mi
United States
Environmental Protection
Agency
Enforcement and
Compliance Assurance
(2201 A)
EPA 300-K-96-003 1
November 1996
Office of Environmental Justice (OEJ)
Developed
by the Public Participation
and Accountability Subcommittee
of the National Environmental Justice
Advisory Council
A Federal Advisory Committee to
the U.S. Environmental Protection Agency
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The Model Plan for Public Participation was prepared by
representatives of the NEJAC Public Participation and
Accountability Subcommittee and the U.S. EPA Office of
Environmental Justice. The document is published by the
Office of Environmental Justice and is endorsed by the
NEJAC. This document is published as a living document
that will be reviewed annually and revised as necessary.
Comments should be sent to the address below.
U.S. Environmental Protection Agency
Office of Environmental Justice
401 M Street, SW (Mail Code: 2201 A)
Washington, DC 20460
(202)564-2515
i Printed on Recycled Paper
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National Environmental Justice
. Advisory Council _
Dear Colleagues and Friends:
The National Environmental Justice Advisory Council (NEJAC)
considers public participation crucial in ensuring that decisions affecting human
health and the environment embrace environmental justice. To facilitate such
public participation, the NEJAC requested that its Public Participation and,.
Accountability Subcbmmittee devejop recommendations for methods
by which EPA can institutionalize public participation in its environmental '
programs. In 1994> the Public Participation and Accountability
. Subcommittee developed the Model Plan for Public Participation. The
plan is based on two guiding principles an.d four critical elements. The
NEJAC adopted the model plan as a living document to be reviewed
annually and revised as needed.
We are pleased to send you a copy of the Model Plan for Public
Participation. We also, have enclosed the Core Values for the Practice of
Public Participation developed by Interact: The Journal of.Public.Partidpation
and the Environmental Justice Public Participation Checklist developed by the
Interagency.Working Group on Environmental Justice for use by Federal and
State agencies. We invite you to consider the model plan as a tool that will '
guide the public participation process. Please share this document with others .
who may be interested in encouraging broader community participation in the
environmental decision-making process.
Please forward any written comments to: . -
NEJAC Public Participation and Accountability Subcommittee
, c/o U.S. Environmental Protection Agency -' .
Office of Environmental Justice
,401 M Street, SW (Mail Code: 2201 A) ' -
Washington, DC 20460. . "....
Phone: (202)564-2515
Hotline: (800)962-6215
Fax: (202)501-0740
. Internet E-mail: environmental-justice-epa@epamail.epa.gov
World Wide Web: http://es.inel.gov/oeca/oej.html
Sincerely, . ; -''".
Richard Moore, Chairman
National Environmental Justice
Advisory Council
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BACKGROUND
The National Environmental Justice Advisory Council (NEJAC) is a federal advisory
committee that-was "established by charter on September 30, 1993, to provide
independent 'advice, consujtation, and recommendations to the Administrator of the U.S.
Environmental Protection Asency (EPA) on matters related to environmental justice. The
NEJAC is made up of 25 members,. and one designated federal official (DFO), who serve
on a parent council that has six subcommitteesEnforcement, Health and Research,
Indigenous Peoples, International, Public Participation and Accountability, and Waste and
Facility Siting., Along with the NEJAC members who fill subcommittee posts, an additional
34 individuals serve on the various subcommittees. The NEJAC has held-meetings in
locations across'.the United States, including Washington, D.C,/ Albuquerque, New
Mexico/ Herndon, Virginia/ Atlanta", Geo;gia/. Arlington, Virginia/ and Detroit, Michigan.
"As a federal advisory committee, the NEJAC is bound'by all requirements of-the Federal
Advisory Committee Act.(FACA) of October 6, 1972. Jhose.requirements include:
. Members must be selected 'and appointed by EPA ' ..
Members must attend and participate fully in, meetings of the NEJAC-
Meetings must be open to the public, except as specified by the Administrator
All meetings must be.announced in the Federal Register
' Piiblic'participation must be allowed at all public meetings
The public must be provided access to materials distributed- during the meeting
Meeting minutes must be kept and made available to the public ' .
