Public Involvement in RCRA
Permitting and Corrective Action
DRAFT
Fi/i/ftL
April 20, 1992
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CONTENTS
CHAPTER 1: INTRODUCTION 1-1
THE BIG PICTURE 1-1
OVERVIEW OF RCRA AND ITS 1984 AMENDMENTS (HSWA) 1-2
THE RCRA CORRECTIVE ACTION PROGRAM 1-2
PUBLIC INVOLVEMENT IN RCRA ACTIVITIES 1-3
CHAPTER 2: BASICS OF PUBLIC INVOLVEMENT 2-1
WHAT IS PUBLIC INVOLVEMENT? 2-1
WHAT MAKES A GOOD PUBLIC INVOLVEMENT PROGRAM? 2-1
WHY BOTHER WITH PUBLIC INVOLVEMENT? 2-2
BUILDING A USEFUL PROGRAM 2-2
MAKING PUBLIC INVOLVEMENT BENEFICIAL FOR THE PUBLIC AND
EASY TO DELIVER 2-2
STEP ONE: HOW TO ASSESS YOUR RCRA FACILITIES FOR PUBLIC
INVOLVEMENT PURPOSES 2-3
STEP TWO: HOW TO PLAN A PUBLIC INVOLVEMENT PROGRAM 2-8
STEP THREE: HOW TO IMPLEMENT A PUBLIC INVOLVEMENT
PROGRAM 2-13
CHAPTER 3: PUBLIC INVOLVEMENT DURING THE RCRA
PERMITTING PROCESS 3-1
INTRODUCTION 3-1
PUBLIC INVOLVEMENT DURING THE PERMIT DECISION PROCESS 3-1
PUBLIC INVOLVEMENT WHEN PERMITS ARE MODIFIED 3-6
PUBLIC INVOLVEMENT IN CLOSURE/POST-CLOSURE 3-10
EXAMPLE: THE BLANK COMMUNITY 3-11
CHAPTER 4: PUBLIC INVOLVEMENT FOR RCRA CORRECTIVE ACTIONS
UNDER PERMITS AND §3008(h) ORDERS 4-1
INTRODUCTION 4-1
PUBLIC INVOLVEMENT DURING CORRECTIVE ACTION IN
PERMITTING 4-1
PUBLIC INVOLVEMENT ACTIVITIES UNDER §3008(h) ORDERS 4-8
CHAPTER 5: PUBLIC INVOLVEMENT ACTIVITIES: HOW TO DO THEM 5-1
PLANNING ACTIVITIES 5-1
REQUIRED ACTIVITIES 5-1
ADDITIONAL ACTIVITIES FOR ONE-WAY INFORMATION
DISSEMINATION 5-2
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CHAPTER 5 (CONT.)
ADDITIONAL ACTIVITIES FOR TWO-WAY COMMUNICATION 5-3
COMMUNITY INTERVIEWS 5-5
PLANNING ACTrVTHES
CHECKLIST 5-9
COMMUNITY EVALUATION AND NEEDS ASSESSMENT 5-11
CHECKLIST 5-15
PUBLIC INVOLVEMENT PLAN 5-17
CHECKLIST 5-19
REVISION OF PUBLIC INVOLVEMENT PLAN 5-21
CHECKLIST 5-23
REQUIRED ACTIVITIES
MAILING AND DISTRIBUTION LISTS 5-25
CHECKLIST 5-29
PUBLIC NOTICE 5-31
CHECKLIST 5-35
FACT SHEETS/STATEMENTS OF BASIS 5-37
CHECKLIST 5-41
PUBLIC COMMENT PERIOD 5-43
CHECKLIST 5-45
PUBLIC HEARINGS 5-47
CHECKLIST 5-49
NOTICE OF DECISION 5-53
CHECKLIST 5-55
RESPONSE TO COMMENTS 5-57
CHECKLIST 5-59
ADDITIONAL ACTIVITIES FOR ONE-WAY INFORMATION DISSEMINATION
INTRODUCTORY NOTICE 5-61
CHECKLIST 5-63
INFORMATION REPOSITORY 5-65
CHECKLIST 5-69
EXHIBITS 5-71
CHECKLIST 5-73
NEWS RELEASES 5-75
CHECKLIST 5-79
TRANSLATIONS 5-81
CHECKLIST 5-83
USING EXISTING GROUPS/PUBLICATIONS 5-85
CHECKLIST 5-87
COMMUNITY INTERVIEWS 5-89
CHECKLIST FOR COMMUNITY INTERVIEWS 5-90
ADDITIONAL ACTIVITIES FOR TWO-WAY COMMUNICATION
CONTACT PERSON 5-91
CHECKLIST 5-93
TELEPHONE CONTACTS 5-95
CHECKLIST 5-99
DOOR-TO-DOOR CANVASSING 5-101
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CHAPTER 5 (CONT.)
CHECKLIST 5-105
NEWS CONFERENCES 5-107
CHECKLIST 5-109
INTERPRETER 5-111
CHECKLIST 5-112
FACILITY TOURS 5-113
CHECKLIST 5-115
TELEPHONE HOTLINE 5-117
CHECKLIST 5-119
OBSERVATION DECK 5-121
CHECKLIST 5-123
ON-SCENE INFORMATION OFFICE 5-125
CHECKLIST 5-127
MEETINGS
INFORMAL MEETINGS 5-129
CHECKLIST 5-133
AVAILABILITY SESSIONS/OPEN HOUSES 5-135
CHECKLIST 5-137
WORKSHOPS 5-139
CHECKLIST 5-141
BRIEFINGS 5-145
CHECKLIST 5-147
PRESENTATIONS 5-149
CHECKLIST 5-151
APPENDIX 1: WHEN THE FACILITY HAS A ROLE IN THE
PUBLIC INVOLVEMENT PROGRAM Al-1
INTRODUCTION Al-1
DECIDING WHETHER A FACILITY SHOULD HAVE A ROLE IN THE
AGENCY'S PUBLIC INVOLVEMENT PROGRAM Al-1
HOW TO GET THE FACILITY TO DO THE WORK Al-2
WHEN THE FACILITY HAS A ROLE: APPROPRIATE ACTIVITIES AND
AGENCY OVERSIGHT Al-3
EXAMPLE - WHEN A FACILITY CONDUCTED PUBLIC INVOLVEMENT
AcnvrnES with the agency ai-4
APPENDIX 2: CASE HISTORIES A2-1
W.R. GRACE FACILITY IN NASHUA, NEW HAMPSHIRE A2-1
THE ENSCO HAZARDOUS WASTE MANAGEMENT FACILITY IN
MOBILE, ARIZONA A2-5
APPENDIX 3: PUBLIC INVOLVEMENT RESOURCES A3-1
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EXHIBITS
Exhibit 2-1: Determining the Likely Level of Public Interest in a
RCRA Facility 2-4
Exhibit 2-2: Steps in Evaluating Facilities and Gathering Information 2-7
Exhibit 2-3: Identifying Resources 2-10
Exhibit 3-1: Public Involvement During the RCRA Permit Decision Process 3-2
Exhibit 3-2: Public Involvement Requirements for
Class 1, 2, and 3 Permit Modifications 3-7
Exhibit 4-1: Public Involvement Activities in the RCRA Corrective Action
Process (During RCRA Permitting) 4-2
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PREFACE
This guidance document was developed by the Office of Solid Waste with support from ICF
Incorporated under Contract No. . It is intended to assist the U.S. Environmental
Protection Agency (EPA) regional offices and state agencies in expanding public involvement in
the RCRA process.
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CHAPTER 1: INTRODUCTION
This manual provides the information necessary to carry out a successful public involve-
ment program under RCRA It is intended for use by RCRA technical staff at U.S. EPA
and RCRA-authorized state programs. It may also be useful to staff of RCRA-regulated
facilities to which some public involvement activities are delegated. For simplicity, the
"you" to whom the text is addressed is assumed to be an EPA staff member. The term
"permitting agency" is used to refer to either EPA or a state agency running an EPA-au-
thorized RCRA program.
This manual presents only EPA requirements and policies. If you are using this manual as
a staff member of a state permitting agency or a facility, your responsibilities will vary
according to what EPA has delegated, and you may be subject to additional policies devel-
oped by your agency or facility.
Following this introductory chapter, the manual is organized as follows:
Chapter 2 gives the reader a broad overview of the public involvement process;
Chapter 3 explains how to coordinate public involvement activities with RCRA
permitting;
Chapter 4 discusses public involvement for corrective actions under permits and
orders;
Chapter 5 provides step-by-step instructions for conducting all public involvement
activities identified in Chapters 2, 3, and 4;
Appendix 1 discusses when and how to delegate public involvement tasks to facili-
ties;
Appendix 2 presents case studies of RCRA public involvement efforts; and
Appendix 3 lists the materials available for use in RCRA public involvement.
THE BIG PICTURE
The RCRA program touches and thus involves myriad people and organizations. How-
ever, the roles of those involved vary greatly. Congress writes or amends the Act which,
when signed by the President, becomes law. After the Office of Solid Waste and Emer-
gency Response (OSV ER) at EPA develops the regulations that more specifically define
and explain how the law will be implemented, the RCRA program is implemented by both
EPA headquarters (OSWER) and regional EPA staff. The states may, in turn, apply to
EPA for the authority to run all or part of the RCRA program. In doing so, a state may
adopt the federal program outright or develop its own program, as long as it is as least as
stringent and as broad in scope as the national program. The regulated community is
involved with the RCRA program because it must comply with the law and its regulations.
Finally, the general public participates by providing input and comments at almost every
stage of the program's development and implementation.
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OVERVIEW OF RCRA AND ITS 1984 AMENDMENTS (HSWA)
The Resource Conservation and Recovery Act, an amendment to the Solid Waste
Disposal Act, was passed in 1976 to address a problem of enormous magnitude how to
safely manage and dispose of the huge volumes of municipal and industrial solid waste
generated nationwide. The goals set by RCRA were:
To protect human health and the environment;
To reduce waste and conserve energy and natural resources; and
To reduce or eliminate the generation of hazardous waste as expeditiously as
possible.
The program outlined under Subtitle C of the Act is the one most people think about
when RCRA is mentioned. Subtitle C establishes a program to manage hazardous wastes
from cradle to grave. The objective of the Subtitle C program is to assure that hazardous
waste is handled in a manner that protects human health and the environment. To this
end, there are Subtitle C regulations regarding the generation; transportation; and treat-
ment, storage, and disposal of hazardous waste.
The Subtitle C program has resulted in perhaps the most comprehensive set of regulations
EPA has ever developed. These first identify those solid wastes that are "hazardous" and
then establish various administrative requirements for the three categories of hazardous
waste handlers: generators; transporters; and owners or operators of treatment, storage,
and disposal facilities (TSDFs). In addition, the Subtitle C regulations set technical stan-
dards for the design and safe operation of TSDFs. These standards are designed to mini-
mize the release of hazardous waste into the environment. Furthermore, the regulations
for TSDFs serve as the basis for developing and issuing the permits to each facility. Issu-
ing permits is essential to making the Subtitle C regulatory program work, since it is
through the permitting process that EPA or a State actually applies the technical stan-
dards to facilities.
THE RCRA CORRECTIVE ACTION PROGRAM
The 1984 Hazardous and Solid Waste Amendments (HSWA) to RCRA added three pro-
visions for corrective action, thus substantially expanding EPA's authority to initiate cor-
rective action at both permitted RCRA facilities and facilities operating under interim
status. Section 3004(u) of HSWA requires that any permit issued under §3005(c) of
RCRA to a TSDF after November 8, 1984, address corrective action for releases of haz-
ardous wastes or hazardous constituents from any solid waste management unit (SWMU)
at the fa:ility. If all corrective action activities cannot be completed prior to permit issu-
ance, the permit must include a schedule of compliance establishing deadlines as well as
assurances of financial responsibility for completing the required corrective actions. Sec-
tion 3004(v) authorizes EPA to require corrective action beyond the facility boundary, if
necessary. Finally, §3008(h) authorizes EPA to issue administrative orders or bring court
action to require corrective action or other measures, as appropriate, when there is or has
been a release of hazardous waste or hazardous constituents from a RCRA facility operat-
ing under interim status.
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Under these authorities, owners and operators of RCRA facilities are required to clean up
contamination resulting from present and past practices, including those practices of previ-
ous owners of the facility. The corrective action is carried out by the facility owner or
operator under the specific requirements or conditions stated in the administrative order
or RCRA permit. In some cases, the owner or operator is required to begin corrective
actions prior to permit issuance and, if a permit is issued, continue these actions under the
permit conditions.
PUBLIC INVOLVEMENT IN RCRA ACTIVITIES
EPA requires public involvement in RCRA, just as it does for other environmental pro-
grams. The goal of public involvement in the RCRA program is to give interested citizens
and affected parties the opportunity to participate in EPA's decisionmaking process with
respect to hazardous waste management activities. Review of permit applications, issuance
of permits and administrative orders, permit modifications, implementation of corrective
action programs, approval of closure plans, and certification of closures are all activities
that require public involvement under the Act. Part of your responsibility in implementing
any of these activities is to provide for public involvement that allows those who are inter-
ested in or affected by a decision to have the opportunity to affect that decision.
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CHAPTER 2: BASICS OF PUBLIC INVOLVEMENT
WHAT IS PUBLIC INVOLVEMENT?
Public involvement allows community members that are affected by or interested in a
project to have a meaningful dialogue with the regulatory agency considering the project
and/or the facility developing the project. Public involvement assures that there is a two-
way communication between the public and the permitting agency (you). Public concerns
are then taken into account when deciding on the final project. For RCRA public in-
volvement, the project may be action related to a permit, corrective action, or closure.
Public involvement is a two-way process. If you send out a fact sheet about an upcoming
permit action, that fact sheet does not constitute public involvement in and of itself.
What's missing is the "feedback" loop -- a way for you to hear from those who read the
fact sheet and address their concerns. To provide for feedback, you might name a permit-
ting agency contact person in the fact sheet and encourage telephone or written com-
ments, or visit a neighborhood group, or hold a meeting or workshop to discuss material in
the fact sheet. A feedback loop enables you to monitor public interest and concern and
to adjust public involvement activities and techniques to respond quickly and effectively to
changing needs.
Even if a feedback loop operates successfully, public involvement cannot be successful if
the permitting agency is not willing and able to make changes to a proposed activity or
permit action based on public comment. This does not mean that the permitting agency
must make every change recommended by the public, but it must show that it has consid-
ered public comment in its decisionmaking process. Where changes are made, the public
should be informed of that fact. Where it does not make suggested changes, the permit-
ting agency must explain the technical, legal, or policy basis for not acceding to community
concerns.
WHAT MAKES A GOOD PUBLIC INVOLVEMENT PROGRAM?
The goal of a public involvement program is to allow members of the community to have
an active voice in the RCRA decision-making process. Members of the community and
the agency (or facility) should be able to talk with one another openly and frankly about
RCRA-related issues, and to search for mutually agreeable solutions to differences.
A good program anticipates the needs of community members to avoid misunderstandings.
It should create a situation in which you are not always scrambling to fix problems, but are
addressing issues before they become problems. The program is effective because it is
composet. of activities and information materials that meet the needs and communication
practices of specific community members and subgroups to whom it is directed.
Discovering those needs and designing an effective program takes planning. A good
program is based on a solid planning effort and faithful follow through on information
gained in the planning effort.
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WHY BOTHER WITH PUBLIC INVOLVEMENT?
There are at least three reasons to do RCRA public involvement: it is required by the Act
and regulations; it works; and, it you don't do it, your project may falter. Experience has
shown that RCRA actions and decisions often benefit from public involvement. The deci-
sions may gain breadth not provided by technical staff alone.
RCRA actions are more likely to be accepted and supported by community members who
can see that they have had an active role in shaping the decision. Legitimizing community
issues by acknowledging community members' right to be concerned is the first step in
community participation. Showing community members that you are willing to address
their concerns will set the project up for a community "buy-in" to the process, even if
members of the public don't always agree with the outcome of that process. Conversely, a
good technical decision that has not involved community members in a give-and-take pro-
cess may be rejected.
BUILDING A USEFUL PROGRAM
Using your public involvement time effectively means giving the highest degree of satisfac-
tion to members of the community with the least amount of effort. Remember, if the
public involvement activities you undertake at a site don't meet the public's needs, you are
wasting both your time and theirs, and creating a lot of frustration that could be avoided
through planning early in the RCRA process.
How do you build a useful public involvement program? How do you know what will
work at a particular RCRA facility? This chapter of the manual gives you a general look
at the components of a successful program, and will outline how to use your limited time
to the greatest advantage. The chapters that follow will explain in detail where your pub-
lic involvement activities fit into your technical schedule.
MAKING PUBLIC INVOLVEMENT BENEFICIAL FOR THE PUBLIC AND EASY TO
DELIVER
Careful planning for public involvement will yield the same result as careful planning for
technical activities an effective, efficient program. Don't wait until there is a pressing
need for public interaction before you start planning and conducting your program. If you
start from a solid, well-planned foundation, you will save your valuable time, and money in
the long run.
Start early. The time you use to set up your public involvement program is the most
important lime you can spend. You might not be feeling any external pressure to start
public involvement work at the outset of your project, because members of the public may
not be aware of what is happening yet and may not be asking questions. This is the per-
fect time for you to do your public involvement planning. By putting in some hours at
the beginning of your RCRA project (whether it is a permit or an administrative order),
you can save yourself a tremendous amount of time and anxiety later on.
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There are three basic steps to conducting public involvement work at a RCRA facility:
Step One: Assess your different RCRA facilities so that you can give the most time
to public involvement where it is most needed.
Step Two: Plan your program activities carefully to meet the specific needs of
members of particular communities and subgroups around each facility.
Step Three: Implement your public involvement program arid adjust it as necessary
during the RCRA process.
STEP ONE: HOW TO ASSESS YOUR RCRA FACILITIES FOR PUBLIC
INVOLVEMENT PURPOSES
Not all RCRA facilities will require the same degree of public involvement attention.
Some RCRA actions may not generate much interest or concern among community mem-
bers and the minimum activities required by regulation will be sufficient to address the
community members' needs. Other RCRA activities may evoke strong community interest
and will require a much greater public involvement effort.
There are several criteria by which you can judge the current and potential levels of com-
munity interest in a facility, and hence the amount of attention you will have to devote to
public involvement:
The type of RCRA action and its implications for public health and welfare;
Current relationships among members of the community, the facility, and the
agency or agencies involved;
The larger context in which your RCRA action is taking place, including the
political situation, economics, and important community issues.
There are no hard and fast rules that make a facility a low- or high- profile site. You will
have to take the characteristics of each community into account when deciding what level
of attention you need to give each facility. Keep in mind, though, that the level of inter-
est regarding the facility may change over time. A facility in which interest is low can
become a high-profile site overnight if the situation at the facility changes (e.g., there is an
accident), or members of the community become frustrated because their need for infor-
mation and participation isn't being met.
This chapter will guide you through collecting the information you need to assess the
current situation at a RCRA facility and the potential for change in tha' situation. You
can use Exhibit 2-1 as a guide to determining whether a facility is likely to be of low, mod-
erate, or high interest to the community. The.table examines the type of RCRA action to
take place, the community member relationships with facility/permitting agency, and the
larger socioeconomic and political context in the community.
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Exhibit 2-1: Determining the Likely Level of Public Interest in a RCRA Facility
Low Level of Public Interest in a Facility
Type of RCRA Action:
The RCRA issue is not controversial and does not involve incineration or land disposal
No hazardous wastes and/or hazardous constituents/substances are involved
There is no contamination at the facility that could come into direct contact with the public
Community Member Relationships with Facility/Permitting Agency:
A relatively small number of people live near the site
There is a history of good relations between the facility and members of the community
Members of the community have expressed confidence in the regulatory agency
Larger Context:
The facility receives very little media attention and is not a political issue
Community members have not shown any past interest in hazardous waste issues
Moderate Level of Public Interest in a Facility
Type of RCRA Action:
The RCRA action may involve activities such as §3008(a) compliance orders pertaining to the man-
agement of hazardous waste or §3008(h) corrective action activities
Highly toxic and/or carcinogenic wastes may be involved (e.g., PCBs, dioxins, Superfund wastes)
Community Member Relationships with Facility/Permitting Agency:
A relatively large number of people live near the site
There is a history of mediocre relations between the facility and members of the community
The facility is important to the community economically, and the action may affect facility operations
Members of the community have had little or poor contact with ihe regulatory agency
Local elected officials have expressed concern about the facility
Larger Context:
Community members have shown concern about hazardous waste issues in the past
The facility receives some media attention and has organized environmental groups
There are other RCRA or CERCLA sites in the area that have raised interest or concern
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Exhibit 2-1 (cont.)
High Level of Public Interest in a Facility
Type of RCRA Action:
The RCRA action includes incineration or land disposal or is controversial for other reasons
(e.g., media attention)
Highly toxic and/or highly carcinogenic wastes are involved (e.g., PCBs, dioxins, Superfund
wastes)
There is a potential likelihood of release of hazardous substances or constituents which poses
potential harm to the community and the environment
There is direct or potential community contact with contamination from thei'acility (e.g., con-
taminated drinking water wells or recreation lake)
Community Member Relationships with the Facility/Permitting Agency:
The nearest residential population is within a one mile radius
A relatively large number of people live near the site
There is a history of poor relations between the facility and the community
Community members have little confidence in the regulatory agency (e.g., the facility has
violated regulations in the past)
There is organized community opposition to the facility's hazardous waste management prac-
tices or to the action
Outside groups such as environmental organizations, or federal elected officials have ex-
pressed concern about the facility or action
The economy of the area is tied to the facility's operations
Larger Context:
Community members have shown concern about hazardous waste issues in the past
Facility activities are an issue covered widely in the media
There is interest in the facility as a political issue, at the local, state, or federal level (e.g.,
statewide and/or national environmental groups are interested in the regulatory action)
There are other issues of importance to members of the community that could affect the-
RCRA action (e.g^ a concern over a cancer cluster in an area where you are trying to permit
an incinerator)
There are other RCRA or CERCLA facilities nearby that have been controversial
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Gathering Data for Your Assessment
You will need to spend some time at the outset of your project gathering background
information about the community. Step-by-step instructions tor information-gathering
activities can be found in Chapter 5 of this manual.
You can gather information using a combination of methods:
Reviewing agency files on the facility, including newsciippings;
Talking to colleagues who have had experience working with members of the
community; and
Conducting community interview (by telephone or in person) with a broad
range of community members such as special interest groups, people who live
nearest the site, and anyone else who may be affected by or has expressed some
interest in the facility.
At a minimum, you should review agency files to get an initial impression of community
interests and concerns, and then confirm that impression by talking with any of your col-
leagues who have worked with members of this community (on this or other projects).
You may also want to contact community leaders to talk about the facility and the
planned RCRA action. Hie reports can never be as accurate as conversations with com-
munity members themselves. Newspaper clippings can give you part of the story, but
probably won't give you both sides of the story. Note, however, that you should use dis-
cretion in contacting community leaders, and you may want to check with your supervisor
first (A detailed discussion of how to conduct community interviews is provided in Chap-
ter 5.) At this point, you may have a good idea of the level of attention the facility re-
quires. If you decide that there is a low level of interest in the site, and things aren't
likely to change, you can begin to plan your required public involvement activities.
If, however, you believe that the facility shows indications of being a moderate to high
interest level site, you will need to do a more detailed analysis of the community. You
should begin by conducting interviews with at least one representative of each of your
major community groups (e.g., facility neighbors, elected officials, etc.). If there are indi-
cations of high interest from the outset (e.g., you are permitting an incinerator in a
densely populated area), you should conduct a full set of community assessment inter-
views with as many individuals as possible, including all of the facility's immediate neigh-
bors. representatives from agencies that will deal with the RCRA action, environmental
organizations and any individuals who have expressed interest in the facility.
After you have collected the necessary information, write a brief summary of major com-
munity concerns and issues (no more than five pages). The summary can be integrated
into your public involvement plan document (see Chapter 5).
Exhibit 2-2 on the following page summarizes the steps you should take in ranking your
facilities and gathering background information.
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Exhibit 2-2: Steps in Evaluating Facilities and Gathering Information
Checklist
Step 1. Review the RCRA action.
Is it:
Likely to be a controversial action (e.g., permitting an incinerator)
Unlikely to be a controversial action
Step 2. Talk to colleagues who have worked in this community about their interac-
tions with members of the public.
Has there been a large degree of public interest or concern about other
projects?
Have members of the public shown confidence in the permitting agency?
Step 3. Review agency files on the facility.
Are there:
Lots of inquiries from members of the public
Major concern(s)
Any organized groups?
_____ Few inquiries from members of the public
Dippings from newspapers or other media coverage
Step 4. Formulate your preliminary impression of the community based on the
above information.
Step 5. Talk with several key community leaders to confirm your impression.
People to interview:
1.
1
3.
Step 6. Determine the anticipated level of community interest based on the above
information.
Low (go to Step 7)
Moderate (next step: conduct additional community interviews with
one member of each community subgroup)
High (next step: conduct a full set of community assessment inter-
views)
Step 7. Write a brief summary of any major community concerns/issues.
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STEP TWO: HOW TO PLAN A PUBLIC INVOLVEMENT PROGRAM
Rely on the background information that you have gathered in community assessment
interviews and documented in your summary of major community issues and concerns to
form the basis for your public involvement program.
Identify Activities to Use in Your Program
The goal of your public participation activities is to meet the specific needs of members of
the community by creating a structure for information flow both to and from the public.
To identify activities for your program, go through the following steps:
List the major community issues and concerns individually;
List the characteristics of the community that will have a bearing on how you
address these issues; and
List activities that you will plan and implement to address community concerns.
Identify Your Public Involvement Resources and Plan Accordingly
Once you have outlined your public involvement activities for the facility, put together a
strategy for how they will be implemented. You need to be aware of the personnel and
informational resources available to you and know how to use them. Expanded public
involvement programs will demand greater resources and require more creativity in using
limited resources. Exhibit 2-3 identifies people who can help you with your program.
In general, these are the areas of responsibility for public involvement you need to
consider
Interacting with the medio, especially on high-profile sites. If there is a high
degree of interest in your RCRA site, it will be important to have a media contact
person who can get information out quickly, accurately, and consistently. Someone
in the public affairs office may be able to take on media contact responsibilities.
Their assistance is often required.
Interacting with elected officials. On sites with a moderate to high level of inter-
est, it is also important to work with elected officials to provide them with informa-
tion they need to answer their constituents' questions and prevent the facility from
becoming a political issue unnecessarily. You may need to put together a team of
people who can till the information ne ds of public officials, including yourself and
a senior-level manager who can answer policy questions when necessary.
Interacting with the general public by answering telephone and written inquiries.
