VIDEO INFORMATION AND ACTIVITIES GUIDE
                                     FOR
              VIDEO TRAINING IN RCRA PUBLIC INVOLVEMENT
                                  Presented by

                               Holland Lech, EPA
                           Sean Casey, ICF Incorporated
                                      and
                        Nancy O'Connor, ICF Incorporated
PURPOSE

     To provide a background in the RCRA public involvement process.

GENERAL INFORMATION

     •    For use by individuals or small groups.

     •    The package consists of two tapes that are approximately 2 1/2 hours in total
           length.

     •    Participants should use the enclosed Skills Manual while watching the video.
           Page numbers in the manual correspond to the numbers at the bottom the video
           screen.

     •    The enclosed copy of the RCRA public involvement handbook (Public
           Involvement in RCRA Permitting and Corrective Action) is an excellent
           reference for determining appropriate public involvement during RCRA
           permitting and corrective action processes.

ACTIVITIES

     When used by two or more individuals, the video should be stopped and discussions
     held at the end of the following sections.  Sample exercises are given under each
     section.  Users can enhance the training by creating additional activities.
  1.    OVERVIEW OF PUBLIC INVOLVEMENT - Stop video after Page 9.
       EXERCISE

       •     What is the difference between public involvement and public relations?

-------
 2.    IDENTIFYING THE NEED FOR EXPANDED PUBLIC INVOLVEMENT - Stop the
      video after page 17.
      EXERCISES
      •    How is the level of public interest at a site determined?

      •    Why is it important to classify public interest at sites as high, moderate, or low?
 3.    DETERMINING THE ROLE OF THE FACILITY IN PUBLIC INVOLVEMENT
	Stop video after page 26.	

      EXERCISES

      •    What role can a facility play in public involvement?  Why?

      •    What oversight must the State and/or EPA provide?
4.    PUBLIC INVOLVEMENT ACTIVITIES - Stop video after Page 45.

      EXERCISES
      •    What public involvement activities should take place during the proposed remedy
           selection/draft permit modification stage of the RCRA process (See Chapter 4 of
           handbook)?

      •    What public involvement activities must take place when EPA receives a permit
           application (See Chapter 3 of handbook)?

-------
  5.    COMMUNICATING WITH THE MEDIA - Stop video after page 58.
       EXERCISES

       •     What are the different types of media?

       •     What do reporters look for in a potential story?

       •     What are the five ways of interacting with the media?

       •     Why is it important to prepare for media interviews?
  6,    CONDUCTING EXPANDED PUBLIC INVOLVEMENT WITH LIMITED
       RESOURCES - Stop video after page 67.
       EXERCISES


       •     Who in your Regional EPA or State offices can you contact for aid in conducting
             public involvement activities?

       •     Where can you obtain ready-made materials for use in RCRA public involvement
             activities?
  7.    PUBLIC MEETINGS - (End of Video)
       EXERCISES

       •     What is the difference between a public hearing and a public meeting?

       •     List some of the planning activities that should take place prior to a public hearing
             and prior to a public meeting.
FOR FURTHER INFORMATION

     Questions concerning this training package should be directed to Mr. Rolland Lech,
     U.S. EPA Region VIII, 999 18th Street, Denver, Colorado  80202 (303) 293-1516.

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United States      Office of Solid Waste
Environmental Protection
Agency
No. xxxxxxxxxx
November 20,1992
Public Involvement
in RCRA Permitting and
Corrective Action
     :—Do not cite or quote
               a
     November 20,1992

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                              Contents
Chapter 1 Introduction
    Manual Overview	1-1
    The Big Picture	1-2
    Overview of RCRA and its 1984 Amendments	1-2
    Facility Permitting	1-3
    The RCRA Corrective Action Program	1-3
    Public Involvement in RCRA Activities	1-4

Chapter 2 Basics of Public Involvement
    What is Public Involvement?	2-1
    What Makes a Good Public Involvement Program?	2-2
    Why Bother With Public Involvement?  	2-2
    Building a Useful Program  	2-2
    Promoting Environmental Equity Through Public Involvement	2-3
    Making Public Involvement Beneficial for the Public and Easy to Deliver	2-4
    Step One: How to Assess RCRA Facilities for Public Involvement Purposes	2-5
    Step Two: How to Plan a Public Involvement Program	2-8
    Step Three:  How to Implement a Public Involvement Program	2-13
    Chapter Summary	2-16

Chapter 3 Public Involvement  During the RCRA Permitting Process
    Introduction  	3-1
    Public Involvement During  the Permit Decision Process	3-2
        Step One: Submission and Review of Permit Application	3-2
        Step Two: Preparation of Draft Permit or Decision to Deny and Public
            Comment Period  	3-5
        Step Three:  Final Permit Decision  	3-6
    Public Involvement- When Permits Are Modified	3-7
        When the Facility Owner or Operator Initiates a Modification  	3-8
        Class 1 Modifications	3-9
        Class 2 Modifications	3-9
        Class 3 Modifications	3-12
    Public Involvement in Closure/Post-Closure	3-14
        Closure and Post-Closure at Permitted Facilities	3-14
    Example:  The Blank Community	3-16
    Chapter Summary	3-23
Chapter 4 Public Involvement for RCRA Corrective Action Under
            Permits and ง3008(h)  Orders
    Introduction 	4-1
    Public Involvement During Corrective Action in Permitting 	4-2
    Step One:  RCRA Facility Investigation (RFI)	4-3
    Step Two:  Corrective Measures Study (CMS)	4-9

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                                                                  Contents (continued)
    Step Three:  Proposed Remedy Selection
    Step Four:  Final Selection of Remedy  ................................... 4-1i
    Step Five: Corrective Measures Implementation ............................ 4- IT
    Step Six: Completion of Remedy ....................................... 4-12
    Step Seven:  Interim Measures  ................................. ......... 4-13
    Public Involvement Activities Under ง3008(h) Orders  ......................... 4-13
    Chapter Summary ......................................... .......... . 4-18

Chapter 5 Public Involvement Activities: How to Do Them
    Introduction ................. ........................................  5-1
    Community Interviews .................................................  5-2
    Public Involvement Plan  . . . .r ...........................................  5-8
    Revision of Public Involvement Plan ..................................... 5-11
    Mailing  Lists [[[ 5-14
    Public Notice  [[[ 5-18
    Fact Sheets/Statements of Basis ....................... . ................. 5-24
    Public Comment Period  ........................ . ..................... 5-30
    Public Hearings [[[ 5-33
    Notice of Decision  .......................................... . ....... 5-38
    Response to Comments ............................................... 5-40
    Introductory Notice .................................................. 5-43
    Information Repository ............................................... 5-46
    Exhibits  [[[ 5-5;
    News Releases  ............... ...................................... 5-5
    Translations [[[ 5-57
    Using Existing  Groups/Publications ...................................... 5-60
    Contact Person [[[ 5-63
    Telephone Contacts ................................................. 5-66
    Door-to-Door Canvassing ................................. . ........... 5-69
    News Conferences [[[ 5-73
    Facility Tours  .............................................. . ....... 5-76
    Telephone Hotline .................................................. 5-79
    Observation Deck .......................................... .......... 5-82
    On-Scene Information Office ........................................... 5-85
    Informal Meetings ........................................ ............ 5-88
    Availability Sessions/Open Houses ............................ ............ 5-93

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Preface
                             This guidance document was developed by the Permit Policy Branch,
                             Permits and State Program Division of the Office of Solid Waste with
                             support from ICF Incorporated.  It is intended to assist the U.S.
                             Environmental Protection Agency (EPA) regional offices and state
                             regulatory agencies in conducting effective public involvement in
                             RCRA permitting and corrective action programs.
Preface
                                                                                    Page i

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Chapter  1
Introduction
Overview of this
Manual
This manual provides instruction on how to plan and carry out
successful public involvement in RCRA permitting and corrective
action programs, which may be implemented through either permits or
enforcement orders. It is intended for use by RCRA technical staff in
EPA and RCRA-authorized state programs. It may also be useful to
staff of RCRA-regulated facilities to which some public involvement
activities are delegated.  For simplicity, the term "regulatory agency"
refers to either EPA or a state agency running an EPA-authonzed
RCRA program and "you" refers to staff from those programs.

This manual presents only EPA requirements and policies.  If the
reader is a staff member of a state permitting agency or a facility, his or
her responsibilities will vary according to what EPA has delegated, and
the reader may be subject to additional policies developed by his or her
regulatory agency or facility.

Following this introductory chapter, the manual is organized as follows:

•    Chapter 2 gives the reader a broad overview of the public
     involvement process;
•    Chapter 3 explains how to coordinate public involvement activities
     with RCRA permitting;
•    Chapter 4 discusses public involvement for corrective action under
     permits and enforcement  orders;
•    Chapter 5 provides step-by-step instructions for conducting all
     public involvement activities identified in Chapters 2, 3, and 4:
•    Appendix 1 discusses when and how to delegate public
     involvement tasks to  facilities;
•    Appendix 2 presents  case studies of RCRA public involvement
     efforts;
•    Appendix 3 lists the materials available for use in RCRA public
     involvement; and
•    Appendix 4 consists of an EPA fact sheet  entitled "Modifying
     RCRA Permits."
Chapter 1:  Introduction
                                                       Page l-L

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The Big Picture
Overview of RCRA
and its 1984
Amendments
The RCRA program touches, and thus involves, a myriad of people
organizations. However, the roles of those involved vary greatly.
Congress writes or amends the Act which, when signed by the
President, becomes law. After the Office of Solid Waste and Emer-
gency Response (OSWER) at EPA develops the regulations that more
specifically define and explain how the law will be implemented, the
RCRA program is implemented by both EPA headquarters (OSWER)
and regional EPA staff. The states may, in turn, apply to EPA for the
authority to run all  or part of the RCRA program. In doing so, a state
may adopt the federal program outright or develop its own program, as
long as it is at least as stringent and as broad in scope as the federal
program. The regulated community is involved with the RCRA
program because it  must comply with the law and its regulations.
Finally, the general public participates by providing input and
comments at almost every stage of the program's development and
implementation.

The Resource Conservation and Recovery Act, an amendment to the
Solid Waste Disposal Act, was enacted in 1976 to address  a problem of
enormous magnitude — how to safely manage and dispose of the huge
volumes of municipal and industrial solid waste generated  nationwide.
The goals set by RCRA were:

•    To protect human health and the environment;

•    To reduce waste and conserve energy and natural resources; and

•    To reduce or eliminate the generation of hazardous waste  as
     expeditiously as possible.

The Act continues to evolve as Congress  amends it to reflect changing
needs.  It has been  amended several times since 1976, most significantly
on November 8, 1984.  The 1984 amendments, called the Hazardous
and Solid Waste Amendments (HSWA), significantly  expand the scope
and requirements of RCRA.  Certain provisions related to corrective
action at RCRA facilities are described later in this chapter.

The program outlined under Subtitle C of the Act, and codified under
40 CFR Parts 261-266  and Parts 268-270, is the one most  people think
about when RCRA is mentioned.  Subtitle  C establishes a program to
manage hazardous wastes from cradle to grave.  The objective of the
Subtitle C program is to assure that hazardous waste  is handled in a
manner that protects human health and the environment.  To this end.
there are Subtitle C regulations regarding the generation;
transportation; and treatment, storage, and disposal of hazardous waste^

The Subtitle C program has resulted in perhaps the most
comprehensive regulatory program EPA has ever developed. The
Chapter 1: Introduction
                                                         Page 1-2

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Facility Permitting
The RCRA
Corrective Action
Program
Subtitle C regulations first identify those solid wastes that are
"hazardous" and then establish various administrative requirements for
the three categories of hazardous waste handlers:  (1) generators; (2)
transporters; and (3) owners or operators of treatment, storage, and
disposal facilities.  In addition, the Subtitle C regulations set technical
standards for the design and safe operation of hazardous waste
facilities. These standards are designed to minimize the release of
hazardous waste into the environment. Furthermore, the regulations
for RCRA facilities serve as the basis for developing and issuing the
permits to each facility.  Issuing permits is essential to making the
Subtitle C regulatory program work, because it is through the
permitting process that the regulatory  agency actually applies the
technical standards to facilities.

Owners or operators of facilities regulated under Subtitle C are
required to submit a comprehensive permit application covering all
aspects of the design, operation,  maintenance, and closure of the
facility. Facilities  in existence on November 19, 1980, operate under
interim status until a final permit decision is made.  New facilities are
ineligible for interim status and must receive a RCRA permit before
construction can commence.

The permit application is divided  into  two parts: A and B.  Part A is a
short, standard form that collects general information about a facility.
Part B is much more detailed and requires the owner or operator to
supply detailed and highly technical information concerning facility
operations.  Because there is no  standard form for Part B, the owner or
operator must rely on the regulations (40 CFR Parts 264 and 270) to
determine what to include in this part  of  the application.  Existing
facilities that received hazardous waste on or after November 19, 1980.
submitted their Part As when applying for interim status.  Their Part Bs
can either be voluntarily submitted or  called in by the regulatory
agency. New facilities must submit Parts  A and B simultaneously at
least 180 days prior to the date on which  physical construction is
expected to begin. Permit applications are  processed according to the
procedures found in 40 CFR Part 124.

RCRA requires owners and operators of RCRA facilities to implement
corrective actions to clean up contamination resulting from present and
past practices, including those practices of previous owners of the
facility. HSWA added three provisions for  corrective action, thus
substantially expanding EPA's authority to initiate corrective action at
both permitted RCRA facilities and facilities operating under interim
status. Section 3004(u) of HSWA requires  that any permit issued to a
facility after November 8,  1984, under ง3005(c) of RCRA address
corrective action for releases of hazardous wastes or hazardous
constituents from  any solid waste management unit (SWMU) at the
Chapter 1: Introduction
                                                           Page 1-3

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Public Involvement
in  RCRA Activities
                               facility.  If all corrective action activities cannot be completed prior to
                               permit issuance, the permit must include a schedule of compliance
                               establishing deadlines as well as assurances of financial responsibility fd
                               completing the required corrective actions. Section 3004(v) authorizes
                               EPA to require corrective action beyond the facility boundary, if
                               necessary. Finally, ง3008(h) authorizes EPA to issue administrative
                               (i.e., enforcement) orders or bring court action to require corrective
                               action or other measures, as appropriate, when there is or has been a
                               release of hazardous waste or hazardous constituents from a RCRA
                               facility operating under interim status.
Corrective action is carried out by the facility owner or operator under
the specific requirements or conditions stated in the RCRA permit or
administrative order.  In some cases, the owner or operator is required
to begin corrective action prior to permit issuance through an order.  If
the regulatory agency issues a permit to the facility prior to completion
of all activities specified in the order, the regulatory agency may require
the owner or operator to continue all or some of the activities under
the order, or may incorporate the requirements of the order into the
RCRA permit schedule of compliance.

EPA requires public involvement in  RCRA, just as it does for other
environmental programs. The goal of public involvement in the RCRA
program is to give interested citizens and affected parties the
opportunity  to participate in  EPA's decision-making process with
respect to hazardous waste management activities.  Review of permit
applications, issuance of permits and administrative orders, permit
modifications, implementation of corrective action programs, and
approval of closure plans are all activities that require public
involvement under the Act. Part of your responsibility in
implementing any of these activities is  to provide for public involve-
ment that allows those who are interested  in or affected by a decision
to have the opportunity to participate in that decision.
Chapter L: Introduction
                                                           Page L-4

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Chapter  2
Basics  of Public  Involvement
What  is Public
Involvement?
     TWO-WAY COMMUNICATION
Public involvement allows community members who are affected by or
interested in a facility or its specific operations to have a meaningful
dialogue with the regulatory agency considering the RCRA action
and/or the facility owner or operator. Public involvement assures that
there is two-way communication between the public and the regulatory
agency and that public concerns are  taken into account when decisions
are made on the final permit or order.

Public involvement is a two-way process.  If the regulatory agency sends
out a fact sheet about an upcoming permit action, that fact sheet does
not constitute public involvement in  and of itself. What is missing is
the "feedback" loop ~ a way for the  regulatory agency to hear from
those who read the fact sheet and address their concerns. To provide
for feedback, the regulatory agency might name a contact person in the
fact sheet and encourage telephone  or written comments, or visit a
neighborhood group, or hold a meeting or workshop to discuss material
in  the fact sheet.  At the. minimum, 40 CFR 124.8(7) requires that you
supply the name and telephone number of a person that may be
contacted for additional information. A feedback loop enables the
regulatory agency to monitor public  interest and concern and to adjust
public involvement activities and techniques to respond quickly and
effectively to changing needs.

Even if a feedback loop operates successfully, public involvement
cannot be successful if the  regulatory agency is not willing and able to
consider changes  to a proposed activity or permit action based on
public comment.  While the regulatory agency need not incorporate
every change recommended by the public, it must show that it has
considered public comment in its decision-making process.  Where
changes are made, the public should be informed of that fact. Where
the regulatory agency does not make suggested changes, it must explain
the technical, legal, or policy basis for not acceding to community
concerns.
Chapter 2: Basics
                                                     Pai>e 2-1

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What Makes a Good
Public Involvement
Program?
Why Bother With
Public Involvement?
Building a Useful
Program
The goal of a public involvement program is to allow members of the
community to have an active voice in the RCRA decision-making
process. Members of the community and the regulatory agency
be able to talk with one another openly and frankly about RCRA-
related issues, and to search for mutually agreeable solutions to
differences.

A good program anticipates the needs of community members to avoid
misunderstandings. It should create a situation in which the regulatory
agency is not always scrambling to fix problems, but is addressing issues
before they become problems. The program is effective because it is
composed of activities and information materials that meet the needs
and communication practices of specific community members and
subgroups to whom it is directed.

Discovering those needs and designing an effective program takes
planning. A good program is based on a solid planning effort and
faithful follow through on information gained in the planning effort.
There are at least three reasons to do RCRA public involvement: it is
required by the Act and regulations; it works; and, if it is not done, the
project may falter.  Experience has shown that RCRA actions and
decisions  often benefit from public involvement The decisions may
gain breadth not provided by technical staff alone.
RCRA actions are more likely to be accepted and supported by
community members who can see that they have had an active role in
shaping the decision. Legitimizing community issues by acknowledging
community members' right to be heard is the first step in community
participation.  Showing community members that the regulatory agency
is willing to address their concerns will establish the foundation for
improved understanding and community involvement in the process,
even if members of the public do not always agree  with the outcome of
that process.  Conversely, a good technical decision that has not
involved community members in the process may be rejected by public
opinion and appealed in court

Using public involvement resources effectively must involve focusing
resources to give the highest degree of satisfaction possible to members
of the community. Remember, by planning early in the RCRA process
and ensuring that the public involvement activities  undertaken at a
facility meet the public's needs, the regulatory agency can save time and
money and avoid public frustration.
Chapter 2: Basics
                                                        Page 2-2

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Promoting
Environmental
Equity Through
Public Involvement
                              How do you build a useful public involvement program?  How do you
                              know what will work at a particular facility?  This chapter looks  at the
                              components of a successful program and outlines how to use limited
                              time and resources to the greatest advantage. The chapters that follow
                              will explain  in detail where public involvement activities fit into  the
                              permitting process in general, as well as a permit's or administrative
                              order's schedule for corrective action.
What is  Environmental
Equity?
Addressing
Environmental Equity
in Your Public
Involvement Program
Environmental equity refers to the equal distribution of environmental
risks across socioeconomic and racial groups.  There is increasing
concern, both inside and outside of EPA, that low-income and racial
minority communities may be subject to a disproportionately high level
of environmental risk.  Because many hazardous waste facilities are
located near low-income and racial minority communities, these
communities are often burdened with a high level of environmental risk
from multiple sources. Certain sociological factors, such as poor
nutrition and limited access to health care may make residents of these
communities even more susceptible to the health effects of
environmental hazards.

Ensuring environmental equity for all U.S. residents is a major priority
for EPA. In March 1990,  EPA formed an environmental equity
workgroup to assess claims concerning discriminatory hazardous waste
facility siting practices and to ensure that "no segment of the
population bears  a disproportionate risk burden"  from a permitted
facility.

When conducting public involvement in low-income or racial minority
communities, be sensitive to issues of environmental equity.  There are
a few basic public involvement activities that can  help ensure that  the
community's  equity  concerns are met.

•    Provide interpreters, if needed, for public meetings.
     Communicating with  the commum.y in  its language is essential tor
     the two-way information flow required to ensure the public an
     equitable voice in RCRA public involvement activities.
                                                *
•    Provide multilingual fact sheets and other information.  Be  sure
     that the materials presented to the public are  written clearly  in
     the community's primary language.
Chapter 2:  Basics
                                                         Page 2-3

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Making Public
Involvement
Beneficial for the
Public and Easy  to
Deliver
•    Identify internal channels of communication that the community
     relies upon for its information, especially those reaching the
     community in its own language. Examples of these "channels"
     are a particular radio show or station, local television station or
     foreign language newspaper, or even influential religious leaders.
     By identifying and making use of these valuable information
     sources, you can be sure that the information that you want to
     publicize reaches its target audience.

•    Encourage the formation of a community advisory panel to serve
     as the voice of the community.  Such panels can provide an
     effective way to  engender the affected community with a sense of
     meaningful participation and empowerment.

•    Tailor your public involvement program to the specific needs of
     the community.  Developing a program that specifically addresses
     the community's needs will demonstrate to community members
     EPA's interest in achieving environmental equity  and foster a
     sense of cooperation.

(Additional techniques are given later in this chapter under Steps One,
Two, and Three and in Chapters 3 and 4 under the Additional Activities
sections for various permit situations).

Careful planning for public involvement will yield the same result as
careful planning for technical activities —  an effective, efficient
program. Do not wait until there is a pressing  need for public
interaction before starting to plan and conduct  a program.  If a
program starts from a solid, well-planned  foundation, valuable time and
tax dollars are saved in the long run.

Start early.  The time spent setting up .a public  involvement program is
the most important time that can  be "spent.  External pressure to start
public involvement work may not be  present at the  outset of a project,
because members of the public may be unaware of the facility and its
operations and the regulatory agency's activities. This is the perfect
time to do public involvement planning.  Putting in some hours at the
beginning of a RCRA project (whether it is a permit or an
administrative order), can save a tremendous amount of time and
anxiety later on.  There are three basic steps for developing a public
involvement program fjr ฐCRA facilities:

•    Step One:   Coordinate with  management  to assess different
     RCRA facilities and allocate public  involvement program
     resources where they are needed most.
Chapter 2: Basics
                                                          Page 2-4

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Step One:  How to
Assess  RCRA
Facilities for Public
Involvement
Purposes
•    Step Two:  Plan program activities carefully to meet the specific
     needs of members of particular communities and subgroups
     around each facility.

•    Step Three: Implement the public involvement program and
     adjust it as necessary during the RCRA process.

Not all RCRA facilities will require the same degree of public
involvement  attention. Some RCRA actions may not generate much
interest or concern  among community members and the minimum
activities  required by regulation will be sufficient to address the
community members' needs. Other RCRA activities may evoke strong
community interest and will require a much greater public involvement
effort

There are several criteria to judge the current and potential levels of
community interest in a facility, and hence the amount of attention to
devote to public involvement:

•    The type of RCRA action and its implications for public health
     and welfare;

•    Current relationships among members of the community, the
     facility, and the regulatory agency or agencies involved; and
•    The larger context in which the  RCRA action is taking place.
     including the political situation,  economics, and important
     community issues.

There are no hard and fast rules that make a facility a low- or high-
profile facility.  Each community's characteristics must be taken  into
account when deciding the level of attention to give the facility.  Keep
in mind, though,  that the level of interest regarding the facility may
change over  time. A facility in which interest is low can become a
high-profile facility  overnight if the situation at the facility changes
(e.g., there is an accident), or members of the community become
frustrated because their need for information and participation is not
being met

This chapter will guide you through collecting the information needed
to assess  the current situation at a RCRA facility and the potential for
change in that situation.  Use Exhibit 2-1  as a guide to determining
whether a facility is likely to be of low, moderate, or high interest to
the  community.  The table examines the type of RCRA action to take
place, the community member relationships with the facility and
regulatory agency, and the larger socioeconomic and political context m
the  community.
Chapter 2: Basics
                                                          Page 2-5

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  Fathering Data for
  our Assessment
At the outset of the project, some time must be spent gathering
background information about the community. Step-by-step
instructions for information-gathering activities can be found  in
Chapter 5 of this manual.

You can gather information using a combination of methods:

•    Reviewing regulatory agency files on the facility, including news
     clippings;

•    Talking to colleagues who have had experience working with
     members of the community; and

•    Conducting community interviews (by telephone or in person)
     with  a broad range of community members such as special interest
     groups, people who live nearest the facility, and anyone else who
     may  be affected by or has expressed some interest in the facility.

At a minimum, you should review your regulatory agency's flies to get
an initial impression of community interests and concerns, and then
confirm that impression by talking with colleagues who have worked
with members  of this community (on this or other projects).  You may
also want  to contact community leaders to talk about the facility and
the planned RCRA action.   File reports can never be as accurate as
conversations with community members themselves.  Newspaper
clippings can give you part of the story, but probably will not give you
both sides of the story.  Note,  however, that you should use discretion
in contacting community leaders, and you may want to check with your
supervisor first.  (A detailed discussion of how to conduct community
interviews is provided in Chapter 5.)  At this point, you may have a
good idea of the level of attention the facility requires.  If you decide
that there is a low level of interest in the facility, and things are not
likely to change, you can begin to plan your required public involve-
ment activities.

If, however, you believe that the facility shows indications of being a
moderate  to high interest level facility, you will need to do a more
detailed analysis of the community. You should begin by conducting
interviews with at least one representative of each of your major
community groups (e.g., facility neighbors and elected officials).  If
there are  indications of.like'y high interest from the outset (e.g.. you
are permitting a new incinerator in a densely populated area), you
should conduct a full set of community interviews with as many
individuals as possible, including all of the facility's immediate neigh-
bors, representatives from other agencies that will deal  with the RCRA
action, environmental organizations, and any individuals who  have
expressed  interest in the facility.
Chapter 2: Basics
                                                            Page 2-7

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Step Two:  How to
Plan a Public
Involvement
Program

Identify Activities to
Use in Your Program
Identify Your Public
Involvement
Responsibilities and
Resources and Plan
Accordingly
After you have collected the necessary information, write a brief
summary of major community concerns and issues (no more than five
pages). The summary can be integrated into your public involvement
plan document.  (See Chapter 5 for additional  information on these
activities and summary.)

Exhibit 2-2 on the following page summarizes the steps to take in
ranking facilities and gathering background information.

Rely on the background information gathered in community assessment
interviews and documented in the summary of major community
issues and concerns  to form the basis for a public involvement
program.
The goal of your public participation activities is to meet the specific
needs of members of the community by creating a structure for
information flow both to  and from the public.

To identify activities for your program, go through the following steps:

•    List the major community issues and concerns individually;

•    List the characteristics of the community that will have a  bearing
     on how you address these issues; and

•    List activities that you will plan and implement to address
     community concerns.

Once you have outlined your public involvement activities for the
facility, put together a strategy for how they will be implemented.  You
need to be aware of the personnel and informational resources
available to you and know how to use them. Expanded public
involvement programs will demand greater resources and require more
creativity in using limited resources.  Exhibit 2-3 identifies people who
can help you with your program.

In general, these are the  areas of responsibility for public involvement
you need to consider:

•    Interacting with the media, especially on high-profile facilities.
     If there is a high degree of  interest  in your RCRA facility, it will
     be important to have a media contact person who can get
     information out quickly,  accurately,  and consistently. Someone in
     the public affairs office may be able to take on media contact
     responsibilities. Their assistance is often required.
Chapter 2: Basics
                                                         Page 2-8

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                                          Exhibit 2-2
               Steps in Evaluating Facilities and Gathering Information

  Checklist
      Step 1:  Review the RCRA Action

      Is it:

      D   Likely to be a controversial action (e.g., permitting an incinerator)
      D   Unlikely to be a controversial action

      Step 2:  Talk to colleagues who have worked in this community about their
              interactions with members of the public

      •    Has there been a large degree of public interest or concern about other projects?
      •    Have members of the public shown confidence in the regulatory agency?

      Step 3:  Review regulatory agency files on the facility

      Are there:

      D   A lot of inquiries from members of the public
           Major concern(s)
           Any organized groups?
      D   Few inquiries from members of the public
      D   Clippings from newspapers or other media coverage

      Step 4:  Formulate your preliminary impression of the community based on the above information


      Step 5:  Talk with several key community leaders to confirm your impression

      People  to interview:
       1.
       2.
       3.
      Step 6:  Determine the anticipated level of community interest based on the above information

      D   Low (go to Step 7)
      n   Moderate (next step: conduct additional community interviews with one member of each
           community subgroup)
      D   High (next step: conduct a full set of community assessment interviews)

      Step 7:  Write a brief summary of any major community concerns I issues
Chapter 2: Basics                                                                           page 2-9

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                                                   Exhibit 2-3
                                           Identifying Resources
        Developing an effective public involvement program involves assessing who within  the regulatory agency or elsewhere
  could provide support on public involvement activities and where to obtain information.  Most Regions have one person
  assigned as the public involvement coordinator (PIC). The PIC serves as a liaison between community members and permit
  writers, enforcement personnel (both EPA and state), facility owners and operators, and  other appropnate individuals or
  groups in implementing public involvement activities.  The PIC oversees the implementation of an overall public involvement
  program. He or she may handle logistics for public meetings, develop and maintain mailing lists, and review and/or help
  prepare news releases,  fact sheets, and informational materials.
        Other individuals who may be able to assist with public involvement activities include:
        Other EPA Staff - Other members of the EPA Regional technical, legal, public affairs, project officer, or permit writer
  staffs are also valuable resources. It is essential that these staff coordinate their efforts.  They can provide technical assess-
  ments of the facility for release to the public or provide information relative to permitting issues and aspects of enforcement,
  compliance, and corrective action activities developed for the facility.  Graphic designers,  typesetters, and other support staff
  you can help you  with your program. In addition, community relations coordinators who work on CERCLA in your office
  and have sites in the same community could  take care of some of your activities, or at least provide you with valuable advice.
        State Personnel - For the states that are authorized to implement  RCRA regulations, most of the public involvement
  responsibilities listed for EPA staff will be assumed by state  personnel.  Regardless of their authorization status though, states
  are expected to play an active role in the development and implementation of public involvement  programs.  For example,
  state regulatory agencies can serve a supportive role  by providing EPA with information such as names for inclusion on a
  mailing list, background information on a facility's history, and community attitudes toward the facility.
        The Facility - Even though it is essential to clarify that oversight of the permitting and enforcement processes is the
  sole responsibility of the regulatory agency, facility owners or operators also may be a resource in  conducting public
  involvement activities.  Public education activities may be initiated by the  facility and should actually be encouraged,
  particularly when  resources are limited. See  Appendix 1 for more information about  the role facilities can play in public
  involvement programs.
        Contractors - Public involvement contractors who work for your regulatory agency can provide support  by conducting
  some of the more time-consuming activities, such as  community interviews or logistics for public meetings.
        If There's No One Who Can  Help - You may be the only person available to conduct public involvement activities, in
  which  case you need to estimate your level of effort carefully so that you can choose the activities that will give you and
  members of the public the most  benefit  You need to consider your schedule as well, and plan activities so that they
  complement your technical schedule and leave you time to conduct appropnate  public involvement.
  Additional Sources of Assistance
        Information Resources - Each EPA Regional office should have informational materials available to help plan public
  involvement strategies and assist in assessing a community's  needs and in implementing responsive activities.  PIGs should be
  able to guide you to specific manuals, guidance documents, and memoranda that elaborate on regulations and principles of
  public involvement and give helpful  tips on implementing successful programs. For example, the three-volume RCRA Public
  Involvement Reference  Catalog (September 1990) is a repository of materials from which readers can gather ideas and
  information concerning the RCRA program and  RCRA public involvement. You may also want to research public
  involvement materials for other EPA programs, such as Superfund,  to gather ideas that may be useful in dealing with your
  unique community situation at a RCRA facility.           „
        Training - Training is generally available for staff in a variety of areas, including public involvement, community
  relations, nsk communication, and community outreach.  If  training specific to the RCRA program  is not available, you can
  easily adapt community outreach activities used in other programs to your RCRA situation. The techniques and methods
  used for RCRA public involvement programs - such as public meetings, fact sheets, and information repositories - are also
  used in other programs.
        There also are ready-made resources available for you to use in your public involvement program. EPA has developed
  fact sheet templates for RCRA actions, standardized posterboards, and other information materials to save you time in
  developing public involvement information.  A full list of available materials is provided in Appendix 3.
Chapter 2: Basics                                                                                          Page 2-10

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                                     Interacting with elected officials.  On facilities with a moderate to
                                     high level of interest, it is also important to work with elected
                                     officials to provide them with information they need to answer
                                     their constituents' questions and prevent the facility from
                                     becoming a political issue unnecessarily together a team of people
                                     who can fill the information needs of public officials, including
                                     yourself and a senior-level manager who can answer policy
                                     questions when necessary.

                                     Interacting with the general public by answering telephone and
                                     written inquiries.  It is important to follow up on all requests for
                                     information that you receive from members of the public.
                                     Designate one person  to be responsible for putting together the
                                     answers to questions in a form that is understandable to  the
                                     public.  This "contact person" should be named in all fact sheets
                                     and public notices.

                                     Coordinating public involvement with regulatory agency staff.
                                     both within your regulatory agency and among agencies. It is
                                     crucial that all the  people who are working on public involvement
                                     be aware of what activities are being planned for the facility and
                                     any other facilities  in the area, so that activities  do not conflict
                                     with each other.

                                     Maintaining the mailing list and information repositories.  A
                                     mailing list is required under RCRA and should be updated to
                                     include new people or organizations who have expressed an
                                     interest in the facility.  If public information  repositories are
                                     established for the  facility, they should be updated at least
                                     quarterly.

                                     Handling logistics  for public meetings.  Meeting set-up  and
                                     coordination is critical to the success of your public meetings.
                                     Support staff can help with meeting planning, but the PIC needs
                                     to supervise  the arrangements.

                                     Handling production/distribution/placement of information.
                                     including fact sheets, public notices,  news releases, meeting
                                     handouts and overheads, etc. The majority of your public
                                     involvement time will be spent developing and producing
                                     infr r^ation for members of the  public. There are resources listed
                                     in Appendix 3 that can make  fact sheet and information
                                     production much easier for you.
Chapter 2: Basics                                                                           Page 2-I1

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Set  a Schedule that
Corresponds to
Community Needs and
Your Technical
Schedule
Put Together a Written
Plan for the  Public
Involvement Program
That Describes the
Activities You Will
Implement
In general, the timing of public participation activities should
correspond to the completion of major steps in the technical process
(e.g., holding a public meeting after you have issued a draft permit or
issuing a fact sheet about results of a corrective action RCRA Facility
Investigation).  These are the times when members of the public may
have new questions or concerns about the proposed action or the
facility in light of new information that has been released, especially
during corrective action.  A step-by-step discussion of how to time
public involvement activities during permitting and corrective action is
provided in Chapter 4.

Having a plan down on paper can help you organize and assign public
involvement tasks and legitimize the time you spend on the public
involvement process with your managers.  One reason for putting
together -a written plan is to make sure that you provide for all the
required RCRA public involvement activities.  In  addition, you can
outline other activities if more than the minimum is necessary at a
particular facility.  At a minimum, a plan should include a list of the
specific public involvement activities for the facility and a schedule for
when they will be conducted.
                              A written plan can vary from an internal document of a few pages in
                              length to a formal public involvement plan that is available to members
                              of the community.  Once again, the level of detail will depend on the
                              nature of your facility. For any facilities that are high-profile  or have
                              the potential to become  high-profile facilities, you should prepare a  full
                              public involvement plan. For other facilities, a less detailed plan may
                              be adequate.
                                                               rs 	
                              The plan should provide all the specific information necessary to carry
                              out the public involvement program. It can be distributed outside the
                              regulatory agency to members of the public (e.g., by placing a copy in
                              the public library), so that community members can see how the public
                              participation process has been formalized.  You also can use the plan
                              to familiarize new project members with the community.

                              Your public involvement plan document should include the following
                              sections.
                                   Executive Summary
                                   Introduction/Overview
                                   Facility History
                                   The RCRA Action
                                   Results of Community Interviews
                                   Public Involvement Program Activities and Schedule
                                                                                             i
Chapter 2: Basics
                                                         Page 2-12

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Step  Three:  How to
Implement a Public
Involvement
Program

Establish an Open
Relationship With
Members of the
Community
Appendices

•    List of Key Contacts
•    Information on Meeting Locations and Possible Information
     Repository Locations

Chapter 5 discusses in detail how to put together a public involvement
plan.

The discussion below provides some general tips for creating a
successful public involvement program.
Establishing an open relationship with community members begins with
acknowledging that the community plays an important role in the
RCRA process. Community members around a RCRA facility have a
vested interest in what happens at the facility.  That facility has the
potential to affect, directly or indirectly, their health, their jobs, and
their homes. By working with community members, you can make
improvements to  the RCRA action that will make the facility more
acceptable to the public.

Open relationships also require that you respect a community member's
concerns.  Remember that you are a RCRA expert, but most of the
community will be unfamiliar with the regulatory and technical pro-
cesses and the jargon that regulatory agencies and facilities use.
Talking in plain terms, even if it takes a little more time to explain.
helps.  Do not assume that a community member understands you --
make sure to check with the person by asking.

