSERVATION AND RECOVERY
ACT, THE SAFE DRINKING WATER
ACT, AND THE CLEAN WATER ACT
Sec.
25.1 Introduction.
25.2 Scope.
25.3 Policy and objectives.
25.4 Information, notification and consul-
tation responsibilities.
25.5 Public hearings.
25.6 Public meetings.
25.7 Advisory groups.
25.8 Responsiveness summaries.
25.9 Permit enforcement.
25.10 Rulemaking.
25.11 Work elements in financial assistance
agreements.
25.12 Assuring compliance with public par-
ticipation requirements.
25.13 Coordination and non-duplication.
25.14 Termination of reporting require-
ments.
AUTHORITY: Sec. 101(e) of the Clean
Water Act, as amended. 33 U.S.C. 1251(e):
sec. 7004(b) of the Resource Conservation
and Recovery Act, 42 U.S.C. 6974(b); sec.
1450(a)(l) of the Safe Drinking Water Act.
as amended, 42 U.S.C. 300J9.
§ 25.1 Introduction.
This part sets forth minimum re-
quirements and suggested program
elements for public participation in ac-
tivities under the Clean Water Act
(Pub. L. 95-217), the Resource Conser-
vation and Recovery Act (Pub. L. 94-
580), and the Safe Drinking Water Act
(Pub. L. 93-523). The applicability of
the requirements of this part is as fol-
lows:
(a) Basic requirements and suggest-
ed program elements for public infor-
mation, public notification, and public.
consultation are set forth in §25.4.
These requirements are intended to
foster public awareness and open proc-
esses of government decisionmaking.
They are applicable to all covered ac-
tivities and programs described in
§ 25.2(a).
(b) Requirements and suggested pro-
gram elements which govern the struc-
ture of particular public participation
mechanisms (for example, advisory
groups and responsiveness summaries)
are set forth in §§ 25.5, 25.6, 25.7, and
25.8. This part does not mandate the
use of these public participation mech-
anisms. It does, however, set require-
ments which those responsible for im-
plementing the mechanisms must
follow if the mechanisms are required
elsewhere in this chapter.
(c) Requirements which apply to
Federal financial assistance programs
(grants and cooperative agreements)
under the three acts are set forth in
§§ 25.10 and 25.12(a).
FEDERAL REGISTER. VOL. 44, NO. 34—FRIDAY, FEBRUARY 16, 1979
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RULES AND REGULATIONS
10293
(d) Requirements for public involve-
ment which apply to specific activities
are set forth in § 25.9 (Permit enforce-
ment), §25.10 (Rulemaking), and
§ 25.12 (Assuring compliance with re-
quirements).
§ 25.2 Scope.
(a) The activities under the three
Acts which are covered by this part
are:
(1) EPA rulemaking, except non-
policy rulemaking Cfor example publi-
cation of funding allotments under
statutory formulas); and State rule-
making under the Clean Water Act
and Resource Conservation and Re-
covery Act;
(2) EPA issuance and modification of
permits, and enforcement of permits
as delineated by § 25.9;
(3) Development by EPA of major
informational materials, such as citi--
zen guides or handbooks, which are
expected to be used over several years
and which are intended to be widely
distributed to the public;
(4) Development by EPA of strategy
and policy guidance memoranda when
a -Deputy Assistant Administrator de-
termines, it to be appropriate;
(5) Development and implementa-
tion of plans, programs, standards,
construction, .and other activities sup-
ported with EPA financial assistance
(grants and cooperative agreements)
to State, interstate, regional and local
agencies (herein after referred to as
"State, interstate, and substate agen-
cies");
(6) The process by which EPA makes
a determination regarding approval of
State administration of the Construc-
tion Grants program in lieu of Federal
administration; and the administra-
tion of the Construction Grants Pro-
gram by the State after EPA approval;
(7) The process by which EPA makes
a determination regarding approval of
State administration of the following
programs in lieu of Federal adminis-
tration: The State Hazardous Waste
Program; the NPDES Permit Pro-
gram; the Dredge and Fill Permit Pro-
gram; and the Underground Injection
Control Program;
(8) Other activities which the Assist-
ant Administrator for Water and
Waste Management, the Assistant Ad-
ministrator for Enforcement, or any
EPA Regional Administrator deems
appropriate in view of the Agency's re-
sponsibility to involve the public in
significant decisions.