It is important to follow up on all requests for information that you receive from
members of the public. Designate one person to be responsible for putting
together the answers to questions in a form that is understandable to the public.
This "contact person" should be named in all fact sheets and public notices.
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Coordinating public involvement with agency staff, both within your agency and
among agencies. It is crucial that all the people who are working on public involve-
ment be aware of what activities are being planned for the facility and any other
facilities in the area, so that activities don't conflict with each other.
Maintaining the mailing list and information repositories. A mailing list is
required under RCRA and should be updated to include new people or organiza-
tions who have expressed an interest in the facility. If public information reposi-
tories are established for the facility, they should be updated at least quarterly.
Handling logistics for public meetings. Meeting set-up and coordination is critical
to the success of your public meetings. Support staff can help with meeting plan-
ning, but the public involvement coordinator needs to supervise the arrangements.
Handling prodiiction/distribution/placement of information, including fact sheets,
public notices, news releases, meeting handouts and overheads, etc. The majority
of your public involvement time will be spent developing and producing information
for members of the public. There are resources listed in Appendix 3 that can make
fact sheet and information production much easier for you.
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Exhibit 2-3: Identifying Resources
Assess who within your agency or elsewhere could provide you with support on public
involvement activities. There may be:
A public involvement specialist who can coordinate RCRA activities.
Community relations coordinators who work on CERCLA in your office who
have sites in the same community and could take care of some of your activities,
or at least provide you with valuable advice.
Community relations contractors who work for your agency who can free you up
by conducting some ol" the more time-consuming activities, such as community
interviews or logistics for public meetings.
Graphic designers, typesetters, public affairs personnel, management personnel,
and support staff you can help you with your program.
Public Involvement Coordinator/Office ot' Public Affairs - Most Regions assign one
person as the public involvement coordinator (PIC). The PIC serves as a liaison
between community members and permit writers, enforcement personnel (both EPA
and State), facility owners/operators, and other appropriate individuals or groups in
implementing public involvement activities. The PIC oversees the implementation of
an overall public involvement program. In the event of a permit appeal, the PIC can
also act as a liaison between the Office of Solid Waste and the Administrator's office.
He or she may handle logistics for public meetings, develop and maintain mailing lists,
and review and/or help prepare news releases, fact sheets, and informational materials.
Other EPA Staff - Other members of the EPA Regional technical, legal, project offi-
cer, or permit writer staffs are also valuable resources for you. It is essential that you
work with these staffs so that efforts are coordinated. They can provide technical
assessments of the facility for release to the public or provide information relative to
permitting issues and aspects of enforcement, compliance, and corrective action activi-
ties developed for the facility so that you can respond better to public concerns.
The State - For the states that are authorized to implement RCRA regulations, most
of the public involvement responsibilities listed for EPA staff will eventually be as-
sumed by state personnel. Regardless of their authorization status though, states are
expected to play an active role in the development and implementation of public in-
volvement programs. For example, stale agencies can serve a supportive role by pro-
viding EPA with information such as names for inclusion on a mailing list, background
information on a facility's history, and community attitudes toward the facility.
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Exhibit 2-3 (cont.)
The Facility - Even though it is essential to clarify that oversight of the permitting and
corrective action processes is the sole responsibility of EPA or an authorized state
agency, facility owners and operators also may be a resource available to you in imple-
menting your public involvement strategy. Public education activities may be initiated
by owner/operators and should actually be encouraged, particularly when resources are
limited. See Appendix 1 for more information about the role facilities can play.
If There's No One Who Can Helo - You may be the only person available to conduct
public involvement activities, in which case you need to estimate your level of effort
carefully so that you can choose the activities that will give you and members of the
public the most benefit. You need to consider your schedule as well, and plan activi-
ties so that they complement your technical schedule and leave you time to conduct
appropriate public involvement.
Information Resources - Each Regional office should have informational materials
available to help you plan your public involvement strategy and assist you in assessing
a community's needs and responding to them. PICs should be able to guide you to
specific manuals, guidance documents, and memoranda that elaborate on regulations
and principles of community relations and give helpful tips on implementing successful
programs. For example, the three-volume RCRA Public Involvement Reference Cata-
log (September 1990) is a repository of materials from which readers can gather ideas
and information concerning the RCRA program and RCRA public involvement. You
may also want to research public involvement materials for other EPA programs, such
as Superfund, to gather ideas that may be useful in dealing with your unique communi-
ty situation at a RCRA facility.
Training - Training is generally available for staff in a variety of areas, including public
involvement, community relations, risk communication, and community outreach. If
training specific to the RCRA program is not available, you can easily adapt communi-
ty relations activities used in other programs to your RCRA situation. The techniques
and methods used for RCRA public involvement programs ~ such as public meetings,
fact sheets, and information repositories ~ are also used in other programs.
There also are ready-made resources available for you to use in your public involve-
ment program. EPA has developed fact sheet templates for RCRA actions, standard-
ized posterboards, and other information materials to save you time in developing
public involvement information. A full list of available materials is provided in Appen-
dix 3.
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Set a Schedule that Corresponds to Community Needs and your Technical Schedule
In general, the timing of public participation activities should correspond to the comple-
tion of major steps in the technical process (e.g., issuing a fact sheet about results of an
RFI or holding a public meeting after you have issued a draft permit). These are the
times when members of the public may have new questions or concerns about the pro-
posed action or the facility in light of new information that has been released. A step-by-
step discussion of how to time public involvement activities during permitting and correc-
tive action is provided in Chapter 4.
Put Together a Written Plan for the Public Involvement Program that Describes the
Activities you Will Implement
Having a plan down on paper can help you organize and assign public involvement tasks
and legitimize the time you spend on the public involvement process with your managers.
One reason for putting together a written plan is to make sure that you provide for all the
required RCRA public involvement activities. In addition, you can outline other activities
if more than the minimum is necessary at a particular facility. At a minimum, a plan
should include a list of the specific public involvement activities for the facility and a
schedule for when they will be conducted.
A written plan can vary from an internal document of a few pages in length to a formal
Public Involvement Plan that is available to members of the community. Once again, the
level of detail will depend on the nature of your facility. For any facilities that are high
profile or have the potential to become high profile sites, you should prepare a full Public
Involvement Plan. For other facilities, a less detailed plan may be adequate.
The Plan should provide all the specific information necessary to carry out the public
involvement program. It can be distributed outside the agency to members of the public
(e.g., by placing a copy in the public library), so that community members can see how the
public participation process has been formalized. You also can use the Plan to familiarize
new project members with the community.
Your Public Involvement Plan document should include the following sections.
Executive Summary
Introduction/Overview
Facility History
The RCRA Action
Results of Community Interviews
Public Involvement Program Activities and Schedule
Appendices
List of Key Contacts
Information on Meeting Locations and Possible Information Repository Locations
Chapter 5 discusses in detail how to put together a public involvement plan.
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STEP THREE: HOW TO IMPLEMENT A PUBLIC INVOLVEMENT PROGRAM
The discussion below will provide you with some general tips for making your public
involvement program a success.
Establish an Open Relationship with Members of the Community
Your Attitude
Throughout the RCRA process, your attitude plays an important role in the success or
failure of your public involvement program. If you start with a positive attitude toward
members of the public and the public involvement process, you will set up yourself and
the public for a more pleasant experience.
How do vou begin to establish an open relationship with community members?
Acknowledge the important role of the community in the RCRA process.
Community members around a RCRA facility have a vested interest in what happens at
the facility. That facility has the. potential to affect their health, their jobs, and their
homes. By working with community members, you can make improvements to the RCRA
action that will make the facility easier for them to live with.
Treat community members with respect, just as you treat your colleagues. Acknowledge
community concerns, even when you believe they are unfounded. Remember that you are
a RCRA expert, whereas most of the community will be unfamiliar with the regulatory
and technical processes and the jargon that you take for granted. Some of their concerns
may be based on a misinterpretation of facts; it is your job to find the root of the concern
and provide community members with the information that is relevant for them.
Try to put yourself in their place when they disagree with your opinion, and see the situa-
tion from their point of view. Remember that a community member's anger isn't directed
at you personally. Do not adopt an adversarial tone in your interactions. Community
members may interpret an adversarial attitude as a sign that you are not being honest with
them or aren't telling them everything. Keep channels of communication open so that
community members can have an active voice in the process.
Make yourself available.
Make an early effort to establish regular contacts with key community leaders, such as the
mayor or city council members, the heads of civic organizations or community groups, or
someone else whose opinion is respected by the rest of the community or who has a par-
ticular interest in the facility.
Give community members your address and telephone number so they can contact you if
they have questions. Include this information on the fact sheets or other mailings you
send out to the community.
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Answer questions directly and in simple 4anguage.
Provide community members with answers to their questions that are to the point and
easy to understand. You deal with RCRA every day. Acronyms and chemical formulas
are part of your normal vocabulary. For most community members, however, technical
terms and agency jargon can be intimidating. And if things aren't explained clearly, they
can be alarming. Talk in plain terms, even if it takes a little more time to expiain. Don't
assume they understand youmake sure to check with them by asking.
Don't tell community members only what you think they want to hear. Even if your
information is not "good news" for the community, they will appreciate your honest an-
swers to their questions and will come to trust your information.
If you don't know something, don't be afraid to say so. Be prepared for the types of ques-
tions you think the public will ask, but don't try to satisfy questions by making up answers.
When necessary, offer to get the answer from the appropriate person and report back.
Begin Implementation Early
The advantages of starting your public involvement work early cannot be overstated. The
earlier the public hears from you about the RCRA activity, the less likelihood there is for
misinformation or mistrust to develop.
Re-Evaiuate and Adjust your Program
As RCRA activity increases at a facility and becomes more visible, public interest in a site
can increase exponentially. It is important to anticipate and plan for sudden changes in
the level of interest in a facility. Periodic communication with key contacts can help you
anticipate change in the community's attitudes or interest. Make sure to keep key con-
tacts informed of planned activities at the site that could be visible to members of the
community, such as construction work or excavation.
In addition, you may want to conduct follow-up community interviews at a key point in the
decision-making process, to help you predict any major shift in public interest or concern.
Evaluate your effectiveness as you go along and pinpoint things that need changing in
your public involvement program. The public involvement process is complex, and how
you measure success may not be entirely clear to you. Does a successful program mean
that all members of the public agree with your position? That you aren't receiving any
complaints about the RCRA action?
Some indicators that your public involvement program is working include:
You aren't receiving the same questions over and over again from the public;
Inquiries are being handled by the appropriate person (or people) in a timely man-
ner;
You aren't spending most of your public involvement time trying to correct prob-
lems between members of the community and the agency or facility;
The channels of communication are well-defined and open;
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CHAPTER 3: PUBLIC INVOLVEMENT DURING THE RCRA
PERMITTING PROCESS
INTRODUCTION
The previous chapter examined the importance of public involvement and the critical
components in building a successful public involvement program. This chapter describes
required and recommended public involvement activities during each phase of the
permitting process. RCRA section 7004(b)(1), and EPA regulations on procedures for
decision-making, which are detailed in 40 CFR Part 124 and 40 CFR 270.41, form the
foundation for mandatory public involvement activities during the permitting process.
This chapter presents current codified requirements in each step of the permitting process.
As we mentioned earlier, however, there will often be situations where you need to go
beyond the required activities. You should discover early in the permitting process the
makeup of the community, the issues that concern it most, and the most appropriate
means of communicating with a broad cross-section of the community. If there is active
community interest and sufficient resources are available, you may want to consider using
the additional public involvement activities described here. You may also want to ask the
permittee to conduct some of the expanded public involvement activities. Using this
approach, which is discussed in Appendix 1, the permittee may create goodwill in the
community, and you will be able to conserve your limited resources.
The remainder of this chapter presents a detailed discussion of public involvement activi-
ties that are required during the permitting process after the permit is issued, and at
closure, as well as optional activities to enhance your program. In addition, please refer to
Chapter 5 for detailed descriptions and instructions on how to conduct each type of public
involvement activity that is mentioned in this chapter.
The optional activities listed here are not meant to be exhaustive, nor are they necessarily
only appropriate in the phases of the process where they are listed. Using this chapter as
your guide, you can be creative in your planning by matching the phase of the process and
the level of community concern with the most suitable and productive activities.
PUBLIC INVOLVEMENT DURING THE PERMIT DECISION PROCESS
The permit decision process can be divided into three key steps:
Step One: Submission and Review of Permit Application
Step Two: Preparation of Draft Permit or Decision to Deny and Public
Comment Ptriod
Step Three: Final Permit Decision
We examine these steps individually and discuss the required and recommended activities
for each one. Exhibit 3-1 provides a flow chart that illustrates the relationship between
the permitting process and public involvement activities.
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Exhibit 3-1
Public Involvement During the RCRA Permit Decision Process
Technical
Process
Required
Public
Involvement
Activities
(Under 40 CFR
Part 124)
Suggested
Public
Involvement
Activities
Introductory Public Notice
Mailing List
Community Assessment
Public Involvement Plan
Introductory Notice
Information Repository
Fact Sheet
Workshop
Informal Meeting
Contact Person
Permit Decision
Draft Permit or
Decision to Deny
Submission and Review of
Permit Application
Public Notice
Fact Sheet or
Statement of Basis
Public Comment
Period (45 days)
Public Hearing
(If Requested)
I
Facility Tours
Observation Deck
News Conference
Informal Meetings
Workshops
Notice of Decision
Response to
Comments
Fact Sheet
News Release
Thata procadutat arm thoaa ioMowad by EPA Whan individual Sialai
an authorized lo auuma Um bad. than ptocaduies may vary.
100000 I
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Step One: Submission and Review of Permit Application
Required Activities
Owners or operators of facilities subject to RCRA permitting requirements must submit a
comprehensive permit application covering all aspects of the design, operation, and main-
tenance of their facility. At the time the owner/operator submits the permit application,
you must assemble a mailing Jist You should provide an introductory public notice to
announce that you are assembling a mailing list so that interested induviduals can be
included on the list. The list serves as an important communication tool to allow the
permitting agency to reach interested members of the public with announcements of
meetings, hearings, events, and available reports and documents. Consult with local
community organizations, neighborhood associations, local and state agencies, the
permittee, and other sources in the community to compile the mailing list.
The RCRA Facility Assessment (RFA)
At the time the permit application is submitted1, the permitting agency typically conducts
a RCRA Facility Assessment (RFA) to identify all of the solid waste management units
and the potential for release of hazardous waste or hazardous constituents at a RCRA
facility. The RFA represents the first stage of the corrective action process and provides
initial information on whether or not corrective action will be a significant issue for the
facility. If the RFA indicates a release of hazardous waste or hazardous constituents, the
proposed Subpart S rule outlines public involvement activities that are required in sub-
sequent phases of the corrective action process. Chapter 4 discusses specific public
involvement activities recommended for corrective action.
Additional Activities
Activities should correspond to the potential level of community interest in the permitting
process. To determine the need for additional activities, you should conduct a community
assessment. If the level of interest is high, you will want to do a more thorough needs
assessment and prepare a formal public involvement plan. You will need to plan tor
public involvement, even if you simply lay out a rudimentary schedule for required
activities. Chapter 2 provides guidance on conducting these assessments.
Other activities that may be warranted at this stage include releasing an introductory
notice, establishing an information repository, and distributing a fact sheet through the
mailing list. All of these activities provide the community with information on the facility
early in the process, which can lead to greater cooperation and understanding later.
You should also note that the permit review process is often lengthy. It may take
anywhere from ten months to five years to issue a permit, depending on the facility type
and level of owner/operator cooperation. If the community appears to need interaction
with the permitting agency and the facility throughout this process, and you have enough
money and staff, you should plan activities during that time to keep citizens informed
about the status of the process.
1 Actual timing can vary
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Holding workshops and conducting informal meetings about the facility and the RCRA
permit process can educate the community and keep it involved in the process. Be sure to
identify a contact person to accept comments and answer questions from the community
during the long submission and review process. This shows your availability and
willingness to talk with the community about its concerns and questions. You can
advertise the contact person's name and phone number through the mailing list.
Getting as much input from the community as possible during these initial phases of the
RCRA permitting process and before a draft permit is issued will be very useful when
writing the draft permit. Your draft permit will be more responsive to the needs and
concerns of the community, and the community will be more likely to accept the permit
conditions if it believes its concerns have been heard.
Refer to Chapter 5 for specific details about the activities listed here.
Step Two: Preparation of a Draft Permit Decision
Required Activities
After receiving and reviewing the complete permit application, the permitting agency
decides to either deny the permit application or write a draft permit for the facility, which
includes technical requirements, possible corrective action schedules of compliance, and
other conditions relevant to the operation of the facility. As discussed earlier in this
section, you should consider the community input you get in the initial stages of the
permitting process when preparing the draft permit so that it is responsive to the
community's needs and concerns. If you prepare a draft permit for a facility, you must
release it to the public for review and give formal public notice that it has been prepared
and is available for the public's review and comment. You must also notify the public if
the agency plans to deny a permit application. Notice in both cases must be published in
a major local newspaper and broadcast over local radio stations. Notice must also be sent
to all persons on the mailing list.
In addition, you must prepare a fact sheet or statement of basis to accompany the draft
permit or the notice of intent to deny the permit. A fact sheet should summarize the
significant factual and legal bases used in preparing the draft permit decision. A statement
of basis is used to explain the reasons for denying the permit.
A 45-day public comment period on the draft permit or permit denial follows publication
of the public notice. The comment period provides the public with an opportunity to
comment, in writing, on conditions contained in the draft permit or on the decision to
deny a permit. If information submitted during the initial comment period appears to
raise substantial new questions concerning the draft permit decision, you must re-open or
ex.cnd the comment period.
Finally, the community has the opportunity to. request a public hearing on the draft per-
mit decision. If the public requests a hearing, a 30-day advance notice to the community
must be given that provides the time and place of the hearing. In addition, you can
schedule a public meeting or hearing even if the community does not request one. (Note
that a hearing is a formal event requiring a hearing officer, court reporter, and written
transcript, while a meeting is less formal with more opportunity for two-way
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communication.) If you feel that it is essential that you personally talk with the
community to clarify issues involving the permit, you should initiate a meeting. In many
circumstances, scheduling a public meeting or hearing before the public requests one saves
valuable time in the permitting process and shows your willingness to meet with the
community and hear its questions and concerns. To streamline your efforts, you can give
public notice of the draft permit, the public comment period, and the public meeting or
hearing at the same time.
Additional Activities
In situations where a community wants more information about potential operations at a
facility and the health and environmental risks of those operations, you may want to work
with the permittee to provide facility tours and observation decks during the public com-
ment period so that the community has a first-hand look at a facility and the operations
and activities happening on-site. (Note that safety and liability issues need to be
considered before a decision is made to include these activities.) You may want to
consider these activities for a new facility or when a facility proposes a new or different
technology. You may also want to think about doing these activities earlier in the
permitting process, such as when the draft permit is being written, so that you can gather
as much feedback from the community as possible before going public with a draft permit.
Refer to Chapter 5 for specific details about the activities listed here.
Step Three: Permit Decision Finalized
Required Activities
After the public comment period closes, the permitting agency reviews and evaluates all
written and oral comments and issues a final permit decision. You must send a Notice of
Decision to each person who submitted written comments on the draft decision or who
requested notification. You must also prepare a written response to comments that
includes a summary of all substantive comments received during the public comment
period and an explanation of how they were addressed in the final permit decision or why
they were rejected. This summary shows the community that you have considered its
concerns when making your decision about the permit. Your response to comments must
be made available through the Administrative Record and the information repository, if
one was established, and must be sent to all those who submitted comments and those
that have requested a copy of your response.
Additional Activities
If there was high interest during the comment period you may want to issue a news
release and fact sheet when the decision is finalized to inform a wide audience.
Refer to Chapter 5 for specific details about the activities listed here.
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PUBLIC INVOLVEMENT WHEN PERMITS ARE MODIFIED
Over time, a facility with an operating permit needs to modify that permit for a variety of
reasons. Just as public involvement is a component of the initial permit process, it is also
part of the permit modification process. This section discusses different kinds of permit
modifications and their corresponding public involvement requirements. (Chapter 4
provides more detailed information on permit modifications specific to corrective action.)
There are many reasons to modify a permit. Often, a facility initiates a permit
modification to improve equipment or make changes in response to new standards. Other
times, the permitting agency initiates the modification to change the permit conditions.
No matter who initiates the modification, when a modification is proposed, only those
permit conditions subject to modification are reopened for public comment.
Public involvement requirements and responsibilities $»ry depending upon whether the
permittee or the permitting agency initiates the modification. Permittee-initiated
modifications are categorized as Class 1, 2, or 3 according to how substantively they
change the original permit. Class 1 modifications require the least public involvement;
Class 3, the most (see Exhibit 3-2).
The permitting agency can also initiate permit modifications. If the permitting agency
initiates a minor modification, no public involvement activities are required. If the
permitting agency initiates a major modification (i.e.. Class 3), the Agency must conduct
the same level of public involvement activities as for draft permits. A major modification
might include modifying a permit because you have received information that activities
authorized by the permit are having more than minimal adverse effect on the environment
or that circumstances relating to the authorized activity have changed since the permit was
issued.
Since permittees initiate modifications more often than the permitting agency, this chapter
lays out the requirements for permittee-initiated modifications. The permitting agency is
also encouraged to use these public involvement activities, even if not required under an
agency-initiated modification.
When the Permittee Initiates a Modification
Permittees initiate modifications more often than the permitting agency. When a
permittee wants to change its permit, it informs the permitting agency and interested
members of the public, either before it makes the change if it's a substantive change
(Class 2 or 3), or soon after, if it's a minor change (Class 1). In any case, this is early
notification for the permitting agency and for the public.
The permittee is responsible for conducting most of the public involvement lor modifica-
tions it initiates, saving the permitting agency time and money. In addition, the permittee
bears the burden of explaining and defending its actions to the public rather than the
permitting agency. To make sure the permittee's public involvement efforts are successful,
you should find out if the owner/operator knows how to conduct the required activities
and provide guidance and assistance if needed. This guidance manual could help serve
that purpose. In addition, Appendix 1 discusses how facilities can assist in conducting
public involvement activities.
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EXHIBIT 3-2 PUBLIC INVOLVEMENT REQUIREMENTS FOR
CLASS 1, 2, AND 3 PERMIT MODIFICATIONS
Class
Class 1
Class 2
Class 3
Type of
changes
Routine and
administrative
changes
Improvements in technology and
management techniques
Major changes to a facility and its
operations
Required
Activities
Within 90 days
of
implementing
a change,
facility must
notify ail
parties on
mailing list.
Day 1: Modification request
received by agency. Newspaper
notice published and mailing list
notified.
Days 15-45: Informal public
meeting.
Day 60: Written public comments
due to agency.
Day 90: Agency response to
modification due.
Day 120: If no response, requested
activity may begin for 180 days.
Day 250: If still no response, public
notified.
Day 300: If no response, activity
permanently authorized.
Process is initially the same as Class 2.
Additional steps begin with agency's
draft permit modification.
The facilitv representative:
« Requests a modification of the
permit to the permitting agency.
Notifies the public.
Holds a public meeting.
The Dermittins aeencv:
Allows 60 days for public comment
on the modification request.
Prepares draft permit modification
conditions.
Notifies the public of the agency's
draft permit conditions.
Allows 45 days for public comment
on permit conditions.
Holds a public hearing, if requested.
Issues or denies the revised permit
conditions.
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Class 1 Modifications
Class 1 modifications address routine and administrative changes. They do not substan-
tively alter the conditions in the permit or reduce the facility's ability to protect human
health and the environment. With a few exceptions, most Class 1 modifications do not
require approval from the permitting agency before they are implemented. (The excep-
tions are listed in Appendix 1 to 40 CFR 270.42.) The only public involvement require-
ment for Class 1 modifications is that within 90 days of implementing a change, a facility
must notify the public by sending a notice to all parties on the mailing list compiled by
the permitting agency. (For more information on mailing lists see Chapter 5.) Any
member of the public may ask the permitting agency to review a Class 1 modification.
Class 2 Modifications
Class 2 modifications include those changes that enable a facility to respond to changes in
the types and quantities of wastes that it manages, technological advances, and new
regulatory requirements. These changes don't substantively alter the facility's design or
the management practices prescribed by the permit. They do not reduce, and, in most
cases, should enhance, the facility's ability to protect human health and the environment.
The procedures for Class 2 modifications include a default provision to ensure that the
permitting agency responds promptly to the permittee's request. The agency must respond
to Gass 2 modification requests within 90 days or, if the agency notifies the permittee of
an extension, 120 days. At any time during this period, the permitting agency can approve
or deny the request. If the agency does not reach a final decision on the request within
this period, the facility is automatically allowed to conduct the requested activities for 180
days. Activities performed under this temporary authorization must comply with all
applicable federal and state hazardous waste management regulations. If the permitting
agency still has not acted by day 250, the facility then must let the public know that the
facility will become permanently authorized to conduct the proposed activities unless the
agency approves or denies the request by day 300. The public must always have a 50-day
notice before a temporary authorization becomes permanent.
At any time during the Class 2 procedures the agency may reclassify the request as Class 3
if there is significant public concern or if the permitting agency determines that the facil-
ity's proposal is too complex for the Class 2 procedures. This reclassification would
remove the possibility of a default decision.
The Class 2 modifications require that the permittee submit a request for approval of the
change to the permitting agency. In turn, the permittee must also notify its mailing list
about the modification request and publish notice in a major local newspaper of general
circulation. The notice must be published and the letter mailed within seven days before
or after the facility submits the request to the permitting agency. The newspaper notice
marks the beginning of a 60-day public comment period and announces the time and
place of an informal public meeting. In addition the notice must identify a contact person
for the permittee and the permitting agency and must contain the statement, The
permittee's compliance history during the life of the permit being modified is available
from the Agency contact person."
The public comment period provides an opportunity for the public to review the modifi-
cation plan at the same time as the permitting agency. The permittee must place the
request for modification in a location accessible to the public in the vicinity of the facility.
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The permittee conducts the public meeting and must hold it at least 15 days after the
start of the comment period and 15 days before it ends. The meeting, which tends to be
less formal than a public hearing held by the permitting agency in the draft permit stage,
provides for an exchange of views between the public and the owner/operator and a
chance for them to resolve conflicts concerning the permit modification.
The permitting agency is not required to attend the meeting. You may wish to attend,
however, to find out whether the public has any concerns about the changes and if so,
how the permittee plans to address them. In addition, the permitting agency is required to
consider all written comments submitted during the public comment period and must
respond in writing to all significant comments in its decision.
Class 3 Modifications
Class 3 modifications address changes that substantially alter a facility or its operation.
