United States
Environmental Protection
Agency
Off ice of
Solid Waste and
Emergency Response
Publication 9230.0-05FSJ
September 1992
&EFA
Superfund Fact Sheet:
Public Involvement
Office of Emergency and Remedial Response
Hazardous Site Control Division (5203G)
Quick Reference Fact Sheet
Citizens can help make decisions about Superfund activities in their communities
through both independent action and formal community relations activities. The U.S.
Environmental Protection Agency (EPA) recognizes the importance of considering
public input and keeping the public informed as site activities are planned and carried
out. EPA guarantees public involvement in the Superfund process.
How can Citizens There are many ways for individuals or groups to participate in the Superfund process
participate In the besides participating in EPA-sponsored community relations activities. For example,
Superfund process? citizens can:
• Report actual or potential releases of hazardous substances to the National Response
Center's 24-hour hotline (1-800-424-8802).
• Ask EPA to conduct a preliminary site assessment Anyone who is, or may be,
affected by the release of a hazardous substance can petition EPA to conduct a
preliminary assessment of a site to determine whether the site threatens human
health or the environment. The preliminary assessment is the first step in the
Superfund process. It identifies hazardous substances at the site, and the popula-
tions and sensitive environments likely to be affected by their release. A petition
should include, if possible: the type of substances that were, or might be, released;
the sorts of activities that occurred where the release happened; and whether State
or local authorities were contacted about the release.
• Ask the Agency for Toxic Substances and Disease Registry (ATSDR) to conduct a
health assessment at a site. Health assessments help EPA decide whether to study
further possible human health effects from actual or potentM hazardous substance releases.
• Hire a technical advisor with a Technical Assistance Grant (TAG). EPA provides
TAGs of up to $50,000 to groups threatened by hazards at Superfund sites that are
listed on (or proposed for listing on) the National Priorities List (NPL). These
grants can be used to hire a technical advisor who may 1) review site-related
documents and attend site-related hearings and meetings, 2) explain technical infor-
mation to the group and the community, and 3) communicate group concerns to
EPA. Grants may not be used to develop new information or to undertake legal
action. Also, the group is required to provide 20 percent of the cost of the technical
advice. The group contribution can be in-kind services, such as administrative support,
rather than cash. Under ce; tain circumstances EPA may waive the group contribution.
• Sue the government. Citizens can sue the government or any person that violates
any standard, regulation, condition, requirement, or order that has become effective
due to the Superfund process.
How does EPA ensure
that citizens'
concerns are Included
In the Superfund
process?
Citizens can influence the Superfund process by participating in EPA-sponsored com-
munity relations activities. These activities inform the public about clean-up plans and
progress, and involve citizens in making decisions about Superfund activities in their
communities. By focusing on citizen concerns, community relations activities help
EPA and the State ensure that clean-up actions address the problems especially impor-
tant to the community. They also help EPA and States that manage response actions
collect information about a site's conditions and history.
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Community relations activities range from small discussions between concerned citi-
zens and government officials in private homes or offices to large public meetings
where officials can present site developments to the entire community. Such gather-
ings let citizens raise issues, express concerns, and ask questions. They also help EPA
understand the community's information needs, and how and when citizens want to be
involved in the Superfund process. In addition to holding meetings, EPA and States
issue press releases announcing new developments in site work and fact sheets sum-
marizing current knowledge about a site's problems and clean-up options.
Through meetings and discussions, citizens often provide EPA with information about
a site's history that proves valuable in planning a response action. Their knowledge
about when and how a site was contaminated may help EPA select sampling and
monitoring locations in and around the site. EPA may learn about who is responsible
for a problem from discussions with community members. EPA also considers citizen
concerns in deciding how to clean up a site, so that the selected clean-up actions deal
with the problems especially important to the community.
For each removal and remedial action, a Superfund spokesperson is appointed to
inform the community about the release and the actions Superfund is taking, and to
respond to questions. In addition, the spokesperson is responsible for contacting State
and local officials and individuals who are immediately affected by a release. Spokes-
persons usually are drawn from the EPA's Superfund program community relations
staff. If, however, a site is State-managed, the spokesperson will be a State employee.
Community relations activities for short-term removal actions are different from those
r@m©vsil ©©41©rii? for long-term remedial actions, which can be conducted only at sites on EPA's Na-
tional Priorities List (NPL). During a removal action, the On-Scene Coordinator (the
person in charge at the site) must protect public health and property until the immedi-
ate threat is over. This means that during a removal the urgency of the problem may
leave very little time to involve citizens in deciding how the site will be cleaned up.
At such times, the primary community relations activity is to inform citizens about
response actions and their effects on the community. Nevertheless, EPA regulations
provide for as much community involvement as is feasible. During a removal that
lasts longer than 45 days, or during a remedial response, citizens can learn more about
EPA activities and can communicate their concerns to EPA.
If a removal is expected to begin within 6 months of the site inspection and to be
completed in less than 120 days, the lead agency (either EPA or the State) must make
an administrative record available to the public. The administrative record contains
the information that the agency used to select the site remedy. The public may
comment on the adnv-'strative record for at least 30 days from its issuance. The lead
agency responds in wnung to significant comments, and these responses also become
part of the administrative record.
If a removal is expected to begin within 6 months of the site inspection and to take
longer than 120 days, the lead agency must prepare a Community Relations Plan
(CRP) and establish at least one information repository.
The CRP specifies how the lead agency will ensure that local residents can express
their opinions and concerns about the site and how the public will be kept informed of
all clean-up actions at the site. The lead agency uses information gathered in discussions
and meetings with residents, local officials, and public interest groups to prepare its CRP.