NEJAC must provide independent judgment that is not influenced by special.
interest groups ' . . '
Each subcommittee, formed to deal with a specific topic and to facilitate the conduct of the
business of the NEJAC, has a DFO and is bound 'by the requirements of FACA,
Subcommittees of the NEJAC meet independently of the full NEJAC and present their
findings to the NEJAC for review. Subcommittees cannot make recommendations '
independently to EPA. In addition to the six subcommittees, the NEJAC has established a
Protocol Committee, the members of which are the chair of NEJAC and ,the chairs of.each
subcommittee. -
EPA's Office of Environmental Justice (OEJ) maintains transcripts, summary reports, arid
other material distributed during the meetings. Those documents are available to the public
upon request. ' . ' ' -
Comments or questions .can be directed to OEJ through the Internet. OEJ's Internet E-mail
address is: environmental.jusfke.epa@epamail.epa.gov.
Executive summaries of the reports of .the NEJAC meetings are available on the Internet at
OEJ's World Wide Web home page: http://ei.inel.gov/oeca/oej.html.
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TABLE OF CONTENTS
Background ....... .............. ............ ................. ; ________ jj
The Model Plan for Public Participation '....-. ..... .... ....... . 2
Core Values for the Practice of Public Participation ....; ..... 5
Environmental Justice Public Participation Checklist
for Government Agencies ........ ........ ....... ... ____ ............ 6
Acknowledgments, ;............ ...... ...... ....... inside back cover
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* .
GUIDING PRINCIPLES
A. PUBLIC PARTICIPATION
I.' Encourage public participation in all aspects of environmental
decision making. .
-, Communities, including all types of stakeholders, and agencies should be
, seen as equal partners iri dialogue on environmental justice issues. ln;'
order to build successful partnerships, interactions must: . '
,, 'Encourage active community participation ' ..
Institutionalize public participation .
Recognize community knowledge ;
.'''.. . Utilize cross-cultural formats and exchanges . " ;
II. Maintain honesty and integrity in the process and articulate goals, .
, expectations, and limitations.
CRITICAL ELEMENTS
A. PREPARATION
'* . I. Developing co-sponsoring and co-planning relationships with community
... organizations is essential to successful community meetings. To ensure a
successful meeting/ agencies should provide co-sponsors the resources
they need and should share all planning roles.
These roles include: .'...-
,, -" Decision making, " ' .....
t, ' ' " - Development of the agenda
Establishment of clear goals .
Leadership " '
' Outreach
II. ' Educating the community to allow equal participation and provide a
i.' .means. to influence decision making. ''.'"-.
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III. Regionalizing materials to ensure cultural sensitivity and relevance.-
' ' l
IV. Providing a facilitator who is sensitive and trained in environmental,
, justice issues. ' . .
B. PARTICIPANTS
I. As the NEJAC model demonstrates, the following communities should
be involved in environmental justice issues: '
Community and neighborhood groups .
Community service organizations (health, welfare, and others)
: , Educational institutions and academia
; Environmental organizations - ' '."
, Government agencies (federal, state/county, local, and tribal)
. Industry and business , . ' .
. ' . Medical community .
Nongovernment organizations. . . ' . '
. Religious communities V" .. r '
Spiritual communities
II. Identify key stakeholders, including:
Educational institutions -.,-.' '
. Affected communities
.* Policy and decision makers (for example, representatives of
agencies accountable for environmental justice issues, such as
. health officials, regulatory and enforcement officials, and .
social.agency staff). ' ....
C, LOGISTICS
^' I. . Where: - , . . ' .
The meetings should be accessible to all who wish to attend
... (public transportation, child care, and access for .the disabled
should be considered). - .
The meeting.must be held in an. adequate facility (size and
conditions must be considered).
:. . * Technologies' should be used to allow more effective
communication (teleconferences, adequate translation, '
. equipment, and other factors). '.
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II. When:
How:.