For example, a request to manage new wastes that require different management practices
is a Class 3 modification. The following public involvement activities are required (Note
that the activities are the same as those for the initial permit decision):
Preparation of draft permit modification conditions
Public notification of the agency's draft permit conditions
Fact sheet or statement of basis
45-day public comment period (in addition to the permittee's 60-day comment
period)
Public hearing if requested
Notice of Decision
Response to comments
With Class 3 permit modifications, the public has 60 days to comment on the permittee's
requested modification and another 45 days to comment on the permitting agency's draft
permit or proposed denial of that modification. And, in addition to the public meeting the
permittee holds, the public may also request a public hearing with the permitting agency.
The public may welcome this opportunity for extensive involvement, for the public is likely
to be more concerned about Class 3 modifications than any other. When concern is high,
you will want to be absolutely certain the permittee knows how to conduct the required
public involvement activities and provide guidance and assistance if needed. You may also
encourage the permittee to go beyond the requirements and hold workshops and publish
fact sheets to explain the change. It is also more important that you attend the permit-
tee's public meeting to gauge the public's concern about the proposed change and prepare
appropriately for your public hearing, if one is requested. You may* also learn if you will
need to conduct additional public involvement (e.g., hold a workshop or small group meet-
ing) after preparing the draft permit.
As for Class 2 modifications, the permitting agency may grant a facility temporary autho-
rization to perform certain activities requested in the Class 3 modification for up to 180
days. For example, temporary authorizations may be granted to ensure that corrective
actions and closure activities can be undertaken quickly and that sudden changes in
operations not covered under a facility's permit can be addressed promptly. Activities
performed under a temporary authorization must comply with all applicable federal and
state hazardous waste management regulations. The facility must issue a public notice
within seven days of making the request. The permitting agency may grant a temporary
authorization without notifying the public. A facility may renew a temporary authorization
only by requesting a permit modification and initiating public participation.
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PUBLIC INVOLVEMENT IN CLOSURE/POST-CLOSURE
Facilities may discontinue operations for a number of reasons, most notably because the
owner/operator opts to close rather than pursue an operating permit or because the facil-
ity is forced to close by the permitting agency. Regardless of the rationale for closing a
facility, the facility must submit a closure plan. If the owner/operator cannot "clean close,"
or remove all contaminants from the facility site, then the facility will be required to reme-
diate any releases at the site and monitor any wastes left in place through a post-closure
permit or enforcement order. Public involvement activities required for the closure and
post-closure processes are outlined below.
The Closure Process
Owners/operators that want to discontinue operations must follow certain requirements
for closing a facility. Closure plans must now be included in all Part B permit applications
to ensure that permits incorporate "cradle to grave" monitoring of hazardous waste.
Facilities that do not have a closure plan incorporated into a facility permit must submit a
closure plan when the owner/operator proposes to close the facility. Whether an
owner/operator proposes to clean close, or not, the owner/operator must submit a closure
plan which must be approved by the permitting agency. Public involvement activities
during the closure process are specified in section 265.112(d)(4). Under the regulations,
within 30 days of receiving advance notice from the facility of partial closure or final clo-
sure, you must give the public an opportunity to comment upon and request modifications
to the plan during a public comment period. A public hearing on the plan is required if
requested by the community, or you may hold a hearing at your own discretion.
A facility may be required to undergo corrective action during the approval process for
the closure plan. If the closure plan is executed outside the permitting process, corrective
action will be done under a §3008(h) order. See Chapter 4 for a discussion of corrective
actions implemented under §3008(h) orders.
Though there are few public involvement requirements during the closure plan process,
you should be aware of any issues relating to the closure of the facility that concern the
public, and plan public involvement activities accordingly. For example, if the public has
reservations about how "clean" the facility site will actually be after the facility closes, you
may want to consider releasing a fact sheet or conducting educational workshops and
informational meetings about the closure plan and the conditions at the facility. Note,
however, that unless corrective action measures are required in the post-closure permit,
public interest, in closure plan approval actions usually is limited.
The Post-Closure Permit Process
Facilities that cannot "clean close," such as land disposal facilities, are subject to post-clo-
sure care requirements. The procedure for approving a post-closure plan is similar to the
operating permit process. Consequently, you must conduct all of the public involvement
activities required for facility permitting. Moreover, almost all post-closure permits will
contain schedules of compliance for corrective action if a facility closes before all neces-
sary corrective actions are completed. As a result, you will often need to conduct the
public involvement activities required for corrective action. (See Chapter 4).
You should consider the issues unique to the post-closure process that may concern the
community. For example, if the owner/operator is leaving a site, and possibly even the
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community, the community may be very concerned about whether the owner/operator will
really be vigilant in monitoring the post-closure operations at the site or will have enough
financial resources to do so. In addition, many facilities require remediation of hazardous
waste releases during the closure process. You should integrate additional activities into
your public involvement program for the post-closure permitting process that address
community concerns about remediation.
EXAMPLE; THE BLANK COMMUNITY
Now that we've gone through the basics of public involvement in RCRA permitting, let's
look at an example of how the public involvement process might work for a medium- to
high-level interest facility:
Background:
Facility A is located in the community of Blank, with a population of 100,000 residents.
The facility is applying for a RCRA permit to treat, store and dispose of wastes, including
PCBs, in an incinerator that is currently operating under interim status. The facility is
located near a residential area. It employs 300 people. The facility has established
relatively good relations with members of the community by contributing to charitable
efforts and keeping in close contact with officials about facility operations. You would
characterize the level of public interest in this facility (and therefore the need for public
involvement) as medium to high based on the types of wastes, the waste management
practice (incineration), and the facility's proximity to a residential area.
Community Concerns:
During your community interviews and file search, you discovered that there are three
main concerns that the community has expressed with regard to the facility, as well as
another issue that you think may be important.
(1) The residents near the facility are concerned that the incineration of wastes
including PCBs could endanger their health. They are worried that the incinerator
could release harmful amounts of hazardous substances if something should go
wrong and the incinerator were operating at less than adequate temperatures, or if
there were an accident. They noted that several people in the community have had
lung-related illnesses since the incinerator has been operating.
(They n«ed to be informed about the possible health effects of the incinerator, and
satisfied that the incinerator is operating correctly.)
(2) The community as a whole (especially fire and police department representatives) is
concerned about the transportation of wastes through the city streets, and the
possibility of harmful exposures in the event of an accident. Even though the
facility will not be receiving wastes from elsewhere, there is a general feeling in the
community that once the incinerator is permitted, other facilities will make use of it.
In addition, members of the community are concerned that the ash that will be
taken from the facility could harm residents if there were an accident.
(They need to have input into what routes the vehicles from the facility will take,
and they need to be informed of how accidents will be avoided and what
emergency procedures will be in place to deal with any accidents. They need to be
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reassured that no waste will be coining TO the facility, because that will not be
part of the RCRA permit.)
(3) Community members interviewed expressed a general mistrust of the regulatory
agency's ability to monitor the facility adequately.
(They need to be informed about what regulations the facility must comply with in
order to operate the incinerator, and what review process the agency has for
monitoring the facility. They need to know that they have access to all the
documents concerning the incinerator.)
(4) Several community members mentioned that they were concerned about their
groundwater, although you know that there has been no indication of any potential
contamination problems at this facility. Your file search revealed that there is
another RCRA facility nearby that has been undergoing a corrective action that
involves groundwater contamination with volatile organic compounds. This facility
is farther out of town, but there are drinking water wells nearby that are threatened
by the groundwater problems. This indicates to you that there may be some
confusion in the community between the actions at the two different facilities.
(They need to have their misunderstanding cleared up before they become
unnecessarily concerned, and the distinction between the two activities at the two
facilities should be explained more clearly.)
Community Characteristics:
During community interviews, you gathered the following information about the
community that will be useful in developing public involvement activities:
(1) The neighborhood nearest the facility is largely middle class, where most people
own their homes and have children of school age. They have a high-school/college
level education. All of them speak English.
(2) Most community members prefer to have information mailed to them, rather than
attending meetings, because of time constraints.
(3) Most of the information people now receive about the facility comes from the
facility's newsletter, which is distributed to the facility's employees and the facility's
neighbors. Coverage has been minimal in the media.
(4) There are no organized environmental groups in the area. Most people do belong
to some civic organization, though.
Activities:
With the information you have gathered, you can choose which public involvement
activities will best fit the needs of the Blank community. A comprehensive list of required
and expanded public involvement activities is provided in Chapter 5 of this manual. Each
description includes a list of what types of situations the activity could be useful for.
There are any number of combinations of activities that may be suitable for a given
situation. Part of your choice will be made as a result of what activities you feel
comfortable doing and how much time and money you have.
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Required Activities
There are several public involvement activities that you are required to perform as part of
a RCRA permit effort. Note that in certain instances, the facility and/or State may take
the lead in these required activities. These activities will be explored in greater detail in
Chapters 3 and 4.
At the time the permit application is submitted, you must establish a mailing
list that includes facility neighbors, elected officials, agency representatives,
environmental organizations, and anyone else who has expressed an interest in
the facility or who may be affected by it.
After developing a draft permit (or denying a permit), you must:
~ Produce a fact sheet or Statement of Basis that explains the factual and
legal bases for preparing the permit or issuing the administrative order (Note
that generally fact sheets are used for permit issuances while Statements of
Basis are used for permit denials);
- Provide public notice (in a major newspaper and broadcast over local radio
stations) that the draft permit is available for public review; and
- Hold a 45-day public comment period on the draft permit.
If there is a written request made during the public comment period, you must
hold an informal public hearing for which 30-day advance notice is provided to
members of the public.
When a final decision is reached on whether to issue or deny a permit, you
must send a Notice of Decision, including a Response to Comments, to each
person who submitted written comments on the draft decision or who requested
a copy of the notice.
Expanded Activities
From your community interviews, you have discovered that you need to provide members
of the community with certain types of information, and get the community's feedback
before most of your required activities are implemented.
What sort of information do you need to convey to the Blank community?
Environmental risk information:
- What the potential risks from the facility's incinerator are
- What technical and institutional safeguards are in place to prevent exposures
- Distinguish this facility from another RCRA facility in the area
- This facility is not undergoing a corrective action-there is no groundwater
contamination at the facility
Transportation information:
What guarantees there are that wastes will not be transported to the facility
from other locations
- The route that ash will take from facility
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- A transportation/contingency plan has been developed or will be developed as
part of the RCRA process
- Members of the public have an opportunity to provide input/make comments
on the transportation plan
Regulatory/process information:
- What regulations the facility must comply with
- How EPA verifies and documents compliance
- How the community members can check on this
can you get the information out?
Community members have stated a preference for receiving information through
the mail rather than attending meetings, so the logical first step is to produce a fact
sheet for distribution to your maiJing list that covers the four topics mentioned as
important during your interviews (health, transportation, regulatory compliance,
groundwater). Remember to keep explanations simple but complete, and to use
graphics when possible to help explain difficult concepts. You should include the
name, address, and phone number of the designated agency contact person (proba-
bly you) on the fact sheet. You can supplement the fact sheet with a news release
and informational press conference for local media so that your information will be
distributed to a wider audience.
If you don't have the time or resources to produce your own fact sheet, an alterna-
tive is to ask the facility to include the information in its facility newsletter. How-
ever, the facility newsletter will not reach all of the people who are interested in
the project because of its limited distribution. You could ask the facility to distrib-
ute the newsletter to your mailing list, or use the news release and informational
press conference mentioned above to increase circulation.
Because health is a major concern of community members nearest the facility, and
because of the complicated nature of the issue, a fact sheet may not address their
concerns adequately. Since community members have stated a preference not to
attend extra meetings, you may offer brief presentations at regularly scheduled
meetings of other civic organizations, with time for questions and answers.
You also may use the fact sheet to solicit interest in a workshop on health issues,
just to make sure that community members have the opportunity to meet if they
feel very strongly about the issue. If 10-20 people express interest, you should plan
a workshop to discuss the issues in more detail and allow time for questions and
answers. You may want to prepare some posterboards and handouts that explain
the health risks graphically and outline the monitoring procedures that will ensure
the incinerator is operating properly. Because there are currently some health
conditions that community members perceive may be related to the facility, you may
want to include a health specialist, such as the county and/or State toxicologist, on
your presentation team to answer specific health questions.
You can establish an information repository at the public library or other public
building so that the community can have access to all the technical documents con-
cerning the facility. The information repository should be announced in a public
notice in the newspaper and in the fact sheet.
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You need to build the community's trust in the agency. One way you can start this
process is to keep up regular telephone or personal contact with key community
leaders to update them on the permit progress and/or the corrective action order
process and to ask for their feedback on how the agency can best involve them in
the process. You also need to maintain that trust. Since the RCRA permitting
process and some administrative orders requiring compliance may take a long time,
it is important that you periodically update community members on the permit or
order status, even when there isn't much going on in the way of permitting mile-
stones. In the absence of information from the permitting agency, it is common for
community members to become suspicious that things are progressing outside of the
normal, public channels. Periodic contact will help dispel those suspicions.
It is obvious to you that community members are confusing the two RCRA facilities
in the area. The first step you can take is to send a section 3007 Request for In-
formation to the nearby facility to gather relevant information and then coordi-
nate your public involvement efforts with the facility. Make sure that materials
you send out to members of the public are clearly marked as addressing one site or
the other. The fact sheet for your facility will clearly state that there are no identi-
fied areas of soil or groundwater contamination at your facility, and that your
RCRA action involves a permit, not a corrective action. It is important to clear up
the misunderstanding with all community members so that you don't have to keep
addressing this issue throughout the RCRA process. If concern seems to be wide-
spread, you may want to publish the number of a RCRA information hotline that
community members can call with questions. You can also issue a news release
summarizing information about the facility and distinguishing between the action at
your facility and at the one nearby.
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CHAPTER SUMMARY
The permit decision process and the required public involvement activities can be
divided into three key steps :
1. Submission and Review of Permit Application
- Mailing list
2. Preparation of Draft Permit or Decision to Deny and Public Comment Period
- Public notice
- Fact sheet or statement of basis
- 45-day public comment period
- Public hearing, if requested
3. Final Permit Decision
- Notice of decision
- Response to comments
A facility can change its permit through a Class 1, 2, or 3 modification.
1. Class 1
- Facility notifies mailing list within 90 days
2. Class 2
- Newspaper notice
- Mailing list notified
- 60-day public comment period
- Informal public meeting
- Response to comments
3. Class 3: All of Class 2 requirements, plus:
- Preparation of draft permit modification conditions
- Public notification of the agency's draft permit conditions
- Fact sheet or statement of basis
- 45-day public comment period
- Public hearing, if requested
- Notice of Decision
- Response to comments
There are certain requirements for closing a facility. Facilities that do not have a
closure plan incorporated into the permit must submit a closure plan. A public
comment period is required, and a public hearing on the plan, if requested.
A facility that cannot clean close is subject to post-closure care requirements. All
of the public involvement activities for facility permitting are required.
If a facility closes before all remedial action is completed, you will need to conduct
the public involvement activities required for corrective action.
A case study of the Blank Community is provided to show how public involvement
planning works.
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CHAPTER 4: PUBLIC INVOLVEMENT FOR RCRA CORRECTIVE
ACTIONS UNDER PERMITS AND 3008(h) ORDERS
INTRODUCTION
In addition to the public involvement activities for permitting described in Chapter 3,
there are specific requirements for public involvement under corrective action. This
chapter is divided into two sections to address public involvement activities for corrective
actions under (1) permits and (2) Section 3008(h) orders.
As for corrective action under permits, EPA's proposed Subpart S rule (50 FR 30798),
which defines both the procedural and substantive requirements associated with §3004 (u)
and (v), expands on required activities for public involvement during the corrective action
process. Note that since Subpart S is a proposed rule, the corresponding public
involvement activities are only proposed requirements.
PUBLIC INVOLVEMENT DURING CORRECTIVE ACTION IN PERMITTING
Community concerns during corrective action may be different from community concerns
during the permitting of a clean facility or during other permit modifications. During
corrective action, the community usually deals with less defined issues and more vague
information. A release of hazardous waste has already occurred, and the community is
concerned and searching for information about the level of contamination, the extent of
present health and environmental risks, the potential for future risks, and whether or not
a facility that has already polluted will continue to pollute.
You should also be aware that corrective action investigations and remedial activities are
usually very visible. Experts visit the facility to conduct investigations, trucks and equip-
ment travel back and forth to the facility, and government agencies oversee activities. All
of these activities can heighten the anxiety and concern of the community. The public
wants to know what the experts are finding, what the trucks are carrying, and whether the
government is making sure the release is remedied quickly.
The corrective action process (post-RFA) can be divided into seven key steps:
1)
RCRA Facility Investigation
2)
Interim Measures (can take place anytime in the process)
3)
Corrective Measures Study
4)
Proposed Remedy Selection/Draft Permit M<»dification
5)
Final Selection of Remedy
6)
Corrective Measures Implementation and
7)
Completion of Remedy
We examine these steps individually and discuss the required and recommended activities
for each one. In addition, Exhibit 4-1 provides a flow chart that illustrates the relation-
ships between the corrective action process and public involvement activities. Though the
regulatory agency is ultimately responsible for all decision-making requirements, Subpart S
would place responsibility for implementing many of the public involvement activities on
the owner/operator. Throughout the corrective action process, you should oversee the
facility's activities to ensure compliance with regulations.
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Exhibit-4-1
Public Involvement Activities in the RCRA
Technical
Process
RCRA Facility
Investigation
(RFI)
Corrective Measures
Study
(CMS)
J
Am imittrn - -
Requaate
MacMoaUon
to Tsrimlrmta
Schedule
of Compliance
EPA
Modifies
Schedule of
Compliance
PormMee
Requests
Modi II cation
to Due Dates
in Schedule
Interim Measures (Can
Required
Public
Involvement
Activities
* Revised Mailing List
Public
Involvement
Activities
under
Proposed
Rules'
Permittee mails
summary of
RFI Final Report
to all indtvtduais
on mailing list
Director may order
permittee to establish
an information
repository
Permittee gives
notification of repository
If established
Permittee gives
notice to ail
potentially affected
parties when a
release of hazardous
constituents is
discovered
Permittee gives
public notice
Permittee hotels
public comment
period (60 days)
e Permittee holds
public meeting
EPA follows
procedures for
Draft Permit Modification
(public notice,
45-day comment period,
tact sheet,
hearing If requested,
nottce of decision,
response to comments)
e Notice to
permittee
and public
e Comment
period
(20 days)
Notice of
modification
showing
responses
to comments
Permittee
obtains EPA
approval
Public notice
of changes of
dates within
90 days
1 Permittee gives
notice to all
potentially affected
parties when a
release of hazardous
constituents is
discovered
Suggested
Public
Involvement
Activities
Additional community
assessment
Revised public
involvement plan
Contact person
e Workshop
Informal Meeting
Contact Person
Fact Sheet
* Activities included in proposed rutes under 40 CFR 264 and 270, 55 FR 30873 ft.
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Corrective Action Process (During RCRA Permitting)
Proposed Remedy
Selection/Draft
Permit Modification
Final Selection
of Remedy
Corrective
Measures
Implementation
(CMI)
Completion
of Remedy
At Any Time)
~
FuWta nodes
Fact sheet or
Statement of
Basis
Public eommant
period (45 days}
PuWtc hearing
{K requested)
Notice of Decision
Response to comments
Permittee notifies
community that
corwmjctian plana
and specifications
are available
Pormtttw givoa
notica to aM
potentially affected
parties wtten a
release of hazardous
constltuarcs is
discovered
Permittee gives
public notice
Pemrwttae hoWs
pubfic comment
parted (60 days}
« Pwmittoe hotels
public meeting
EPA toitows
procedures for
Draft Permit Modification
(puOHc notice.
45-day comment period,
fact sheet,
hearing if requested,
notica of decision,
response to comments)
Workshop on
proposed remedy
Fact sheets
Availability SBssoa'
open house
!>*« proceduTM ar» thoM foUowed by EPA. When indtvidusi States are auttnrtzati to assume the lead, their procedures may vary.
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1) RCRA Facility Investigation
As mentioned in Chapter 3, prior to permit issuance, the permitting agency must conduct
an RFA to determine the presence or potential for hazardous waste releases and the need
for additional investigations. If the RFA indicates an actual or potential release, then the
regulatory agency will direct the permittee to conduct a RCRA Facility Investigation
(RFI) according to a schedule of compliance contained in the permit. Note that if the
RFA indicates a release that poses an immediate exposure risk, the regulatory agency can
require the permittee to undertake interim measures to minimize this risk.
Public involvement activities that are required or recommended after the RFA and during
the initial stages of the RFI are described below.
Required Activities
During the initial stages of the permitting process, you assembled a mailing list. That
mailing list is used and updated throughout the permitting and corrective action processes.
You should assess and revise the mailing list to ensure that the list includes additional
members of the community who may want to be informed about corrective action.
In addition, the proposed Subpart S rule allows the director of the permitting agency to
require the permittee to establish an information repository in the community where the
facility is located.. You can assist the director in making that determination by presenting
the results of your initial needs assessment. If the level of community interest is moderate
or high, and if there is moderate or high potential for exposure, an information repository
should be established. The repository serves as a source for all reports, findings, and
other information relevant to ongoing corrective action activities at the facility site, e.g.,
RFI and CMS plans and reports. The permittee must inform the public of the repository
through a notification of public information repository. The permittee must send this
notice at least to all individuals on the mailing list mentioned above, and you must identify
a permitting agency contact person to be named in the notice. In addition, the permitting
agency may require that the permittee publish notice of the repository in a local news-
paper and broadcast it on local radio and television stations.
Subpart S proposes that the permittee mail a summary of the final RFI report to all indi-
viduals on the mailing list to inform them of findings at the facility. A copy of the RFI
should also be placed in the information repository established by the permittee. You
should review the summary to assure that it is written in language that can be understood
by the general public and that it is translated if necessary. (Note that some Regions
require the permittee to write a fact sheet summarizing the RFI report in addition to the
formal summary of the report)
If the permitting agency proposes to modify the schedule of compliance during the RFI,
appropriate public involvement activities must be conducted. Proposed new section 270.34
to 40 CFR 270, Subpart C, specifies public involvement requirements when the permitting
agency initiates a modification to the schedule of compliance prior to remedy selection
(for example, to change due dates for reports or to add or delete some activities from an
approved workplan). You must prepare a public notice that describes the change,
explains why it is needed, gives the end date of a comment period that is 20 days or
longer, tells where information supporting the change is available, and gives the name of a
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permitting agency contact person to whom comments can be made. You must distribute
the notice to the permittee, mailing list, and information repository, if one has been
established: and publish it in a local newspaper. If no comments are received, the
modification will become final 5 days after the close of the comment period, and you must
notify the permittee and all community members on the mailing list in writing and place a
copy of the modified permit in the information repository. If comments are received, the
permitting agency must make a final determination with 30 days after close of the
comment period and you must prepare a notice that gives the effective date of the
modification and explains how comments were considered in developing the final
modification. You must provide a copy of the notice and the final modification to the
permittee, publish a copy of the notice in a local newspaper, and place a copy of the
notice and the final modification in the information repository, if one is maintained for the
facility.
If the permittee cannot meet due dates in the schedule of compliance, proposed new
section 270.34(b) requires that the permittee request a modification of the schedule.
Changes in dates during the RFI phase are treated as a "Class 1" modification and the
facility must obtain the permitting agency's prior approval of the modification before
distributing a notice of the modification to the mailing list within 90 days of the effective
date of the change. See Chapter 3 for a discussion of permit modifications.
Subpart S provides that the permittee may initiate a request for a permit modification to
terminate the schedule of compliance if results of the RFI show that corrective measures
are not needed. This is considered a "Class 3" modification, requiring the facility to issue a
public notice and provide a comment period and meeting, followed by a permitting agency
public notice, comment period and hearing, if requested, before a decision is made.
Additional Activities
Given the potential for corrective action to raise issues that are different from those
associated with permitting, it is usually appropriate to reevaluate community concerns and
level of involvement based on the results of the RFA and the scope of the RFI and revise
your public involvement plan accordingly. It will be worthwhile in the long run to expend
effort early in the process before community concerns and issues become overwhelming,
making resolution difficult.
You can keep in touch with the community throughout the RFI by issuing Fact sheets. It
is a good idea to issue a tact sheet before the RFI begins to explain the investigation's
purpose and scope, and another fact sheet after the RFI is completed to report the
results. In addition, you can hold informal meetings or workshops to discuss the
community's concerns.
Refer to Chapter 5 for specific details about the activities listed here.
2) Interim Measures
In certain situations, the regulatory agency may require an interim measure at the facility
without waiting for the final results of the RFI or the CMS. Interim measures are actions
required to address situations that pose a threat to human health or the environment or to
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prevent further environmental degradation or contaminant migration pending final
decisions on required remedial activities.
There are no required public involvement activities corresponding to interim measures.
However, it is a good idea to keep the public informed by issuing fact sheets or holding
informal meetings. Since interim measures can be conducted at any stage in the
corrective action process, you can incorporate activities related to interim measures into
the rest of your public involvement program.
3) Corrective Measures Study
If the RFI indicates a need for corrective action, then the regulatory'agency will require
the permittee to conduct a Corrective Measures Study (CMS) to determine possible
remedies.
Required Activities
While there are no required public involvement activities specific to the CMS, you may
have to conduct public involvement activities at some time during the CMS phase. The
RFI and CMS phases may last from one to three years, depending on the complexity of
the facility. The community may be frustrated and anxious over the length of time
involved in conducting these activities, with minimal information on results or findings. If
you begin to sense this frustration and concern, you may want to plan activities to keep
citizens informed about the status of the remedial process.
In addition, you may have to conduct public involvement activities during the CMS phase
because of other circumstances. For instance, Subpart S proposes that the permittee give
written notice to potentially affected parties when a release of hazardous waste or
hazardous constituents that exceeds action levels (as defined under 40 CFR 264.521) is
discovered at any time in the process.
If a modification to the schedule of compliance is proposed during this phase, appropriate
public involvement activities must be conducted. Requirements for modifications initiated
by the permitting agency and the permittee during the CMS are the same as those tor the
RFI phase, described above.
Additional Activities
Holding workshops and conducting informal meetings about the CMS, the remedies
considered, and the activities being conducted at the facility wtll keep the community
involved and informed so that it can make effective comments now and during the permit
modification process. Providing a contact person to accept comments and answer
questions from the community during the long remedial process shows your availability and
willingness to talk with the community and gives you a chance to relay tacts to the
community in answer to its concerns. You could establish a hotline if numerous people
call with questions. You might want to advertise the availability of the hotline through the
mailing list.
You should also consider mailing out fact sheets at significant milestones during the CMS
to keep the community abreast of the progress that has been made.
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Refer to Chapter 5 for specific details about the activities listed here.