Some of the community's concerns may be based on a misinterpretation
of facts; it is your job to find the  root of the concern and provide com-
munity members with the information that is relevant for them.  If a
community member disagrees with the regulatory agency's actions, try
to see the  situation  from his or her point of view. Remember that a
community member's anger is not directed at you personally, and taking
concerns personally can lead to an adversarial relationship with the
community rather than an open one. Community members may
interpret an adversarial attitude as a sign that you are not being honest
with them  or are  not telling them everything, which can cause
communications to break down completely.  This does not mean that
you should tell community members only what you think  they want to
hear.  Even if your information is not "good news" for the community.
they will appreciate your honest answers to their questions and will
come to trust your information.
Chapter 2:  Basics
                                                       Page 2-13

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Begin Implementation
Early
Re-evaluate and Adjust
Your Program
Making yourself available is also important. Try to establish regular
contacts with key community leaders, such as the mayor or city council
members, the heads of civic organizations or community groups, or
someone else whose opinion is respected by the rest of the community
or who has a particular interest in the facility.  In addition, you can give
community members your address and telephone number so they can
contact you if they have questions.  Include this information on the fact
sheets or other mailings you send out to the community.

The advantages of starting your public involvement work early cannot
be overstated. The earlier the public hears from you about the RCRA
activity, the less likelihood there is for misinformation or mistrust to
develop.

As RCRA activity increases at a facility and becomes more visible.
public interest in a site  can increase exponentially.  It is important to
anticipate and plan for sudden changes in the level of interest in a
facility.  Periodic communication with key contacts can help you
anticipate change in the community's attitudes or interest.  Make sure
to keep key contacts informed of planned activities at the facility that
could be visible to members of the community, such as construction
work or excavation.

In addition, you may want to conduct follow-up community interviews
at a key point in the decision-making process, to help you predict any
major shift  in public interest or concern.

Evaluate your effectiveness as you go along and pinpoint things that
need changing in your public involvement program.  The public
involvement process is complex, and how you measure success may not
be entirely  clear to you. Does a successful program mean that all
members of the public agree with your position?  That you are not
receiving any complaints about the RCRA action?

Some indicators that your public involvement program is working
include:

•    You are not receiving the same questions over and over again
     from the public;

•    Inquiries are being handled by the appropriate person (or perple)
     in a timely manner;

•    You are not spending most of your public involvement time trying
     to correct problems between members of the community and  the
     regulatory agency or facility;

•    The channels of communication are well-defined and open;
Chapter 2: Basics
                                                         Page 2-14

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                               •     Members of the public are providing informed comments on the
                                    project to the regulatory agency that are based on technical merit
                                    and not emotional appeals or sensationalism; and

                               •     Members of the public are bringing concerns to you first, rather
                                    than taking them directly to the press or elected officials.

                               If the above descriptions do not fit your program, you need to assess
                               the techniques you have used to involve members of the public and
                               determine what needs to be added to, changed, or subtracted from your
                               program. If members of the community are dissatisfied, your activities
                               may not be  reaching the right target audiences or your information may
                               not be written at a level that community members can understand.
                               You  may also need to provide more detailed information.  The best
                               way to find  out what needs to be changed is to talk to community
                               representatives and ask them what is working and what they think
                               could be improved. Modify your activities based on their suggestions
                               and your own time limitations.
Chapter 2: Basics                                                                         Page 2-15

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                                     Chapter Summary

      The goal of a RCRA public involvement program is to establish two-way communication with
      the public.

      A good public involvement program will help, not hinder, your project's progress.

      A good public involvement program is based on solid planning.

      The three steps in RCRA public involvement work are:

      1.       Assessing facilities to give the most time where needed
      2.       Planning the public involvement program
      3.       Implementing and re-adjusting program activities

      You can  assess your facilities by:

      1.       The type of RCRA action
      2.       Community members' relationships with the facility and the regulatory agency
      3.       The larger socioeconomic and political context in the community

      You can  gather background information for the assessment by combining these methods:

      1.       Reviewing regulatory agency files
      2.       Talking with colleagues who have  experience with specific community members
      3.       Interviewing several key community leaders
      4.       Conducting community assessment interviews with a wider cross-section of community
               members

      You can  plan your public involvement program by:

      1.       Identifying appropriate activities to meet community needs
      2.       Identifying public involvement responsibilities and assigning them to specific people
      3.       Setting a public involvement schedule that will correspond to community needs and
               technical milestones
      4.       Putting together a written public involvement plan

      You can  implement your program activities successfully by:

      1.       Establishing an open relationship with members of the community
      2.       Beginning implementation early
      3.       Re evaluating and adjusting the program as you go along
                                                                                               i
Chapter 2: Basics                                                                         Page 2-16

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 Public  Involvement  During  the
 RCRA Permitting Process
 Introduction
r
  The Classifieds
  Pufattc Notice: The Q A A facility Is
  seeking a permrt to store hazardous
  waste at the facility for up to one
  year under the authority of the
  Federal Resource Conservation
  and Recovery Act (RCRA).  The
  draft permit Is available for review
  at the public library between 10am
  and 4pm. M-F. Your comments wซ
  be accepted from December 1.
  1992 to February 14.1993. and may
  be sent to Don Danieta. U.S. EPA
  Region 4.345 Courttand Street. N.E.
  Atlanta. GA 30365
The previous chapter examined the importance of public involvement
and the critical components of building a successful public  involvement
program.  This chapter describes required and recommended public
involvement activities during each phase of the RCRA permitting
process, beginning with the review of the RCRA Part B permit
application and continuing through the preparation of draft and final
permit decisions. The chapter also addresses codified and  optional
public involvement activities associated with permit modifications
initiated after permit issuance.

Section 7004(b)(l) of RCRA and EPA regulations on procedures for
decision-making, which are detailed in 40 CFR Part 124 and 40 CFR
270.42, form the foundation for mandatory public involvement activities
during the permitting process for both operating and post-closure
permits.  Even operating permits, however, address closure and often
post-closure care.  In fact, Subpart G of 40 CFR Part 264  explicitly
requires that closure and post-closure plans be submitted with the
permit application in accordance with 40 CFR 270.l4(b)(l3) and
approved  by the regulatory agency as part of the permit issuance
procedures under 40 CFR Part 124. In addition, both operating and
post-closure permits  may include schedules of compliance  for corrective
action, where such action can not be completed prior to permit
issuance.  As described in Chapter 1, such corrective action may have
been initiated under a ง3008(h) administrative order or other
enforcement order.
There will often be situations where the regulatory agency needs to go
beyond the required activities detailed in 40 CFR Parts 124 and 270.
You should discover early in the permitting process the makeup of rhe
community, the issues that concern it most, and the most appropriate
means of communicating with a broad cross-section of the community.
If there is active community interest and sufficient resources are
available, you may want to consider using the additional public
involvement activities  described here. You may also want to ask the
facility to conduct some of the expanded public involvement activities.
Using this approach, which is discussed in Appendix 1, the facility may
  Chapter 3:  RCRA Permitting
                                                     Page J-l

-------
Public Involvement
During the  Permit
Decision Process
Step One:  Submission
and Review of Permit
Application
foster trust in the community, the public's concerns may be more
effectively addressed, and the permitting process may go more
smoothly.

Operating conditions, closure, post-closure care, and corrective action
are all potential issues of concern to the public during the permitting
process. Public involvement activities associated with operating
facilities, closure, and post-closure decision-making, including closure at
interim status facilities that have not received their permits, are
highlighted in this chapter.  Given recently proposed changes to the
regulatory framework for implementing corrective action and the
likelihood of public interest in corrective action activities,  this guidance
dedicates Chapter 4 to addressing public involvement during the RCRA
corrective action process.

The remainder of this chapter presents a detailed discussion of public
involvement activities that are required during the permitting process.
It also identifies optional activities to enhance the public involvement
program.  The optional activities described here are not meant to
comprise an exhaustive list,  nor are  the activities necessarily
appropriate only in the phases of the process where they are described.
Using this chapter as a guide, you can be creative in your planning by
matching the phase of the process and the level of community concern
with the most suitable and productive activities. Please refer to
Chapter 5 for detailed descriptions and instructions on how to conduct
each type  of public involvement activity that is mentioned in this
chapter.

The permit decision process can be  divided into three key steps:

•    Step One: Receipt and Review of Permit Application
•    Step Two: Preparation of Draft Permit or Decision  to Deny and
     Public Comment Period
•    Step Three:  Final  Permit Decision

We examine these steps individually and discuss the required and
recommended activities for each one. Refer to Chapter 5 for specific
details about the activities listed here. Exhibit 3-1 provides a flow chart
that illustrates  the relationship between  the  permitting process and
public involvement activities."

Required Activities

Owners or operators of  facilities subject to RCRA permitting
requirements must submit a comprehensive permit application covenn
all aspects of the design, operation, maintenance, and closure of their
facility.
Chapter 3: RCRA Permitting
                                                           Page 3-2

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                               At the time the facility owner or operator submits the permit
                               application, the regulatory agency must assemble a mailing list.  The
                               list serves as an important communication tool to allow the regulatory
                               agency to reach interested members of the public with announcements
                               of meetings, hearings, events, and available reports and documents.
                               Consult with local community organizations, neighborhood associations,
                               local and state agencies, the facility, and other sources in the
                               community to compile the mailing list.

                               Additional Activities

                               The level of public involvement activities should correspond to the
                               potential level of community interest in the permitting process. To
                               determine the need for additional activities, you should consider
                               conducting a community assessment If the level of interest is high,
                               you will want to do a more thorough needs assessment and prepare a
                               formal public involvement plan. You will need to plan for public
                               involvement, even if you simply lay out a rudimentary schedule for
                               required activities.  Chapter 2 provides guidance on  conducting these
                               assessments.

                               Other activities that may be warranted at this stage include releasing an
                               introductory notice to alert  the community that a RCRA action is
                               being considered, establishing an information repository,  anU
                               distributing a fact sheet through the mailing list.  All of these activities
                               provide the community with information on the facility and the RCRA
                               process early in the game, which can lead to greater cooperation  and
                               understanding later.

                               Remember that the permit review process is often lengthy.  It may take
                               anywhere from one to five years to issue a permit, depending on  the
                               facility type and level of facility owner or operator cooperation.  If the
                               community appears to need interaction with the regulatory agency and
                               the facility throughout this process, and you have available resources,
                               you should plan activities during that time to keep citizens informed
                               about the status of the process. Holding workshops and conducting
                               informal meetings about the facility and the RCRA permit process can
                               educate  the community and keep it involved in the process.  Be sure to
                               identify a'contact person to accept comments and answer questions
                               from the community during  the long submission and review process.
                               This shows  the regulatory agency's availability and willingness to talk
                               with the community about its concerns and questions. You can
                               advertise the contact person's name and phone number through the
                               mailing list.

                               Getting  as much input from the community as possible during these
                               initial phases of the RCRA permitting process and before a draft
                               permit is issued will be very useful when writing the draft permit.  The
Chapter 3: RCRA Permitting                                                                 Page 3-4

-------
                                 draft permit will be more responsive to the needs and concerns of the
                                 community, and the community will be more likely to accept the permit
                                 conditions if it sees that its concerns have been heard.
Step Two:  Preparation
of Draft Permit or
Decision  to Deny and
Public Comment
Period
Required Activities

After receiving and reviewing the complete permit application, the
regulatory agency decides either to deny the permit application or
prepare a draft permit for the facility, which includes technical
requirements, possible corrective action schedules of compliance,1 and
other conditions  relevant to the operation of the facility.  As discussed
earlier in this section, you should consider-the community input you get
in the initial stages of the permitting process when preparing the draft
permit decision so that it responds  to the community's needs and
concerns.  If a draft permit is prepared for a facility, you must release it
to the public for review and give formal public notice that it is
available for the  public's review and comment.  You must also notify
the public if the  regulatory agency  plans to deny a permit application.
Notice in both cases must be published in a major local newspaper and
broadcast over local radio stations.   Notice must also be sent to all
persons on the mailing list

In addition, you must prepare a fact sheet or statement of basis to
accompany the draft permit or the  notice of intent to deny the permit.
A fact sheet should summarize the significant factual and legal bases
for the draft permit decision.  The  regulatory requirements for a
statement of basis are fairly similar to those for a fact sheet, although
the statement of basis typically does not contain a comparable level  of
detail. A statement of basis is often used  to explain the reasons for
denying the permit, but a fact sheet also can be used for this purpose.

A 45-day public  comment period on the draft permit or notice of
intent to deny the permit follows publication of the public notice.  The
     Prior to issuing a draft permit decision, the regulatory agency typically conducts a RCRA Facility Assessment (RFA) to
     identify all solid waste management units (SWMUs) and the potential for release of hazardous waste or hazardous
     constituents at a RCRA facility.  The RFA represents the first stage of the corrective action process and provides initial
     information on whether corrective action will be a significant issue for the facility. If the RFA indicates a release of
     hazardous waste or hazardous constituents has occurred, is likely to have occurred, or, based on site-specific circumstances.
     is likely to occur, from a SWMU, the regulatory agency may require in the permit schedule of-compliance (or through an
     order) that the facility investigate and characterize the SWMU and its releases in a subsequent RCRA Facility Investigation
     (RFI). The proposed Subpart S corrective action rule (55 FR 30798, July 27, 1990) outlines public involvement activities
     that may be required, following promulgation, during the RFI and subsequent phases of the corrective action process.
     Chapter 4 discusses specific public involvement activities recommended for these post-RFA corrective action activities.
Chapter 3:  RCRA Permitting
                                                               Page 3-5

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Step Three:  Final
Permit Decision
comment period provides the public with an opportunity to comment,
in writing, on conditions contained in the draft permit or in the notice
of intent to deny the permit. If information submitted during the initial
comment period appears to raise substantial new questions concerning
the draft permit decision, the regulatory agency should re-open or
extend the comment period.

Finally, the commenters have the opportunity to request a public
hearing on the draft permit decision.  If requested, you must hold a •
public  hearing and provide 30-day advance notice to the community
concerning the time and place of the hearing.  In addition, you can
schedule a public meeting or hearing even if the community does not
request one.  (Note that a hearing is a formal event requiring a hearing
officer, court reporter, and written transcript, while a meeting is less
formal with more opportunity for two-way communication.)  If you feel
that it  is essential  that you personally talk with the community to clarify
issues involving the permit, you should initiate  a meeting. In many
circumstances, scheduling a public meeting or hearing before the public
requests one saves valuable time in the permitting process and shows
your willingness to meet with the community and hear its questions and
concerns.  To streamline your efforts, you can give public notice of the
draft permit, the public comment period, and the public meeting or
hearing at the same time.

Additional Activities

In situations where a community wants more information about
potential operations at a facility and the health and environmental risks
of those operations, you may want to work with the facility to provide
facility tours and  observation decks during the public comment period
so that the community has a first-hand look at  a facility and the
operations and activities happening on-site.  (Note that safety and
liability issues need to be considered before a decision is made to
include these activities.) You may want to consider these activities for
a new  facility or when a facility proposes a new or different technology.
You may also want to think about doing these activities earlier in the
permitting process, such as when the draft permit is being written, so
that you can gather as much feedback from the community as possible
before going public with a draft permit. Other activities might include
conducting a news conference and hrlrJing informal meetings and
workshops.

Required Activities

After the public comment period closes, the regulatory agency reviews
and evaluates all written and oral comments and issues a final permit
decision.  You must send a notice of decision to the facility owner or
operator and any  persons who submitted public comments or requested
Chapter 3: RCRA Permitting
                                                           Page 3-6

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Public Involvement
When Permits  Are
Modified
notice of the final permit decision.  You must also prepare a written
response to comments that includes a summary of all significant
comments received during the public comment period and an
explanation of how they were addressed in the final permit decision or
why they were rejected. This summary shows the community that you
have considered its concerns when making your decision about the
permit.  Your response to comments must be made available through
the Administrative Record and the  information repository, if one was
established, and must be sent to the facility and all persons who
submitted comments or requested a copy of your response.

Additional Activities

If there was high interest during the comment period you may want to
issue a news release  and fact sheet when the decision is finalized to
inform a wide audience.

Over  time, a permitted facility may  need to modify its permit.  Just as
public involvement is a component of the  initial permit process, it is
also a part of the permit modification process. This section discusses
different kinds of permit modifications and their corresponding public
involvement requirements.  It is important to note that public
involvement responsibilities and activities vary depending on who
initiated the modification (e.g., the regulatory agency or the facility
owner or operator) and the degree  to which the modification would
change substantive provisions of the permit. No matter who initiates
the modification, when a modification is proposed, only those permit
conditions subject to modification are reopened for public comment.
Appendix 4 consists of an EPA fact sheet entitled  "Modifying RCRA
Permits," which provides more detail on permit modifications and
associated public involvement activities.

There are many reasons to modify a permit. In some" cases, the
regulatory agency may initiate a permit modification under 40 CFR
270.41.2 This section identifies three causes for which the regulatory
agency may require a permit modification: (1)  alterations or additions
to the permitted facility or activity;  (2) new information received by the
regulatory agency; or (3) new standards, regulations, or judicial
decisions affecting the human  health or environmental basis of a facility
permit.  In addition,  the regulatory  agency may modify a compliance
     40 CFR 124.5(a) allows any interested person to request in writing that the regulatory agency modify, revoke and reissue, or
     terminate a permit for reasons specified in 40 CFR 270.41 and 270.43. If the regulatory agency decides that the request :s
     justified, the regulatory agency will initiate the action.  If the regulatory agency decides the request is unjustified, the
     regulatory agency need only send the requestor a brief written response giving a reason for the decision. Denials of sucn
     requests for modification are not subject to public notice, comment, or hearings.
Chapter 3:  RCRA Permitting
                                                            Page 3-7

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When the Facility
Owner or Operator
Initiates a Modification
schedule in the permit.  Modifications initiated by the regulatory
agency are subject to the full 40 CFR  Part 124 permitting
requirements, as described earlier in this chapter.  Specifically, the
regulatory agency must
•    Issue public notice of the draft modification;
•    Prepare a fact sheet or statement of basis;
•    Announce a 45-day public comment period;
•    Hold a public hearing, if requested, with 30-day advance notice;
•    Issue notice of the final modification decision; and
•    Consider and respond to all significant comments.
More often, however, the facility owner or operator requests a  permit
modification to improve or make changes in operations in response to
new standards.  Facility-initiated modifications are categorized under 40
CFR 270.42 as Class 1, 2, or 3  according to how substantively they
change the original permit.  Class 1 modifications require the least
public involvement; Class 3, the most (see Exhibit 3-2). Like regulatory
agency-initiated modifications, a decision to grant or deny a Class 3
permit modification request is subject  to the permit issuance
procedures of 40 CFR Part 124.
Since facility owners or operators initiate modifications more often than
the regulatory agency, the remainder of this chapter lays out the
requirements for facility-initiated modifications.  The regulatory agency
is also encouraged to use these public involvement activities, even if
not required under a regulatory agency-initiated modification.

When a facility owner or operator wants to change a RCRA permit, he
or she informs the regulatory agency and interested members of the
public, either before making the change if it is substantive (Class 2
or 3), or soon after (with a few exceptions), if the change is minor
(Class  1). In any case, this is relatively earfy notification for the public.
who often perceive that RCRA actions are "done deals" by the time
public comment is solicited.
The facility owner or operator is responsible for conducting most of the
public involvement for modifications he or she initiates, saving  the
regulatory agency time and money.  In addition, the facility, rather than
the regulatory agency, bears the ^burden of explaining and defending its
actions to the public.  To ensure that  the facility's public involvement
efforts are successful,  you should find  out whether the facility owner or
operator knows  how to conduct the required activities, and  provide
guidance and assistance if needed. This guidance manual could help
serve that purpose. In addition.  Appendix 1  discusses  how facilities can
assist in conducting public involvement activities.
Chapter 3: RCRA Permitting
                                                            Page 3-8

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                                                  Exhibit  3-2
    Public  Involvement Requirements  for Class  1, 2,  and  3  Permit Modifications

  Class 1
        Type of Change^	

        Routine and administrative changes

        Required Activities

        Within 90 days of implementing a change, facility must notify all panics on mailing list.

  Class 2

        Type of Changes

        Improvements in technology and management techniques

        Required Activities

        Day 1: Regulatory agency receives modification request.
        Day 7: Facility publishes newspaper notice, notifies mailing  list, and places copy of permit modification request and
        supporting documents in accessible location.
        Days 15-45:  Facility holds public meeting.
        Day 60:  Written public comments due to regulatory agency.
        Day 90:  Regulatory agency response to modification request due, including response to written comments.  Deadline
        may be extended 30 days.
        Day 120: If regulatory agency has not responded, requested activity may begin for  180 days under an automatic
        authorization.
        Day 250: If regulatory agency still has not responded, facility notifies public that authorization will become permanent
        unless regulatory agency responds within 50 days.
        Day 300: If regulatory agency has not responded, activity is permanently authorized.

        Regulatory agency must notify mailing list within 10 days of any decision to grant or deny modification request, or after
        an automatic authorization goes into effect.

  Class 3

        Type of Changes

        Major changes  to a facility and its operations

        Required Activities

        Day 1: Regulatory agency receives modification request.
        Day 7: Facility publishes newspaper notice, notifies mailing  list, and places copy of the permit modification request and
        supporting documents in an accessible location.
        Days 15-45:  Facility holds public meeting.
        Day 60:  Written public comments due to regulatory agency.

        After the conclusion of the 60-day comment period, the regulatory agency must  grant or deny the permit modification
        request according to the permit modification procedures of 40 CFR Part 124. These include:

        •  Issuing public notice of the draft permit modification or intent to deny the modi'ication;
        •  Preparing a fact sheet or statement of basis;
        •  Announcing a 45-day public comment period;
        •  Holding a public  hearing, if requested, with a 30-day advance notice;
        •  Considering and responding to all significant written  and oral comments received durjng the 45-day comment period:
          and
        •  Issuing notice of  the final permit modification.

        In addition, the regulatory agency must consider and respond to all significant written comments received during  the
        60-day comment period.
Chapter 3:  RCRA Permitting                                                                              Page 3-9

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Class 1 Modifications
Class 2 Modifications
Class 1 modifications address routine and administrative changes,
including updating, replacing, or relocating emergency equipment;
updating certain types of schedules identified in the permit; improving
monitoring, inspection, recordkeeping, or reporting procedures; and
updating sampling and analytical methods to conform with revised
regulatory agency guidance or regulations. They do not substantively
alter the conditions in the permit or reduce the facility's ability to
protect human health and the environment. With a few exceptions,
most Class 1 modifications do not require approval from the regulatory
agency before they are implemented. (The exceptions are listed in
Appendix I to 40 CFR 270.41)

The only public involvement requirement for Class 1 modifications is
that within 90 days of implementing a change, a facility must notify
the public by sending a notice to ail parties on the mailing list
compiled by the regulatory agency.  The facility is responsible for
obtaining from the regulatory agency a complete facility mailing  list.
(For more information on mailing lists see Chapter 5.) Any member of
the public may ask the regulatory agency to review a Class  1
modification.

Class 2 modifications include those changes that are necessary to
enable a facility to respond to changes in the types and quantities of
wastes that it manages, technological advances, and new regulatory
requirements, where such changes can be implemented without
substantively altering the facility's design or the management practices
prescribed by the permit. Class 2 modifications do not reduce, and, in
most cases should enhance, the  facility's ability to protect human health
and the  environment.

Class 2 modifications require the facility to submit a .modification
request and supporting documentation to the regulatory agency. In
addition, the facility must notify the persons on its mailing list about
the modification request and publish this notice in a major local
newspaper of general circulation.  The notice must be published and
the letter mailed within seven days before or after the facility submits
the request to the regulatory agency. The newspaper notice marks the
beginning of a 60-day public comment period and announces the time
and place of a public m_c*ing.  In addition, the notice must identify a
contact person for both *Ke tacility and the regulatory agency and must
contain the statement, "The permittee's compliance history during the
life of the permit being modified is available from the regulatory agency
contact person."
Phnnfor 1? RPUA Pprmittino
                                                                                          Page 3-10

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                               The public comment period provides an opportunity for the public to
                               review the modification request at the same time as the regulatory
                               agency. The facility must place the  request for modification and
                               supporting documentation in a location accessible to the public in the
                               vicinity of the facility.  The facility must conduct the public meeting
                               no earlier than 15 days after the start of the 60-day comment period
                               and  15 days before it ends. The meeting, which tends to be less formal
                               than a public hearing held by the regulatory agency in the draft permit
                               stage, provides for an exchange of views between the public and the
                               owner or operator and a chance for them to resolve conflicts
                               concerning the permit  modification.  The meeting must be hold, to the
                               extent practicable, in the vicinity of  the permitted facility.

                               The regulatory agency  is not required to attend the meeting or respond
                               to comments made at the meeting, and an official transcript of the
                               meeting is not required. We recommend, however, that the regulatory'
                               agency attend the meeting to find out whether the public has any
                               concerns about the changes and, if so, how the owner or operator plans
                               to address them.  In addition, the regulatory agency is required to
                               consider all written comments submitted during the public comment
                               period and must respond  in writing to all significant comments in its
                               decision.  It is expected that the meeting will lead to  more informed
                               written comments submitted to  the regulatory agency, and it may also
                               result in voluntary revisions in the facility's modification request.

                               The procedures for Class 2 modifications include a default provision to
                               ensure that the regulatory agency responds promptly  to the facility's
                               request.  The regulatory agency must respond to  Class 2 modification
                               requests within 90 days or, if the regulatory agency notifies the facility
                               of an extension, 120 days.  At any time during this 120-day period, the
                               regulatory agency can:  (1) approve the  request, with or without
                               changes,  and modify the permit accordingly; (2) approve the request,
                               with or without changes, as a temporary authorization having a term of
                               up to 180 days; or (3) deny the  request. If the regulatory agency does
                               not reach a final decision on the request within this period, the facility
                               is granted an automatic authorization that permits it to conduct the
                               requested activities for 180 days.  Activities performed under this
                               authorization must comply with all applicable federal and state
                               hazardous waste management regulations.  If the regulatory agency  still
                               has not acted within 250 days of the receipt of the modification
                               request, the facility must notify persons on the facility mailing list
                               within seven days, and make a  reasonable effort to notify other
                               persons who submitted written comments, that the automatic
                               authorization will become  permanent unless the regulatory agency
                               approves or denies the request  by day 300.  The public must always
                               have a 50-day notice before an  automatic authorization becomes
                               permanent. The regulatory agency must notify persons on the facility
                               mailing list within 10 days  of any decision to grant or deny a Class 2


Chapter 3: RCRA Permitting                                                                Page 3-11

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Class 3 Modifications
modification request.  The regulatory agency must also notify persons
on the facility mailing list within 10 days after an automatic
authorization for a Class 2 modification goes into effect.

At any time during the Class 2 procedures the regulatory agency may
also reclassify the request as a Class 3 modification if there is significant
public concern about the proposed modification or if the regulatory
agency determines that the facility's proposal is too complex for the
Class  2 procedures. This reclassification would remove the possibility
of a default decision.

As previously indicated, the regulatory  agency  may approve a
temporary authorization under 40 CFR 270.42(b) for 180 days for a
Class  2 modification.  In addition, the regulatory agency may grant a
facility temporary authorization under 40 CFR 270.42(e), which would
allow  the facility, without prior public notice and comment, to conduct
certain activities necessary to respond promptly to changing conditions.
However, the facility must notify all persons on the facility mailing
list about the temporary authorization request within seven  days of
the request.  Temporary authorizations are useful for allowing a facility
owner or operator to perform a one-time or short-term activity for
which the full permit modification process is inappropriate, or for
allowing a facility owner or operator to initiate a necessary activity
while  his or her  permit modification is  undergoing the Class 2 review
process.  A temporary authorization is valid for up to  180 days,  and the
regulatory agency may extend the authorization for an additional 180
days if the facility initiates the appropriate Class 2 modification  process
for the covered activity. In addition, any extension of the activity
approved in the  temporary authorization must take place under Class 2
procedures.

Class  3 modifications address changes that substantially alter a facility
or its  operations. For example, a request to manage new wastes that
require different management practices is a Class 3 modification.  As
with Class 2 modifications, Class 3  modifications  require the facility to
submit a modification request and supporting documentation  to the
regulatory agency, and notify persons on the facility mailing list about
the modification request and publish notice in a major local
newspaper of general circulation.  The notice must be published and
the letter mailed within seven days before or after the facility submits
the request to the regulatory agency. The notice must contain the
same  information as the Class 2  notification, including an
announcement of a public meeting to be held  at least 15 days after the
notice and at least 15 days before the end of the comment period. The
newspaper notice marks the beginning  of a 60-day public comment
period.
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                               After the conclusion of the 60-day comment period, the regulatory
                               agency must either grant or deny the Class 3 permit modification
                               request according to the permit modification procedures of 40 CFR
                               Part 124. Class 3 modifications are subject to the same review and
                               public participation procedures as permit applications, as specified in
                               40 CFR  270.42(c). The following public involvement activities are
                               required:

                               •    Preparation of draft permit modification conditions  or notice of
                                    intent to deny the modification;
                               •    Publication of a notice of the regulatory agency's draft permit
                                    decision, which establishes a 45-day public comment  period on
                                    the draft permit modification;
                               •    Development of a fact sheet or statement of basis;
                               •    Holding a public hearing, if requested, with 30-day advance
                                    notice;
                               •    Issuance of the notice of decision to grant or deny the permit
                                    modification;
                               •    Consideration and response to all significant written and oral
                                    comments  received during the 45-day public comment period;
                                    and
                               •    Consideration and response to all significant written comments
                                    received during the 60-day public comment period.

                               With Class 3 permit modifications, the public has  60 days to comment
                               on the facility's requested modification and another 45 days to
                               comment on the regulatory agency's draft  permit modification or
                               proposed notice of intent to deny the modification.  And, in addition to
                               the public meeting held by the facility owner or operator, the public
                               may also request a public hearing with the regulatory agency.  The
                               public may welcome  this opportunity for extensive involvement, for the
                               public is likely to be more concerned about Class  3 modifications than
                               any other. When concern is high, you will want to be absolutely certain
                               the facility knows how to conduct the required public involvement
                               activities and provide guidance and assistance if needed. You may also
                               encourage the facility to go beyond the requirements and hold
                               workshops and publish fact sheets to explain the change.  It is also
                               more important  that you attend the facility's public meeting to gauge
                               the public's concern about the proposed change and prepare
                               appropriately for your public hearing, if one is requested.  By attending
                               the public meeting, you rซay learn whether you will need to conduct
                               additional public involvement (e.g.,  hold a workshop or small group
                               meeting)  after preparing the draft permit.

                               As with Class 2 modifications, the regulatory agency must notify
                               persons on the facility mailing  list within 10 days of any decision to
                               grant or  deny a Class 3 modification request.  In addition,  as with Class
                               2 modifications,  the regulatory agency may grant a facility a temporary
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Public Involvement
in  Closure/Post-
Closure
Closure and Post-
Closure at Permitted
Facilities
authorization to perform certain activities requested in the Class 3
modification for up to 180 days without prior public notice and
comment. For example, temporary authorizations may be granted to
ensure that corrective action and closure activities can be undertaken
quickly and that sudden  changes in operations not covered under a
facility's permit can be addressed promptly.  Activities performed under
a temporary authorization  must comply with all applicable federal and
state hazardous waste management regulations. The facility must issue
a public notice to ail persons on the facility mailing list within seven
days of submitting the temporary authorization request.  The
regulatory agency may grant a temporary authorization without
notifying the public.  The regulatory agency may reissue a temporary
authorization for an additional 180 days provided that the facility has
initiated 'the appropriate Class 3 modification process for the activity
covered in the temporary authorization and the regulatory agency
determines that the extension is warranted to allow the facility to
continue the activity while Class 3 procedures are completed.

Facilities may discontinue operations at one or more units for a number
of reasons. For example, units may have reached capacity, the facility
owner or operator may no longer wish to accept wastes, or the facility
may have lost interim status and be required to close by the  regulatory
agency. During closure, facility owners or operators complete
treatment, storage, and disposal  operations; apply final covers to or cap
landfills; and dispose of or decontaminate equipment, structures, and
soil. Post-closure, which applies only to land disposal facilities that do
not "clean close" (i.e., remove all contaminants from the unit),  is
normally a 30-year period after closure during which owners or
operators of disposal facilities conduct  monitoring and maintenance
activities to preserve the integrity of the disposal system.

40 CFR 264.112  and 264.118 require facilities seeking operating
permits to submit closure and post-closure plans (if appropriate) with
their Part B applications in accordance with 40 CFR 270.14(b)(13).
Furthermore, land disposal facilities that leave wastes in place when
they close must obtain a post-closure permit, specifying the
requirements for proper post-closure care. Consequently, the  public
has the opportunity to comment on a  facility's closure and  post-
closure plans and any amendments made to the plans as part of the
permitting pr-vess and  permit modification procedures, as  described
earlier ii* -hli chapter.

You should be aware of any issues relating to the closure of the facility
that concern the public and plan public involvement activities
accordingly. For example, if the public has reservations about how
"clean" the facility will actually be after the facility closes, you may want^
to consider releasing a fact sheet or conducting educational  workshops
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Closure and Post-
Closure at Interim
Status Facilities
and informational meetings about the closure plan and the conditions
at the facility. If the facility owner or operator is leaving a facility, and
possibly even the community, the public may be very concerned about
whether the facility owner or operator will really be vigilant in
monitoring the post-closure operations at  the facility or will have
enough financial resources  to do so.  Moreover, almost all post-closure
permits will contain schedules of compliance for corrective action if a
facility closes before all necessary corrective action activities are
completed. As a result, you should integrate additional activities into
your public involvement program for post-closure permitting that
address community concerns about corrective action.  (See Chapter  4
for additional information on such activities.) Note, however, that
unless corrective action is required in the  post-closure  permit, public
interest in closure  plans is usually limited.

Facilities may also close under interim status, often under enforcement
orders.  For example, a large number of land disposal facilities lost
interim status in 1985 if they did not certify that they were in
compliance with all applicable ground-water monitoring and financial
responsibility requirements by the  statutory deadline established by
HSWA.  40 CFR 265.112 and 265.118 require facilities seeking or
required  to close under interim status to submit closure and post-
closure plans (if appropriate). 40  CFR 265.112(d)(l) specifies the
schedule for a facility to submit its closure plan to the  regulatory
agency prior to the date on which it expects to begin partial or final
closure.  Similarly, 40 CFR 265.118(e) specifies the schedule  for the
facility owner or operator to submit the post-closure plan  to the
regulatory agency prior to the date on which the facility expects to
begin partial  or final closure of the first hazardous waste disposal unit.

Public involvement activities for interim status facilities during the
closure and post-closure processes are specified in 40 CFR
265.112(d)(4) and  265.1l8(f), which require that the regulatory agency
provide the public and the facility, through a newspaper  notice, with
the opportunity to provide written comments on the closure and post-
closure plans and request modifications to the plans no later than 30
days from the date of the notice.  In response to  a request or at its
own discretion, the regulatory agency may hold a public hearing on the
plan(s), if such a hearing might clarify one or more of the issues
concerning the plan(s). Public notice of the hearing must be provided
by the regulatory agency at least 30 days before it occurs.  The
regulatory agency will approve, modify, or disapprove the  plan(s) within
90 days of their receipt.

Under 40 CFR 265.118(g)(l), the  public may also petition the
regulatory agency to extend or reduce the post-closure care period
applicable to an  interim status facility or land disposal  unit.  Whenever
the regulatory agency is considering a petition on a post-closure plan, it
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                                                           Page 3-15

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Example:  The
Blank Community

Background
will provide the public and the facility, through a newspaper notice,
with the opportunity to provide written comments within 30 days of
the date of the notice. In response to a request or at its own
discretion, the regulatory agency may hold a public hearing on the
post-closure plan, if such a hearing might clarify one or more of the
issues concerning the plan.  The regulatory agency must provide public
notice of the hearing at least 30 days before it occurs.  If the regulatory
agency tentatively decides to modify the post-closure plan, 40 CFR
265.118(g)(2) requires that the regulatory agency provide the public
and the facility, through a newspaper notice, with the opportunity to
provide written comments within 30 days of the date of the notice,  as
well as the opportunity for a public hearing.  After considering the
comments,  the regulatory agency will issue a final decision.

An interim status facility may amend its closure plan at any time  prior
to the notification of partial or final closure, and its post-closure  plan
any time during the active life of the facility or during the post-closure
care period. An owner or operator with an  approved closure or  post-
closure plan must submit a written request to the regulatory agency  to
authorize a change. In addition, the regulatory agency may request
modifications to the closure and post-closure plans. If the amendment
to the closure plan is a Class 2 or Class 3 modification, according  to
the criteria specified in 40 CFR 270.42, the modification to the plan
will be approved according to the procedures  in 40 CFR 265.112(d)(4)
detailed above.  Similarly, if the amendment to the post-closure plan is
a Class 2 or Class 3 modification, according to the criteria specified
in 40 CFR  270.42, the modification will be approved according to the
procedures in 40 CFR 265.118(f), also described above.

Now that we have gone through the basics of public  involvement in
RCRA permitting,  let's look at an example of how the public
involvement process might work for a high-level interest facility.

Facility A is located in the community of Blank, with a population of
100,000 residents. The facility is applying for a RCRA permit to treat
and store wastes, including tetrachloroethylene, using a commercial
incinerator that is currently operating under interim status. The  facility
is located near a residential area.  It employs 300 people.  The facility
has established relatively good relations with members of the
community by contributing to charitable efforts and keeping in close
contact with officials about  facility operations. You would characteri ze
the level of public interest in this facility (and  therefore the need for
public involvement) as high based on the types of wastes, the waste
management practice (incineration), and the facility's proximity to a
residential  area.
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Community Concerns       During your community interviews and file search, you discovered that
k                                there are three main concerns that the community has expressed with
                                regard to the facility, as well as another issue that you think may be
                                important.