(b) Activities which are not covered
by this part, except as otherwise pro-
vided under (a)(8) or (c) of this sec-
tion, are activities under Parts 33
(Subagreements). 39 (Loan Guaran-
tees for Construction of Treatment
Works), 40 (Research and Develop-
ment Grants), 45 (Training Grants
and Manpower Forecasting) and 46
(Fellowships) of this chapter.
(c) Some programs covered by these
regulations contain further provisions
concerning public participation. These
are found elsewhere in this chapter in
provisions which apply to the program
of interest. Regulations which govern
the use and release of public informa-
tion are set forth in part 2 of this
chapter.
(d) Specific provisions of court
orders which conflict with require-
ments of this part, such as court-estab-
lished timetables, shall take prece-
dence over the provisions in this Part.
(e) Where the State undertakes
functions in the construction grants
program, the State shall be responsi-
ble for meeting these requirements for
public. participation, and any applica-
ble public participation requirements
found elsewhere in this chapter, to the
same extent as EPA.
(f) Where the State undertakes
functions in those programs specifical-
ly cited in § 25.2(a)(7), the State shall
be responsible for meeting the require-
ments for public participation includ^
ed in the applicable regulations gov-
erning those State programs. The re-
quirements for public participation in
State Hazardous Waste Programs,
Dredge and Fill Permit programs, Un-
derground Injection Control programs
and NPDES permit programs are
found in Part 123 of this chapter.
These regulations embody the .sub-
stantive requirements of .this part.
(g) These regulations apply to the
activities of all agencies receiving EPA
financial assistance which is awarded
after [the effective date of final regu-
lations], and to all other covered activ-
ities of EPA, State, interstate, and sub-
state agencies which occur after that
date. These regulations will apply to
ongoing grants or other covered activi-
ties upon any significant change in the
activity (for example, upon a signifi-
cant proposed increase in project
scope of a construction grant). Parts
105 (Public Participation in Water Pol-
lution Control) and 249 (Public Par-
ticipation in Solid Waste Manage-
ment) will no longer appear in the
Code of Federal Regulations; however,
they will remain applicable, in uncodi-
fied form, to grants awarded prior to
the effective date of this part and to
all other ongoing activities.
§ 25.3 Policy and objectives.
(a) EPA, State, interstate, and sub-
state agencies carrying out activities
described in § 25.2(a) shall provide for,
encourage, and assist the participation
of the public. The term, "the public"
in the broadest sense means the
people as a whole, the general popu-
lace. There are a number of identifi-
able "segments of the public" which
may have a particular interest in a
given program or decision. Interested
and affected segments of the public
may be affected directly by a decision,
either beneficially or adversely; they
may be affected indirectly; or they
may have some other concern about
the decision. In addition to private
citizens, the public may include,
among others, representatives of con-
sumer, environmental, and minority
associations; trade, industrial, agricul-
tural, and labor organizations; public
health, scientific, and professional so-
cieties; civic associations; public offi-
cials; and governmental and educa-
tional associations.
(b) Public participation is that part
of the decision-making process
through which responsible officials
become aware of public attitudes by
providing ample opportunity for inter-
ested and affected parties to communi-
cate their views. Public participation
includes providing access to the deci-
sion-making process, seeking input
from and conducting dialogue with the
public, assimilating public viewpoints
and preferences, and demonstrating
that those viewpoints and preferences
have been considered by the decision-
making official. Disagreement on sig-
nificant issues is to be ^expected among,
government agencies and the diverse
groups interested in and affected by
public policy decisions. Public agencies
should encourage full presentation of
issues at an early stage so that they
can be resolved and timely decisions
can be made. In the course of this
process, responsible officials should
make special efforts to encourage and
assist participation by citizens repre-
senting themselves and by others
whose resources and access to deci-
sion-making may be relatively limited.
(c) The following are the objectives
of EPA, State, interstate, and substate
agencies in carrying out activities cov-
ered by this part:
(1) To assure that the public has the
opportunity to understand official pro-
grams and proposed actions, and that
the government fully considers the
public's concerns;
(2) To assure that the government
does not make any significant decision
on any activity covered by this part
without consulting interested and af-
fected segments of the public;
(3) To assure that government
action is as responsive as possible to
public concerns;
(4) To encourage public involvement
in implementing environmental laws;
(5) To keep the public informed
about significant issues and proposed
project or program changes as they
arise; .
