FREQUENTLY
ASKED            „,
QUESTIONS         \
on EPA's
Public
Involvement Policy
 Involvement brings the pieces together

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FREQUENTLY

ASKED

QUESTIONS

on  EPA's

Public

Involvement  Policy

1. Why does EPA want public involvement
   in  its decision-making?
        EPA's activities affect the American people in their
        homes, communities and places of work. The
        Agency's issues are usually complex and
        controversial, with no clear answers and a wide
        array of opinions on how to address them. At
        EPA, we have learned that we make better
        decisions when we consult with the people that
        are affected by our actions.  Progress in
        environmental protection depends on  enforce-
        ment of regulations, but in recent years, it also
        depends on partnerships and stewardship with
        businesses and communities.  Easing public
        involvement in EPA's decisions fosters such
        partnerships and ensures that EPA's decisions
        reflect the interests and concerns of affected
        people and entities.

2. Why does EPA need a Public
   Involvement  Policy?
        The Public Involvement Policy will provide
        guidance and direction to EPA staff and manag-
        ers on reasonable and effective ways to involve
        the public in the Agency's decision-making
        processes. Over the years, EPA's program
        offices have used various approaches to public
        involvement, and have tried numerous innovative
        approaches that should be shared with other
        programs, carrying out the new Public Involve-
        ment Policy will encourage more opportunities
        for involvement and more consistent practices
        across the Agency, making it easier for the public
        to become involved and to affect the outcome
        of EPA's decisions. This in turn will help EPA
        carry out its mission by providing the Agency with
        a better understanding of the public's viewpoints,
        concerns and preferences.

3. What impact will the Policy have?
        Once fully implemented, the Policy will ensure
        that more consistent and effective public
       involvement opportunities exist across the
       Agency's programs and regions.  Agency staff will
       be better skilled in involving the public, and it will
       be easier for stakeholders and affected members
       of the public to contribute to the Agency's
       decisions in a meaningful way.

4. What are the specific outcomes that will
  result from this Policy?
       The purposes of this Policy are to:
       C  Improve the acceptability, efficiency, feasibility
           and durability of the Agency's decisions
       C  Reaffirm EPA's commitment to early
           and meaningful public involvement
       C  Ensure that EPA makes its decisions with
           an understanding of the interests and
           concerns of affected people and entities
       C  Promote the use of a wide variety of
           techniques to create early and, when
           appropriate, continuing opportunities for
           public involvement in Agency decisions
       C  Establish clear and effective guidance for
           conducting public involvement activities

5. Who is "the public" in this Policy?
       The term Ihe public" is used .in the Policy in the
       broadest sense, meaning the general population
       of the United States. Many segments of "the
       public" may have a particular interest or may be
       affected by Agency programs and decisions. In
       addition to private individuals, "the public"
       includes, but is not limited to, representatives of
       consumer, environmental and other advocacy
       groups; environmental justice groups; indigenous
       peoples; minority and ethnic groups; business
       and industrial interests, including small
       businesses; elected and appointed public
       officials. The news media; trade, industrial,
       agricultural, and labor organizations; public
       health, scientific, and professional representatives
       and societies; civic and community associations;
       faith-based organizations; and research,
       university, education, and governmental
       organizations and associations are also included.

6. Will this Policy be applied to every EPA
  decision, whether the decision is a major
  or minor one?
       This Policy applies to all EPA programs and
       activities. In programs or activities where the
       public is already meaningfully involved, EPA can
       use this Policy to enhance that public involve-
       ment.  Where the existing level of public
       involvement needs to improve, this Policy
       provides suggestions for how to move forward.
       Finally, this Policy can serve as a model for
       building public involvement into new programs as
       they are developed.

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       The activities where conducting meaningful public
       involvement should particularly be considered include:
       C  EPA rulemaking, when the regulations are
           classified as Economically Significant
           Actions (under the terms of Executive Order
           12866)
       C  EPA issuance or significant modification of
           permits, licenses or renewals
       C  Selection of plans for cleanup, remediation
           or restoration of hazardous waste sites or
           Brownfields properties
       C  EPA's decision on whether to authorize,
           delegate or approve states or local
           governments to administer EPA programs
           consistent with the relevant regulatory
           requirements for each  program
           ( Note: Tribes seeking  approval to administer
           environmental programs under EPA
           statutes generally also seek "treatment in a
           similar manner as a  state (TAS)" status
           from EPA.  Appropriate opportunities for
           public participation are contained in the
           relevant statutory and  regulatory provisions
           establishing a TAS process. Consult with the
           Office of Regional Counsel or the Office of
           General Counsel, and  or the American Indian
           Environmental Office for assistance.)
       C  All other policy decisions that are determined
           by the Administrator, Deputy Administrator or
           appropriate Assistant,  Regional or Associate
           Administrator to warrant public participatio
           in view of EPA's  commitment to  involve the
           public in important decisions
       C  The development of significant information
           products (as the Office of Environmental
           Information has defined them in Appendix 2:
           Definitions)


7. Is EPA creating new public involvement
   requirements with this Policy?
       No. This Policy is not a rule, is not legally enforceable,
       and does not confer legal rights or impose legal
       obligations on any member of the public. It is, however,
        EPA's statement of its strong commitment to full and
       meaningful public involvement in Agency activities.
       This Policy should encourage the use of more
       techniques.

8. Will the new Policy replace public
   participation requirements in existing
   laws  or regulaions?
        No. Public participation  requirements in existing laws
        and regulations must be met. This Policy, however, can
        supplement those requirements and enable EPA to
        implement them in the most
        effective ways.  It can also build greater awareness
        of the variety and best uses of involvement
        techniques.

