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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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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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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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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