(6) To foster a spirit of openness and
mutual trust among EPA, States, sub-
state agencies and the public; and
(7) To use all feasible means to
create opportunities for public partici-
FEDERAL REGISTER, VOL. 44, NO. 34—FRIDAY, FEBRUARY 16, 1979
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RULES AND REGULATIONS
pation, and to stimulate and support
participation.
§25.4 Information, notification, and con-
sultation responsibilities.
(a) General. EPA, State, interstate,
and substate agencies shall conduct a
continuing program for public infor-
mation and participation in the devel-
opment and implementation of activi-
ties covered by this part. This program
shall meet the following requirements:
(b) Information and assistance re-
quirements. (1) Providing information
to the public is a necessary prerequi-
site to meaningful, active public in-
volvement. Agencies shall design infor-
mational activities to encourage and
facilitate the public's participation in
all significant decisions covered by
§25.2(a). particularly where alterna-
tive courses of action are proposed.
(2) Each agency shall provide the
public with continuing policy, pro-
gram, and technical information and
assistance beginning at the earliest
practicable time. Informational mate-.
rials shall highlight significant issues
that will be the subject of decision-
making. Whenever possible, consistent
with applicable statutory require-
ments, the social, economic, and envi-
ronmental consequences of proposed
decisions shall be clearly stated in
such material. Each agency shall iden-
tify segments of the public likely to be
affected by agency decisions and
should consider targeting information-
al materials toward them (in addition
to the materials directed toward the
general public). Lengthy documents
and complex technical materials that
relate to significant decisions should
be summarized for public and media
uses. Fact sheets, news releases, news-
letters, and other similar publications
may.be used to provide notice that ma-
terials are available and to facilitate-
public understanding of more complex
documents, but shall not be a substi-
tute for public access to the full docu-
ments.
(3) Each agency shall provide one or
more central collections of reports,
studies, plans, and other documents
relating to controversial issues or sig-
nificant decisions in a convenient loca-
tion or locations, for example, in
public libraries. Examples of such doc-
uments are catalogs of documents
available from the agency, grant appli-
cations, fact sheets on permits and
permit applications, permits, effluent
discharge information, and compliance
schedule reports. Copying facilities at
reasonable cost should be available at
the depositories.
(4) Whenever possible, agencies shall
provide copies of documents of inter-
est to the public free of charge.
Charges for copies should not exceed
prevailing commercial .copying costs.
EPA requirements governing charges
for information and documents pro-
vided to the public in response to re-
quests made under the Freedom of In-
formation Act are set forth in Part 2
of this chapter. Consistent with the
objectives of § 25.3(b), agencies may re-
serve their supply of free copies for
private citizens and others whose re-
sources are limited.
(5) Each agency shall develop and
maintain a list of persons and organi-
zations who have expressed an interest
in or may, by the nature of their pur-
poses, activities or members, be affect-
ed by or have an interest in any cov-
ered activity. Generally, this list will
be most useful where subdivided by
area of interest or geographic area.
Whenever possible, the list should in-
clude representatives of the several
categories of interests listed under
§ 25.3(a). Those on the list, or relevant
portions if the list is subdivided, shall
receive timely and periodic notifica-
tion of the availability of materials
under § 25.4(b)(2).
(c) Public notification. Each agency
shall notify interested and affected
parties, including appropriate portions
of the list required by paragraph
(b)(5) of this section, and the media in
advance of times at which major deci-
sions not covered by notice require-
ments for public meetings or public
hearings are being considered. Gener-
ally, notices should include the timeta-
ble in which a decision will be reached,
the issues under consideration, any al-
ternative courses of action or tentative'
determinations which the agency has
made, a brief listing of the applicable
laws or regulations, the location where
relevant documents may be reviewed
or obtained, identification of any asso-
ciated public participation opportuni-
ties such as workshops or meetings,
the name of an individual to contact
for additional information, and any
other appropriate information. All ad-
vance notifications under this para-
graph must be provided far enough in
advance of agency action to permit
time for public response; generally
this should not be less than 30 days.