9. Is EPA creating a new public  involve-
   ment recipe to be followed throughout
   the Agency, regardless of cost?
        No. This policy identifies seven key functions that
        should be considered when planning for public
        involvement. How those functions will be carried
        out depends on particular circumstances, and will
        require judgment on the part of Agency officials.
        However, the bias should  be for involvement.
        Agency employees should strive to provide the
        most meaningful public involvement opportunities
        appropriate to each situation. The issues;
        locations; potential environmental and public health
        impacts of the activities; the potential for
        controversy; specific needs  of the public and the
        Agency; and other circumstances will influence the
        design of public involvement processes. The
        Policy also recognizes the Agency's need to set
        priorities for its use of resources.  It also
        emphasizes involvement by the public in decisions
        where options are available and alternatives must
        be weighed, or where EPA is seeking substantial
        agreement from the public to carry out a program.

        The seven basic functions for effective public
        involvement in any decision or activity are:
        1.  Plan and budget for public involvement
           activities
        2.  Identify the interested and affected public
        3.  Consider providing technical or financial
           assistance to the public to facilitate involvement
        4.  Provide information and outreach to the public
        5.  Conduct public consultation and involvement
           activities
        6.  Review and use input and provide feedback to
           the public
        7.  Evaluate public involvement activities


10. Will EPA implement this  Policy among
    all programs and regions? How?
        Yes,  all EPA programs and regions will implement
        this Policy. The "Framework for Implementing
        EPA's Public Involvement Policy" outlines how.  It
        focuses on developing tools to improve information
        sharing, training and evaluation. The tools will be
        tested within EPA and then shared with regulatory
        partners and communities.

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11. Are states and tribes expected to implement
the Policy with their delegated programs?
        No. The Policy is not binding upon states, tribes and
        local governments that implement federally delegated,
        authorized or approved programs.

12. Will the new Policy result in time delays
    for permitting and policy decisions?
        Not overall.  In some instances, a compelling need for
        immediate action may make it appropriate to limit
        public involvement. However, issues that are not
        resolved to the satisfaction of the concerned public
        may ultimately face time-consuming review.   If the
        objectives of EPA's public involvement activities are
        achieved, delays due to litigation or other adversarial
        activities may be reduced.

13. Must EPA obtain consensus from all
    parties before  it can make decisions?
        No. The Policy encourages EPA staff to seek common
        ground and reconcile differences where possible when
        making decisions that fulfill the Agency's mission to
        protect human health and the environment.  However,
        where this is not possible, EPA will solicit and consider
        all viewpoints, and then make the necessary decisions
        according to the Agency's commitments and
        mandates.
14.1  never knew about the 1981 Policy.
    What happened?
        EPA issued the 1981 Policy on January 19,1981 after
        a year of consultation.  Planned outreach and training
        never occurred. Without a central Policy, individual
        program offices and regions developed their own
        public participation practices, and knowledge of the
        1981 Policy diminished over the years.

15. Why is EPA changing the 1981 Policy and
    what are the major differences between
    the 1981  Policy and  the  new version?
        An EPA Workgroup examined the 1981 Policy and
        found it to be basically sound, needing only to be
        updated. Public comments supported this conclusion.

        The new Policy parallels the old Policy, except that it
        addresses many changes that have occurred since
        1981. These include: EPA's additional responsibilities
        under new statutes, regulations and Executive Orders;
        new and
             expanded public participation techniques; new options
             for public involvement through the Internet; EPA's
             emphasis on achieving compliance through partner-
             ships, technical assistance, and public access to
             information; increased capacity of states, tribes and local
             governments to carry out delegated programs; new
             government-wide administrative procedures and public
             involvement requirements, and the need for evaluation.

             In addition, certain parts of the 1981 Policy which were
             never implemented are not included in the revised
             version. These include a requirement that EPA
             programs create public participation plans, and a
             provision for withholding grant funds from grantees
             whose public involvement activities are not sufficient.

      16. Why should I care about EPA's Public
         Involvement Policy?
             Although most Americans may never seek to become
             involved in the Agency's decisions, many will want to
             know that the opportunity exists and that their concerns
             would be considered.  For people who do want to
             contribute to the Agency's decisions, whether out of
             interest for their own or their family's health, their
             community, or on behalf of members of an organization,
             economic or public interests, the Policy will facilitate their
             efforts. Full implementation of the Policy will build public
             trust since EPA staff will be open to all points of view and
             extend every effort to solicit input from those who will be
             affected by our decisions.  However, the public will also
             be assured that special interests will not be given
             privileged status, nor will EPA accept any recommenda-
             tion or proposal without careful, critical examination.

      17. How can  I get a copy of the Final Policy?
             The Policy is posted on the EPA's web page at:
             www.epa.gov/publicinvolvement/policy2003.pdf.   You
             can also obtain a printed copy by calling 202-566-2216.

      18. What did EPA do with public comments
          on the draft Policy?
             All comments were collected and carefully reviewed.
             They were considered while staff analyzed options for
             revising the draft Policy. The Response to Comments
             document (posted at http://ww.epa.gov/
             publicinvolvement/responsetocomments.pdf) displays
             how the agency dealt with the comments, and created
             the new Public Involvement Policy. After additional
             internal review, EPA released its  Policy.
              United States
              Environmental Protection
              Agency
Office of Policy
Economics and
Innovation (1807)
EPA-233-F-03-002
June 2003
www.epa.gov/publicinvolvement

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