vvEPA
United States
Environmental Protection
Agency
Office of
Solid Waste and
Emergency Response
DIRECTIVE NUMBER: 95OT,1»-1A?
TITLE:
GUIDANCE. ON PUBLIC INVOLVEMENT IN TSE RORA
P80GBAM
r 1986
APPROVAL DATE
EFFECTIVE DATE
ORIGINATING OFFICE: :
0 FINAL
D DRAFT
STATUS:
REFERENCE (other documents):
OSWER OSWER OSWER
fE DIRECTIVE DIRECTIVE
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f UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
WASHINGTON, D.C. 20460
MAR 14 1986
OFFICE OF
SOLID WASTE AND EMERGENCY RESPONSE
MEMORANDUM OSWER Policy Directive No. 9500.00-1A
SUBJECT: Guidance Document on RCRA Public Involvement
FROM: J. Winston Porter
Assistant Administrator
TO: Hazardous Waste Division Directors, Regions I - X
Enclosed you will find a final guidance document entitled
"Guidance On Public Involvement in the RCRA Permitting Program".
This document has been developed with extensive involvement by
the Regions and States, and is intended to provide RCRA staff
with a clear understanding of approaches and techniques which
may be used in implementing the Agency's initiatives on expanded'
public involvement in the RCRA permit program. Also enclosed,
for your information, is an analysis of the major comments which
were received on the original draft of the guidance, and how those
comments were incorporated into the final document.
As you know, expanded public involvement is a cornerstone of
EPA's overall strategy for implementing the RCRA hazardous waste
program. The Agency's strong commitment to this initiative is
outlined in the National Permits Strategy and the FY86 RCRA
Implementation Plan. This Office will continue to support Regional
and State RCRA public involvement efforts with guidance, training
and other support activities.
If you have any questions regarding this guidance, or other
aspects of the RCRA permits public involvement program, please
contact Vanessa Musgrave of the Office of Solid Waste at
FTS 382-4751.
cc: Regional Hazardous Wastes Branch Chiefs
Regional Enforcement Branch Chiefs
Regional Public Involvement Coordinators
Regional Public Affairs Directors
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GUIDANCE ON PUBLIC INVOLVEMENT IN THE
RCRA PERMITTING PROGRAM
Office of Solid Waste
U.S. Environmental Protection Agency
January 1986
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Guidance on Public Involvement In the RCRA Permitting Program
Surr.marv cf Directive
Outlines a basic approach and possible techniaues to
involve local communities in decision-making on
facility permits.
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Review Plan
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OSWER Policy Directive No. 9500.00-1A
CONTENTS
Chapter Page
1. Introduction. 1
2. Policy and Guidelines for Public Involvement 2
3. Key Activities During the Permitting Process 12
4. Techniques for Conducting Public Involvement Activities 19
5. Special Issues 47
5.1 Public Involvement in Exposure Assessments [reserved]
5.2 Public Involvement in Incinerator Certification
[reserved]
5.3 Public Involvement in Corrective Action [reserved]
5.4 Public Involvement in Siting New Facilities [reserved]
Appendix A: Format for Public Involvement Work Plans
Appendix E: Samples of Written Materials and Publications
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OSWER Policy Directive No. 9500.00-1A
PREFACE
This guidance document was developed by the Office of Solid Waste with
support from ICF Incorporated under Contract No. 68-01-6861. It is intended
to assist the EPA regional offices and state agencies in expanding public
involvement in RCRA permitting, as suggested in EPA's National Permits
Strategy.
This guidance document incorporates stratcgi?? and techniques previously
developed for and already used by EFA. It includes excerpts or adaptations
from the following documents:
Community Relations in Superfund: A Handbook. Prepared by ICF Incorporated
for the U.S. EPA. September 1983.
EPA and the Public: A Handbook on Public Participation Concepts and Skills.
Barry Lawson Associates, Inc. 1981.
"Responsiveness Summary and Preamble on Public Participation Policy,"
Vol. 46, Federal Register, No..12. 1981.
Hov to Write a Public Notice: A Collection of Examples. Barry H. Jordan.
U.S. EPA Water Programs Operations.' December 1979.
Implementation of the Resource Conservation and Recovery Act, U.S. EPA,
No. EPA/530-SW-84-007. 1984.
Citizen Participation Handbook for Public Officials and Other Professionals
Serving the Public. Annemarie and Hans Bleiker. 1981.
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OSWER Policy Directive No. 9500.00-1A
1. INTRODUCTION
This guidance has been prepared for staff in U.S. Environmental Protection
Agency (EPA) regional offices and in authorized states to facilitate public
involvement in the permitting of hazardous waste management facilities under
the Resource Conservation and Recovery Act (RCRA). It outlines a basic
approach to involving the local community in decision-making on a facility's
permit, and identifies a series of key activities that should be conducted
during the permitting process. The emphasis is on explaining how to plan,and
organize public involvement efforts. Suggested techniques for issuing public
notices, holding meetings, responding to comments, and performing similar
activities are also explained.
This guidance reflects EPA policy as stated in the National Permits
Strategy (August 1984). It incorporates public participation requirements in
RCRA section 7004(b)(l) and in EPA regulations on procedures for decision-
making in 40 CFR Part 124, Subpart A.
The organization of this guidance is as follows. Chapter 2 presents EPA's
policy and general guidelines for public involvement in RCRA permitting.
Chapter 3 suggests activities for particular points in the permitting process
to aid in planning, designing, and organizing a public involvement effort for
a facility. Chapter. .4...is..a__"how..t(xl-,..p.r«&entari.on-. It consists of- -discussions
of typical public involvement activities, with explanations of techniques for
preparing and conducting these activities in the context of hazardous waste
management facility permitting. Chapter 5 (reserved) addresses special issues
that may require particular attention in planning a public involvement
effort. There are two appendices. Appendix A provides a format for the plans
to be used to help prepare public involvement efforts, and Appendix B provides
samples of materials for public distribution.
For further information on this guidance, contact Vanessa Musgrave in the
Office of Solid Waste at (202) 382-4751. .
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OSWER Policy Directive No. 9500.00-1A
2. POLICY AND GUIDELINES FOR PUBLIC INVOLVEMENT
Public involvement in the permitting of hazardous waste treatment,
storage, and disposal facilities provides an opportunity for all potentially
affected and interested parties to become informed .about and involved in the
permitting process. Whether the final determination is to issue or deny a
permit, public involvement ensures that decision-makers are better informed.
Early public involvement can provide decision-makers with advance notice of
citizens' concerns. It can also provide valuable information and ideas for
consideration in developing environmentally protective permit conditions. The
result will be permits better matched to particular facilities and their
respective communities, and which will ultimately serve more effectively as a
basis for sound hazardous waste management practices. Indeed, an active and
early public involvement program may reduce delays in the permit process by
decreasing the likelihood of time-consuming and expensive litigation by
parties whose concerns have not been heard or addressed.
Accordingly, EPA's National Permits ?:-ategy assigns high priority ~:
early and expanded public involvement in facility permitting under RCRA. This
guidance has been developed by the Permits Branch of EPA's Office of Solid
Waste to support the implementation of an early and expanded public
involvement program. The guidelines it offers are presented pursuant to the
National Permits Strategy and to the public participation provisions of RCRA
section 7004 and EPA regulations in 40 CFR Part 124. It has been prepared for
use both by the EPA regional offices and by states authorized to issue RCRA
permits.
This chapter of the guidance document is a policy statement that outlines
the objectives of public involvement in the permitting program and offers
basic guidelines for ensuring opportunities for the public to-participate.
Chapter 3 explains how to integrate'public involvement with decision-making on
a facility .permit.
2.1 OBJECTIVES AND RATIONALE
The objectives of encouraging public involvement in RCRA permitting are as
follows:
Create early and continuing opportunities for public
.participation in RCRA permitting activities.
Ensure public understanding of the RCRA program and of the
implications of not awarding a filial RCRA permit to a
facility.
Obtain the public's input to assist in evaluating a
permit's environmental soundness.
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OSWER Policy Directive No. 9500^00-1A
Create equal and open access to the permitting process.
Ensure agency understanding of and responsiveness to
public concerns.
Anticipate conflicts and provide early means for
resolution.
Foster trust and openness between EPA or the state and the
public.
Emphasize the responsibilities of agency and program
management for promoting effective public involvement in
decision-making.
2.2 SCOPE OF APPLICABILITY OF PUBLIC INVOLVEMENT PROGRAM
The National Permits Strategy establishes as a key priority of the RCRA
program the focusing of permitting and enforcement resources on
environmentally significant facilities. While some of these facilities may
also be significant in terms of public interest and concern, others may not.
Because resources for expanded public involvement activities should be
concentrated on the facilities that generate the most public concern, all
environmentally significant facilities should be seriously considered, but not
automatically targetted,- jfor expanded public involvement.
The National Permits Strategy specifies the following criteria, in
summary, for an environmentally significant facility:
The facility is a recipient of wastes from a Superfund
site;
/"
The facility has caused environmental damage, violated
environmental standards, or disregarded RCRA regulations;
The facility is a suspected source of ground or .
surface water contamination; or
The facility poses significant environmental -risk,
based on proximity to population centers or ground or
surface water; size; amount, nature, or complexity of
wastes; and age.
The highest-priority environmentally significant facilities for expanded
public involvement -- which will be referred to as "targetted facilities"
throughout this guidance manual -- are further clarified as the following:
(1) All existing, environmentally significant, commercial
hazardous waste treatment/storage/disposal/incineration
facilities.
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OSWER Policy Directive No. 9500.00-1A
(2) All existing hazardous waste treatment/storage/disposal
facilities about which significant public interest or
concern has already been expressed, or about which
significant public interest can reasonably be
anticipated.
Predicting which facilities will generate significant public interest is not
always possible. However, a number of factors have been shown to be typically
associated with significant public interest or concern. In order to target
facilities for public involvement efforts, an attempt should be made to
discover if any of the following situations exist for a facility:
The owner or operator lacks credibility with, or the
trust of, the public or local officials;
The permit allows the transportation of Superfund
hazardous wastes to or from the facility;
The public perceives that the facility poses major
health risks;
The type of technology proposed in the permit (e.g.,
incineration, underground injection, landfill, etc.) has
a negative reputation in that particular area;
Facility non-compliance or violations have been highly _
publicized or will be made known by tlje permit process
(in general, the more serious the continuing
non-compliance, the more public interest likely to be
generated);
The facility has been or will likely become an
election issue; or
Major hazardous substance releases or accidents have
been recently publicized in the area,
Public involvement efforts are also very important in the siting of new
facilities or the .expansion of existing facilities. The local public may have
special concerns about proposals for a new waste management facility in the
community. Moreover, new incineration and treatment facilities offer
alternatives to land disposal of hazardous wastes. Thus, a third type of
targetted facility for public involvement efforts is the following:
(3) All proposed (not yet sited, constructed, or permitted)
treatment or incineration facilities, both at new sites
and as additions to existing sites.
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OSWER Policy Directive No. 9500.00-1A
2.3 GUIDELINES
The following guidelines should be considered in planning for public
involvement in the RCRA permitting program and in conducting the activities
described in Section 2.6 and Chapter 3:
Public involvement efforts should be tailored to the
distinctive issues and individual features of the facility
and the surrounding community.
The applicant and other responsible government agencies
should have a role in public involvement efforts, especially
to help clarify or resolve issues that may be related to the
permit but are not or cannot be appropriately addressed by
the RCRA permit process.
Small-scale, low-profile, informal communications
techniques ar.e preferred. Public meetings may be held in
informal settings, before small audiences, without elaborate
presentations (e.g., in living rooms). They need not be
conducted by high-level staff.
In general, public involvement actions should extend
beyond providing information to- the public; they should
actively reach out to the public, encourage participation,
and -provide an-opportunity for public input on permit
decisions made by EPA or the state.
2.4 KEY AREAS OF PUBLIC INTEREST
Because of certain provisions in the 1984 RCRA amendments, and the debate
over enactment of those amendments, public interest in the RCRA permitting
program has broadened and public involvement in the program will become more
complex. The following issues, in particular, are likely to be of special
concern.
1. Groundwater protection. There have been reports of widespread
failure to comply with RCRA's groundwater protection requirements. The
removal of wastes from Superfund sites to RCRA facilities has intensified
concern over the possibility of groundwater contamination and its effects on
human health.
2. Protective standards and enforcement for operating units. Public
interest is already strong on the question of whether RCRA's design standards
and operating specifications (e.g., landfill liner requirements) are strong
enough and are being met. Citizens may not be aware of new RCRA standards.
They may also question the federal or state agency's ability to adequately
monitor permit requirements.
3. Exposure assessments and ATSDR referrals. Section 247 of the 1984
RCRA amendments requires each final permit application for a landfill or
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' OSWER Policy Directive No. 9500.00-1A
surface impoundment to be accompanied by information on the potential for the
public to be exposed to hazardous constituents through releases from the
facility. There may be considerable local interest in this information. It
is anticipated that referrals to the Agency for Toxic Substances and Disease
Registry (ATSDR) will also be of concern to the public.
4. Corrective action. Significant public interest can be expected in
all facets of corrective action requirements. Have releases occurred from a
facility? Have any releases been cleaned up? Will corrective action be
sufficient to prevent future releases? What kinds of investigations will be
conducted to determine the need for corrective action?
5. Permit p.rocess itself. The length of time involved in issuing a
permit as well as the adequacy of public involvement opportunities are
examples of issues related to the permit process (as opposed to the contents
of permits) that may be of public -concern. When joint EPA/state RCRA
permitting is conducted, the public may also have difficulty understanding the
coordination process and the differences between federal and state
requirements.
- 6. Transportation of hazardous wastes. Many times the pui,.i_'s
strongest concern centers on hazardous wastes being transported to or froiri a
facility. The common nature of traffic accidents and the proximity of
transportation routes to homes and schools heighten the public's concern over
releases during transportation. Often, though, the sheer volume of traffic
and the associated noise and congestion are of even--greater- concern.
7. Evacuation plans. The very existence of evacuation plans implies
that accidents can and will occur. Beyond the concern raised by that
implication, the public has shown interest in the adequacy of evacuation
plans. Who will be evacuated? How will they be notified? Who pays for
alternative living arrangements?
8. Fire and'explosion emergency plans. Like evacuation plans, these
contingency plans acknowledge the potential for threats to the public's safety
and undercut assurances that such occurrences are unlikely. The public is
interested in the probability that fire and explosions will occur and the
precautions being taken to prevent or reduce their danger. If local police
and fire units are involved, the public may also be concerned over who pays
for emergency responses, and whether or not local fire departments are
adequately equipped or trained to respond.