(d) Public consultation. For the pur-
poses of this part, "public consulta-
tion" means an exchange of veiws be-
tween governmental agencies and in-
terested or affected persons and orga-
nizations in order to meet the objec-
tives set forth in § 25.3. Requirements
for three common forms of public con-
sultation (public hearings, public
meetings, and advisory groups) are set
forth in §§25.5, 25.6, and 25.7. Other
less formal consultation mechanisms
may include but are not limited to
review groups, ad hoc committees, task
forces, workshops, seminars and infor-
mal personal communications with in-
dividuals and groups. Public consulta-
tion must be preceded by timely distri-
bution of information and must occur
sufficiently in advance of decision-
making to allow the agency to assimi-
late public views into agency action.
EPA, State, interstate, and substate
agencies shall provide for early "and
continuing public consultation in any
significant action covered by this
part. Merely conferring with the
public after an agency decision does
not meet this requirement. In addition
te holding hearings and meetings as
specifically required in this chapter, a
hearing or meeting shall be held if
EPA, the State, interstate,- or substate
agency determines that there is sig-
nificant public interest or that a hear-
ing or meeting would be useful.
(e) Public information concerning
legal proceedings. EPA, State, inter-
state, and substate agencies shall pro-
vide full and open information on
legal proceedings to the extent not in-
consistent with court requirements,
and where such disclosure would not
prejudice the conduct of the litigation.
EPA actions with regard to affording
opportunities for public comment
before the Department of Justice con-
sents to a proposed judgment in an
action to enjoin discharges of pollut-
ants into the environment shall be
consistent with the Statement of
Policy issued by the Department of
Justice (see Title 28, Code of Federal
Regulations, Chapter 1, § 50.7).
§ 25.5 Public hearings.
(a) Applicability. Any non-adjudica-
tory public hearing, whether manda-
tory or discretionary, under the three
Acts shall meet the following mini-
mum requirements. These require-
ments are subordinate to any more
stringent requirements found else-
where in this chapter or otherwise im-
posed by EPA, State, interstate, or
substate agencies. Procedures devel-
oped for adjudicatory hearings re-
quired by this chapter shall be consist-
ent with the public participation ob-
jectives of this part, to the extent
practicable.
(b) Notice. A notice of each hearing
shall be well publicized, and shall also
be mailed to the-appropriate portions
of the list of interested and affected
parties required by § 25.4(b)(5). Except
as otherwise specifically provided else-
where in this chapter, these actions
must occur at least 45 days prior to
the date of the hearing. However,
where EPA determines that there are
no substantial documents which must
be reviewed for effective hearing par-
ticipation and that there are no com-
plex or controversial matters, to be ad-
dressed by the hearing, the noUcv re-
quirement may be reduced to no less
than 30 days. EPA may further reduce
' or waive the hearing notice require-
ment in emergency situations where
EPA determines that there is an immi-
nent danger to public health. To the
FEDERAL REGISTER, VOL 44, NO. 34—FRIDAY, FEBRUARY 16, 1979
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RULES AND REGULATIONS
10295
extent not duplicative, the agency
holding the hearing shall also provide
informal notice to all interested per-
sons or organizations that request it.
The notice shall identify the matters
to be discussed at the hearing and
shall include or be accompanied by a
discussion of the agency's tentative de-
termination on major issues (if any),
information on the availability of a
bibliography of relevant materials (if
deemed appropriate), and. procedures
for obtaining further information. Re-
ports, documents and data relevant to
the discussion at the public hearing
shall be available to the public at least
30 days before the hearing. Earlier
availability of materials relevant to
the hearing will further assist public
participation and is encouraged where
possible.
(c) Locations and time. Hearings
must be held at times and places
which, to the maximum extent feasi-
ble, facilitate attendance by the
public. Accessibility of public transpor-
tation, and use of evening and week-
end hearings, should be considered. In
the case of actions with Statewide in-
terest, holding more than one hearing
should be considered.
(d) Scheduling presentations. The
agency holding the hearing shall
schedule witnesses in advance, when
necessary, to ensure maximum partici-
pation and allotment .of adequate time
for all speakers. However, the agency
shall reserve some time for unsched-
uled testimony and may consider re-
serving blocks of time for major cate-
gories of witnesses.