The time of day and year of the meeting should accommodate
the needs of affected communities (evening and weekend '
meetings accommodate working people, and careful scheduling
can avoid conflicts with other''community or cultural events). :
An atmosphere of equal participation must be created
(avoid using a "panel" or "head table").,
A two-day meeting, at a minimum, is suggested.. The first day
should be reserved for community planning and education.
The community and the government should share leadership
and presentation assignments.
D. MECHANICS
Maintain clear goals by referring to the agenda/ however, do
not be bound by it. ' ; ' . .
Incorporate cross-cultural exchanges in the_presentatipn of
information and the meeting agenda.
Provide a professional facilitator who is sensitive to, and :
trained in, environmental justice issues.
Provide a timeline .that describes how the meeting fits into the
overall agenda of the issues at hand.
Coordinate follow-up by developing an action plan and
determining who is the contact person who will expedite the
work products from the meeting. ' . '
Distribute minutes and a list of action items to facilitate
follow-up.
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CORE VALUES FOR THE PRACTICE
OF PUBLIC PARTICIPATION
1. People should have a say indecisions about actions which affect their lives.
' ' . .
2. Public participation includes the promise that, the public's contribution will
.influence the decision. . . .
. 3. The public participation process communicates the interests and meets the
. process needs of all participants. , -. . . .
4.. The public participation process seeks, out and facilitates the involvement .of.
those potentially affected. , : .
5. The public participation process involves participants in defining how they.
participate. ',.' . ;
6. The public participation process communicates to participants how their input -
was, or was not, utilized... . . ,
7. The public participation process provides participants with'the information they
need to participate in a meaningful way. . .
Source: Interact: The Journalo!Public Participation, Volume 2, Number 1, Spring 1996. InteractIs
published by the-International Association of Public Participation Practitioners, a non-profit corporation
established in 1990 to serve practitioners throughout the world seeking praclicalexperience designing
and conducting public involvement programs. . ' . .
5.
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ENVIRONMENTAL JUSTICE
PUBLIC PARTICIPATION CHECKLIST
FOR GOVERNMENT AGENCIES
Please note that this checklist was developed by Federal agencies for use by Federal
and State agencies. It serves as an example of a process to be followed and does
not include regulatory requirements. Please contact the U.S. Environmental
Protection Agency Office of EnvironmentalJustice for more information about the
public participation process, within the regulatory framework.
1. Ensure that the Agency's public participation policies are consistent with the
requirements of the Freedom of Information Act, the Emergency Planning and
Community Right to Know Act and the National Environmental Policy Act.
2. Obtain the support of senior management to ensure that" the Agency's policies
and activities are modified to ensure early, effective and meaningful public
. participation, especially with regard to Environmental Justice stakeholders.
Identify internal stakeholders and establish partnering relationships.
3. Use the following Guiding' Principles in setting up all public meetings:
Maintain honesty and integrity throughout the process
Recognize community and indigenous knowledge
*, Encourage active community participation
' Utilize cross-cultural formats and exchanges ' ,
Identify external Environmental Justice stakeholders and provide opportunities
to offer input into decisions that may impact their health, property-values and
lifestyles. Consider at a minimum individuals from the following organizations
as aDDrooriate: K/^J:,/D,-^
Media/Press
Indigenous .people
Tribal governments
Industry
White House
Religious groups
Universities and schools
as appropriate:
Environmental organizations
Business and trade organizations
Civic/public interest groups
Grassroots/community-based organizations
Congress .
federal agencies
Homeowner and resident organizations
International organizations
Labor unions
Local and State government
Identify key individuals.who can represent various stakeholder interests. Learn
as much as possible about stakeholders and their concerns through personal
consultation, phone or written contacts. Ensure that information-gathering
techniques .include modifications for minority and low-income communities (for
example, consider language and cultural barriers, technical background, literacy,
access to respondents, privacy issues and preferred types of communications).
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Solicit stakeholder involvement early in the policy-making .process, beginning "in
the planning and. development stages and continuing through implementation and .
oversight. . '''.' ' < -
7- Develop co-sponsoring/c6-plannirig relationships with community organizations, ;
.providing resources for their needs..- '. .
