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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                             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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                                   -2-

                              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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                                   -3-
                              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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                                   -4-

                              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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                                    -6-
                             ' 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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                                   -7-

                              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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                                   -9-

                               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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                              OSWER  Policy Directive  No.  9500.00-1A


        •   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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                                    -15-
                              OSWER Policy  Directive  No.  9500.00-1A


     (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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                                   -16-
                              OSWER Policy  Directive  No. 9500.00-1A


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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                                   -17-
                              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-e—in-cor-pota-ted—or— 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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                                   -18-

                               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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                              OSWER Policy.  Directive  No. 9500.00-1A


     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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                          OSWER Policy  Directive  No. 9500.00-1A


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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                               -22-

                          OSWER Policy Directive No.  9500.00-1A

    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-ity—interviews 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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                               -26-

                          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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                                                  "Directive fo.  y&o.oo-iA
                                               /
                               -27-
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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                               -28-
                                           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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                           -29-
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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                            -30-
     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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                               -31-
    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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                           -32-
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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                                   -33-
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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                                   -35-
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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                                 M
    y^H-'CfU  ' v*-~ j
-36-
                                                                    .
    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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                                        ^	.                t'tic-
                                   -37-
         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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                               •^
-38-
                                               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  a•large  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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                         .OSWER Policy Directive Np.  9500.00-1A

                               -39-
        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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                              OSWER Policy  Directive  No.  9500.00-1A

                                   -40-
            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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                               OSWER Policy Directive No.  9500.00-1A
                                   -41-
     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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                          OSWER.Policy Directive No.  9500.00-1A

                               -42-
        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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                              OSWER Policy  Directive No. 9500.00-1A

                                   -43-
            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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                              OSWER Policy  Directive No. 9500.00-1A

                                   -44-
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

                               -45-
            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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                  OSWER Policy  Directive No. 9500.00-1A

                       -46-
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

                                   -2-
         •   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

                                   -3-
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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                                    -4-
         •    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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                                   -5-
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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                                   -6-
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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