9. Omnibus provision. Section 212 of the 1984 RCRA amendments states
that "each permit...shall contain such terms and conditions as the
Administrator (or the State) determines necessary to protect human health and
the environment." The public may be inclined to read great flexibility into
this provision.
10. Consequences of permit denial. Whether an operating permit is
approved or denied, the consequences will be of interest to the public.
Economic impacts on employment, property values, and the local tax base are
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OSWER Policy Directive No. 9500.00-1A
all likely to generate concern. Denial may lead to special concerns because
the public may not at first appreciate its environmental implications.
Denying a permit for incineration, for example, might mean that the applicant
has to continue to landfill wastes.
To derive full benefit from expanded public involvement, it is important
to ensure the members of the community in which the facility is located the
opportunity to provide input on permit conditions as early as possible
before the draft permit has been written. For example, the local public
should be enabled to comment on conditions requiring corrective action. If
there is no opportunity for public input before the draft permit has been
prepared, it may be impossible to provide the local public a meaningful voice
in decision-making on the permit. While the public may comment on and provide
input to the development of permit conditions, however, the final decision on
permit conditions and on whether to issue or deny a permit rests with EPA or
authorized states.
2.5. ROLES AND RESPONSIBILITIES
Each EPA regional office, and each state authorized to issue final
permits, should designate someone on its staff as the RCRA permitting program
public involvement coordinator. The coordinator will work with permit
writers, enforcement personnel (both EPA and state), facility owner/operators,
and other appropriate, individuals or groups to implement public involvement
activities, and will also serve as liaison to the Office of Solid Waste and
the-,_Administrator' s office in the event of a permit appeal.
The RCRA public involvement effort should be viewed as a team effort. In
certain instances, particularly during the field assessment (as explained in
Sections 2.6 and 3.1) and development of the public involvement work plan for
specific facilities, a contractor may also become part of the team.
/-
It is anticipated that the roles and responsibilities of the various
members of the public involvement team will vary depending on the region or
state and individual permit circumstances. While it is not necessary that the
following functions and activities be carried out in all cases by the
individuals indicated, in general the responsibilities of each team member
include (but are not necessarily limited to) the following:
Public Involvement Coordinator
(a) Identify potentially affected, concerned, or interested members of
the community, including local and state officials and the' local
media.
(b) Develop public involvement plan and evaluate progress of public
involvement activities. Update plan upon final determination of
permit.
(c) Initiate and maintain lines of communication between the agency
and the public.
(d) Identify the need for and develop educational and informational
materials; take lead in other outreach activities regarding the
RCRA permit process in general.
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OSWER Policy Directive No. 9500.00-lA
(e) Depending on the level of technical detail involved, lead or
participate in dialogue activities regarding development of permit
conditions to address citizen concerns.
(f) Coordinate public involvement activities with other programs and
agencies.
(g) Provide feedback and reporting within the agency on public
involvement.
Permit Writer and Other Technical Staff
(a) Participate in or take the lead in dialogue activities with public
and owner/operator, including detailed discussion or negotiations
on specific permit conditions on facility operations.
(b) Respond to,, or provide the public-involvement coordinator with
information sufficient to respond to, the public's or
owner/operator's specific technical questions related to the
facility and its operation.
(c) Establish and maintain close communication with the public
involvement coordinator relative to all aspects of permit
development to ensure coordinated and consistent communications
with the public.
Enforcement Personnel
(a) Participate in or take the lead in dialogue activities with the
public and owner~/~operator~regarding enforcement/complrance
* activities being developed for the facility.
(b) Respond to, or provide the public involvement coordinator with -
information sufficient to respond to, public and owner/operator
questions and concerns regarding the facility's past and present
compl-iance record.
(c) Establish and maintain close communications with the public
involvement coordinator relative to all aspects of enforcement and
compliance and corrective actions activities developed for the
facility.
If a state is authorized or operates under a cooperative agreement with
EPA, the above responsibilities can be assumed by state personnel. In
unauthorized states, state, agencies can still serve a suppprtive role by
providing the regional public involvement coordinator with information, such
as names for inclusion on a mailing list or background information on a
facility's history and community attitudes towards the facility, and by
coordinating state requirements on permits, public involvement, and
administrative procedures. Regardless of the level of authorization, states
should be encouraged to play an active role in expanded public involvement
efforts.
During the same time that EPA or an authorized state is conducting public
involvement activities at a facility, it is not uncommon for the
owner/operator to initiate public outreach efforts of his own. Attempts by
the owner/operator to inform and involve the public should be encouraged by
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OSWER Policy Directive No. 9500.00-1A
the public involvement coordinator. For example, the owner operator could
conduct facility tours or hold public meetings. Owners or operators who do
not initiate public involvement activities should be made aware of their
responsibility to inform the public.
It is appropriate, in some instances, for EPA or state staff to
participate in activities in which the owner/operator has taken the lead. At
a public meeting held by the owner/operator, for instance, EPA or state staff
could deliver a presentation on design and operating standards for that type
of facility. In so doing, however, it is essential to distinguish EPA's (or
the state's) cooperation with owner/operator educational efforts from support
for public relations efforts aimed at gaining community support for the
facility's permit. The regulatory role of EPA (or the state) must be clearly
defined for the public and distinguished from the owner/operator's interests,
regardless of whether the agency's involvement in owner/operator activities is
to observe, participate, mediate, or simply to receive a report.
There may also be instances in which the owner or operator may contribute
to public involvement efforts conducted by EPA or the state (although state
requirements may preclude owner/operator participation in some activities.)
For example, the owner/operator could be invited to provide panelists for
discussion forums or participate in dialogue activities sponsored by the
agency. Care should be taken, however, to ensure that the owner/operator's
participation is constructive, coordinated with EPA's efforts, and supportive
of EPA's policy for the RCRA permitting program as much as possible. The
public, as well as the owner/operator, should recognize that decisions on
permitting a waste management facility are made by EPA (or authorized states)
on the basis of RCRA's mandate to protect human health and the environment,
not on the basis of the owner/operator's interests. .
There will be times when the owner/operator conducts public involvement
activities separately from EPA or the state. The public involvement
coordinator will need to be cognizant of these activities, because they will
provide the public with information that may influence opinions. Conversely,
the public involvement coordinator should inform the owner/operator of the
public involvement program that the agency intends to conduct during the
facility's permit process. Optimally, the efforts of the owner/operator and
EPA (or the state) should complement each other without compromising the
integrity of the agency's regulatory role.
2.6 CRITICAL ELEMENTS
The specific suggestions for public involvement in the RCRA permitting
program have, been kept to a minimum to provide the flexibility to adjust
public involvement efforts to the extent of public interest, the environmental
significance of the facility, and the status of the permit application.
Because the intended result of this policy is for public involvement to
facilitate the ability of EPA or the state to process permit applications, the
activities included in each specific public involvement effort should be
tailored to the particular needs of the community and facility.
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OSWER Policy Directive No. 9500.00-1A
The following, however, are three critical elements for public involvement
in the RCRA permitting program for targetted facilities (as defined in Section
2.2 above).
(1) Field Assessment. A field assessment should be conducted for each
targetted facility by the public involvement coordinator (or other appropriate
EPA or state staff, or a contractor) for the following purposes:
To identify major community concerns regarding the
facility;
To identify the citizens, officials, and groups in the
area who are especially interested in the facility and
should be kept apprised of developments;
To identify the best means to provide information to
the public and, in return, to obtain public comment and
input.
As explained in Chapters 3 and 4 below, the field assessment consists
primarily of interviews in the local community with key citizens, officials,
and other interested parties.
(2) Public Involvement Plan. Based on the field assessment, a public
involvement plan detailing appropriate public involvement activities keyed to
milestones_in the_RCRA permit process should be developed. This plan
indicates the actions EPA or the state will tak~e" to facilitate public
involvement in the decision-making process for the permit based on the
interests and concerns of the public and the best channels for communicating
with the local public, as identified in the field assessment. The plan should
be a concise document that identifies the distinctive features of a facility
and a community relevant to public involvement efforts and the key public
involvement activities that need-to be undertaken.
(3) Public Involvement Activities. Public involvement activities will
vary by facility and by the stage in the permitting process at which public
involvement efforts are initiated. The following types of activities,
however, will be necessary in each instance:
(a) Outreach activities, such as informal informational
briefings and meetings, including the public notice of
the draft permit and attendant requirements under RCRA
section 7004 and 40 CFR 124 Subpart A;
(b) Dialogue and assimilation activities, such as work
sessions, public meetings, and public hearings (if
appropriate);
(c) Response activities, including informal responses to
questions, concerns, and requests from the public during
the permit process as well as formal, final
responsiveness summaries.
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OSWER Policy Directive No. 9500.00-1A
The next chapter of this guidance document explains how such activities
may be scheduled and integrated with technical milestones in the typical
permitting process for a facility.
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OSWER Policy Directive No. 9500.00-1A
3. KEY ACTIVITIES DURING THE PERMITTING PROCESS
This chapter explains how to structure and schedule a public involvement
effort for a typical targetted facility in accordance with the policy outlined
in Chapter 2. It recommends key public involvement activities and indicates
when, in relation to technical milestones in the permitting process, such
activities could be conducted. Also discussed are the first two critical
elements in the public involvement effort -- the field assessment and the
preparation of a public involvement plan -- and the time at which these
actions should be conducted.
It should be emphasized that public involvement efforts should be tailored
to the specific circumstances of a facility and the specific needs of a
community. Thus, the sequence of activities described here is solely
illustrative. Public involvement coordinators have the flexibility to choose
whichever activities are best in each instance, varying the sequence of
activities outlined in this chapter, or adding other activities, depending on
circumstances. If the draft permit has already been prepared, public
involvement efforts will of necessity be more limited. Even when there is
insufficient time to conduct a formal field assessment, however, an attempt
should be made to identify key membe-rs of the community and their concerns
through telephone calls or some other means.
It should also be noted, however, that some of the activities discussed in
this chapter are regulatory requirements. These requirements are indicated in
the text.
In general, preference should be given to small-scale, low-profile,
informal activities rather than large-scale, formal activities. For example,
face-to-face discussions with a small group of community members in someone's
living room are preferred to a public meeting with presentations before a
large audience. The more personal the activity, the greater the likelihood of
mutual communication between government staff and the community.
The four subsequent sections of this chapter correspond to four milestones
in the typical permitting process. Exhibit 3-1 summarizes'these milestones
and the activities recommended in the text.
3.1 PUBLIC INVOLVEMENT FOLLOWING SUBMISSION OF THE
PERMIT APPLICATION
(a) One of the first actions to. be taken to facilitate public involvement
is to conduct a field assessment. If possible, in fact, the field
assessment should be conducted prior to the submission of the permit
application. The field assessment is a critical element under EPA's policy
for public involvement in the RCRA permitting program. It consists of
interviews by the public involvement coordinator (or other appropriate EPA or
state staff, or a contractor) with several local citizens, members of
community organizations, and officials for the following purposes:
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OSWER Policy Directive No. 9500.00-IA
EXHIBIT 3-1
SUMMARY OF MILESTONES AND PUBLIC INVOLVEMENT ACTIVITIES
Permit Milestone
Submission of permit
application
Required Activities'
Mailing list
Suggested Activities
Field assessment
Public involvement plan
Introductory notice
Repository
Informal meetings
Fact sheet on facility
Completion of draft
permit (or intent to
deny)
Fact sheet/statement
of basis
Public notice
-Public comment period
Public hearing (if
requested
Informal meetings
Permit issued (or
denied)
Notice of decision
Response to comments
Final determination
of permit
Update public involve-
ment plan
Update repository
Informal meetings
Publications as needed
(fact sheets, press
releases, etc.)
'- Requirements under RCRA section 7004 and 40 CFR 124 Subpart A.
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To identify major community concerns regarding the
facility;
To identify the citizens, community leaders, and
officials in the area who are especially interested in
the facility and should be kept apprised of developments;
To identify the best means to provide information to
the public and, in return, to obtain public comment and
input.
The information collected during the field assessment is the basis for the
public involvement work plan and enables the public involvement effort to be
structured to meet the needs of a specific community.
The field assessment may involve one cr two days of interviews in the
community, as appropriate. Efficiency in the use of travel resources, as well
as optimal timing considerations, may lead to the field assessment being
conducted at the same time as the site visit made by permit writers and
enforcement personnel, that is, within 9C days after the permit application
request (unless the permit application has already been submitted). Even if
the permit writer is well-acquainted with the facility, in most cases the..
field assessment will be necessary at targetted facilities to update and
expand knowledge of the parties and issues involved and to make public
involvement efforts visible and documentable.
(b) A public involvement plan is the second critical element of EPA1 s
policy for targetted facilities. This plan indicates the actions EPA or the
state will take to facilitate public involvement in the decision-making'
process for the permit. Public involvement plans are flexible documents that
reflect the dynamic nature of the public involvement process. As the public
involvement team becomes more involved in the community, and as the community
learns more about the facility and the permitting process, new (and more
effective) public involvement activities and additional concerns may suggest
themselves. The initial plan should, therefore, be a brief document --
concise and to the point -- that:
Identifies major community concerns and leaders;
Outlines the minimum actions EPA or the state will use
to facilitate public involvement; and
Identifies the timing of these activities.
Public involvement plans prepared by states and regions should be retained
in the facility files and repositories. These plans will be reviewed at the
time of the mid-year and end-of-year reviews of the state, and during regional
program reviews. Plans prepared by the regional offices will be appraised by
EPA headquarters during annual reviews of the region's RCRA permitting program.
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(c) At the same time as this plan is prepared, EPA or the state should
assemble a mailing list for the community in which the facility is
located. The individuals or organizations identified during the field
assessment can be the core for the mailing list. If a mailing list is already
available, it should be updated based on the field assessment. Chapter 4
provides additional techniques for developing a comprehensive mailing list.
(d) An introductory notice should be provided to the community as soon
as possible after the submission of the permit application. If enough is
known about the community in advance to identify adequate means of providing
the notice, the introductory notice may precede the field assessment. The
purpose of this notice is to explain EPA's permit application review process
and the opportunities for public involvement in that process. It should
include some mechanism (e.g., a telephone number for a contact person, a
return slip to request additional information) to allow the public to expres-s
its interest in opening and continuing dialogue with the agency.