                                (1)  The residents near the facility are concerned that the incineration
                                    of wastes could endanger their health.  They are worried that the
                                    incinerator could release harmful amounts of hazardous
                                    substances  if something should go wrong and the incinerator were
                                    operating at less than adequate temperatures, or if there were an
                                    accident. They noted that several people in the community have
                                    had lung-related illnesses since the incinerator  has been operating.

                                    (They need to be informed about the possible  health effects of
                                    the incinerator, and satisfied that the incinerator is operating
                                    correctly.)

                                (2)  The community as a whole (especially fire and police department
                                    representatives) is concerned about the transportation of wastes
                                    through the city streets, and the possibility of harmful exposures
                                    in the event of an accident.  In addition, members of the
                                    community are concerned that the ash that will be taken from the
                                    facility could harm residents if there were an accident.

                                    (Although  RCRA permits for facilities do not cover these
                                    transportation issues, you should be sensitive to these concerns.
                                    The public needs to be informed of how accidents will be avoided
                                    and what emergency procedures will be in  place to  deal with any
                                    accidents.  They need to be reassured that, based on Department
                                    of Transportation records, the probability of a transportation
                                    accident involving hazardous waste is extremely low.)

                                (3)  Community members interviewed expressed a general mistrust of
                                    the regulatory agency's ability to monitor the facility adequately.

                                    (They need to be informed about what regulations the facility
                                    must comply with in order to operate the incinerator, and what
                                    review process the regulatory agency has for monitoring the
                                    facility. They need to know that they have access to all the
                                    documents concerning the incinerator.  They need to be
                                    reassured that the regulatory agency will carefully  monitor the
                                    facility and enforce regulatory requirements.)

                                (4)  Several community members mentioned that they were concerned
                                    about their groundwater, although you  know that there has been
                                    no  indication of any potential contamination problems at this
                                    facility. Your file search revealed that  there is another RCRA
                                    facility nearby that has been undergoing a corrective action that
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Community
Characteristics
Activities
      involves groundwater contamination with volatile organic com-
      pounds. This facility is farther out of town, but there are drinking
      water wells nearby that are threatened by the groundwater
      problems. This indicates to you that there may be some confusion
      in the community between the actions at the two different
      facilities.

      (They need to have their misunderstanding cleared up before
      they become  unnecessarily concerned, and the distinction
      between the two activities at the two facilities should be
      explained more clearly.)

 During community interviews,  you gathered the following information
 about the community that will be useful in developing public
'involvement  activities:

 (1)   The neighborhood nearest the facility is  largely middle class,
      where most people own their homes and have children of school
      age. They have a high-school/college level education.  All of them
      speak English.

 (2)   Most community members prefer to have information mailed to
      them, rather  than attending meetings, because of time constraints.

 (3)   Most of the information people now receive about the facility
      comes from the  facility's newsletter, which is distributed to the
      facility's employees and the facility's neighbors.  Coverage has
      been minimal in the media.

 (4)   There are no organized environmental groups in the area.
      However, most people do belong to some civic organization.

 With the information you have gathered, you  can choose which public
 involvement  activities will best fit the needs of the  Blank community.
 A comprehensive  list  of required and expanded public involvement
 activities is provided in Chapter 5 of this manual.  Each description
 includes a list of what types of situations for which the activity could be
 useful. There are any number of combinations of activities  that may be
 suitable for a given situation.  Part of your choice will be made as  a
 result of which activities you feel comfortable doing and how much
 tiue and money you have.

 Required  Activities

 There are several  public involvement activities that you are required to
 perform as part of a RCRA permit effort. Note that in certain
 instances, the facility  and/or regulatory agency may take the lead in
 these required activities.
                                                                                                 i
Chapter 3: RCRA Permitting
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                               •    At the time the permit application is submitted, you must establish
                                    a mailing list that includes facility neighbors, elected officials,
                                    regulatory agency representatives, environmental organizations,
                                    and anyone else who has expressed an interest  in'the facility or
                                    who may be affected by it.

                               •    After developing a draft permit (or notice of intent to deny a
                                    permit), you must:

                                         Provide public notice (in a major newspaper and broadcast
                                         over local radio stations)  that the draft permit or notice of
                                         intent to  deny the permit is available for public review;

                                         Produce a fact sheet or statement of basis that explains the
                                         factual and legal bases for preparing the permit or issuing
                                         the administrative order (Note that generally fact sheets are
                                         used for permit issuances while Statements of Basis are used
                                         for permit denials); and

                                         Hold a 45-day public comment period on the  draft permit
                                         decision.

                               •    If there is a written request made during the public comment
                                    period, you must hold a public hearing for which 30-day advance
                                    notice is provided to  members of the public.

                               •    When a final decision is reached on whether to issue or deny a
                                    permit, you  must send a notice of decision, including a  response
                                    to comments, to the facility owner or operator  and  each person
                                    who submitted written comments on the draft decision or who
                                    requested a copy of the notice.

                               Expanded  Activities

                               From your community interviews, you have discovered that you  need to
                               provide members of the community with certain types of information,
                               and get the community's feedback before most of your required
                               activities  are implemented.

                               What sort of information do you need to convey to the Blank
                               community?

                               •    Environmental risk information:

                                         Information on the potential risks from the facility's
                                         incinerator
                                         Information on the technical and institutional  safeguards  that
                                         are in place to prevent exposures
Chapter 3: RCRA Permitting                                                                Page J-19

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          The differences between this facility and another nearby
          RCRA facility that is undergoing corrective action
          A clarification that this facility is not undergoing a  corrective
          action; therefore, there is no groundwater contamination at
          the facility

•    Transportation information:

          A description of the contingency plan that has been
          developed or will be developed as part of the RCRA permit

•    Regulatory/process information:

          A description of the regulations with which the facility must
          comply
          A description of the methods used by the regulatory agency
          to verify and document compliance
          A description of how community members can ensure that
          the regulatory agency is enforcing compliance

How can you get the information out?

(1)  Community members have stated a preference for receiving
     information through the mail rather than attending meetings, so
     the logical first step is to produce a fact sheet for distribution to
     your mailing list that covers the  four topics mentioned  as
     important during your interviews  (health, transportation,
     regulatory compliance, groundwater). Remember to keep
     explanations simple but complete, and to use graphics when
     possible to  help explain difficult concepts.  You should include the
     name, address, and phone number of the designated regulatory
     agency contact person (probably you) on the fact sheet.  You can
     supplement the fact sheet with a  news release and informational
     press conference for local media  so that your information will be
     distributed  to a wider audience.

     If you don't have  the time or resources to produce your own fact
     sheet, an alternative is to ask the  facility to include  the
     information in its  facility newsletter. However, the facility
     newsletter will not reach all of the people who  are interested in
     the project because of its limited distribution. You could ask the
     facility to distribute the newsletter to your  mailing list, or use the
     news release and  informational press conference mentioned
     above to increase circulation.

 (2)  Because health is a major concern of community members nearest
     the facility, and because of the complicated nature of the issue, a
     fact sheet may not address their concerns adequately. Since
     community members have stated  a preference not to attend extra
                                                                                                 i
Chapter 3: RCRA Permitting                                                                Page 3-20

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                                    meetings, you may offer brief presentations at regularly
                                    scheduled meetings of other civic organizations, with time for
                                    questions and answers.

                                    You also may use the fact sheet to solicit interest in a workshop
                                    on health issues, just to make sure that community members have
                                    the opportunity to meet if they feel very strongly about  the issue.
                                    If 10-20 people express interest, you should plan a workshop to
                                    discuss the  issues in more detail and allow time for questions and
                                    answers.  You may want to prepare some posters and handouts
                                    that explain the health risks graphically and outline the  monitoring
                                    procedures that will ensure the incinerator is operating  properly.
                                    Because there are currently some health conditions that
                                    community members perceive may be related to the  facility, you
                                    may want to include a health specialist, such as the county and/or
                                    State lexicologist, on your presentation team to answer  specific
                                    health questions.

                               (3)  You can establish an information repository at the public library
                                    or other public building so that the community can have access to
                                    all the technical documents concerning the facility.  The
                                    information repository should be announced in a public notice in
                                    the newspaper and in the fact sheet

                               (4)  You need to build the community's trust in the regulatory agency.
                                    One way you can start this  process is to keep up regular
                                    telephone or personal contact with key community leaders to
                                    update them on the permit progress and/or the corrective action
                                    order process and to ask for their feedback on how the  regulatory
                                    agency can best involve them in the process. You also need to
                                    maintain that trust.  Since the RCRA permitting process and
                                    some administrative orders  requiring compliance may take a long
                                    time, it is important that you periodically update community
                                    members on the permit or order status, even when there isn't
                                    much going on in the way of permitting milestones. In the
                                    absence of information from the regulatory agency, it is  common
                                    for community members to become suspicious that things  are
                                    progressing outside  of the normal, public channels.  Periodic
                                    contact will help dispel those suspicions.

                               (5)  It is obvious to you  that community members are confusing the
                                    two RCRA facilities in the  area. The first step you can take is to
                                    send a RCRA ง3007 Request for Information to the nearby
                                    facility to gather relevant information and then coordinate your
                                    public involvement  efforts with the facility.  Make sure that
                                    materials you send out to members of the public are clearly
                                    marked as addressing  one site or the  other.  The fact sheet for
                                    your facility will clearly state that there are  no  identified areas of
Chapter 3: RCRA Permitting                                                                Page 3-21

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                                   soil or groundwater contamination at your facility, and that your
                                   RCRA action involves a permit, not a corrective action. It is
                                   important to clear up the misunderstanding with all community
                                   members so that you don't have to keep addressing this  issue
                                   throughout the RCRA process. If concern seems to be  wide-
                                   spread, you  may want to publish the number of a RCRA
                                   information hotline that community members can call with
                                   questions.  You can also issue a news release summarizing infor-
                                   mation about the facility and  distinguishing between the action at
                                   your facility and at the one nearby.
                                                                                               i
Chapter 3: RCRA Permitting                                                               Page 3-22

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                                     Chapter Summary
The permit decision process and the required public involvement activities can be divided into
three  key steps :

1.   Submission and Review of Permit Application

     - Develop a mailing list

2.   Preparation of Draft Permit or Notice of Intent to Deny and Public Comment Period

     - Issue public notice
     - Prepare fact sheet or statement of basis
     - Announce a 45-day public comment period
     - Hold a public hearing, if requested, with 30-day advance notice

3.   Final Permit Decision

     - Respond to all significant comments raised during the public comment period, or during
       any hearing
     - Issue notice of decision

The regulatory agency can initiate a permit modification under 40 CFR 270.41 following the full
permitting procedures of 40 CFR Part 124. A facility may also initiate a Class 1, 2, or 3 permit
modification under 40 CFR 270.42.  For facility-initiated modifications, public involvement
activities are required of both the facility and the regulatory agency, as described below:

1.   Class 1

     Facility Requirements:
     - Notify  mailing list within 90 days
     Class 2
      2.
           Facility Requirements:
           - Notify mailing list and public
             newspaper notice
           - Announce 60-day public comment
             period
           - Place modification request and
             supporting documentation in an
             accessible location in the vicinity of
             the facility
           - Hold public  meeting
           - If the regulatory agency does not act
             within 250 days of the modification
             request, notify mailing list that
             automatic authorization will become
             permanent in 50 days
                                           Regulatory Agency Requirements:
                                           - Allow 60 days for public comment on the
                                             modification request
                                           - Consider all written comments and respond in
                                             writing to all significant comments
                                           - Issue notice to the mailing list within 10 days ot"
                                             any decision to grant or deny a modification
                                             request
                                           - Issue notice to the mailing list within 10 days
                                             after an automatic authorization goes into
                                             effect
Chapter 3: RCRA Permitting
                                                                                   Page 3-23

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                              Chapter Summary,  continued
           Class 3
           Facility Requirements:

           -  Notify mailing list and publish
             newspaper notice
           -  Announce 60-day public comment
             period
           -  Place modification request and
             supporting documentation in an
             accessible location in the vicinity of
             the facility
           -  Hold public meeting
                                      Regulatory Agency Requirements:

                                      -  Allow 60 days for public comment on the
                                        modification request
                                      -  Issue public notice
                                      -  Prepare a fact sheet or statement of basis
                                      -  Announce a 45-day public comment period on
                                        draft permit decision
                                      -  Hold a public hearing, if requested, with 30-day
                                        advance notice
                                      -  Issue or deny the modification request
                                      -  Respond to written and oral comments from
                                        the 45-day comment period
                                      -  Consider and respond to all significant written
                                        comments  received during the 60-day comment
                                        period

For Class 2 or 3 modifications, the regulatory agency may grant a facility temporary
authorization to perform certain activities for up to  180 days. The facility must notify  the
public within seven days of making the request The regulatory agency may grant a
temporary authorization without prior public notice and comment.

For facilities se-iking permits, the public has the opportunity to comment on closure and
post-closure plans and any amendments to the plans as part of the permitting process and
permit modification  procedures.  The public can also comment  and request hearings on
closure and post-closure plans submitted by interim status facilities. The regulatory agency
can initiate, and the facility can request, modifications  to interim status plans; these
requests are also subject to public comment.

Post-closure permits and plans often mandate corrective action.

A fictitious case study of the Blank Community illustrates how public involvement planning
and implementation would work at a facility with a high-level of public attention.
Chapter 3: RCRA Permitting
                                                                              Page 3-24

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•Chapter  4
    Public  Involvement  for  RCRA
    Corrective Action  Under Permits  and
    ง3008 (h)   Orders
    Introduction
Public involvement is an important part of RCRA corrective action.
RCRA facilities are generally brought into the corrective action process
at the time the regulatory agency is considering a permit application for
the facility, or when a release justifying action under ง3008(h) is
identified.  This chapter addresses public involvement activities for
corrective actions under permits and ง3008(h) orders.

As discussed in Chapter 3, the corrective action process begins with a
RCRA Facility Assessment, which is  conducted by the regulatory
agency.  The  RFA includes (1) a desk-top review of available
information on the facility; (2) a visual site inspection to confirm
available information on solid waste management units (SWMUs) at
the facility and to note any visual evidence of releases; and (3) in some
cases, a sampling visit to confirm or disprove suspected releases. If,
after completion of the RFA it appears likely that a release exists, the
regulatory agency typically develops a schedule of compliance, to be
included in the facility's permit, for further studies and actions the
facility owner or operator must undertake to fulfill the responsibilities
imposed by งง3004(u) and (v). Alternatively, the regulatory agency
might issue an order pursuant to ง3008(h) to compel corrective action.

As described  in  Chapter 3, the public can comment on the schedule of
compliance for corrective action during permit issuance and subsequent
permit modification.  For example, 40 CFR Part 124 provides the
public with an opportunity to submit written comments on the draft
permit and permit modifications initiated by the regulatory agency, and
request a public hearing. Similarly, 40 CFR 270.42 requires a 60-day
comment period and public meeting  for Class 2 and Class 3 permit
modifications initiated by the facility  owner or operator, as well as full
40 CFR Part  124 permitting for Class 3 modifications.  In addition to
these activities, current EPA policy also requires a 30 to 45 day public
comment period and a public hearing for remedy selection under
ง3008(h) orders.

The proposed Subpart S rule (55 FR 30798, July 27, 1990), which
defines both the procedural and substantive requirements associated
    Chapter 4: Corrective Action and ง3008(h) Orders
                                                  Page 4-1

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Public Involvement
During  Corrective
Action in Permitting
                               with งง3004(u) and (v), contains public involvement activities for
                               corrective action in addition to those currently required under 40 CFR
                               Parts 124 and 270.  For example, the rule proposes that facilities, rathe
                               than the regulatory agency, be required to conduct certain public
                               involvement activities such as establishing an information  repository.
                               The rule also proposes the use of specific types of permit modifications
                               (e.g., Class 2 and 3 modifications) for adding or making changes to
                               corrective action requirements contained in the facility permit, and
                               proposes a new permit modification procedure for streamlining changes
                               to the schedule of compliance initiated by the regulatory agency.

                               This chapter outlines the public involvement activities associated with
                               different stages of the corrective action process under both permits and
                               ง3008(h) orders. It describes public involvement activities currently
                               required under federal regulations and policies, as well as suggested
                               additional public involvement activities. In addition, this chapter
                               discusses the public involvement requirements  for corrective action
                               activities contained in the proposed Subpart S  rule,

                               Additional guidance  for public involvement in corrective action is
                               available in OSWER Directives 9901.3, Guidance for Public
                               Involvement in RCRA Section 3008 (h) Actions (May 5, 1987) and
                               9902.6, RCRA Corrective Action Decision Documents: The Statement of
                               Basis and Response to Comments (April 29, 199J).
Community concerns during corrective action may differ from concerns
during either the permitting of a new facility or a permit modification
not related to corrective action.  Because a release or potential release
of hazardous waste has been identified, the community is more likely to
take an  active interest in the site. Accordingly, the community may
require more information on issues related to current or potential
contamination, including levels of contamination, the extent of health
and environmental risks, and the potential for future risks.

Corrective action investigations and remedial activities may be very
visible to the public.  Experts visit the facility to conduct investigations,
trucks and equipment travel back and forth to the facility, and
government agencies oversee activities. All of these activities can
heighten the anxiety and concern of the community.

If the RFA indicates the presence of actual or potential releases  of
hazardous waste, a number of additional activities may be taken to
complete the corrective action process. These activities can be divided
into seven key steps:

     1)    RCRA Facility Investigation (RFI);
     2)    Corrective Measures Study (CMS);
     3)    Proposed remedy selection;
                                                                                                i
Chapter 4: Corrective Action and ง3008(h) Orders
                                                            Page 4-2

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Step One:  RCRA
Facility
Investigation (RFI)
Required Activities
     4)   Final selection of remedy;
     5)   Corrective measures implementation;
     6)   Completion of remedy; and
     7)   Interim measures, which can take place anytime in the
          process.

These steps, and the public involvement activities associated with them.
are discussed below. Exhibit 4-1 provides a flow chart that illustrates
the relationships between the corrective action process and public
involvement activities.  Refer to Chapter 3 for additional information
on permitting, including permit modifications, and Chapter 5 for
specific details on public involvement activities described in this
chapter.
                                r
Following the RFA, the next step in the corrective action process is the
RCRA Facility Investigation.  An RFI is undertaken when a potentially
significant release has been identified in the RFA; its purpose is to
characterize the nature and extent of contamination  at the facility.

If the RFA indicates that a release poses an immediate exposure risk,
the regulatory agency can require the facility,  through the permit, to
undertake interim measures to minimize this risk.  The regulatory
agency may also choose to institute a phased RFI, gathering data
necessary to make "stabilization" decisions early in the RFI process.
Similar to interim measures, stabilization activities are designed to
control releases and prevent further spread of contamination during the
first phase of corrective action at a facility.

As discussed in Chapter 3, the public has the opportunity for notice
and comment on the permit schedule of compliance for corrective
action, including  its RFI provisions, at the time of permit issuance.
The mailing list developed during the initial stages of the permitting
.process should be used and updated throughout the permitting and
corrective action processes in order to keep members of the community
informed. (See Chapters 3 and 5 for more information on facility
mailing lists.)

Sometimes the results of the RFI indicate that the schedule of
compliance for corrective action  in the facility permit needs  to be
modified to account for new information. Currently, the regulatory
agency can initiate modifications to the correctivs action schedule of
compliance under 40 CFR 270.41, following the procedures in 40 CFR
Part 124.  In  addition, the facility owner or operator can  request
modifications under 40 CFR 270.42.
Chapter 4: Corrective Action and ง3008(h) Orders
                                                           Page 4-3

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                 Exhibit 4-1
                           Public  Involvement Activities in the RCRA
   Technical
    Process
  Additional
      Public
 Involvement
   Activities
       under
   SubpartS
   Proposed
       Rule"
  Additional
Involvement
   Activities
 RCRA Facility
  Investigation
    (RF!)1
                                                      Corrective Measures
                                                             Study
                                                             (CMS)'


^""*S1^^^^^
Fadty Requests Modflcafart
to Terminate Schedula of
Compfianca

	 	 - 	 ^
Regulatory Agency
Modifies Schedule; of.
Compliance*
Faofity Requests
Modification to Due
Dates in Schedula


                                                                  Interim -Measures  (Can
                       T
   Required *    • Ma*ng Ust
      Public
Involvement
   Activities
                           Modifications initiated under 40 CFR 270.41 and 270.42 require public involvement
                           (sea text)
• Regulatory agency may require
  facility to establish
  an information repository
• Facility gives
  notification of repository
  if established, with
  contact parson
• Facility mails summary
 of RF! final report to all
 individuals on mailing list;
 facility may also be required to write
 a fact sheet summarizing the RFI

• Facility gives notice to all
 potentially affected parties
 when a release of hazardous
 constituents is discovered to have
 migrated off-site in concentration
 exceeding risk-based levels
 (groundwater and
 air only)

• Revised public
 involvement plan
• Facts sheet
• Informal meetings or workshops
Class 3 Modification

 • Facility gives public
   notice announcing 60-day
   comment period
 • Facility holds
   public meeting
 • EPA follows 40 CFR Part
   124 procedure* for
                                                      Proposed
                                                   40 CFR 270.34(c)
                      Class 1 or 2
                      Modification
• Regulatory agency gives  • Facility obtains
   (i.e., public notice,
   45-day comment period,
   fact sheet or statement of
   notice of decision,
   response to comments
   submitted during both the
   45-day and 6O-day comment
   periods)
 notica to facility and
 and public
 annoucing 20-day
 comment period,
 with contact person

• Notica of final
 decision with
 responses
 to comments

• In addition, regulatory
 agency could conduct
 approval from the
 regulatory agency
• Public notice
                                                                                             dates w.tnin
                                                                                           .Class 2
                                                                                             provisions, as
                                                                                             ^
                                                         • Workshop
                                                         • Informal meeting
                                                         •Contact person
                                                         • Fact sheet
                                                         • Hotiine
             *  These activities are strongly encouraged, but not required, for corrective action under ง3008(h) orders.
             " Activities included in proposed rules under 40 CFR 264 and 270, 55 FR 30873 ff.
             The public has the opportunity for notice and comment on the permit schedule of compliance for corrective
             action, including its RFI and CMS provisions, at the time of permit issuance.
                                                                                                            (2n042-2

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Corrective Action Process (During RCRA Permitting)

: --Ta


(CMI)




te Place At An^r Time) : L :
            *
  40 CFR 270.41 Modification
       •Public notice
       •Fact sheet or
        statement of
        basis
       •Public comment
        penod (45 days)
       •Public heanng
        (If requested)
40 CFR 270.41 Modification
  • Notice of decision
  • Response to comments
ModHlcatons (nitrated under
40 CFR 270.41 and 270.42
require public involvement
(see text)
                                                          • Permittee notifies
                                                            all individuals on
                                                            facility mailing list
                                                            tnat construction
                                                            plans and specifications
                                                            are available; places
                                                            plans and specifications
                                                            in information
                                                            repository
Class 3 Modification

 • Facility gives public notice announcing 60-day
   comment period

 • Facility holds public meeting

 • EPA follows 40 CFR Part 124 procedures for
   permit modification (i.e., public notice, 45-day
   comment period, fact sheet or statement of
   basis, hearing if requested, notice of
   decision, response to comments submitted dun
   botn the 45-day and 60-day comment periods)
                                                         • Notification of residual
                                                           contamination, if appropriate
      •Workshop on
       proposed remedy
     • Workshop
     •Informal meeting
    • Fact sheets
    •Availability session/
     open house      •
       As indicated in this exhibit, the public receives notice of and has the opportunity for comment on the permit schedule of
       compliance for corrective measures implementation during the remedy selection modification under 40 CFR 270.41.
                                                                                                        I2n042-1

-------
Additional Activities
Proposed Required
Activities Under
Subpart S
Once the RFA and RFI are completed, it is usually appropriate to
reevaluate community concerns and the level of public involvement
based on any new information collected, and to revise the public
involvement plan accordingly.  In addition, care should be taken to
integrate public involvement activities for corrective action with other
public involvement activities related to the  permit. Such efforts early in
the process, before community concerns and issues become over-
whelming, will be beneficial in the long run.

Developing and distributing fact sheets throughout the RFI process is
an excellent way to keep in touch with the community.  It is  a good
idea to issue a fact sheet before the RFI begins to explain the
investigation's purpose and scope.  Another fact sheet should be issued
after the RFI is completed to report the investigation results. Informal
meetings or workshops also provide valuable forums for discussing
community concerns.

The Subpart S corrective action rule proposes additional requirements
and recommended activities for public involvement after the RFA and
during the RFI.  It also proposes a new permit modification process for
certain modifications to the schedule of compliance initiated by the
regulatory agency.  These proposed public  involvement activities and
permit modification procedures are described below.

Proposed RFI Activities Under Subpart S

Under the Subpart S proposed rule, the regulatory agency may require
the facility to establish an information repository in the community
where the facility is located. The repository would serve as a resource
containing all reports, findings, and other information relevant to
ongoing corrective action activities at the facility (e.g., RFI workplans
and reports). You can assist your managers in determining whether an
information  repository would be useful by presenting the results of your
initial needs assessment. If the level of community interest is moderate
or high, and if there is moderate or high potential for exposure, an
information  repository should be established.

Subpart S also proposes that the facility inform the public of  the
existence of the repository by sending a. notification of public
information repository to  all individuals on the mailing list.  This
notification shouldlnclude the  name of a contact person designated by
the regulatory agency. The regulatory agency may also require the
facility to publish notice of the repository in a local newspaper and
broadcast notices on local radio and television stations.
                               Upon completion of the RFI, Subpart S proposes that the facility mail
                               a summary of the final RFI report to all individuals on the mailing Us
                               In addition to this formal report summary,  some Regions may also
                                                                1
Chapter 4: Corrective Action and ง3008(h) Orders
                                                           Page 4-6

-------
                               require the facility to write a fact sheet summarizing the RFI report.
                               These documents should be written in language that can be understood
                               by the general public and should be translated for non-English speaking
                               members of the community as appropriate.

                               Proposed Notifications for Contamination Under Subpart S

                               Subpart S proposes two notifications for discoveries of contamination,
                               such as that which might occur during the RFI.  If at anytime the
                               facility discovers that hazardous constituents in ground water that may
                               have been released from a SWMU at the facility have migrated beyond
                               the facility in concentrations exceeding risk-based levels, the facility
                               must provide written notification to the regulatory agency and to any
                               person who  owns or resides on the land which overlies the
                               contaminated ground water within  15 days of the discovery. In
                               addition, the facility must provide written notice and initiate actions to
                               provide notice to individuals who have  or may have been subject to
                               exposure to  air releases from SWMUs at the facility that have or are
                               migrating beyond the facility boundary in concentrations that exceed
                               risk-based levels.

                               Proposed Modifications to Corrective Action Schedules of Compliance
                               Under Subpart S

                               When initiating modifications to the permit schedule of compliance for
                               corrective action, the Subpart S rule proposes that the regulatory
                               agency decide on a case-by-case basis whether to conduct  the
                               modification under 40 CFR 270.41 or under proposed 40 CFR
                               270.34(c). Proposed 40 CFR 270.34(c) specifies public involvement
                               requirements for situations where the regulatory agency initiates a
                               modification to change the schedule of compliance prior to remedy
                               selection (e.g., to modify due dates for  reports or to add or delete  some
                               activities from an approved workplan).  Under the proposed
                               requirements of this section, the regulatory agency must perform the
                               following public involvement activities:

                               •    Prepare a public notice that includes a description of the
                                    proposed modification, reasons for the modification,  the location
                                    of available supporting information, the end  date the 20-day
                                    modification comment period, and the name of a regulatory
                                    agency contact person to whom comments can be made;

                               •    Distribute the notice to the facility, mailing list, and information
                                    repository, if one  has been  established; and

                               •    Publish the notice in a local newspaper.

                               If no  comments are received regarding the proposed modification,  it
                               becomes final five days after the close of the comment period.  At that
Chapter 4: Corrective Action and ง3008(h) Orders                                               Page 4-7

-------
                               point, the regulatory agency must notify the facility and all community
                               members on the mailing list in writing and place a copy of the
                               modified permit in the information repository.

                               If written comments on the proposed modification are received, the
                               regulatory agency must make a final  determination within 30 days after
                               close of the comment period, if practicable.  In addition, the regulatory
                               agency must perform the following public involvement activities:

                               •    Prepare a public notice that gives the effective date of the
                                    modification and  an explanation of how comments were
                                    considered in developing the final modification;

                               •    Provide a copy of the notice and the final modification to the
                                    facility, and

                               •    Publish a copy of the notice in  a local newspaper  and place a copy
                                    of the notice and the final modification in the  information
                                    repository, if one has been established.

                               Since the proposed 40 CFR 270.34(c) procedure is less complex
                               administratively and should take substantially less time to make
                               modifications effective, this process,  once promulgated, should be used
                               for modifications that are relatively routine,  do not include very large
                               additions or changes to the requirements already specified in the
                               schedule, or are time-critical. The regulatory agency could conduct a
                               public meeting during the comment permit for modifications initiated
                               under proposed 40 CFR 270ซ34(c), if it was  determined to be
                               appropriate in addressing the concerns of the facility or the public, or
                               both.  In other cases, the comment period might be extended for some
                               period to allow for more thorough review or comment.

                               On the other hand, some regulatory  agency-initiated modifications,
                               because of the nature, scope, or anticipated resource burden of
                               complying with the new requirement, may continue to be more
                               appropriately handled  under 40 CFR 270.41. For example, imposing
                               requirements that are especially sensitive or controversial from the
                               community's perspective may be best handled under 40 CFR 270.41,
                               which allows maximum public input into the substance of the permit
                               modification.

                               In addition, if the facility cannot meet due dates in the schedule  of
                               compliance, propose!  /O CFR 270.34(b) requires that the facility
                               request a modification of the schedule under 40 CFR 270.42 within 15
                               days  of the determination.  Changes in dates during the RFI phase are
                               typically considered either Class 1  or Class 2 modifications.
Chapter 4: Corrective Action and ง3008(h) Orders                                               Page 4-8

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Step Two:
Corrective
Measures Study
(CMS)

Required Activities
Proposed Modification to Terminate the Schedule of Compliance
Under Subpart S

Subpart S proposes the use of Class 3 permit modification procedures
for requests by facility owners or operators to terminate corrective
action schedules of compliance during the corrective action process if
the facility can demonstrate that there are no releases of hazardous
waste from SWMUs that may pose a threat to human health or the
environment

If the need for corrective measures is verified during the RFT, the
facility may be required to perform a Corrective Measures Study to
identify  and evaluate potential remedial  alternatives.
Additional Activities
The permit schedule of compliance may already include conditions
that specify when a CMS is warranted; the public can comment on
these draft permit conditions at the time of permit issuance.
However, because the RFI and CMS phases may last from one to three
years, depending on the complexity of the facility, the community may
be frustrated by the length of time involved and the lack of information
on results or findings.  While there are no additional required public
involvement activities specific to the CMS beyond those associated with
the initial permitting process or modifications to the corrective action
schedule of compliance, some public involvement activities may be
useful during this phase of corrective action.

Holding workshops and informal meetings  about the CMS process, the
remedies being considered, and the activities being conducted at the
facility will  keep  the community involved and informed. You should
also consider mailing out fact sheets at significant milestones during the
CMS to keep the community abreast of the progress that has been
made.

Providing a contact person to accept comments and answer questions
from the community is a good way to provide information, shows a
willingness on  the part of the regulatory agency to talk with the
community, and gives the regulatory agency an opportunity to respond
to public concerns.  You may even consider establishing a hotline if a
large number of  people call with questions.  You can advertise the
availability of the hotline through the mailing list or in local
newspapers.
Chapter 4: Corrective Action and ง3008(h) Orders
                                                          Page 4-9

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Step Three:
Proposed  Remedy
Selection
Once the regulatory agency identifies its proposed remedy for a facility,
the facility's permit must be modified to incorporate the proposed
corrective measures.
Required Activities
Additional Activities
A permit modification for remedy selection is initiated by the regulatory
agency.1 For such a modification, 40 CFR 270.41 requires the same
level of public involvement as is required for a draft permit.2  The
permit containing the proposed modification must be released for
public review and comment, and the community must receive public
notice that the proposed modification is available for review.  'You
must publish this notice in a major local newspaper and it must be
broadcast over local radio stations.  Notice must also be sent to all
persons on the mailing list In addition, you must prepare a fact  sheet
or statement of basis to explain the proposed modification and the
significant factual and  legal reasons for proposing the remedy.

A 45-day public comment period on the draft permit modification
follows publication of the public notice.  The comment period provides
the public with an opportunity to comment, in writing, on conditions
contained in the draft  permit modification. If information submitted
during the initial comment period appears to raise substantial new
questions concerning the draft permit modification, you must  re-open
or extend the comment period.

The affected community may request a public hearing on the draft
permit modification. If a  hearing is requested, you must give  a 30-day
advance notice to the community that states the time and place of the
hearing.  You  may schedule a public meeting or hearing even if the
community does not request one. In many cases, scheduling a public
hearing before the public requests one saves valuable time in the
modification process and shows a willingness to meet with the
community to  hear its  questions and concerns.

Holding workshops on the proposed remedy would be useful in further
explaining the corrective measures to the community.
     On October 22, 1992 (57 FR 48195), EPA issued a notice of data availability regarding corrective action management units
     (CAMUs) and temporary units. Both types of units were initially proposed under Subpart S. EPA anticipates promulgating
     final CAMU and temporary unit regulations in December 1992. Under this final rule, CAMUs and temporary units may be
     designated by the regulatory agency in the permit prior to or during remedy selection according to the procedures in 40
     CFR 270.41.  Conversely, the facility may request a permit modification to implement a CAMU following the Class 3 permit
     modification process defined in 40 CFR 270.4Z  If approval of a temporary unit or time extension for a temporary unit is
     not requested under a Class 3 permit modification or obtained  under a regulatory agency-initiated modification, the facility
     owner or operator may request approval for a temporary unit according to the procedures for a Class 2 permit modificau
     Note that Subpart S also explicitly proposes the use of 40 CFR 270.41 for specifying the remedy.
Chapter 4:  Corrective Action and ง3008(h) Orders
                                                            Page 4-10

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Step Four:  Final
Selection of Remedy

Required  Activities
Additional Activities
Step Five:
Corrective
Measures
Implementation

Required Activities
Additional Activities
After the public comment period closes, you must review and evaluate
all written and oral comments and issue a final decision on the permit
modification.

You must also send a notice of decision to the facility owner or
operator and any persons who submitted public comments or requested
notice of the final decision and prepare a written response to
comments. This document must include a summary of all significant
comments received during the public comment period and an
explanation of how they were addressed in the final permit modification
or why they were rejected. The response to comments must be made
available through the Administrative Record and the information
repository, if one was established, and must be sent to the facility and
all persons who submitted comments or requested a copy of your
response.

It may be useful to hold a workshop or informal meeting during the
public comment period to inform the public about the proposed
remedy, especially when information about corrective measures in a
draft permit modification is quite technical or the level of community
concern is high.

Once a remedy is selected and a permit modification is approved, the
facility must implement the remedy.  The modified permit schedule of
compliance should include conditions that specify how the corrective
measures are to  be designed, constructed, operated, maintained, and
monitored.
The public can comment on these draft permit conditions during the
permit modification for the selection of remedy.  In addition, any
requested changes to the selected remedy in the modified permit
would be subject to 40 CFR Part 270.41 or 270.42 procedures,
depending on which party initiated the change (e.g., the regulatory
agency or the facility).  While there are no additional required public
involvement activities specific to remedy implementation beyond those
associated with the permit modification, some public involvement
activities may be useful during this phase of corrective action.

As mentioned earlier, the corrective action process often takes years to
complete.  You may want to consider including additional public
involvement activities during corrective measures implementation to
inform the community of the progress of the remedial action, especially
if the public shows concern over the pace and scope of the cleanup
operations.  In  particular, it may be useful to release periodic fact
sheets to the community that report on progress of the cleanup
Chapter 4:  Corrective Action and ง3008(h) Orders
                                                       Page 4-11

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Proposed Required
Activities Under
Subpart S
                               operations.  It may also be helpful to hold an availability session/open
                               house near or on the site of the facility to demonstrate or explain the
                               activities involved in the remedy. You may want the facility to
                               participate in conducting these activities as well.
As part of the public involvement requirements of proposed Subpart S,
the facility must notify all individuals on the mailing list that the con-
struction plans and specifications are available for public inspection.
This information should be placed in the information  repository, if one
has been established. Else, the notice must specify where the plans  and
specifications are available for inspection.
Step Six:
Completion of
Remedy

Required Activities
Proposed Required
Activities Under .
Subpart S
Once a remedy has been completed, the facility owner or operator may
request a permit modification to remove compliance schedules and
other language related to the corrective action from the permit.
Because this is a significant change to the permit, such modification
requests are handled as Class 3 modifications under 40 CFR 270.42.
Accordingly, the facility must issue a public notice and provide a 60-day
comment period and public meeting.  After the conclusion of the 60-
day comment period, the regulatory agency then initiates the permit
issuance procedures of 40 CFR Part 124 for the Class 3 modification.
For example, the regulatory agency will prepare a draft permit
modification, publish a notice allowing a 45-day public comment
period on the draft permit modification, hold a public  hearing on the
modification of requested, and issue or deny the permit modification.
In addition, the regulatory agency will consider and respond to all
written comments received during the 60-day public comment period as
it conducts the activities required by 40 CFR Part 124.
Subpart S explicitly proposes the use of Class 3 permit modification
procedures for requests by facility owners or operators to terminate
corrective action schedules of compliance following the completion of
remedies. If hazardous wastes or hazardous constituents in SWMUs, or
which have been released from SWMUs, will remain in or on the land
after the term of the permit has expired, Subpart S also proposes that
the regulatory agency may require the facility to record a notation in
the Jc"d to the facility property regarding the types, concentrations,
ai d Ir-ations of such waste or constituents.
Chapter 4: Corrective Action and ง3008(h) Orders
                                                         Page 4-L2

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Step Seven:  Interim
Measures
Required Activities
Additional Activities
Public Involvement
Activities Under
ง3008(h)  Orders
The regulatory agency may require an interim measure(s) at the facility
at any time during the RFI or CMS. Interim measures may be required
in situations where contamination poses an immediate threat to human
health or the environment.  They may also be required to prevent
further environmental degradation or contaminant migration prior to
implementing the final remedy.

