vvEPA
             United States
             Environmental Protection
             Agency
          Office of
          Solid Waste and
          Emergency Response
DIRECTIVE NUMBER:  9901.3

TITLE: Guidance for Public Involvement In RCfiA Section 3008 (h) Actions


APPROVAL DATE:   MAY 5 1987

EFFECTIVE DATE:    MAY 5 1987

ORIGINATING OFFICE

0 FINAL

D DRAFT

 STATUS:



REFERENCE (other documents):
 OSWER      OSWER     OSWER
/£   DIRECTIVE   DIRECTIVE   Di

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                          Umtea Siaies Env:rc— --
   3EPA
                                Wdi.
                 OSWER Directive initiation Request
                                                              1. Directive Number
                                                          9901 .3
                               2. Ongmoior Information
  Name at Contact Person
    Jackie Tenusak
                                                       Telopnone Number
                                                         475-872?
  3. Title
       Guidance for Public Involvement In RCRA Section 3008(h)  Actions
   I. Summary of Directive /Include brief statement ol purpose)
      Provides guidance on public invovlement actions taken under Section
    '  3008 .(h) of the Resource Conservation and Recovery Act (RCRA).
  5. Keywords
        clean-up, 3008(h),public involvement,
  6a. Dc*« this Directive Supersede Provious Directives)?  (_J Yes  |jj No  What directive (number, title)
  b. Does It Supplement Previous Directivefs)?  Q Yes  Q No  What Directive (number, title)
. Draft Level

 kJ A — Signed by AA/OAA   LJ B — Signed by Office Director  Q C —
                                               For Review & Comment
                                                           Din
Development
  his Request Meets OSWER Directives System formal
. Signature of Lead Office Directives Coordinator
                                                          Date
  . Name and Title of Approving Official
                                                       Date
JSWER           OSWER           OSWER
       DIRECTIVE       DIRECTIVE        t

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              UNITED STATES ENVIRONMENTAL PROTECTION AGENCY  QQni   -7
                         WASHINGTON, D C 20460              7 7 0 I . _;
                             MAY   5 1987

                                                         OFFICE OF
                                                SOLIU WASTE AND EMERGENCY RESPONSE
 MEMORANDUM

 SUBJECT:   Guidance  for Public Involvement In RCRA
           Section 30(38 (h) Actions

 FROM:      J. fainstdn' Porter
           Assistant  Administrator

 TO:        ADDRESSEES


     EPA is committed to providing meaningful opportunity to the
 public to be informed of and participate in decisions that affect
 them and their communities.  This memorandum provides guidance
 on public involvement actions taken under Section 3008(h) of the
 Resource Conservation and Recovery Act (RCRA).

     It is highly likely that corrective action activities, which
 differ from normal operations at a facility, will generate
 public concern.  The  nature of the problem and the visibility of
 corrective action activities are two reasons for EPA to involve
 the public during the corrective action process.  If the public
 is informed early, and allowed to be involved in the decision-
 making, it is less likely that there will be opposition to the
 decisions that are made.  Also, valuable information can be
 obtained from concerned citizens who may know the site and facility's
history.

     Section 3008(h), the interim status corrective action authority,
allows EPA to take enforcement action to require clean-up at a
 RCRA interim status facility when the Agency has information
that there has been a release of hazardous waste or hazardous
constituents.  We anticipate that the cleanup program under
Section 3008(h) will  frequently be implemented with two orders.
The first order would require the owner or operator to conduct a
study to characterize the nature and extent of contamination,
and to "develop a remedy or alternative remedies as needed.  Once
a remedy has been selected, a second order would require design,
construction, and implementation of that remedy.

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                               -2-                        9901.3


MINIMUM PUBLIC INVOLVEMENT REQUIREMENTS

     Although there will be many situations where much additional
public involvement will be necessary, I would like to emphasize
that there are minimun requirements for all 3008(h) orders,
whether on consent or unilateral.  Following the respondent's
submission of its report on the RCRA Facility Investigation and
Corrective Measures Study, the Agency will develop a proposed plan
for corrective measures, or make the decision that no corrective
measures are necessary.  The Agency shall then (1) publish a
notice and brief analysis of the proposed plan for corrective
measures, or of its decision that no corrective measures
are necessary, and make such information available to the public,
and (2) provide a reasonable opportunity (ordinarily 30-45 days)
for submission of written comments and, if the Regional Administrator
deems it appropriate, a public meeting on the plan.  If the
Regional Administrator denies a request for a public meeting, he
shall explain his decision in writing.