The notice should take whatever form is most useful in a particular
community. Options include a fact sheet or newsletter sent to residents on
the mailing list, a radio or television public service announcement, or a
newspaper advertisement.
(e) Regulations require that the administrative record for a RCRA draft
permit, including the permit application, be placed into a file for public
inspection. Information repositories, however, should contain more than
the administrative record to aid the public's understanding of the faciTity"
and the permit under consideration. Non-technical descriptions of the
facility and its operation, brochures explaining the permit process and public
involvement, and generic fact sheets describing the meaning of exposure
assessments are examples of materials that could be included'in a repository.
More examples are given in Chapter 4.
Selection of a repository site should take into account the convenience
and ease of access for the general public. A location that does not allow
access after normal work hours will have limited usefulness. More than one
repository may be necessary.
(f) If public interest or response to the introductory notice is
sufficiently great, in the judgment of the public involvement coordinator, an
informal meeting (or series of meetings) may be held to review more fully
the permitting process and to provide opportunities for public comment.
Informal meetings at this stage allow the public to understand and to
contribute information to the development of a draft permit, although state
requirements prohibiting ex parte communication should be taken into
consideration.
(g) In addition to generic fact sheets and brochures being developed by
headquarters and in the regions, facility-specific fact sheets should be
considered when a significant number of citizens appear to be interested or
concerned about a facility's permit. This fact sheet should be sent to
persons on the mailing list, included in repositories, and distributed by any
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other means suitable for the specific community. The fact sheet could include
background information on the facility, provide a timeframe for permitting
activities at the facility, identify opportunities for the public to provide
information and input, address specific concerns of the public about the
facility, and identify repository locations.
As explained in Chapter 2, for public involvement in the permitting
process to be meaningful, the public must have access to the decision-making
process early enough to understand and provide input to that process. In the
case of permit issuance, the actions described above should be conducted as
soon as possible following the submission of the permit application to enable
the public to provide input to permit conditions before the draft permit is
written. When an application has not yet been submitted for a facility,
actions intended to anticipate and facilitate public involvement, such as the
field assessment and the public involvement plan, can gain additional
effectiveness by being completed before submission of the permit
application.
Early public involvement can introduce the problem of contacting the
public before having answers to facility-specific questions the public might
raise. It will be necessary to explain clearly to the public the purpose of
early contacts and the limits on the information available at early stages of
the permitting process. A clear explanation can prevent false expectations
from being formed.and reduce any negative impact on the agency's credibility
that could result from not being able to'answer the public's questions.
Under the 1984 RCRA amendments, each land disposal facility owner/operator
must provide EPA (or the state) information on the potential for exposure of
the public to hazardous constituents through releases from the facility. The
public may also contribute such exposure information. Since this information
is expected to be of significant interest to the public, the exposure
assessment should be considered an agenda item for any contact with the
public, including public notices.
3.2 PUBLIC INVOLVEMENT UPON COMPLETION OF THE DRAFT PERMIT
Most public involvement actions to be taken at this point are required
under 40 CFR>art_ 124.
(a) EPA or the state must provide public notice that a draft permit has
been prepared. The public notice must be published in a major local newspaper
and broadcast over local radio stations.
(b) At least 45 days must be allowed for public comment on the draft
permit.
(c) If there is written notice of opposition to the draft permit, EPA or
the state must hold an informal public hearing with 30 days prior notice.
A written transcript or tape recording of the hearing must be made part of the
repository's files.
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OSWER Policy Directive No. 9500.00-1A
(d) A fact sheet must be prepared for every draft permit for a major
hazardous waste management facility. The fact sheet must include the
significant factual, legal, methodological, and policy questions considered in
preparing the draft permit.
(e) Despite earlier public involvement efforts, some members of the public
may not take an active interest in the permit process until a draft permit has
been-completed and announced. Informal meetings should be held with
members of the public to discuss elements of the draft permit that are poorly
understood or are of interest or concern to them. These opportunities for
dialogue confirm to the public that the draft permit is indeed a draft and
still open for additional modifications to address issues that might not have
surfaced to that point.
3.3 PUBLIC INVOLVEMENT UPON A DECISION ON THE PERMIT
EPA regulations require two actions at this time.
(a) When a final decision is reached on whether to issue, deny, or modify
a permit, notice of the decision must be given to each person who submitted
written comments or who requested such notice.
(b) In addition, EPA or the state must issue a response to comments.
The response to comments should include a summary of significant comments
received and an explanation of either how they wer-ein-cor-pota-tedor addressed
in permit conditions or why they were rejected. Comments that are referred to
other agencies should also be indicated. The response document should be sent
to those who submitted comments, attended the public hearing, or who requested
to receive it. Any documents cited in'the response to comments should be
included in the administrative record for the final permit decision and placed
in the information repositories.
3.4 PUBLIC INVOLVEMENT UPON FINAL DETERMINATION OF A PERMIT
Whether a facility is ultimately denied or granted a permit, public
concern does not necessarily end at that stage of the permitting process.
Continuing long-term issues of public interest may require additional public
involvement efforts. Public involvement after a permit denial, for instance,
could address the public's interest in these issues:
Corrective' actions;
8 Release of ongoing monitoring data;
Release of additional exposure information; or
Closure plans.
If a permit is issued, continuing public involvement can address these
same issues and also accomplish several other objectives, including:
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OSWER Policy Directive No. 9500.00-1A
Provide information to the public regarding changes in
transportation or emergency evacuation plans;
Receive information from the public on adherence to
permit conditions (both construction and operation
phases);
Provide a mechanism to address new or continuing
concerns resulting from facility operations;
Facilitate permit appeals, renewals, and revisions; and
Increase overall agency credibility.
The type and level of public involvement effort needed at this stage
should be decided on a case-by-case basis. If, at the time of final
determination, the level of interest or the types of concerns that the public
has differ substantially from those described in the public involvement plan,
or continuing public involvement activities are anticipated, the plan may need
to be updated to coordinate continuing public involvement efforts. Updating
the repository may also be necessary to keep the public informed as additional
information is obtained, changes to the permit or facility are made, or
subsequent agency actions are taken.
When significant issues will continue to be of concern or can be
anticipated to arise after the final determination on a permit, .additional
informal meetings or publications may be necessary to accomplish the
aforementioned objectives'. Press releases, fact sheets, continuation of
newsletters, and other types of written public information (as described in
the next chapter) should be considered. Informal meetings with the public may
also be needed when public concern continues to be substantial or the public
desires to play a role in monitoring a facility to ensure adherence to permit
conditions.
Chapter 4 of this manual explains how to conduct the activities noted in
this chapter. Chapter 5 discusses certain issues and circumstances that merit
special attention in designing and organizing a public involvement effort.
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4. TECHNIQUES FOR CONDUCTING PUBLIC INVOLVEMENT ACTIVITIES
The following discussions have been selected from various sources (see the
preface) and are provided as a reference in planning and implementing a
sensible and sensitive public involvement program. The discussion of each
activity focuses on general techniques for conducting the activity; these are
"how to" discussions.
As previously noted, the recommendations for this program have been kept
to a minimum to allow for maximum flexibility for each facility-specific work
plan and public involvement effort. It mus .. be noted, however, that simple
adherence to the recommendations will not, in most instances, produce a
successful public involvement process, nor will it necessarily speed issuance
of the permit.
A skillfully selected blend of both specifically recommended activities,
and activities appropriately tailored to the needs and concerns of the
community and the owner/operator, will produce far preferable results.
This chapter is divided into eight sections, as follows: 4.1 -
Identifying Potential Participants and Building Mailing Lists;" 4.2 - Field
Assessment; 4.3 - Public Information Programs and Publications; 4.4 -
Information Repositories; 4.5 Pub lie No-trices-;A. 6.-- Public Meetings; 4.7 -
Public Hearings; and 4.8 - Responsiveness Summaries.
4.1 IDENTIFYING POTENTIAL PARTICIPANTS AND BUILDING MAILING LISTS
4.1.1 Focus
A mailing list is an important communications tool which allows an agency
or organization to reach broad or targetted audiences with its messages. The
better the mailing list, the better the public outreach and delivery of
information. A well-developed mailing list will reach a group of potentially
active participants -- people who want to be involved in an agency program or
plan, or those who wish to be involved simply by staying informed. The
process of developing a mailing list begins early in the public involvement
effort.
The mailing list is used to send announcements of meetings, hearings,
events, and available reports and documents to the public. In addition, it is
used to identify members of the public who may be considered for work groups
or attendance at meetings and briefings. A wide variety of approaches are
available to collect names for the list. Several, but not all, of these
approaches should be employed.
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OSWER Policy Directive No. 9500.00-1A
4.1.2 Techniques
A. The names of people interviewed during the field assessment, as well
as other names these people recommend, should be placed on the mailing
list.
B. All nearby residents and owners of land adjacent to the facility
should be included on a mailing list.
C. Seek out existing lists. Other EPA and federal programs, as well as
state and local programs, may have developed mailinq lists which can
be used in whole or in part. Sometimes, lists are exchanged or traded
among agencies. Prepared lists should be carefully scrutinized,
however, to make sure they are applicable.
Borrowed lists may be out of date. Verify some of the names and
addresses on the list to test its current validity.
D. Organizations with a potential interest in an agency program or action
may have mailing lists of members important to the agency, although
some organizations may be reluctant to give these lists. Each agency
or program with a mission must consider different types of groups.
Representative groups include:
1. Outdoor recreation organizations such as .hiking
associations, rod and gun clubs, cross country skiing
groups, sports fisheries' associations, and recreational
boaters and sailors.
2. Commerce and business groups such as manufacturer
associations, associated industries, Chambers of
Commerce, and the Jaycees.
3. Labor leaders and unions.
4. Environmental leaders and groups.
5. State and district farmers' associations, including the
farm bureau, dairyman's cooperatives, conservation
districts, and water districts.
6. Health organizations such as the American Lung
Association.
7. University extension and county agricultural extension
agents.
E. Many civic and social organizations, such as the League of Women
Voters or the Chambers of Commerce, have their own newsletters. For
applicable groups consider requesting a copy of the group's newsletter
mailing list, and ask if they would run notices in their paper.
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F. Specialized directories of organizations and businesses can provide
additional names and addresses of potential participants. Examples
include state directories of manufacturers, environmental groups and
chemical society members.
The business and reference section of the library is a good starting
point for reviewing various directories.
G. Any individual who attends a public meeting of the agency,-or one with
a related mission, or calls or writes to the agency seeking
information, should be added to the mailing list. Careful attention
to the affiliations of various individuals or groups attending
meetings or corresponding with the agency can yield entire categories
of people to be added to the list.
H. The applicant should be included on the mailing list.
I. According to Executive Order 12272, the state may designate a single
point of contact (SPOC) or delegate intergovernmental review
responsibility to an agency or organization for the purpose of
reviewing proposed RCRA permit actions. At the very least, the SPOC
or delegated entity should be sent a copy of the draft permit and
notified of the public comment period.
J. Local newspaper stories often contain substantial information of use
to public involvement specialists, including the names of people with
a potential interest in the agency.
K. The names of local reporters and editors, and appropriate newsletter
editors, should be added to the mailing list. If time permits,
interview reporters and editors with knowledge of an area or subject.
Placing their names on the mailing list is one way of assuring that
these "gate keepers" have direct access and accurate information about
a program.
L. Elected and appointed officials with a potential interest (substantive
or political interest) should be placed on the list.
M. Consider placing the names of local educators (primary, secondary,
high school, and college and university) on the list. Aside from
their personal interest, these people can use project information to
develop classroom learning packages and programs, and tell their
students about the project and underlying issues. Often, children
will communicate information and ideas on class projects and current
events to their parents, thus affecting a secondary communication.
N. State agency technical, enforcement, public affairs, and public staff
should be contacted.
0. Public notices for draft permits, public comment periods, and intended
denials are required to be sent to state agencies that have authority
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under state law with respect to the construction or operation of a
RCRA facility and to any unit of local government having jurisdiction
over an area where a facility is located.
P. Secondary or miscellaneous sources of names for mailing lists include:
1. State revenue departments which maintain lists of
non-profit organizations in the state.
2. For states, the Secretary of State or offices of the
legislative leadership maintain lists of legal
lobbyists. In Washington, lobbyists register with the
Senate Office of Public Records and the House Office of
Records and Registration.
3. Local, regional, and state League of Women Voters,
environmental, planning commissions, and land use
chairpeople may have lists of potential participants.
The national League maintains other lists.
4. University scientists, senior administrators, and
technical experts (such as soil scientists,
hydrologists, and law and political science faculty who
specialize in land use and environmental law) might be
placed on mailing lists. They may recommend the names
of others who should be added to the list.
5. The public, affairs or environmental control directors of
major industries might be consulted for additional names
and addresses.
6. Local neighborhood associations -- formal and informal
-- may prove helpful.
7. Churches and church organizations.
8. Telephone directories, especially the yellow pages,
provide lists of associations. Zip code directories may
be useful when trying to reach one small part of a city
or state. Consider developing a list of all landowners
within one mile of the facility in question.
9. Multi-service centers, community development
corporations, community centers, and health centers
might prove helpful in attempts to reach senior citizens
organizations.
10. Local fire, police, and disaster agency officials should
be located and listed.
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OSWER Policy Directive No. 9500/00-1A
4.1.3 Evaluation
A. Is the mailing list comprehensive, encompassing all of the key
categories or target publics?
B. Is the mailing list updated regularly?
C. Has an easy to access system been devised for adding and subtracting
names easily and efficiently?
D. Has the list been broken down by zip codes if bulk mailing is
anticipated?
E. Have adequate funds' been allocated in the budget to cover the costs of
maintaining the list and the cost of printing and postage?
4.2 FIELD ASSESSMENT
4.2.1 Focus
On-site interviews with local residents, government officials, commur.ity
"groups, and media representatives are extremely useful techniques to help gain
an understanding of the facility's history, the community issues connected
with the facility, the level of citizen concern, and the political climate.
Gotranun-ityinterviews are also useful to identify credible sources and
disseminators of information.
4.2.2 Techniques
A. Arranging the interviews:
At this stage of the permit process, the names and phone numbers of
the people involved with the facility may already be known or have
been obtained. Ideally, the meeting place should be at the
interviewee's office or home, whichever may be most conducive to
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 after-hours.
B. Planning the interviews:
Prior to or during the interview, time may be spent reviewing files at
EPA, the state agency, or a local library or Chamber of Commerce that
contain news clippings, documents, letters, and other sources of
information relevant to the facility. Ideally, only people with a
thorough understanding of the RCRA program, the facility itself, and
interview techniques should conduct the interviews.