Specific interim measures may be identified in the permit.  Conversely,
the permit may include general conditions that govern when interim
measures might be required during the course of the corrective action.
In either case, the public can comment on the interim measures
language in the draft permit as part of the permit issuance process.
There are no additional required public involvement activities
corresponding to interim measures beyond those associated with the
permitting process.

It is a good idea to keep the public informed of such  activities by
issuing fact sheets or holding informal  meetings. Because interim
measures can be conducted  at any stage in the corrective action
process, you can incorporate activities related to interim  measures into
the rest of your public involvement program.


The first part of this chapter examined public involvement for facilities
undergoing corrective action in permitting as outlined in  existing
regulations  and proposed Subpart S (50 FR 30798).  RCRA ง3008(h)
provides similar authority for requiring corrective action at non-
permitted RCRA facilities when there is evidence of a release of a
hazardous waste or constituent to the environment. The facility may be
operating under interim status (prior to receiving a permit), or may be
closed or closing under interim status.

The regulatory agency issues ง3008(h) corrective action orders to
facilities either on consent or unilaterally.  A consent  order is issued
when  the facility and the regulatory agency have come to an agreement
about the corrective action,  while a unilateral order is issued to a
facility when the regulatory agency and the facility have been unable  to
agree  about the need for or scope of corrective action.

This section examines how to conduct public involvement for facilities
undergoing corrective action under a ง3008(h) corrective action order.
However, corrective actions  conducted under other authorities (e.g.,
ง7003 orders) should follow  the same public participation procedures.
The corrective action activities discussed here for ง3008(h) orders are
the same as  those discussed  earlier for corrective action in permitting.
Rather than repeat the information provided at the beginning of this
chapter about the steps in corrective action, we will focus on the issues
Chapter 4: Corrective Action and ง3008(b) Orders
                                                         Page 4-13

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relevant to public involvement that distinguish corrective action under a
ง3008(h) order from corrective action in the permitting process.  If you
are not familiar with the corrective action process, read the beginning
of this chapter before proceeding.

In some cases, it may be useful to begin public involvement under
ง3008(h) orders prior to the issuance of the order by assessing the
community's concerns and identifying the most appropriate means  of
addressing those concerns.  (Assessing a community's concerns and
planning for public involvement is  discussed in greater  detail in
Chapter 2.)  The public involvement activities selected for corrective
action under a ง3008(h) order should meet the needs of the
community.  There are three important distinctions, however, between
conducting public involvement in corrective action under a ง3008(h)
order and during permitting:

•    Under a ง3008(h)  order, there may be limitations on the
     regulatory agency's ability to release or discuss certain
     information;

•    No public involvement activities are required under ง3008(h), but
     they are strongly encouraged; and

•    Facilities may agree to conduct public involvement activities under
     a consent order, but under a  unilateral order public involvement
     responsibilities will likely fall  to the regulatory agency.

Limitations on Releasing Information:  When the regulatory agency is
negotiating an order with the facility, confidentiality of certain
information must be maintained. The aim of these negotiations is to
encourage frank discussion of all issues and to try to resolve
differences, thereby allowing the agency to issue an order on consent
rather than unilaterally. Public disclosure of some information could
jeopardize the success of the negotiations.  Therefore,  public
involvement planning must be coordinated with the appropriate staff
working on the enforcement action.

Not being able to fully disclose information to the public can pose
problems, particularly in a community where interest is high and
citizens are requesting information. If interest in the facility is high,
the project manager, project staff,  and the Public Involvement
Coordinator should discuss how to address citizens' concerns without
breaching confidentiality.  At the very least, the public deserves to
know why these limitations are necessary and when and if they will be
lifted.

Further constraints may be placed upon public  involvement if
discussions with the facility break down, and the case is referred to th
Department of Justice (DOJ) to initiate litigation. In  this situation, the
Chapter 4: Corrective Action and ง3008(h) Orders                                               Page 4-14
                                                                                                  i

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                                public involvement planning should be coordinated with the lead DOJ
                                attorney as well.

                                Consent Versus Unilateral  Orders^ If the regulatory agency is issuing
                                a consent order, the agency should consider negotiating with the facility
                                to have it write a public involvement plan (if community interest in the
                                facility is high), or at least conduct public involvement activities  as
                                terms of the order.  If the regulatory agency is issuing a unilateral
                                order, however, circumstances may be such that it is necessary and/or
                                appropriate for the regulatory agency to assume all or most public
                                involvement responsibilities.

                                Strongly Suggested Versus  Required Activities: U.S. EPA's Office of
                                Solid Waste and Emergency Response has issued two directives
                                concerning public involvement in ง3008(h) orders: Directive 9901.3,
                                Guidance for Public Involvement in RCRA Section 3008(h) Actions
                                (May 5,  1987)  and Directive 9902.6, RCRA Corrective Action Decision
                                Documents:  The Statement of Basis and Response to Comments  (April
                                29, 1991).  These directives suggest public involvement activities, even
                                though there are no statutory requirements for public involvement.
                                The directives  suggest the following activities after a proposed remedy
                                has been selected:

                                •    Writing a statement of basis discussing the proposed remedy;

                                •    Providing a public notice that a proposed remedy has been
                                     selected and the statement of basis is available;

                                •    Providing a public comment period (30-45 days) on  the proposed
                                     remedy;

                                •    Holding a public hearing if requested; and

                                •    Writing a final decision and  response to comments.

                                The regulatory agency may consider conducting additional public
                                involvement activities, particularly activities that involve the public early
                                in the corrective action process.

                                Below is a discussion of strongly suggested and other public
                                involvement activities to consider during corrective action under
                                ง3008(h) orders. Again, please note that the type and timing of public
                                involvement activities are generally the same as for corrective action in
                                permitting.
Chapter 4: Corrective Action and ง3008(h) Orders                                              Page 4-15

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Issuance of an Order
Following the RCRA
Facility Assessment
RCRA Facility
Investigation (RFI)
If a RCRA Facility Assessment (RFA) at an interim status facility
indicates a release of hazardous waste or constituents, the regulatory
agency will consider issuing a ง3008(h) order requiring the facility to
begin investigating and cleaning up the contamination.  It may take
many months of discussions with the facility before the order is issued.
In the meantime,  the regulatory agency may assess the  community and
develop a mailing list This list should include local officials;
interested, affected, and potentially affected private citizens; residents
close to the facility (e.g., within a one-half mile radius); and media
representatives.

On the day the order is issued, the administrative record, containing all
information considered by the regulatory agency in developing the
order, is made available for inspection by the public. You may also
want to keeping a copy of the administrative record at  a local library
close to the facility.

You may also consider writing  a fact sheet that gives details of the
order and the corrective action process, or holding an open house or
workshop if there is a high level of interest in the facility.

Following issuance of the order, the facility will conduct an RFI
according to the terms  of the order and approved workplan.  While
public involvement activities are not required for this phase of the
process, you should consider conducting activities for an RFI under a
ง3008(h) order similar  to those you would conduct for  an RFI in a
permit.

The previous section recommended setting up a mailing list and
information repository  at the time the order is issued.  Other suggested
activities include the following:

•    Write two fact sheets: One prepared at the beginning of the RFI,
     summarizing the overall remedial process from start to finish,
     existing contamination at  the facility, possible impacts on the local
     community,  RFI objectives,  any  interim measures being taken or
     planned at the facility, and upcoming events in  the corrective
     action process.  The second fact sheet should be prepared at the
     end of the RFI, and should summarize the final RFI report
     findings;

•    Prepare written notice to potentially affected parties if a release
     of hazardous constituents that exceeds action levels (as defined
     under proposed 40 CFR 264.521) is discovered; and
Chapter 4: Corrective Action and ง3008(h) Orders
                                                           Page 4-16

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Corrective Measures
Study (CMS) and
Remedy Selection
Remedy
Implementation
Corrective  Measures
Implementation and
Completion of Remedy
•    Hold workshops, availability sessions, or open houses to educate
     and speak with the community about the corrective action
     process, as well as how and when community members can
     become involved in the process.

If the RFI indicates that remedial action is necessary, the facility will
conduct a CMS  to identify possible remedies. Once these are
identified and documented in a Corrective Measures Report, the
regulatory agency reviews the report and proposes a remedy. That is a
good time for the regulatory agency to get public comments on the
proposed remedy.  It is current EPA policy to conduct the following
activities:
•    Write a statement of basis to identify and explain the proposed
     remedy;
•    Provide public notice that a proposed remedy has been identified
     and is available for public comment  The notice should be
     published in a major newspaper and broadcast over local radio
     stations;
•    Allow a 30-45 day public comment period on the proposed
     remedy following the public notice. The comment period provides
     the public an opportunity to comment on corrective measure
     alternatives contained in the statement of basis;
•    Hold a public hearing if requested by the public; and
•    Write a final decision and response to comments, which includes
     a summary of substantive comments received during the public
     comment period and an explanation of either how they were
     incorporated or addressed in the remedy selection.  These should
     be placed in the Administrative Record for public review.

Based on the results of the Corrective  Measures Study and public
comment on the proposed remedy, the regulatory agency will select a
remedy for implementation.  If the initial ง3008(h) order did not
include provisions  to implement the selected remedy, a second
ง3008(h) order is issued to require  the facility to design, construct,  and
implement the remedy.

You should consider sending out a summary fact sheet that reviews the
overall progress at the facility during the entire corrective action
process. A summary fact sheet offering the community a synopsis of
accomplishments at the facility may help citizens to understand and
appreciate all  aspects of the corrective action process, including the,
time necessary to carry out all activities. This information may also
serve to instill a sense of trust within the community in your ability to
complete a remedy, and may help pave the way for good relations in
the future between the community  and your agency.
Chapter 4:  Corrective Action and ง3008(h) Orders
                                                        Page 4-17

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                                     Chapter Summary

      In addition to the public involvement activities for RCRA permitting and modifications
      requirements for public involvement related to corrective action in permitting.

      The corrective action process can be divided into seven key steps (with corresponding suggested
      public involvement activities that are currently required or suggested):

      1.   RCRA Facility Investigation

                Update mailing list, if necessary
                Revise public involvement plan
                Develop fact sheets on the investigations
                Hold informal meetings or workshops
      2.
     Corrective Measures Study

          Hold informal meetings or workshops
          Identify a contact person
          Develop fact sheets on the study
          Establish a hotline

3.    Proposed Remedy Selection

          Follow 40 CFR 124 procedures for the permit modification
          Hold workshop on proposed remedy

4.    Final Selection of Remedy

          Send out notice of decision
          Issue response to comments
          Hold informal meetings or workshops

5.    Corrective Measures Implementation

          Develop fact sheets on remedy implementation
          Coordinate  availability session/open house

6.    Completion of Remedy

          Facility may request Class 3 modification to remove schedules of compliance from the
          permit

7.    Interim Measures (can take place anytime in the process)
Chapter 4: Corrective Action and ง3008(h) Orders                                              Page 4-18

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                                 Chapter Summary (cont'd)

      The public can also comment on corrective action schedules of compliance in the draft RCRA
      permit at the time of permit issuance; there are also public involvement activities associated with
      permit modifications.

      Corrective actions can also take place under ง3008(h) orders.

      The type and timing of public involvement activities for ง3008(h) orders are generally the same
      as those for corrective action in permitting.

      There are three important distinctions between conducting public involvement in corrective
      action under a ง3008(h) order and through permitting:

      1.   Under a  ง3008(h) order, there may be limitations on the  release or discussion of certain
           information;

      2.   No public involvement activities are required under ง3008(h) but they are strongly
           encouraged in guidance.  In addition, the regulatory agency may require the facility to
           conduct additional public involvement activities as a term in the order, and

      3.   Facilities may agree to conduct public involvement activities under a consent order,
           however,  under a unilateral order public involvement responsibilities will likely fall to the
           regulatory agency.

      EPA strongly suggests conducting the following minimum activities:

      1.   Developing a mailing list

      After a proposed remedy has been selected:

      2.   Writing a statement of basis
      3.   Providing public notice
      4.   Allowing a 30-45-day public comment period
      5.   Holding a public hearing, if requested
      6.   Making a final decision
      7.   Responding to  comments

      Additional public involvement activities during the various stages of corrective action may be
      helpful.
Chapter 4: Corrective Action and ง3008(h) Orders                                               Page 4-19

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Chapter 4:  Corrective Action and ง3008(h) Orders                                                  Page 4-20

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Chapter  5
Public  Involvement Activities:
How  to  Do  Them
j  ,   ,   ,.               This chapter presents a "how-to" for a broad range of activities that can
                          be used to promote and encourage public involvement in RCRA
                          permitting or corrective action. Public involvement staff in the EPA
                          Regional Offices or in State agencies are the intended audience for this
                          chapter.  However, RCRA technical staff as well as staff at RCRA
                          facilities who may be asked to help with or to conduct specific public
                          involvement activities should also find this chapter helpful.

                          The chapter provides brief summaries of each activity that describe
                          what it is, how and when to conduct it, an estimate of how much effort
                          it requires, and advantages and limitations of using it.  Each summary
                          includes a checklist to help you in conducting the activity.  Examples of
                          public notices and fact sheets are also provided.

                          The activities are grouped into four categories: planning, required
                          activities, additional activities, and meetings.

                          Use this directory to locate specific activities:

                          Planning Activities

                              Community Interviews                              p. 5-3
                              Public Involvement Plan                             p. 5-3
                              Revision of a Public Involvement Plan                 p. 5-11

                          Required Activities

                              Mailing Lists                                    p. 5-14
                              Public Notice                                    p. 5-18
                              Fact Sheets/Statement of Basis                      p. 5-24
                              Public Comment Period                            p. 5-30
                              Public Hearings                                  p. 5-33
                              Notice of Decision                                p. 5-38
                              Response to Comments              *              p. 5-40
Chapter 5:  Public Involvement Activities                                               Page 5-1

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                               Additional Activities

                                    Introductory Notice                                      p. 5-43
                                    Information Repository                                  p. 5-46
                                    Exhibits                                                 p. 5-50
                                    News Releases                                           p. 5-53
                                    Translations                                             p. 5-57
                                    Use Existing Groups/Publications                         p. 5-60
                                    Contact Person                                          p. 5-63
                                    Telephone Contacts                                      p. 5-66
                                    Door to Door Canvassing                                p. 5-69
                                    News Conferences                                        p. 5-73
                                    Facility Tours                                           p. 5-76
                                    Telephone Hotline                                       p. 5-79
                                    Observation Deck                                        p. 5-82
                                    On-Scene Information Office                             p. 5-85

                               Meetings

                                    Informal Meetings                                       p 5-88
                                    Availability Sessions/Open Houses                        p, 5-93
                                    Workshops                                              p. 5-96
                                    Briefings                                               p. 5-101
                                    Presentations                                           p. 5-104

                               The planning activities can assist you in determining which public
                               involvement activities are best for a particular facility. As Chapter 2
                               describes, these activities can be either a small or a large effort.  The
                               required activities listed  above  are discussed in Chapters 3 and 4, which
                               explain where in the permitting and corrective action processes you
                               would conduct these activities.   The additional activities and meetings
                               provide more options for providing information to the community and
                               engaging the public in dialogue about activities at the facility.  These
                               are also referred to in chapters 3 and 4.  Some of the additional
                               activities require very little effort or resources to carry out,  while others
                               require substantial  effort. Design a program to best address the
                               information needs and concerns of the community. You are
                               encouraged to implement interactive activities as much as possible.
Chapter 5: Public Involvement Activities                                                         Page 5-2

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          Planning Activities

          >/ Community Interviews
          >/ Community Evaluation &
            Needs Assessment
          >/ Public Involvement Plan
Schedule:
    OCTOBER 1994
Qj Oct. 3  Interview
Q Oct. 6  Interview
   Oct. 7  Fact Sheet
   Oct. 8  Public Meeting
Q Oct. 15 Press Conference
                             c2n025-4

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Community
Interviews
Description of Activity
Level of Effort
How to Conduct the
Activity
Community interviews are informal, face-to-face or telephone
interviews held with local residents, elected officials, community groups,
and other individuals to acquire information on citizen concerns and
attitudes about a facility.  Information obtained through these
interviews is typically used to assess the community's concerns and
information needs and to prepare a public involvement plan, which
outlines a community-specific strategy for responding to the concerns
identified in the interview process.

Community interviews are a time-intensive activity because of the large
amount of organization required and  time needed for interviews.
Allow approximately four hours per interview for research and
preparation, the interview itself, and follow-up activities.  If time and/or
resources are limited, you  can conduct interviews by phone.

To prepare for community interviews:
1.
                               3.
     Identify potential people to interview. If you have not compiled a
     mailing list, begin by reviewing available files and other documents
     (e.g., newspaper articles) to identify local residents, key state and
     local officials, and citizen organizations that have been involved
     with or expressed concern about the facility.  Other agency staff
     may also be able to  suggest individuals or groups to interview.
     Develop a list of individuals and groups that provides the greatest
     variety of perspectives. Make sure to include individuals who
     tend to be less vocal to balance the views of those who are more
     outspoken.

     Determine how many  interviews to conduct. You are encouraged
     to conduct as many  interviews as possible to obtain a broad range
     of perspectives and  provide sufficient information to develop an
     effective public involvement plan.  However, the actual number of
     interviews is likely to depend on the time and resources you have
     available as well as the community's level of interest  and concern
     about the facility. It is generally desireable to conduct more
     extensive interviews in communities where  the level of concern is
     high.  Alternatively, where the level of interest is low or there has
     already been significant interaction with community,  fewer
     interviews may be appropriate.

     Prepare for the interviews. Before conducting the interviews.
     learn as much as possible about the community and community
     concerns regarding the facility.  Review any available agency files
Chapter 5: Public Involvement Activities
                                                           Page 5-3

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                                     that contain news clippings, documents, letters, and other sources
                                     of information relevant to the facility.  Determine whether the
                                     community has any particular language, geographic, or economic
                                     characteristics that should be addressed.  Prepare a list of
                                     questions that can serve as a general guide when speaking with
                                     residents and local officials. Questions should be asked in a way
                                     that stimulates discussion on a variety of topics, including:

                                     •     General knowledge of the facility. Find out what sort of
                                          information the community has received about the facility.

                                     •     Specific concerns about the technical and regulatory aspects
                                          of activities at the facility.  Determine what the community's
                                          concerns are and what types of information would be most
                                          appropriate to address these concerns.

                                     •     Recommended methods of communicating with the
                                          community. Determine which communications tools are
                                          likely to be most effective — e.g.,  mailings, meetings,
                                          broadcast media.

                                     •     The best public meeting facilities and most relied upon
                                          media outlets.

                                4.    Arrange the interviews. Telephone the people you have selected
                                     to interview and arrange a convenient time and place  to meet.
                                     Ideally, the meeting place should promote candid discussions.
                                     While government and media representatives are likely to prefer
                                     meeting in their offices during business hours, local residents and
                                     community groups may be available only in non-business hours.
                                     Meetings at their homes may be most convenient.

                                During the interviews:

                                1.    Assure interviewees that their statements will remain
                                     confidential. At the beginning of each interview, explain the
                                     purpose of the interviews - to gather information to assess
                                     community concerns and develop an appropriate public
                                     involvement strategy. Explain that while the public involvement
                                     plan will be part of the administrative record established for the
                                     facility, the plan will not attribute specific statements or
                                     information to any individual.  Ask interviewees if they would like
                                     their names, addresses, and phone numbers on the mailing list.

                                2.    Identify other possible contacts.  During the discussions, ask for
                                     names and telephone numbers of other persons who are
                                     interested in activities at the facility.

                                3.    Gather information on  past citizen participation activities.


Chapter 5: Public Involvement Activities                                                        Page 5-4

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     Determine the interviewee's perceptions of past Agency or facility
     public outreach activities.

4.    Identify citizens' concerns about the facility.  When identifying
     concerns, consider the following factors:

     •    Threat to health — Do community residents believe their
          health is or has been affected by activities at the facility?

     •    Economic concerns - How does the facility affect the local
          economy and the economic wellbeing of community
          residents?

     •    Agency credibility - Does the public have confidence in the
          capabilities of the regulatory agency?

     •    Involvement - What groups  or organizations in the
          community have shown an interest in the facility?  Is  there a
          leader who has  gained substantial local following?  How have
          interested groups worked with the agency or facility in the
          past?  Have community concerns been considered in  the
          past?

     •    Media — Have events at the  facility received substantial
          coverage by local, state, or national media?  Do local
          residents believe that the media coverage accurately reflects
          the nature and  intensity of their concerns?

     •    Number affected — How many households or businesses
          perceive themselves as affected by the facility (adversely
          positively)?
                                                                                              or
                                5.   Assess how citizens would like to be involved in the RCRA
                                    permitting or corrective action process.  Briefly explain the
                                    RCRA public involvement process and ask the interviewees how
                                    they would like to be involved and informed of progress made and
                                    future developments at the facility.  Ask what is the best way to
                                    stay in contact with the interviewee. Ask the interviewee to
                                    recommend convenient locations for setting up the information
                                    repository or holding public meetings.  Keep a list of those who
                                    wish to be kept informed.
When to Use                Community interviews should 'je nnducted:
                                     Before developing a public involvement plan to gauge firsthand
                                     the community's level of interest and concerns in the facility.


                                     Before revising a public involvement strategy, because months, or
Chapter 5: Public Involvement Activities                                                        Page 5-5

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Accompanying
Activities
Advantages and
Limitations
     perhaps years, may have elapsed since the first round of
     interviews, and community concerns may have changed.

As the level of community concern increases, so does the need to
conduct more extensive assessments.  If there has been a lot of
interaction with the community and interested parties, agency
information on citizen concerns may be current and active.  In such
situations, it may be acceptable to conduct only a few informal
discussions in person or by telephone with selected, informed
individuals who clearly represent the community to verify, update, or
round out the information already available.

As stated above,  community interviews are conducted to gather
information to develop an appropriate public involvement strategy for
the facility. A mailing list may or may not be in place at  the time
interviews are conducted.  If there is one, it can be used  to identify
individuals to interviews.  If one has not yet been established, the
interviews themselves can provide the basis for the list.

Community interviews can be a valuable source of opinions,
expectations, and concerns regarding RCRA facilities and often provide
insights and views that are not presented in  the media.  In addition,
these interviews may lead to  additional information sources. The one-
on-one dialogue that takes place during community interviews provides
the basis for building a good working relationship, based  on mutual
trust, between the community and agency staff. Therefore, although its
primary purpose  is to gather information, the community interview also
serves  as an important public outreach technique.
                               The major disadvantages of community interviews are that they may be
                               time consuming and resource intensive for agency staff; they could
                               cause unnecessary fear of the situation among the public; and, they are
                               not very useful if you do not talk with the right people - the people
                               who have not identified themselves as well as the more vocal ones who
                               have.
Chapter 5: Public Involvement Activities
                                                           Page 5-6

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                           Checklist for Community Interviews

           Determine number of interviews to be conducted:  	

           Determine dates for interviews: 	
      	   Identify team to conduct interviews:
           Identify individuals to interview

           	   Review facility background files for names of people who have expressed interest

           	   Identify community leaders to contact

           	   Identify city/state/county officials to contact

           Prepare interview questions

           Review background information available about the facility and community

           Set up interviews

           	   Confirm interviews by mail or phone

           Conduct interviews

           	   Ask for additional people to contact

           	   Gather information using prepared interview questions

           Follow-Up

           	   Follow-up interview with a thank you letter

           	   Notify the interviewee when the public involvement strategy is available  in the
                repository
Chapter 5: Public Involvement Activities                                                        Page 5-7

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Public Involvement
Plan

Description of Activity
Level of Effort
How  to Conduct the
Activity
A public involvement plan provides a community-specific plan for
interacting with a community regarding the permitting or corrective
action activities taking place at a RCRA facility. The plan assesses the
level of community interest as well as the types of concerns identified
through community interviews and other sources of information and
recommends specific activities for involving the community in the
RCRA process.

A Public Involvement Plan may take several days to two weeks to
complete. The range of effort depends on the priority of the site and
the complexity of the activities performed at that site.

A Public Involvement Plan is based on information  collected during
community interviews as well as information obtained from other
sources such as file searches and reviews of past media coverage  of the
facility.  This information is analyzed and organized into a community-
specific plan.  Typical sections of a public involvement plan are
outlined below:

•    Introduction ~ several paragraphs clearly explaining the purpose
     of the document.

•    Facility History — several paragraphs to several pages providing an
     overview of the facility, its technical and  regulatory history,  and a
     history of past community concerns and involvement in activities
     at the facility.

•    Community Concerns ~ several paragraphs to  several pages
     summarizing the concerns identified during the community
     interviews.

•    Objectives of the Public Involvement Plan ~ several paragraphs to
     several pages, depending on the objectives, providing a narrative
     of the major objectives of the plan. Objectives typically relate to
     the specific concerns outlined in the previous section.

•    Public Involvement Activities ~ several paragraphs to several
     pages, depending on the plan, describing  the specific activities that
     will be conducted to meet the objectives  outlined in the previous
     section (e.g., meetings, fact sheets, briefings for local officials, etc.)
     and a schedule for conducting these activities.
Chapter 5: Public Involvement Activities
                                                           Page 5-8

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When to Use
Accompanying
Activities
Advantages and
Limitations
•    Appendices — Appendices can be included to provide the mailing
     list, media contacts, and public meeting and information repository
     locations.

The activities in a public involvement plan should be tailored to address
community concerns and needs. The plan should include the kinds of
activities that are discussed in this manual.

The plan should be presented in a public document that serves to
demonstrate to  the community that the agency listened to specific
community concerns and developed a specific program around those
concerns.

Public involvement plans may be prepared:

•    At the beginning of the RCRA process to schedule activities and
     assign responsibilities;

•    After community interviews  are completed.

A public involvement plan cannot be developed without conducting at
least some community interviews. The public involvement plan typically
includes the mailing list and provides the locations of the information
repositories and public hearings.

Public involvement plans establish a record of community concerns and
needs and a set of activities to meet those needs.  Because the plans
are community-specific, they ensure that the community gets the
information they need in a fashion that is most  useful and they assist
the project staff in making the most efficient use of their time when
interacting with the public.

Because the plan represents the Agency's commitment to dedicate
significant resources to the activities specified, Agency staff should
make certain  that resources are available to implement all activities
identified in the plan.

Community concerns can change  significantly and may require that the
public involvement plan be revised periodically. Community interviews
may need to be conducted for each revision.  Therefore, public
involvement plans must be considered to be "evolving" documents.
You should be prepared to  revise activities or expand activities as the
project proceed?.
Chapter 5: Public Involvement Activities
                                                           Page 5-9

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                          Checklist for Public Involvement Plan

           Review facility background file and other information sources

           Review comments gathered during the community interviews

           Write draft public involvement plan

           	   Introduction - explains the purpose of the document

           	   Project History - provides an overview of the project, its technical and regulatory
                 history, and a history of past community concerns and involvement in the project (if
                 available)-

           	   Community Concerns — summary of the concerns identified during the community
                 interviews

           	   Objectives of the Public Involvement Plan -- explains the major objectives of the plan
                 relating to specific concerns outlined in the previous section of the document

           	   Public Involvement Activities — describes the specific activities to be conducted to
                 meet the objectives of the plan and schedule

           	   Appendices — provide information on key contacts, media, public meeting and
                 information repository locations.

           Coordinate internal review of public involvement plan

           Prepare final plan based on comments received during internal review

           Distribute plan to information repositories
Chapter 5: Public Involvement Activities                                                      Page 5.^

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Revision of Public
Involvement Plan
Description of Activity
Level of Effort
How to  Conduct the
Activity
When to Use
Accompanying
Activities
Advantages and
Limitations
Revisions of all or parts of the public involvement plan for a facility
may be done in order to incorporate new information, reflect changes
in community concern, and adjust public involvement activities  to meet
these changes. A revision ensures that the plan remains sensitive to
citizens' concerns through the final phases of a permit determination or
a corrective action. It can also evaluate which public involvement
activities were effective and which were not.

Revision of a public involvement plan  could take  a few days  to a week
to complete.  If additional interviews are needed,  further time may  be
required.

The process for revising a public involvement plan is similar  to the
process for writing the plan initially. Review new information obtained
through new developments at the facility, new community interviews, or
other events.  Evaluate how this new information changes the
community concerns and recommended public involvement activities
outlined in the original plan.  Revise and update the plan accordingly.
Refer to the previous section for further information on the  contents
of public involvement plans.

Public involvement plans should be revised:

•    When a significant change in community concerns or activities at
     the facility occurs (e.g., after a remedy is selected); and

•    At least every two years for longer-term projects.

The response to comments document,  which is prepared  for  major
Agency decisions, is likely to provide some information for assessing
changes in citizen concerns as a result  of Agency  actions. You should
also conduct additional community interviews if you believe that
significant changes in concerns and attitudes have taken place from the
time the initial plan was written.

Revising the plan will help to ensure that the agency continues to
respond to citizens' concerns during long-term projects.  Minor changes
also can help a public involvement planner; for example,  the contacts
list can incorporate changes in addresses, new telephone  numbers,  and
the names of new officials.
Chapter 5: Public Involvement Activities
                                                         Page 5-U

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                                As with the original plan, Agency staff should make certain that there
                                are resources available to implement all activities identified in the
                                revised plan.  Again, attention must be paid to changes in community
                                issues, and activities should be revised accordingly.
Chapter 5:  Public Involvement Activities                                                         Page 5-12

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                   Checklist for Revision of Public Involvement Plan

           Determine need for revision of public involvement plan

           Review facility background file

           Determine the number of interviews to conduct and with whom

           Conduct the interviews

           Draft revisions to the public involvement plan

           	   Introduction - explains the purpose of the document

           	   Project History - reviews activities that have taken place since the initial plan was
                prepared

           	   Community Concerns - reviews concerns outlined in the original plan and describes
                changes that have taken place since the time the intiial plan was written. This
                deiscussion is based on information obtained during community interviews and
                through public comments.

           	   Objectives of the Public Involvement Plan -- explains the major objectives of the plan
                relating to specific concerns outlined in the previous section of the document

           	   Public Involvement Activities — describes the specific activities to be conducted to
                meet the objectives of the plan

           	   Appendices -- updates information on key contacts, media, public meeting and
                information repository locations.

           Coordinate internal review of public involvement plan

           Prepare final plan based on comments received during internal review

           Distribute plan  to information repositories
Chapter 5: Public Involvement Activities
Page 5-13

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Required Activities
   Mailing & Distribution Lists
 >/ Public Notice
 >/ Fact Sheets/Statements of Basis
 >/ Public Comment Period
 >/ Public Hearings
 >/ Notice of Decision
   Response to Comments
                       C2N025-5

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Mailing Lists
Description of Activity
Level of Effort
How to Conduct the
Activity
Mailing lists are both important databases and essential communication
tools. Mailing lists ensure that concerned community members receive
relevant information. They allow an agency to reach broad or targeted
audiences with its messages.  The better the mailing list, the better the
public outreach and delivery of information.  Mailing lists typically
include concerned residents, elected officials, appropriate federal, state,
and local government contacts, local media, organized environmental
groups, facility employees, and local businesses.

It is recommended that you develop an internal distribution list at the
same time you prepare your external mailing list.  The distribution list
should include all technical project staff, public involvement staff, legal
staff, and staff from other affected  programs  (Air, Water, etc.), as
approrpiate.  This list will help ensure that all relevant project staff
receive the same information about all phases of  the project.

A mailing list can be developed in conjunction with other public
involvement activities. Depending  on the size of the list, inputting
information into a computer can take several days.  Updating will
require approximately half a day per quarter.

To develop and update a mailing list, consider the following:

1.    Solicit names, addresses, and phone numbers of individuals to
     be included on the list.  Telephone numbers are useful to have so
     that you can contact these individuals for community interviews
     and to aid you when you update your list.

     Individuals to include in your  mailing list:

     •    The people interviewed  during the community interviews, as
          well as other names these people recommend;

     •    Ail nearby residents and owners of land adjacent to the
          facility;

     •    Representatives of organizations with a potential interest in
          an agency program or action (e.g., outdoor recreation
          f,ife"iizations, commerce and business  groups, environmental
          ri^mzations, health organizations, state organizations,
          universities);

     •    Any individual who attends a public meeting, workshop, or
          informal  meeting  related to the  facility, or who contacts the
          agency regarding the facility;
Chapter 5: Public Involvement Activities
                                                           Page 5-14

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When to Use
Accompanying
Activities
Advantages and
Limitations
     •    Media representatives;

     •    City and county officials;

     •    State and Federal agencies with jurisdiction over wildlife
          resources;

     •    Key agency officials; and

     •    The facility owner/operator.

2.    Review agency background files to ensure all interested
     individuals are included on  the mailing list.

3.    Input information into a computer system so that it can be
     categorized and sorted and  printed on mailing labels.

4.    Send a letter or fact sheet  to the preliminary mailing list
     developed using 1) and 2) above.  Inform key Federal, State, and
     local officials, citizens,  and  other potentially interested parties of
     your activities and the status of upcoming permit applications or
     corrective actions. Ask whether they wish to receive information
     about this facility.  Ask them for accurate addresses and phone
     numbers of other people who might be interested in the project.

5.    Update your mailing list at least annually to  ensure its
     correctness.  Mailing lists can be updated by telephoning each
     individual on the  list, and by using local telephone and city
     directories as references.

A mailing list is a required public involvement activity for permitting
and is included in the proposed Subpart S corrective action rule.

•    Develop a mailing list as soon as possible during the permit
     application phase, or as soon as the need for a RCRA Facility
     Investigation is identified.

•    Update the mailing list regularly.

Develop a distribution at the same time you develop a mailing list.

Mailing lists are useful in identifying individuals to contact for
community interviews.  They are also needed to  distribute fact sheets
and other materials on the facility.

Mailing lists allow RCRA officials to maintain a listing of individuals
and groups interested in activities at RCRA facilities. However,  they
can be expensive and time consuming to develop, and they require
constant maintenance.
Chapter 5:  Public Involvement Activities
                                                           Page 5-15

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                                 Checklist for Mailing Lists

      Mailing List Development:

      	   Verify Agency format (i.e., name, title, company, address, phone number)

      	   Identify people to be included on the list:

           	  City elected officials (mayor and council)

           	  City staff and appointees (city manager, planning director, committees)

           	  County elected officials (supervisors)

           	  County staff and appointees (administrator, planning director, health director,
                committees)

           	  State elected officials (senators, representatives, governor)

           	  State officials (health and environment officials)

           	  Federal elected officials (U.S. Senators, U.S. Representatives)

           	  Federal agency officials (EPA)

           	  Residents living adjacent to facility

           	  Other interested residents

           	  Media

           	  Business groups of associations

           	  Businesses possibly affected by the facility  (i.e., located down-wind of facility)

           	  The facility owner/operator

           	  Consultants working on the project or related projects

           	  Local environmental groups

           	  Other civic groups (i.e., League of Women Voters, government associations, churches,
                homeowner's associations)

           	  State and Federal Fish and Wildlife Agencies
Chapter 5: Public Involvement Activities                                                         Page 5-16

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                         Checklist for Mailing Lists (continued)




       	  Have list typed




       	  Prepare mailing list




       	 Store on computer data base




       Mailing List Updates:




       	  Verify names/addresses by searching telephone directory




       	  Verify names/addresses by searching city directory




       	  Verify names/addresses by calling each individual
Chapter 5:  Public Involvement Activities                                                     Page 5.17

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Public Notice
Description of Activity
Level of Effort
How to Conduct the
Activity
Public notices provide an official announcement of proposed Agency
decisions and provide the public with the opportunity to comment on
the proposed decision.  EPA decisionmaking regulations require the
regulatory agency to give public notice for the following activities:
draft notice of intent to deny a permit application; preparation of a
draft permit  Owner/operators requesting permit modifications  are
responsible for issuing public notices for these modifications. Public
notice requirements vary depending on whether the modification is a
Class  1, 2, or 3 modification (see 40 CFR 270.42).

Separate public notices can be issued to announce public hearings, or
these  notices can be issued as part of the public notice for the agency
decision. RCRA public notices must be published in a daily or weekly
major local newspaper, broadcast over local radio stations, and sent to
all persons on the mailing list.

Preparing a public notice and arranging for  its publication takes a day
or two, depending on the need for review.

To prepare a public notice:

1.   Identify the major media contacts. While there may be many"
     newspapers serving a particular area, use only one or two for the
     public notice. In general, use the newspaper with the widest
     circulation and greatest visibility in order to reach the most people
     and elicit the greatest response. Similarly select radio stations
     that have a large target audience.

2.   Take into account publication schedules.  Many local or
     community newspapers are published on a weekly or bi-weekly
     basis. This may make it difficult to coordinate the publication of
     the notice with the event.  In  such a case, consider using a
     city-wide newspaper that is published  more frequently.