     The Agency shall, as necessary, modify its proposed plan for
corrective measures on the basis of written and oral comments
received.  Prior to issuance of the initial order for corrective
measures the Agency shall prepare a responsiveness summary indicating
whether and why it has accepted or rejected any significant
comments.  Following finalization of the order for corrective
measures but before implementation of corrective measures, notice
of the final plan for corrective measures shall be published and
the plan shall be made available to the public.

     Where, in the interest of protecting human health and the
environment, it is important that interim corrective measures be
implemented quickly, the public will have no advance opportunity
for written or oral comments.  Here, EPA will simply provide
substantially contemporaneous notice to the public of interim
measures being implemented.

EXPANDED PUBLIC INVOLVEMENT MAY BE NECESSARY

     The degree of public involvement in a corrective action program
will be determined by the amount of public interest in the site,
the actual or potential hazard to human health or the environment
and the type of clean-up action that will be undertaken.  In
general,  if the Agency has identified releases and determined
that they require investigation, the public should be informed
that studies are underway.  The Region may also want to hold
additional public meetings if there is a lot of interest  in the
facility.  The public should be made aware of significant technical
issues at the site.  There will be occasions where affected
citizens can make valuable contributions to remedy selection
through participation in technical discussions with owners or
operators and government representatives.

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                                                        '9901.3



      We strongly urge  the  use  of a public  involvement plan for
 sites in which there  is  likely to be significant public interest.
 At appropriate points  during the process,  fact sheets can be
 developed that should  both inform the public and allay fears
 that could surface  if  no substantive knowledge were made available.
 A public involvement plan  tailored to each site can also be very
 helpful.   You  may refer  to Community Relations in Superfund;
 A Handbook March 1936, and Public Involvement Guidance in the
 Permitting Program, March  1986,Directive  9500.01,for further
 information on public  involvement techniques and process.  The
 regional  RCRA  public involvement coordinator can also offer
 valuable  information and assistance.

      There are limitations  on  the release  or discussion of certain
 information during  the §3008(h) enforcement process.  This is
 especially true  during negotiations.  The  confidentiality of
 statements made  during the  course of negotiations must be maintained.
 Our  goal  during  negotiations is to encourage frank discussion of
 all  issues,  and  try to resolve differences.  Public disclosure
 of this information would  jeopardize the success of the negotiations.
 Disclosures  of strengths and weaknesses of a case, information
 that is privileged and protected under the law, enforcement
 strategy  and timing would also jeopardize  the government's enforce-
 ment position. '  If a case  is referred to the Department of Justice
 to initiate  litigation,  further constraints may be placed upon
 public involvement.  In  this situation, the scope of public
 involvement  should be discussed with the lead DOJ attorney.

      Coordination among  EPA and/or State personnel is very important
 At some sites, RCRA Permits and Enforcement Personnel and Superfund
 will  be involved, and a  coordinated approach will serve the
 Agency and the public best.  In order to establish a network
 whereby information can be exchanged, I would like each region
 to appoint a coordinator for public involvement in §3008(h)
 orders.  This  person may be from either your public involvement
 or enforcement staffs.   Please call Jackie Tenusak of my staff
 at FTS 475-8729 with the name of your contact.

      Thank you for your attention to this matter.  Please do not
hesitate to call me, or any of our public  involvement staff, if
 you have questions.

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                               -4-
ADDRESSEES

Regional Hazardous Waste Management Division Directors,
Regions I-X

RCRA Enforcement Section Chiefs
Regions I-X

RCRA Enforcement Branch Chiefs
Regions I-X

Public Involvement/Community  Relations Coordinators
Regions I-X

cc:  Pamela Garrow, OWPE
     Olga Corey, OWPE
     Vanessa Musgrave,  OSW
     Melissa Friedland, OERR
9901.3

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