(e) Conduct of hearing. The agency
holding the hearing shall inform the
audience of the issues involved in the
decision to be made, the consider-
ations the agency will take into ac-
count, the agency's tentative determi-
nations (if any), and the information
which is particularly solicited from
the public. The agency should consid-
er allowing a question and answer
period. Procedures shall not unduly in-
hibit free expression of views (for ex-
ample, by onerous written statement
requirements or qualification of wit-
nesses beyond minimum identifica-
tion).
(f) Record. The agency holding the
hearing shall prepare a transcript, re-
cording or other complete record of
public hearing proceedings and make
it available at no more than cost to
anyone who requests it. A copy of the
record shall be available for public
review.
§ 25.6 Public meetings. j
Public meetings are any assemblies
or gathering, (such as conferences, in-
formational sessions, semmars, work-
shops, or,other activities) which the
responsible agency intends to be open
to anyone wishing to attend. Public
meetings are less formal than public
hearings. They do not require formal
presentations, scheduling of presenta-
tions and a record of proceedings. The
requirements of § 25.5 (b) and (c) are
applicable to public meetings, except
that the agency holding the meeting
may reduce the notice "to not less than
30 days if there is good reason that
longer notice cannot be provided.
§ 25.7 Advisory groups.
(a) Applicability. The requirements
of this section on advisory groups
shall be met whenever provisions of
this chapter require use of an advisory
group by State, interstate, or substate
agencies involved in activities support-
ed by EPA financial assistance under
any of the three Acts.
(b) Role. Primary responsibility for
decision-making in environmental pro-
grams is vested by law in the elected
and appointed officials who" serve on
public bodies and agencies at various
levels of government. However, all seg-
ments of the public must have the op-
portunity to participate in environ-
mental quality planning. Accordingly,
where EPA identifies a need for con-
tinued attention of an informed core
group of citizens in relation to activi-
ties conducted with EPA financial as-
sistance, program regulations else-
where in this chapter will require an
advisory group to be appointed by the
financially assisted agency^ Such advi-
sory groups will not be the sole mecha-
nism for public participation, but will
complement other mechanisms. They
are intended to assist elected or ap-
pointed officials with final decision-
making responsibility by making rec-
ommendations to such officials on im-
portant issues. In addition, advisory
groups should foster a constructive in-
terchange among the various interests
present on the group and enhance the
prospect of community acceptance of
agency action.
(.c) Membership. (1) The agency re-
ceiving financial assistance shall
assure that the advisory group reflects
a balance of interests in the affected
area. In order to meet this require-
ment, the assisted agency shall take
positive action, in accordance with
paragraph (c)(3), to establish an advi-
sory group which consists of substan-
tially equivalent proportions of the
following four groups:
(i) Private citizens. No person may
be included in this portion of the advi-
sory group who is likely to incur a fi-
nancial gain or loss greater than that
of an average homeowner, taxpayer or
consumer as a result of any action
likely to be taken by the assisted
agency.
(ii) Representatives of public'interest
groups. A "public interest group" is an
organization which reflects a general
civic, social,, recreational, environmen-
tal or public health perspective in the
area and which does not directly re-
flect the economic interests of its
membership.
(iii) Public officials.
(iv) Citizens or representatives of or-
ganizations with substantial economic
interests in the plan or project.
(2) Generally, where the activity has
a particular geographic focus, the ad-
visory group shall be made up of per-
sons who are residents of that geo-
graphic area.
(3) In order to meet the advisory
group membership requirements of
paragraph (c)(l), the assisted agency
shall:
(i) Identify public interest groups,
economic interests, and public officials
who are interested in or affected by
the assisted activity.
(ii) Make active efforts to inform
citizens in the affected area, and the
persons or groups identified under
paragraph (c)(3Xi), of this opportuni-
ty for participation on the advisory
group. This may include such actions
as placing notices or announcements
in the newspapers or other media,
mailing written notices to interested
parties.'contacting organizations or in-
dividuals directly, requesting organiza-
tions to notify their members through
meetings, newsletters; or other means.
(iii) Where the membership compo-
sition set forth in paragraph (c)(l) is
not met after the above actions, the
assisted agency shall identify the cau-
sative problems and make additional
efforts to overcome such problems.
For example, the agency should make
personal contact with prospective par-
ticipants to invite their participation.
(iv) Where problems in meeting the
membership composition arise, the
agency should .request advice and as-
sistance from EPA.