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OSWER Policy Directive No. 9500.00-1A
C. Telephone interviews:
Some information may be efficiently obtained over the telephone. In
telephone interviews, explain how the interviewee's name was acquired,
the type of information needed, the reason the information is needed,
and how it will be used. Be brief.
D. Interviewing residents and community groups:
Interviews involving local residents or community groups are likely to
require more time. Be prepared with a set of questions in mind;
questionnaires may seem too formal and are likely to elicit curt
responses. Be sensitive to the residents' needs and concerns, but
remind them that the purpose of the interview is to gather preliminary
information to be used in planning an appropriate public involvement
.effort. In this way. unrealistic expectations are not raised.
In many cases, the interviewee will ask questions and express concerns
about the facility. The field assessment, in some cases, can be a
useful technique for providing interested citizens with timely
'information on the RCRA permitting process and on facility and Agency
activities prior to development .of the draft permit conditions. With
adequate preparation, the interviewer can thus acquire information
useful for later planning, as well as respond to initjial citizen
concern with accurate information and allay unwarranted concerns.
E. Interviewing government officials:
Interviews with government officials should include a brief
introduction explaining why they are being interviewed and what kind
of information is needed (facility history, government activity at the
site, a political perspective on citizen's expectations, etc.).
F. Confidentiality:
At the beginning of each interview, explain that the field assessment
will be used to prepare a public involvement work plan. If the
interviewee would like to remain anonymous, explain that the
information will be used to understand community concerns and that a
record of the contact will be made, but EPA or the state will not
attribute any specific statements or information to the interviewee.
G. Other possible contacts:
During the field assessment interviews, ask for names and phone
numbers of persons who could provide additional information on the
facility and community views and concerns.
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OSWER Policy Directive No. 9500.00-1A
H. Information on public involvement activities:
Ask whether the interviewee would like to receive any fact sheets or
other printed information as the permitting process continues. Also,
for future reference, keep a list of persons interested in attending
public meetings.
4.3 PUBLIC INFORMATION PROGRAMS AND PUBLICATIONS
4.3.1 Focus
The outreach activities which this guidance recommends should include the
development of accurate and timely written information for distribution to the
public, for example, fact sheets and newsletters.
Overall, such materials should promote understanding and highlight and
summarize critical issues. The environmental consequences of potential
actions, options, or decisions should be clearly stated in materials
distributed to the public. The public should also have access to complete
reports and documents in information repositories.
At a minimum, site-specific materials should include:
Background information
Legal justification for the action
Timetable of proposed actions or planning phase
Summaries of lengthy or technical material
Delineation of issues
Alternatives or tentative determinations made by the
agency
Ways to encourage public involvement
Names of people to contact for further information
Opportunities for public involvement
The public may also be provided with general descriptions of the RCRA
permitting process, hazardous waste management techniques, or similar topics.
4.3.2 Techniques and Methods
The first step in developing an effective information program is to plan
for a publication effort that is integrated with the overall public
involvement plan for a facility. The public involvement plan must
realistically balance the cost, timing, quality, scope, variety of
publications, and identify target audiences for various publications. Using
the plan for guidance, work can proceed on individual publications with
knowledge of .how each publication will contribute to the total public
involvement effort. .
Written communication should meet the five criteria embodied in the
acronym ANSVA: ATTENTION, NEED, SATISFACTION, VISUALIZATION, ACTION
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OSWER Policy Directive No. 9500.00-1A
(a) Attention: Each information product should capture the attention
of its intended audience by using a theme or issue important to
that audience.
(b) Need: Each publication should demonstrate that the reader has a
need or problem.
(c) Satisfaction: The written piece should show how the government's
program can meet or satisfy the readers' need or problem.
(d) Visualization: People often comprehend and retain complex ideas
and material .better if they can see the material visualized.
Materials should make liberal use of charts, diagrams,
illustrations, photographs, or mathematical displays. The adage
"a picture is worth a thousand words" has proved true in many
studies of reader/audience comprehension and retention rates.
(e) Action: Each piece of public information should invite action.
Attending a public meeting or placing a name on a mailing list are
examples of action steps. Public information is effective only if
it provides the basis for potential change. The action step
reinforces learning.
4.3.3 General Guidelines for Developing Public Information Products
A. Begin each writing project by developing" a" detailed outline of~~tnV""~
purpose and content of the material to be covered. The audience for
whom the material is intended should also be clearly stated.
B. Every information program must operate on at least two levels -- the
publics that are already interested and involved, and those that are
not. The information directed toward the involved group may include
more complex or detailed information or progress reports. Fact sheets
and lengthy information pieces fall under this category. The
information directed to the less involved group might be considered
preliminary to participation.' These materials should be attractive
and brief, and appeal to the needs and concerns of laypeople.
C. In headlines and initial paragraphs, attract attention and interest
with thought-provoking statements or questions. Link problems and
issues with the reader's life and experience. Personalize messages;
demonstrate how the agency's programs affect people's lives.
D. Early in the text introduce the content of the publication.
E. Write clearly, simply, and directly, avoiding technical terminology,
acronyms and professional jargon. Translate technical language into
terms the public can understand, or define technical terms the first
time they are used in a publication. Write general purpose materials
at the same reading level as the local paper is written.
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F. Use short declarative sentences with active verbs to make key points.
Avoid the use of long and complex sentences. Say it simply.
G. Use conversational English. For example, use "do" for "accomplish"
and "because" for "in view of the fact that."
H. Consider using human scale comparisons, rather than technical terms,
to communicate a point. For example, "the facility will generate
noise approximately equal to that of a typical city street," or "the
cost per family will be about $100 per year."
I. Limit the length of the material. Five double-spaced pages (about
1,500 words) is all the general interest citizen will typically take
the.time to read. If the material requires greater length, prepare a
one-page summary for readers with limited time. Another approach is
to design a longer piece so that someone with limited time can read
highlights in five minutes, more ir.-depth material in 15 minutes, and
complete the entire piece in 30 minutes. By telling the reader how a
piece is structured on the first page, the reader can choose how much
time to invest in the piece.
J. Don't lose sight of broad perspectives and goals when developing
materials. For example, in technical documents, provide a summary
that stresses concepts, not just facts. Organize materials
conceptually with facts and data,providing the foundation for basic
themes.
K. Each individual element in an information and education program should
be easily linked to the overall program. The reader should easily see
the relationship between a particular topic or product and the total
project.
L. Pre-test all public information products by asking several lay
citizens or officials to read and evaluate drafts for clarity, order,
comprehensiveness, and detail. This' final review can help ensure high
quality publications that meet their intended goals.
M. Use graphics and illustrations to support the written content of a
publication. Photographs, charts, and drawings can communicate ideas
quickly, directly using few words. Using several'type faces, such as
.a standard and an italic type, can lend emphasis and clarity.
Capitalization and underlining add emphasis,"too.
N. Always make full reports and technical information available to the
public for review, in addition to providing summaries. Materials
should be available at easily accessible repositories. Let the public
know where and when the materials are available.
0. For general purpose publications, such as brochures and newsletters,
distribute copies to people whose names are on,the mailing list,
including elected and appointed officials. Mail copies of
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Pclioy
publication's to media outlets in the project area. Make publications
readily available to the general public at libraries, government
buildings, shopping centers, and other public places. Include
publications as a part of a project display.
4.3.4 Types/Uses of Specific Publications
A. Brochures
1. A general pamphlet or brochure is a useful tool to explain the
background and mandate of a program, the role of the public in the
planning process, and the expected outcomes of the project. A
brochure should be an easy-to-read, quick summary of agency and
program goals and 6bjectives. It should provide answers to common
questions.
2. A brochure should include a'brief background on the program, the
planning process, schedules for upcoming events, and the pcints
where public involvement is most important.
3. The publication should give the reader a sense of the scope of the
issue, how planning will proceed, possible alternatives, potential
impacts on the area's growth and development, and possible, effects
on taxes and quality of life.
4. The brochure should be written with a long-term" perspective in
mind, so the publication remains timely throughout the process or
is useful in a number of cases.
5. Distribute the brochure widely in the early stages of a project.
Timing is important for establishing credibility and for iniorrr.ing
the public early.
Mail copies of the brochure to all media outlets in the planning
area, accompanied by a cover letter offering a name and address to-
contact for further information. The letter should explain why
the project is important and how it might affect the community and
region.
6. Include a pre-addressed mail-in form as a part of the brochure so
that people with an interest in the program can be added to the
mailing list. Let the public know that other materials will
follow as the program develops (i.e., newsletters, report
summaries, etc.).
7. Include a name, address, and phone number in the brochure for the
public to contact for additional information.
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B. Newsletters
1. Newsletters facilitate a regular flow of information to the
primary audiences of a public involvement effort. They provide
timely and useful information to citizens. They are an
inexpensive way to regularly promote understanding, dialogue, and
public involvement.
2. Newsletters should inform without bias. They should not be used
as an advocacy tool. Newsletter editors must maintain credibility
if the newsletter is to remain effective over time.
(a) Separate opinion from objective or historical material, and
label it as such.
(b) Sometimes credibility can be enhanced by printing statements
developed by representatives of opposing points of view.
3. Link key issues to subjects and ideas the general public can
understand and appreciate.
4. Newsletters can provide timely information such as:
a. Articles on new developments.
b. Reports on public involvement activities, and how to join them.
c. People stories are particularly good for reader interest, but
should not be over used. Describe the activities of citizens
and officials working on various aspects of a project. Use
people stories to encourage citizens to participate. Avoid
long lists of names.
d. Feature articles on major issues in a project, the most common
question's asked by the public, or the primary concerns of
officials or other professionals. Also, consider reprinting
relevant articles from other publications.
e. Calendar of upcoming meetings.
f. Summaries of meeting comments and responses. If used as an
informal responsiveness summary, newsletters reach the most
important audience with timely and useful information
documenting the value, history, and impact of public
involvement.
g. A regular column written by a citizen (an option). If stories
are invited from guest authors, detail editing ground rules in
advance.
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h. The names and addresses of people to contact for further
information.
i. Maps and other forms of graphic information.
j. Lists of information and audio-visual materials available to
the public, and the locations of resource material.
5. More than any other information tool, newsletters can be used
imaginatively. Maps for citizens to evaluate, mark-up, and
return, and attitude and opinion questionnaires are just, a feu-
unusual suggestions for newsletters. These techniques make
newsletters an enjoyable and interesting experience for readers.
6. Newsletters should be mailed to local and regional media
representatives as another way of keeping them informed of
progress .
7. The editors of other newsletters with a potential interest in the
subject of your newsletter should receive copies as well. They
may find information of importance they would like to pass or. to
their readers.
8. Many citizens will keep all issues of a newsletter as a historical
record of their involvement in a project. Number and date all
news-1-et-ters-: - ~-
C. Fact Sheets
1. Fact sheets are an adjunct to newsletters and other publications.
They are most useful for providing an in-depth analysis of
specific, complex issues of public concern. They may be longer
than newsletters and contain more detail.
.2. Some fact sheet topics will be chosen in advance; others will
evolve from questions and concerns raised during the public
involvement process.
3. Fact sheets can be distributed as a part of a newsletter or as a
separate publication. They can be mailed to the entire mailing
list or to selected groups. They should be available to anyone
for the asking.
4. They are most useful for presenting key information, at crucial
decision points in a project.
5. They provide excellent background for citizen activities at public
meetings and conferences.
6. Fact sheets can be produced inexpensively, and are easily up-dated
as projects mature and become more refined.
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D. Length of time it usually takes to prepare a typical public
information product
1. Scheduling adequate writing, review, and production time is an
important element of information planning. Plenty of lead
time is required to produce a high quality document. For
example, for a state government to produce a twelve-page
newspaper tabloid that serves as an executive summary and
public hearing notice, the following time schedule is
suggested (in person days):
a. Writing first draft 10 days
b. Typing the first draft 2 days
c. Agency staff reviews/citizen reviews
of first draft 5 days
d. Consolidation of reviews and rewrite 5 days
e. Retyping 2 days
f. Graphic design, typesetting, paste-up 3 days
(If portions are copied this time may be reduced)
gv Printing -.- 4-7 days
h. Preparation for mailing (100-500 copies) 3 days
i. In the mails 5 days
j . Date in citizen' s hands 14 days
before public meeting
or hearing
4.3.5 Evaluation
A. Information Planning
1. Have information needs been identified in the public
involvement plan?
2. Do the program elements in the information plan work together
to support one another?
3. Do information products precede public meetings and public
hearings in the plan? Has the schedule been maintained?
4. Are the goals of the information program and each program
element clearly stated?
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5. Does each information piece have a definite goal and targetted
audience?
6. What types of information products are anticipated? Are a variety
of methods used to communicate with various target publics? From
the list below check the information products anticipated in the
public involvement plan.
Brochures
Fact Sheets
Direct Mail Letters
Flyers
Posters
Articles in Other Community or Agency newsletters
Issue Papers and Option Documents
Executive Summaries
Speakers Bureau
Weekly Newspapers
Daily Newspapers
Radio and Television Talk and Public Affairs Programs
Radio and Television News Programs
Slide Program
Slide Tape Program
Films
Other Media
B. Information Products
1. For each public information product, are the issues and
alternatives defined in an accurate, realistic, and
understandable manner? Are the decisions requiring public
involvement clearly/stated?
2. Are the environmental impacts and consequences clearly defined
and stated for each alternative?
3. Do explanatory materials contain clear, concise, and factual
information?
4. Are technical and professional terms and government acronyms
defined and explained? Has a glossary of terms been prepared?
5. Have individual information products been pre-tested with
citizens and officials prior to printing and distribution?
6. Are information products provided free of charge to the
public? If there is a cost, is the cost nominal?
7. Do all information materials contain the name, address, and
phone number of a contact person within the agency who can
answer questions and provide information?
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4.4 INFORMATION REPOSITORIES
4.4.1 Focus
Information repositories should allow free and convenient access to
information either required or deemed useful to be made available to the
public. An information repository is a central file where citizens can review
all permit-related documents approved by EPA or a state for public
disclosure. Information in the repositories should be updated as necessary.
4.4.2 Techniques
Select one or more locations early in the permit process. Locations
should be easily accessible to members of the community, and should be open
after work hours. Possible repository sites might include libraries,
government buildings, and shopping centers. -Contact individuals at the
selected repository locations in order to:
Identify special needs of the repositories to keep
contents together (e.g., in a 3-ring binder).
Discuss how additions will be handled.
Learn where information will be located.