4) Proposed Remedy Selection/ Draft Permit Modification
Required Activities
Once you select a remedy for a facility, you must modify the facility's permit to
incorporate the proposed corrective measures. A permit modification for remedy selection
is considered a Class 3 modification. For such a modification, 40 CFR 270.41 requires the
same level of public involvement as is required for a draft permit. The permit containing
the proposed modification must be released for public review and comment, and the
community must receive public notice that the proposed modification is available for
review. You must publish this notice in a major local newspaper and it must be broadcast
over local radio stations. In addition, you must prepare a fact sheet or statement of basis
to explain the proposed modification and the significant factual and legal reasons for
selecting the remedy to be incorporated into the permit through the modification. See
Chapter 3 for more information on permit modifications.
A 45-day public comment period on the draft permit modification follows publication of
the public notice. The comment, period provides the public with an opportunity to
comment, in writing, on conditions contained in the draft permit modification. If informa-
tion submitted during the initial comment period appears to raise substantial new ques-
tions concerning the draft permit modification, you must re-open or extend the comment
period.
Finally, the affected community has the opportunity to request a public hearing on the
draft permit modification. If a hearing is requested, you must give a 30-day advance
notice to the community that states the time and place of the hearing. You may schedule
a public meeting or panel hearing even if the community does not request one. For
example, if you feel you need to clarify the risks associated with a release of hazardous
waste because the community is perceiving risks that do not exist, you should initiate the
public meeting. In many circumstances, scheduling a public hearing before the public
requests one saves valuable time in the permitting process and shows your willingness to
meet with the community to hear its questions and concerns.
5) Final Selection of Remedy
After the public comment period closes, you must review and evaluate all written and oral
comments and issue a final decision on the permit modification. You must send a Notice
of Decision to each person who submitted written comments on the draft decision or who
has requested such notice, and you must issue a response to comments. This document
must include a summary of ail substantive comments received during the public comment
period and an explanation of how they were addressed in the final permit modification or
why they were rejected. Your response to comments must be made available through the
Administrative Record and the information repository, if one was established, and must be
sent to alt those who submitted comments and those that have requested a copy of your
response.
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Additional Activities
During the public comment period, and especially when information about the corrective
measures in a draft permit modification is quite technical or the community has
heightened health and environmental concerns, it may be very useful to hold a workshop
or informal meeting to inform the public about the proposed remedy and how it was
selected.
Refer to Chapter 5 for specific details about the activities listed here.
6) Corrective Measures Implementation
Required Activities
Once a corrective measure is chosen and a permit modification is approved, the permittee
must implement the remedy. This includes the design, construction, operation,
maintenance, and monitoring of all corrective measures outlined in the permit
modification.
Subpart S proposes that the permittee prepare detailed construction plans and specifica-
tions for remedy implementation, unless the permittee is already required to do so as part
of the permit modification. As part of the public involvement requirements of proposed
Subpart S, the permittee must also notify the community that the construction plans and
specifications are available for public review. They should be placed in the information
repository the permittee established during the RFI. In addition, the permittee must give
written notice of the availability for inspection of the approved plans and specifications to
all individuals on the official mailing list.
Activities
As mentioned earlier, the corrective action process takes many years to complete. You
may want to consider including additional public involvement activities during the CMI to
inform the community of the progress of the remedial action, especially if the public shows
concern over the pace and scope of the cleanup operations. In particular, it may be useful
to release periodic fact sheets to the community that report on progress of the cleanup
operations. In addition, it may be helpful to hold an availability session/open house near
or on the site of the facility to demonstrate or explain the activities involved in the CMI.
You may want the permittee to conduct these activities as well.
Reter to Chapter 5 for specific details about the activities listed here.
7) Completion of Remedy
Once a remedy has been completed, the owner/operator of the facility can request a per-
mit modification to remove compliance schedules and other language related to the
corrective action from the permit's text. Removing these requirements is considered a
"Class 3" modification, requiring the facility to issue a public notice and provide a
comment period and meeting, followed by a permitting agency public notice, comment
period and hearing, if requested, before a decision is made. Chapter 3 provides a more
detailed discussion of permit modifications.
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negotiations. Public involvement planning, therefore, must be coordinated with the
appropriate staff working on the enforcement action.
Not being able to fully disclose information to the public can pose problems, particularly
in a community where interest is high and citizens are requesting information. If interest
in the facility is high, discuss with project staff and the Public Involvement Coordinator
how to address citizens' concerns without breaching confidentiality. At the very least, the
public deserves to know why these limitations are necessary and when and if they will be
lifted.
Further constraints may be placed upon public involvement if discussions with the facility
break down, and the project is referred to the Department of Justice (DOJ) to initiate
litigation. In this situation, the public involvement planning should be coordinated with
the lead DOJ attorney as well.
Reduced Public Involvement Requirements: U.S. EPA's Office of Solid Waste and
Emergency Response issued a directive (OSWER directive 9901.3) entitled Guidance tor
Public Involvement in RCRA Section 3008rh) Actions on May 5, 1987. This is the most
current guidance from Headquarters on conducting public involvement under §3008(h)
orders. The directive's requirements include only a mailing list at the RFI stage; and the
following activities after a remedy has been selected:
A fact sheet or statement of basis concerning the proposed remedy;
A public notice that a proposed remedy has been selected;
A 45-day public comment period on the proposed remedy;
' A public hearing if requested;
A Notice of Decision, which is sent to each person who submitted written
comments; and
A response to comments.
In addition, after implementation and completion of the selected remedy, the permitting
agency is required to provide a public notice and a 45-day public comment period on the
completed corrective action.
While the directive's guidance is generally sound, you may consider conducting additional
public involvement activities, particularly activities that involve the public early in the
corrective action process. This manual emphasizes the importance of anticipating the
needs and concerns of the community prior to and throughout the corrective action
process. If the community's concern about the facility is high, you should consider
requiring the facility to conduct additional public involvement activities or develop a public
involvement plan as part of the corrective action order. These tactics help prevent
problems with the community and save the Region time and resources.
Unilateral Versus Consent Orders: If you are. issuing a unilateral order to a facility,
chances are it has not been cooperative either with the regulatory agency or with the
community. If this is the case, public involvement responsibilities may fail heavily on you.
Conversely, if you are issuing a consent order, you should consider negotiating with the
facility to have it write a public involvement plan (if community interest in the facility is
high), or at least conduct public involvement activities.
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PUBLIC INVOLVEMENT ACTIVITIES UNDER §3008(h) ORDERS
The first part of this chapter examined public involvement for facilities undergoing
corrective action in permitting as outlined in proposed Subpart S (50 FR 30798). RCRA
§3008(h) provides similar authority for requiring corrective action at non-permitted RCRA
facilities when there is evidence of a release of a hazardous waste or constituent into the
environment. The facility may be operating (prior to receiving a permit) under interim
status, closed or closing under interim status, or have lost or failed to properly obtain
interim status. The permitting agency issues §3008(h) corrective action orders to facilities
unilaterally or on consent. A unilateral agreement typically is issued to a facility when the
regulatory agency and the facility have been unable to agree about the need for corrective
action; whereas in a consent order, the facility and EPA have come to an agreement about
the corrective action.
This section examines how to conduct public involvement for facilities undergoing
corrective action under a §3008(h) corrective action order. The public involvement
activities we discuss for §3008(h) orders are the same as those we discussed for corrective
action in permitting. So, rather than repeat the information provided at the beginning of
this chapter about the steps in corrective action, we will focus on the issues relevant to
public involvement that distinguish corrective action under a §3008(h) order from
corrective action in the permitting process. If you are not familiar with the corrective
action process, read the beginning of this chapter before proceeding.
Public involvement under §3008(h) orders begins prior to the issuance of the order when
you assess the community's concerns and identify the most appropriate means of
addressing those concerns. (We discussed assessing a community's concerns and planning
for public involvement in great detail in Chapter 2.) The activities you select for
corrective action under a §3008(h) order must meet the needs of the community and
generally correspond to the phases of the corrective action process, just as the activities
conducted when corrective action is done under a permit. There are three important
distinctions, however, between conducting public involvement in corrective action under a
§3008(h) order and through permitting:
Under a §3008(h) order, there may be limitations on the regulatory
agency's ability to release or discuss certain information;
Fewer public involvement activities are required under 53008(h), yet the
regulatory agency may require the facility to conduct additional public
involvement activities as a term in the order; and
The level of cooperation with the facility has implications for the type of
order and degree of public involvement that will be necessary at the
facility.
Limitations on Releasing Information: When the permitting agency is negotiating an
order with the facility, confidentiality of certain information must be maintained. The aim
of these negotiations is to encourage frank discussion of all issues and to try to resolve
differences, thereby allowing the agency to issue an order on consent and avoid using a
unilateral order. Public disclosure of this information could jeopardize the success of the
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Below we discuss when to conduct public involvement activities under §3008(h) orders.
Again, please note that the type and timing of public involvement activities are generally
the same as tor corrective action in permitting.
Issuance of an Order Following the RCRA Facility Assessment
If a RCRA Facility Assessment (RFA) at an interim status facility indicates a release of
hazardous waste or constituents, the permitting agency will consider issuing a §3008(h)
order requiring the facility to begin investigating and cleaning up the contamination. It
may take many months of discussions with the facility before the order is issued. In the
mean time, you should be assessing the community and developing a mailing list. This list
should include local officials; interested, affected, and potentially affected private citizens;
residents close to the facility (e.g., within a one-half mile radius); and media
representatives.
Additional Activities
On the day the order is issued, the administrative record, containing all information
considered by the permitting agency in developing the order, is made available in the
permitting agency's office for inspection by the public. You may consider opening an
information repository at a local library close to the facility. The repository should
contain the same information as the administrative record.
You may also consider writing a fact sheet that gives details of the order and the
corrective action process or holding an open house or workshop to do the same if there is
a high level of1 interest in the facility.
RCRA Facility Investigation
Following issuance of the order, the facility will conduct a RCRA Facility Investigation
(RFI) according to the terms in the order. While public involvement activities are not
required for this phase of the process, you should consider conducting the same activities
for an RFI under a §3008(h) order that are required for an RFI in a permit.
Additional Activities
/
The previous section recommended setting up a mailing list and information repository ut
the time the order is issued. Other suggested activities include the following:
Two fact sheets: one prepared at the beginning of the RFI. summarizing
the overall remedial process from start to finish, existing contamination at
the facility, possible impacts on the local community, RFI objectives, any
interim measures being taken or planned at the facility, and upcoming
events in the corrective action process; the other prepared at the end of
the RFI, summarizing the final RFI report findings;
* Written notice to potentially affected parties if a release of hazardous
constituents that exceeds action levels (as defined under proposed
40 CFR 264.521) is discovered; and
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Workshops, availability sessions, or open houses to educate and speak
with the community about the corrective action process, as well as how and
when community members can become involved in the process.
Corrective Measures Study
If the RFI indicates that action levels are exceeded, then the facility will conduct a
Corrective Measures Study (CMS) to determine possible remedies.
While no public involvement activities are required at this stage [either for corrective
action in permitting or under a §3008(h) order.] You may consider conducting the
following activities:
Workshops or informal meetings about the CMS report, the remedies
considered, and the activities being conducted at the facility; and
Fact sheets at significant milestones during the CMS phase of the process
to keep the community abreast of the developments at the facility. A fact
sheet about the workplan and schedule for completion will let the
community know when to expect information and results.
Issuance of Second §3008(h) Order for Remedy Selection
Based on the results of the Corrective Measures Study, the permitting agency will select a
remedy and issue a second §3008(h) order to require the facility to design, construct, and
implement the remedy. The OSWER directive on public involvement in §3008(h) orders
requires the following public involvement activities:
A fact sheet or statement of basis. The fact sheet includes the significant
factual and legal basis used in preparing the proposed remedy or order.
A public notice that a proposed remedy or order has been prepared and is
available for public review. The notice must be published in a major
newspaper and broadcast over local radio stations.
A 45-day public comment period on the proposed remedy or order must
follow the public notice. The comment period provides the public an
opportunity to comment on corrective action conditions contained in the
proposed remedy or order.
If a written request is received, the permitting agency is required to hold a
public hearing. A 30-day advance notice containing the time and place of
the hearing is required.
A Notice of Decision must be sent to each person who submitted written
comments on the proposed remedy or order, or who requested such a
notice.
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A response to comments, which includes a summary of substantive
comments received during the public comment period and an explanation
of either how they were incorporated or addressed in the remedy or order,
or why they were rejected.
Corrective Measures Implementation and Completion of Remedy
Required Activities
After implementation and completion of the selected remedy, the permitting agency is
required to provide a public notice and a 45-day public comment period on the
completed corrective measures.
Additional Activities
You should consider sending out a summary fact sheet that reviews the overall progress
that has been achieved at the facility during the entire corrective action process. A
summary fact sheet offering the community a synopsis of accomplishments at the facility
would help citizens to understand and appreciate all aspects of the process, including the
time necessary to carry out ail activities. This would serve to instill a sense of trust within
the community in your ability to complete a remedy and would pave the way tor good
relations in the future between the community and your agency.
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CHAPTER SUMMARY
In addition to the public involvement activities for RCRA permitting, there are
specific requirements for public involvement under corrective action.
Public involvement requirements from proposed Subpart S are proposed
requirements.
The corrective action process (post-RFA) can be divided into seven key steps:
1. RCRA Facility Investigation
- Update mailing list, if necessary
- Establish information repository
- Issue notification of information repository
- Identify a permitting agency contact person
- Send a summary of the final report of the RFI to the mailing list
- Prepare public notice if a modification to the schedule of compliance is
proposed
2. Interim Measures (can take place anytime in the process)
- Incorporate into the rest of your public involvement program
3. Corrective Measures Study
4. Proposed Remedy Selection/Draft Permit Modification
Release proposed modification for public review and comment
- Notify the public via newspaper and radio stations
- Prepare fact sheet or statement of basis to explain the proposed
modification
- Allow 45-day public comment period
Hold public hearing, if requested
5. Final Selection of Remedy
- Send out Notice of Decision
- Issue response to comments
6. Corrective Measures Implementation
- Notify the community that the construction plans and specifications are
available tor public review
7. Completion of Remedy
- Facility may request Class 3 modification to remove schedules of
compliance from the permit
Corrective actions can also take place under §3008(h) orders.
The type and timing of public involvement activities for §3008(h) orders are
generally the same as those for corrective action in permitting.
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There are three important distinctions between conducting public involvement in
corrective action under a §3008(h) order and through permitting:
1. Under a §3008(h) order, there may be limitations on the release or
discussion of certain information;
2. Fewer public involvement activities are required of the permitting agency
under §3008(h), yet the permitting agency may require the facility to
conduct public involvement activities as a term in the order; and
3. A facility that is issued a unilateral order may not be cooperating with the
agency. If you are issuing a unilateral order to a facility, chances are it has
not been cooperating with you or with the community. Public involvement
responsibilities may then fall heavily on you.
If you are issuing a consent order, the agency should consider having the facility
conduct appropriate public involvement activities as a term in the order.
EPA issued a directive entitled Guidance for Public Involvement in RCRA Section
3008fh1 Actions on May 5, 1987. This is the most recent guidance from
Headquarters on conducting public involvement under 3008(h) orders.
Requirements include:
1.
2.
3.
4.
5.
6.
7.
While the guidance in the 1987 directive is generally sound, you should consider
conducting additional public involvement activities during the various stages of
corrective action.
Developing a mailing list
Writing a fact sheet or statement of basis
Providing public notice
Allowing a 45-day public comment period
Holding a public hearing
Sending out Notices of Decision
Responding to comments
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CHAPTER 5: PUBLIC INVOLVEMENT ACTIVITIES:
HOW TO DO THEM
This section presents a "how-to" for each of the activities you might elect to use to pro-
mote and encourage public involvement in RCRA permitting or corrective action. The
activities are grouped into four categories: planning, required activities, additional activities
for one-way information dissemination, and additional activities for two-way com-
munication. This introductory section suggests some things to consider in selecting
among possible activities of each kind. It is followed by a discussion of each individual
activity that describes what it is, how and when to conduct it, how much effort it requires,
and pros and cons of using it. A checklist is included for each activity to help you when
you conduct that activity.
PLANNING ACTIVITIES
Since there are many possible public involvement activities, you must determine which
ones are best for a particular facility. This is where planning comes in. There are four
activities explained in this section used in the planning process:
Community Evaluation and Needs Assessment
Community Interviews
Public Involvement Plan
Revision of Public Involvement Plan.
As explained in Chapter 2, community evaluation and needs assessment can be either a
small or large effort. The level of effort depends on the amount of community interest or
concern about the facility and the RCRA process that is known or anticipated. At a mini-
mum, you will review agency files, talk with agency staff who know the community, and
contact at least a few community members by telephone. If this gives you enough
information to determine that community concern and interest level is low, you can
conclude your needs assessment and lay out a simple plan for carrying out required
activities.
If your initial review suggests a need for more information, you should carry out a fuller
evaluation and needs assessment, based on community interviews. If your findings indicate
the need for more than the required minimum activities, you will want to develop a formal
Public Involvement Plan that includes some of the additional activities listed below. You
should be prepared to reassess community needs and revise old Public Involvement Plans
when the RCRA process moves to a new phase or when you have other reasons to
suspect that the community's concerns or levels of interest are changing.
REQUIRED ACTIVITIES
There are seven public involvement activities that are required under RCRA. These are:
Mailing and Distribution List
Public Notice
Fact Sheet/Statement of Basis
Public Comment Period
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Public Hearing, if requested
Notice of Decision
Response to Comments.
Chapters 3 and 4 explain where in the permitting and corrective action processes you must
implement these activities.
None of the required activities except public hearings provide for direct interaction
between the permitting agency and community. When your community evaluation and
needs assessment suggests that more interactive techniques are appropriate, you should try
to include some of the additional activities below in your public involvement program.
ADDITIONAL ACTIVITIES FOR ONE-WAY INFORMATION DISSEMINATION
Use these activities when you want to get information out to community members. You
should supplement these with activities from the section below to provide for interaction
with the community and to get input from the community. One-way dissemination tech-
niques generally require much less time and effort on your part than activities for two-way
communication. If you have limited resources, you must rely primarily on these outreach
methods.
Most of the required public involvement activities listed above are one-way information
dissemination techniques. Additional activities of this type include the following:
Introductory Notice
Information Repository
Exhibit
News Release
Translation
Using Existing Groups/Publications.
If your needs assessment shows little awareness or understanding of ihe upcoming permit-
ling process or corrective action, you might use an introductory notice or short fact sheet
to explain the process. As a supplementary technique to provide for two-way communica-
tion, include the name and number of a contact person in the notice and judge by the
response whether interest in the facility or RCRA action increases once the community
learns more about it.
A news release is best used to convey a simple message quickly to a wide audience; it is
not useful for complex information. (Most agencies have a public affairs office, with
which you should coordinate any media relations ^ptivity.) Prepare a news release if you
need to inform members of the community about a newly discovered release and
immediate steps that the agency is taking to protect them. If there is high interest in the
community, you may use news releases when project milestones are reached. If interest is
low, the news media are unlikely to print or broadcast your releases. In either case, a fact
sheet will tell the story more fully.
If your community evaluation and needs assessment shows that community members are
unlikely to read fact sheets and notices mailed to them, consider preparing an exhibit for
display in a regularly frequented place such as a bank lobby or shopping mall entrance.
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Information that might otherwise go into a fact sheet can be distilled into short text and
graphics.
If your resources are limited, ask churches, social groups and other organizations who
distribute newsletters and pamphlets in the community to include your stories and notices
in their publications.
If there appears to be any interest among community members in examining technical
documents, you should set up an information repository or ask the permittee to do so.
Translate your outreach materials and provide an interpreter at meetings and presenta-
tions if you suspect or community members have indicated that they have difficulty
understanding written or spoken English.
ADDITIONAL ACITVmES FOR TWO-WAY COMMUNICATION
Use these activities when you want to engage in dialogue with community members, either
to verify that they understand the information you are disseminating, or to obtain their
input in planning and decisionmaking. Because these activities are interactive, they
require a greater level of effort than activities for one-way information dissemination.
Only one activity for two-way communication, the public hearing, is required under the
RCRA program. However, hearings actually provide very little opportunity for dialogue
because of their formality. Additional activities include:
Community Interviews
Contact Person
Telephone Contacts
Door-to-Door Canvassing
News Conference
Interpreters
Facility Tours
Telephone Hotline
Observation Deck
On-Scene Information Office
Meetings
- Informal Meetings
- Availability Session/Open House
- Workshops
- Briefings
- Presentations.
Community interviews are the basis for in-depth public involvement planning and are also
useful later in the process to evaluate your effort and to develop relationships with mem-
bers of the community who become concerned after the planning phase. Telephone con-
tacts can be used for some interviews and are an efficient way to periodically consult with
local officials and key concerned citizens.
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Use of a contact person can add an interactive dimension to one way information dissemi-
nation techniques such as fact sheets and news releases. It also provides for consistency in
information that is conveyed or received.
Door-to-door canvassing is very labor-intensive, but useful if you need to quickly obtain or
distribute information in a specific area where you need to ensure thorough coverage.
For example, you may need to inform people about health risks of a newly-discovered
release and simultaneously determine their concerns and needs regarding agency actions.
If your community evaluation determined there is high community concern regarding a
facility, or community concern is expected to be high, you may consider setting up an on-
scene information office or an observation deck, arranging for facility tours, or holding
periodic news conferences.
Meetings are another form of two-way communication which can be used throughout the
entire RCRA process. Public hearings are required at decisionmaking points, but can also
be held at other times when you need a formal record of a meeting. In general, the less
formal and smaller a meeting is, the more effective it is for two-way communication.
However, smaller meetings reach fewer people in proportion to the level of effort
required to prepare for them and attend. You must balance the need for one-on-one
contact against your available resources in selecting the appropriate meeting type.
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Planning Activities
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COMMUNITY INTERVIEWS
Description of Activity
Community interviews are informal, face-to-face or telephone interviews held with
local residents, elected officials, community groups, and other individuals interested
in facility activities.
Level of Effort
Community Interviews are a time-intensive activity because of the large amount of
organization required and time needed for interviews. Allow approximately four
hours per interview for research and preparation, the interview itself, and follow-up
activities.
How to Conduct the Activity
To prepare for community interviews:
1. Identity contact people. Begin by contacting the environmental project officer
for the facility, and staff from appropriate state or local health and
environmental agencies. These people should be able to provide some
background information about the facility and provide the names of people who
have expressed interest or concern regarding the project, and the names of
residents living near the facility.
2. Prepare for the interviews. Before conducting the interviews, learn as much as
possible about community concerns regarding the facility. Review any available
agency files that contain news clippings, documents, letters, and other sources of
information relevant to the facility. Identity local residents, key state and local
officials, and citizen organizations that have been involved with or expressed
concern about the facility. While it may not be possible to meet with all
interested parties, staff should determine which individuals are most likely to
provide the greatest variety of perspectives. Prepare a list of questions that can
serve as a general guide when speaking with residents and local officials.
Questions should be asked in a way that stimulates a discussion on a variety of
topics, including:
The interviewee's knowledge of the project;
Specific concerns about the technical and regulatory aspects of the project;
General impressions of community concern;
An historical overview of community involvement;
Recommended methods of communicating with the community as a whole;
and
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COMMUNITY INTERVIEWS (Continued)
The best public meeting facilities and most relied upon media outlets.
With adequate preparation the interviewer can acquire information useful for
developing a public involvement strategy, as well as respond to initial citizen
concerns about the site. It must be emphasized, however, that the primary
purpose of community interviews is to collect, rather than disseminate,
information.
3. Arrange the interviews. Telephone the contact people and arrange a
convenient time and place to meet. Ideally, the meeting place should promote
candid discussions. While government and media representatives are likely to
prefer meeting in their offices during business hours, local residents and
community groups may be available only in non-business hours. Meetings at
their homes may be most convenient.
4. Meet with and interview local government officials. Include a brief
introduction explaining why they are being interviewed and what kind of
information is needed.
5. Meet with residents, community groups, and any other significant or
interested parties. Be sensitive to these people's needs and remind them that
the purpose of the interview is to gather preliminary information for planning
an appropriate program for citizen participation. This reminder should prevent
raising unrealistic expectations.
During the interviews:
1. Assure interviewees that their statements will remain confidential. At the
beginning of each interview, explain that the public involvement strategy will be
presented to agency officials and other interested persons, and will be placed in
an administrative record established for the facility. Explain that the
information will be used to understand community concerns and that a record
of the contact will be made, but the agency will not attribute any specific
statements or information to any individual without his or her permission. Ask
interviewees if they would like their names, addresses, and phone numbers on
the mailing list.
2. Identify other possible contacts. During the discussions, ask lor names and
telephone numbers of other persons who could provide additional information
on the facility, such as district health officials or local ministers. Add these
names to the list of interested citizens.
3. Gather information on past citizen, participation activities. Ask the
interviewees how they perceive the agency's past efforts in providing the
community with information about the facility.
4. Assess how citizens would like to be involved in the RCRA permitting or
corrective action process. Briefly explain the RCRA process and ask the
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COMMUNITY INTERVIEWS (Continued)
interviewees how they would like to be involved and kept informed of progress
made and future developments at the facility. Ask whether they would like to
receive any fact sheets or other information as the action continues. Keep a list
of those who wish to be kept informed.
5. Identify citizens' concerns. When identifying concerns, consider the following
factors:
Threat to health - Do community residents believe their health is or has
been affected by the hazardous substances at the site?
Economic loss Do local homeowners or businesses believe that the
facility has caused them or will cause them economic loss?
Agency credibility -- Does the public have confidence in the capabilities of
the agency responsible for the permitting or corrective action?
Involvement - What groups or organizations in the community have shown
an interest in the facility? Is there a leader who has gained substantial
local following? What has been the working relationship between the
group leader and agency officials? Have community concerns been
considered in the past?
Media - Have events at the facility received substantial coverage by local,
state, or national media? Do local residents believe that media coverage
accurately reflects the nature and intensity of their concerns?
Number affected How many households or businesses perceive
themselves as affected by the facility (adversely or positively)?
Other information -- What is the best way and how often to stay in contact
with the interviewee? What are convenient locations for locating
centralized information (the information repository)? What is the best
place to hold meetings?
to Use
Community interviews should be conducted:
Before developing a public involvement strategy to gauge firsthand the
community's level of interest and concerns in the facility.