3.   Include the following information in the public notice:

     •    Name and address of the facility owner/operator;
     •    A brief description of the business conducted at the facility
          and the activity that is the subject of the Agency's decision;
          K ซne, address amd telephone number of an individual who
          can be contacted for further information on the action;
     ป    A brief description of the comment procedures and the date,
          time, and place of any hearing;
Chapter 5: Public Involvement Activities
                                                          Page 5-L8

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When to Use
Accompanying
Activities
Advantages and
Limitations
     •    If the permit is issued by EPA, the location of the
          administrative record and the times when it is open for
          public inspection; and
     •    Any additional information considered appropriate.

4.    Announce dates, times, and locations clearly in the public notice.
     When announcing an event such as a hearing, make sure that the
     date and time do not conflict with other public meetings or
     various religious and non-religious holidays.

5.    Provide ample notice. For RCRA permits, the public notice must
     allow at least 45 days for public comment Public notice of a
     public hearing must be given at least 30 days prior to  the hearing.
     Be sure to state the opening and closing dates for the comment
     period.

6.    If possible, review a typeset version of the notice before it is
     published to ensure accuracy.

7.    Arrange with the newspaper to provide you with at least one
     "tear sheet", or proof of publication, for your files.

As stated above, official  public notices are required when the Agency
prepares a draft RCRA permit, proposes to deny a permit, or modifies
the permit.  In addition,  the Agency can use informal public notices to
announce other major milestones or events in the permit review or
corrective action process.

Public notices are used to announce public comment periods and public
hearings.  They can also  be used to announce other meetings and
milestones as well as  the availability of fact sheets.

Public notices are an efficient,  simple means of alerting the public to
important events. However,  public notices should  never substitute  for
other activities that involve direct communication with the  public.
Chapter 5: Public Involvement Activities
                                                          Page 5-19

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                                 Checklist for Public Notice

      	   Compile information to be included in the public notice:

           	   Name of Agency overseeing the permit or corrective action

           	   Name, address, and phone number of contact from whom interested parties may
                obtain additional information

           	   Facility owner/operator and description of facility activities

           	   Purpose of public notice

           	   If applicable, date, time, and location of public hearing (or meeting)

           	   Description of the procedures governing the public's participation in the process

      	   Draft public notice and public service announcement (for radio announcments)

      	   Coordinate review of draft public notice

      	Prepare final public notice

      	   Receive final approval of public notice

      	   Coordinate placement of the public notice in the local newspaper(s), coordinate
           distribution of the public notice to the facility mailing list, and coordinate submission to
           radio stations

      For publication in local newspaper(s):

                Name of Newspaper  Publication Days   Advertising Deadline



      	   Prepare procurement request or advertising voucher for public notice publication

      	   Obtain price quotes (i.e., cost per column inch)

      	   Determine size of public notice 	
      	  Determine deadlines for publication of the public notice

      	  Submit for publication

      	  Request proof of publication; file proof in facility file

      For distribution to the mailing list:

      	  Verify that facility mailing list is up-to-date
Chapter 5: Public Involvement Activities                                                        Page 5-20

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                         Checklist for Public Notice (continued)




      	 Produce mailing labels




      	 Distribute to the mailing list



      For broadcast on local radio stations:




      	 Verify media list



      	 Prepare procurement request or advertising voucher for public notice spots




      	 Obtain price quotes




      	 Distribute to radio stations




      	 Request proof of airing and file in facility file
Chapter 5: Public Involvement Activities                                                     Page 5-21

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                             PUBLIC NOTICE
                              REGARDING
                      U.S.  DEPARTMENT OF  ENERGY
                   ABANDONED INDIAN  CREEK OUTFALL,
                        KANSAS CITY, MISSOURI

       The U.S. Environmental Protection  Agency (EPA)  is seeking
  public comment on the Resource Conservation  and Recovery Act
  (RCRA) Facility Investigation, Corrective Measures Study, and
  Statement of Basis for initiating  contaminated soil  and ground
  water corrective measures at the U.S. Department  of  Energy (DOE)
  Abandoned Indian Creek Outfall subsite  in Kansas  City, Missouri.
  The outfall is just south of the main DOE plant between 95th
  Street and Bannister Road.                             .     .

       Field and test work  conducted in 1987 and 1989  at the
  outfall have demonstrated excessive levels of polychlorinated
  biphenyls (PCBs), surpassing public health and environmental
  standard criteria.  The goal of  the corrective-action proposal is '
  to remove the threat to the public around the outfall area by
  reducing the concentration of PCBs.

       The EPA and the Missouri Department of  Natural  Resources
  concur with DOE's proposed methods of remediation:

       - Excavation and removal of PCB-contaminated soil.

       - The disposal of all non-liquid PCB-contaminated soils by
         placement in an EPA permitted chemical waste  landfill.

       These methods of remediation  are detailed in the "RCRA
  Facility Investigation/Corrective  Measures Study  For the
  Abandoned Indian Creek Outfall"  report  and were selected based on
  the Alternative Rating System.   The Alternative Rating System is
  based on technical, human health,  environmental and  cost-
  effectiveness criteria.

        Citizens will have  the opportunity to  comment  on the pro-
  posal at a public.hearing at 7t?0  p.m.  ??fftgMlt'gT  20.  1990. in the
  Galleon Room pf the Ramada jnr} Southeast. 6101 East  87th Street.
  Kansas City. MO.

       The RCRA law emphasizes the importance  of public input of
  EPA actions at RCRA sites.  A final decision on this remedy will
  not be made until all interested members of  the community have
  had an opportunity to review and comment on  the RCRA Facility
  Investigation, Corrective Measures Study, and Statement of Basis.
  A 45-day public comment period is  open  from   August  22.  1990 to
  October 5. 1990.  Written comments should be submitted to:
                          Kenneth S.  Ritchey
                U.S Lnvironmental Protection Agency
                             RCRA  Branch
                         726 Minnesota Avenue
                     Kansas City,  Kansas  66101" "~~~   ~
Chapter 5: Public Involvement Activities
                                             •   .                 Page 5-22

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      n.  administrate. r.cord fil. i. availabl. for public
 r.viซw  at thซ following location*:
           ^ srid,. Brป=h of  th. Mid-contin.nt Library
            ...—r—S
                         Phone: 816 942-1780
                                 and
                     U.S. EPA Region VII  Library
                         726 Minnesota Avenue
                         Kansas City,  Kansas
                Hours: Monday-Friday,  8 a.m.  - 5 p.m.
                         Phone:  913  551-7241


  (913) 551-7641.
Chapter 5: Public Involvement Activities                                        Page 5-23

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Fact Sheets/
Statements  of Basis

Description of Activity
Level of Effort
How to  Conduct the
Activity
A fact sheet is a brief document summarizing the current status of a
permit application or proposed corrective action.  They present
technical and/or procedurial information in a format that uses clear and
understandable language.  They can vary in length and complexity from
simple two-page documents to 12-page documents complete with
graphic illustrations and glossaries. Fact sheets are required for all
draft RCRA permits and permit modifications.  Statements of basis are
generally shorter than fact sheets and summarize the basis for the
Agency's decision.

Fact sheets are useful for  informing all interested parties about the
basis for the Agency's decision regarding a facility permit or proposed
corrective action activities. They ensure that information is distributed
in a consistent fashion  and that citizens understand the issues
associated with the RCRA programs.

Fact sheets may take from two days to two weeks to write, depending
on their length and complexity.  Allow time for several rounds of
revisions.  Allow three days for printing. Short Cut:  Use already
developed RCRA templates with graphics that are on file at EPA.

The first step in preparing a fact sheet is to determine the information
to be  presented.  EPA decisionmaking regulations require that RCRA
permit fact sheets contain the following types of ifnoramtion:

•    A brief description of the type of facility or activity which is the
     subject of the draft permit;

•    The type and quantity of wastes covered by the permit;

•    A brief summary of the basis for  the draft permit conditions and
     the reasons why any  variances or alternatives to the proposed
     standards do or do not appear justified;

•    A description of the  procedures for reaching a final decision,
     including the beginning and ending dates of the public comment
     period and the address where comments can be sent, and
     procedures for requesting a public hearing; and

•    Name and telephone number of a person to contact ior additional
     information.
        €
                                                                                              i
Chapter 5: Public Involvement Activities
Page 5-24

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When to Use
Accompanying
Activities
Select a simple format for presenting the information. Avoid using
bureaucratic jargon, acronyms, or technical language in the text, and be
concise.

Use formatting techniques to make the fact sheet more interesting and
easy-to-read.  People  are less likely to read a fact sheet consisting of a
solid sheet of typed text than a fact sheet that  has been typeset with
clear, informative illustrations.  Moreover, a well-designed fact sheet
suggests that the Agency takes its public involvement program seriously.

Coordinate the production of fact sheets with technical project staff.
Technical staff should review fact sheets to ensure that the information
conveyed is accurate and complete. Public involvement staff should
review fact sheets to ensure that the communication goals are being
met

Arrange for printing.

Distribute copies of the fact sheet  to the mailing list, place extra copies
at the information repository, and distribute additional copies at public
meetings and hearings.

While fact sheets are  required for draft permits, they can also be
helpful at other times in the permitting and corrective action processes:

•    During technical review of the permit application;

•    At the beginning of a RCRA facility investigation;

•    When findings of the RCRA facility investigation are available;

•    When the corrective action is completed; and

•    When the Notice of Decision is released.

In addition, fact sheets can be written to explain a facility inspection, a
new technology, or an emergency action.

Fact sheets can be particularly useful in providing background
information prior to a pubic meeting or public hearing.

Fact sheets are generally used in conjunction with the mailing list,
public notices, public  comment periods,  and public meetings and
hearings.  However, as stated above, they can be helpful  at almost any
stage in the permitting or corrective action processes.
Chapter 5: Public Involvement Activities
                                                           Page 5-25

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Advantages and
Limitations
Fact sheets are effective in summarizing facts and issues involved in
permitting and corrective action processes. Fact sheets allow the
regulatory agency to communicate a consistent message to the public
and the media.  Produced throughout the permitting or corrective
actions processes, fact sheets serve to educate the public  about the
regulatory process as well as the technical RCRA issues and can aid in
creating a general community understanding of the project.  They can
be produced relatively inexpensively and distributed easily and directly
to the mailing list  In  addition, fact sheets can be tailored to meet
specific information needs identified during community assessments.

However, a poorly written fact sheet can be misleading or confusing.
Fact sheets that are not written in an objective style can be perceived
as being too "persuasive" and considered "propaganda" by mistrusting
communities. Fact sheets also are a one-way communication tool, and
therefore should always provide the  name and telephone number of a
contact person to encourage comments and questions.
Chapter 5:  Public Involvement Activities
                                                           Page 5-26

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                       Checklist for Fact Sheet/Statement of Basis




      	   Determine purpose and focus of fact sheet




      	   Develop outline




           	   Organize contents in a logical manner




           	   Determine appropriate graphics




      	   Verify mailing list is up-to-date




      	   Request mailing labels




      _   Coordinate preparation of fact sheet with technical staff as appropriate




           _   Draft text




           	   Draft graphics




           	   Draft layout




           	   Place mailing coupon on reverse side of mailing label




      	   Coordinate internal review of fact sheet




      	   Incorporate revisions into final fact sheet




      	   Proofread final fact sheet




      	   Arrange printing of fact sheet




           	   Select paper weight, ink color, and color paper




      	   Print fact sheet




      	   Distribute fact sheet to the mailing list and place additional copies in the repository
Chapter 5: Public Involvement Activities                                                       page 5-27

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  FACT  SHEET
  POST-CLOSURE PERMIT
  BLACK HAWK COUNTY LANDFILL
  WATERLOO, IOWA                                          JULY 1990
  The Black Hawk County Landfill has applied for a post-dosure permit relating to the hazardous
  wastes disposed of in the landfill from the time it was opened in the mid-1970s until 1985. The
  U.S. Environmental Protection Agency (EPA) has made a tentative decision to issue the permit.

  The landfill is on Washbum Road in the southern portion of Black Hawk County, Iowa. Wastes
  disposed of in the landfill included hazardous wastewater treatment sludges, bag ho use dust,
  spent solvents, and wastes containing heavy metals.

  Procedures tor Reaching a Rnal Decision: All facilities that treat, store or dispose of haz-
  ardous wastes are required to obtain a permit under the Resource Conservation and Recovery
  Act (RCRA). EPA will make the final decision on the RCRA post-dosure permit after a 45-day
  public comment period. Written comments received during the comment period, the require-
  ments of the hazardous waste regulations, and EPA's permitting policies will be considered.

  When EPA makes a final dedsion, notice is given to the applicant and to each person who
  submits written comments or requests notice of the dedsion.  If none of the commenters re-
  quest a change in the draft permit, the final permit becomes effective when it is issued. If
  changes are requested, the final permit becomes effective 30 days after notice of the dedsion
  or at a later date if a review of the permit is requested.

  Conditions In the Draft Permit:  EPA has induded conditions for monitoring the ground water
  to detect movement of hazardous constituents from the landfill and actions that must be taken if
  these constituents are detected in the ground water. The permit also includes requirements to
  inspect and maintain the cap covering the wastes in the landfill.

  Proposed Permit Availability; The administrative record on the draft permit is available for
  public review. It indudes the draft permit. Black Hawk County Landfill's permit application, and
  other background information.

  The administrative record will be available from July 25 to September 10 at the reference desk
  of the Waterloo Public Library, 415 Commercial, Waterloo, Iowa; the EPA Region 7 Library,
  726 Minnesota Avenue, Kansas City, Kansas; the Iowa Department of Natural Resources, Air
Chapter 5: Public Involvement Activities                                           Page 5-28

-------
   Quality and Solid Waste Protection Bureau, Wallace State Office Building, 900 East Grand,
   Des Moines, Iowa; and the Iowa Department of Natural Resources Region 1 Office,
   209 North Franklin Street, Manchester, Iowa   •

   Opportunities for Public Comment: Citizens are invited to comment on the draft permit.
   The comment period will begin with a public notice in the Waterloo Courier July 25 and end
   September 10,1990.

   Comments must be received during the comment period. Interested citizens will also have an
   opportunity to comment on the draft permit verbally or in writing at a public hearing Tuesday,
   August 28,1990. The hearing will be at 7 p.m. in the Waterloo City Council chambers, 715
   Mulberry Street  All correspondence or questions concerning the draft permit should be di-
   rected to Ken Herstowski, EPA Region 7, RCRA Branch/IOWA Section, 726 Minnesota
   Avenue, Kansas City, KS 66101.  Copies of the draft permit and additional copies of this fact
   sheet may be obtained by writing to Mr. Herstowski, by calling him at (913) 551-7056, or by
   calling Region 7s toll-free Environmental Action Line, (800) 223-0425.

                                         #  # #
Chapter 5: Public Involvement Activities                                               n
                                                                            Page 3-29

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Public Comment
Period

Description of Activity
Level of Effort
How to Conduct the
Activity
When to  Use
Accompanying
Activities
A public comment period is a designated time period in which citizens
can tormally review and comment on the agency proposed course of
action or decision.  Comment periods for RCRA permits  must be at
least 45 days.

There is no specific level of effort for a public comment period.
Estimates of the time required to conduct activities associated with the
public comment period (public notice, public hearing, etc.) are found
elsewhere in this chapter.  The time required to receive, organize, and
determine how to respond to comments will vary depending on the
number of comments received and the complexity of the proposed
action.

Announce the public comment period in a local newspaper of general
circulation and on local radio stations. Public notices must provide  the
beginning and ending dates of the public comment period and specify
where interested parties should send their comments and/or requests
for a public hearing. Refer to the Public Notice summary on page ???
for further information.

A minimum 45-day  public comment period is required for RCRA
permits, including modifications to permits  initiated by the regulatory
agency as well as Class  3 modifications requested by the facility.
Comment periods for Class 1 and Class 2 modifications are discussed in
chapters 3 and 4.

RCRA requires that the agency conduct a  public hearing  if requested
by a member of the public during the public comment period.
Announce the hearing  through a public notice and through a fact
sheet, if one is prepared in advance.  Public comment periods cannot
begin until notice is given.

Comments received during the public comment period must be
discussed in a written Response to Comments.
Chapter 5:  Public Involvement Activities
                                                        Page 5-30

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 A j    t         A             Public comment periods allow citizens to comment on regulatory
Advantages an              agency proposals and to have their comments incorporated into the
T imitiatinnc                  -     ...
Limitations                  formal public rec0rd.
                               However, public comment periods only allow indirect communication
                               between citizens and agency officials because, in some cases, the formal
                               responses to the comments may not be provided for some time.  Also,
                               in some cases, comments may not be responded to individually. A
                               public involvement program should provide other  activities that allow
                               dialogue between agency officials and the community.
Chapter 5:  Public Involvement Activities                                                     Page 5-31

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                        Checklist for Public Comment Period

          Determine dates of public comment period (minimum of 45 days)

          Dates: 	
      	  Determine contact person within the Agency who will answer citizens' questions regarding
          the public comment period

      	  Announce public comment period through a public notice

      	  If requested by a member of the public during the comment period, schedule a public
          hearing

      	  Document with a memo to the file any comments that were not received in written form
Chapter 5: Public Involvement Activities                                                   Page 5-32

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Public Hearings

Description of Activity
Level of Effort
How to Conduct the
Activity
-Public hearings provide an opportunity for the public to provide formal
comments and oral testimony on proposed Agency actions.
Occasionally the Regulatory Agency will present information and
engage in dialogue with the community during a hearing. All testimony
received becomes part of the public record.

Several days to a week may be required to arrange for a public hearing,
including the location, hearing  logistics, and agenda preparation.  Other
activities include preparing the notice for  the hearing, conducting a dry-
run of the hearing, and preparing and copying materials.

To conduct public hearings:

1.   Anticipate the audience and the issues of concern.  Identify the
     audience's objectives, expectations, and desired results.  With this
     information you can determine whether the hearing is likely to be
     confrontational, or if the audience will need more detailed
     information about a permit or corrective action.  If a part of your
     audience does not speak English, arrange for a translator.

2.   Schedule the hearing location and time so that citizens
     (particularly handicapped individuals) have easy access.  Identify
     and follow any procedures established by the local and state
     governments for public hearings.  Ensure the availability of
     sufficient seating, microphones, lighting, and recorders.  Consider
     holding the hearing  in the evening or on a weekend to
     accommodate the majority of concerned citizens.

3.   Arrange for a court reporter to record and prepare a transcript of
     the hearing.

4.   Announce the public hearing  at least 30 days before the hearing
     date.  Provide notice of the hearing in local newspapers and
     mailings to interested citizens.  Make follow-up phone calls to
     interested parties to ensure that the  notice has been received.

5.   Provide an opportunity for people to submit written comments.
     Not all individuals will want to provide oral testimony.  Publicize
     where written comments can be submitted and how they will be
     reviewed.

6.   Provide a transcript of all oral and written comments.
     Announce where the transcript will be available for public review.
Chapter 5: Public Involvement Activities
                                                          Page 5-33

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When to Use
     When requested by a member of the public during a public
     comment period on a permit, closure, or corrective action.  Once
     requested, hearings require a minimum 30-days advance notice.

     Public hearings are usually conducted during the public comment
     period following the issuance of a draft permit, major permit
     modification, or at the selection of a proposed corrective measure.

     Public hearings may be appropriate at other times during the
     process, especially if the level of community concern warrants a
     formal record of communication.
Accompanying
Activities
Advantages and
Limitations
Public notices distributed to the mailing list and published in local
newspapers are used to announce hearings to the public.  If a hearing
is held to solicit comments on either a draft permit decision or
proposed corrective measure, a Response to Comments must be
prepared. This documents all public comments submitted and includes
the agency's responses to these comments.  An educational workshop
may be useful one or two weeks before the public hearing to explain
technical aspects of the proposed decision or corrective measure.

A hearing provides a  record of communication so citizens can be sure
that their concerns and ideas reach the Agency.  Public hearings
generally should not serve as the only forum for citizen input. They
occur at the end of a process that should have provided the public
earlier with access to  information and opportunities for involvement.
Earlier opportunities  should answer most questions and arguments that
are based on emotion or sensationalism, thereby freeing the hearing for
factually based questions.  The  public may be reluctant to become
actively involved in the permit process or corrective action issues.
Meet citizens' needs for information before a formal hearing with
techniques such as fact sheets, small-group meetings, and one-on-one
briefings.

The formality of a public hearing often creates an atmosphere of "us
versus them." There  may be little opportunity to interact with citizens.
This may be frustrating to some.

A high level of citizen concern may precipitate a disorderly public
hearing, because the  hearing provides a platform for citizen groups to
present their positions. The hearing can easily become an adversarial
confrontation. One way to avoid hostility or confrontation is to make
sure the community has had an opportunity  to express concerns in a
less formal setting prior to the  hearing.  More frequent contact with
concerned citizens before a formal public meeting decreases the chance
of confrontations.
                                                                                                 i
Chapter 5: Public Involvement Activities
                                                          Page 5-34

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                               Checklist for Public Hearings

           Determine location(s) for public hearing

           	   Facility name, location    	

           	   Contact person at facility    	

           	   Phone number    	

           	   Occupancy size    	
           	   Handicap accessibility

           	   Features:
                     	Restrooms
                     	Public telephones

                     	Adequate parking
                     	Security
           Determine date, time of public hearing:

           Date:     	

           Time:     	
           Confirm hearing facility availability (if facility not available, determine new facility or new
           hearing date)

           Announce the public hearing through a public notice in at least one newspaper 30 days
           prior to the hearing

           	   Notify key agencies

           Determine presentation requirements

           	   Electrical "outlets

           	   Extension cords

           	   Accessible lighting control panel
Chapter 5: Public Involvement Activities                                                      Page 5-35

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                       Checklist for Public Hearings  (continued)




                Podium




                Stage




                Table(s) and chairs for panel




                Table skirt




                Water pitcher and glasses




                Sound system




                Microphones (stand, tabletop)




                Cables




                Speakers




                Technician/engineers available for hearing




                Visual aids




                Slides




                Slide projector




                Extra projector bulbs




                Rip chart




                Flip chart markers



                Overhead transparencies



                Overhead machine




                VCR and monitor




                Screen




                Table for projection equipment




                Security personnel
i
Chapter 5: Public Involvement Activities                                                      Page 5-36

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                        Checklist for Public Hearings (continued)

           _   Table for court reporter

           	   Registration table

           	   Registration cards

           	   Writing pens

           	   Signs

           	   Miscellaneous supplies:

           	   Scissors

           	   Tape (masking, transparent)

           	   Thumbtacks

           	   Public information materials (fact sheets, etc.)

           Prepare meeting agenda

           Determine hearing participants/speakers
           Prepare opening comments for hearing officer

           Arrange and conduct at least one rehearsal

           Arrange contingency planning, decide what to do if:
             •   more people show up than capacity
             •   the crowd becomes disruptive

           Coordinate with public involvement coordinator on notification of the media

           Set date and time for debriefing following the hearing
Chapter 5: Public Involvement Activities                                                     Page 5-37

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Notice of Decision
Description of Activity
Level of Effort
How to  Conduct the
Activity
When to Use
Accompanying
Activities
A notice of decision presents the agency's decision regarding permit
issuance or denial or modification of the permit to incorporate changes
such as a Subpart S corrective action remedy.

A notice of decision may take several days to write and review,
depending on the complexity. Allow time for several rounds of
revisions.  If you need to develop graphics, such as site maps, allow
time to produce the graphics.

The notice should briefly specify the agency's final decision and the
basis for that decision. The notice should also refer to the procedures
for  appealing a decision.  Notices of decision must be sent to the
facility owner/operator (permit applicant) and each person who
submitted written comments or requested notice of the final  permit
decision.  You may want  to send the notice to other interested parties
as well.  Final permits generally become effective  30 days after the
notice of decision.

•    When a permit decision has been finalized following the 45-day
     public comment period;

•    When the Agency makes its final decision regarding a permit
     modification.

A response to comments document must be issued at the same time the
final permit decision is issued.
Advantages and
Limitations
The notice of decision provides a clear, concise public record of the
decision.  However, the notice of decision should not be a substitute
for other activities that involve direct two-way communication with the
public.
Chapter 5: Public Involvement Activities
                                                         Page 5-38

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                              Checklist for Notice of Decision

       	   Determine contents of the notice of decision

            	  Decision made and basis for that decision

            	 Information on appeal procedures

       	   Coordinate writing the notice with technical and legal staff

            	  Technically accurate

            	  Satisfies statutory requirements

            	  Provides the public with all necessary information in a clear and concise manner

       	   Coordinate internal review of notice of decision

       	   Prepare final notice of decision based on internal review comments

       	  Notify the facility owner/operator and anyone who submitted written comments or
            requested notice of the final decision

       	   Notify other  interested parties of the decision

       	   Place copy of the notice of decision in the  administrative record and the information
            repository
Chapter 5: Public Involvement Activities                                                       Page 5-39

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Response to
Comments
Description of Activity
Level of Effort
How to  Conduct the
Activity
A response to comments identifies all provisions of the draft permit or
modification that were changed and the reasons for those changes.  It
also briefly describes and responds to all significant comments on the
draft permit  that were received during the public comment period.

The response to comments should be written in a clear and
understandable  style so that it is easy for the community to understand
the reasons for  the Agency's final decision and how public comments
were considered.

A response to comments can be a time-intensive activity because of the
large amount of organization, coordination, and review needed.  On
average, allow several hours per comment  for completion, as some
questions may take only a few minutes to answer while others may
involve in-depth technical and legal responses.  In general, preparing
response to comments documents can take from several days for low-
interest facilities to several weeks for high-interest facilities.

There is no required format for preparing  response to comments
documents.  However, several EPA Regions have adopted a two part
approach:

•    Part I is a  summary of commenters' major issues and concerns and
     expressly acknowledges and responds to those issues raised by the
     local community.  "Local community" means those individuals who
     have identified themselves as living in the immediate vicinity of a
     facility.  These may include local homeowners, businesses, the
     municipality, and facility employees.  Part I should be presented
     by subject  and should be written in a clear, concise, easy to
     understand manner suitable for the public.

•    Part II  provides detailed responses to all significant comments.  It
     includes the specific legal and technical questions and, if
     necessary,  will elaborate with technical  detail on answers covered
     in Part I.  It also should be organized by subject.

Think of Part I  as a type of fact sheet for the detailed responses
provided 1,1 "art II. Because both parts deal with similar or
overtyping  issues,  the response to comments should state clearly that
any points of conflict or ambiguity between the two parts shall be
resolved in favor of the detailed technical and legal presentation in the
second part.
Chapter 5: Public Involvement Activities
                                                         Page 5-40

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When to Use
Accompanying
Activities
In order to effectively address all public comments, closely coordinate
the preparation of responses with approriate legal and technical staff.

Also, it is important to be certain that all comments are addressed.  A
system of numbering all comments as they are received and referring to
these numbers in all internal drafts of the response document may help
keep track of them.

In addition, the Response to Comments should include a summary that
includes the following:

•    The number of meetings, mailings, public notices, and hearings at
     which the public was informed or consulted about the project;

•    The extent to which citizen's views wgre taken into account  in
     decision-making; and

•    The specific  changes,  if any, in the project  design or scope that
     occurred as a result of citizen input.

Response to comments documents must be sent to the facility
owner/operator and each person who submitted written comments or
requested notice of the final permit decision.

A response to comments is required for all final permit decisions.


A response to comments usually accompanies the notice of decision.
Advantages and
Disadvantages
A response to comments provides a clear record of community
concerns.  It provides the public with evidence that their input was
considered in the decision process.  The summary also is an aid in
evaluating past public involvement efforts and planning for subsequent
activities.

Comments may be difficult to respond to at times, like when the public
raises new issues, questions, or technical evidence during the public
comment period.  EPA may need to develop new materials to response
to these questions.
Chapter 5: Public Involvement Activities
                                                         Page 5-41

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                         Checklist for Response to Comments
                                                                                            •"


          	   Determine groups, subgroups of comments

          	   Where applicable, paraphrase and summarize comments

          Write a response for each comment, group or subgroup of comments

          Prepare an introductory statement including:

          	   A summary of the number and effectiveness of meetings, mailing, public notices, and
               hearings at which the public was informed or consulted about the project

          	   The numbers  and kinds of diverse interests which were involved in the project

          Prepare a summary statement including:

          	   The extent to which citizen's views were taken  into account in decision-making

          	   The specific changes, if any, in  the project design or scope that occurred as a result of
               citizen input.

          Coordinate internal review of the Response to Comments with all necessary departments
          (public affairs, technical,  legal)

          Prepare final Response to Comments

          Distribute Response to Comments to:

          	   Repository

          	   Facility owner/operator

          	   Each individual who makes written or oral comments

          	   Individuals who asked to receive the Response to Comments

          	   Appropriate Agency Officials

               Administrative Record
                                                                                             i
Chapter 5:  Public Involvement Activities                                                    Page 5-42

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                 Additional Activities
                    Introductory Notice
                 >/ Information Repository
                 >/ Exhibits
                 >/ News Releases
                 >/ Translations
                 >/ Use ExistingGroups/
                    Publications
                 >/ Contact Person
                 >/ Telephone Contacts
                         .

    PROCESO [ >/ Door-to-Door Canvassing
OTORGAMIENT>/NewsCoilferences
        RCRA
>/ Facility Tours
>/ Telephone Hotline
   Observation Deck
   On-Scene Information Office
                                             C29O48-19

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Introductory Notice

Description of Activity
Level of Effort
How to  Conduct the
Activity
When to Use
Accompanying
Activities
An introductory notice explains the agency's permit application review
process or the correction action process and the opportunities for
public involvement in that process.

The amount of time needed to prepare an introductory notice is based
on whether the notice is prepared as a public notice or a fact sheet.  If
prepared as a public notice, allow a day or two for writing, review, and
placement in newspapers. If prepared as a fact sheet,  allow several
days to a week to write  and review, depending on the layout and
graphics used, and several days for printing.

To  prepare an introductory notice:

1.    Determine the best method to explain the permit application
     review or corrective action process. An introductory notice can
     be presented as a public notice, a fact sheet, or a flier distributed
     to the facility mailing list

2.    Prepare and distribute the notice.  Coordinate the writing and
     distribution of the  notice with technical project staff. Take care
     to write the notice avoiding technical terms  and jargon.

3.    Include an information contact. Provide the name, address, and
     phone number of a contact person that the  public can call if they
     have questions or need additional information about the facility.
     You might add a return slip to the notice for people to complete
     and return to the agency if they would like additional information
     or to be placed on the facility mailing list.

An Introductory Notice can be used:

     •     When you find the community knows little or nothing about
          the RCRA process; and

     •     When you need to notify the public of how they can become
          involved in the RCRA process.

Informal meetings, availability  sessions/open houses, or workshops may
be conducted following  release of the notice.
Chapter 5: Public Invoivement Activities
                                                         Page 5-43

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                  ,             An introductory notice informs the public about the agency's permit
Advantages ana             application review process and how they can be involved in the process.
Disadvantages               However, the notice is a one-way communication tool.  A contact
                               person should be identified in the notice so that interested members of
                               the community can call this person if they have questions.
Chapter 5: Public Involvement Activities                                                      Page 5-44

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                             Checklist for Introductory Notice




      	   Determine how you will distribute the notice.




           	   Public notice in newspaper




           	   Fact sheet or flier sent to the mailing list




      	   Prepare draft introductory notice




      	   Coordinate internal review of introductory notice




      	   Write final introductory notice based on comments received during the internal review




      	   Verify facility mailing list is up-to-date




      	   Request mailing labels




      	   Distribute introductory notice
Chapter 5: Public Involvement Activities                                                       Page 5-45

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Information
Repository
Description of Activity
Level of Effort
How to Conduct the
Activity
The information repository is a collection of documents related to the
permit or corrective action.  It is located in a convenient, public facility
such as a library so that interested members of the public can easily
review all relevant information on the facility and the nature of the
proposed permit or corrctive action activities.

Depending on the amount of documentation available, the information
repository may take a week  to establish, including compiling and
indexing documents and arranging for placement in a library or other
location.  Updating may take a day or two every quarter.  A public
notice announcing the availability of the information repository may
take between a day to write, review,  and place in newspapers.

To establish an information  repository:

1.    Determine a suitable location.  One or more locations may be
     identified during community interviews. Typical locations are local
     public libraries, town halls, or public health offices.  Ensure that
     someone is identified as the information repository contact who
     can make sure that the information is kept orderly and accessible.

     Depending on the level of community concern, or the location  of
     the facility relative to the surrounding communities,  more than
     one repository may be  desirable.  For example, if a county seat  is
     several miles from the  RCRA-regulated facility, and county
     officials have expressed a strong interest in the facility, two
     repositories may be advisable: one in the  community closest to
     the facility itself, and the other in the county seat.  At least one
     repository should be open during evening  hours and on weekends.
     The repository should  also be accessible to the handicapped.

2.    Select and deposit the materials to be included in the file.  At a
     minimum, the repository for RCRA activities should include
     copies of the following:

     •    Background information on the company or facility;

     •    Public involvement plan (if developed);

     •    The draft permit;
Chapter 5: Public Involvement Activities
                                                         Page 5-46

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                                    •    Reports prepared as part of the corrective action
                                         investigations, including the RCRA Facility Assssment
                                         (RFA), the RCRA Facility Investigation (RFI), and the
                                         Corrective Measures Study (CMS);

                                    •    Fact sheets prepared on the draft permit or corrective action
                                         plan;

                                    •    Notice of decision;

                                    •    Response to comments; and

                                    •    Copies of relevant RCRA guidance and regulations.

                                    The following materials also are strongly suggested for the
                                    repository:

                                    •    A copy of the Cooperative Agreement, if the state is the
                                         lead agency for the  project;

                                    •    Documentation of site sampling results;

                                    •    Brochures, fact sheets, and other information about the
                                         specific facility (including past enforcement history);

                                    •    Copies of news releases and clippings referring to the site;
                                         and

                                    •    Any other relevant material (e.g., published studies on the
                                         potential risks associated with specific chemicals that have
                                         been found stored at the facility).

                                    The documents should be organized in binders that are easy to
                                    use and convenient for the on-site  repository host.  For projects
                                    that involve a  large number of documents, separate file boxes
                                    should be provided as a convenience to the repository host to
                                    ensure that the documents  remain  organized.

                               3.   Publicize the existence of the repository.  Notify local government
                                    officials,  citizen groups, and the local media of the location of the
                                    project file and hours of  availability.  Newsletters of local
                                    community organizations and church groups are another means of
                                    notifying the public.

                               4.   Keep the repository  up-to-date by  sending new documents to  it
                                    ai ;hey are generated. For some projects that are of high
                                    community interest, or are controversial, several  copies of key
                                    documents may need to be provided so that they can circulate
                                    within the community by being checked out of the repository.
Chapter 5: Public Involvement Activities                                                       Page 5-47

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When to Use                ^ mformatiฐn repository is recommend:
                                         When the regulatory agency requires the facility to establish
                                         an information repository; and

                                         When interest in the facility is high and the public needs
                                         convenient access to relevant facility documents.
Accomoanvinff               The contact Person should be responsible for making sure that all
      .  y   Jo               relevant materials have been filed in the repository.
Activities
Ad  anraaes  and             ^ mfonnat'on repository provides local officials, citizens, and the
          ฐ                     media with easy access to accurate, detailed, and current data about the
Disadvantages               facility. It demonstrates that officials are responsive to citizens' needs
                                for comprehensive information on the facility.

                                An information repository is a one-way communication tool and does
                                not allow for interaction between the agency and citizen. The
                                information repository also includes technical documents, which may be
                                difficult for citizens to understand.
Chapter 5: Public Involvement Activities                                                       Page 5-48

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                          Checklist for Information Repository

      	   Determine location of Information Repository

      	   Establish contact with the director of the location determined above

      	   Mail a letter to the director confirming the location of the Information Repository

      	   Collect and compile the documents to include in the Information Repository

           	   Documents sequentially numbered

           	   Index prepared

                Documents placed in notebooks

      	   Deliver documents to location  determined above

           	   Have location director sign a letter/memo acknowledging receipt of the documents

      	   Place public notice in local newspaper(s) indicating the availability of the Information
           Repository

      	   Update the Information Repository as key public documents are available and at key
           technical milestones
Chapter 5: Public Involvement Activities                                                     Page 5-49

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Exhibits
Description of Activity
Level of Effort
How  to Conduct the
Activity
Exhibits are visual displays such as maps, charts, diagrams, or
photographs.  These may be accompanied by a brief text explaining the
displays and the purpose of the exhibit. Exhibits allow you to illustrate
in a creative and informative display issues such as health risks or
proposed corrective actions.  They make technical information on the
RCRA program more accessible and understandable.

Exhibits may take from one day to one week to write, design and
produce depending on the complexity of the exhibit. Allow time for
review of the exhibit's design and concept. Short Cut:  EPA has
developed a set of generic posterboards that may be used as part of an
exhibit.

To develop and display an exhibit:

1.   Identify the target audience. Possible audiences include:

     •    General public;

     •    Concerned citizens;

     •    Environmental groups;

     •    Media representatives; and

     •    Public officials.

2.   Clarify the subject  Possible subjects include:

     •    The RCRA program or the permit  or corrective action
          process;

     •    Historical background on  the facility;

     •    Public involvement activities;

     •    Corrective action or waste management technologies; and

     •    Health and safety issues associated with the  facility.

3.   Determine where the exhibit will be set up.  If the  general public
     is the target audience, for example, assemble the exhibit in a
     highly visible location, such as a public library, convention hall, or
     a shopping center. If concerned citizens are  the target audience.
Chapter 5: Public Involvement Activities
                                                          Page 5-50

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When to Use
Accompanying
Activities
                               4.
     set up a temporary exhibit at a public meeting, availability
     session/open house, or informal meeting.  An exhibit could even
     be as simple as a bulletin board at the site or staff trailer.