8. Establish a central point of contact within the Federal agency to assist in
. .information dissemination, resolve problems and to serve as a visible and
accessible'advocate of the public's right to know about issues that affect
health or environment. ' ' . '
Regionalize materials to ensure cultural sensitivity and .relevance. Make
.'information readily accessible (for example, access for the handicapped and
sight- and hearing-impaired) and understandable'. Unabridged documents
should be placed in repositories. Executive summa.ries/fact sheets should be
prepared in layman's language. Whenever practicable and appropriate,
translate targeted documents, for limited English-speaking population. :
1.0..Make information available in a .timely manner. Environmental'Justice
stakeholders should-be. viewed as full partners and Agency customers. They "
should be provided with information at the same time it is submitted for formal
.review to State, Tribal and/or Federal regulatory agencies. . - .'"
11. Ensure that personnel at. all levels in the Agency clearly understand policies for
transmitting information to Environmental Justice stakeholders in a timely,
: accessible and understandable fashion. - :' ; ' '
12. Establish site-specific community advisory boards where there is sufficient and
sustained interest: To determine whether there is sufficient and sustained interest,
. at a minimum, review correspondence files, review media coverage, conduct
interviews with local community members and advertise in local newspapers;
Ensure that the community representation includes all aspects and diversity of the
population. Organize a member selection panel. Solicit nominations from the
community. Consider providing administrative and .technical support to the
community advisory board. '
13. Schedule meetings and/or public hearings to make them accessible and
user-friendly for Environmental Justice stakeholders. Consider, time frames.
that do not conflict with, work schedules, rush hours, dinner hours and other. ..
, community .commitments that may decrease attendance. Consider locations and
facilities that are local, -convenient and represent neutral turf. Ensure that the
facility meets American with Disabilities Act Statements about equal access.
Prqvide: assistance for hearing-impaired individuals. .Whenever practical and
appropriate, provide translators for limited-English speaking communities.
Advertise the meeting and. its proposed agenda in a timely manner in the '
print and electronic media. Provide a phone number and/or address for
communities to find out about pending meetings, issues, enter concerns or :
to seek participation or.alter meetings' agendas. . .
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.^Consider other vehicles to increase participation of Environmental Justice
^ stakeholders including: . .
Posters arid Exhibits
Participation in Civic and Community Activates
Public Database and Bulletin Boards
Surveys . '
Telephone Hotlines . ..
Training and Education Programs, Workshops and Materials
1 5. Be sure that trainers have a good understanding of the subject matter both
technical and administrative. The trainers are the Ambassadors of this program.
If they don't understand "no one will. ' , . - '' ''
16. Diversity in the workplace: whenever practical be sure that those individuals that
. are the decision makers reflect the intent of the Executive Order and come from
diverse backgrounds, especially those of a community the Agency will have .
extensive interaction with. ', . .' '
1 7. After holding a public forum in a community, establish a procedure to
follow up with concrete action.to address the cornmuniti'es'concerns. This
will help to establish credibility for your Agency as having an active role in the
Federal government. . ,' '
. . . ' § i
18. Promote interagency coordination to ensure that the most'far reaching aspects of
environmental justice are sufficiently addressed in'a timely manner. .Environmental
problems do not dccur along departmental lines. Therefore/solutions require
many agencies and other stakeholders to work together efficiently and effectively.
1 9. Educate stakeholders about all aspects of environmental justice (functions, roles,
jurisdiction, structure and enforcement); .
20. Ensure that research projects identify environmental justice issues and needs in
communities, and how to meet those needs through the responsible agencies.'
21. Establish interagency working groups (at all levels) to address and coordinate
, issues of environmental justice. .-'.-
22. Provide information to communities about the government's role as it pertains
to short-term-and long-term economic and environmental needs and ".'
health effects. "' . ...
23. Train staff to support inter-and intra-Agency coordination, and make them aware
. of the resources needed for such coordination. ' '
24. Provide Agency staff who are trained in cultural, linguistic and community
outreach techniques. . '
25. Hold workshops, seminars and other meetings to develop partnerships between
agencies, workers and community groups. (Ensure mechanisms are in place to
ensure that partnerships can be implemented via cooperative agreements, etc.)