Before revising a public involvement strategy, because months, or perhaps years,
may have elapsed since the first round of interviews, and community concerns
may have changed. As the level ot' community concern increases, so does the
need to conduct more extensive assessments. If there has been a lot of
interaction with the community and interested parties, agency information on
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COMMUNITY INTERVIEWS (Continued)
citizen concerns may be current and active. In such situations, it may be
necessary to conduct only a tew informal discussions in person or by telephone
with selected, informed individuals who clearly represent the community. This
small amount of input would verify, update, or round out the information
already available to the lead agency and provide sufficient basis for the
development of a public involvement strategy. The lead agency will decide
which interviews and how many are appropriate to accomplish the objective of
obtaining sufficient information about community needs and concerns to
develop an effective plan.
Accompanying Activities
Because community interviews are held as part of a community assessment to
determine an appropriate public involvement strategy for the facility, these
interviews will generally precede other public involvement activities. Nevertheless,
community interviews will be easier if there is a mailing list of community members
and local officials who have already shown an interest in the facility. Community
interviews also involve making telephone contacts and will identify appropriate
locations for information repositories and public meetings. A public involvement
plan can be prepared based on information generated during the interviews.
Advantages and Disadvantages
Community interviews are an invaluable source of opinions, expectations, and
concerns regarding a RCRA-regulated action, and often present community views
and information that is not stated in the media. In addition, these interviews may
lead to additional information sources. One-on-one interviews can lay the
groundwork for building an open, honest, and positive relationship between the
community and officials responsible for the action. The one-on-one dialogue that
takes place during community interviews provides the basis for a good working
relationship, based on mutual trust, between the public and agency staff. The
community assessment thus serves as an important public involvement technique in
and of itself.
The disadvantages of community interviews is that they may be time consuming and
resource intensive for agency staff.
5-8
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CHECKLIST FOR COMMUNITY INTERVIEWS
Determine number of interviews to be conducted:
Determine dates for interviews:
Identify team to conduct interviews:
Identify individuals to interview
Review facility background files for names of people who have expressed
interest
Identify community leaders to contact
Identify city/state/county officials to contact
Prepare interview questions
Review background information available about the facility and community
Set up interviews
Confirm interviews by mail or phone
Conduct interviews
Ask for additional people to contact
Gather information using prepared interview questions
Follow-Up
Follow-up interview with a thank you letter
Notify the interviewee that the Public Involvement strategy is available in the
repository
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COMMUNITY EVALUATION AND NEEDS ASSESSMENT
Description of Activity
A community assessment is conducted to obtain first-hand information about the
community near a RCRA-regulated facility. During an assessment, interviews are
conducted to gain an understanding of the facility's history, the community's
involvement with the facility, and the range of community concerns regarding the
facility. In addition, the assessment identifies credible sources and providers of
information and identifies how the community would like to be involved in the
RCRA permitting or corrective action process. The community assessment lays the
groundwork for developing an effective public involvement plan for the facility.
The community assessment provides valuable information critical to the
development of an effective public involvement effort.
Level of Effort
A community assessment can be time consuming if there is a high level of interest
in the facility. The level of effort will vary widely depending on the amount of
interest.
How to Conduct the Activity
Every community will be different and will have different needs for information and
participation in the RCRA process. The following gives you an overview of the
kinds of information you need for any facility to get a sense of what you can do to
facilitate public participation in the RCRA process. The answers to these questions
should come out in your background information search: from file searches; talking
to community leaders; and doing community assessment interviews.
1. Who is your community? Depending on what type of RCRA action is taking
place and the level of interest in the community, your outreach program could
be targeted to a very small or a very large audience. Defining your community
will help you develop your mailing list, find convenient locations of an
appropriate size for public meetings, and focus your outreach efforts on
targeted groups. The groups that make up your community may include the
facility's employees; the people who live right next to the site; local businesses;
local elected and agency officials; state and federal elected officials and agency
representatives; the residents in the area who could be affected by the project
(e.g., people living downwind of an incinerator); and organized environmental
groups. Try to gauge the geographical area of interest as you plan your public
involvement program.
2. What do they already know about the facility? Find out what sort of
information the community has received about the facility and whether the
information is adequate to address community concerns.
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COMMUNITY EVALUATION AND NEEDS ASSESSMENT (Continued)
3. What do they want to know? A community may have different ideas than you
do about what information is important to know with regard to a RCRA
facility. Let the community tell you what they need to know, and use that in
developing your informational materials.
4. How do they want to know it? There are many different methods to get
information out to the community-through mailings, meetings, broadcast media,
etc. Let the community tell you which methods work best for them, and use
those methods in your public involvement efforts.
5. Are they particularly concerned about any issues? The community can help
you direct your public involvement program to address the issues of greatest
concern to them.
6. What sort of education do they have? Knowing the general level of knowledge
in the community will help you produce information materials that the
community can understand. There may be a disparate level of knowledge
within the community that requires producing information at more than one
level.
7. What languages do they speak? An increasing number of communities are
multilingual. There may often be times when some of the members of your
target audience do not speak or read English as their primary language. You
then have to decide whether it will be useful to produce fact sheets and other
information in more than one language.
8. Who are the leaders in the community? Community leaders, whether they are
elected officials, civic group presidents, clergy, or active citizens, can help make
your work easier by serving as liaisons between you and the community as a
whole. Community leaders can give you a sense of issues that need to be
addressed and can take your responses back to the community. If you have
built a strong relationship with community leaders, they can provide support for
your decisions in difficult situations. Conversely, if you do not have a good
relationship with community leaders, they may serve as the organizers against
your project.
9. Where/from whom do people get their information? What sources do
community members rely on for information? What are the most widely read
newspapers and most popular radio stations for news? Are there any
individuals (e.g., the mayor) or local agencies (e.g.. the fire department) that the
community looks to for information? The most frequently-used channels for
information are the ones you should be considering when you are planning your
RCRA activities.
10. What groups may have particular interests or needs for specific information?
There may be groups in the community who have a special interest in the
facility, such as environmental groups or local homeowners' associations. These
groups may require more contact and different information than the community
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COMMUNITY EVALUATION AND NEEDS ASSESSMENT (Continued)
in general. Try to identity specific groups and talk with a representative from
each one to determine their level of interest and what additional public
involvement activities might suit their needs.
In your assessments, take into account the fact that interest levels may change as
the project takes shape. The situation can change suddenly if, for instance, activity
related to the RCRA action becomes visible to the public (e.g., construction or
remediation activities) and increases interest in the site. If technical activity is
proceeding rapidly, you may want to check back with some of the people you
interviewed to keep abreast of any changes in public concern.
When to Use
A Community Assessment should be conducted:
Before developing a public involvement strategy to gauge firsthand the
community's level of interest and concerns in the facility.
Before revising a public involvement strategy, because months, or perhaps years,
may have elapsed since the first round of interviews, and community concerns
may have changed. As the level of community concern increases, so does the
need to conduct more extensive assessments. If there has been a lot of
interaction with the community and interested parties, agency information on
citizen concerns may be current and active. In such situations, it may be
necessary to conduct only a few informal discussions in person or by telephone
With selected, informed individuals who clearly represent the community. This
small amount of input would verify, update, or round out the information
already available to the lead agency and provide sufficient basis for the
development of a public involvement strategy. The lead agency will decide
which interviews and how many are appropriate to accomplish the objective of
obtaining sufficient information about community needs and concerns to
develop an effective plan.
To revise a public involvement strategy after the issuance or denial of the
permit application is made.
Accompanying Activities
Because a community assessment is done to determine an appropriate public
involvement strategy for the facility, interviews will generally precede other public
involvement activities. Nevertheless, community interviews will be easier if there is
a mailing list of community members and local officials who have already shown an
interest in the facility. Community interviews also involve making telephone
contacts and will identify appropriate locations for information repositories and
public meetings. A public involvement plan can be prepared based on information
generated during the interviews.
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COMMUNITY EVALUATION AND NEEDS ASSESSMENT (Continued)
Advantages and Disadvantages
Since a RCRA action doesn't take place in a vacuum -- there are other factors that
will influence the public's perception of the project. A community assessment
provides you with the data you need to meet the public involvement needs of the
community better than any other other activity, and is essential for an effective
program. An assessment, however, can be labor intensive.
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CHECKLIST FOR COMMUNITY EVALUATION AND NEEDS ASSESSMEN T
Determine number of evaluations to be conducted
_ Determine dates of evaluation
Ensure that mailing list of local officials and interested community members has
been established
Prepare interview questions
_ Identify individuals to contact
Identify community leaders to interview
Identify other individuals to interview
__ Contact appropriate individuals by telephone
Conduct community interviews (refer to pages 5-5 through 5-9 for information on
conducting community interviews)
Evaluate the information gained during telephone contacts and community
interviews to ensure that you have a clear understanding of the history of the
facility, past and present community involvement with the facility, current
community concerns regarding the facility, and the mannerism in which the
community prefers to interact with Region 9.
_ Develop a Community Evaluation and Needs Assessment
_ Follow-up
Send a thanlc you letter to the person contacted
Notify the person that the Public Involvement Strategy is available in the
repository
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PUBLIC INVOLVEMENT PLAN
Description of Activity
A document that sets forth a community-specific plan for providing information
about the permitting or corrective action processes in a way most usable to
community members and establishes mechanisms for involving the community in the
RCRA process.
Level of Effort
A public involvement plan may take from 20 - 50 hours to complete. The range of
effort depends on the priority of the site and the complexity of the activities
performed at that site. At the high end of the range, the 50-hour public
involvement plan includes 30 hours to write and review the plan; 15 hours to
prepare the final plan; and five hours to distribute the plan.
How to Conduct the Activity
A Public Involvement Plan is based on the information collected during community
interviews. That information is analyzed and organized into a community-specific
plan. Sections of a Public Involvement Plan typically include:
Introduction several paragraphs clearly explaining the purpose of the
document.
Project History - several paragraphs to a page providing an overview of the
project, its technical and regulatory history, and a history of past community
concerns and involvement in the project.
Community Concerns - several paragraphs to a page providing a summary of
the concerns found during the community interviews.
Objectives of the Public Involvement Plan - several paragraphs to several
pages, depending on the objectives, providing a narrative of the major
objectives of the plan. Objectives typically relate to the specific concerns
outlined in the previous section.
Public Involvement Activities -- several paragraphs to several pages, depending
on the plan, describing the specific activities that will be conducted to meet the
objectives outlined in the previous section (e.g., meetings, fact sieets, briefings
for local officials, etc.) and a schedule for conducting these activities.
Appendices - several appendices can be included that provide information on
the key contacts, media contacts, and public meeting and information repository
locations.
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PUBLIC INVOLVEMENT PLAN (Continued)
The activities in a Public Involvement Plan should be tailored to address community
concerns and needs. The plan should include the kinds of activities that are
discussed in this manual.
The plan should be presented in a public document that serves to demonstrate to
the community that the agency listened to specific community concerns and
developed a specific program around those concerns.
When to Use
Public Involvement Plans may be prepared:
At the beginning of the RCRA process to schedule activities and assign
responsibilities;
After community assessment interviews are completed;
Accompanying Activities
A Public. Involvement Plan cannot be developed without conducting at least some
community interviews. The Public Involvement Plan will include the mailing list,
and provide location for information repositories and public hearings.
Advantages and Disadvantages
Public Involvement Plans establish a record of community concerns and needs and a
set of activities to meet those needs. Because the plans are community-specific
they ensure that the community gets the information they need in a fashion that is
most useful and they assist the project staff in making the most efficient use of their
time when interacting with the public.
Community concerns can change significantly and may require that the Public
Involvement Plan be revised periodically. Community interviews may need to be
conducted for each revision. Therefore, Public Involvement Plans must be
considered to be "evolving" documents. Project staff must be prepared to amend
activities or expand activities as the project proceeds.
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CHECKLIST FOR PUBLIC INVOLVEMENT PLAN
Review facility background file
Review comments gathered during the community assessment/community interviews
Write draft public involvement plan
Introduction explains the purpose of the document
Project History -- provides an overview of the project, its technical and
regulatory history, and a history of past community concerns and involvement
in the project (if available)
Community Concerns summary of the concerns identified during the
community interviews
Objectives of the Public Involvement Plan explains the major objectives of
the plan relating to specific concerns outlined in the previous section of the
document
Public Involvement Activities - describes the specific activities to be conducted
to meet the objectives of the plan and schedule
Appendices provide information on key contacts, media, public meeting and
information repository locations.
Coordinate internal review of Public Involvement Plan
Prepare final plan based on comments received during internal review
Distribute plan to information repositories
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REVISION OF PUBLIC INVOLVEMENT PLAN
Description of Activity
Revisions of ail or parts of the Public Involvement Plan for a facility may be done
in order to incorporate new information and developments and reflect changes in
community concern, and adjust public involvement activities to meet these changes.
A revision ensures that the plan remains sensitive to citizens' concerns through final
phases of a permit determination or a corrective action. It also evaluates which
public involvement activities were effective, and which were not.
Level of Effort
Revision of a public involvement plan may take approximately 45 hours to
complete, including 20 hours to review and rewrite the plan and 10 hours to make
recommendations, and conduct additional interviews if needed. If additional
interviews are needed, further time may be required. An additional 15 hours is
needed to prepare and distribute the final plan.
How to Conduct the Activity
A Public Involvement Plan initially outlines the public involvement program
techniques for the first phases of permit review or corrective action. Once a
decision on a permit or corrective action for a facility is made, it is often
appropriate to re-assess the nature and extent of community concerns by conducting
a new round of community assessment interviews and to develop a new schedule of
public involvement activities. Revisions needed will vary from facility to facility.
Public Involvement Plans should be reviewed every two years or as new
developments require.
When to Use
Public Involvement Plans should be revised:
After the Notice of Decision;
When a significant change in community concerns occurs; and
At least every two years for longer-term projects.
Accompanying Activities
The Response to Comments will provide some information to assess the nature and
extent of citizens' concerns after a decision on a permit or corrective action is
made. Additional community interviews can provide further information for
revising the Public Involvement Plan.
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REVISION OF PUBLIC INVOLVEMENT PLAN (Continued)
Advantages and Disadvantages
Revising the plan will help to ensure that the agency continues to respond to
citizens' concerns after determination of a permit or corrective action. Simple
changes also can help a public involvement planner; for example, the contacts list
can incorporate changes in addresses, new telephone numbers, and the names of
new officials.
Agency staff should make certain that there are resources available to implement all
activities identified in the revision.
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CHECKLIST FOR REVISION OF PUBLIC INVOLVEMENT PLAN
Determine need for revision of Public Involvement Plan
Review facility background file
Review comments gathered during the community assessment/community interviews;
also comments received during the public comment period
Revise draft public involvement plan
Introduction - explains the purpose of the document
Project History provides an overview of the project, its technical and
regulatory history, and a history of past community concerns and involvement
in the project (if available)
Community Concerns summary of the concerns identified during the
community interviews
Objectives of the Public Involvement Plan -- explains the major objectives of
the plan relating to specific concerns outlined in the previous section of the
document
Public Involvement Activities - describes the specific activities to be conducted
to meet the objectives of the plan
Appendices - provide information on key contacts, media, public meeting and
information repository locations.
Coordinate internal review of Public Involvement Plan
Prepare final plan based on comments received during internal review
Distribute plan to information repositories
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Required Activities
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MAILING AND DISTRIBUTION LISTS
Description of Activity
A mailing and distribution list is both an important database and an essential
communication tool that allows an agency or organization to reach broad or
targeted audiences with its messages. The better the mailing list, the better the
public outreach and delivery of information. Mailing lists ensure that concerned
community members receive relevant information. Distribution lists are an internal
communication tool that provide a means for all project staff to receive consistent
information about all phases of the project.
Mailing and distribution lists typically include project staff, concerned residents,
local officials, appropriate state and federal regulatory contacts, elected officials,
and local media.
Level of Effort
A mailing list can be developed in conjunction with other public involvement
activities. Depending on the size of the list, inputting information into a computer
can take from one to eight hours. Updating will require approximately two hours
per quarter.
How to Conduct the Activity
To develop and update a mailing list or distribution list, consider the following:
1. Solicit names, addresses, and phone numbers of individuals to be included on
the list. Telephone numbers are useful to have so that you can contact these
individuals for community interviews and to aid you when you update your list.
Individuals to include in your mailing list:
The people interviewed during the community assessment, as well as other
names these people recommend;
All nearby residents and owners of land adjacent to the facility;
Representatives of organizations with a potential interest in an agency
program or action (e.g., outdoor recreation organizations, commerce and
business groups, environmental organizations, health organizations, state
organizations, universities);
Any individual who attends a public meeting, workshop, or informal
meeting related to the facility, or who contact the agency regarding the
facility;
Media representatives;
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MAILING AND DISTRIBUTION LISTS (Continued)
City and county officials;
State agency technical, enforcement, and public affairs staff;
State and Federal agencies with jurisdiction over fish, shellfish, and wildlife
resources;
Key agency officials; and
The permit applicant.
2. Review agency background files to ensure all interested individuals are included
on the mailing list.
3. In a letter or fact sheet sent to a preliminary mailing list based on one and
two above, inform key federal, state, and local officials, citizens, and
potentially interested parties of your activities and the status of upcoming
permit applications or corrective actions. Ask whether they wish to receive
information about this facility. Ask them for accurate addresses and phone
numbers of other people who might be interested in the project.
4. Input information into a computer system so that it can be printed on mailing
labels.
5. Plan to update your mailing list at least annually to ensure its correctness.
Mailing lists can be updated by telephoning each individual on the list, and by
using local telephone and city directories as references.
When to Use
A mailing list is a required public involvement activity for permitting and corrective
action programs.
Develop a mailing list as soon as possible during the permit application
submittal phase, or as soon as the need for a RCRA Facility Investigation is
identified.
Develop a distribution list simultaneously.
Update the mailing and distribution lists regularly.
Accompanying Activities
Mailing and distribution lists containing telephone numbers can be used for
telephone contacts and to arrange and/or conduct community interviews. The
expansion of the mailing list should occur during the community assessment process.
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MAILING AND DISTRIBUTION LISTS (Continued)
Advantages and Disadvantages
Mailing and distribution lists allow RCRA officials to maintain a listing of
individuals and groups interested in the RCRA process. However, they can be
expensive and time consuming to develop and maintain.
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CHECKLIST FOR MAILING/DISTRIBUTION LISTS
Mailing List Development:
Verify Agency format (i.e., name, title, company, address, phone number)
Identify people to be included on the list:
City elected officials (mayor and council)
City staff and appointees (city manager, planning director, committees)
County elected officials (supervisors)
County staff and appointees (administrator, planning director, health director,
committees)
State elected officials (senators, representatives, governor)
State officials (health and environment officials)
Federal elected officials (U.S. Senators, U.S. Representatives)
Federal agency officials (EPA)
Residents living adjacent to facility
Other interested residents
Media
Business groups of associations
Businesses possibly affected by the facility (i.e., located down-wind of facility)
The permit applicant
Consultants working on the project or related projects
Local environmental groups
Other civic groups (i.e., League of Women Voters, government associations,.
churches, homeowner's associations)
State and Federal Ksh and Wildlife Agencies
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CHECKLIST FOR MAILING/DISTRIBUTION LISTS (Continued)
Have list typed
_ Prepare mailing list
Mailing List Updates:
Verify names/addresses by searching telephone directory
Verify names/addresses by searching city directory
Verify names/addresses by calling each individual
Distribution List Development:
Identify appropriate individuals: agency contact address phone
Federal Agencies
_ State Agencies
County Agencies
City Agencies
Other Agencies
Applicant
Prepare standard distribution list
Incorporate into mailing list tor the facility
_ Update annually (see procedures for updating a mailing list)
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PUBLIC NOTICE
Description of Activity
Public notices provide an official announcement of agency activities and plans and
encourage public involvement in agency decisions. The notice announces agency
decisions, major project milestones, public meetings, or solicits public comment on
agency actions.
A public notice must reach the greatest number of people in the affected area as
possible. Thus, public notices often are advertisements printed in a local
newspaper. But, a public notice also can be a flier distributed to the mailing list, or
a story or public service announcement broadcast on local radio stations.
Level of Effort
A public notice may be drafted in an hour or two, depending on the need for
review. Arranging for publication and reviewing the typeset ad before publication
will take approximately one to two hours per newspaper.
How to Conduct the Activity
To prepare a public notice:
1. Identify the community to be reached by the notice. In some cases, there may
be only an informal group of people adjacent to the site that will need to be
informed of site activities, and a display ad in a local or community newspaper
or a mailing may be more appropriate than a city-wide notice.
2. Identify the major media contacts. While there may be many newspapers
serving a particular area, use only one or two for the public notice. In general,
the newspaper with the widest circulation and greatest visibility will reach the
most people and elicit the greatest response. If a radio announcement is made,
identify a radio station with a large target audience (i.e., not hard rock, etc.)
3. Take into account publication schedules. Many local or community
newspapers are published on a weekly or bi-weekly basis. This may make it
difficult to coordinate the publication of the notice with the event. In such a
case, consider using a city-wide newspaper that is published more frequently.
4. Clearly state purpose of the notice. The public notice should highlight the
environmental and health issues of concern, the implications of the issues, and
the decisions to be made.
5. Announce dates, times, and locations clearly in the public notice. When
scheduling an event, make sure that the date and time do not conflict with
other public meetings or holidays.
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PUBLIC NOTICE (Continued)
6. Provide ample notice. Provide at least one week's notice to ensure the greatest
level.of participation possible. Two weeks notice is recommended for public
comment periods. Be sure to state the opening and closing dates for the
comment period.
7. Provide the name, address, and telephone number of the contact person for
more information. For notices that announce the beginning of a comment
period, include the location of the information repository. A clip-out coupon
may be added, allowing interested parties to send their names and addresses to
be included on the mailing list or to obtain more information.
8. If possible review a typeset version of the notice before it is published to
ensure accuracy.
9. Arrange with the newspaper to provide you with at least one "tear sheet", or
proof of publication, for your files.
to Use
A public notice is required at the following technical milestones:
When the draft permit decision is prepared;
When a second section 3008(h) order specifying a proposed remedy is issued
during a corrective action process;
When a draft permit modification specifying a proposed remedy under a
correction action is issued during RCRA permitting;
When the remedy is completed under a corrective action during RCRA
permitting; and
When a facility is closed or partially closed.
Closure equivalency determinations
In addition, public notices may announce:
The beginning of the permit review;
Availability of materials at the information repositories;
Interim corrective measures; and
Other public meetings.
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PUBLIC NOTICE (Continued)
Accompanying Activities
Public notices should announce the availability of fact sheets, as well as the
scheduling of public comment periods and public meetings.
Advantages and Disadvantages
Public notices are an efficient, simple means of alerting the public to important
events. However, public notices should never substitute for other activities that
involve direct communication with the public.
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CHECKLIST FOR PUBLIC NOTICE
Compile information to be included in the public notice:
Name of agency processing the permit or corrective action.
Name, address, and phone number of person from whom interested parties
may obtain additional information.
Name of applicant and description of facility activities.
Purpose of public notice.
If applicable, date, time and location of public hearing (or meeting).
Public participation purpose (see §124.10dv)
Determine distribution method of public notice:
Publication in local newspaper(s)
Name of Newspaper Publication Davs Advertising Deadline
Procurement request or advertising voucher for public notice publication
Obtain price quotes (i.e., cost per column inch)
Determine size of public notice
Determine deadlines tor publication of the public notice
Distribution to facility mailing list
Verify that facility mailing list is up-to-date.
Have mailing labels produced.
Broadcast public service announcements/advertisements
Verity media list
Procurement request or advertising voucher for public notice spots
Obtain price quotes
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CHECKLIST FOR PUBLIC NOTICE (Continued)
Draft public notice
Coordinate review of draft public notice
Prepare final public notice
Receive final approval of public notice
Coordinate placement of the public notice in the local newspaper(s)/coordinate
distribution of the public notice to the facility mailing list/coordinate placement on
broadcast stations (air times)
If placed in local newspaper(s), request proof of publication copies; file proof
in facility file
If aired on broadcast stations, request proof of airing.
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FACT SHEETS/STATEMENTS OF BASIS
Description of Activity
A tact sheet or statement of basis is a brief document summarizing the current
status of a permit application or proposed corrective action. These present
technical and/or enforcement information in a format that uses clear and
understandable language. They vary in length from simple two-page layouts to 12-
page layouts complete with graphic illustrations and glossaries. A fact sheet issued
to explain the basis of EPA's decision to issue or deny a permit is sometimes called
a "Statement of Basis."
Fact sheets help ensure that the public is informed of the status of a permit
application or a corrective action in a consistent fashion, and that citizens
understand the issues associated with the RCRA programs.
Level of Effort
Fact sheets may take from one day to one week to write, depending on the
complexity. Allow time for several rounds of revisions. Allow three days for
printing. Short Cut: Use already developed RCRA templates with graphics that
are on file at EPA.
How to Conduct the Activity
To develop fact sheets or statements of basis you should first identify the phases
during the process where fact sheets would be useful. For instance, fact sheets
have proven helpful:
Upon submission of the permit application;
At the beginning of the corrective action;
When findings of the RCRA Facility Investigation are available;
When the corrective action is completed; and
When the Notice of Decision is released.
Fact sheets also may be appropriate when the RCRA Facility Assessment is
completed. In addition to the various stages of the permit application and review,
fact sheets can be written to explain a facility inspection, n new technology, or an
emergency action
For each fact sheet, the information that must be conveyed must first be
determined. Types of information to include are:
A brief background on the site;
A timetable for the proposed action(s);
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FACT SHEETS/STATEMENTS OF BASIS (Continued)
A description of the issues associated with the facility;
A description of the corrective action alternatives being considered;
A description of public participation opportunities during the permit or cleanup
process;
The name, address, and phone number of an agency contact person who will
provide additional information on request; and
The location of information repositories where material is available to the
public for review.
Select a simple format for presenting the information. Avoid using bureaucratic
jargon, acronyms, or technical language in the text, and be concise.
Have the fact sheet printed and distributed.
When to Use
A fact sheet is required:
After the preparation of the draft permit decision;
After the selection of a proposed remedy in a corrective action during RCRA
permitting; and
After the issuance of a second order in a corrective action process under
section 3008(h).
Fact sheets also are appropriate:
Whenever new information is available; or
To announce a public comment period or public meeting.
Accompanying Activities
Public involvement staff working on RCRA facilities have found that Tact sheets can
be a particularly useful technique if distributed in advance of a public meeting or
public hearing. Fact sheets can provide basic information that can be elaborated
upon at the public meeting or hearing. Fact sheets should always include the name
of a contact person, who can provide further information. If a general fact sheet is
available when community interviews are conducted, it may be distributed to
community members interviewed for the public involvement plan. Fact sheets also
can be used to update the mailing lists by providing a mailback coupon for mailing
list activities.