(d) The assisted agency shall record
the names and mailing addresses of
each member of the advisory group,
with the attributes of each in relation
to the membership requirements set
forth in paragraph .(cXI), provide a
copy to EPA, and make the list availa-
ble to the public. In the event that the
membership requirements set forth in
paragraph (c)(l) are not met, the as-
sisted .agency shall append to the list a
description of its efforts to comply
with those requirements and an expla-
nation of the problems which prevent-
ed compliance. EPA shall review the
agency's efforts to comply and ap-
prove "the advisory group composition
or, if the agency's efforts were inad-
equate, require additional actions to
achieve the required membership com-
position. - . .
(e) Responsibilities of the assisted
agency. (1) The assisted agency .shall
designate a staff contact who will be
responsible for day-to-day coordina-
tion among the advisory group, the
FEDERAL REGISTER, VOL. 44, NO. 34—FRIDAY,' FEBRUARY 16, 1979
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10296
RULES AND REGULATIONS
agency, and any agency contractors or
consultants. The financial assistance
agreement shall include a budget item
for this staff contact. Where substan-
tial portions of the assisted agency's
responsibilities will be met under con-
tract, the agency shall require a simi-
lar designation, and budget specifica-
tion, of its contractor. In the latter
event, the assisted agency does not
have to designate a separate staff con-
tact on its own staff, if the Regional
Administrator determines that the
contractor's designation will-result in
adequate coordination. The staff con-
tact shall be located in the project
area.
(2) The assisted agency has such re-
sponsibilities as providing the advisory
group with information, identifying
issues for the advisory group's consid-
eration, consulting with the advisory
group throughout the project, request-
ing the advisory group's recommenda-
tions prior to major decisions, trans-
mitting advisory group recommenda-
tions to decision-making officials, and
making written responses to any
formal recommendation by the adviso-
ry group. The agency shall make any
such written responses available to the
public. To the maximum extent feasi-
ble, the assisted agency shall involve
the advisory group In the development
of the public participation program.
(3) The assisted agency shall identi-
fy professional and clerical staff time
which the advisory group may depend
upon for assistance, and provide the
advisory group with an operating
budget which may be used for techni-
cal assistance and other purposes
agreed upon between the advisory
group and the agency.
(4) The assisted agency shall estab-
lish a system to make costs of reason-
able out-of-pocket expenses of adviso-
ry group participation available to
group members. Time away from work
need not be reimbursed; however, as-
sisted agencies are encouraged to
schedule meetings at times and places
which will not require members to
leave their Jobs to attend.
(f) Advisory group responsibilities
and duties. The advisory group may
select its own chairperson, adopt its
own rules of order, and schedule and
conduct its own meetings. Advisory
group meetings shall be announced
well in advance and shall be open to
the public. At all meetings, the adviso-
ry group shall provide opportunity for
public comment. Any minutes of advi-
sory group meetings and recommenda-
tions to the assisted agency shall be
available to the public. The advisory
group should monitor the progress of
the project and become familiar with
issues relevant to project development.
In the event the assisted agency and
the advisory group agree that the ad-
visory group will assume public par-
ticipation responsibilities, the group
should undertake those responsibil-
ities promptly. The advisory group
should make written recommendations
directly to the assisted agency and to
responsible decision-making officials
on major decisions (including approval
of the public participation program)
and respond to any requests from the
agency or decision-making officials for
recommendations. The advisory group
should remain aware of community at-
titudes and responses to issues as they
arise. As part of this effort, the adviso-
ry group may, within the limitations
of available resources, conduct public
participation activities in conjunction
with the assisted agency; solicit out-
side advice; and establish, in conjunc-
tion with the assisted agency, subcom-
mittees, ad hoc groups, or task forces
to investigate and develop' recommen-
dations on particular issues as they
arise. The advisory group should un-
dertake its responsibilities fully and
promptly in accordance with the poli-
cies and requirements of this part.
Nothing shall preclude the right of
the advisory group from requesting
EPA to perform an evaluation of the
assisted agency's compliance with the
requirements of this part.
(g) Training and assistance. EPA
will promptly provide appropriate
written guidance and project informa-
tion to the newly formed advisory
group and may provide advice and as-
sistance to the group throughout the
life of the project. EPA will develop
and, in conjunction with the State or
assisted agency, carry out a program
to provide a training session for the
advisory group, and appropriate assist-
ed agency representatives, promptly
after the advisory group is formed.
