&EPA United States Environmental Protection Agency Office of Emergency and Remedial Response Washington DC 20460 Spring 1986 WH/FS-86-004 Public Involvement in the Superfund Program How are local citizens involved in decisions about cleanup actions in their communities? To guarantee that local citizens are involved in decisions about cleanup actions in their communities, the U.S. Environmental Protection Agency (EPA) has established a Superfund Community Relations Program. This Program helps inform citizens in an area where a hazardous waste response action is underway or planned. But the goal is not just to provide information to the local community. Equally important, the Community Relations Program also gives local citizens a voice in decisions about actions that may affect them. The information that citizens provide to EPA about the history of a site is very valuable to EPA in planning a response action. Citizens' knowledge about when and how a site was contaminated has helped EPA select the areas in and around the site where sampling and monitoring are needed. EPA may also learn about who is responsible for a problem from discussions with community members. EPA also considers citizen concerns in choosing how to clean up the site, so that the cleanup actions will deal with the problems especially important to the community. Community relations activities are somewhat different during a short-term "removal" action and a longer-term "remedial" action. During a removal action, the On-Scene Coordinator (the person in charge at the site) has to protect public health and property until the inmediate threat is over. During such times, the primary community relations activity is to inform the community about response actions and their effects on the community. During a removal action, there is often very little time to involve citizens in how the site will be cleaned up because of the urgency of the problem. In 1980, Congress passed a law called the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). CERCLA created a tax on the chemical and petroleum industries. The money collected from the tax goes to a Trust Fund to clean up abandoned or uncontrolled hazardous waste sites. The money has come to be called the Super/und. The U.S. Environmental Protection Agency (EPA) is responsible for running the Superfund program. Under the Superfund program, EPA can: Pay for the cleanup of hazardous waste sites when those responsible for such sites cannot be found or are unwilling or unable to clean up a site. Take legal action to force those responsible for hazardous waste sites that threaten public health or the environment to clean up or pay for the cleanup of those sites or reimburse EPA for the costs of cleanup. The law authorizes two kinds of response actions: Short-term removal actions where immediate actions may be taken to address releases or threats of releases requiring expedited response. Longer-term remedial actions that stop or substantially reduce releases or threats of releases of hazardous substances that are serious but not immediately life-threatening. Response actions may include, but are not limited to: Removing hazardous materials from the site to an EPA- approved, licensed hazardous waste facility for treatment, containment, or destruction. Containing the waste on-site so that it can safely remain there and present no further problem. Destroying or treating the waste on-site through incineration or other innovative technologies. Identifying and removing the source of ground water contamination, and halting further spread of the contaminants. This fact sheet is one of a series prepared by the Superfund Community Relations Program to help citizens understand how the Superfund program works. ------- During a removal action that lasts longer than 45 days or a remedial action there is tore opportunity for citizens to learn about EPA activities and communicate their concerns to EPA. Community Relations Plans EPA learns about community concerns by conducting community interviews. These are informal discussions with local residents .and governmenT officials, usually at individual's homes or offices-. Through these discussions, EPA learns about the history of the 'site and gains a basic understanding of the concerns of the community. EPA uses this information to prepare a Community Relations Plan for sites where removal actions last longer than 45 days and all remedial actions. The Plan outlines in detail the activities EPA will conduct to make sure that local residents can express their opinions and concerns about the site, and are kept informed of any actions at the site throughout the Superfund cleanup process. There are many ways EPA exchanges information with the community. Typically, one of the first steps is to set up an information file that contains accurate, up-to-date documents on the site. The file is usually located in a public building that is convenient for local residents such as a public school, library/ or town hall. File materials may include news releases, fact sheets, and technical reports about EPA's activities and the contamination problem at the site. A contact person is very important. Residents may contact this person to answer questions about the site. This contact, usually a Superfund community relations staff person in the nearest EPA Regional Office, can answer questions throughout the Superfund process. A State staff member will be the contact person when the State manages the cleanup. While the information file and contact person are normally a part of every community relations program, EPA also uses a variety of other activities to ensure that local citizens are informed and given a chance to participate: Small discussion groups in which concerned citizens can exchange information with government officials; Large public meetings at which many community members can gather to listen to presentations about site developments, raise issues, express their concerns and ask questions; News releases issued to the media announce milestones in work at the site, such as the beginning of construction; Fact sheets summarizing current knowledge about the site's problems and cleanup options under consideration. In scene cases, EPA may be limited in the amount o* information that it can make available to the public. For example, EPA usually tries to pursue legal action to make those responsible for the contamination at a site pay for or conduct the cleanup. As a ------- result, there may be some sensitive or confidential information that, if disclosed to the public, could damage the government's legal case. Before all major decisions are made on remedial actions at a site EPA gives the public an opportunity to comment. Community involvement is particularly important during the public comment period provided after the Remedial Investigation/Feasibility Studfy (RI/FS) is completed. This report describes the contamination and the response actions being considered. A copy of the draft RI/FS is placed in the information file, and other copies are made available for public review. Because the report itself may be quite long and techical, EPA usually prepares and distributes a fact sheet at this time to summarize the results of the study. Community members may also be invited to attend workshops or a public meeting to discuss the response actions. .The feedback that EPA receives from the public during the comment period is one of the factors EPA considers in selecting response actions. EPA also considers the reliability, the effectiveness and the cost of construction and maintenance of each alternative. Can Citizen Input Really Influence EPA Cleanup Plans? Public comment and involvement have significantly influenced EPA's plans for cleanups in a number of instances and citizens have provided EPA with valuable information about conditions at a site. For example: At a site in Illinois, local citizens and businesses expressed concern that EPA's proposed cleanup alternative would limit the use of a nearby lakeshore and harm the town's economy. /In response to these concerns, EPA developed another cleanup alternative that preserved the town's use of the lakeshore At a site in Minnesota, local residents expressed a strong preference for treatment of local contaminated wells over connec- tion to the reservoir supply of a nearby city. After careful consideration of information provided by the residents, EPA proposed a plan to treat the local wells to remove contaminants. Local residents are often an excellent source of information. Many have lived in an area for years and can help identify those responsible and help locate illegally disposed waste sites in the neighborhood. Many times local residents have called the National Response Center (1-800-424-8802), a special number set up to report hazardous materials.that present an imninent threat. Although EPA tries to include the community's preferences in selecting a remedy for the site, requirements of the Superfund law may lead EPA to select a response action that is not the community's first choice, that is, the remedy that is most effective, considering cost, reliability and permanence. The goal of the Superfund community relations program is to ------- ensure that citizens are kept as well-informed as possible about cleanup plans and progress and, at the same time, have a say in decisions about Superfund actions taken in their communities. Public involvement in Superfund contributes to sound decisions and greater protection of public health and the environment. For further information on the Superfund Program, call toll free 1-800-424-9346 ------- |