     Design the exhibit and its scale according to the message to be
     transmitted.  Include photos or illustrations. Use text sparingly.
Advantages  and
Limitations
Exhibits can be used:

     •    When level of interest in the facility is moderate to high;

     •    When information to be conveyed can be explained
          graphically;

     •    When staff time is limited and the audience is large;

     •    When a display can enhance other information being
          distributed; and

     •    When displays will be useful over long periods of time and at
          different facilities (e.g., generic posterboards on RCRA
          process).

Exhibits are useful to display at public meetings or public hearings.  If
an observation deck is installed at a site, a nearby exhibit could explain
corrective action or compliance activities underway.

Exhibits tend to stimulate public interest and understanding.  While a
news clipping may be glanced at and easily forgotten, exhibits have a
visual impact and leave a lasting impression. Exhibits also can convey
information to a lot of people with a low level of effort.

Although exhibits inform the public, they are a one-way communication
tool.  One solution to this drawback is to attach blank postcards to the
'exhibit, encouraging viewers to comment or submit inquiries by mail  to
the agency.  Another approach is  to leave the phone number of the
contact who can answer questions during working hours.  However,
these requests must be answered or citizens may perceive the Agency
as unresponsive to their concerns.
Chapter 5: Public Involvement Activities
                                                           Page 5-51

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                                    Checklist for Exhibits

          	   Determine purpose, use of exhibit

               	   Identify the audience

               	   Clarify the message

               	   Determine where and how the exhibit will be displayed

                    	   Free-standing
                    j_   Table-top display
                    	   Will the exhibit need to be easily transported?

          	   Coordinate design and construction with public involvement coordinator (and
               contractors, if available)

               	   Write copy

               	   Determine graphics

               	   Design the exhibit

               	   Coordinate review of the design, text, and graphics

               	   Complete the exhibit based on review comments
Chapter 5: Public Involvement Activities                                                       page 5.52

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News Releases
Description of Activity
Level of Effort
How to Conduct the
Activity
News releases are statements released to the news media that discuss
RCRA-regulated actions. News releases allow the Agency to publicly
announce progress or key milestones in the RCRA process.
News releases can effectively and quickly disseminate information to
large numbers of people. They also may be used  to announce public
meetings, report the results of public meetings, and describe how
citizen concerns were considered in the permit decision or corrective
action.

News releases generally take a day to write, review, and distribute to
the media.

To prepare news releases:

1.    Consult with external affairs personnel who regularly work with
     the local media.  External affairs personnel may be able to assist
     in drafting the news release or provide other helpful suggestions.
     External affairs personnel will also assure that you adhere to
     agency policy on news releases.

2.    Identify the relevant regional and local newspapers and
     broadcast media, and learn their deadlines. Get to know the   ""
     editor and environmental reporter who might cover the issue.

3.    Contact other involved agencies at the Federal, State, and local
     level to ensure that all facts and procedures  are coordinated and
     correct before releasing any statement.

4.    Select the information to be communicated. Place the most
     important and newsworthy elements up front and present
     additional information in descending order of importance.  For
     example, a new release prepared when a draft permit is completed
     should contain the  following facts:

     •   Name of the facility applying for the permit;

     •   Statement of why the activities subject  to the  permit;

     •   Statement of what regulations are being met by the permit;
         and

     •   Next steps.

     Use supporting paragraphs to  elaborate  on other pertinent
     information.  Mention opportunities for public participation (i.e.,
     public meetings, etc.) and contact persons and cite  factors that
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                                                          Page 5-53

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When to Use
Accompanying
Activities
     might contribute to earlier implementation or delays in the
     corrective action or permit processing.  Note the location of the
     information repository or other sources for relevant documents.

5.    Be brief.  Limit the news release to essential facts  and issues.

6.    Use simple language. Avoid the use of professional jargon and
     overly technical words.

7.    Identify the agency issuing the news release. The top of the
     sheet should include:

     •    Name and address of the issuing agency;

     •    Release time ("For Immediate Release" or "Please Observe
          Embargo  Until") and date;

     •    Name and phone number of the contact person for further
          information; and

     •    Headline  summarizing  the action taken.

8.    Send copies of the release to local officials and citizen group
     leaders before  the release is given to the news  media.

News releases can be used:

     •    When significant findings are made at the site or during the
          process;

     •    When program milestones are reached;

     •    When schedules are delayed;

     •    Before a  public meeting to announce subject, time, place:
          and

     •    A news release should not be issued at times when it may be
          difficult to get in touch with responsible officials (e.g., Friday
          afternoons, or the day before a holiday).

News releases can accompany any formal public hearings or public
meetings held by the Agency. They commonly accompany news
conferences. They should include the name of the contact person
should interested reporters want  more information.
Chapter 5: Public Involvement Activities
                                                         Page 5-54

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Advantages  and
Limitations
A news release to the local media can reach a large audience quickly
and inexpensively.  If the name, address, and phone number of a
contact person are included, reporters and possibly interested
community members can raise questions about the information in the
release.

Because news releases must be brief, they often exclude details in
which the public may be interested.  A news release should therefore
be used in conjunction with other methods of communication  that
permit more attention to detail.  A news release is not an appropriate
vehicle for transmitting sensitive information.  In some cases, a news
release can call unwarranted attention to a situation; a mailing to
selected individuals should be considered instead.  Frequent use of
news releases to announce  smaller actions may reduce the impact of
news releases concerning larger agency activities.

News releases also can not  be used in lieu of a public notice.  Certain
activities,  such as the preparation of a draft permit, are subject to
public  notice requirements.  See the Public Notice summary on
page 5-18.
                                                                                                 €
                                                                                                 i
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                                                           Page 5-55

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                                Checklist for News Releases

       _  Coordinate news releases with the Agency Public Affairs Office

       _  Determine purpose of news release

       _  Coordinate writing and distribution of release with the public involvement coordinator

           _  Verify that media mailing list is up-to-date

           _  Request mailing labels

       _  Write draft news release

           _  Type and double space news release

           _  Indicate the source of the news release (i.e., in the upper-left-hand corner, put the
                name and phone number of the person writing the release, along with the agency or
                department name and address)

           _  Provide release instructions (i.e.,  "For Immediate Release")

           _  Date the news release

           _  Write concisely;  avoid technical terms and jargon

           _  Number pages; if more than one page is needed, put " -- more -" at the center
                bottom  of the page that is to be continued; succeeding pages should be numbered and
                "slugged" with an identifying headline or reference (i.e., "EPA -- 2"); when you come
                to the end of the news release, indicate the end with one of the following:    -- 30 --,
                      , or -- END -.
      _  Coordinate internal review of news release

      _  Prepare final news release based on review comments

           Distribute news release to local media
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Translations
DescriDtion of Activity     Translations pro "Je written or verbal information in a foreign language
                               to a predominantly non-English speaking community.  There are two
                               types  of translations:

                                    •    A written translation of materials originally written in
                                         English;

                                    •    A simultaneous verbal translation (i.e., word by word) of a
                                         public meeting or news conference, usually with small
                                         headsets and a radio transmitter.

                               Translations ensure that all community members are informed about
                               activities at a facility and have the opportunity to participate in the
                               decision-making process.
Level of Effort              ^e amount ฐf tmie needed to translate a document depends on the
                               length of the document and the complexity of the information in the
                               document  You should allow at least several days for translation.
How to Conduct the       To develฐP a successfui translation:

Activity                      I    Evaluate the need for a translation.  Evaluate the demographic
                                    characteristics of the community as well as the type of public
                                    involvement activities being planned. Consider whether citizens'
                                    ability to take part in a public involvement activity is limited by
                                    their inability to speak or understand English.

                               2.   Identify and evaluate translation services. A successful
                                    translation depends on the skill of the translator. More problems
                                    may be created than solved if inaccurate or imprecise information
                                    is given.  Many translators will  not be familiar with the technical
                                    terms associated with hazardous materials and few, if any, will be
                                    familiar with the RCRA permitting and corrective action
                                    processes. This problem may be further compounded in  the case
                                    of verbal translations (especially simultaneous translations)  as
                                    there is no time for review or quality control. Thus, it is
                                    necessary to contract someone with experience in translating
                                    technical information. If possible, arrange to have another
                                    person, pr;fei->bly a staff member who can speak or read the
                                    appropri it", fjreign language, check the  translator's work to
                                    ensure that the content and tone are in keeping with the agency's
                                    intent. You also  need to ensure that the translator uses  the same
                                    dialect as those in your intended audience.
                                                                                                 i
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When to Use
Accompanying
Activities
Advantages and
Limitations
3.    Avoid the use of jargon or highly technical terms.  As a matter of
     standard practice,  a staff member should go over in advance all
     technical and RCRA terms that may cause problems with the
     translator.

4.    For verbal presentations, public meetings, and news conferences,
     plan what to say ahead of time.  If the translator has a prepared
     written speech to  work with in advance, there is more time to
     work out any vocabulary "bugs" and thereby reduce the chances of
     faltering over unfamiliar material or making inaccurate word
     choices. If possible, practice with the translator before the actual
     meeting or presentation  date.

5.    Anticipate questions from the audience and reporters, and have
     at least the technical aspects (e.g., chemical names, statistics) of
     the answers  translated in advance.

A translation can  be used:
     •    When a large percentage of the community is non-English
          speaking. A written translation should be provided for fact
          sheets or letters, unless a presentation or public meeting
          would be more appropriate (e.g., the literacy rate among  the
          foreign-speaking community is low).
     •    Verbal translations are  recommended where there is
          considerable concern over the facility, extreme hostility, or
          suspicion of  the lead agency's efforts to  communicate with
          the community members.

The need for translations is usually determined during community
interviews. Translations are generally used for fact sheets, public
notices, presentations, public meetings, public hearings,  and  news
conferences.

Written translations and use of translators ensure that a greater
number of community members can participate effectively in public
involvement activities and therefore provide input  to decisions
concerning the RCRA-regulated process. This effort assures the
community of EPA's sincerity in providing opportunity for public
involvement
Translations are very costly, especially simultaneous translations of
public meetings.  Sentence-by-sentence verbal translations frequently
double the length of public meetings, and may make information more
difficult to present effectively and smoothly.  In addition, very few
translators are familiar  with, much less trained in, the RCRA permitting
and corrective action processes. For facilities having highly volatile  or
sensitive problems, it may be difficult to communicate the lead agency's
position and involve community members in a constructive dialogue.
Chapter 5: Public Involvement Activities
                                                          Page 5-58

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                                  Checklist for Translations

      	   Determine need for translations

      	   Identify translation service or identify staff to provide translating services

      	   Fact sheet translations

           	   Provide English text (including text for graphics, headlines, fact sheet flag)

      	   Meeting translations

           	   Determine if translation will be simultaneous or if translations will occur following
                statements.

           	   If simultaneous, provide audio equipment for translator/participants

           _   Prepare list of technical and RCRA terms that will need to be translated

           	   Prepare, in advance with the translator, presentations, responses to questions
Chapter 5: Public Involvement Activities                                                         Page 5-59

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Using Existing
.Groups/Publications

Description of Activity
Level of Effort
How to Conduct the
Activity
You can use the publications and mailing lists of established local, civic
or community organizations as vehicles to inform a community of site
activities.

Identifying and using existing groups and their publications may take
approximately two to four hours each  time you determine the need to
use these publications.

To use existing groups/publications:

1.    Identify existing groups and publications. Groups that may help
     to publish information to the community or in organizing meetings
     include:

     •    Local civic or environmental groups;

     •    Rotary clubs;

     •    Church organizations;

     •    Local trade associations, farmers' associations, and
          cooperatives;

     •    The League of Woman Voters; and

     •    Local water companies or other independent agencies or
          utilities.

     Some types of appropriate publications may include:

     •    Newsletters, newspapers, magazines, or bulletins;

     •    Newsletters of homeowners' associations; and

     •    Local/community independent or commercial newspapers.

2.    Contact groups/editors to determine if they are willing to provide
     mailing lists, publish site information, or organize meetings.
     Just as  important is the need to determine whether such groups
     are appropriate for communicating agency information.  By
     publishing information through a group that has a specific political
     interest or bias, the agency may be perceived as endorsing these
     views.  Groups that are "friendly" also may be inappropriate if
     they appear to  represent the agency's interests.
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                                                         Page 5-60

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When to Use
Accompanying
Activities
Advantages and
Limitations
     Make sure that the relationship between the Agency and any
     group is clearly understood by both the group itself and by the
     public.

Use existing groups and publications:

     •    When the RCRA process starts, to establish contacts  and
          develop a mailing list;

     •    When meeting announcements or brief, non-technical
          statements,  are distributed; and

     •    When resources for production of your own publications are
          limited.

Existing groups and their publications may be useful for identifying
individuals for purposes of community interviews, mailing lists, and
door-to-door canvassing efforts.

The principal benefit of using existing groups and publications is that
they provide access to an established communication network. Less
time and expense will  be needed to develop mailing lists and to
organize meetings.

Working too closely with existing groups, or working exclusively  with
just one group, may be misperceived by other groups within the
community.
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                                                          Page 5-61

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                   Checklist for Using Existing Groups/Publications

           Identify existing groups and publications

           	   Contact existing groups

           	   Determine if the publication editors are willing to provide mailing lists or publish site
                information

                	 Document  all calls

           Provide information to the groups as it becomes available
Chapter 5:  Public Involvement Activities                          .                           Page 5-62

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Contact Person
Description of Activity
Level of Effort
How to Conduct the
Activity
When to Use
The contact person is one designated staff member who is responsible
for responding to questions  and inquiries from the public and the
media.

The amount of time that the contact person spends responding to
citizen concerns and questions will depend on the level of interest the
community has regarding the faculty's permit or corrective action
activities.  A contact person may spend several hours a day responding
to citizen inquiries if there is high to moderate interest in the facility's
RCRA activities.

Designate a contact person  for each permit or corrective action who
will respond to citizens' requests for information, answer their
questions, and address their concerns on any aspect of the permit or
cleanup process.  If citizens  are able to interact with the same staff
person throughout the RCRA process, they may gradually develop
more  trust and confidence in Agency actions.

When a contact person is assigned to a facility:

1.   Send out a  news release announcing the contact person to all
     local newspapers, radio stations, and television stations.  Include
     the contact person's telephone number and mailing address in all
     news releases, fact sheets, and mailings. Include in these
     publications a self-mailer,  which can be a separate flyer or a
     designated cut-a-way section of the fact sheet that is addressed to
     the contact person and leaves room for interested people to
     request more information or write their comments.

2.   Give all agency staff members and liaisons of other offices who
     are involved with the facility the name, address, and phone
     number of the contact person. Let staff members know they may
     be approached for information and that they should coordinate
     the release  of information with the contact person.

3.   Keep a log  book of all citizen  requests and comments received by
     the contact person, and how each one was handled. This will help
     to assure that incoming requests are not filed and forgotten.  This
     log book also provides another record of issues  and concerns.

A contact person should be designated for every facility at the outset of
the RCRA process.
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                                                          Page 5-63

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Accompanying
Activities
Advantages and
Limitations
Designation of the contact person should be announced in news
releases and fact sheets. The contact person also should be responsible
for making sure that the facility's information repository, if required, is
kept up-to-date.

A contact person can assure citizens that the Agency is actively
listening to their concerns and can provide the community with
consistent information from a reliable source.

The contact person may not have the authority to resolve all of the
concerns raised by citizens; his or her role may be limited to providing
information and  facilitating communication between appropriate
Agency staff and citizens. If, for any reason, the identity of the contact
person changes, it is important to inform the community about this
change quickly and to designate a replacement as soon as possible.
Chapter 5: Public Involvement Activities
                                                          Page 5-64

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                              Checklist for Contact Person                               ,. ^^
           Determine agency official to serve as contact person for the facility:
      _   Notify media of the name, mailing address, and phone number of the contact person

      _   Inform all agency staff members and liaisons of other offices who are involved with the
           facility

      _   Have contact person maintain a log book of all citizen requests and comments received
Chapter 5: Public Involvement Activities                                                      Page 5-65

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Telephone Contacts
Description of Activity
Level of Effort
How to  Conduct the
Activity
When to Use
Accompanying
Activities
Telephone contacts can be used to gather information about the
community and to update State and local officials and other interested
parites on the status of permitting or corrective action activities.

Telephone contacts can be a time-intensive activity, depending on the
nature of the call. Allow several hours per call when gathering
information.

In making telephone contacts:

1.   Know exactly what information to request or give out  Plan
     carefully what you want  to say or what information you would like
     to obtain from these individuals.  Refer to the summary on
     community interviews (page 5-2)  for informaton on how to
     conduct these interviews.

2.   Conduct telephone calls and take notes for your files.

Telephone contacts may be used:

     •   In the early stages of the RCRA actions to identify key
         officials or citizens  who have a high interest in the facility;

     •   To gather information when face-to-face community
         interviews are not possible;

     •   When new and time-sensitive material becomes available;
         and

     •   When there is a high level of community interest in the
         facility, and it is important to keep key players informed.

Telephone contacts are usually made to arrange or conduct community
interviews, develop mailing lists and arrange for other public
involvement  activities such as  news briefings, informal meetings, and
presentations.
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                                                        Page 5-66

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 .  ,               ,             Telephone calls can be an inexpensive and expedient method of
Advan   g   an              acquiring initial information about the facility. Once the initial
Limitations                  information has been gathered, telephone contacts are a quick means
                               of informing key people about facility activities and for monitoring any
                               shifts in community concerns.

                               Residents initially may feel uncomfortable discussing their concerns and
                               perceptions over the telephone with a stranger.  Once residents have
                               met agency staff in person, however,  they may be more open and
                               willing to discuss their concerns during follow-up telephone calls.
 Chapter 5: Public Involvement Activities                                                      Page 5-67

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                             Checklist for Telephone Contacts




       Initial telephone contacts:




       	  Identify individuals to contact:




           	   State officials




           	   Local officials




           	   Concerned citizens




           	   Media




           	   Environmental  groups




       	  Prepare information  to discuss on telephone




           	   Prepare questions for individuals to answer




           	   Prepare information that you can give them




       	  Keep a log book of information received/given






       Ongoing contacts:




       	  Maintain up-to-date  telephone contact list




       	  Prepare information  to discuss on telephone before each set of calls
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Door-to-Door
Canvassing
Description of Activity
Level of Effort
How to Conduct the
Activity
Door-to-door canvassing allows you to distribute information by calling
on community members individually and directly to provide fact sheets
or other materials and discuss the facility.

Door-to-door canvassing is a very time intensive activity because of the
number of staff needed to conduct the canvassing and the amount of
time you will need to plan for the canvassing.  You will need to send
canvassers in pairs in areas where there may be a lot of contention or
in high crime areas.  Allow at least a day to plan for  the door-to-door
canvassing. This includes identifying the area to be canvassed,
determining the amount of staff needed, and notifying area residents.
The amount of time spent canvassing will depend on the size of the
area to be canvassed.

A door-to-door canvass involves training staff to gather information,
answer questions, and to communicate with a possibly irate or
suspicious public.

Procedures to follow in preparing a door-to-door canvass include:

1.   Identify the area where canvassing is necessary or desirable.
     Determine the area  where special information must be given or
     collected. This area may range from just a few streets to several
     neighborhoods.  Determine if there is a need for a translator or
     materials in languages other than English.  Also determine when
     it is likely that people will be at home; the canvassing may have to
     be conducted in the evening.

2.   If time permits, notify residents in the designated area that staff
     members will be calling door-to-door in the area and explaining
     when canvassers will be in the neighborhood and the purpose of
     the canvassing program. Advance notice will reduce the
     suspicions of residents and encourage their cooperation.  Also,
     notify city officials so they are aware of the door-to-door
     canvassing.

3.   Provide canvassers with the information they will need to know
     to respond to questions. Residents will want to know what is
     happening at the facility and may have questions about possible
     health effects associated with various activities. Distinguish
     between the types of questions that a canvasser may answer (i.e.,
     questions concerning the schedule of activity) and the types of
     questions that should be referred to  technical staff (e.g., highly
     technical questions concerning hazardous waste or agency
                                                                                                 i
Chapter 5:  Public Involvement Activities
                                                          Page 5-69

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                                    policies).  Provide canvassers with written fact sheets or other
                                    written materials.

                               4.   Canvass the designated area.  Note the name, address, and
                                    telephone number of residents requesting more information.
                                    Note also the names of those who were especially helpful in
                                    giving information.  Be prepared to  tell residents when they will
                                    next be contacted and how (i.e., by telephone, by letter, or in
                                    person). All canvassers should have an official badge to  identify
                                    themselves to residents.

                               5.   Send a thank-you letter after the canvass to all residents in the
                                    canvassed area.  If possible, provide information concerning recent
                                    developments and any results or pertinent information gathered
                                    by the canvass.  Respond to special  requests for information
                                    either in the thank-you letter or by  telephone.
When rn I ke               Door-to-door canvassing may be used:
                                         When there is a high level of concern about the site, but
                                         meetings cannot be scheduled;

                                         When you need to reach a specific group of people for a
                                         specific purpose, such as getting signatures to allow access to
                                         properties adjacent to the facility;

                                         When the area has a low literacy rate and written materials
                                         aren't useful to the community;

                                         When the area consists of a population whose primary
                                         language is not English, but it is important to pass
                                         information to the area; and

                                         When there is an emergency situation that the community
                                         needs to know.
Arrnmnanvina              Telephone contacts and community interviews may help to identify
                               appropriate areas for canvassing efforts.  Canvassers should add to the
                               mailing list names of individuals who either requested additional
                               information or provided particularly useful information.
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AH    tapes and
        .  ฐ
Limitations
                                           involves face-to-face contact, thereby ensuring that
                               citizens' questions can be directly and individually answered.
                               Canvassing demonstrates to the community that you are committed to
                               public involvement, and is a very effective means of gathering accurate,
                               detailed information.

                               This technique is very time-consuming and costly, even in a small area.
                               Furthermore, trained people that can answer questions at the necessary
                               level of detail  are not typically available for this activity. This activity is
                               not recommended for the dissemination of information except in an
                               emergency.  This high level of direct contact can raise more concerns
                               rather than allay them.

                               The safety and security of the canvassers also should  be taken into
                               account when  planning this activity.  You may need additional staff so
                               that people can work in teams to two or three people or you  may need
                               to hire security to travel with your  staff.
Chapter 5: Public Involvement Activities
                                                                                          Page 5-71

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                          Checklist for Door-to-Door Canvassing

       	   Identify area where canvassing will be conducted

            	   Prepare maps for each team  of canvassers

            	   Send a letter to residents announcing canvassing
                 	   Prepare  mailing list utilizing city directory (section listing residences by street
                      address)
                 	   Prepare  letter; coordinate internal review

            	   Determine security needs of  canvassing team

       	   Prepare any information (i.e., fact sheets) that canvassing team may provide to interested
            residents

       	   Identify staff to conduct canvassing and have official badges made to identify them

       	   Brief staff on canvassing effort

            	   Provide staff with a copy of letter sent to residents

            	   Tell staff what kinds of questions they may answer and provide them with information
                 (i.e., questions concerning the schedule of activity)

            	   Tell staff what kinds of questions they should refer  to an agency specialist (i.e.,
                 technical questions)

            	   Provide staff with prepared maps

       	   Canvass designated areas

            	   Note the name,  address, and  telephone number of residents requesting more
                 information

       	   Sent thank you letter to  all residents in  the  canvassed area
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News Conferences
Description of Activity
Level of Effort
How to Conduct the
Activity
News conferences are information sessions or briefings held for
representatives of the news media and open to the general public.
News conferences provide  all interested local media and members of
the public with accurate information concerning important
developments during a RCRA-regulated process at the same time.
Enlist the aid of the Regional Public Affairs Office as media contact
should be coordinated through the Public Affairs Office rather than the
RCRA Program Office,

Allow one to two days to prepare for, rehearse, and conduct a news
conference.

To conduct news conferences:

1.    Coordinate all media activity through the agency  public affairs
     office. Public affairs personnel will assure that you adhere to
     agency policy on news conferences.

2.    Evaluate the need for a news conference. Use this technique
     carefully because statements made during a news conference may
     be misinterpreted by the media.  For reporting the results of site
     inspections, sampling  results, and preliminary information other
     public involvement techniques such as fact sheets, news releases,
     and public meetings may be more appropriate.  A news
     conference announcing preliminary results of technical studies
     may unnecessarily  add to public concerns about the facility.

3.    Notify members of the local and regional media of the time,
     location, and topic of the news conference.  Local officials also
     may be invited to attend, either as observers or participants,
     depending upon their interest. Including local officials  at a news
     conference underscores the agency's responsiveness and
     commitment to  a community's interests and concerns.

4.    Anticipate reporters'  questions and have your answers ready.
                               5.    Present a short, official statement, both written and spoken,
                                    about developments and findings.  Explain agency decisions by
                                    reviewing the corrective action and identifying the next steps.
                                    Use visual aids, if appropriate. Live conferences leave no room
                                    for mistakes so preparation and rehearsal is very important.

                                    Open the conference to questions, to be answered by agency
                                    officials, local officials, and any other experts present. Have
                                    technical staff on hand to answer any technical questions. Decid
                                    ahead of time who will answer what types of questions.
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                                                          Page 5-73

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When to Use
Accompanying
Activities
Advantages and
Limitations
News conferences can be used:

     •    When time-sensitive information needs to reach the public,
          and a news release may not be able to address key issues for
          the community;

     •    When staff are well-prepared to answer questions; and

     •    During any phase of the permit application or corrective
          action.

News conferences can be held before or after formal public hearings or
public meetings. They are usually accompanied by news releases.
Exhibits, telephone contacts, briefings, and mailing lists would
contribute to the planning and effectiveness  of a news conference.

News conferences provide a large public forum for the agency to
announce  plans and developments.  They also are an efficient way to
reach a  large audience. A written news release can help ensure that
the facts are presented accurately to the media. During the question
and answer period, the agency spokesperson(s) can demonstrate
knowledge of the facility and may be able to improve media relations
by providing thorough, informative answers to all questions.

A news  conference can focus considerable attention on the situation,
potentially causing unnecessary local concern.  Residents may not
welcome the  increased attention that such media coverage is apt to
bring. News  releases or other lower-profile means of disseminating
information should be considered as alternatives.

A risk inherent in news conferences is that the media can take
comments out of context and create false impressions.  This risk is
heightened when staff are unprepared or when  the conference is not
properly structured or unanticipated questions are asked.
Chapter 5: Public Involvement Activities
                                                         Page 5-74

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                             Checklist for News Conferences




      	   Coordinate news conference with the Agency Public Affairs Office



      	   Determine purpose of news conference



      	   Identify staff to make presentations/answer questions at news conference



      	   Prepare visual materials (i.e., exhibits) and handout materials (i.e., fact sheets)



      	   Prepare responses to "anticipated" questions from the media



      	   Coordinate a rehearsal of all presenters



      	   Determine date, time, location of news conference



           	   Is the location large enough to accommodate the media?



      	   Notify local media of news conference in advance of news conference



      	   Call the local media the day before the news conference as a reminder




      	   Conduct the news conference



           	   Set up room with a speakers table,  chairs for the audience



                Have handout materials available when media arrive
Chapter 5: Public Involvement Activities                                                      Page 5-75

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Facility Tours
Description  of Activity
Level of Effort
How  to Conduct the
Activity
Facility tours are scheduled trips to the facility for media
representatives, local officials, and citizens during which technical and
public involvement staff answer questions. Facility tours increase
understanding of the issues and operations at a facility and the RCRA-
regulated process underway.

Facility tours generally take a day to plan and conduct.
To conduct facility tours:
                                          r
1.    Coordinate tours with the facility.

     •    Determine tour routes;

     •    Check on  availability of facility personnel, if needed; and

     •    Ensure that the tour complies with the safety plari for the
          site.

     If it is not possible to arrange tours at the facility, perhaps it
     would be possible to arrange a tour at one like it.  Interested
     community members may benefit from touring a facility that has
     similar operations or where similar technologies have been
     applied. Touring a RCRA-regulated facility can give residents a
     clearer perception of what to expect at their own site.

2.    Develop a list of individuals that might be interested in
     participating in  a tour, including:

     •    Individual  citizens or nearby residents who have expressed
          concern about the site;

     •    Representatives of public interest or environmental groups
          that have expressed interest in  the site;

     •    Interested local officials;

     •    Representatives of local citizen or service groups; and

     •    Representatives of local newspapers, television stations, and
          radio stations.

3.    Determine the maximum number that can be taken through the
     facility safely.  Keep the group small so that all who wish to ask
     questions may do so. Schedule additional tours  as needed.
Chapter 5: Public Involvement Activities
                                                          Page 5-76

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When to Use
Accompanying
Activities
Advantages and
Limitations
4.   Think of ways to involve tour participants.  A "hands-on"
     demonstration of how to read monitoring devices is one example.

5.   Anticipate questions. Have someone available to answer
     technical questions in non-technical terms.

Tours may be conducted:

     •    When there is moderate to high interest in the facility,
          especially among elected officials;

     •    When it is useful to show activities at the facility to.increase
          public understanding or decrease public concern;

     •    When it is practical and- safe to have people on facility
          grounds;  and

     •    During the remedial phase  of corrective action.

Fact sheets and exhibits and presentations complement facility tours.
An observation deck near the facility would allow them to watch the
progress of activities on their own. An on-scene information office
would allow for an agency official to be around and for less formal
tours of the facility. An alternative to a facility tour would be a
videotape showing activity and operations at the facility.  This would be
effective in cases where tours cannot be conducted for safety or other
reasons.

Facility  tours familiarize the media, local  officials, and citizens with the
operations and  the individuals involved in the permitting  or corrective
action.  Unreasonable fears about the risks of the facility may be
dispelled,  as might suspicion of corrective action crews working at the
facility.  The result is often better understanding between the
community and the  agency.

Facility  tours require considerable staff time to arrange, prepare, and
coordinate.  Staff may have difficulty gaining site access for non-agency
people.  Insurance regulations for the facility and liability, safety  and
injury considerations may make tours  impossible.
Chapter 5: Public Involvement Activities
                                                           Page 5-77

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                                 Checklist for Facility Tours




       	   Determine need for facility tours




       	   Coordinate tours with the facility




            	  Tour routes




            	  Facility personnel




            	  Tour dates




            	  Compliance with health and safety




       	   Determine maximum number of people that can be taken on the tour




       	   Notify interested citizens on availability of facility tours




            	  Call interested citizens




            	  Distribute mailing to facility mailing list




            	  Have citizens respond and reserve space on the tour




       	   Determine plant staff or agency staff to conduct tour




       	   Prepare responses to anticipated questions




       	   Conduct tours




       	   Follow-up on any requested information from interested citizens
Chapter 5: Public Involvement Activities                                                        Page 5-78

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Telephone Hotline
Description of Activity
Level of Effort
How to Conduct the
Activity
When to Use
A hotline is a toll-free telephone number in an agency office that
provides citizens with an opportunity to ask questions and obtain
information promptly about RCRA activities.

The amount of time spent on the telephone hotline responding to
citizen concerns and questions will depend on the level of concern the
community has regarding the facility's permit or corrective action
activities.  You may spend several hours a day responding to citizen
inquiries if there is high to moderate interest in the facility's RCRA
activities.

To install a telephone hotline, either as a semi-permanent fixture
(available throughout the permit review or corrective action process) or
as a temporary measure (installed at the time of major community
feedback, such as the public comment period):

1.   Assign one or more staff members to handle the hotline calls.
     Consider installing more than one line to  minimize citizens
     reaching a busy signal when they call.  If staff are not available
     throughout the day, install an answering machine directing citizens
     to leave their name, number,  and brief statement of concern, and
     informing them that an agency official will return their call
     promptly.  Check the answering machine for messages  at least
     once a day. If the level of concern is high, check for messages
     more frequently.

2.   Announce the telephone hotline in news releases to local
     newspapers, radio stations,  and television  stations, and  in fact
     sheets, publications, and public notices.

3.   Keep a written record of each question, when it was received,
     from whom, and  how and when it was answered. All questions
     and inquiries should be responded to promptly (within 24 hours)
     if an answer cannot be given immediately. Be diligent in following
     up requests for information and tracking down accurate, direct
     responses.

A telephone hotline may be used:

     •    W ",n community interest or concern is moderate to high;

     •    When emergencies or unexpected events occur, or when a
          situation is changing rapidly;
Chapter 5: Public Involvement Activities
                                                         Page 5-79

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Accompanying
Activities
Advantages  and
Limitations
     •    When there is a high potential for citizen complaints (e.g.,
          about dust or noise);

     •    Where literacy rates are low and written information must be
          supplemented; and

     •    Where the community is isolated and has little opportunity
          for face-to-face contact with project staff (e.g., rural areas,
          areas far from Regional offices).

The hotline can supplement all other public involvement activities.
A hotline can provide citizens with a relatively quick means of
expressing their concerns directly to the agency and getting their
questions answered.  This quick response can help to reassure citizens
that the agency is listening to their concerns.  A telephone hotline also
can help monitor community concerns.  A sudden increase in calls
could indicate that additional public involvement efforts may be
warranted.

Citizens calling the hotline must receive responses to their questions or
concerns quickly, or they may become frustrated with the agency.  If
the number of calls is large, responding quickly to each inquiry could
prove burdensome to agency staff.  Furthermore, dialing a hotline
number and receiving a recorded message on the hotline could irritate
or alienate some members of the public.
Chapter 5: Public Involvement Activities
                                                          Page 5-80

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                              Checklist for Telephone Hotline




           Determine need for telephone hotline



           Identify staff responsible for answering calls



           	   Have staff maintain a log of all calls and responses



           Install telephone hotlines/answering machines



           Notify interested citizens of availability of telephone hotline




           	   Public notice



           	   Fact sheet



           	   Mailing to facility mailing list



           Coordinate staffing of hotline



           Follow-up on calls to  hotline
Chapter 5: Public Involvement Activities                                                        Page 5-81

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Observation Deck
Description of Activity
Level of Effort
How to Conduct the
Activity
When to Use
An observation deck is an elevated deck on the facility property, near
the area where corrective or RCRA-regulated activities are in progress.
The deck allows interested citizens to observe facility activities or
corrective actions directly in order to remove some of the unfamiliarity,
and hence fear, that may encompass RCRA-regulated activities.

An observation deck may be a time-intensive activity depending on the
deck's hours of operation. You could spend up to 40 hours a week
staffing the deck. Short Cut:  Consider hiring a contractor  to staff the
deck.

To use an observation deck:

1.    Decide whether or not an observation deck is needed  or
     desirable. Gauge community interest in  the facility and whether
     or not there is a location for a deck that would facilitate
     observation.

2.    Coordinate the observation deck with the facility. Determine the
     best location for the observation deck keeping in mind safety
     issues.  Coordinate construction of the deck.

3.    Coordinate staffing of the observation deck.  Determine the
     hours of operation for the observation deck.  Identify  staff to
     supervise the observation deck and prepare staff to  answer
     questions from the public.

4.    Announce the availability of the observation deck.  Notify the
     community that the deck is available through public notices, fact
     sheets,  and a mailing to the facility mailing list.

An observation deck may be used:

     •     When community interest or concern is high;

     •     When the community's understanding of facility operations
          will be enhanced by direct observation;

     •     When there will be sufficient activity at the site to promote
          the community's  interest;

     •     When staff are available to supervise public use of the deck
          and answer questions;

     •     When it is physically possible to set up an observation deck
          in a place where  there is no danger to the public;
Chapter 5: Public Involvement Activities
                                                          Page 5-82

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                                         When a corrective action is being implemented; and

                                         When a new technology is being tested or implemented.
Accomoanvinff              ^ ฐ'3servation deck could complement periodic facility tours or an on-
 .   ...                       scene information office.  Citizens can initially be educated about
Activities
                               operations or corrective actions during the tours, then can monitor the
                               progress of these activities at their convenience from the observation
                               deck.  Fact sheets or an informative exhibit placed near the deck also
                               could  further aid in explaining facility activities.
i
Advantages and            ^ o*386^3^00 deck allows citizens and media representatives to
...   .                      observe site activities without hindering the activities.
Limitations
                               Constructing and occupying an observation deck is expensive and  needs
                               to be supplemented with an informational/interpretive program, so that
                               citizens understand what they see. Further, health and safety issues
                               must thoroughly be considered so that any visitor to  the observation
                               deck is not endangered by activities at the facility.
Chapter 5: Public Involvement Activities                                                       Page 5-83

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                               Checklist for Observation Deck

       	   Determine need for an observation deck

            	   Coordinate with facility

       	   Identify staff available to supervise the observation deck and answer questions from
            interested citizens

       	   Coordinate deck construction

       	   Set hours of operation  for the observation deck

       	   Notify interested citizens of availability of observation deck

            	   Public notice

            	   Fact sheet

            	   Mailing to facility mailing list

            Maintain observation deck
Chapter 5: Public Involvement Activities                                                        Page 5-84

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On-Scene
Information  Office

Description of Activity
Level of Effort
How to Conduct the
Activity
When to Use
An on-scene information office is a trailer (or small building) on the
facility site staffed by a full-time or part-time person who responds to
inquiries and prepares information releases.

An on-scene information office is a time-intensive activity.  You may
have staff in the office up to 40 hours a week. Short Cut:  Hire a
contractor to staff the office, however, always ensure an agency
representative is there for some specified period during the week.

To provide an on-scene information office:

1.    Rent a trailer or arrange with the owner of the facility to
     designate space in  the facility to be used as an office and
     launching area.

2.    Install a telephone and an answering machine to respond to
     inquiries and publicize the number in local newspapers and your
     public involvement publications.

3.    Assign someone to staff the trailer. Establish regular hours,
     including some during the weekend and weekday evenings.
     Publicize the trailer's hours and the services it offers.

4.    Equip the trailer with the same materials normally contained in
     an information repository.  Equip the office with a copy machine
     so that the public can make copies of documents in the
     information repository.