- Discuss possible special -displays at the repositories
to highlight information.
Discuss methods to have a sign-up sheet for mailing
list development.
Receive approval from the repositories.
Select and deposit the materials to be included in the repository file.
Potential materials for the file include:
Permit application;
Draft permit;
News releases about the permit and facility;
A facility description;
Technical data concerning the facility and relevant
permit issues;
. Non-technical descriptions of the facility and
relevant permit issues;;
RCRA fact sheets;
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Pertinent Federal Register notices;
Copies of orders and decrees;
Information concerning the RCRA permit process and
opportunities for public involvement;
Any reference materials relevant to the facility
(e.g., maps, chemical references, etc.);
. Announcements of all public involvement activities;
Transcript of public hearing, agendas, handouts;
Responsiveness summary;
A list of agency personnel (with addresses and
telephone numbers) from whom further information can be
requested;
Any other documents that are part of the
administrative record.
Combine these materials in a 3-ring binder or any'similar format. Deliver to
repositories with instructions on how to add future information. Display
materials should also be developed and delivered as part of the repository.
Publicize the existence of the repository. Notify local government officials,
citizens groups, the local media, and individuals on the mailing list of the
repository files' locations and hours of access.
4.4.3 Evaluation
A. Have information repositories been established? In central
locations? Are there convenient access hours?
B. Are the appropriate documents available at the repositories?
C. Are the files kept current?
D. Have the existence and location of the repositories been
adequately publicized?
4.5 PUBLIC NOTICES
4.5.1 Focus
Public notices are intended to stimulate interest in and increase
attendance at upcoming meetings and hearings. Other communication devices,
discussed in the public meeting and public information sections, should also
be used. Just publishing a public notice in a local newspaper, however, does
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not guarantee that the public will be adequately notified of public events.
Direct mail and one-to-one telephone contact, for example, work effectively if
the goal is to generate attendance at public meetings.
4.5.2 Techniques
A. Public notices must be seen to be effective. They may be in the
form of letters, newspaper advertisements, posters, or other
graphic formats. They should entice readers so that they are
read. Using eye-catching headlines or photographs, or
personalizing issues, helps to do this. Notices should explain
why it is important to attend the'meeting or hearing and what
influence or responsibility attendees will have. The notice
should highlight issues to be covered at the event, decisions to
be made, and the potential impact of decisions. Avoid the use of
a strict legal notice format, such as those in the legal notices
section of newspapers; these notices are rarely seen or read by.
the primary audiences of public involvement programs. Public
notices should be distributed so that they are highly visible to
the targetted audiences.
B. Distribution should occur at least 30, but preferably 45, days in
advance of the meeting or hearing. Respect the requirement for 45
days notice when a public hearing on a draft permit'or tentative
denial is to be held. This length of time allows busy people to
schedule the event in their calendars, and to prepare comments and
testimony. A reminder notice five to seven days in advance is
also helpful.
C. Keep public notices brief and to the point. Conceptualize issues
from the public's point of view. Present the information in
language familiar to lay people; avoid the use of jargon,
government acronyms, and complex technical terms.
D. Notices should highlight the environmental and health issues of
concern, the implications of the issues, and the decisions to be
made.
E. The notice should indicate how participation in the event will
relate to subsequent decisions and the resolution of issues.
F. Where possible, use graphics to capture the attention of the
audience, to tell a story, and to increase recall.
G. If possible, have public information specialists and graphic.
designers prepare the notice. If this is not possible, have an
information specialist review the notice.
H. Whenever possible, pre-test public notices with the public before
their distribution. Make sure the public receives the message
intended by the agency.
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.
I. Distribute the notice through direct mail to organizations and
individuals with a potential interest in the meeting or hearing.
1. In one major survey of how people who attended meetings and
hearings heard about the event, the largest number said they
received something in the mail that told them about the
gathering. The second most common response was that someone
told them about the event. Word-of-mouth proved to be an
effective communications channel. Less than five percent of
those surveyed said they saw a notice in the newspaper or
heard about it on radio or television.
2. Consider the use of a telephone network to initiate the
word-of-mouth communications system. This is especially
effective in small communities and in neighborhood organizing.
J. Distribute the notice widely to the print and broadcast media.
1. Provide a camera ready copy to newspapers for placement as a
display advertisement or as a free calendar' announcement.
"Run-of-paper" or display advertising rates are higher than
classified rates applied.to legal matters. Display
advertising is generally more expensive, but is more visible
and effective. If budgetary constraints make display ads
prohibitively expensive, legal notices can. be used.
.2. Provide a slide-of the notice to television stations for them
to use as a background image when announcing the event.
3. For radio and television, include a public service spot
announcement or press release, along with the notice, tc
increase the likelihood of the notice getting "air time."
4.5.3 Evaluation
.A. Was the public notice part of an overall plan of notification and
information? Were the elements of the plan, such as the use of
advertisements, public service spots, and public speaking events,
well coordinated?
B. Did the public notice appear 30-45 days before the event, allowing
adequate time for the public to prepare?
C. Was the public notice attractively designed? Did it capture the
reader's eye, and quickly communicate the intent of the event?
D. Was the method of distribution relevant to the community? Did it
build upon existing communication channels?
E. Did notices reach all of the potentially affected individuals and
organizations? How was distribution coordinated? Were both
opponents and proponents included in the distribution?
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F. Was the notice displayed prominently in the media and posted in
visible locations at least 30-45 days in advance of the event?
G. Did a press release accompany the notice? Were other media events
organized, such as briefing reporters or preparing feature
articles?
H. Did the notice emphasize why the event was to be held? Did it
identify the important decisions, issues, and program impacts?
I. Did the notice stress the importance of citizen attendance and
participation? Bid it explain how participation would affect
decisions and choices?
J. Did the written notice include:
1. An identification of issues under consideration?
2. A description of alternative courses of action?
3. A brief listing of applicable laws and regulations?
4-. An identification of locations where relevant documents were
obtainable?
5. The names of individuals to contact for additional information?
4.6 PUBLIC MEETINGS
4.6.1 Focus
Public meetings are one means of establishing a dialogue with a
community. The goal in any form of dialogue, such as meetings and workshops,
is to encourage an exchange of views and open exploration of issues,
alternatives, and consequences.
Public meetings must be preceded by the timely distribution of
information. They should occur sufficiently in advance of decision-making to
make certain that the public's.opinions are considered and to permit response
to public views prior to agency actions.
Meetings should be held at times and places that encourage attendance and
participation. Whenever possible, they should be held during non-work hours,
such as evenings and weekends, and at locations accessible by public
transportation.
4.6.2 Techniques
Public meetings are agency-sponsored gatherings, open to the general
public, and held to inform or involve the public in planning and
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Pclfoy
decision-making. If a question-and-answer period is included, they allow for
two-way communication, and generate interest and participation in a project.
They should be used selectively, integrated with other public involvement
techniques, and designed to meet specific objectives.
A. Planning
1. Identify the agency's objectives, expectations, and desire'd
results for the meeting.
2. Identify the audience's objectives, expectations, and desired
results.
3. Match the composition and size of the group invited to attend
a meeting with agency objectives.
4. Decide on the level of participation and involvement expected,
and choose the meeting structure and format that can best meet
agency objectives for,dialogue.
Then, choose the specific methods and techniques for
discussion, planning, problem-solving, and decision-making.
5. Choose a meeting location, keeping in mind necessary room
arrangements, equipment and supply requirements, and
accessibility by public transportationv
6. Identify the. roles and responsibilities of various staff
members and of local officials or citizens who will
participate in the meeting.
7. Make sure that everyone who wants to speak has an opportunity
to do so.
B. When to Use
1. When the agency wants to inform people, clear up
misunderstandings on agency actions or plans, or generate
public discussion on proposals, plans, or-recommendations.
2. When the agency wants to reach alarge number of people at
once, both directly.(at the meeting) and indirectly through
follow-up media coverage in local and regional newspapers, and
on radio and television.
3. When the agency wants to encourage comment and debate among
various groups interested in the facility's permit and to
encourage more community dialogue.
4. When community interest on an issue is high.
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5. When participants in a project feel the heed to share
information and ideas with the rest of the community.
6. When an agency seeks to communicate with an audience larger
and more diverse than can be included in workshops.
7. If the sole purpose of conducting a public meeting is to
educate the public, consider whether the public meeting is the
most effective technique. ' The use of newsletters, fact
sheets, slide programs, or sending public speakers to the
regularly scheduled meetings of organized groups, may prove
more successful.
4.6.3 Evaluation
A. Did the staff or participants have a good 'reason for holding this
meeting? What was the goal of the meeting? Was the goal clearly
stated? Did the goal of the agency match that of the audience?
Was the goal of the meeting attained?
B. Did the meeting precede and relate to a key decision point? Was
the audience aware of this fact?
C. Was attendance at the meeting consistent with the meeting's goals?
D. Did the staff provide written background material? What products
were provided to attendees? Examples:
Executive Summary
Technical Summary
Fact Sheet
Newsletter
Technical Report
Maps and Graphs
Other
E. How long was the program? Was the agenda followed closely? Was
the program just right in length, too long, or too short? Did the
audience remain attentive for the entire program?
F. Were the moderator, speakers, and supporting staff appropriate for
meeting the session's goals?
G. Was the informational program well presented? Was the speaker(s)
well informed? Did audio-visual materials contribute to the
informational aspects of the program? Was the informational
program veil balanced, too technical,, or not detailed enough?
H. Did the sponsoring agency ask attendees to evaluate the meeting?
1. If so, were the attendees representative of the affected
.community?
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2. If so, did the attendees seem to understand the purpose of the
meeting? Plan? Project? Timetable? The public's role? The
timing of the key decision points? How the public's comments
would influence decisions? The government agencies involved?
Costs? The source of funds?
I. Did the public receive complete answers to their questions?
J. Did a staff member take notes at the meeting for use in permit
development and in a responsiveness summary?
K. Was formal public notice sent 30-45 days prior to the meeting?
Did the notice clearly state: (check)
Purpose -
Date and Place
Time
Directions to the meeting site
Parking, transportation, and other supporting information
4.7 PUBLIC HEARINGS
4.7.1 Focus
While hearings are the most familiar form of dialogue, they should not
serve as the only forum for citizen input. When used, they should occur at
the end of a process that has given the public earlier access to information
and opportunities for involvement.
4.7.2 Techniques
A. Information
At the beginning of the hearing, the agency must inform the audience of:
The issues involved in the decisions to be made;
The considerations the agency will take into account
under laws and regulations;
The agency's tentative conclusions, if any; and
The information the agency solicits from the public.
Certain regulations require the preparation of a formal hearing record,
such as a verbatim transcript or an audio tape recording. Hearing records
must be left open for at least 10 days to receive additional public comment,
and be available for inspection and copying.
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Public hearings provide highly structured opportunities for hearing and
collecting public testimony on projects and issues. Public hearings are most
likely to be held during the public comment period on the draft permit, at
which time they often serve to encourage the preparation of written comments
by the public.
Holding a public hearing does not mean that an agency has conducted a full
public involvement program. Under normal circumstances, many other public
participation events must occur prior to a hearing so that the public has had
an opportunity to gain considerable knowledge and understanding of the issues
in advance and thereby be able ,to offer informed comments at the hearing.
While public hearings are formal events, a variety of hearing formats
exist. A format should be chosen that meets the needs and conditions of the
project.
B. Procedures
1. Begin with an opening statement that includes a summary of
major recommendations or conclusions, a description of the
public involvement effort, and explanation of the hearing
rul-es .
2. Consider having a question-and-answer period so. that issues
are clarified and proposals explained. Questions can be taken
in the hearing room or in an adjacent room.
3. Accept public testimony scheduled in advance, but avoid giving
one category of testimony the "best" time periods, which may
alienate general citizens who may also want to speak. Set a
time limit for oral testimony (such as five or ten minutes)
and encourage participants to submit longer written testimony.
4. Have an additional period of testimony for those who did not
schedule their remarks in advance. Consider taking them in
the order in which they signed up at the hearing, or schedule
blocks of time for particular points of view. When many
people sign up at once, names can be drawn at random.
5. End with a closing statement in which the'schedule for
additional hearings, the length of the comment period,
procedures for providing additional testimony, and a statement
on how to view or obtain copies of the complete hearing record
(if one has been prepared), are described.
Note: A public hearing is a type of public meeting. Consequently, much
of the material in the preceding section on effective meetings applies here.
Please see that section for further information.
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6. Attempt to hold to a set schedule for those participants who
have signed up in advance to speak at the hearing.
7. Have some type of registration card available at the hearing
for people who wish to speak but did not pre-rtgister.
4.7.3 Evaluation
A. Was the purpose of the hearing stated to the public in
attendance? Were the issues clearly stated to the public? Was
the purpose of the hearing fulfilled?
B. Were hearing notices sent out 30-45 days in advance? Did
participants indicate that they were notified well in advance?
Did they receive reminders a week or two before the hearing?
C. Were notices sent to a cross section of the population? To whom?
Officials
Organized Groups
Affected Citizens
Others
D. Were any significant groups omitted? If so, which ones?
E. Were communication efforts beyond public notices used to reach
people? Which techniques were used?
Direct mail letters
Posters in prominent places
Phone calls to opinion leaders
Media or publicity events
Other
F,, Were background information documents available to the public at
least 30 days before the hearing? What was provided?
Executive summary
Fact sheets
Copies of full technical reports
Newsletters
Other
G. Did participants at the hearing seem to have a sufficient
knowledge of the issues discussed? Had the public read the
educational materials prepared in advance of the hearing?
According to the participants, were the materials helpful in
clarifying issues or explaining proposals?
H. How many hearings were conducted? Were some hearings held after
working hours? Were hearings conducted at one location or at
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several? Would hearing participants prefer to have hearings
scheduled at a different time, place, or location, in the future?
I. Was the hearing organized so that there was advance scheduling of
speakers? Did all those who wished to speak have an opportunity
to do so? Did the speakers seem to represent a balance of
perspectives?
J. Were the hearing examiners attentive to the various speakers
throughout the length of the hearing? Did they just receive
testimony silently, or did they respond to points raised by the
various people presenting testimony? What was' their appropriate
role for this hearing?
K. Was a hearing transcript prepared? Was it an accurate reflection
of the hearing's events? Did citizens know in advance that: their
comments would be part of a formal hearing transcript?
L. Was an "open record period" announced and explained to the
public? Was additional testimony submitted to the agency during
the open period?