The assisted agency shall provide addi-
tional needed information or assist-
ance to the advisory group.
§ 25.8 Responsiveness summaries.
Each agency which conducts any ac-
tivities required under this part shall
prepare a Responsiveness Summary at
specific decision points as specified in
program regulations or in the ap-
proved public participation work plan.
Responsiveness Summaries are also re-
quired for rulemaking activities under
§ 25.10. Each Responsiveness Sum-
mary shall identify the public partici-
pation activity conducted; describe the
matters on which the public was con-
sulted; summarize the public's -views,
significant comments, criticisms and
suggestions; and set forth the agency's
specific responses in terms of modifi-
cations of the proposed action or an
explanation for rejection of proposals
made by the public. Responsiveness
Summaries prepared by agencies re-
ceiving EPA financial assistance shall
also include evaluations by the agency
of the effectiveness of the public par-
acipation program. Assisted agencies
shall request such evaluations from
any advisory group and provide an op-
portunity for other participating mem-
bers of the public to contribute to the
evaluation. (In the case of programs
with multiple responsiveness summary
requirements, these analyses need
only be prepared and submitted with
the final summary required.) Respon-
siveness summaries shall be forwarded
to the appropriate decision-making of-
ficial and shall be made available to,
the public. Responsiveness Summaries
shall be used as part of evaluations re-
quired under this part or elsewhere in
this chapter.
§ 25.9 Permit enforcement.
Each agency administering a permit
program shall develop internal proce-
dures for receiving evidence submitted
by citizens about permit violations and
ensuring that it is properly considered.
Public effort in reporting violations
shall be encouraged, and the_ agency
shall make available information on
reporting procedures. The agency
shall investigate alleged violations
promptly.
§ 25.10 Rulemaking.
(a) EPA shall invite and consider
written comments on proposed and in-
terim regulations from any interested
or affected persons and organizations.
All such comments shall be part of the
public record, and a copy of each com-
ment shall be available for public in-,
spection. EPA will maintain a docket
of comments received and any Agency
responses. Notices of proposed and in-
terim rulemaking, as well as final rules
and regulations, shall be distributed in
accordance with § 25.4(c) to interested
or affected persons promptly after
publication. Each notice shall include
information as to the availability of
the full texts of rules and regulations
(where these are not set forth in the
notice itself) and places where copying
facilities' are available at reasonable
cost to the public. Under Executive
Order 12044 (March 23, 1978), further
EPA guidance will be issued concern-
ing public participation in EPA rule-
making. A Responsiveness Summary
shall be published as part of the pre-
amble to interim and final regulations.
In addition to providing' opportunity
for written comments on proposed and
interim regulations, EPA may choose
to hold a public hearing.
(b) State rulemaking specified in
§ 25.2(a)(l) shall be in accord with the
requirements of subparagraph (a) of
this paragraph or with the State's ad-
ministrative procedures act, if one
exists. However, in the event of con-
flict between a provision of paragraph
(a) and a provision of a State's admin-
istrative procedures act, the State's
law shall apply.
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§25.11 Work elements in financial assist-
ance agreements.
(a) This section is applicable to ac-
tivities under § 25.2(a)(5) except as
otherwise provided in Parts 30 or 35.
(b) Each applicant for EPA financial
assistance shall set forth in the appli-
cation a public participation work plan
or work element which reflects how
public participation will be provided
for, encouraged, and assisted in ac-
cordance with this part. This work
plan or element shall cover the project
period. At a minimum, the work plan
or element shall include:
(1) Staff contacts and budget re-
sources to be devoted to public partici-
pation by category;
(2) A proposed schedule for public
participation activities to impact
major decisions, including consultation
points where responsiveness summar-
ies will be prepared;
(3) An identification of consultation
and information mechanisms to be
used;
(4) The segments of the public tar-
geted for involvement.
(c) All reasonable costs of public par-
ticipation incurred by assisted agen-
cies which .are identified in an ap-
proved public participation work plan
or element, or which are otherwise ap-
proved by EPA, shall be eligible for fi-
nancial assistance.
(d) The work plan or element may
be revised as necessary throughout the
project period with approval of the
Regional Administrator.
§ 25.12 Assuring compliance with public
participation requirements.
(a) Financial assistance programs.