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FACT SHEETS/STATEMENTS OF BASIS (Continued)
Advantages and Disadvantages
Fact sheets are effective in summarizing facts and issues involved in permitting and
corrective action processes. Fact sheets allow the regulatory agency to
communicate to the public and the media in a consistent voice. Produced
throughout the permitting or corrective actions processes, fact sheets serve to
educate the public about the regulatory process as well as the technical RCRA
issues and can aid in creating a general community understanding of the project.
They can be produced relatively inexpensively and distributed easily and^directly to
the general public. Fact sheets also can be tailored to reach a wide audience or a
specific group. Fact sheets can be tailored to meet specific information needs
identified during community assessments.
However, a poorly written fact sheet can be misleading or confusing. Fact sheets
that are not written in an objective style can be perceived as being too "persuasive"
and considered "propaganda" by mistrusting communities. Fact sheets also are a
one-way communication tool, and therefore should always provide the name and
telephone number of a contact person to encourage comments and questions.
Fact sheets should look professional. People will be less likely to read fact sheets
consisting of a solid sheet of typed text than a fact sheet that has been typeset with
clear, easy-to-read illustrations. Moreover, a well-designed fact sheet suggests that
the agency is taking its public involvement program seriously.
The production of fact sheets should be coordinated among technical and public
involvement staffs. Technical staff should review fact sheets to ensure that the
information conveyed is accurate and thorough. Public involvement staff should
review fact sheets to ensure that the communication goals are being met.
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CHECKLIST FOR FACT SHEET/STATEMENT OF BASIS
Determine purpose and focus of fact sheet
Develop outline
Organize contents in a logical manner
Determine appropriate graphics
Verify mailing list is up-to-date
Request mailing labels
Coordinate preparation of fact sheet with public involvement coordinator (and
contractor, if appropriate)
Draft text
__ Draft graphics
Draft layout
_ Place mailing coupon on reverse side of mailing label
Coordinate internal review of fact sheet
Incorporate revisions into final fact sheet
Proofread final fact sheet
Coordinate printing of fact sheet with public involvement coordinator
Select paper weight, ink color, and color paper
Print fact sheet
Mail fact sheet
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PUBLIC COMMENT PERIOD
Description of Activity
A public comment period is a designated time period in which comments from
citizens are formally accepted by the agency responsible tor the RCRA permitting
or corrective action process. A public comment period allows citizens to formally
review and comment on the agency's proposed course of action. A public comment
period is followed by a formal response to comments.
Level of Effort
Providing notice of the public comment period, receiving comments and organizing
comments will take approximately 40 hours, depending on the number of comments
received.
How to Conduct the Activity
To hold a public comment period:
1. Announce the public comment period in a local newspaper of general
circulation. The announcement also should be included in the fact sheet
required for a draft permit or proposed remedy selection under corrective
action. Identify where copies of the facility-related documents can be found,
and to whom all written comments should be submitted.
2. Identify a contact person within the agency who will receive comments and
answer citizens' questions regarding the public comment period. Publicize the
name and telephone number of this contact person.
3. Document with a memo to the file or Record of Communication any comments
expressed that are not received in written form.
4. Organize all comments, both oral and written, into key categories tor use in
preparing the response to comments. The response to comments is explained
on page 4-43.
When to Use
A minimum 45-day public comment period is required for major RCRA permits,
including modifications to permits to incorporate proposed remedy selection tor
corrective actions.
Accompanying Activities
RCRA requires that the agency conduct a public hearing if requested by a member
of the public during the public comment period. Announce the hearing through a
public notice and through a fact sheet, if one is prepared in advance. Have a court
reporter at the meeting to record any comments presented orally, and to create a
record of the hearing.
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PUBLIC COMMENT PERIOD (Continued)
Comments received during the public comment period must be discussed in a
written Response to Comments. Additional activities such as briefings for local
officials, informal meetings, and presentations to special interest groups and local
social and civic organizations should be conducted when public meetings are not
required but solicitation of comments is needed.
Advantages and Disadvantages
Public comment periods allow citizens to comment on agency proposals and to have
their comments incorporated into the formal public record.
However, public comment periods only allow indirect communication between
citizens and agency officials because, in some cases, the formal responses to the
comments may not be provided for some time. Also, in some cases, comments may
not be responded to individually. A public involvement program should provide
other activities that allow dialogue between agency officials and the community.
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CHECKLIST FOR PUBLIC COMMENT PERIOD
Determine dates of public comment period (minimum of 45 days)
Dates:
Determine contact person within the agency who will answer citizens' questions
regarding the public comment period
Announce public comment period through a public notice
If requested by a member of the public during the comment period, schedule a
public hearing
Document with a memo to the file or Record of Communication any comments
expressed that were not received in written form
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PUBLIC HEARINGS
Description of Activity
Public hearings are the most formal type of meeting with the public. Public
hearings provide an opportunity for formal comment and testimony on proposed
actions. Occasionally the permitting agency will present information and engage in
dialogue with the community. All testimony received becomes part of the public
record.
Level of Effort
A public hearing may take approximately 30 hours total. This includes arranging
for a public hearing, including the location, hearing logistics, and agenda
preparation, which may take approximately eight hours. The notice for the hearing
will take approximately two hours. A dry-run of the presentations, or a hearing
rehearsal, will take approximately four hours. If materials will be provided to
attenders, budget at least eight hours, depending on the number of materials
needed. Plan for at least eight hours the day of the hearing to allow time for set-
up and the actual hearing.
How to Conduct the Activity
To conduct public hearings:
1. Anticipate the audience and the issues of concern. Identify the audience's
objectives, expectations, and desired results. With this information you will be
able to anticipate if the hearing will be confrontational in nature, or if the
audience will need more detailed information about a permit or corrective
action. Anticipate the need for a translator if a large part of your audience
does not speak of understand English.
2. Schedule the hearing location and time so thai citizens (particularly
handicapped individuals) have easy access. Identity and follow any procedures
established by the local and state governments tor public hearings. Ensure the
availability of sufficient seating, microphones, lighting, and recorders. Consider
holding the hearing in the evening or on a weekend to accommodate the
majority of concerned citizens.
3. Announce the public hearing at least 30 days before the hearing date. Provide
notice of the hearing in local newspapers and mailings to interested citizens.
Make follow-up phone calls to likely participants to ensure that the notice has
been received.
4. Provide an opportunity for people to submit written comments. Not all
individuals will want to provide oral testimony. Publicize where written
comments can be submitted and how they will be reviewed.
5. Provide a transcript of all oral and written comments. Announce where the
transcript will be available for public review.
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PUBLIC HEARINGS (Continued)
When to Use
Public hearings must be held:
When requested by a member of the public during a public comment period on
a permit, closure, or corrective action. Once requested, hearings require a
minimum 30-days advance notice.
Public hearings are usually conducted during the public comment period
following the issuance of a draft permit, permit modification, or at the selection
of a proposed corrective measure.
Public hearings may be appropriate at other times during the process, especially
when the level of community mistrust is such that you need a formal record of
communication.
Accompanying Activities
Fact sheets providing background information about the proposed decision or
corrective measure can be mailed out in advance or distributed at public hearings.
If a hearing is held to solicit comments on either a draft permit decision or
proposed corrective measure, a Response to Comments must be prepared. This
documents ail public comments submitted and includes the agency's responses to
these comments. An educational workshop may be useful one or two weeks before
the public hearing to explain technical aspects of the proposed decision or
corrective measure.
Advantages and Disadvantages
A hearing provides a record of communication so citizens can be sure that their
concerns and ideas reach the agency. Public hearings should generally not serve as
the only forum for citizen input. They occur at the end of a process that should
have given the public earlier access to information and opportunities for
involvement. TTie public may be reluctant to become actively involved in the permit
process or corrective action issues. Meet citizens' needs for information before a
formal hearing with techniques such as fact sheets, small-group meetings, and one-
on-one briefings.
The formality during a public hearing often creates an atmosphere of "us versus
them." There may be little opportunity to answer citizen questions, which may be
frustrating to some.
A high level of citizen concern may precipitate a disorderly public hearing, where
citizen groups have a platform for presenting their positions. The hearing can
easily become an adversarial confrontation. One way to avoid hostility or
confrontation is to make sure the community has had an opportunity to express
concerns in a less formal setting prior to the hearing. More frequent contact with
concerned citizens before a formal public meeting decreases the chance of
confrontations.
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CHECKLIST FOR PUBLIC HEARINGS
Determine location(s) for public hearing (complete for each available facility)
Facility name, location
Contact person at facility
Phone number
Occupancy size
Handicap accessibility
Features:
Restrooms
Public telephones
_Adequate parking
Security
Determine date, time of public hearing:
Date:
Time:
Confirm hearing facility availability (if facility not available, determine new facility
br new hearing date)
Announce the public hearing through a public notice in at least one newspaper 30
days prior to the hearing
Notify key agencies
Determine presentation requirements
Electrical outlets
Extension cords
Accessible lighting control panel
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CHECKLIST FOR PUBLIC HEARINGS (Continued)
Window covers
Podium
Stage
Table(s) and chairs for panel
Table skirt
Water pitcher and glasses
Sound system
Microphones (stand, tabletop, lavaliere)
Cables
Speakers
Technician/engineers available for hearing
Visual aids
Slides
Slide projector
Extra projector bulbs
Flip chart
Flip chart markers
Overhead transparencies
Overhead machine
VCR and monitor
Screen
Table for projection equipment
Security personnel
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CHECKLIST FOR PUBLIC HEARINGS (Continued)
Table for court reporter
Registration table
Registration cards
Writing pens
Signs
Miscellaneous supplies:
Scissors
Tape (masking, transparent)
Thumbtacks
Public information materials (fact sheets, etc.)
Prepare meeting agenda
Determine hearing participants/speakers
Prepare opening comments for hearing officer
Arrange and conduct at least one rehearsal
Arrange contingency planning, decide what to do if:
more people show up than capacity
the crowd becomes disruptive
Coordinate with public involvement coordinator on notification of the media
Set date and time lor debriefing following the hearing
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NOTICE OF DECISION
Description of Activity
A Notice of Decision presents the agency's decision regarding permit issuance or
denial, permit modifications, or a proposed remedy. The Notice of Decision is
based on information and technical analysis generated in a permit application.
RCRA Facility Investigation. Corrective Measures Study, or public comments and
community concerns.
Level of Effort
A Notice of Decision may take approximately one week to write, depending on the
complexity. Allow time for several rounds of revisions. If you need to develop
graphics, such as site maps, allow two hours per graphic.
How to Conduct the Activity
To prepare a Notice of Decision, the project manager, public involvement
coordinator and regional counsel should coordinate efforts to ensure that the notice
is technically accurate, satisfies statutory requirements, and provides the public with
all necessary information in a clear and concise style.
The Notice should include a summary of all investigation findings and specify what
decision has been made and the basis for that decision. The Response to
Comments also should be included as an integral part of the Notice.
Interested parties on the facility mailing list should be notified of the decision and a
copy of the Notice of Decision should be placed in the facility's information
repository.
When to Use
A Notice of Decision is required:
When a permit decision has been finalized following the 45-day public comment
period;
When the Agency proposes a draft permit modification, proposed remedy, or
selection of remedy in the RCRA corrective action process during RCRA
permitting; and
When the Agency proposes a remedy or issues a second section 3008(h) order
in the RCRA corrective action process under a section 3008(h) order.
Accompanying Activities
A public notice, fact sheets, availability session, and workshops may accompany the
Notice of Decision. A Response to Comments must accompany the Notice of
Decision.
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NOTICE OF DECISION (Continued)
Advantages and Disadvantages
The Notice of Decision provides a clear, concise public record of the decision.
However, the Notice of Decision should not substitute for other activities that
involve direct two-way communication with the public.
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CHECKLIST FOR NOTICE OF DECISION
Determine contents of Notice of Decision
Summary of all investigation findings
Decision made and basis for that decision
Response to Comments
Coordinate writing of Notice of Decision; ensure that the Notice is:
Technically accurate
Satisfies statutory requirements
m. Provides the public with all necessary information in a clear and concise
manner
Coordinate internal review of Notice of Decision
Prepare final Notice of Decision based on internal review comments
Notify individuals on the facility mailing list of the decision
Place copy of the Notice of Decision in the Administrative Record and the
Information Repository
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RESPONSE TO COMMENTS
Description of Activity
A Response to Comments summarizes all comments received during a public
comment period, and documents the agency's response to those comments.
Comments are obtained from transcripts of public hearings, public meetings, and
letters received by project staff. The response document serves two purposes.
First, it provides the decision-maker with a formal record of the views of the public,
government agencies, and the facility regarding the proposed action. Second, it
documents how comments have been considered during the decision-making process
and provides answers to all comments.
Level of Effort
A Response to Comments is a time-intensive activity because of the large amount
of organization and review needed. On average allow five hours per comment for
completion, as some questions may take only a few minutes to answer while others
may involve in-depth technical research and take hours to answer.
How to Conduct the Activity
A Response to Comments is intended to provide responses to comments that can
deal thoroughly with complicated legal and technical issues. The Response to
Comments should be responsive to the local community by being understandable
and not written as a technical document. The document should be divided into two
parts:
Part I is a summary of commenters' major issues and concerns and expressly
acknowledges and responds to those issues raised by the local community.
"Local community" means those individuals who have identified themselves as
living in the immediate vicinity of a facility. These may include local
homeowners, businesses, the municipality, and facility employees. Pari [ should
be'presented by subject and should be written in a clear, concise, easy 10
understand manner suitable for the public.
Part II is a comprehensive response to significant comments. It includes the
specific legal and technical questions and, if necessary, will elaborate with
technical detail on answers covered in Part I. It also should be divided
according to subjects.
The importance of the first part is in its simplicity and accessibility of both its
language and presentation. Because both parts will inevitably deal with similar or
overlapping issues, the response to comments should state clearly that any points of
conflict or ambiguity between the two parts shall be resolved in favor of the
detailed technical and legal presentation in the second part.
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RESPONSE TO COMMENTS (Continued)
In addition, the Response to Comments should include a summary that includes the
following:
The number of meetings, mailings, public notices, and hearings at which the
public was informed or consulted about the project;
The extent to which citizen's views were taken into account in decision-making;
and
The specific changes, if any, in the project design or scope that occurred as a
result of citizen input.
Because this process is complicated and resource intensive, it requires close
coordination among ail concerned. In order to effectively address all public
comments, responsibilities for the comments should be assigned to staff. A
schedule for providing responses should be established according to deadlines for
providing the responses. Also, it is important to be certain that all comments are
addressed. A system of numbering all comments as they are received by project
staff, and referring to these numbers in all internal drafts of the response may be
appropriate.
When to Use
A Response to Comments is required for any action where a Notice of Decision is
required.
Accompanying Activities
A Response to Comments accompanies the Notice of Decision.
Advantages and Disadvantages
A Response to Comments provides a clear record of community concerns for the
agency so that this information can be considered in selecting the appropriate
response. It provides the public with evidence that their input is considered by
decision makers. The summary also is an aid in evaluating past public involvement
efforts and planning for subsequent activities.
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CHECKLIST FOR RESPONSE TO COMMENTS
After reviewing comments, determine organization of document
Determine groups, subgroups of comments
Where applicable, paraphrase and summarize comments
Write a response for each comment, group or subgroup of comments
Prepare an introductory statement including:
A summary of the number and effectiveness of meetings, mailing, public
notices, and hearings at which the public was informed or consulted about the
project
The numbers and kinds of diverse interests which were involved in the project
Prepare a summary statement including:
The extent to which citizen's views were taken into account in decision-making
The specific changes, if any, in the project design or scope that occurred as a
result of citizen input.
Coordinate internal review of the Response to Comments with all necessary
departments (public affairs, technical, legal)
Prepare final Response to Comments
Distribute Response to Comments to:
Repository
Applicant
Each individual who makes written or oral comments
Individuals who requested to receive the Response to Comments
Appropriate Agency Officials
Administrative Record
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'
Additional Activities for One-Way
Information Dissemination
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INTRODUCTORY NOTICE
Description of Activity
An introductory notice explains the agency's permit application review process or
the correction action process and the opportunities for public involvement in that
process.
Level of Effort
The amount of time needed to prepare an introductory notice is based on whether
the notice is prepared as a public notice, a fact sheet, or a direct mail flier. If
prepared as a public notice, allow two to four hours for writing, review, and
placement in newspapers. If prepared as a fact sheet, allow from one day to one
week to write and review, two hours for each graphic included, and three days for
printing. If prepared as a direct mail flier, allow for three to six hours for writing,
review, and mailing.
How to Conduct the Activity
To prepare an introductory notice:
1. Determine the best method to explain the permit application review process.
An introductory notice can be presented as a public notice, a fact sheet, or a
direct mail flier distributed to the facility mailing list.
2. Prepare and distribute the notice. Coordinate the writing and distribution of
the notice with the public involvement coordinator. Take care to write the
notice avoiding technical terms and jargon.
3. Include an information contact. Provide the name, address, and phone number
of a contact person that the public can call if they have questions or need
additional information about the facility. You might add a return slip to the
notice for people to complete and return to the agency if they would like
additional information or to be placed on the facility mailing list.
When to Use
An Introductory Notice can be used:
When you find the community knows little or nothing about the RCRA
process; and
When you need to notify the public of how they can become involved in the
RCRA process.
Accompanying Activities
Informal meetings, availability sessions/open houses, or workshops may be
conducted following release of the notice.
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INTRODUCTORY NOTICE (Continued)
Advantages and Disadvantages
An introductory notice informs the public about the agency's permit application
review process and how they can be involved in the process. However, the notice is
a one-way communication tool. A contact person should be provided on the notice
so that interested members of the community can call this person if they have
questions.
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CHECKLIST FOR INTRODUCTORY NOTICE
Determine how you will distribute the notice.
Public notice in newspaper
Fact sheet
Verify facility mailing list is up-to-date
Request mailing labels
Mailing to facility mailing list
Verify facility mailing list is up-to-date
_ Request mailing labels
Coordinate distribution with public involvement coordinator
Prepare draft introductory notice
. Coordinate internal review of introductory notice
Write final introductory notice based on comments received during the internal
review
Distribute introductory notice
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INFORMATION REPOSITORY
Description of Activity
The information repository is a project file or repository containing facility
information, documents, and general information about the RCRA program. The
repository allows open and convenient public access to all facility-related documents
approved by the agency for public disclosure.
Level of Effort
Depending on the amount of documentation available, the Information Repository
may take up to 40 hours to establish, including compiling and indexing documents
and arranging for placement in a library or other location. Updating may take up
to 10 hours per quarter. The public notice announcing the availability of the
Information Repository may take between two to four hours to write, review, and
place in newspapers.
How to Conduct the Activity
To establish an information repository;
1. Determine a location early in the process. One or more locations may be
identified during community interviews. Typical locations are local public
libraries, town halls, or public health offices. Ensure that someone is identified
as the information repository contact who can make sure that the information is
kept orderly and accessible.
Depending on the level of community concerns, or the location of the facility
relative to the surrounding communities, more than one repository may be
desirable. For example, if a county seat is several miles from the RCRA-
regulated facility, and county officials have expressed a strong interest in the
site^, two repositories may be advisable: one in the community closest to the
facility itself, and the other in the county seat. At least one repository should
be open during evening hours and on weekends. The repository should also be
accessible to the handicapped.
2. Select and deposit the muterials to be included in the file. At a minimum, the
repository for RCRA activities should include copies of the following:
Background information on the company or facility;
Public Involvement Plan (if developed);
Fact sheet on the draft permit or corrective action plan;
Notice of Decision;
Response to Comments; and
Copies of relevant RCRA guidance and regulations.
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INFORMATION REPOSITORY (Continued)
The following materials also are strongly suggested for the repository:
A copy of the Cooperative Agreement, if the state is the lead agency for
the project;
Documentation of site sampling results;
Brochures, fact sheets, and other information about the specific facility
(including past enforcement history);
Copies of news releases and clippings referring to the site; and
Any other relevant material (e.g., published studies on the potential risks
associated with specific chemicals that have been found stored at the
facility).
The documents should be organized into binders that are easy to use and
convenient for the on-site repository host. For projects that involve a large
amount of documentation, separate file boxes should be provided as a
convenience to the repositoiy host to ensure that the documents remain
organized.
3. Publicize the existence of the repository. Notify local government officials,
citizen groups, and the local media of the location of the project file and hours
of availability. Newsletters of local community organizations and church groups
are another means of notifying the public.
4. Keep the repository up-to-date by sending new documents to it as they are
generated. For some projects that are of high community interest, or are
controversial, several copies of key documents may need to be provided so that
they can circulate within the community by being checked out of the repository.
When to Use
An Information Repository is used:
When the Regional Administrator or Division Director requires that an
information repository be provided.
When interest in the facility is high md ihe public needs convenient access to
relevant facility documents.
Accompanying Activities
The contact person should be responsible for making sure that all relevant materials
have been filed in the repository.
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INFORMATION REPOSITORY (Continued)
Advantages and Disadvantages
An information repository provides local officials, citizens, and the media with easy
access to accurate, detailed, and current data about the facility. It demonstrates
that officials are responsive to citizens' needs for comprehensive information on the
facility.
An information repository is a one-way communication tool and does not allow for
interaction between the agency and citizen. The information repository also
includes technical material which citizens may find difficult to understand.
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CHECKLIST FOR INFORMATION REPOSITORY
Determine location of Information Repository (may be the same as the
Administrative Record)
Establish contact with the director of the location determined above
_ Mail a letter confirming the location of the Information Repository
Coordinate internally the compilation of documents to be included in the
Information Repository
Support required
Documents sequentially numbered
Index prepared
Documents placed in notebooks
Deliver documents to location determined above
Have location director sign a letter/memo acknowledging receipt of the
documents
Place public notice in local newspaper(s) indicating'the availability of the
Information Repository
Update the Information Repository as key public documents are available and at
key technical milestones
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EXHIBITS
Description of Activity
Exhibits are visual displays such as maps, charts, diagrams, or photographs. These
may be accompanied by a brief text explaining the displays and the purpose of the
exhibit. Exhibits allow you to illustrate in a creative and informative display issues
such as health risks or proposed corrective actions. They make technical
information or the RCRA program more accessible and understandable.
Level of Effort
Exhibits may take from one day to one week to write, design and produce
depending on the complexity of the exhibit. Allow time for review of the exhibit's
design and concept. Short Cut: EPA has developed a set of generic posterboards
that may be used as part of an exhibit.
How to Conduct the Activity
To develop and display an exhibit:
1. Identity the target audience and the message. Possible audiences include:
General public;
Concerned citizens;
Environmental groups;
Media representatives; and
Public officials.
2. Clarify the message. Possible messages include:
The RCRA program or the permit or corrective action process:
Historical background on the facility;
Public involvement activities;
Technologies of compliance or corrective action; and
Health and safety effects associated with the facility.
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EXHIBITS (Continued)
3. Determine where the exhibit will be set up. If the general public is the target
audience, for example, assemble the exhibit in a highly visible location, such as a
public library, convention hall, or a shopping center. If concerned citizens are
the target audience, set up a temporary exhibit at a public meeting, availability
session/open house, or informal meeting. An exhibit could even be as simple
as a bulletin board at the site or staff trailer.
4. Design the exhibit and its scale according to the message to be transmitted.
Include photos or illustrations. Use text sparingly.
When to Use
Exhibits can be used:
When level of interest in the facility is moderate to high;
When information to be conveyed can be explained graphically;
When staff time is limited and the audience is larger
When a display can enhance other information being distributed; and
When displays will be useful over long periods of time and at different facilities
(e.g., generic posterboards on RCRA process).
Accompanying Activities
Exhibits are useful to display at public meetings or public hearings. If an
observation deck is installed at a site, a nearby exhibit could explain corrective
action or compliance activities underway.
Advantages and Disadvantages
Exhibits tend to stimulate public interest and understanding. While a news clipping
may be glanced at and easily forgotten, exhibits have a visual impact and leave a
lasting impression. Exhibits also can convey information to a lot of people with a
low level of effort.
Although exhibits inform the public, they are a one-way communication tool. One
solution to this drawback is to attach blank postcards to the exhibit, encouraging
viewers to comment or submit inquiries by mail to the agency. Another approach is
to leave the phone number of the contact who can answer questions during working
hours. However, these requests must be answered or citizens may perceive the
agency as being unresponsive to their concerns.
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CHECKLIST FOR EXHIBITS
Determine purpose, use of exhibit
Identify the audience
Clarify the message
Determine where and how the exhibit will be displayed
Free-standing
Table-top display
Will the exhibit need to be easily transported?
Coordinate design and construction with public involvement coordinator (and
contractors, if available)
Write copy
Determine graphics
Design the exhibit
Coordinate review of the design, tract, and graphics
Complete the exhibit based on review comments
naHBB^BS&Bssssg^BaBMnasBaasiBSBBSsnBRBaaMBnBBBBBBnaannsrnKKSEssssnnsssssBssBssssKss:
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NEWS RELEASES
Description of Activity
News releases are statements released to the news media that discuss RCRA-
regulated actions proposed by the lead agency. News releases allow the agency to
make an official statement at milestones in the RCRA process, such as a decision
on a permit or completion of a corrective action.
News releases can effectively and quickly disseminate information to large numbers
of people. They also may be used to announce public meetings, report the results
of public meetings, and describe how citizen concerns were considered in the permit
decision or corrective action.
Level of EfTort
News releases may take between two and four hours to write, review, and distribute
to the media.
How to Conduct the Activity
To prepare news releases:
1. Consult with external affairs personnel who regularly work with the local
media. External affairs personnel may be able to assist in drafting the news
release or provide other helpful suggestions. External affairs personnel will also
assure that you adhere to agency policy on news releases.
2. Identity the relevant regional and local newspapers and broadcast media, and
learn their deadlines. Get to know the editor and environmental reporter who
might cover the issue.
3. Contact other involved agencies at the federal, state, and local level to ensure
that all facts and procedures are coordinated and correct before releasing any
statement.
4. Select the information to be communicated. Place the most important and
newsworthy elements up front and present additional information in descending
order of importance. Enlist the aid of a public involvement specialist in writing
the release. When a draft permit is completed the news release should contain
the following facts:
Name of the facility applying for the permit;
Statement of why the permit is needed;
Statement of what regulations are being met by the permit; and
Next steps.
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NEWS RELEASES (Continued)
Use supporting paragraphs to elaborate on other pertinent information.
Mention opportunities for public participation (i.e., public meetings, etc.) and
contact persons and cite factors that might contribute to earlier implementation
or delays in the corrective action or permit processing. Note the location of the
information repository or other sources for relevant documents.
5. Be brief. Limit the news release to essential facts and issues.
6. Use simple language. Avoid the use of professional jargon and overly technical
words.
7. Identify the agency issuing the news release. The top of the sheet should
include:
Name and address of the issuing agency;
Release time ("For Immediate Release" or "Please Observe Embargo
Until") and date;
Name and phone number of the contact person for further information;
and
Headline summarizing the action taken.