M. Was the hearing record made available to the public? Was a
summary of the hearing record made available to the public? To
the media? How 'did citizens and officials request copies of the
transcript, if they desired o.ne?
N. Did the agency prepare a responsiveness summary following the
hearing? Did the summary fairly reflect the points of view stated
in written and oral testimony?
4.8 RESPONSIVENESS SUMMARIES
4.8.1 Focus
A responsiveness summary is a document that summarizes the comments made
by the public and states specific agency responses to the comments. A
responsiveness summary is used to inform citizens of how their comments
affected agency decisions. It keeps the public informed about the status of
the permitting process. It provides decision-makers and reviewers with an
overview of public reaction and concern. It provides the public with a device
to track the consequences of involvement.
Responsiveness summaries should be brief and concise documents summarizing
the comments and responses of various publics and government agencies.
Complex- issues and comments should be broken down into component elements.
Similar comments from several groups or individuals should be re-phrased into
a single comment with a single response, unless this would obscure important
variations. Comments should be rephrased where necessary for clarity or
conciseness. Organize the responsiveness summary so that participants can
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find their comments easily and logically. Do not avoid negative points of
view; the responsiveness summary should contain an honest assessment of public
comments.
Some of the benefits derived through preparing responsiveness summaries
include the following:
A., Responsiveness summaries aid in determining if program and
public participation objectives are being met.
B. They provide feedback to citizens on their comments and
interpretation.
C. They help to determine if public information products are
being read, understood, and used in a timely and meaningful
manner.
D. They provide insight into the degree of success of public
hearings and meetings.
E. They provide a check on the ability of innovative
participation and information techniques to inform and elicit
meaningful comments.
F. They can be used in a mid-course assessment of the public
involvement effort; this review may sugges_t__changfiLS£or the
remaining phases.
G. The final responsiveness summary gives the participating
public a chance to provide the agency with an evaluation of
the public involvement effort. "
H. They provide opportunities to organize the issues raised by
the public and to view them from a new perspective.
I. They help to document the decision-making process.
4.8.2 Techniques
A. The responsiveness summary (or similar report) must explain
the type of participation activity conducted, identify
participants and-their affiliation, describe matters on which
the public was consulted, summarize viewpoints, comments,
criticisms and suggestions, disclose the agency's process in
reaching a decision, set forth the agency's specific responses
in modifying proposed actions or rejecting public proposals,
and the reasons for such actions.
B. The final responsiveness summary should describe:
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OSWER Policy Directive No. 9500.00-1A
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1. The number and effectiveness.of meetings,
mailings, public notices, and hearings at which
the public was informed or consulted about the
project.
2. The numbers and kinds of diverse interests which
were involved in the project (e.g., What
organizations and special interest groups
provided advice?).
3. The extent to which citizen's views were taken
into account in decision-making (eg., Were
comments used or rejected? Why?)
4. The specific changes, if any, in project design
or scope (e.g., What changes in permit
conditions occurred as a result of citizen
input?)
4.8.3 Evaluation
A. .Did the responsiveness summary provide a reasonable
description of the events, a summary of comments- and points of
view represented, and a summary of the responses of the agency?
B. Did the-responsiveness summary provide adequate depth to the
comments and responses? Would someone not present at the
event(s) have a clear idea of what transpired?
C. Is there an indication that the public had an impact on the
permit? If so, how is this impact expressed in the
responsiveness summary?
D-.-~Who-.ar.e- ,the_or,ganizat,ipns__and_j.n_dividuals cited^_in ^he ^
summary? Do they represent a good mix of community leaders,
business interests, government agencies, potentially impacted
neighbors, and the other major targetted publics? Are any key
groups or individuals unrepresented, and if so, why? - .
E. Do the comments suggest a strong and coordinated opinion from
a particular perspective, such as abutters to a facility's
site? Should these organized and vocal views receive more
attention than some others?
F. Did the comments suggest a sound understanding of the.issues?
Did the public education program contribute to a better
understanding of the issues?
G. Does the summary suggest that citizens and officials had ample
opportunity to express their views and perspectives?
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H. Does the summary indicate that citizens and officials had
adequate notice of meetings and hearings?
I. Do the responses to comments seem complete and reasonable? Do
they make a strong and convincing argument for decisions or
directions taken? Are they responsive to the difficult issues
raised by the public?
J. Did the preparers of the summary use a design and format that
makes it easy for the reader to find key issues, and
differentiate between comments and responses?
K. Did the preparers of the summary include aids such as an
introductory description of the purpose of the summary, a
brief description of the facility as a part of the
introduction, and an outline of the organization of the
summary?
L. Did the summary include copies of sign-in sheets,
notifications, handout rr.ax_erial, agendas, and questionnaires
and evaluations? Were they helpful, or just extraneous
material in the summary? Would a brief description of the
materials have proved more useful to the reader?
M. How was the responsiveness summary distributed? Was it sent
to affected decision-makers? To those people who made
comments? To the people who attended hearings or meetings?
To potentially impacted groups and individuals? To
information- repositories and libraries?
N. Was notice o.f its availability sent to the news media and the
editors of newletters with a potential interest in the project?
0. Was the length of the summary short enough so that people
might, in fact, read it? On the other hand, did it seem like
a long and weighty government report destined to be placed on
a shelf and not read?
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OSWER Policy Directive No. 9'500.00-lA
-47-
5. SPECIAL ISSUES
[Reserved]
5.1 PUBLIC INVOLVEMENT IN EXPOSURE ASSESSMENTS
5.2 PUBLIC INVOLVEMENT IN INCINERATOR CERTIFICATION
5.3 PUBLIC INVOLVEMENT IN CORRECTIVE ACTIONS
5.4 PUBLIC INVOLVEMENT IN SITING NEW FACILITIES
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OSWER Policy Directive No. .9|00.00-1A
APPENDICES
Appendix A provides a suggested format for public involvement plans.
While this format is intended to provide direction, strict adherence is not
required. As is the case with public involvement in general, the format
should be used flexibly, allowing for adaptation and creativity.
Appendix B contains samples of both required and suggested RCRA permit
public involvement materials. Here again, the format and content of these
samples is intended to be illustrative, not prescriptive. The reader may use
any ideas or language contained within the samples, either verbatim or
paraphrased. These samples have not, however, been reviewed for content, and
are intended solely to familiarize the reader with these types of public
involvement materials.
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OSWER Policyv Directive No. ybUU.UU-.LA
APPENDIX A
FORMAT FOR PUBLIC INVOLVEMENT PLANS
A. Overview of Public Involvement Plan
Purpose: This section should provide a general introduction to the
document by briefly stating the purpose of the public involvement plan
and the distinctive or central features of the public involvement effort
planned for this specific facility. It should also note any special
circumstances of the community and the facility that the plan has been
designed to address. This statement should not be a repetition of
general program goals (e.g., "Keep the community informed").
Length: One paragraph.
B. Capsule Facility Description
Purpose: This section should provide a reader unfamiliar with the
facility with the historical, geographical, and technical details
necessary to understand why the facility has been targr-.tted for expanded
public involvement.
Suggested topics: Facility location and proximity to other landmarks;
history-of facility use and ownership; date and type of any releases;
public's perception of any threat to public health or environment posed
by the facility; the permitting process to date; and responsibility for
developing permit (e.g., state or federal).
Length: One page.
C. Community Background
Purpose: This section should provide an understanding of the community
and its involvement with the facility. It should be divided into three
parts:
1. Community Profile: a discussion of the economic and political
structure of the community, and key community issues and interests.
2. Chronology of Community Involvement: a discussion of how the
community has reacted to the facility and its owners or operators in
the past, actions taken by citizens, and attitudes toward government
roles and responsibilities.
3. Key Community Concerns: an-analysis of the major concerns of the
community regarding the perceived risks or problems posed by the
facility.
In all three sections, but particularly in the last, the focus should be
on the community's perceptions of the facility and its effects on the
community.
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OSWER Policyll Directive No. 9500.00-1A
A-2
Length: May vary between three to seven pages, depending on the history'
and level of community involvement and concern regarding the facility.
D. Highlights of Public Involvement Program for the Facility
Purpose: This section should provide concrete details on public
involvement approaches to be taken at the facility. These approaches
should follow directly and logically from Section C's discussion of the
community and its perceptions of the problems posed by the facility.
This section should not restate the goals or objectives of public
involvement in RCRA permitting in general. Instead, it should develop a
strategy for communicating with a specific community. The most effective
avenues for communicating 'with the public that were identified in the
field assessment should be emphasized.
Suggested topics:
Resources to be.used in the public involvement program (e.g.,
local organizations, meeting places);
v
Key individuals or organizations which will play a role in
public involvement 'activities;
Areas of sensitivity that rr.ust be considered in conducting
public involvement efforts.
E. Public Involvement Techniques and Timing
Purpose: This section should state what public involvement activities
will be conducted at the facility, and when they should be implemented.
This section should also suggest additional techniques that might be
conducted at the facility, depending on circumstances as the permit
process proceeds, and when in the process they are likely to be most
effective.
Length: Two to three pages. Matrix format may be suitable for this
section.
Appendices
Mailing List of Interested Parties and Key Contacts
Suggested Locations for Meetings and Information Repositories
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OSWER Policy Directive\No. 9500.00-1A
APPENDIX B
SAMPLES OF WRITTEN MATERIALS AND PUBLICATIONS
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OSWER Policy Directive No. 9500.00-1A
Statement Of Basis
STATEMENT OF BASIS
Columbus Steel Drum Co.
OHO 000-723-676
This is a statement of basis for the Draft Hazardous Waste Permit for the
subject facility. It briefly describes the derivation of the conditions
of the draft permit and the reasons for them. Under 40 CFR 124.7 (Title
40 of the Code of Federal Regulations, Section 124.7), the Statement of
Basis is sent to the applicant and to any other person who requests it.
A. FACILITY DESCRIPTION
1. RCRA Activities
Columbus Steel Drum is located in Blacklick, Ohio at 1385 Blatt Blvd.
Columbus Steel Drum is primarily a reconditioner of used steel drums,
but operates, as an extension of its business, a small hazardous
waste storage facility. The hazardous waste that is stored originates
either from (1) residues found at the bottoms of incoming "empty" drums,
or (2) spent solvents used to clean out the drums. Hazardous waste
storage occurs only in closed drums in a specially-designated drum
storage area, or in one underground storage tank. The wastes involved
are considered "hazardous" under Federal law because they are either
"ignitable" (a regulatory term roughly meaning " very flammable") or
because they contain lead and/or cadmium. Lead and cadmium are elements
found in some of the paints used on the incoming barrels, and these
elements can be toxic if ingested at sufficiently high concentrations.
This draft permit includes all of the necessc.-y Federal requirements to
ensure that the wastes handled will pose no threat to public health or
the environment. No burial, or disposal of wastes in any manner, occurs
on-site.
2. Permit Actions Other Than RCRA
a. Water
Columbus Steel Drum does not require a National Pollutant Discharge
Elimination System (NPDES) permit as all of their process and sani-
tary wastewater is discharged to the public sewer owned and operated
by the City of Gahanna.
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OSWER\Policy Directive No. 9500.00-1A
-3-
D. PROCEDURES FOR REACHING A FINAL DECISION
Under Section 7004(b) of RCRA and 40 CFR §124.10, the public is given
forty-five days to review the application and comment on the draft
permit conditions prior to EPA taking any final permitting action on
the application for a hazardous waste management permit. The comment
period will begin on the date of publication of the public notice in a
major local newspaper of general circulation. When the Regional Admini-
strator of the U.S. EPA makes his final permit decision, notice will be
given to the applicant and each person who has submitted written comments
or requested notice of the final permit decision. If none of the comments
received requested a change in the draft permit conditions, the permit will
become effective immediately upon issuance of the permit. If comments
received dunng comment period requested changes in the draft permit
conditions, then the final permit will become effective thirty (30) days
after service of notice of the decision or at a later date if review i.s
under 40 CFR §124.19.
The issuance of a Hazardous Waste Permit will be coordinated by both U.S.
EPA and the Ohio Environmental Protection Agency (OEPA). .At this time,
each Agency has regulations which require a permit to be issued for all
facilities which treat, store, or dispose of hazardous waste. If the
state receives final authorization for the hazardous waste program, the
the state will assume the administration of the Federal hazardous permitting
program and this permit.
E. BRIEF SUMMARY OF THE PERMIT CONDITIONS
The attached.Section provides a brief summary of the permit conditions
in the draft permit. The column titled "Regulation" provides
the regulatory authority for the permit condition specified in
the column titled "Permit Condition."
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OSWER Policy Directive No. 9500.00-1A
Permit Regulation
Condition Sub.Tect MO CFR)
I.D.16. Other Noncompl.lance §270.30( 1)(10)
1.0.17. Other Information S270.30(l)(ll)
I.E. Signatory Requirement §270.11 & 270.30(k)
I.F. Confidential Information . §270.12
1.6. Not Used
I.H. Documents to be Maintained at §264.13(b).
Facility Site 264.H(d),
§264.53(a).
264.122(a),
S26«.U2(a),
264.73,
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OSWER Policy Directive No. 9500.00-1A
Permit
Condition
II. M.I.
II. M. 2.
II. M. 3.
II. M. 4.
II. M.S.
II. M. 6.
11. N.
II. 0.
II. P.
II. Q.
f W 1 X
Subject
Closure Performance Standard
Amendment to Closure Plan
Notification of Closure
Time Allowed for Closure
Disposal or Decontamination of Equipment
Certification of Closure
Closure Cost Estimate
Financial Assurance for Facility Closure
Liability Requirements
Incapacity of Owners or Operators,
---. .. cA»,nriai institutions
Regulation
(40 CFR)
S264.ni
$264.112(b)
$264.112(c)
$264.113
§264.114
S264.115
$264.142
$264.143
$264.147
$264.148
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OSWER Policy Directive No. 9500.00-1A
Permit Regulation
Condition Sublect (40 CFR)
IV. STORAGE IN TANKS
IV.A. Waste Identification §270.13(1)
IV.B. Design of Tanks §264.191
IV.C. General Operating Requirements §264.192
IV.0. Special Requirements for Ignltable §264.198
or Reactive Waste
IV.E. Special Requirements for Incompatible §264.199
Waste
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Letter To Library To Set Up Repository
Ms. Ruth Bertnan
Head Librarian
New London Public Library
406 South Pearl Street OSWER Policy Directive No. 95
New London, Wisconsin 54961 J
Dear Ms. Bertnan:
Per my telephone conversation on June 3, 1985, with Ms. Vicki Crznarich,
the United States Environmental Protection Agency (U.S. EPA), Region V,
will receive comments on the permit application and U.S. EPA's draft
permit for Curwood, Incorporated which is located in New London.