An on-scene information office may be used:

     •    When community interest or concern is high;

     •    During corrective actions;

     •    When cleanup involves complex technologies or processes;

     •    When the community perceives a high level of risk to health;

     •    When activities may disrupt the area surrounding the t> ",iluy
          (e.g., traffic patterns); and

     •    When the area near the facility is densely populated.
Chapter 5: Public Involvement Activities
                                                        Page 5-85

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Accompanying
Activities
Advantages and
Limitations
The on-scene staff person can conduct meetings to inform citizens
about the status of the corrective actions and prepare and distribute
fact sheets and weekly news updates to local residents.  They also can
conduct facility tours and man telephone hotlines.  With the telephone
contacts they make, they can add to and update mailing lists and  revise
public involvement plans.

Individuals staffing an on-scene information office for an  extended
period of time will necessarily have a special role in the community.
Involvement in other public involvement activities may represent a
large part of their function.  In addition to distributing information  to
local residents,  on-site staff will be responsible for maintaining data
bases of residents' addresses, the status of access to property, and a
daily log of citizen inquiries.  It is important that on-site staff monitor
public perceptions and concerns daily. On-scene staff often can make
useful recommendations to the agency regarding citizen concerns.
Finally and perhaps most importantly,  on-site  staff members will
frequently serve as a liaison  between the public and other agencies  at
the Federal, State, and county levels, as  well as facility owners and
contractors.

An on-scene information office can be an effective activity for ensuring
that citizens are adequately informed about the agency's actions and
that their concerns are addressed  immediately.

An information office can  be very expensive, since  it requires, at  a
minimum, a part-time staff person and a telephone. Hence, it should
be used only when community concerns  are currently high or may be
high in the future.
Chapter 5: Public Involvement Activities
                                                          Page 5-86

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                       Checklist for On-Scene Information Office

           Determine need for an on-scene information office

           Identify staff to work  in information office

           Rent a trailer or space at the facility for the information office

           Equip the office with  a telephone, office equipment (i.e., copier), and all materials
           contained in an information repository.

           Notify interested citizens of availability of on-scene information office

           	   Public Notice

           	   Fact sheet

           	   Mailing to facility mailing list

           Maintain on-scene information office

           	   Have staff conduct the following:

                    	  Maintain the mailing list
                    	  Review media coverage
                    	  Respond to citizen calls
Chapter 5:  Public Involvement Activities                                                      Page 5-87

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Meetings
>/ Informal
V AvailabilitySessions/Open
   Houses
y/ Workshops
>/ Briefings
>/ Presentations
                         C2N025-7

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Informal Meetings
Description of Activity
Level of Effort
How to Conduct the
Activity
Informal meetings are meetings of small groups usually held in an
informal setting like a resident's home or a local meeting place.  They
allow interested citizens and local officials to discuss issues and
concerns with greater "give and take" among the participants. Staff
responsible for the facility receive first-hand information from
interested community members, special interest groups,  and state and
local officials, while citizens have the opportunity to ask questions and
explore topics of interest regarding the facility in question.

An informal meeting will take two to three days to plan and conduct.
This includes about three hours to set up and schedule the meeting,
five hours for preparation, four hours to conduct the meeting, and four
hours to follow up on any issues raised during the  meeting.

To conduct informal  meetings:

1.   Identify interested citizens and officials.  Contact each citizen
     group and local agency that is directly affected by the facility, or
     contact individuals who have expressed concern regarding the
     facility. Offer to discuss the permit or corrective action plans  at a
     convenient time, taking into consideration the following elements
     that will affect levels of community interest and concern:  for
     facilities at which  emergency actions are required,  schedule the
     meeting after the agency has accurate information to share with
     the participants; for a corrective action, determine first when
     community concerns may be highest and schedule meetings
     accordingly.  For instance, it may be appropriate to hold an
     informal meeting when the risk assessment report is  released.
     Holding informal  meetings early in the permit process can help
     prevent potentially volatile situations from developing by
     providing citizens with one-on-one attention.

2.   Limit attendance. To increase effectiveness, restrict attendance
     to between five and 20 individuals or specify  attendance by
     invitation only.  The larger the group, the less likely  that some
     people will candidly express their concerns. It is difficult to
     establish rapport with individuals in a large group. If a greater
     number of community members and officials  are interested than
     expected, schedule additional small meetings.  If a g  eater number
     of participants appears than are expected at an informal meeting,
     divide the group into smaller groups to allow more one-on-one
     discussion to take place.

3.   Select a meeting date, time, and place convenient to attendants.
     The meeting place should have chairs that can be  arranged into a
Chapter 5: Public Involvement Activities
                                                           Page 5-88

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                                    circle, or some other informal setting conducive to two-way
                                    communication. A private home or public library meeting room
                                    may be more likely to promote an exchange of ideas than a large
                                    or formal public hall. When scheduling the  meeting, make sure
                                    that the date and time do not conflict with other public meetings
                                    that citizens may want to attend such as town council meetings, or
                                    with holidays or other special occasions.  Be sure that the meeting
                                    location does not conflict with state "sunshine  laws." In selecting
                                    a public meeting place, be  attentive to the special needs of
                                    handicapped individuals (e.g., access ramps or  elevators). Be
                                    aware that meetings will frequently have to be scheduled during
                                    evening hours to accommodate citizens' work schedules.

                                4.   Begin the meeting with a brief overview.  This short presentation
                                    should include a summary of the permit review schedule and how
                                    the public can be involved  in the decision. These opening
                                    remarks should be kept brief and informal (no more than a few
                                    minutes) to allow maximum opportunity for  open discussion with
                                    meeting attenders.  Cover whatever topics the public is  interested
                                    in discussing, these may include:

                                    •    Extent of the activity;

                                    •    Safety and health  implications;

                                    •    Factors that might speed up or delay the regulatory and
                                          technical process;  and

                                    •    How community concerns are considered in making decisions
                                          on permits and corrective actions.

                                5.   Identify the decision-makers (major agencies and individuals
                                    responsible for enacting and enforcing RCRA regulations.)
                                    Citizens will then know where to direct further questions or voice
                                    new ideas or suggestions.

                                6.   Gear the discussion to the audience. Be sensitive to the level of
                                    familiarity that the citizens have with the more technical aspects
                                    of the activities discussed.

                                7.   Listen and take notes.  Find out what  the citizens want done.
                                    Some concerns may be addressed by making minor  changes in  the
                                    agency's proposed action.  Discuss the possibility for
                                    accommodating these concerns or explain the  reasons why citizen
                                    requests appear to be unworkable or conflict with program or
                                    legal requirements.
Chapter 5: Public Involvement Activities                                                       Page 5-89

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When to Use
Accompanying
Activities
Advantages and
Limitations
8.    Promptly follow-up on any major concerns. Stay in touch with
     the groups and contact any new groups that have formed, so that
     new or increasing concerns can be dealt with before problems
     develop.

9.    Write up brief minutes for your files.

Informal meetings can be used:

     •    When there is widely varying level of knowledge among
          community members;

     •    When the level of tension is high and  large meetings may
          not be appropriate;

     •    When the community needs more personal contact to have
          trust in the  agency;

     •    When groups  want to discuss specific issues in detail in
          which the community as a whole isn't interested.

Community interviews or phone calls usually precede these meetings,
since it is during these interviews that concerned citizens groups are
identified and contacted.  Possible meeting locations also can be
identified during the community interviews.

Distributing fact sheets at these meetings also may be appropriate,
depending on when they are held.

The primary benefit of informal meetings is that  they allow two-way
interaction between citizens,  local officials, and the agency.  Not only
will citizens be informed about the developments, but officials
responsible for the site can leam  how citizens view the  site.

Informal meetings also add a personal dimension to what might
otherwise be treated as a purely technical  problem.  Informal meetings
offer both citizens and officials a  chance to increase their familiarity
with how the process works, increase awareness of each others point of
view, and actively promote public participation.  Informal meetings  also
may diffuse any tension between the community  and  the agency.

Some opposition groups  may perceive the agency's efforts to restrict
the number of attenders as a "divide and conquer" tactic to prevent
large groups from exerting influence on potential actions  and to
exclude certain individuals or groups. One way to prevent this
perception is to hold additional informal meetings with those
organizations who express concern about being left out of the process.
Chapter 5: Public Involvement Activities
                                                          Page 5-90

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                                Irate groups or individuals also may accuse agency staff of telling
                                different stories to different groups at these small meetings.  The
                                agency can avoid this criticism by inviting a cross-section of interests to
                                each small meeting or by having a large public meeting.  Alternatively,
                                agency staff can keep a written record of the  informal discussions and
                                make it available upon request.  A record of discussions is required for
                                any legally-required meetings held during the  public comment period.
Chapter 5:  Public Involvement Activities                                                         Page 5-91

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                             Checklist for Informal Meetings

           Determine purpose of meeting                                                          ^^1
                Determine number of attenders:
           Determine location(s) for meeting (complete for each available facility)

           	   Facility name, location	
           	   Contact person at facility

           	   Phone number	

           	   Occupancy size	
           	   Handicap accessibility
           	   Features:
                     	Restrooms
                     	Public telephones
                     	Adequate parking

           Determine date, time of meeting:

                Date:	
                Time:
           Identify interested citizens and officials

           	   Contact citizen groups, invite a representative to the meeting

           Prepare meeting agenda

           	   Overview of project

           	   Identify decision-makers

           	   Allow time for discussion, question/answers

           Follow-up
Chapter 5: Public Involvement Activities                                                       Page 5-92

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Availability
  essions/Open
   ouses

Description of Activity
Level of Effort
How to Conduct the
Activity
Availability sessions/open houses are informal meetings in a public
location where people can talk to agency officials on a one-to-one
basis. The meetings allow citizens to ask questions, express their
concerns directly to project staff, and accommodate individual
schedules.

An availability session/open house may take two to three days to plan
and conduct Allow sufficient time to select a date, time, and location
for the meeting, plan for the session, prepare supporting materials, and
meet with and brief agency staff who will attend the meeting. You
should plan for about five hours for the actual session.

To conduct an availability session/open house:

1.    Select a date, time, and location for the availability session/open
     house that encourages attendance.  Evening hours usually are
     preferable.  The location should be in an easily accessible building
     familiar to residents (such  as a public library, school, or local
     meeting room).

2.    Anticipate the number of attenders and plan accordingly.  If a
     large number of people is expected, consider the possibility of
     holding two availability session/open houses to enable staff to
     meet and talk with each attender.  Alternatively, increase the
     number of staff or the length of the availability session/open
     house. As a general rule, planning for one staff member per
     15-20 attenders  should foster an informal atmosphere for
     conversation, and  thereby avoid the situation where a staff
     member has to speak to a  "crowd."

3.    Develop or gather together appropriate explanatory materials.
     These materials may include posterboards, handouts, or fact
     sheets.

4.    Publicize the availability session/open house at least two weeks
     ahead of time, if possible.  Send announcements to newspapers,
     television and radio stations, citizens on the mailing list, and any
   .  interested community organizations that publish newsletters.
Chapter 5: Public Involvement Activities
                                                          Page 5-93

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                               5.   Ensure that appropriate agency staff attend, so that citizens can
                                    meet those who will be responsible for facility activities. The staff
                                    present should be able to answer both technical and policy
                                    questions.

                               6.   Meet with and brief agency staff and rehearse for the session.
                                    Anticipate questions that may be asked during the session and
                                    prepare answers.
When to Use                ^ฐ ava^a'3^'ty session/open house is most appropriate:

                                    •    When scheduling of meetings is difficult because of
                                         community members' schedules;

                                    •    When new information is available on several different
                                         technical or regulatory issues that would make explaining it
                                         in its entirety would be too long for a more formal meeting;

                                    •    When community members have widely varying interests or
                                         levels of knowledge;

                                    •    When an informal setting is appropriate to enhance agency
                                         credibility with the community;

                                    •    When staff is available; and

                                    •    When larger crowds will make it difficult for certain
                                         members of the public to raise questions.
Accnmnanvino-              Exhibits and fact sheets can provide background information that
    ...    ^   ฐ              enables citizens to ask more informed questions about the site during
Activities                    the avaiiabiiity session/open house.
Advantages and            ^e one'to'one conversations during an availability session/open house
...    .                      can help build, trust and establish a rapport between citizens and agency
                               staff.  An informal, neutral setting will keep officials and the public
                               relaxed and make communications smoother.

                               Planning and conducting an availability session/open house can require
                               a significant amount of staff time. A low turnout may not justify the
                               effort  Hence, community interest in the site should be significant
                               before an availability session/open house is planned.
Chapter 5: Public Involvement Activities                                                      Page 5-94

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                    Checklist for Availability Sessions/Open Houses

           Determine location(s) for meeting (complete for each available facility)

           	   Facility name, location	

           	   Contact person at  facility,	

                Phone number	
           	   Occupancy size_
           	  Handicap accessibility.
           	  Features:
                     	Restrooms
                     	Public telephones
                     	Adequate parking

           Determine date, time of meeting:

           Date:     	

           Time:     	
           Prepare draft notice (public notice, flier)

           Coordinate internal review of notice

           Prepare final notice

           Determine agency officials to attend availability session/open house:

           Notify citizens of availability session/open house

           	:    Direct mailing to citizens on facility mailing list

           	    Verify that mailing list is up-to-date

           	    Request mailing labels

           	    Public notice in local newspaper(s)

           Prepare handouts, other information material for availability session/open house
Chapter 5: Public Involvement Activities                                                       Page 5-95

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Workshops
Description of Activity
Level of  Effort
How to Conduct the
Activity
Workshops are seminars or gatherings of small groups of people
(usually between 10 and 30), led by a small number of specialists with
technical expertise on a specific area.  In workshops, participants
typically discuss hazardous waste issues where citizens comment on
proposed response  actions and receive information on the technical
issues associated with the permitting process and the RCRA program in
general.  Experts may be invited to explain the problems associated
with releases of hazardous substances  and possible remedies for these
problems. Workshops may help to improve the  public's understanding
of permit conditions or hazardous waste problems at a facility and to
prevent or correct misconceptions. Workshops also may enable agency
staff to identify citizen concerns and to receive citizen's  comments.

A one-day workshop may take about three days  to a week to plan and
execute.  Another day will probably be required  to follow up on any
issues that arise during the workshop.

To conduct a workshop:

1.   Determine the focus of the workshop.  Decide what topic or
     topics will be covered in either one or more workshops.
     Suggested topics include: purpose of RCRA; description of the
     permit process or corrective action program; proposed remedies;
     risk assessment; identified health or environmental problems;
     and/or method and format for receiving citizen comments on the
     proposed or ongoing actions. Determine what agency personnel
     will be needed at each workshop and whether any  outside experts
     will be needed.

2.   Plan the workshop.  Decide ahead of time on a minimum and
     maximum number of participants.  If there are too few, consider
     holding an informal meeting and postpone  the workshop  until
     additional interest develops. Identify a convenient location and
     time for the workshop, and set a date that  does not conflict with
     other important meetings or interests (for example, town council
     meetings, high school sporting events).

3.   Announce the workshop by publishing a notice well in advance (at
     least 3 weeks) in t ^ local newspapers.  Send a notice of
     workshops wi  h. mailings to all citizens on site mailing list and
     distribute posters around town.  Send out invitations and
     registration forms,to concerned citizens. Provide for multiple
     registrations on each form to accommodate friends who also might
     be interested  in  the workshop. Emphasize that the number of
     participants is limited, and provide a deadline for registration.
Chapter 5: Public Involvement Activities
                                                         Page 5-96

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When to Use
Accompanying
Activities
Advantages and
Limitations
Workshops are appropriate:

     •    When the RCRA process needs to be explained to
          community members interested in participating in the
          process;

     •    When specific topics needs to be discussed in detail,
          especially health or risk assessment issues; and

     •    When technical material needs to be explained and feedback
          from the community is important to make sure they
          understand the material.

Workshops can be conducted before formal public hearings or during
public comment periods to  give citizens some ideas on developing and
presenting testimony.  Fact sheets and exhibits can be used at
workshops.

Workshops provide more information to the public than is possible
through fact sheets or other written materials. Workshops have proven
successful in familiarizing citizens with key technical terms and concepts
before a formal public meeting.  Workshops also allow two-way
communication, making them particularly good for reaching opinion
leaders, interest group leaders, and the affected public.

If only a limited number are held, workshops can reach only a small
segment of the affected population.

When planning a workshop, agency staff should make sure that it is
announced in local newspapers, to help ensure that it will be
well-attended.  In addition, it may be helpful to specifically invite all
residents who have expressed an interest in the site.
Chapter 5: Public Involvement Activities
                                                         Page 5-97

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                                  Checklist for Workshops

           Determine purpose of workshop _    	.—
           	   Determine number of attenders		

           Plan the workshop

           	   Identify topics to be presented

           	   Identify agency officials to present topics, handle registration

           	   Prepare handouts, other informational materials

           Determine location(s) for workshop (complete for each available facility)

           	   Facility name, location	
           _   Contact person at facility

           	   Phone number	

           	   Occupancy size	
           	   Handicap accessibility
           	   Features:
                	   Restrooms
                	   Public telephones
                	   Adequate parking

      	   Determine date, time of workshop:

           Date:	

           Time:	
           Prepare draft notice announcing workshop (public notice, flier)

           Coordinate internal review of notice

           Prepare Snal notice
Chapter 5: Public Involvement Activities                                                       Page 5-9.8

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                           Checklist for Workshops (continued)




           Notify citizens of workshop




           	   Direct mailing to citizens on facility mailing list




           	   Verify that mailing list is up-to-date




           	   Request mailing labels




           	   Public notice in  local newspaper(s)




           Determine presentation requirements




           	   Electrical outlets




           	   Extension cords




           	   Accessible lighting control panel




           	   Window covers




           	   Podium




           _   Stage




           	   Table(s) and chairs for panel




           	   Water pitcher and glasses




           	   Sound system




           	   Microphones (stand, tabletop, lavaliere)




           _   Cables




           	   Speakers




           	   Technician/engineers available for hearing




           	   Visual aids




                Slides
           -^~                                                  ซ



           	   Slide projector
Chapter 5: Public Involvement Activities                                                       Page 5-99

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                          Checklist for Workshops (continued)




           	   Extra projector bulbs



           	   Flip chart



           	   Flip chart markers



           	   Overhead transparencies



           	   Overhead machine



           	   VCR and monitor



           	   Screen



           	   Table for projection equipment



           	   Registration table



           	   Registration cards



           	   Writing pens



           	   Signs



           	   Miscellaneous supplies:




           	   Scissors



           	   Tape (masking, transparent)



           	   Thumbtacks



           	   Public information materials (fact sheets, etc.)



      	   Arrange and conduct at least one rehearsal
Chapter 5: Public Involvement Activities                                                    Page 5-100

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Briefings
      r'ntion of Activity     Briefings are held with key state and local officials to inform them of
       *                       the status of a permit  application or corrective action; to provide them
                               with materials such as  technical studies; results of the technical field
                               and community assessments; and engineering designs.  Agency staff
                               conduct these sessions in person, and the briefings usually precede
                               release of information to the media or occur before a public meeting.
Level of Effort              Briefing will usually take a day to plan and conduct.
How to Conduct the       To schedule and hold briefinss:
Activity                      i.   Inform key state and local elected and agency officials far in
                                    advance of the date of the briefing.  It is usually best to hold the
                                    initial briefing in a small public room, such as a hotel meeting
                                    room or a conference room.  Where relationships might be
                                    antagonistic, it may be best to hold the briefing in a neutral
                                    location.

                               2.   Present a short, official statement explaining the information in
                                    the context of the RCRA process and announce future steps in
                                    the process.

                               3.   Answer questions about the statement Anticipate questions and
                                    be prepared to answer them simply and directly.

                                    If the briefing has been requested by state and local officials, find
                                    out in advance the information they  seek and prepare to answer
                                    these and related questions.
When to Use               Briefings are appropriate:
                                         When state or local officials have expressed a moderate to
                                         high level of concern about the facility;

                                         Before the release of new information to the media and the
                                         public;

                                         When unexpected events or delays occur; and

                                         At any point during the permit or corrective action
                                         processes.  If local officials have expressed concern during
                                         the preliminary assessment of the facility, a briefing  may be
                                         appropriate to explain the RCRA permitting  or corrective
                                         action program and the technical actions that are scheduled
                                         for the facility.
ChapterS: Public Involvement Activities                                                     Page 5-101

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Accompanying
Activities
Advantages and
Limitations
Briefings usually precede news conferences, news releases, informal
meetings, or public meetings.
Briefings allow state and local officials to question the agency directly
about any action prior to public release of information regarding that
action. By doing so, officials and citizen leaders will be prepared to
answer questions from their constituents when the information becomes
public. Briefings also allow for the exchange of information and
concerns.

Because briefings are normally offered to a small select group, they are
not considered to be general information dissemination to the public.
Care must be taken to provide the public with ample opportunity to
receive information. At briefing sessions, include the appropriate
officials, taking care not to exclude people key to the public
involvement process. Avoid the  perception that the agency may be
trying to bury facts or favor special interest groups.

Although briefings  can be an effective tool for updating state and local
officials and community leaders, they always should be complemented
by activities to inform the general public, such as informal meetings,
public meetings or  news conferences.
Chapter 5: Public Involvement Activities
                                                         Page 5-102

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                                   Checklist for Briefings

               Determine date, time, and location of briefing.

               Date:	

               Time:	
               Location:
               Notify key state and local officials, citizens, and other interested parties of the
               briefing

               Prepare presentation

               Prepare any handout materials

               Conduct briefing

               Follow-up on any questions you are unable to answer during the briefing
Chapter 5: Public Involvement Activities                                                     Page 5-103

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Presentations
Description of Activity
Level of Effort
How to Conduct the
Activity
Presentations are speeches or panel discussions held for local clubs,
civic or church organizations, school classes, or concerned groups of
citizens to provide a description of current RCRA activities. They help
improve public understanding of the issues associated with a permitting
or corrective action and explain how the agency will address these
issues and involve the community in the process.

One to two days may be needed to set up and schedule the
presentation, prepare for it, give the presentation, and  follow up on any
issues raised.

Develop procedures that easily can be changed to suit different
audiences. To conduct presentations:

1.    Contact groups that may be  interested in learning about your
     work. Announce the program through the media and in your
     publications. Adjust the tone and technical complexity of any
     presentation to suit the audience's needs.

2.    Select a standard format such as the following:

     •    Introduce yourself, RCRA, the process, and  the facility;

     •    Describe the issues that affect your audience;

     •    Discuss what is being currently done; and

     •    Discuss how citizens can assist the agency in making
          decisions about the facility.

3.    Set a time limit of 20 minutes.  Consider having several staff
     members deliver short segments of the presentation. Allow time
     for a question-and-answer period.

4.    Schedule presentations at convenient times, possibly evenings or
     weekends, or during regularly-scheduled meetings of other groups.

5.    Select supporting materials (slides, graphics, exhibits, etc.) that
     V.-U hold the audience's attention but not distract  from the
     : Beaker's message. Conduct  a trial run in front of colleagues and
     rehearse the presentation as  much as possible.

6.    If substantive issues or technical details cannot be handled in
     the time allowed for the presentation, name a contact for further
     information.
Chapter 5: Public Involvement Activities
                                                         Page 5-104

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When to Use
Accompanying
Activities
Advantages and
Limitations
Presentations may be held:

     •    When there is moderate to high interest in a facility;

     •    When it is practical to integrate short RCRA presentations
          into meetings on other subjects; and

     •    When a major milestone in the RCRA process is reached.

Fact sheets or handouts should be distributed so that participants have
something to refer to after the presentation.  Incorporating exhibits
into your presentation will hold the audience's attention and aid in
their understanding of the material.
           t
Because the presentation is delivered in person, the audience has a
chance to ask questions, and the agency can gauge citizens' concerns.
Also, many people can be reached at one time, reducing individual
inquiries.  Making project staff available for community speeches and
presentations will signal the agency's interest in the community.

Presentations require substantial effort to be effective. A poorly
planned presentation can distort residents' views of the situation.

Because the presentation is rehearsed, accommodating different or
unanticipated concerns of the audience can be difficult.  Handle these
concerns during a question-and-answer period after the presentation.
Chapter 5: Public Involvement Activities
                                                         Page 5-105

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                               Checklist for Presentations




      	   Contact groups that may be interested in a presentation



           Determine message(s) to be presented based on stated community interests/concerns



      	   Prepare presentation(s) based on responses from groups contacted



           	  Prepare handout materials



           	  Prepare exhibits or other visual materials



      	   Determine what staff are available for presentations




      	   Schedule presentations



      	   Conduct rehearsals



      	   Conduct presentations



      	   Conduct follow-up after presentations



           	  Respond to questions you were unable to answer



           	  Contact group regarding other presentation topics in which they may be interested
                                                                                         -1
Chapter 5:  Public Involvement Activities                                                    Page 5-106

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^Appendix  1
     When  the  Facility  Has  a  Role  in  the
     Public  Involvement Program
      TntrnHnH-inn             ^ฐu ma^ not ^ave l^e resources to ^ฐ tne necessary public
                                 involvement activities for every RCRA action.  One option is to have
                                 the facility provide support for some public involvement activities under
                                 permitting agency oversight. Another option is to encourage the
                                 facility to conduct its own public involvement activities.  As noted in
                                 Chapter 3, EPA regulations already require facilities to conduct public
                                 involvement activities under certain conditions (i.e., permit
                                 modifications, and certain activities proposed in the Subpart S rules.)

                                 Delegating public involvement tasks to a facility is analogous to
                                 delegating technical tasks (such as RFI/CMS studies, risk assessments
                                 and other technical studies required in TSDF permit applications) to a
                                 facility.  In neither case does the permitting agency give up its oversight
                                 role or decisionmaking power; in both cases, the facility is expected to
                                 provide appropriately skilled personnel to cany out the tasks according
                                 to guidance or professional standards. In some cases, working with a
                                 facility on public involvement can be very similar to working with one
                                 of EPA's contractors: you provide a scope of work and guidance, they
                                 provide skilled personnel who must do the work to your satisfaction.

                                 This appendix addresses some of the  issues associated with facilities
                                 becoming involved in the permitting agency public involvement
                                 program. When is it appropriate  and when is it not appropriate to
                                 have the facility help the permitting agency conduct public involvement
                                 activities? If it  is appropriate, what are the avenues for getting the
                                 facility to conduct agency public involvement activities?  Which
                                 activities should you  delegate? What kind of oversight is necessary?
                                 How can you keep your credibility with the community intact?  What
                                 problems may you encounter with facility participation in public
                                 involvement activities?  The appendix concludes with examples
                                 illustrating how a facility and agency worked together on a public
                                 involvement program.
      Appendix 1                                                                       Page 1

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Deciding Whether a
Facility Should
Have a Role in the
Agency's  Public
Involvement
Program
Before you consider involving a facility, complete your initial
assessment of public involvement needs for the permitting or correctivi
action process, following the approach in Chapter 2.  Once you have a
rough idea of the level of attention the public involvement effort will
require (i.e., minimum required,  moderate, high), evaluate your
resources. If you are unable to carry out required or expanded
activities  for a particular facility in-house, you may want to consider
having the facility assist you or suggest that it undertake some activities
itself.

In each case, look carefully at the situation.  Key issues to assess are
the facility's credibility with the community, its capability in-house or
through contractors to provide public involvement support, and the
likelihood that it will cooperate with the permitting agency in carrying
out the effort.
                               If the facility lacks credibility in the community, its public outreach
                               efforts are unlikely to be effective.  If the community sees the
                               permitting agency working jointly with the facility, they may extend
                               their mistrust to the permitting agency. In extreme cases of community
                               disenchantment with a facility, it is inappropriate to give the facility any
                               role in the permitting agency public involvement effort and you may
                               want to distance yourself from any effort it undertakes on its  own.
                               However, in most cases where there is some distrust, you can use
                               facility assistance if you restrict it to support functions such as the
                               development of an initial mailing list and draft informational materials
                               that you will review and revise before releasing under permitting
                               agency letterhead.  Or you might ask the facility to  identify meeting
                               places or appropriate media for public notices, but you would be the
                               contact with the public at the meetings, and you would place  the
                               notices.

                               If the facility is unfamiliar with the concept of public involvement (as
                               being different from public affairs and public relations), it may need
                               guidance from you in determining whether it has in-house staff who can
                               do the job or whether it will need to hire public involvement
                               contractors.  If you are requiring a facility to support you (see below)
                               and it does not have prior experience with the approach, you can
                               require that its work meet specific guidance and standards that you
                               enforce in your oversight role.  However, if you are asking the facility
                               to support you voluntarily  (see below) and it does not have prior
                               experience with  the approach and is unwilling to hire specialists, you
                               may find that it is not worth the effort to ask for much assistance
                               because of the extra oversight that will be required.
Appendix 1
                                                             Page 2

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•
^^w
How to Get the
  acility to Do The
   brk
      When the  Facility
      Has a Role:
      Appropriate
      Activities and
      Agency Oversight
If you decide that you do want the facility to support your public
involvement program or conduct its own, you may require them to do
so in some circumstances, and ask them  to do it voluntarily in others.

     •    For corrective action, write public involvement tasks into a
         corrective action schedule of compliance or ง3008(h) order.
         Some EPA regions routinely require development of a  public
         involvement plan as part of the RFI workplan.  In the
         approved public involvement plan, roles and responsibilities
         for the  facility and the permitting agency are spelled out.

     •    For TSDF permitting, ask the facility to voluntarily
         undertake some public involvement tasks and coordinate its
         public involvement efforts with vours.  In the future,
         permitting agencies may require public involvement activities
         as part  of the permit application  process.  Currently, you
         cannot  impose a permit  condition requiring public
         involvement activities early enough to provide for assistance
         when it is most needed:  during the phases of application
         processing, draft permit  preparation and public comment
         before the permitting agency decides whether or not  to issue
         the permit.  However, you can educate the facility about the
         goals and benefits of public involvement and, in many cases,
         enlist their support in developing and carrying out a public
         involvement program throughout the permitting process.

You must determine the facility's role in agency public involvement
activities and your role in oversight on a site-by-site basis. It is possible
to have a facility assist with the entire agency public involvement
program with agency oversight. However, there are always some
activities (such as  public hearings on a draft permit or major permit
modification) that you must conduct and, depending on the situation, it
may be inappropriate or unwise to delegate certain tasks to the facility.

In assigning tasks, you must distinguish between facility support of the
permitting agency effort, whether required or voluntary, and the
facility's own effort. For the permitting  agency public involvement
program, all activities should be entirely under your oversight and
control, and the public should be able to see that clearly -- through
techniques such as the use of permitting agency letterhead or logo on
written material, the presence of permitting agency spokespersons at ail
public  events, and referrals to permitting agency contact persons for
questions and comments. All facility tasks will be support tasks (e.g..
draft mailing lists, draft written materials, arrangements for interviews
and meetings).  The permitting agency stamp will be on all final
products.
      Appendix 1
                                                                                           Page 3

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                                For the facility's public involvement program, you are at most a friendly
                                advisor, and the public should not see your letterhead, logo, or
                                sponsorship of the facility's activities.  However, if you and the facility
                                agree to coordinate and cooperate in your efforts, some of your
                                program needs (such as a fact sheet that explains operations at a
                                TSDF) might be met by a  facility activity that it voluntarily conducts
                                under your oversight.  Of course, for required activities, such as
                                mailings and public meetings to be conducted by a facility when it
                                initiates permit modifications, you have a mandate to assure that their
                                efforts fulfill the requirements.

                                In assigning tasks  for corrective action under a schedule of compliance
                                or Section 3008(h) order, a common approach is to require the facility
                                to develop  a formal Public Involvement Plan, based on a needs
                                assessment  that includes community interviews.  Some regions specify  a
                                minimum set of activities that must be included in the plan, such as
                                development of a  mailing list, establishment of an information
                                repository,  and issuance of two fact sheets. You should specify that the
                                permitting agency must approve the list of interviewees and be given
                                the opportunity to conduct all interviews.  In situations where there is
                                community distrust of the facility, you should conduct all interviews. At
                                a minimum, you or some permitting agency representative should be
                                present at all interviews with public officials and agency staff.

                                You should discuss the findings of the community assessment and your
                                ideas about necessary public involvement activities with the facility
                                before it prepares a draft plan.  In reviewing the draft plan, be sure
                                that it provides for all required activities as well as additional activities
                                that you judge appropriate, based on the findings  of the community
                                assessment. The plan should clearly state that it was prepared for the
                                permitting agency, with permitting agency oversight, and it should
                                specify for each activity the respective lead and support responsibilities
                                of the permitting agency and facility.

                                As a general rule, you can use the facility for any support activity so
                                long as a representative of the permitting agency is present at all public
                                meetings, a permitting agency contact is named in all written
                                communications, and no outreach material is released without prior
                                approval of content and form by the permitting agency. In cases where
                                a facility representative makes a presentation at a meeting or media
                                conference, you should make it clear that you have requested them to
                                do so.  Likewise, you should not allow the facility to resprac. to
                                questions or comments at public meetings  except  as you direct them to
                                do so.  The public must see the permitting agency in control at
                                meetings that are part of the agency's public involvement effort.
Appendix 1                                                                                     Page 4

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  xample - When A
  acility Conducted
Public Invovlement
Activities With the
Agency
EPA Region 7 and DOE

EPA Region 7 successfully delegated non-required public involvement
activities during RCRA corrective action at the U.S. Department of
Energy (DOE) plant in Kansas City, Missouri, to the DOE and its
contractors.  This enabled the Region to focus its own resources on the
public hearing effort, which owed much of its success to the prior DOE
work to inform the concerned public about the ongoing effort.

The public involvement team included Region 7's public involvement
coordinator, compliance officer, attorney, and technical contractor; and
the public affairs staff at Allied-Signal Aerospace Company, which
operates the plant under contract with DOE.  Without exception, every
member of the team was in tune with the concept of providing the
public the best available information for informed decisions.  Allied-
Signal's public affairs staff developed a draft Public  Involvement Plan
under a RCRA consent order. Region 7 reviewed the  draft plan and
approved it after Allied-Signal made requested revisions. The plan did
not address EPA's public involvement effort, but it specified the EPA-
approved activities that Allied-Signal would carry out for DOE during
the corrective action process.  In other words, this was  the facility's
public involvement program, developed under EPA's order and subject
to EPA's approval, but  not directly a part of EPA's own program.

A primary goal of the Allied-Signal program was to inform the
community, plant employees, news media, and government officials of
the RCRA consent order and its five-year, $84 million  plan to address
35 contaminated sites at the plant. Techniques included letters mailed
to thousands of nearby  residents asking what information they wanted,
in-person interviews, video spots played for employees on TV monitors
throughout the plant, public meetings, an environmental newsletter,
and separate plant tours for environmental organizations, the news
media, government officials, and local homeowners associations. Allied
Signal's public affairs staff planned and carried out all of these activities
as specified in the plan.

Allied Signal's community relations efforts prompted the Kansas Citv
Star to note that DOE  had come out from behind its traditional veil ot"
secrecy at the plant, which produces non-nuclear components for
nuclear weapons.  The concerted effort to share environmental
information also won praise for EPA and DOE from local
environmentalists  in The Star's news pages. In this case, the public
welcomed the outreach and did not  raise questions about EPA
collusion with DOE, probably because Region 7 took no active role in
the program once it had reviewed and approved the plan.
Appendix 1
                                                           PageS

-------
                               Region 7 scheduled a formal public hearing on DOE's proposal to
                               clean up the first of the 35 subsites, a PCB-contaminated area that had
                               once run off into a creek leading to the nearby Blue River before the
                               creek was rerouted.  Agency officials spent hours of preparation in
                               refining and practicing a slide show for this hearing. The slide show
                               was so succinct that local TV stations were able to show large parts of
                               it on their evening news broadcasts.  Approximately 60 people attended
                               the hearing, yet only one person asked to make a statement for the
                               record. This was a well-known local environmentalist who stated that
                               EPA and DOE had selected exactly the right remedy, and  that he
                               wholeheartedly supported the  decision.
Appendix I                                                                                   Page 6

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Appendix  2
Case  Histories
Chemical
Manufacturer in the
Northeast
This case illustrates a situation in which EPA might have averted a
contentious permitting process by anticipating problems, educating the
public with regard to the other agencies involved in regulating the facility,
and focusing on resource problems/workload adjustments. Upon the
request of the involved facility, the company name has been  withheld.
For ease of discussion, the facility shall be referred to by a contrived,
generic name of "ChemCo" (chemical company)

Background

The ChemCo facility has operated a chemical manufacturing facility
since 1958 in a highly populated, highly developed area along a highway
in the southern part of a New England state.  The facility is located on
the banks of a river, which is the drinking water source for approxi-
mately 250,000 people in several cities across the state boundary to the
north of the facility.  Consequently, public and news media interest in
the ChemCo facility extends across state boundaries.

The facility has had four chemical releases in the past few years and
was the subject of a five-day multi-media safety audit by EPA in 1989.
The most serious accident was in 1988, when a release of hydrochloric
acid vapor forced the evacuation of 2,400 residents of two cities for
several hours.

