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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