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I 26. Provide effective outreach/ education and communications. Findings shquld.be
shared with community members, with an emphasis on being sensitive and
respectful to race, 'ethnicity, gender, language, and culture.
[27. Design and implement educational efforts tailored to specific.communities and
" problems. Increase the involvement of ethnic caucuses, religious groups, the
press, and legislative staff in resolution of Environmental Justice issues.
[ 28. Assure active participation of affected communities in the decision-making process.
for outreach, education, t'faining~and community programs -- including" ". -.
representation on advisory .councils and review committees.
29. Encourage Federal and State governments to "reinvent government" overhaul
the bureaucratic in favor of community responsive. - '
' '.;
30. Link environmental issues to local economic issues to increase level of interest.
I 31. Use local businesses for environmental cleanup or other related activities.
32v Utilize, as appropriate, historically Black Colleges and Universities (HBCU) and
Minority Institutes (Ml), .Hispanic Serving Colleges and Universities (HSCU)
and Indian Centers to network and form-community.links that they can provider..
| 33. .Utilize, as appropriate, local expertise for technical and science reviews.
| 34. Previous to conducting the first Agency meeting, form;an agenda with the
." assistance of community and Agency representatives. ' . ..'...
| 3 5 . Provide "open microphone" format during meetings to allow community members
-to.ask questions and identify issues from the community. '"
Bibliography: ;
"Interim.Report of the Federal Facilities Environmental Restoration Dialogue Committee,"
February 1 993, U.S. Environmental Protection Agency and the Keystone
Center. ' .
"Community Relations in Superfund: A Handbook," January 1992, U.S. Environmental
, Protection, Agency, Documents #. EPA-540-R-92-009 and # PB92-
. 963341, ' . . '
DRAFT "Partnering Guide for DoD Environmental Missions," July 1994, Institute for
. Water Resources, U.S.A.CE. ...
"Improving Dialogue with Communities: A Short Guide for Government Risk
- Communications," September 1991, Environmental Communications Research.
Program,'New Jersey Agricultural Experiment Station, Cook College, Rutgers
... University. . '-.,.
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NOTES
10
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ACKNOWLEDGMENTS
The NEJAC gratefully acknowledges the efforts of the following current and
former members of .the Public Participation and Accountability Subcommittee
who contributed to the development of this document:
Dana Alston
Public Welfare Foundation
Carl Anthony
Earth Island Institute and Urban Habitat
Mable Butler
Orange County, CA County Commission
Domingo Gonzales
Texas Center for Policy Studies
Dolores Herrera
Albuquerque San Jose
Community Awareness Council, Inc.
Lawrence Hurst
Motorola, Inc.
Pamela Tau Lee
University of California
Center for Occupational and
Environmental Health
Robert Knox
Office of Environmental Justice
U.S. Environmental Protection Agency
John Kyle
National Association of Manufacturers
Dune Lankard
Eyak Rainforest Preservation Fund
John O'Leary
Pierce Atwood
Cindy Thomas
Alaska Native Health Board
Salomon Rondon-Tollens
Puerto Rico Natural Resources and
Environmental Quality Commission
Peggy Saika
Asian Pacific Environmental Network
Connie Tucker
Southern Organizing Committee for
Economic and Environmental Justice
Haywood Turrentine
Laborers-International Union
of North America
Baldemar Velasquez
Farm Labor Organizing Committee
Beverly Wright
Xavier University
Deep South Center for
Environmental Justice
In addition to all those who have provided input at meetings of the subcommittee,
the NEJAC also expresses appreciation to the following individuals
who assisted in the development of this document:
Delta Figueroa
Office of Environmental Justice
U.S. Environmental Protection Agency
Clarice Gaylord
Office of Environmental Justice
U.S. Environmental Protection Agency
Renee Coins
Office of Environmental Justice
U.S. Environmental Protection Agency
Marva King
Office of Environmental Justice
U.S. Environmental Protection Agency
Linda Smith
Office of Environmental Justice
U.S. Environmental Protection Agency
In Memoriam
Jean Sindab
National Council of Churches
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