Please make the items listed below available for public review at the
New London Public Library as soon as they are received. I am requesting
that you complete the enclosed verification form in order for our Agency
to be assured that these materials were received.
- A copy of the Curvood Incorporated permit application
- A copy of the U.S. EPA, Region V, draft permit for Curwood
- A copy of the U.S. EPA, Region V, Fact Sheet for Curwood
- A copy of the Public Notice to be published in the New London
Star-Press and Appleton Post Cresent on June 27, 1985,
advising the availability of these materials at the Library
- A copy of the U.S. EPA, Region V, pertinent Public Participation
Regulations
Please retain the materials on file for public access until further
notice. Enclosed are self-addressed, stamped labels and envelopes
to be used for the return of these materials upon notice.
Thank you very much for your cooperation in assisting our effort to
serve the.public. Plea.se contact me at (312) 886-3715, if you have
any questions.
Sincerely,
Christine Klemme
Environmental Protection Assistant
Enclosures
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Public Notice (Without Corrective Action)
NOTICE OF DRAFT PERMIT AND PUBLIC HEARING
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
REGION III
6TH AND WALNOT STREETS
PHILADELPHIA, PENNSYLVANIA 19106
Date of this Notice: December 26, 1982 Public Notice No: RCRA 2002
The United States Environmental Protection Agency (EPA) proposes
to issue a permit foe the storage and incineration of hazardous
waste to the Union Carbide Corporation for its facility which is
located on 437 MacCorkle Avenue, SW, South Charleston, WV 25303.
The EPA permit is to be issued under the authority of the Resource
Conservation and Recovery Act. This facility has been assigned EPA
identification Number WVD 98 055 4885.
A draft permit which contains conditions for the operation of a
hazardous waste storage and incineration facility has been proposed
by EPA. The permit conditions are proposed and are open to comment
fron the public.
Person's wishing to comment on the draft permit must submit such
comments in writing or provide comments at the public hearing
described below. Written -comments must be sent to the Environmental
Protection Agency, 6th & Walnut Streets, Philadelphia, PA 19106,
Actention: Joan Henry (3AW32) and must be received by EPA on or
before February 11, 1983.
This is to notify the public that a hearing to receive comments
on the permit will be held by EPA on January 27, 1983 in the South
Charleston High School located at 1 Eagle Way, South Charleston, WV
at 7:00 p.m.
All comments should address the appropriateness of the decision
.to prepare a draft permit or the appropriateness of any condition of
the draft permit. All comments must raise reasonably ascertainable
issues and should be accompanied by all reasonably available
arguments, factual grounds and supporting material. It is EPA's
present intent to limit comments at the hearing to a maximum of five
minutes per speaker so persons wishing to participate in the hearing
are encouraged to prepare written material to be submitted along
with any oral comments.
All written comments received by the above date and all comments
received at the hearing will be considered in the formulation of
final determination regarding the permit. After considering all
ccrrjaents and the requirements and policies in RCRA and its
implementing regulations, the EPA Regional Administrator will make a
decision regarding permit issuance.
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Public Notice For Corrective Action
PUBLIC NOTICE REGARDING TENTATIVE DETERMINATION
OF CONFORMITY WITH CORRECTIVE ACTION REQUIREMENTS
AND AMENDMENT OF PART 8 APPLICATION
The United States Environmental Protection Agency (U.S. EPA) Region V, is
hereby giving notice of its tentative determination that there have been
NO unconnected releases of hazardous waste or hazardous constituents to
the environment, from any current or previous solid waste management
units, at the site on which CECOS International, Incorporated Processing
Center currently operates a storage and treatment facility at 4879 Spring
Grove Avenue, Cincinnati, Ohio 45232.
This tentative determination is one'of the steps U.S. EPA is undertaking
to fulfill its obligations under the recently enacted (November 8, 1984)
Hazardous and Solid Waste Amendments of 1984 (HSUA; the Amendments).
Section 206 of the Amendments requires that all hazardous waste management
permits issued after November 8, 1984, must require corrective action for
all releases of hazardous waste or constituents from any solid waste
management unit at a treatment, storage or disposal facility seeking a
permit. It further requires that permits iss^d must contain schedules of
compliance for such corrective action (where such corrective action cannot
be completed prior to the issuance of the permit) and assurances of
financial responsibility for completing such corrective action.
U.S. EPA gave notice to the public of a draft permit for CECOS International,
Incorporated's Processing Center on August 31, 1984, and held a public
hearing on the draft permit on October 2, 1985. The technical review of
the permit appl-ication, coupled with the above public participation activities
constituted the whole of the application review'process prior to HSWA.
A final determination by'U.S. EPA concerning any releases of hazardous waste
t-or hazardous constituents to the environment will also decide whether
or not an additional condition is placed in any final RCRA permit. Should
U.S. EPA determine that such releases have occurred, any permit issued to
CECOS International, Incorporated's Processing Center would require that
corrective action be taken to address such releases, to prevent any threat
to public health and the environment. Should U.S. EPA determine that
such releases have not occurred, no such corrective action requirement
would be necessary.
Today's tentative determination is based on a review of files and documents
readily available to U.S. EPA. The review has not discovered any evident
of any such releases to the environment.
Comments are hereby solicited from the public as to whether any such
releases have ever occurred at this site. Comments must be in writing,
and should provide factual information (type of release, location, date)
which would cause U.S. EPA to modify today's tentative determination.
Comments must be postmarked no later than September 30, 1985, and be
addressed to Ms. Christine Klemme, Solid Waste Branch, 5 HS-OCK-13,
230 South Dearborn Street, Chicago, Illinois 60604.
This notice also serves to amend the Part B application. CECOS International,
Incorporated1 s Processing Center will increase the capacities of the multi
media filters to 22,500 gallons and the activated carbon absorbers to
15,000 gallons in the wastewater treatment system. This increase in
capacities will enable CECOS to treat a maximum of 360,000 gallons of .
wastewater per day.
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OSWER Policy
Joint EPA/West Virginia Public Notice
JOINT PUBLIC MTTICE CF PFEPCSZD ISSUANCE CF A PERMIT UNDER
RESOURCE OCNSEaVATICH AND RECCVEHY ACT
United States Environmental Protection Agency
Region III
841 Chestnut Street
Philadelphia, Pennsylvania 19107
in con junction with the
West Virginia Department of Natural Resources
Division of Water Resources
Hazardous Waste/Groundwater Branch
1201 Greenbrier Street
Charleston, West Virginia 25311
Date of this Notice: June 28, 1965
The United States Environmental Protection Agency (EPA) and the West
Virginia Department of Natural Resources (DNR) propose to issue a permit for
storage and incineration of hayanViM waste to Union Carbide Technical Center
which is located at 3200 Kanawha Turnpike, South Charleston, WV, 25303. The
EPA permit is to be issued under the authority of the Resource Conservation
and Recovery Act (RCRA) as amended by the fezardous and Solid Waste Anencaerits
of 1984 (HSWA) while the State permit is to be issued under authority of the
West Virginia Code Chapter 20, Article 5E. The facility has been assigned EPA
permit number WVD 06 068 2291.
The State of West Virginia is authorized to operate a hazardous waste
management' program in lieu of the Federal program for those portions of PCRA
in effect at the time of the authorization which was prior to the enactment of
HSWA.
HSWA iT"p-*v»? additional requirements on hazardous waste management
facilities which will be administered and enforced by EPA until the State of
West Virginia receives additional authorization for those requirements.
Therefore, EPA, the Department of Natural Resources and Air Pollution Control
Commission will determine whether to issue permits to Union Carbide. APCC
announced its tentative determination to issue a permit to Union Carbide on
May 16, 1985.
Facility Description
Union Carbide Corporation has applied to West Virginia for a permit to
operate a hazardous waste incinerator, and two container storage areas at
their South Charleston Technical Center. The incinerator is used to dispose
of many snail bottles of waste laboratory chemicals and drums of waste
solvents generated by pilot plant washing operations. In addition, the
incinerator is used to dispose of bags of experimental polyurethane foam which
are non-hazardous waste.
The Union Carbide Corporation Technical Center incinerator is a Brule'
Model FO4-T20 with three chambers. The incinerator is equippjed with two
auxiliary fuel burners and a liquid/gas burner. The auxiliary fuel burners
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OSWER Policy Directive No. 9500.00-1A
Public participation
Persons wishing to comment on the draft permit, permit application or
object to permit issuance must submit their comments in writing. Duplicate
copies of comments'should be sent to the:
Environmental Protection Agency
841 Chestnut Street
Philadelphia, PA 19107
Attention: Robin Cole (3HW31)
and
West Virginia Department of Natural Resources
Division of Water Resources
Hazardous Waste/Groundwater Branch
1201 Greenbrier Street
Charleston, WV 25311
Attention: Kim Fetty
All comments received within 45 days of this public notice will be
considered in the formulation of the final determinations regarding the
permits.
In the event the Regional Administrator (EPA) or the Chief (Division cf
Water Resources) receives written notice of opposition to the draft pemit and
a request for a public hearing within the cacnnent period referenced above, a
hearing shall be scheduled at a location convenient to the nearest population
center to the proposed facility. Any person requesting a hearing must raise
all reasonably ascertainable issues and must include all reasonable available
arguments, factual grounds and supporting material. If a public hearing is
required, public notice will be given at least 30 days before the hearing.
Any requests for a public hearing should be addressed to the Regional
Administrator, Environmental Protection Agency Region III, 841 Chestnut
Street, Philadelphia, PA 19107 and/or the'Chief, Division of Water Resources,
West Virginia Department of Natural Resources, 1201 Greenbrier Street,
Charleston, WV 25311.
The EPA administrative record, including the application, all data
submitted by the applicant, the fact sheet, the draft permit, maps showing the
exact facility location, and canments received, may be reviewed and copied at
EPA Region III, 841 Chestnut Street," Philadelphia, PA 19107, between the hours
of 8:30 a.m. and 4:30 p.m. Monday through Friday. A copying machine will be
provided for public use at a charge per page. Any person desiring further
information, copies of portions of the administrative record, or an
appointment to review the record should contact Joan Henry at the above
address or call (215) 597-7259.
A copy of the State Administrative record, including the application,
draft permit and fact sheet will be available for review at the West Virginia
Department of Natural Resources, Division of Water Resources, Public
Information Office, 1201 Greenbrier Street, Charleston, WV 25311. Any person
desiring further information should contact Kim Fetty at the above address or
call (304) 348-7861.
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-.. V (Si -yjo'
EPAJPennsylvania Public Notice
JOINT NOTICE OF PREPARATION 0? A
HAZARDOUS WASTE ST3P.AGE PERMIT
RESOURCE CONSERVATION AMD RECOVE.Vi ACT
United States Environmental Protection Agency
Region III
6th & Walnut Streets
Philadelphia, Pennsylvania 19106
in conjunction with the
Pennsylvania Department of Environmental Resources
Bureau of Solid Waste Management
90 E. Union Street
Wilkes-Barre, PA 18701
Date of this Notice: August 9, 1934
The United States Environmental Protection Agency (EPA) and
the Pennsylvania Department of Environmental Resources (DER)
each has reviewed a permit application for storace of hazardous
waste from Allied Corporation - Cr.er.ical Sector - Pottsville
Plant, Pottsville, PA 17901. EPA has made a tentative
determination to issue its permit. DER is still reviewing the
application.. Both EPA and DER will consider all public
comments made at this time when deciding whether to grant or
deny the permit. The EPA draft perr.it was prepared under the
authority of the Resource Conservation and Recovery Act (RCRA) ,
and the DER fact sheet was prepared under the authority of the
Pennsylvania Solid Waste-Management Act of 1930. The proposed
facility has been assigned EPA draft Permit Number PAD 06 977
6185.
The Role of DER
The State of Pennsylvania is in the process of applying to
EPA for Final Authorization of the State's hazardous waste
management program. Until Final Authorization occurs, both DER
and EPA will operate parallel programs, jointly review permit
applications and issue permits, or deny permit applications
jointly where possible. After that, all facilities will
operate exclusively under State-issued permits.
Allied Corporation - Chemical Sector - Pottsville Plant
Application
Allied Corporation - Chemical Sector - Pottsville Plant has
applied for a RCRA hazardous waste permit to operate a
container storage facility at Westwood Road in Pottsville, PA.
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OSWER Policy Directive No. 9bUU.UU-j.A
PERMIT APPLICATION FILES
EPA's administrative record, including the application, all
data submitted by the applicant, the EPA draft perr.it and fact*
sheet and maps showing the exact facility location, and
comments received, may be reviewed and copied "at EPA, Region
III, Sixth and Walnut Streets, 2nd Floor,~Philadelphia,
Pennsylvania 19106, between the hours of 8:30 AM and 4:30 PM
Monday through-Friday. A copying machine will be provided for
public use at a charge per page. Any person desiring further.
information, copies of portions of the administrative record,
or an appointment to review the record should contact Joan
Eenry at the above address or call (215) 597-8751.
Similar information will be available' for review at the
Pennsylvania Department of Environmental Resources, 90 E. Union
St., Wilkes-Barre, Pennsylvania 18701 between the hours of 8:00
AM and 4:00 PM Monday through Friday. Any person desiring
further information should call Mr. David Lamereaux, Regional
Solid Waste Manager, Wilkes-Barre at (717) 826-2516.
Copies of the perir.it application are also available at the
Schuylkill County Planning Commission Courthouse, Pottsville,
PA and the Norwegian Township Board of Supervisors, Maple
Avenue, Mar Lin, PA.
