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 ------- 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 ------- 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. ------- -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. ------- '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. ------- -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 ------- |