The information repository is usually located in a public building such as a school,
library, or town hall. Typically, the repository includes press releases, fact sheets, and
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What happens during
a remedial action?
technical reports about lead agency activities and a site's contamination problem(s).
The lead agency may withhold confidential or sensitive information about liability or
negotiations in an effort to force responsible panics to pay cleanup costs. Otherwise,
the public has a right to know everything about a site.
If a removal is expected to begin more than 6 months after the site inspection, the lead
agency must create a CRP and establish a repository before removal activities begin.
The lead agency also must publish in a major local newspaper where and when the
public can examine the agency's analysis of a site's engineering costs and their related
alternatives. The public may comment on this analysis for at least 30 days; the lead
agency will extend this comment period by IS days if a timely request is made. The
lead agency also prepares written comments to significant responses from the public,
placing these comments in the site file.
Before beginning a remedial action, the lead agency must prepare a CRP, establish an
information repository, and inform the community about the availability of Technical
Assistance Grants.
The public must have a chance to comment before the lead agency makes any major
decisions concerning remedial actions at a site. Citizens are encouraged to comment
on the Remedial Investigation/Feasibility Study (RI/FS) and the proposed remediation
plan during a 30-day comment period. The RI/FS assesses how serious the site contami-
nation is, characterizes the potential risks to the community, and examines the feasibil-
ity of various clean-up options. The proposed remediation plan explains in non-
technical language the preferred method of cleaning up the site and the other alterna-
tives under consideration. EPA or the State agency must publish in a major local newspa-
per a brief analysis of the proposed plan, including when and where it can be examined. If
a timely request is made, the public comment period can be extended 30 days.
EPA must hold a public meeting during the public comment period. EPA encourages
and gives strong consideration to public comments on all the alternative remedial
actions being considered at a given site, and on other site activities. EPA also consid-
ers each alternative's reliability, effectiveness, construction cost, and maintenance cost.
After this consideration, EPA must prepare a Responsiveness Summary describing the
significant public comments and responding to the issues raised. After selecting the
final engineering design, the lead agency must issue a fact sheet and give a public
briefing before starting the remedial actioa
What effects can Public involvement in Superfund contributes to sound decisions and greater protection
citizen Input have? of public health and the environment A number of site cleanups have been signifi-
cantly influenced by public involvement in the Superfund process. For example:
• Citizens and businesses near a site in Illinois were concerned that EPA's proposed
clean-up alternative would harm the town's economy by limiting use of a nearby
lake shore. In response, EPA developed a different clean-up alternative which
allowed the town to use the lake shore.
• Residents near a site in Minnesota expressed a strong preference that EPA treat their
contaminated wells rather than connect residents to a nearby city's reservoir. After
carefully considering information that residents provided, EPA proposed a plan to
treat their wells to remove contaminants.
Although EPA takes a community's preference into consideration when choosing a
site remedy, EPA must also consider other factors such as reliability and effectiveness
when making the final remedy selection. EPA has the final say and may select a
remedy that is more effective, based on reliability, permanence, or cost.
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EPA is developing the Superfund Accelerated Cleanup Model (SACM) to make hazardous waste cleanups more
timely and efficient. This will be accomplished through more focus on the front end of the process and better
integration of all Superfund program components.
SACM will operate within the existing statutory and regulatory structure. As SACM develops, there may be
modification of certain policies noted in this fact sheet. However, overall priorities will remain the same: deal
with the worst problems first; aggressively pursue enforcement opportunities; and involve the public in every
phase of the process.
Regional Superfund Community Relations Offices
Region 1
Superfund Community Relations
Office of Public Affairs
EPA Region 1 (RPA-74)
#1 Congress Street
Boston, MA 02203
(617)565-3425
Region 2
Community Relations Branch
External Programs Division
EPA Region 2 (2-EPD)
26 Federal Plaza
New York, NY 10278
(212) 264-7054
Region 3
Superfund Community Relations
Office of External Affairs
EPA Region 3 (3EA21)
841 Chestnut Street
Philadelphia, PA 19107
(215) 597-9905
Region 4
Superfund Community Relations
Waste Management Division
EPA Region 4
345 Courtland Street, N.E.
Atlanta, GA 30365
(404) 347-2643
Region 5
Superfund Community Relations
Office of Public Affairs
EPA Region 5
Metcalfe Federal Bldg.
77 West Jackson Blvd.
Chicago, IL 60604
(312)353-2073
Region 6
Superfund Community Relations
Hazardous Waste MgmL Division
EPA Region 6 (6H-SS)
1445 Ross Avenue
12th Floor, Suite 1200
Dallas, TX 75270
(214) 655-2240
Region 7
Community Relations
Office of Public Affairs
EPA Region 7
726 Minnesota Avenue
Kansas City , KS 66101
(913)551-7003
Region 8
Community Relations Branch
Office of External Affairs
EPA Region 8 (80EA)
1 Denver Place
999 18th Street, Suite 1300
Denver, CO 80202
(303)294-1144
Region 9
Superfund Community Relations
Hazardous Waste MgmL Division
EPA Region 9(7-1-3)
75 Hawthorne Street
San Francisco, CA 94105
(415) 744-2178
Region 10
Community Relations Section
Hazardous Waste Division
EPA Region 10 (HW117)
1200 6th Avenue
Seattle. WA 98101
(206) 553-6901
vvEPA
United States
Environmental Protection
Agency (5203G)
Washington. DC 20460
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