Regulatory Involvement

In 1985, the State issued a RCRA permit to the ChemCo facility for
the tank and drum storage of hazardous waste. The reapplication
process for this permit began in summer  1989. In  July 1989, EPA
released for comment a draft corrective action permit that  required the
facility to conduct a comprehensive environmental assessment of the
facility property through a RCRA Facility Investigation (RFI), set
cleanup levels, and propose cleanup methods.  Immediately, the public
was confused over the difference between the two permits.  The
facility also operates under four additional State and federal permits.
Appendix 2
                                                         Pa^e I

-------
                               Public Comment Period Begins

                               Two weeks before the release of the RCRA corrective action permit
                               for public comment, the water level along the river dropped, exposing a
                               bright blue stain (iron-cyanide) that extended for a quarter mile along
                               the western bank of the river. The stain was caused by the  interaction
                               of metals in the soils with a cyanide compound that had apparently
                               been released into the ground from the ChemCo facility sometime in
                               the past.  Local residents were initially able to piece the story together
                               sooner than EPA, which contributed to the public's lack of confidence
                               in EPA's ability to handle the situation. Investigations by the Agency
                               for Toxic Substances and Disease Registry showed the health risks from
                               the compound to be extremely low. Nevertheless, the surrounding
                               communities expressed tremendous concern and fear over the
                               chemical's discovery.  This incident heightened the public's health and
                               safety concerns, and fueled their frustration with both the regulatory
                               agencies and the company.

                               EPA held an information meeting two weeks before the public hearing
                               on the proposed RCRA permit issuance.  This was the first time that
                               the public had been told of EPA's plans to issue the facility a permit
                               and community reaction was angry and contentious. Meeting
                               presentations were punctuated by angry shouts and screaming from the
                               attendees.  Given recent events, they  did not understand how EPA
                               could even consider giving the facility a "permit to pollute."   People
                               drove in from many of the surrounding states in order to attend
                               meeting presentations.

                               Approximately 75 people attended the public hearing  that was held in
                               August 1989.  The same people who attended the information session
                               also attended the hearing.  The meeting was highly charged. A number
                               of environmental groups were in attendance, one of which distributed
                               an information sheet containing questions for residents to raise at the
                               hearing.  Both meetings generated significant press coverage.  The
                               primary issue was anger over EPA's plans to issue a permit  to a facility
                               that, in the public's opinion, was a major threat to the community.  It
                               also became quite apparent during that period that the general public
                               was confusing the HSWA corrective action permit with the hazardous
                               waste storage permit due for reissuance by the State.

                               Thus, in addition to becoming a focal point, ft r questions regarding the
                               iron-cyanide discovery and past releases, the public expected EPA to
                               field questions on regulatory issues apart from the RCRA permit.
                               Issues raised by the community included the extent to which the facility
                               was releasing emissions to the air; suspected violations of the NPDES
                               discharge standards; the adequacy of emergency  planning procedures;
                               and possible safety threats to  the surrounding community.
Appendix 2                                                                                   Page 2

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                               Many community members commented on the need for more public
                               involvement, possibly in the form of an EPA-organized citizens' group.
                               EPA suggested that it was more appropriate for the citizens to form
                               such a group and the facility responded by inviting a number of people
                               -- primarily businessmen, teachers, health professionals,  and public
                               officials -- to form a Citizens' Advisory Board. Some environmentalists
                               and others who were not a part of the Board formed their own group,
                               called the Citizens' Oversight Committee.

                               Elected officials at a number of levels pressured EPA not to issue the
                               permit Despite the controversy, EPA went ahead with its  plans and
                               issued  the RCRA permit (which the company subsequently appealed)
                               in September 1989.

                               Community  Relations Program is Initiated

                               Following the public hearing, EPA decided to initiate an intensive
                               community relations effort targeted at  the two interest groups described
                               above (Citizens' Advisory Board and the Citizens' Oversight
                               Committee). EPA augmented its public involvement resources with
                               contractor support and began by identifying all of the agencies involved
                               at the site and their areas of responsibility. EPA then developed a fact
                               sheet and mailing list with those ten other government agencies
                               involved in some way with the regulation of the  facility. The fact sheet
                               listed the names, affiliations, and telephone numbers for each of the
                               government agencies.  After the fact sheet was distributed,  EPA
                               conducted community assessment interviews with members  of the two
                               interest groups, as well as with local and elected officials. The two
                               information  repositories were reorganized so that the public would
                               better understand the regulatory structure under which the ChemCo
                               facility functions. EPA also established contacts with  the news media
                               and began meeting with the two interest groups.

                               Two years later, both EPA and  the State are in a much stronger
                               position with the community.  Communication has been established,
                               information  has been exchanged, and EPA, especially, has earned the
                               trust of both interest groups.

                               Analysis

                               Although EPA did issue the RCRA corrective action  permit, the
                               permitting process was highly time-consuming, contentious, and
                               frustrating for all parties concerned. Probably the biggest problems
                               that  EPA staff faced were:  (1) sorting out the public's confusion over
                               the multiple entities involved in regulating the facility, (2) lingering
                               suspicions engendered by the Agency's failure to give the community
                               adequate advance notice regarding its intention to issue the permit, and
                               (3) a lack of understanding on the part of the community regarding
Appendix 2                                                                                   Page 3

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                               what a corrective action permit is - that "permit" is a misnomer unless
                               it is used in the context of an overall facility permitting process.

                               In the end, EPA established and implemented an excellent public
                               involvement program for the facility. However, a lot of confusion and
                               aggravation might have been avoided if the program had been
                               established earlier in the  process.

                               Some of the lessons that  can be drawn from this experience include:

                               1.  Anticipate rather than react  At the outset of the permitting or
                               corrective action process, you should conduct at least a "mini-
                               assessment" of the community(ies) affected by facility operations to
                               determine the likelihood  that RCRA actions will stimulate interest or
                               outright opposition on the part of the public.  See Chapter 2 of this
                               manual for a complete discussion of how to assess the level of  public
                               interest in a site.  In the case of this facility, key indicators of the
                               potential for heightened community concern were past activism around
                               a ChemCo "sister" facility, past activism around other Superfund sites in
                               the area, the facility's  location in a densely populated urban area, and
                               the record of past releases to the environment and resultant news
                               media attention caused by those releases.  You should always conduct
                               community assessment interviews for high  profile facilities such as this
                               one.

                               If EPA had developed a better sense of the strength of community
                               concerns about the facility, it might have chosen to put more distance
                               between the public hearing and (a) the iron-cyanide release, and (b)
                               the beginning of the reapplication process for the state permit. In so
                               doing, EPA would have reduced the likelihood of the public hearing
                               becoming a "lightning rod" for these issues.

                               Finally, you should lay groundwork in the  form of a few basic fact
                               sheets and information meetings well in  advance of a public hearing.
                               Had EPA given  the community at least a "heads up" that the permit
                               was coming, and educated them about the differences between
                               corrective action and ongoing facility operation, it is unlikely that EPA
                               and company officials would have been suspected of trying to sneak a
                               regulatory approval past the community.

                               In the case of this facility, there was strong opposition to approving the
                               permit from residents and environmental groups both close to  and
                               outside of the facility  community.  Ultimately, EPA had to deal with
                               not one but two organized interest groups. In retrospect, EPA might
                               well have considered establishing some kind of community advisory
                               group to try to constructively channel and resolve ongoing community
                               concerns about the  facility.  By forming  such a group early in the
                               process, you can conserve your own resources (time saved in meeting
                               with one large group rather than several smaller ones), and create a

Appendix 2                                                                                    Page 4

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                               situation where the participating individuals and groups are more likely
                               to work jointly (with you and each other) than at cross purposes.

                               2.  Educate the public on the various agencies  involved in regulating a
                               facility. One of the first things that the  EPA project manager did,
                               following the disastrous public hearing, was to determine which
                               agencies were involved in regulating the  ChemCo facility and get that
                               information out to the public. Had this been done earlier in the
                               process, the public's confusion might have been  minimized.  Developing
                               a fact sheet at the very beginning of the  process that provides
                               information on all of the regulatory activities relevant to a facility and
                               the community can be a very valuable public involvement building
                               block.  Subsequent mailings from the various agencies might include a
                               box devoted to updating the community  on other regulatory activities
                               associated with the facility.  You might also consider including a
                               continuously updated timeline.

                               You should also give the involved agencies an opportunity to review
                               and comment on your technical schedules and public participation plan
                               (if you  develop one).  Prior to developing such a plan, be sure to find
                               out if other agencies are doing public involvement activities at the
                               facility, and see if you can coordinate activities to complement each
                               other.

                               EPA might also have decided to have state representatives available at
                               the information session to answer questions about state-regulated
                               activities and steer future questions from the public to the right  people.
                               In  the case of a public hearing, while all of the agency representatives
                               need not be in attendance, you should know the general status of other
                               projects and have a sheet of contact names and  numbers available for
                               referral to interested members of the public.

                               3.  Focus on resource problems/workload adjustments.  EPA's job was
                               exacerbated  by the fact that (a) the project manager had no support
                               from an Agency community relations specialist, and (b) given the
                               reputation of the facility in  the community, EPA was reluctant to turn
                               over  any responsibilities  for community relations to the facility.  What
                               did the EPA project  manager do?  He got contractor support.

                               If you assess the facility to be a high profile site, you  need to
                               immediately think about how to maximize and possibly augment the
                               community relations resources available.  If you are unable to get staff
                               assistance, you may be able to access a community relations contractor.

                               You  also need to think about adjusting your workload to allow you to
                               devote  additional time to public involvement activities.  Recognize that
                               public involvement pressures are usually cyclical (i.e, correspond to
                               technical milestones). The  more work that is done up front, the less
                               time  you usually  need to devote later on.

Appendix 2                                                                                    Page 5

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The Ensco
Hazardous Waste
Management
Facility in Mobile,
Arizona
Also, although the company's standing in the community precluded the
EPA project manager from enlisting the company's help in the public
involvement effort, you can oftentimes ask a facility to contribute to
the public involvement program in a way that does not compromise the
credibility of the program.  For example, you might have the facility do
the time-consuming work of pulling together information materials and
setting up meetings, but arrange to have the material go out under your
name or jointly.  Be creative about working with the facilities. Help
them see that they are the ones who most directly benefit from the
fruits of a good public involvement program.

This case illustrates a facility permitting effort that would have benefitted
from the implementation of a concerted public involvement program early
on in the process.  It also points to the value (in hindsight) of taking
advantage of what other EPA and state personnel have learned from
meeting with the community on similar permitting projects -- in this case,
one that involved several proposed incinerators.

Background

In the late 1970s, the State of Arizona began the development of a
State Hazardous Waste Management Program.  The Arizona
Department of Health Services (ADHS^ developed preliminary
hazardous waste regulations and began to investigate possible locations
for siting a hazardous waste management facility.  A 'best site" was
identified  in 1978 in Yuma County and a public meeting was held in
the county to advise the local residents of ADHS' tentative decision.
In response to intense local opposition, the State legislature became
involved in the issue.

The passage of the State's  Hazardous Waste Siting Act in  1980 directed
ADHS to conduct a new siting study, including generation of another
list of potential sites.  ADHS completed the analysis and developed a
draft report that was the subject of three public hearings.  A total of
368 people attended the hearings; 53 people testified; and 200 pieces
of written testimony were submitted.  The 1981 report narrowed the
search down from eleven sites to three.  The report also made two
significant recommendations:  (1) that the facility be owned by the
State (to provide for perpetual management) and be operated by a
private entity under contract;  .nd  (2) that a "full and open debate" be
solicited on allowing the facility to accept (import) waste from other
states. This second recommendation was based on projections related
to the relatively low volumes of hazardous waste that would be
generated in Arizona during the early years of the facility's operations.
and  the consequent projected  high costs for disposal during those years.^
By importing waste from other states, the operating costs would be
significantly reduced.
Appendix 2
                                                            Pa^e 6

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                                In response to the draft report, legislative hearings were conducted
                                and, within a relatively short period of time, the Legislature chose the
                                Rainbow Valley site (near the town of Mobile) for the facility.  This
                                action was codified into law in February 1981 by Governor Bruce
                                Babbitt.

                                The Arizona legislature also directed ADHS to acquire title to the one-
                                square mile site  for facility development.  ADHS took steps in 1981 to
                                begin acquiring federal land from the  Bureau of Land Management for
                                the facility and prepared an Environmental  Impact Statement on sale
                                of land to Arizona for purposes of constructing a hazardous waste
                                treatment, incineration, and landfill facility.  The  League of Women
                                Voters was selected to initiate the EIS scoping process and two days of
                                meetings were held in Mobile and Phoenix  in February 1982.
                                Approximately 60 people and 45 people,  respectively, participated in
                                the meetings.

                                In updates to  the State  legislature that year, ADHS further discussed
                                issues relating to waste importation.  ADHS conducted one public
                                meeting and two public hearings on the draft EIS in February and
                                March 1983. Substantial comments were received, including written
                                comments from 31 individuals and organizations and oral comments
                                from 6 people. One of the issues addressed in the EIS was the
                                potential impacts from interstate shipment of PCB and other organic
                                wastes to the facility. All of the comments  were addressed in the final
                                EIS, which was issued in July 1983. BLM developed a proposed
                                decision on  the sale of the land to ADHS and initiated public notice in
                                September 1983. A group calling itself Concerned Citizens of Rainbow
                                Valley collected approximately 1,185 signatures in opposition to the
                                Mobile site.  Despite the petitions, BLM proceeded with its plans to
                                transfer ownership of the land to the State.  The plan to require
                                private financing of the proposed facility  was included in an
                                amendment to the State Hazardous Waste Siting Act in  1983.

                                ENSCO was the company chosen for  the job of financing,  designing,
                                constructing, and operating the facility, following a competitive bidding
                                process.  During that same time, ADHS conducted a survey of the
                                Rainbow Valley residents to enable the State to understand the precise
                                nature and strength of community concerns.  According to State offi-
                                cials, the results were mixed.  Although the survey results revealed
                                opposition to the project, area residents welcomed the anticipated new
                                jobs that the project would create, and were reassured by the existence
                                of a buffer zone planned for the site.

                                The State assumed legal ownership of the Rainbow Valley property in
                                1984.  In January 1986, the State signed a contract with  ENSCO that
                                provided for a "full service  facility" with storage and treatment units
                                (including incineration), and land disposal.  In that same year, ADHS
Appendix 2                                                                                   Page 7

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                              approved ENSCO's updated business plan that included phased
                              construction of at least two incinerators.

                              In July of 1987, the Arizona Department of Environmental Quality
                              (ADEQ) was extracted from ADHS as an independent agency.  In
                              August, ENSCO submitted a revised plan to expand the landfill and
                              add a third incinerator; the plan was partially approved by ADEQ.  The
                              EIS was  not revised subsequent to this change.  However, a
                              transportation risk assessment study was completed, which discussed the
                              risks associated with waste importation to the site.

                              ENSCO  was required to get a number of permits pursuant to its
                              contract with the State, including an ADEQ-issued Air Quality
                              Installation Petmit for the three incinerators; a State-issued Solid
                              Waste Approval permit; a State-issued Groundwater Protection Permit;
                              and a federal PCB incineration permit.  At the time that the State
                              permits were issued, ADEQ had no regulatory authority to hold public
                              hearings  on the proposed air quality permits. In February 1988 ADEQ
                              did hold  a public hearing in Mobile on the proposed Groundwater
                              Protection  permit According to State officials, the meeting did not
                              reveal any major opposition to the  Project at this point.  By 1989
                              ADEQ had approved all of the State permits and minor construction
                              activities began on the site. Development of additional permit
                              applications was in progress.

                              In April  1990 ADEQ announced its plans to hold a joint ADEQ/EPA
                              public hearing on additional RCRA permit applications needed to
                              install and test the incinerators. The hearing date was scheduled for
                              May 7, 1990 in Mobile.

                              EPA had just recently held a RCRA hearing on an incinerator in
                              Southern California that became very unruly, and so contacted the
                              State to offer advice about meeting preparations for the ENSCO
                              facility. Members of Greenpeace, one of the primary activist  groups
                              participating in the California hearing process, had actually picketed
                              EPA's regional office in San Francisco. At the California hearing,
                              attendees blew whistles and overturned tables and  chairs.

                              In fact, in the weeks prior to the May hearing, local Arizona news
                              media were reporting that Greenpeace organizers had been talking
                              with area environmental groups. In late-April, Greenpeace members
                              staged two major protests:  one an ongoing vigil on the Capitol Mall in
                              Phoenix; the other a one-day protest on the facility site, where
                              Greenpeace members chained  themselves to trucks and hung a banner
                              on a building. It was rumored that public opposition to the facility
                              siting process was gaining tremendous momentum.

                              ADEQ officials did not accept EPA's offer to help in the meeting
                              planning arrangements, but they did increase the number of chairs  both

Appendix 2                                                                                 Page 8

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                               in and outside of the meeting facility and set up speakers on the lawn
                               to enable an overflow crowd to hear the proceedings from outside.
                               Despite these preparations, ADEQ was wholly unprepared for what
                               happened at the meeting.

                               The room was far too small for the 300 people who came, and most
                               people were forced to remain outside. Greenpeace organizers and
                               other environmentalists were present in large numbers.  Members of
                               the crowd became extremely agitated and the situation quickly got out
                               of control.  The agitation of the crowd was evident by the pushing,
                               shoving, and screams from both inside and outside. The meeting was
                               punctuated by shouting and yelling, and the pounding of fists on the
                               windowglass outside. ADEQ officials feared that the windows would
                               soon shatter. The police overreacted, and violence erupted. The
                               situation deteriorated to the point that the Sheriffs Department used
                               stun guns on angry community members and environmental organizers.
                               Following the stun-gunning and arrests of twelve people, the State
                               decided to continue with the meeting, rather than shutting it down and
                               rescheduling. The meeting went well past midnight.  Following the
                               meeting, people from both ADEQ and Greenpeace received death
                               threats.

                               The Governor's office stepped in after the meeting and proposed to
                               extend the public comment period through November 1990 and
                               conduct additional meetings.  In June, a two-day public  hearing was
                               held in Phoenix and a one-day hearing was held in Tucson.  These
                               meetings were held in very large rooms (5,000  + capacity) and involved
                               heavy security and detailed contingency plans.  The State and EPA
                               collaborated on the meetings, which emphasized low-profile security,
                               adequate meeting space, and involvement of a  neutral party as
                               facilitator.   While still very close to becoming unruly, these meetings
                               were more successful in allowing the community to voice its opinions
                               about the ENSCO facility.  Nevertheless, the meetings were hampered
                               by participation by individuals who seemed more intent  on disrupting
                               the proceedings than in listening to the information that the agencies
                               had to offer.

                               Also in June, ENSCO voluntarily ceased work  at the site and began
                               conducting  a media campaign regarding the facility. Prior to this time.
                               ENSCO had issued brochures and other informational material about
                               the facility and, in 1988, the company had conducted a tour of the
                               facility for a delegation  from the State legislature. According to State
                               officials, further efforts  were not deemed necessary, given the relatively
                               low level of community concern that had been  evidenced prior to 1990.

                               ADEQ received approximately  1,700 public comments during that
                               public comment period, covering approximately 200 subject areas. The
                               concerns covered a range of issues, with strong opposition to
Appendix 2                                                    .                              Page 9

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importation of hazardous wastes, and the charge that the State and
ENSCO were in collusion to keep the real details of the project hidden
from the public.  The EIS was said to be wholly inadequate, as well.

There was a change in governorship in 1991, and Fife Symington (the
new governor) directed ADEQ to look into the feasibility of buying out
ENSCO. This is because the State recognized that the ENSCO project
could not possibly go forward if waste importation was part of the  deal;
however, the Agency was bound to allow importation by the terms of
its contract with ENSCO. The State's only options were to either  buy
ENSCO out of the company's part of the contract, or risk losing an
estimated $150 million lawsuit filed against the State by ENSCO.  In
May 1991 Symington announced that the State would buy out ENSCO
for $44 million. Governor Symington declared that ENSCO had agreed
to completely shut down the facility and that the project was
"mothballed" and that all ADEQ permitting efforts had been
suspended.  At this time, it's not clear how the Project will proceed.
ADEQ still needs hazardous waste capacity, but the political climate
that resulted from the recent chain of events makes any course of
action difficult to pursue at  this time.

Analysis

The RCRA public involvement requirements are much less stringent
than are those of Superfund.  No actual public involvement activities
are required until the point  that the draft permits are set to go out tor
public comment. Thus, if you follow the letter of the requirements,
you risk being surprised, as was the state, when vehement opposition to
your project develops -- seemingly out of nowhere.  Some of the
lessons learned out of this case include the need to:

1.  Reevaluate the politics of your project on a continuous basis.  Be
prepared to adjust your public involvement program at any point to
best suit the needs of both you and your public.  In hindsight, ADEQ
should have put off the hearing for a few months and used the time  to
go out and  meet with the various factions that had developed within
and outside of the community. A public hearing is the last place where
you want to learn - in this case for the first time - who is your
concerned public and what they think about the project. This is
especially the case when you suspect the public hearing may be used as
an opportunity fop'mrlia attention on the part of some members of the
public.

As the technical process develops, you need to be continuously
analyzing and trying to understand the public's information needs.
issues, and "stakes" in the process. Meet with residents and community I
groups prior to major meetings -- in small groups  if possible, or in  a
series of information sessions.  Continue to meet until you understand
Appendix 2                                                                                 Page LI)
                                                                                                €

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                               the community's point of view and the strength and depth of
                               community concern and/or opposition.

                               2. Consider the operation you are permitting in the broader context.
                               In fact, opposition to incineration had become a highly controversial
                               issue by the late '80s. ADEQ's experience in Mobile and EPA's
                               experience in Southern California were just the tip of the iceberg of an
                               emerging local and national activism that groups like  Greenpeace were
                               spearheading.

                               Take advantage of what others know: use your professional network.
                               You cannot get too much help and advice from others who have been
                               through a similar situation, when it comes to dealing with the public on
                               environmental issues. Although there is no guarantee that closer
                               collaboration with EPA would have resulted in a public hearing that
                               did not help to derail the permitting process, it is highly likely that the
                               hearing would have been a lot less contentious and inflammatory had
                               ADEQ taken EPA's advice about room size and strategies.

                               3. Institute a two-way public involvement program.  Although the
                               concept of providing for more give and take in the outreach process is
                               beginning to be embraced in  the corporate PR philosophy, the
                               environmental public involvement programs are significantly different
                               from classic PR campaigns. While environmental public involvement is
                               designed to provide for two-way communication between the agencies
                               and  the public, public relations campaigns are primarily about one-way
                               communication to sell a project or a service.  Whether you are an
                               agency responsible for the public involvement program, or you have
                               delegated that responsibility to the facility, it is crucial that this
                               distinction be made and that  a genuine public involvement program be
                               established.

                               While  it is appropriate - oftentimes necessary - to have the  facility
                               handle a large part of the public involvement responsibilities, you as
                               the permitting agency must be in contact with the affected community
                               in order to establish  a relationship that will not only withstand  the
                               involvement of outside interests, but will result in a project that is
                               mutually acceptable to you, the facility, and the community.

                               In the ENSCO case, some kind of regular communication process
                               should have been established with the Rainbow Valley residents from
                               the day the petition was submitted.  Mailing lists should have been
                               developed from previous public meetings and hearings, and notes made
                               of the  groups that were testifying in front of the State legislature in
                               earlier years. Given  the magnitude of the project, the signs of public
                               discontent (albeit sporadic) and the political controversy surrounding
                               incineration projects nationwide, a dynamic, two-way  public
Appendix 2                                                                                  Page TJ

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                                involvement program should have been established that signalled a
                                recognition on the part of ADEQ of the project's sensitivity.
                                                                                                  €
Appendix 2                                                                                   Page 12

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"Appendix 3
 Public  Involvement  Resources
                           There are a variety of resources available to help you plan and conduct
                           RCRA public involvement activities. Below are a few of the things
                           available to you.
 Your RCRA Public
 Involvement
 Coordinator
 RCRA Public
 Involvement
 Reference Catalog
 RCRA Storyboards
 Fact Sheet
 Templates
Many EPA Regions and State agencies have a staff person dedicated to
RCRA public involvement. The person is often called the RCRA
Public Involvement Coordinator (PIC) and is usually a member of your
agency's public affairs staff. S/he can help you plan and conduct public
involvement activities. A coordinator also serves as a liaison between
the public and permit writers, enforcement personnel (both EPA and
state), facility owners/operators, and other appropriate individuals or
groups.

This three-volume document contains hundreds of sample public
involvement materials as well as valuable information on a variety of
hazardous and solid waste issues.  Each EPA Regional headquarters
office has a copy of this document.  Contact the EPA Regional Public
Involvement  Coordinator or Public Affairs Office in your EPA Region
if you would  like to use the catalog.

EPA has created numerous freestanding, laminated Storyboards for
each EPA Region to illustrate important RCRA-related  issues, such as
the permitting process. These Storyboards are excellent for
openhouses, workshops,  public meetings, and the like.   Contact the
EPA Regional Public Involvement Coordinator or Public Affairs Office
in your EPA Region if you would like to use the Storyboards.

Your EPA Region may have fact sheet templates. Templates are
"skeletons" of a fact sheet in a computerized graphic format. The
templates include standard RCRA information (e.g., an explanation of
the steps in the corrective action process) but leave room for you to
drop in facility-specific information. These  templates allow you to
produce a polished fact sheet without rewriting or designing. Contact
the EPA Regional Public Involvement Coordinator or Public Affairs
Office in your EPA Region if you would like to use the  templates.
 Appendix 3

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Training and Other
Videos
Facilities
Contractors
Some EPA Regions have instructional videotapes on RCRA public
involvement and other relevant topics, such as risk communication.
Ask your EPA Regional Public Involvement Coordinator or Public
Affairs staff if they have access to instructional videos.

Even  though it is essential to clarify that oversight of public
involvement activities is the sole responsibility of the permitting agency,
facility owners and operators are a valuable resource available to you in
implementing your public involvement strategy.  Public education
activities may be initiated by owner/operators and should be
encouraged, particularly when resources are limited. The more public
outreach the facility conducts, the more time you will have  to devote to
other public involvement activities  at that facility or another one.  See
Appendix  1 for more information on influencing facilities to conduct
public involvement activities.

There may be contractors working  for your Region who can conduct
some  of the more time-consuming  activities, such as conducting
community interviews, coordinating logistics for  public meetings, and
preparing  routine  fact sheets.  You also may want help from graphic
designers,  typesetters, public affairs and management personnel, and
support staff. You should contact  your contract officer for advice on
getting contractor support for your public involvement needs.
                                                                                               €
Appendix 3
                                                            Page 2

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Appendix 4
Modifying RCRA Permits

-------
 &EPA
                          United States
                          Environmental Protection
                          Agency
                             Solid Waste and
                             Emergency Response
                             (OS-305)
           EPA/530-SW-89-050
           September 1989
Modifying
RCRA  Permits
Introduction

  The Resource Conservation and Recov-
ery Act (RCRA) requires each hazardous
waste treatment, storage, and disposal fa-
cility to manage hazardous waste in accor-
dance with a permit issued by the
Environmental Protection Agency (EPA)
or a state agency that has a hazardous
waste program approved by EPA. A
RCRA permit establishes the facility's op-
erating conditions for managing hazardous
waste. EPA and state agencies use the per-
mit to specify the administrative and tech-
nical standards for each facility. Over
time, however, the facility needs to modify
the permit to improve equipment or make
changes in response to new standards.
Recognizing this, EPA established pro-
cedures early in the program for modifying
permits. The Agency has now revised
these procedures to provide more flex-
ibility to both ownซS"and operators of fa-
cilities, and EPA, and to increase public
involvement. This brochiirti briefly de-
scribes EPA's new procedures for modify-
ing RCRA  permits.            ;
  These procedures are effective now in
states where EPA administers the RCRA
            program. However, authorized states will
            not use these procedures until they have
            adopted them as part of their own
            programs.


            The Old Process

              Acknowledging that a permit would
            need to be modified for various reasons
            during its life, EPA established in 1980 a
            process for modifying them. The process
            included different procedures for major
            and minor modifications. A minor permit
            modification allowed a limited  number
            of minor changes to occur, after EPA
            reviewed and approved the modification
            request. There was no requirement for
            public notice and comment.

              For major modifications, EPA would fol-
            low procedures that were almost the same
            as those for issuing an initial permit.
            These procedures included developing a
            draft permit modification, announcing in a
            local newspaper and on the radio the avail-
            ability of the proposed modification,
            'providing a 45-day public comment
            period, and, if requested,  holding a public
            hearing.  Public participation was limited
            to the specific permit conditions being
            modified.
A Need for Change

  The old permit modification process was
becoming increasingly unwieldy. It was
impeding the ability of treatment, storage,
and disposal facilities to respond quicklv
to improvements in technology and shuts
in the types of wastes being generated.
This made the routine changes necessary
for effective operations more difficult to
accomplish. Furthermore, the procedures
often did not involve the public early
enough in the modification process.
                               a
  In response to these concerns, EPA de-
veloped new procedures with help fro
representatives from states and mdustl
environmental, and public interest grol
The new process provides more flexibility
for facilities to respond to changing con-
ditions, clean up waste, and generally
improve their waste management opera-
tions. In addition,  the new procedures al-
low for more public involvement by
expanding public notification and par-
ticipation opportunities.
      The Congress, in an effort to address the nation's growing concern about its hazardous and solid waste problem.
    enacted the Resource Conservation and Recovery Act (RCRA). The Hazardous and Solid Waste Amendments 
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                                                                                      ffi i  ..'rit
JTJ>ie New Process
    The new process establishes three
  classes of permit modifications and sets
  administrative procedures for approving
  modifications in each class.

  • Class One addresses routine and admin-
   istrative changes. Lowest range of permit
   modifications.

  • Class Two primarily addresses improve-
   ments in  technology and management
   techniques. Middle range of
   modifications.

  • Class Three deals with major changes to
   a facility and its operations. Highest
   range of  modifications.

  Class One Modifications

    Class One modifications do not substan-
  tially alter the conditions in the permit or
  reduce the facility's ability to protect
  human health and the environment. Such
  changes may include
      proving administrative and routine
     notions.
  • Upgrading plans and records maintained
   by the facility.

  • Replacing some equipment with func-
   tionally equivalent equipment.

    Most Class One changes do not require
  approval by the authorized permitting
  agency —either EPA or a state— before
  they are implemented. There are several
  types of changes, however,.that  may
  require such approval. EPA may deny
  any Class One modification.

    Notifying the Public. Within 90 days
  of implementing a change, a facility mak-
  ing a Class One modification must notify
  the public by sending a notice to all panics
  on its mailing list. This mailing list in-
  cludes people and organizations who have
  asked to be notified of the facility's ac-
  tivities. The list is maintained by the per-
  mitting agency. Citizens may be added to
 the mailing list by sending a written re-
 quest to the agency. Any member of the
 public may ask EPA to review a Class One
 modification.
Class Two Modifications

  Class Two modifications include those
changes that enable a facility to respond to
variations in the types and quantities of
wastes that it manages, technological
advancements, and new regulatory re-
quirements. Gass Two changes do not
substantially alter the facility's design or
the management  practices prescribed by
the permit. They do not reduce—and in
most cases should enhance—the facility's
ability to protect human health and the en-
vironment. Under some circumstances, the
permitting agency may determine that the
modification request should follow the
more restrictive Class Three procedures.

  Class Two modifications address
changes like      i:"

• Increases of 25 percent or less in a facil-
  ity's tank treatment or storage capacity.

• Authorization to treat or store new
  wastes that do not require different man-
  agement practices.

• Modifications to improve the design of
  regulated units  or improve management
  practices.

  The new procedures require the facility
to submit a request for approval of the
change to the permitting  agency. The re-
quest describes the change, explains why
it is needed, and  provides information
showing that the  change jomplifisjyith
ERA's technical standards for the facility.
For Gass Two modifications, a facility
may begin'Construction 60 days after sub-
mitting a request, although the permitting ,
agcney may delay all or part of thev-cpa-  .....
struction.
     Involving the Public. The permit
  holder must notify people and organiza-
  tions on the facility mailing list about the
  modification request by sending them a let-
  ter and publishing a notice in a major local
  newspaper. The notice must appear within
  seven days before or after the facility sub-
  mits the request to the permitting agency.
  The newspaper notice marks the beginning
  of a 60-day comment period and an-
  nounces the time and place of an informal
  public meeting.

    This public comment period is an op-
  portunity for the public to review the facil-
  ity's  permit modification plans at the same
  time as the permitting agency—early in
  the process. All written comments submit-
  ted during the 60-day comment period will
  be considered by the agency before a final
  decision is  made on the modification
  request.

    The public meeting is conducted by the
  permittee and is held no fewer than 15  ;r
  days after the start of the comrrifcnt period
  and noTless than 15'days before ii'ends.
  The purpose of this meeting is tO"p%vide
  for an exchange of views between the pub-
  lic and the facility's owner or operator and,
  if possible, to resplye any issues'concern-
  ing the permit nxxMcation. The meetuig
  is less formal than % 'public; hearings neld
  when,a. nejv RC$A permit is under devel-
  opment. Because the meeting iS'ihtended
  to be a dialogue"t>etween the facility owner
  or operator and its neighbors/trje permit-
  ting agency..!? not required to attend the
  meeting. J:PAl~believes that'the meeting
  will result in more public comments being
  submitted to the agency and, perhaps, vol-
  untary revisions to the permittee's modi-
  fication request.

    To inform citizens about how the facility
  has met the conditions of the permit, the
 ^permitting agency must make .the facility's
 'compliance" history available to ifae public.
's A Compliance history may include  a sum-
  mary of any permit violations, when

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violations have occurred, and how the vio-
lations have been corrected.

  Default Provision. The procedures for
Class Two modifications include a default
provision to ensure that the permitting
agency responds promptly to the facility's
request. The agency must respond to a re-
quest within 90 days or, if the agency calls
for an extension. 120 days.  If the agency
does not reach a final decision on the re-
quest within 120 days, Che facility is auto-
matically allowed to conduct the requested
activities for 180 days. During this period,
the facility must comply with all federal
and state regulations governing  hazardous
waste facilities. If the permitting agency
still has not acted by day 250. the facility
then must let the public know that the fa-
cility will become permanently  authorized -
to conduct the proposed activities unless
the agency approves or denies the request
by day 300. At any time during the Class
Two  procedures, the agency may reclassify
the request as Class Three if there is sig-
nificant public concern or if the  permitting
agency determines  thrt the  facility's pro-
posal is  too complex for the Class Two
procedures. This reciassification would re-
move the possibility of an automatic deci-
sion  by default.
Class Two Modification Icriedtile

Day 1       Modification request re-
             ceived .by agency. News-
             paper notice published and
             mailing list notified.
Days 15-45  Informal public meeting
             held.
Day 60      Written public comments
             due to agency.
Day 90      Agency response to Class
             Two modification request
             due. Deadline may be ex-
             tended 30 days.
Day 120     If no response, requested
             activity may begin for 180
             days.
  Day 250     If still no response, public
               notified.
  Day 300     If still no response-, activity
               permanently authorized.
  Class Three Modifications

     Class Three modifications address
  changes that substantially alter a facility or
  its operation. For example, the following
  modification requests fail under Class
  Three:

  • Requests to manage new wastes that re-
    quire different management practices.

  • Major changes to landfill,  surface im-
,>-   poundment, and waste pile liner, leach-
    ate collection, and detection systems.

  • Increases in tank, container, or incinera-
.   tor capacity of more than 25 percent.

: • Major changes  to the facility's ground-
    water monitoring program.

     Involving the Public. For Class Three
  modifications, the facility must initially
  follow the same public notice,  comment,
  and meeting procedures as for Class Two
  modifications. This allows for early public
  review and comment on proposed changes.
.Then the permitting agency  must prepare a
  (draft permit niodffic'ation, allow 45 days
  for public comment on the draft, hold a
  public hearing if requested,  and then issue
  or deny the permit modification request.
  Public Involvement Steps for
  Class Three Modifications:

  The facility representative

  • Requests a modification of the permit to
    the permitting agency.

  • Notifies the public.

  • Holds a public meeting.
The permitting agency

• Allows 60 days for public comment on
  the modification request.

• Prepares draft permit modification
  conditions.

• Notifies the public of the agency's draft
  permit conditions.

• Allows  45 days for public comment on
  permit conditions.

• Holds a public hearing, if requested.

• Issues or denies the revised permit
  conditions.
Temporary Authorization

  For certain Class Two or Three modi-
fications, the permitting agency may grant
a facility temporary authorization to per-
form certain activities for up to 180 days.
For example, temporary authorizations *
may be granted to ensure that cleanup/
corrective actions, and closure activity
can be undertaken quickly and that sudden
changes in operations not covered under a
facility's  permit can be  addressed
promptly. Activities performed under a
temporary authorization must comply with
the applicable waste management regula-
tions. The facility must notify the public
within seven days of making the request.
The permitting agency may grant a tempo-
rary authorization without notifying the
public. A facility may renew  a temporary
authorization only by requesting a permit
modification and initiating public
participation.
i
Administering Permit
Modifications

  These procedures are effective now m
states where EPA administers the RCRA
program. States with hazardous waste pro
grams equivalent to, or more stringent
than, the federal program may be autho-
rized by EPA to administer RCRA
ardous waste programs. Authorized si
                                                                                                                   I

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 are not required to adopt this new permit
 modification process, although it is ex-
 pected that many of them will. Therefore,
 for state-administered RCRA permits,  the
 state agency may use different modifica-
 tion procedures until it adopts the new
 modification approach. However, EPA may
 use these new procedures in authorized
 states whenever it is  necessary to change a
 RCRA permit to implement provisions im-
 posed by federal law. EPA regional offices.
 listed below, maintain up-to-date informa-
 tion about which states are following this
 and other hazardous  waste programs.


 Getting Involved

   EPA encourages community involve-
 ment in the permitting and permit modi-
 fication processes. The revised permit
 modification procedures expand oppor-
 tunities for the public to be notified and to
 participate.  The procedures also allow  for
 the expeditious approval of requests when
  ere is no apparent public concern about
   
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U S. Environmental Protection Agency .
Rpfion b, Library !PL-12.1)
77 We;;  J-S::::.n 6u>V3:,:i,  12th Roof.
Chicago,  1L   GOS04-Jb90
                                                                            J

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