(1) Applications. EPA shall review the
public participation work plan (or, if
no work plan is required by this chap-
ter for the particular financial assist-
ance agreement, the public participa-
tion element) included in the applica-
tion to determine consistency with all
policies and requirements of this part.
No financial assistance shall be award-
ed unless EPA is satisfied that the
public participation policies and re-
quirements of this part and. any appli-
cable public participation require-
ments found elsewhere in this chapter.
will be met.
(2) Compliance, (i) Evaluation. EPA
shall evaluate compliance with public
participation requirements using the
work plan, responsiveness summary.
and other available information. EPA
will judge the adequacy of the public
participation effort in relation to the
objectives and requirements of § 25.3
and § 25.4 and other applicable re-
quirements. In conducting this evalua-
tion, EPA may request additional in-
formation from the assisted agency,
including records of hearings and
meetings, and may invite public com-
ment on the agency's performance.
The evaluation will be undertaken as
part of any mid-project review re-
quired in various programs under this
chapter; where no such review is re-
quired the review shall be conducted
at an approximate mid-point in con-
tinuing EPA oversight activity. EPA
may, however, undertake such evalua-
tion at any point in the project period.
and will do so whenever it believes
that an assisted agency may have
failed to meet public participation re-
quirements.
(ii) Remedial actions. Whenever
EPA determines that an assisted
agency has not fully met public par-
ticipation requirements, EPA shall
take actions which it deems appropri-.
ate to -mitigate the adverse effects of
the failure and assure that the failure
is not repeated. For ongoing projects^
that action shall include, at a mint-
mum, imposing more stringent re-
quirements on the assisted agency for
the next budget period or other peridd
of the project (including such actions
as more specific output requirements
and milestone schedules for output
achievement: interim EPA review of
public participation activities and ma-
terials prepared by the agency, and
phased release of funds based on com-
pliance with milestone schedules.)
EPA may terminate or suspend part or
all financial assistance for non-compli-
ance with public participation require-
ments, and may take any further ac-
tions that it determines to be. appro-
priate in accordance with Parts 30 and
35 of this chapter (see, in particular,
§§ 30.340, Noncompliance and 30.615-3.
Withholding of Payments, and Sub-
part H of Part 30, Modification. Sus-
pension, and Termination).
(b) State programs approved in lieu
of Federal programs. State compliance
with applicable public participation re-
quirements in programs specified in
sections 25.2(a) (6) and (7) and admin-
istered by approved States shall be
monitored by EPA during the annual
review of the State's program, and
during any financial or program audit
or review of these programs. EPA may
withdraw an approved-program from a
State for failure to comply with appli-
cable public participation require-
ments.
(e) Other covered programs. Assuring
compliance with, these public "partici-
pation requirements for programs not
covered by paragraphs (a) and (b) of
this section is the responsibility of the
Administrator of EPA. Citizens with
information concerning alleged fail-
ures to comply with the public-partici-
pation requirements should notify the
Administrator. The Administrator will
assure that instances of alleged non-
compliance are promptly investigated
and that corrective action is taken
where necessary.
§'25.1.'! Coordination and non-duplication.
The public participation activities
and materials that are required under
this part should be coordinated or
combined with those of closely related
programs or activities wherever this
will enhance the economy, the effec-
tiveness, or the timeliness of t.h«
effort; enhance the clarity of l.he
issue; and not be detrimental to par-
ticipation by the widest possible
public. Hearings and meetings on (.he
same matter may be held jointly by
more than one agency where this does
not conflict with the policy of (his
paragraph. Special efforts shall ho
made to coordinate public participa-
tion procedures under this part and
applicable regulations elsewhere in
this chapter with environmental as-
sessment and analysis procedures
under 40 CFR Part 6. EPA encourages
interstate agencies in particular to de-
velop combined proceedings for the
States concerned.
§25.14 Termination of reporting; rrtjuiix*-
ments.
All reporting requirements speHfi-
cally-established by this part will ter-
minate on (5 years from date of publi-
cation) unless EPA acts to extend the
requirements beyond that date.
PART 105 [REVOKED]
PART 249 [REVOKED]
2. 40 CFR is amended by deleting
Parts 105 and 249.
CFR Doc. 79-5017 Filed 2-15-79: 8:45 am]
FEDERAL REGISTER, VOL. 44, NO. 34—FRIDAY, FEBRUARY 16, 1979
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