8. Send copies of the release to local officials and citizen group leaders before
the release is given to the news media.
When to Use
News releases can be used:
When significant findings are made at the site or during the process;
When program milestones are reached;
When schedules are delayed;
Before a public meeting to announce subject, time, place; and
A news release should not be issued at times when it may be difficult to < 21 in
touch with responsible officials (e.g., Friday afternoons, or the day before a
holiday).
Accompanying Activities
News releases can accompany any formal public hearings or public meetings held by
the agency or the state. They commonly accompany news conferences. They
should include the name of the contact person should interested reporters want
more information.
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NEWS RELEASES (Continued)
Advantages and Disadvantages
A news release to the local media can reach a large audience quickly and
inexpensively. If the name, address, and phone number of a contact person are
included, reporters and possibly interested community members can raise questions
about the information in the release.
Because news releases must be brief, they often exclude details in which the public
may be interested. A news release should therefore be used in conjunction with
other methods of communication that permit more attention to detail. A news
release is not an appropriate vehicle for transmitting sensitive information. In some
cases, a news release can call unwarranted attention to a situation; a mailing to
selected individuals should be considered instead. Frequent use of news releases to
announce smaller actions may reduce the impact of news releases concerning larger
agency activities.
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CHECKLIST FOR NEWS RELEASES
Coordinate news releases with the Agency Public Affairs Office
Determine purpose of news release
Coordinate writing and distribution of release with the public involvement
coordinator
Verify that media mailing list is up-to-date
Request mailing labels
Write draft news release
Type and double space news release
Indicate the source of the news release (i.e^ in the upper-left-hand comer, put
the name and phone number of the person writing the release, along with the
agency or department name and address)
Provide release instructions (i.e., "For Immediate Release")
Date the news release
Write concisely; avoid technical terms and jargon
Number pages; if more than one page is needed, put" - more at the center
bottom of the page that is to be continued; succeeding pages should be
numbered and "slugged" with an identifying headline or reference (i.e.. "EPA --
2"); when you come to the end of the news release, indicate the end with one
of the following: - 30 ####, or -- END --.
Coordinate internal review of news release
Prepare final news release based on review comments
Distribute news release to local media
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TRANSLATIONS
Description of Activity
Translations provide written or verbal information in a foreign language to a
predominantly non-English speaking community. There are two types of
translations:
A written translation of materials originally written in English;
A simultaneous verbal translation (i.e., word by word) of a public meeting or
news conference, usually with small headsets and a radio transmitter.
Translations ensure that alt community members are informed about activities at a
facility and have the opportunity to participate in the decision-making process.
Level of £fTort
The amount of time needed to translate a document depends on the length of the
document and the complexity of the information in the document. You should
allow several days for the translation. Short Cut: Utilize in-house staff for your
translations.
How to Conduct the Activity
To develop a successful translation:
1. Evaluate the need for a translation. Evaluate the demographic characteristics of
the community as well as the type of public involvement activities being
planned. Consider whether citizens' ability to take part in a public involvement
activity is limited by their inability to speak or understand English.
2. Identify and evaluate translation services. A successful translation depends on
the skill of the translator. More problems may be created than solved it
inaccurate or imprecise information is given. Many translators will not be
familiar with the technical terms associated with hazardous materials and few, if
any. will be familiar with the RCRA permitting and corrective action processes.
This problem may be further compounded in the case of verbal translations
(especially simultaneous translations) as there is no time for review or quality
control. Thus, it is necessary to contract someone with experience in translating
technical information. If possible, arrange to have another person, preferably a
staff member who can speak or read the appropriate foreign language, check
the translator's work to ensure that the content and lone are in keeping with
the agency's intent. You also need to ensure that the translator uses the same
dialect as those in your intended audience.
3. Avoid the use of jargon or highly technical terms. As a matter of standard
practice, a staff member should go over in advance all technical and RCRA
terms that may cause problems with the translator.
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TRANSLATIONS (Continued)
4. For verbal presentations, public meetings, and news conferences, plan what to
say ahead of time. If the translator has a prepared written speech to work with
in advance, there is more time to work out any vocabulary "bugs" and thereby
reduce the chances of faltering over unfamiliar material or making inaccurate
word choices. If possible, practice with the translator before the actual meeting
or presentation date.
5: Anticipate questions from the audience and reporters, and have at least the
technical aspects (e.g., chemical names, statistics) of the answers translated in
advance.
When to Use
A translation can be used:
When a large percentage of the community is non-English speaking. A written
translation should be provided for fact sheets or letters, unless a presentation or
public meeting would be more appropriate (e.g., the literacy rate among the
foreign-speaking community is low).
Verbal translations are recommended where there is considerable concern over
the facility, extreme hostility, or suspicion of the lead agency's efforts to
communicate with the community members.
Accompanying Activities
In predominantly non-English speaking communities, translations may accompany
fact sheets, public notices, presentations, public meetings, public hearings and news
conferences. The need for translations is usually determined during community
interviews.
Advantages and Disadvantages
Written translations and use of translators ensure that a greater number of
community members can participate effectively in public involvement activities and
therefore provide input to decisions concerning the RCRA-regulated process. This
effort assures the community of EPA's sincerity in providing opportunity tor public
involvement.
Translations are very costly, especially simultaneous translations of public meetings.
Sentence-by-sentence verbal translations frequently double the length of public
meetings, and may make information more difficult to present effectively and
smoothly. In addition, very few translators are familiar with, much less trained in.
the RCRA permitting and corrective action processes. For facilities having highly
volatile or sensitive problems, it may be difficult to communicate the lead agency's
position and involve community members in a constructive dialogue.
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CHECKLIST FOR TRANSLATIONS
Determine need for translations
Identify translation service OR identify staff to provide translating services
Fact sheet translations
Provide English text (including text for graphics, headlines, fact sheet flag)
Meeting translations
Determine if translation will be simultaneous or if translations will occur
following statements.
If simultaneous, provide audio equipment for translator/participants
Prepare list of technical and RCRA terms that will need to be translated
Prepare, in advance with the translator, presentations, responses to questions
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USING EXISTING GROUPS/PUBLICATIONS
Description of Activity
You can use the publications and mailing lists of established local, civic or
community organizations as vehicles to inform a community oi' site activities.
Level of Effort
Identifying and using existing groups and their publications may take approximately
two to four hours each time you determine the need to use these publications.
How to Conduct the Activity
To use existing groups/publications:
1. Identify existing groups and publications. Groups that may help to publish
information to the community or in organizing meetings include:
Local civic or environmental groups;
Rotary clubs;
Church organizations;
Local trade associations, farmers' associations, and cooperatives;
The League of Woman Voters; and
Local water companies or other independent agencies or utilities.
Some types of appropriate publications may include:
, Newsletters, newspapers, magazines, or bulletins;
Newsletters of homeowners' associations; and
Local/community independent or commercial newspapers.
2. Contact groups/editors to determine if they are willing to provide mailing lists,
publish site informution, or organize meetings. Just as important is the need
to determine whether such groups are appropriate for communicating agency
information. By publishing information through a group that has a specific
political interest or bias, the agency may be perceived as endorsing these views.
Groups that are "friendly" also may be inappropriate if they appear to represent
the agency's interests.
Make sure that the relationship between the agency and any group is clearly
understood by both the group itself and by the public.
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USING EXISTING GROUPS/PUBLICATIONS (Continued)
When to Use
Use existing groups and publications:
When the RCRA process starts, to establish contacts and develop a mailing list;
When meeting announcements or brief, non-technical information, are being
distributed; and
« When resources for production of your own publications are limited.
Accompanying Activities
Existing groups and their publications may be useful for identifying individuals for
purposes of community interviews, mailing lists, and door-to-door canvassing efforts.
Advantages and Disadvantages
The principal benefit of using the mailing lists or publications of existing
organizations is that the agency has access to an established communication
network. Less time and expense will be needed to develop mailing lists and to
organize meetings.
Working too closely with existing groups, or working exclusively with just one
group, may be misperceived by other groups within the community.
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CHECKLIST FOR USING EXISTING GROUPS/PUBLICATIONS
Identify existing groups and publications
Contact existing groups
Determine it' the publication editors are willing to provide mailing lists or
publish site information
Document all calls
Provide information to the groups as it becomes available
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Additional Activities for Two-Way
Communication
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COMMUNITY INTERVIEWS
Please see Community Interviews, page 5.
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CEHCKLIST FOR COMMUNITY INTERVIEWS
Please see Checklist for Community Interviews, page 9.
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CONTACT PERSON
Description of Activity
The contact person is one designated staff member who is responsible for
addressing citizens" concerns, answering their questions individually, and responding
to inquiries from the media.
Level of Effort
The amount of time that the contact person spends responding to citizen concerns
and questions will depend on the level of concern the community has regarding the
facility's permit or corrective action activities. A contact person may find he or she
will spend several hours a day responding to citizen inquiries if there is high to
moderate interest in the facility's RCRA activities.
How to Conduct the Activity
Designate a contact person for each permit or corrective action who will respond to
citizens' requests for information, answer their questions, and address their concerns
on any aspect of the permit or cleanup process. If citizens are able to interact with
the same staff person throughout the RCRA process, they may gradually develop
more trust and confidence in agency actions.
When a contact person is assigned to a facility:
1. Send out a news release announcing the contact person to all local newspapers,
radio stations, and television stations. Include the contact person's telephone
number and mailing address in all news releases, fact sheets, and mailings.
Include in these publications a self-mailer, which can be a separate flyer or a
designated cut-a-way section of the fact sheet that is addressed to the contact
person and leaves room for interested people to request more information or
write their comments.
2. Give all agency start members and liaisons of other offices who are involved
with the facility the name, address, and phone number of the contact person.
Let staff members know they may be approached for information and that they
should coordinate the release of information with the contact person.
3. Keep a log book of all citizen requests and comments received by the contact
person, and how each one was handled. This will help to assure that incoming
requests are not filed and forgotten. This log book also provides another
record of issues and concerns.
When to Use
A contact person should be designated for every facility at the outset of the RCRA
process.
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CONTACT PERSON (Continued)
Accompanying Activities
Designation of the contact person should be announced in news releases and tact
sheets. If a contact person has been designated during the community assessment,
the record of citizen requests and comments received by the contact later can be
incorporated into the response to comments. The contact person also should be
responsible for making sure that the facility's information repository, if required, is
kept up-to-date.
Advantages and Disadvantages
A contact person can assure citizens that the agency is actively listening to their
concerns and can provide the community with consistent information from a reliable
source.
The contact person may not have the authority to resolve all of the concerns raised
by citizens; his or her role may be limited to providing information and facilitating
communication between agency staff and citizens. If, for any reason, the identity of
the contact person changes, it.is important to ensure that the community is
well-informed abo"' th,'« 'hanoe
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CHECKLIST FOR CONTACT PERSON
Determine agency official to serve as contact person for the facility:
Notify media of the name, mailing address, and phone number of the contact
person
Inform all agency staff members and liaisons of other offices who are involved with
the facility
Have contact person maintain a log book of all citizen requests and comments
received
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TELEPHONE CONTACTS
Description of Activity
Using the telephone to contact state and local officials and concerned citizens is
one of the quickest methods to update these individuals on agency activities at the
facility. In addition, you can find out which individuals or groups are interested in
the facility and set up personal interviews for a later date. Once RCRA activities
are underway, follow-up telephone calls should be made to state and local officials
and key community groups and individuals to update them on any major findings
and the progress of activities. Telephone contacts supplement, but do not replace,
face-to-face community interviews as a way of gathering information about the
community.
Level of Effort
Telephone contacts can be a time-intensive activity, depending on the number of
contacts, because of the large amount of organization required, time needed for the
contacts, and analysis time following the contacts. Allow approximately two to four
hours per interview for completion.
How to Conduct the Activity
In making telephone contacts:
1. Know exactly what information to request or give out (e.g., addresses,
additional names, facility developments, background information) and tailor
questions accordingly. Information to solicit from these contacts might include:
Background on the facility;
Recent government activities with or community interest in the facility:
/ Nature and extent of citizen interest and concern ;
Names and telephone numbers of other possible contacts: and
Addresses for compiling mailing lists.
2. Identify concerned citizens in affected communities. Stale and local
government agencies are one source of information, The media and local
chapters of social, civic, and environmental groups are another source.
These organizations may be contacted to obtain names and phone numbers of
possible concerned citizens and groups.
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TELEPHONE CONTACTS (Continued)
State and local health departments: Officials may have received
complaints from citizens concerning the safety of a facility. They also may
know about community groups involved in hazardous substance issues in
the state.
State and local environmental or pollution control agencies: Often, local
residents and community groups will have contacted these offices seeking
answers to questions about potential health and safety effects of
contaminants found at the facility. These officials also can assess citizen
expectations.
Local Conyressional office: Staff may have received letters or phone calls
from concerned citizens regarding the facility.
State elected officials: Some officials may have been contacted by
concerned constituents concerned about the facility.
Local elected officials (mayors, city managers, etc.): These officials can
identify concerned citizens, and what steps, if any, have been taken to
satisfy the citizens' needs.
Media: Reporters at local TV and radio stations and papers can frequently
identify community organizations or individuals interested in the facility.
Environmental groups: Local chapters of environmental organizations may
have members who are monitoring the facility.
Unions: Some unions may have documentation of workers concerned
about safety and healLh affects of operation and facility activities.
Once concerned citizens have been identified, they should be telephoned. If
possible, agency stall" should also arrange a personal interview to discuss their
concerns in detail.
3. Conduct telephone culls and take notes for your files.
When to Use
Telephone contacts may be used:
In the early stages of the RCRA actions to identify key officials or citizens who
have a high interest in the facility;
To gather information when face-io-face community interviews are not possible;
When new and time-sensitive material becomes available; and
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TELEPHONE CONTACTS (Continued)
When there is a high level of community interest in the facility, and it is
important to keep key players informed.
Accompanying Activities
Telephone contacts are usually made to arrange community interviews, develop
mailing lists and arrange for other public involvement activities such as news
briefings, informal meetings, and presentations.
Advantages and Disadvantages
Telephone calls can be an inexpensive and expedient method of acquiring initial
information about the facility. In RCRA-regulated activities, telephone interviews
often will be useful for establishing a network of contacts to be used later during
community interviews. Once the initial information has been gathered, telephone
contacts are a quick means of informing key people about facility activities and for
monitoring any shifts in community concerns.
Residents initially may feel uncomfortable discussing their concerns and perceptions
over the telephone with a stranger. Once residents have met agency staff in
person, however, they may be more open and willing to discuss their concerns
during follow-up telephone calls.
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CHECKLIST FOR TELEPHONE CONTACTS
Initiul telephone contacts:
Identify individuals to contact:
State officials
Local officials
Concerned citizens
Media
Environmental groups
Prepare information to discuss on telephone
Prepare questions for individuals to answer
Prepare information that you can give them
Keep a log book of information received/given
Ongoing contacts:
Maintain up-to-date telephone contact list
Prepare information to discuss on telephone before each set of calls
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DOOR-TO-DOOR CANVASSING
Description of Activity
Door-to-door canvassing allows you to gather or distribute information by calling on
community members individually and directly to discuss site problems or gather
needed information.
Level of Effort
Door-to-door canvassing is a very time intensive activity because of the number of
staff needed to conduct the canvassing and the amount of time you will need to
plan for the canvassing. You will need to send canvassers in pairs in areas where
there may be a lot of contention or in high crime areas. You should plan to spend
three to six hours planning for the door-to-door canvassing. This includes
identifying the area to be canvassed, determining the amount of staff needed, and
notifying area residents. The amount of time spent canvassing will depend on the
size of the area to be canvassed.
How to Conduct the Activity
A door-to-door canvass involves training staff to gather information, answer
questions, and to communicate with a possibly irate or suspicious public.
Procedures to follow in preparing a door-to-door canvass include:
1. Identify the area where canvassing is necessary or desirable. Determine the
area where special information must be given or collected. This area may range
from just a few streets to several neighborhoods. Determine if there is a need
for a translator or materials in languages other than English. Also determine
when it is likely that people will be at home; the canvassing may have to be
conducted in the evening.
2. Send a letter to the residents in the designated area announcing that staff
members will be calling door-to-door in the area and explaining when
canvassers will be in the neighborhood and the purpose of the canvassing
program. Advance notice will reduce the suspicions of residents and encourage
their cooperation. Also, notify city officials so they are aware of the door-to-
door canvassing.
3. Provide canvassers with the information they will need to know to respond to
questions. Residents will want to know what is happening at the facility and
may have many questions about possible health effects of various contaminants.
Distinguish between the ivpes of questions that a canvasser may answer (i.e..
questions concerning the schedule of activity) ami the types of questions that
should be reterred to an agency specialist (e.g., highly technical questions
concerning hazardous waste or agency policies).
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DOOR-TO-DOOR CANVASSING (Continued)
4. Canvass the designated area. Note the name, address, and telephone number
of residents requesting more information. Note also the names of those who
were especially helpful in giving information. Be prepared to tell residents
when they will next be contacted and how (i.e., by telephone, by letter, or in
person).
5. Send a thank-yon letter after the canvass to all residents in the canvassed area.
If possible, provide information concerning recent developments and any results
or pertinent information gathered by the canvass. Respond to special requests
for information either in the thank-you letter or by telephone.
When to Use
Door-to-door canvassing may be used:
When there is a high level of concern about the site, but meetings cannot be
scheduled;
When you need to reach a specific group of people for a specific purpose, such
as getting signatures to allow access to properties adjacent to the facility;
When the area has a low literacy rate and written materials aren't useful to the
community;
When the area consists of a population whose primary language is not English,
but it is important to pass information to the area;
When a large amount of information about concerns needs to be collected in a
short amount of time; and
When there is an emergency situation that the community needs to know.
Accompanying Activities
Telephone contacts and community interviews may help to identity appropriate
areas for canvassing efforts. Canvassers should add to the mailing list names of
individuals who either requested additional information or provided particularly
useful information.
Advantages and Disadvantages
This activity involves lace-to-lace contact, thereby ensuring that citizens' questions
can be directly and individually answered.
This technique is very time-consuming and costly, even in a small area.
Furthermore, trained people that can answer questions at the necessary level of
detail are not typically available for this activity. This activity is not recommended
for the dissemination of information except in an emergency. This high level of
direct contact can raise more concerns rather than allay them.
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DOOR-TO-DOOR CANVASSING (Continued)
The safety and security of the canvassers aJso should be taken into account when
planning this activity. You may need additional staff so that people can work in
teams to two or three people or you may need to hire security to travel with your
staff.
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CHECKLIST FOR DOOR-TO-DOOR CANVASSING
Identify area where canvassing will be conducted
Prepare maps for each team of canvassers
Send a letter to residents announcing canvassing
Prepare mailing list utilizing city directory (section listing residences by street
address)
Prepare letter; coordinate internal review
Determine security needs of canvassing team
Prepare any information (i.e., fact sheets) that canvassing team may provide to
interested residents
Identify staff to conduct canvassing and have official badges made to identify them
Brief staff on canvassing effort
Provide staff with a copy of letter sent to residents
Tell staff what kinds of questions they may answer and provide them with
information (i.e., questions concerning the schedule of activity)
Tell staff what, kinds of questions they should refer to an agency specialist (i.e.,
technical questions)
Provide staff with prepared maps
Canvass designated areas
Note the name, address, and telephone number of residents requesting more
information
Sent thank you letter to all residents in the canvassed area
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NEWS CONFERENCES
Description of Activity
News conferences are information sessions or briefings held for representatives of
the news media and open to the general public. News conferences provide all
interested local media and members of the public with accurate information
concerning important developments during a RCRA-regulated process at the same
time. Enlist the aid of the Regional Public Affairs Office as media contact should
be coordinated through the Public Affairs Office rather than the RCRA Program
Office.
Level of Effort
News conferences may take between two and four hours to prepare, rehearse and
conduct.
How to Conduct the Activity
To conduct news conferences:
1. Coordinate all media activity through the agency public affairs office. Public
affairs personnel will assure that you adhere to agency policy on news
conferences.
2. Evaluate the need for a news conference. Use this technique carefully because
statements made during a news conference may be misinterpreted by the media.
For reporting the results of site inspections, sampling results, and preliminary
information other public involvement techniques such as fact sheets, news
releases, and public meetings may be more appropriate. A news conference
announcing preliminary results of technical studies may unnecessarily add 10
public concerns about the facility.
3. Notify members of the local and regional media of the time, location, and
topic of the news conference. Local officials also may be invited to attend,
either as observers or participants, depending upon their interest. Including
local officials at a news conference underscores the agency's responsiveness and
commitment to a community's interests and concerns.
4. Anticipate reporters' questions and have your answers ready.
5. Present a short, official statement, both written and spoken, about
developments and findings. Explain agency decisions by reviewing the
corrective action and identifying the next steps. Use visual aids, if appropriate.
Live conferences leave no room lor mistakes so preparation and rehearsal is
very important.
Open the conference to questions, to be answered by agency officials, local
officials, and any other experts present. Have technical staff on hand to answer
any technical questions. Decide ahead of time who will answer what types of
questions.
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NEWS CONFERENCES (Continued)
When to Use
News conferences can be used:
When time-sensitive information needs to reach the public, and a news release
may not be able to address key issues for the community;
When staff are well-prepared to answer questions; and
During any phase of the permit application or corrective action.
Accompanying Activities
News conferences can be held before or after formal public hearings or public
meetings. They are usually accompanied by news releases. Exhibits, telephone
contacts, briefings, and mailing lists would contribute to the planning and
effectiveness of a news conference.
Advantages and Disadvantages
News conferences provide a large public forum for the agency to announce plans
and developments. They also are an efficient way to reach a large audience. A
written news release can help ensure that the facts are presented accurately to the
media. During the question and answer period, the agency spokesperson(s) can
demonstrate knowledge of the facility and may be able to improve media relations
by providing thorough, informative answers to all questions.
A news conference can focus considerable attention on the situation, potentially
causing unnecessary local concern. Residents may not welcome the increased
attention that such media coverage is apt to bring. News releases or other
lower-profile means of disseminating information should be considered as
alternatives.
A risk inherent in news conferences is that the media can take comments out of
context and create false impressions. This risk is heightened when staff are
unprepared or when the conference is not properly structured or unanticipated
questions are asked.
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CHECKLIST FOR NEWS CONFERENCES
Coordinate news conference with the Agency Public Affairs Office
Determine purpose of news conference
Identify staff to make presentations/answer questions at news conference
Prepare visual materials (i.e., exhibits) and handout materials (i.e., fact sheets)
Prepare responses to "anticipated" questions from the media
Coordinate a rehearsal of all presenters
Determine date, time, location of news conference
Is the location large enough to accommodate the media?
Notify local media of news conference in advance of news conference
Call the local media the day before the news conference as a reminder
Conduct the news conference
Set up room with a speakers table, chairs for the audience
Have handout materials available when media arrive
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Please see Translations, page 60.
INTERPRETER
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CHECKLIST FOR INTERPRETER
Please see Checklist for Translations, page 62.
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FACILITY TOURS
Description of Activity
Facility tours are scheduled trips to the facility for media representatives, local
officials, and citizens during which technical and public involvement staff answer
questions. Facility tours increase understanding of the issues and operations at a
facility and the RCRA-regulated process underway.
Level of Effort
Facility tours may take between three and six hours to plan and conduct.
How to Conduct the Activity
To conduct facility tours:
1. Coordinate tours with the facility.
Determine tour routes;
Check on availability of facility personnel, if needed; and
Ensure that the tour complies with the safety plan for the site.
If it is not possible to arrange tours at the facility, perhaps it would be possible
to arrange a tour at one like it. Interested community members may benefit
from touring a facility that has similar operations or where similar technologies
have been applied. Touring a RCRA-regulated facility can give residents a
clearer perception of what to expect at their own site.
2. Develop a list of individuals that might be interested in participating in a tour,
including:
Individual citizens or nearby residents who have expressed concern about
the site;
Representatives of public interest or environmental groups that have
expressed interest in the site;
Interested local officials:
Representatives of local citizen or service groups; and
Representatives of local newspapers, television stations, and radio stations.
3. Determine the maximum number that can be taken through the facility safely.
Keep the group small so that ail who wish to ask questions may do so.
Schedule additional tours as needed.
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FACILITY TOURS. (Continued)
4. Think of ways to involve tour participants. A "hands-on" demonstration of
how to read monitoring devices is one example.
5. Anticipate questions. Have someone available to answer technical questions in
non-technical terms.
When to Use
Tours may be conducted:
When there is moderate to high interest in the facility, especially among elected
officials;
When it is useful to show activities at the facility to increase public
understanding or decrease public concern;
When it is practical and safe to have people on facility grounds; and
During the remedial phase of corrective action.
Accompanying Activities
Fact sheets and exhibits and presentations complement facility tours. An
observation deck near the facility would allow them to watch the progress of
activities on their own. An on-scene information office would allow for an agency
official to be around and for less formal tours of the facility. An alternative to a
facility tour would be a videotape showing activity and operations at the facility.
This would be effective in cases where tours cannot be conducted for safety or
other reasons.
Advantages and Disadvantages
Facility tours familiarize the media, local officials, and citizens with the operations
and the individuals involved in the permitting or corrective action. Unreasonable
fears about the risks of the facility may be dispelled, as might suspicion of corrective
action crews working at the facility. The result is often better understanding
between the community and the agency.
Facility tours require considerable stall time to arrange, prepare, and coordinate.
Staff may have difficulty gaining site access for non-agencv people. Insurance
regulations for the facility may make tours impossible.
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CHECKLIS T FOR FACILITY TOURS
Determine need for facility tours
Coordinate tours with the facility
Tour routes
Facility personnel
Tour dates
Compliance with health and safety
Determine maximum number of people that can be taken on the tour
Notify interested citizens on availability of facility tours
Call interested citizens
Distribute mailing to facility mailing list
Have citizens respond and reserve space on the tour
Determine plant staff or agency staff to conduct tour
Prepare responses to anticipated questions
Conduct tours
Follow-up on any requested information from interested citizens
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TELEPHONE HOTLINE
Description of Activity
A hotline is a toll-free telephone number in an agency office that provides citizens
with nn opportunity to ask questions and obtain information promptly about RCRA
activities.
Level of Effort
The amount of time spent on the telephone hotline responding to citizen concerns
and questions will depend on the level of concern the community has regarding the
facility's permit or corrective action activities. You may spend several hours a day
responding to citizen inquiries if there is high to moderate interest in the facility's
RCRA activities.