Any relevant comments received within 45 days of the date
of this joint public notice will be considered in the
formulation of final determinations regarding the permits. '
After consideration of all written comments and of the
requirements and policies in RCRA and appropriate State
regulations, EPA and DER will make their final decision to
either issue, modify or deny the permit. At that time, EPA and
DER will notify the applicant and each person who has submitted
written comments or requested notice of the final permit
decision. The final EPA permit decision will become effective
thirty (30) days after the service of notice of the decision
unless a later date is specified or review or appeal to the
Administrator-of EPA is requested under 40 CFR §124.19. If no
comments requested a change in the draft permit, the final
permit will, become effective immediately upon issuance. The
final DER permit action will be published in. the Pennsylvania
Bulletin and this action by the Department may be appeaiable^to
the Environmental Hearing Board, Third Floor, 221 North Second
Street, Harrisburg, Pennsylvania 17101, (717) 787-3483), by any
aggrieved person pursuant to Section 1921-A of the
Administrative Code of 1929, 71 P.S. Section 510-21; and the
Administrative Agency Law, 2 Pa. C.S., Chapter 5A. Appeals
must be filed with the Environmental Hearing Board within
thirty (30) days of receipt of written notice of this action
unless the appropriate statute provides a different time
period. Copies of the appeal form and the regulations
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.OSWER Policy Directive No. 9500.00-iA
Public Service Announcement Cover Letter, Script,
And Verification Form
Ref: 8AW-WM
KQIL Radio
P.O. Box 320
Grand Junction, CO 81502
Dear Linda Sparks
Enclosed please find a purchase order from the Environmental Protection
Agency (EPA) to place a radio broadcast with your station. The announcement
gives public notice regarding a period of review for a hazardous waste perrr.it
at the University of Colorado. The announcement should be aired on June 14
1984.
We have enclosed the announcement tc be aired. Please return the
enclosed verification form in the self-addressed envelope, in order to receive
payment and to allow EPA to document the time and place of the radio
advertisement.
If you need further information or find that the announcement must be
changed in any way, please call Mrs. Pac Urquhart at (303)844-6258.
Thank you for your assistance.
Sincerely yours,
AT Broach
Purchasing Agent
Enclosures
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VERIFICATION OF BROADCAST
This is to verify that a Public Announcement on the Environmental
Protection Agency's notice of denial of a hazardous waste storage permit for
Gary Refining Company was broadcast on KQIL on the following dates:
Signature
Date
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. OSWER Policy Directive No. 95qo.OO-lA
- ' \
\
Public Notice Of Facility Closing
^j
3 UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
^ REGION VIII
1860 LINCOLN STREET
DENVER. COLORADO 80295
. U.S. ENVIRONMENTAL PROTECTION AGENCY - REGION VIII
PUBLIC NOTICE OF FACILITY CLOSURE
UNDER THE RESOURCE CONSERVATION AND RECOVERY ACT (RCRA)
Faci lity Closing
Name: Laramie Eneray Technology Center, North Site (LETC)
EPA I.D. #: "WY2890031874
Location: One mile North of Laramie on U.S. Highway 30
P.O. Box 3395 University Station
Laramie, Wyoming 82071
LETC operated a facility, which was identified on the RCRA Part A permit
application, for storing hazardous waste in containers, with a prooosed
capacity of 500 gallons for 68 different hazardous wastes. The largest
quantities of hazardous waste anticipated to be stored at the facility were
benzene, toluene,-and cyclohexane.
Public Comments
The Environmental Protection Agency (EPA) announces that until
May 24, 1985, public comment will be accepted on the LETC closure plan, in
accordance with hazardous waste regulations (40CFR 265.112 (d)). Accordina to
these regulations, the EPA Regional Administrator will approve, modify, or
disapprove the plan. Comments, questions, and written ccmmunications should
be directed to Lawrence Wapensky, U.S. EPA Region VIII, Waste Management
Branch, 1860 .Lincoln Street, Denver, Colorado" 80295, telephone number
(303) 293-1662.
The closure plan and supporting documents are available for review during
regular business hours (8:30 a.m. to 4:30 p.m.) at the U.S. EPA Library,
1860 Lincoln Street, Denver, Colorado, at the offices of. the Department of
Environmental Quality, Water Quality Division, terschler Building,
122 test 25th Street, Cheyenne, Wyoming, and the Albany County Public Library,
310 South 8th Street, Laramie, Wyoming.
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OSWER Polrcy Directive No. 9500.00-1A
Public Hearing Registration Forms
&EPA
U.S. Environmental Protection Agency
PUBLIC MEETING REGISTRATION FORM
NAME.
ADDRESS.
CFTY ZIP.
Do you represent a municipality, agency or group?
DYes Which?
DNo
Are you already on our mailing list?
DYes
DNo
SEPA
U.S. Environmental Protection Agency
PUBLIC MEETING REGISTRATION FORAf
NAME.
ADDRESS.
CrTY_____ ZIP.
Do you represent a municipality, agency or group?
DYes Which? '.
DNo
Do you want to submit Do you want to make
written comments? make verbal comments today?
OYes DYes
DNo DNo
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OSWER Policy Directive No. 9500.00-1A
RESPONSE TO COMMENTS ON THE. DRAFT
GUIDANCE ON PUBLIC INVOLVEMENT IN THE
RCRA PERMITTING PROGRAM
A number of recurring issues and concerns emerged from the comments
received from staff in EPA headquarters, regional offices, state agencies, and
ASTSWMO. Most of these issues were able to be addressed in the guidance,
although several were not. This Response to Comments discusses the most
important issues and the manner in which they were handled.
1. "Recommended" vs. "Required"
Many reviewers emphasized the importance cf allowing regional offices and
states considerable flexibility in planning and implementing public
involvement efforts. The initial drafts c: the guidance evidently did not
assert as clearly as possible that apart from regulatory requirements,
decisions about when to conduct public involvement activities, and which
activities to conduct, were at the discretion of the regional office or state,
so long as the National Permit Strategy's general goal of earlier and expanded
public involvement in RCRA permitting was being met. Several changes were
made to the guidance in response to such comments:
Language was added or modified throughout the guidance
to emphasize discretion and flexibility and to encourage
'adaptation and creativity.
The summary chart of possible activities to involve
the local public in the permitting process (Exhibit 3-1)
was- altered so that activities required by regulations
were listed in a separate column from those that are
discretionary.
In addition, the term "recommended" was changed to
"suggested" throughout the guidance in referring to
discretionary activities.
2. Owner/Operator's Role in Public Involvement
Many reviewers were uncomfortable with the draft guidance's initial
depiction of the owner/operator as a member of the "public involvement team."
While the general thrust of the guidance was. to encourage the owner/operator
to assist in public involvement activities and to coordinate actions with the
agency's efforts, some reviewers thought this approach could foster an
impression of collusion. One reviewer warned that some joint activities might
be prevented by state prohibitions against ex parte communications. In
response:
The guidance no longer refers to the owner/operator as
a "member of the team."
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OSWER Policy Directive No. 9500.00-1A
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The guidance still recognizes and encourages, the
owner/operator's responsibility to educate and involve
himself in the community,, but makes a clear distinction
between the agency's statutory mission and the owner/
operator's interests, i.e., the agency's role is to
review a permit, not be an advocate for it.
Two caveats were inserted regarding state requirements
that may prevent owner/operator participation in certain
public involvement activities.
)
3. Resources
The issue that received the most comment -- and the largest issue left
unresolved in the guidance -- concerns the availability of adequate
resources. One reviewer suggested that the suggestions in the guidance should
be scaled back in light of resource constraints. Several requested guidance
on how to tap into funds set aside for RCRA public involvement or otherwise
secure funding. One reviewer brought into question staff capabilities,
declaring that there was a lack of skilled interviewers to conduct field
assessments.
The resources question is undeniably critical to the implementation of the
public involvement'effort. The purpose of the guidance, however, is to
explain EPA policy and suggest procedures for translating that policy into_
action during the permitting process. Moreover, the guidance is intended for
use by staff in every EPA regional office, as well as in the states,, over a "~
period of years. It was deemed inappropriate to discuss resource availability
and procedures for obtaining resources in a document of this nature, except in
a general fashion.
We did make additions to the guidance that may serve tc answer some
general questions relating to resources. For example, the guidance now notes
the option of using contractors to conduct field assessments and prepare
public involvement work plans. In addition, we have included a discussion of
resource questions in the two-day training, course on public involvement -in- - -
RCRA permitting currently being delivered in the regional, offices.
At the present time, there are vehicles within regional budgets that can
be designated for public involvement, such as the RCRA program contract with
A.T. Kearney and the Superfund REM contract. There is also one person-year
(FTE) that has been given to each region for RCRA public involvement. In the
meantime, headquarters is investigating additional resources that may be made
available for public involvement implementation.
4. Timing of Public Involvement Activities
Several reviewers felt tht it was impractical to undertake activities that
were recommended in the guidance for the period before submission of the
permit application. Thus, it was noted that all land disposal facilities are
supposed to have submitted their applications by November, around the same
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OSWER Policy Directive ,so
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time the guidance would be released. In response, the suggested time for the
field assessment, public involvement work plan, mailing list preparation, and
introductory notice were shifted to the period after the submission of the
permit application. The guidance explains, however, that the field assessment
and public involvement plan could gain additional effectiveness if conducted
prior to a permit application's submission.
5. Permit Denials and Post-Permit Activities
Many reviewers commented that the guidance was overly focused on the
issuing of permits. Some reviewers argued that permit denials and facility
closures would also necessitate public involvement efforts. Others suggested
that, in general, the guidance should give attention to the need for public
involvement after final determination on a permit. In response:
A section.was added, entitled "Public Involvement upon
Final Determination of a Permit," which discusses public
involvement in connection with corrective actions, the
release of ongoing monitoring data, and closure plans.
This new section also explains the advantages of
continuing public involvement after a final
determination on a permit.
The guidance was revised throughout to acknowledge the
possibility of other outcomes besides permit issuance.
6. Which Facilities Deserve Expanded Public Involvement?
Reviewers requested additional guidance on identifying which facilities
should be the focus of expanded public involvement efforts, given that a full
effort cannot be mounted for every facility applying for a permit. Some
reviewers felt that the draft guidance's use of the National Permits .
Strategy's "environmentally significant facility" definition was inadequate,
if not misleading, as a criterion for selecting facilities to be the focus of
public involvement efforts because not all of those facilities would generate
sufficient public concern to warrant expanded public involvement efforts'.
Moreover, their"experience indicated that many environmentally "insignificant"
facilities would be subjects of intense controversy. Other reviewers thought
that the term "significant public interest" was also inadequate as a criterion
for expanded public involvement. In response:
The guidance now explains that environmentally
significant facilities should be "seriously considered,
but not automatically targetted, for expanded public
involvement."
9 We included in the guidance a list of seven factors
typically found to be associated with significant public
interest or concern. This list is based on substantial
analysis conducted, over the past several months.
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The list of potential sources of public interest was
doubled to include such issues as enforcement, ATSDR
referrals, transportation of hazardous wastes, and
evacuation and emergency plans.
The approach taken in "targetting" facilities for expanded public
involvement is also intended to address the concern of those reviewers who
fear that expanded public involvement will call attention to and stir up
opposition toward a facility's permit. It is not the goal of this program to
create opposition where it does not exist. Targetting facilities that, in the
region or state's opinion, are most likely to generate the highest level of
interest or 'concern ensures that public involvement activities mitigate,
rather than create, opposition. The guidance's emphasis on tailoring public
involvement activities to a community's individual circumstances is also
intended to recognize the need to take those actions, and only those actions,
that will facilitate a community's constructive involvement with the RCRA
permitting process.
7. State Participation in Public Involvement
Reviewers asked about the degree to which authorized states will be
required to comply with the guidance and whether or not the regional offices
will be required to conduct public involvement activities if states are
unwilling. A number of reviewers pointed out that many states have public
involvement requirements that either overlap or differ from EPA requirements,
a potential source of confusion. In response: . _ _^=: _ ........ _ ___________ .......
A paragraph was added to the section in Chapter 2 on
"Roles and Responsibilities" outlining the contributions
that states can make to public involvement regardless of
their level of authorization.
Language was added to give states responsibility for
coordinating state requirements on permits, public
involvement, and administrative procedures.
References to "EPA" were expanded to include "states,"
where appropriate, or the neutral term "agency" was
used, to acknowledge that some states will have primary
responsibility for public involvement efforts.
Furthermore, it should be noted that the 1986 RCRA Implementation Plan
(RIP) requires the public involvement program to be included in the annual
work plan of each state and to be considered when state programs are evaluated
by EPA.
8. Program Implementation
There appeared to be some confusion about the scope and purpose of two key
elements of an expanded public involvement program: field assessments and
public involvement plans. The guidance now specifies that a field assessment
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generally involves one to two days of face-to-face interviews with community
members, but acknowledged that some information may be efficiently obtained
over the telephone. Although the guidance focuses on the field assessment as
a technique to be used after a facility has been targetted for expanded
public involvement, the type of information obtained from a field assessment
could also be used to assess whether a facility deserves to be targetted in
the first place. Regions and states are encouraged to conduct as many field
assessments as possible to more accurately discriminate which facilities are
likely to generate the most public concern.
Although the draft guidance described the public involvement plan as a
brief and concise document, some reviewers are still unsure of how detailed
the plan should be and requested further guidance and examples. The guidance
does specify the general types of information to be included in a public
involvement plan:
A summary of citizen concerns ar.d a list of community
leaders;
A list of public involvement actions to be taken; and
The timing of these actions.
However, because a public involvement plan should be tailored to a community,
flexibility must be maintained-. Accordingly, the guidance now contains a
model format for the public involvement plan (Appendix A) to provide
direction, but states clearly that the format should be used flexibly,
allowing for' adaptation and creativity. In addition, Headquarters is working
with Region VII to develop a model public involvement plan for an actual RCRA
facility. This plan will be disseminated in the near future.
The guidance makes reference to the public involvement plan as ar. cut line
of the "minimum actions EPA or the state will use to facilitate public
involvement." The reason, although not stated in the guidance, is that the
public involvement plan is a public document that should be placed in
information repositories and distributed upon request. As a public document,
the community will likely come to view the plan as a minimum effort to which
the agency will be held. Also, because the plan will stretch across, in some
cases, several years and cover public involvement for both permit review and
implementation stages, not all desirable activities will .be foreseeable.
Thus, the plan should leave room for additional activities as the permit
process proceeds.
One reviewer stated that the guidance's suggestions to use display ads
instead of legal notices was unrealistic in many cases because, of the cost.
While allowing maximum flexibility to regions and states, the guidance still
encourages the use of display ads because of their greater effectiveness.
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9. Reserved Chapters
Reviewers wanted to know when chapters held in reserve in the draft
guidance would be completed. The latest version of the guidance includes (as
appendices) a new discussion on .the suggested format for public involvement
work plans and samples of materials for public distribution, both of which
were reserved in the draft guidance. At present, the only reserved chapter is
the one on four "Special Issues" (i.e., public involvement in exposure
assessments, incinerator certification, corrective action, and in siting new
facilities). Although the order for development of these special issue
sections is yet to be determined, it is likely that corrective action will be
the first to be completed. In addition, two other special issues are being
considered for inclusion in this chapter: dioxin and closure/post-closure.
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