How to Conduct the Activity
To instaJJ a telephone hotline, either as a semi-permanent fixture (available
throughout the permit review or corrective action process) or as a temporary
measure (installed at the time of major community feedback, such as the public
comment period):
1. Assign one or more staff members to handle the hotline calls. Consider
installing more than one line to minimize citizens reaching a busy signal when
they call. If staff are not available throughout the day, install an answering
machine directing citizens to leave their name, number, and brief statement of
concern, and informing them that an agency official will return their call
promptly. Check the answering machine for messages at least once a day. If
the levei of concern is high, check for messages more frequently.
2. Announce the telephone hotline in news releases to local newspapers, radio
stations, and television stations, and in fact sheets, publications, and public
notices.
3. Keep a written record of each question, when it was received, from whom, and
how and when it was answered. All questions and inquiries should be
responded to promptly (within 24 hours) if an answer cannot be given
immediately. Be diligent in following up requests for information and tracking
down accurate, direct responses.
When to Use
A telephone hotline may be used:
When community interest or concern is moderate to high;
When emergencies or unexpected events occur, or when a situation is changing
rapidly;
When there is a high potential for citizen complaints (e.g., about dust or noise);
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TELEPHONE HOTLINE (Continued)
Where literacy rates are low and written information must be supplemented;
and
Where the community is isolated and has little opportunity for face-to-face
contact with project staff (e.g., rural areas, areas far from Regional offices).
Accompanying Activities
Some of the functions of the contact person might be to respond to inquiries on the
hotline, build mailing lists, and increase public involvement.
Advantages and Disadvantages
A hotline can provide citizens with a relatively quick means of expressing their
concerns directly to the agency and getting their questions answered. This quick
response can help to reassure citizens that the agency is listening to their concerns.
A telephone hotline also can help monitor community concerns. A sudden increase
in calls could indicate that additional public involvement efforts may be warranted.
Citizens calling the hotline must receive responses to their questions or concerns
quickly, or they may become frustrated with the agency. If the number of calls is
large, responding quickly to each inquiry could prove burdensome to agency staff.
Furthermore, dialing a hotline number and receiving a recorded message on the
hotline could irritate or alienate some members of the public.
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CHECKLIST FOR TELEPHONE HOTLINE
Determine need for telephone hotline
Identify staff responsible for answering calls
Have staff maintain a log of all calls and responses
Install telephone hotlines/answering machines
Notify interested citizens of availability of telephone hotline
Public notice
Fact sheet
Mailing to facility mailing list
Coordinate staffing of hotline
Follow-up on calls to hotline
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OBSERVATION DECK
Description of Activity
An observation deck is an elevated deck on the facility property, near the area
where corrective or RCRA-regulated activities are in progress. The deck allows
interested citizens to observe facility activities or corrective actions directly in order
to remove some of the unfamiliarity, and hence fear, that may encompass RCRA-
regulated activities.
Level of Effort
An observation deck may be a time-intensive activity depending on the amount of
time you decide that the deck needs to be staffed. You may spend up to 40 hours
a week staffing the deck. Short Cut: Consider hiring a contractor to staff the deck.
How to Conduct the Activity
To use an observation deck:
1. Decide whether or not an observation deck is needed or desirable. Gauge
community interest in the facility and whether or not there is a location for a
deck that would facilitate observation.
2. Coordinate the observation deck with the facility. Determine the best location
for the observation deck keeping in mind safety issues. Coordinate construction
of the deck.
3. Coordinate staffing of the observation deck. Determine the hours of operation
for the observation deck. Identify staff to supervise the observation deck and
prepare staff to answer questions from the public.
4. Announce the avuilability of the observation deck. Notify the eommuniiv that
the deck is available through public notices, tact stieets, and ;i mailing u> ihe
facility mailing list.
When to Use
An observation deck mav be used:
*
When community interest or concern is high;
When ihe community's understanding of facility operations will be enhanced by
direct observation;
When there will be sufficient activity at the site to promote the community's
interest;
When staff are available to supervise public use of the deck and answer
questions;
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OBSERVATION DECK (Continued)
When it is physically possible to set up an observation deck in a place where
there is no danger to the public;
When a corrective action is being implemented; and
When a new technology is being added.
Accompanying Activities
An observation deck could complement periodic facility tours or an on-scene
information office. Citizens can initially be educated about operations or corrective
actions during the tours, then can monitor the progress of these activities at their
convenience from the observation deck. Fact sheets or an informative exhibit
placed near the deck also could further aid in explaining facility activities.
Advantages and Disadvantages
An observation deck allows citizens and media representatives to observe site
activities without hindering the activities.
Constructing and occupying an observation deck is expensive and needs to be
supplemented with an informational/interpretive program, so that citizens
understand what they see. Further, health and safety issues must thoroughly be
considered so that any visitor to the observation deck is not endangered by activities
at the facility.
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CHECKLIST FOR OBSERVATION DECK
Determine need tor an observation deck
Coordinate with facility
Identify staff available to supervise the observation deck and answer questions from
interested citizens
Coordinate deck construction
Set hours of operation for the observation deck
Notify interested citizens of availability of observation deck
Public notice
Fact sheet
Mailing to facility mailing list
Maintain observation deck
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ON-SCENE INFORMATION OFFICE
Description ot' Activity
An on-scene information office is a trailer (or small building) on the facility site
staffed by a lull-time or part-time person who responds to inquiries and prepares
information releases.
Level of Effort
An on-scene information office is a time-intensive activity. You may have staff in
the office up to 40 hours a week. Short Cut: Hire a contractor to staff the office.
How to Conduct the Activity
To provide an on-scene information office:
1. Rent a trailer or arrange with the owner of the facility to designate space in the
facility to be used as an office and launching area.
2. Install a telephone and an answering machine to respond to inquiries and
publicize the number in local newspapers and your public involvement
publications.
3. Assign someone to staff the trailer. Establish regular hours, including some
during the weekend and weekday evenings. Publicize the trailer's hours and the
services it offers.
4. Equip the trailer with the same materials normally contained in an
information repository. Equip the office with a copy machine so that the
public can make copies of documents in the information repository.
When to Use
An on-scene information office may be used:
When community interest or concern is high;
During corrective actions;
When cleanup involves complex technologies or processes;
When the community perceives a high level of risk to health;
When activities may disrupt the area surrounding the facility (e.g., traffic
patterns); and
When the area near the facility is densely populated.
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ON-SCENE INFORMATION OFFICE (Continued)
Accompanying Activities
The on-site staff person can conduct meetings to inform citizens about the status of
the corrective actions and prepare and distribute fact sheets and weekly news
updates to local residents. They also can conduct facility tours and man telephone
hotlines. With the telephone contacts they make, they can add to and update
mailing lists and revise public involvement plans.
Individuals staffing an on-scene information office for an extended period of time
will necessarily have a special role in the community. Involvement in other public
involvement activities may represent a large part of their function. In addition to
distributing information to local residents, on-site staff will be responsible for
maintaining data bases of residents' addresses, the status of access to property, and
a daily log of citizen inquiries. It is important that on-site staff monitor public
perceptions and concerns daily. On-site staff often can make useful
recommendations to the agency regarding citizen concerns. Finally and perhaps
most importantly, on-site staff members will frequently serve as a liaison between
the public and other agencies at the Federal, state, and county levels, as well as
facility owners and contractors.
Advantages and Disadvantages
An on-scene information office can be an effective activity for ensuring that citizens
are adequately informed about the agency's actions and that their concerns are
addressed immediately.
An information office can be very expensive, since it requires, at a minimum, a
part-time staff person and a telephone. Hence, it should be used only when
community concerns are currently high or may be high in the fuiure.
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CHECKLIST FOR ON-SCENE INFORMATION OFFICE
Determine need for an on-scene information office
Identify staff to work in information office
Rent a trailer or space at the facility for the information office
Equip the office with a telephone, office equipment (i.e., copier), and all materials
contained in an information repository.
Notify interested citizens of availability of on-scene information office
Public Notice
Fact sheet
Mailing to facility mailing list
Maintain on-scene information office
Have staff conduct the following:
Maintain the mailing list
Review media coverage
Respond to citizen calls
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Meetings
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INFORMAL MEETINGS
Description of Activity
Informal meetings are meetings of small groups of individuals usually held in a
somewhat informal setting like a resident's home or a local meeting place allowing
interested citizens and local officials to have in-depth discussion of issues and
concerns with greater "give and take" among the participants. Staff responsible for
the facility receive first-hand information from interested community members,
special interest groups, and state and local officials while citizens have the
opportunity in a more relaxed setting to ask questions and explore topics of interest
regarding the facility in question.
Informal meetings allow the agency to inform citizens and state and local officials of
present and upcoming activities, answer questions, and clear up any misconceptions
or misunderstandings in a more personal setting. These meetings also increase the
credibility of agency staff by allowing community members to meet with them on a
more personal level, which breaks down any barriers that might exist due to a
perceived sense of the "faceless bureaucrat". Informal meetings also may increase
the sensitivity of the staff to citizen concerns, and establish rapport and a good
working relationship with residents. When there are several factions in a
community, all should be given the opportunity to meet with public involvement
and technical project staff.
Level of Effort
An informal meeting will take approximately 17 hours to plan and conduct. This
includes about three hours to set up and schedule the meeting, five hours for
preparation, four hours to conduct the meeting, and four hours to follow up on any
issues raised during the meeting.
How to Conduct the Activity
To conduct informal meetings:
1. Identify interested citizens and officials. Contact each citizen group and local
agency that is directly affected by the facility, or contact individuals who have
expressed concern regarding the facility. Offer to discuss the permit or
corrective action plans at a convenient time, taking into consideration the
following elements that will affect levels of community interest and concern:
for facilities at which emergency actions are required, schedule the meeting
after the agency has accurate information to share with the participants; for a
corrective act on. determine first when community concerns may be highest and
schedule meetings accordingly. For instance, it may be appropriate to hold an
informal meeting when the risk assessment report is released. Holding informal
meetings early in the permit process can help prevent potentially volatile
situations from developing by providing citizens with one-on-one attention.
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INFORMAL MEETINGS (Continued)
2. Limit attendance. To increase effectiveness, restrict attendance to between five
and 20 individuals. The larger the group, the less likely that some people will
candidly express their concerns. It is difficult to establish rapport with
individuals in a large group. If a greater number of community members and
officials are interested than expected, schedule additional small meetings. If a
greater number of participants appears than are expected at an informal
meeting, divide the group into smaller groups to allow more one-on-one
discussion to take place.
3. Select a meeting date, time, and place convenient to attendants. The meeting
place should have chairs that can be arranged into a circle, or some other
informal setting conducive to two-way communication. A private home or
public library meeting room may be more likely to promote an exchange of
ideas than a large or formal public hall. When scheduling the meeting, make
sure that the date and time do not conflict with other public meetings that
citizens may want to attend such as town council meetings, or with holidays or
other special occasions. Be sure that the meeting location does not conflict
with state "sunshine laws." In selecting a public meeting place, be attentive to
the special needs of handicapped individuals (e.g., access ramps or elevators).
Be aware that meetings will frequently have to be scheduled during evening
hours to accommodate citizens' work schedules.
4. Begin the meeting with a brief overview. This short presentation should include
a summary of the permit review schedule and how the public can be involved in
the decision. These opening remarks should be kept brief and informal (no
more than a few minutes) to allow maximum opportunity for open discussion
with meeting attenders. Cover whatever topics the public is interested in
discussing, these may include:
Extent of the activity;
Safety and health implications;
Factors that might speed up or delay the regulatory and technical process;
and
How community concerns are considered in making decisions on permits
and corrective actions.
5. Identify the decision-makers (major agencies and individuals responsible for
enacting and enforcing RCRA regulations.) Citizens will then know where to
direct further questions or voice new ideas or suggestions.
6. Gear the discussion to the audience. Be sensitive to the level of familiarity
that the citizens have with the more technical aspects of the activities discussed.
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INFORMAL MEETINGS (Continued)
7. Listen and take notes. Find out what the citizens want done. Some concerns
may be addressed by making minor changes in the agency's proposed action.
Discuss the possibility tor accommodating these concerns or explain the reasons
why citizen requests appear to be unworkable or conflict with program or legal
requirements.
8. Promptly follow-up on any major concerns. Stay in touch with the groups and
contact any new groups that have formed, so that new or increasing concerns
can be dealt with before problems develop.
9. Write up brief minutes for your files.
When to Use
Informal meetings can be used:
When there is widely varying level of knowledge among community members;
When the level of tension is high and large meetings may not be appropriate;
When the community needs more personal contact to have trust in the agency;
When groups want to discuss specific issues in detail in which the community as
a whole isn't interested.
Accompanying Activities
Community interviews or phone calls usually precede these meetings, since it is
during these interviews that concerned citizens groups are identified and contacted.
Possible meeting locations also can be identified during the community interviews.
Distributing fact sheets at these meetings aiso may be appropriate, depending on
when they are held.
Advantages and Disadvantages
The primary benefit of informal meetings is that they allow two-way interaction
between citizens, local officials, and the agency. Not only will citizens be informed
about the developments, but officials responsible lor the site can learn how citizens
view the site.
Informal meetings also add a personal dimension to what might otherwise be
treated as a purely technical problem. Informal meetings otter both citizens and
officials a chance to increase their familiarity with how the process works, increase
awareness of each others point of view, and actively promote public participation.
Informal meetings also may diffuse any tension between the community and the
agency.
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INFORMAL MEETINGS (Continued)
Informal meetings may require a day or more of staff time to reach a limited
number of citizens.
Some opposition groups may perceive the agency's efforts to restrict the number of
attenders as a "divide and conquer" tactic to prevent large groups from exerting
influence on potential actions and to exclude certain individuals or groups. One
way to prevent this perception is to hold additional informal meetings with those
organizations who express concern about being left out of the process.
Irate groups or individuals also may accuse agency staff of telling different stories to
different groups at these small meetings. The agency can avoid this criticism by
inviting a cross-section of interests to each small meeting. Alternatively, agency
staff can keep a written record of the informal discussions and make it available
upon request. A record of discussions is required for any legally-required meetings
held during the public comment period.
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CHECKLIST FOR INFORMAL MEETINGS
Determine purpose of meeting
Determine number of attenders:
Determine location(s) for meeting (complete for each available facility)
Facility name, location
Contact person at facility
Phone number
Occupancy size
Handicap accessibility
Features:
Restrooms
Public telephones
Adeq uate parking
Determine date, time of meeting:
Date:
Time:
Identify interested citizens and officials
Contact citizen groups, invite a representative to the meeting
Prepare meeting agenda
Overview of project
Identify decision-makers
Allow time tor discussion, question/answers
Follow-up
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AVAILABILITY SESSIONS/OPEN HOUSES (Continued)
AVAILABILITY SESSIONS/OPEN HOUSES
Description of Activity
Availability sessions/open houses are informal meetings in a public location where
people can talk to agency officials on a one-to-one basis. The meetings allow
citizens to ask questions, express their concerns directly to project staff, and
accommodate individual schedules.
Level of Effort
An availability session/open house may take approximately 14 hours to plan and
conduct. You should plan for about six hours to select a date, time, and location
for the meeting, plan for the session, and meet with and brief agency staff who will
attend the meeting. You also should plan for about three hours to publicize the
session and develop or gather appropriate materials. You should plan for about
five hours for the actual session.
How to Conduct the Activity
To conduct an availability session/open house:
1. Select a date, time, and location for the availability session/open house that
encourages attendance. Evening hours usually are preferable. The location
should be in an easily accessible building familiar to residents (such as a public
library, school, or local meeting room).
2. Anticipate the number of attenders and plan accordingly. If a large number of
people is expected, consider the possibility of holding two availability
session/open houses to enable staff to meet and talk with each attender.
Alternatively, increase the number of staff or the length of the availability
session/open house. As a general rule, planning for one staff member per 15-20
attenders should foster an informal atmosphere for conversation, and thereby
avoid the situation where a staff member has to speak to a "crowd."
3. Develop or gather together appropriate explanatory materials. These
materials may include posterboards, handouts, or fact sheets.
4. Publicize the availability session/open house at least two weeks ahead of time,
if possible. Send announcements to newspapers, television and radio stations,
citizens on the mailing list, and any interested community organizations that
publish newsletters.
5. Ensure that appropriate agency staff attend, so that citizens can meet those
who will be responsible for facility activities. The staff present should be able
to answer both technical and policy questions.
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AVAILABILITY SESSIONS/OPEN HOUSES (Continued)
6. Meet with and brief agency staff and rehearse for the session. Anticipate
questions that may be asked during the session and prepare answers.
When to Use
An availability session/open house is most appropriate:
When scheduling of meetings is difficult because of community members'
schedules;
When new information is available on several different technical or regulatory
issues that would make explaining it in its entirety would be too long for a more
formal meeting;
When community members have widely varying interests or levels of knowledge;
When an informal setting is appropriate to enhance agency credibility with the
community;
When staff is available.
When larger crowds will make it difficult for certain members of the public to
raise questions.
Accompanying Activities
Exhibits and fact sheets can provide background information that enables citizens to
ask more informed questions about the site during the availability session/open
house.
Advantages and Disadvantages
The one-to-one conversations during an availability session/open house can help
build trust and establish a rapport between citizens and agency staff. An informal,
neutral setting will keep officials and the public relaxed and make communications
smoother.
Planning and conducting an availability session/open house can require a significant
amount of staff time. A low turnout may not justify the effort. Hence, community
interest in the site should be significant before an availability session/open house is
planned.
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CHECKLIST FOR AVAILABILITY SESSIONS/OPEN HOUSES
Determine location(s) for meeting (complete for each available facility)
Facility name, location
Contact person at facility
Phone number
Occupancy size
Handicap accessibility
Features:
__Restroams
Public telephones
Adequate parking
Determine date, time of meeting:
Date:. - ;
Time:_ ;
Prepare draft notice (public notice, flier)
Coordinate internal review of notice
Prepare final notice
Determine agency officials to attend availability session/open house:
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CHECKLIST FOR AVAILABILITY SESSIONS/OPEN HOUSES (Continued)
Notify citizens of availability session/open house
Direct mailing to citizens on facility mailing list
Verify that mailing list is up-to-date
Request mailing labels
Public notice in local newspaper(s)
Prepare handouts, other information material for availability session/open house
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WORKSHOPS
Description of Activity
Workshops are seminars or gatherings of small groups of people (usually between
10 and 30), led by a small number of specialists with technical expertise on a
specific area. In workshops, participants typically discuss hazardous waste issues
where citizens comment on proposed response actions and receive information on
the technical issues associated with the permitting process and the RCRA program
in general. Experts may be invited to explain the problems associated with releases
of hazardous substances and possible remedies for these problems. Workshops may
help to improve the publics understanding of permit conditions or hazardous waste
problems at a facility and to prevent or correct misconceptions. Workshops also
may enable agency staff to identify citizen concerns and to receive citizen's
comments.
Level of Effort
A workshop that lasts between three and six hours may take approximately 22 hours
to plan and execute. Planning, rehearsing, and announcing a workshop may take
about 13 hours. You should also plan for between three and five hours to follow
up on any issues that arise during the workshop.
How to Conduct the Activity
To conduct a workshop:
1. Determine the focus of the workshop. Decide what topic or topics will be
covered in either one or more workshops. Suggested topics include: purpose
of RCRA; description of the permit process or corrective action program;
proposed remedies; risk assessment; identified health or environmental
problems; and/or method and format for receiving citizen comments on the
proposed or ongoing actions. Determine what agency personnel will be needed
each workshop and whether any outside experts will be needed.
2. I'lan the workshop. Decide ahead of time on a minimum and maximum
number of participants. If there are too few, consider holding an informal
meeting and postpone the workshop until additional interest develops. Identity
a convenient location and time for the workshop, and set a date that does not
conflict with other important meetings or interests (for example, town council
meetings, high school sporting events).
3. Announce the workshop by publishing a notice well in advance (at least 3
weeks) in the local newspapers. Send a notice of workshops with mailings to all
citizens on site mailing list and distribute posters around town. Send out
invitations and registration forms to concerned citizens. Provide for multiple
registrations on each form to accommodate friends who also might be interested
in the workshop. Emphasize that the number of participants is limited, and
provide a deadline for registration.
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WORKSHOPS (Continued)
When to Use
Workshops are appropriate:
When the RCRA process needs to be explained to community members
interested in participating in the process;
When specific topics needs to be discussed in detail, especially health or risk
assessment issues; and
When technical material needs to be explained and feedback from the
community is important to make sure they understand the material.
Accompanying Activities
Workshops can be conducted before formal public hearings or during public
comment periods to give citizens some ideas on developing and presenting
testimony. Fact sheets and exhibits can be used at workshops.
Advantages and Disadvantages
Workshops provide more information to the public than is possible through fact
sheets or other written materials. Workshops have proven successful in
familiarizing citizens with key technical terms and concepts before a formal public
meeting. Workshops also allow two-way communication, making them particularly
good for reaching opinion leaders, interest group leaders, and the affected public.
If only a limited number are held, workshops can reach only a small segment of the
affected population.
When planning a workshop, agency staff should make sure that it is announced in
local newspapers, to help ensure that it will be well-attended. In addition, it may be
helpful to specifically invite all residents who have expressed an interest in the site.
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CHECKLIST FOR WORKSHOPS
Determine purpose of workshop
Determine number of attenders
Plan the workshop
Identify topics to be presented
Identify agency officials to present topics, handle registration
Prepare handouts, other informational materials
Determine location(s) for workshop (complete for each available facility)
Facility name, location
Contact person at facility ;
Phone number
Occupancy size
_ Handicap accessibility
Features:
Restrooms
Public telephones
_Adequate parking
Determine date, time of workshop:
Date:
Time:
Prepare draft notice announcing workshop (public notice, flier)
Coordinate internal review of notice
Prepare final notice
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CHECKLIST FOR WORKSHOPS (Continued)
Notify citizens of workshop
Direct mailing to citizens on facility mailing list
Verify that mailing list is up-to-date
Request mailing labels
Public notice in local newspaper(s)
Determine presentation requirements
Electrical outlets
Extension cords
Accessible lighting control panel
Window covers
Podium
Stage
__ Table(s) and chairs for panel
Water pitcher and glasses
Sound system
Microphones (stand, tabletop, lavaliere)
Cables
Speakers
Technician/engineers available tor hearing
Visual aids
Slides
_ Slide projector
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CHECKLIST FOR WORKSHOPS (Continued)
Extra projector bulbs
Hip chart
Flip chart markers
Overhead transparencies
Overhead machine
VCR and monitor
Screen
__ Table for projection equipment
Registration table
Registration cards
Writing pens
Signs
Miscellaneous supplies:
Scissors
Tape (masking, transparent)
Thumbtacks
Public information materials (fact sheets, etc.)
Arrange and conduct at least one rehearsal
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BRIEFINGS
Description of Activity
Briefings are held with key state and local officials to inform them of the status of a
permit application or corrective action; to provide them with materials such as
technical studies; results of the technical field and community assessments; and
engineering designs. Agency staff conduct these sessions in person, and the
briefings usually precede release of information to the media or occur before a
public meeting.
Levels of Effort
Briefing will usually take between six and 10 hours to plan and conduct.
How to Conduct the Activity
To schedule and hold briefings:
1. Inform key state and local elected and agency officials far in advance of the
date of the briefing. It is usually best to hold the initial briefing in a small
public room, such as a hotel meeting room or a conference room. Where
relationships might be antagonistic, it may be best to hold the briefing in a
neutral location.
2. Present a short, official statement explaining the information in the context of
the RCRA process and announce future steps in the process.
3. Answer questions about the statement. Anticipate questions and be prepared
to answer them simply and directly.
If the briefing has been requested by state and local officials, find out in
advance the information they seek and prepare to answer these and related
questions.
When to Use
Briefings are appropriate:
When state or local officials have expressed a moderate to high level of concern
about the facility;
Before the release of new information to the media and the public;
When unexpected events or delays occur, and
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BRIEFINGS (Continued)
At any point during the permit or corrective action processes. If local officials
have expressed concern during the preliminary assessment of the facility, a
briefing may be appropriate to explain the RCRA permitting or corrective
action program and the technical actions that are scheduled for the facility.
Accompanying Activities
Briefings usually precede news conferences, news releases, informal meetings, or
public meetings.
Advantages and Disadvantages
Briefings allow state and local officials to question the agency directly about any
action prior to public release of information regarding that action. By doing so,
officials and citizen leaders will be prepared to answer questions from their
constituents when the information becomes public. Briefings also allow for the
exchange of information and concerns.
Because briefings are normally offered to a small select group, they are not
considered to be general information dissemination to the public. Care must be
taken to provide the public with ample opportunity to receive information. At
briefing sessions, include the appropriate officials, taking care not to exclude people
key to the public involvement process. Avoid the perception that the agency may
be trying to bury facts or favor special interest groups.
Although briefings can be an effective tool for updating state and local officials and
community leaders, they always should be complemented by activities to inform the
general public, such as informal meetings, public meetings or news conferences.
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CHECKLIST FOR BRIEFINGS
Determine date, time, and location of briefing.
Date:
Time:
Location:
Notify key state and local officials, citizens, and other interested parties of the
briefing
Prepare presentation
Prepare any handout materials
Conduct briefing
Follow-up on any questions you are unable to answer during the briefing
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PRESENTATIONS
Description of Activity
Presentations are speeches or panel discussions held for local clubs, civic or church
organizations, school classes, or concerned groups of citizens to provide a
description of current RCRA activities. They help improve public understanding of
the issues associated with a permitting or corrective action and explain how the
agency will address these issues and involve the community in the process.
Level of Effort
Presentations may take up to 13 hours to plan and conduct. This includes about
three hours to set up and schedule the presentation, five hours to prepare for it,
one hour for the presentation, and four hours to follow up on any issues raised
during the meeting.
How to Conduct the Activity
Develop procedures that easily can be changed to suit different audiences. To
conduct presentations:
1. Contact groups that may be interested in learning about your work.
Announce the program through the media and in your publications. Adjust the
tone and technical complexity of any presentation to suit the audience's needs.
2. Select a standard format such as the following:
Introduce yourself, RCRA, the process, and the facility;
Describe the issues that affect your audience;
Discuss what is being currently done; and
Discuss how citizens can assist the agency in making decisions about the
facility.
3. Set a time limit of 20 minutes. Consider having several staff members deliver
short segments of the presentation. Allow time for a question-and-answer
period.
4. Schedule presentations tit convenient times, possibly evenings or weekends, or
during regularly-scheduled meetings of other groups.
5. Select supporting materials (slides, graphics, exhibits, etc.) that will hold the
audience's attention but not distract from the speaker's message. Conduct a
trial run in front of colleagues and rehearse the presentation as much as
possible.
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PRESENTATIONS (Continued)
6. If substantive issues or technical details cannot be handled in the time
allowed for the presentation, name a contact for further information.
When to Use
Presentations may be held:
When there is moderate to high interest in a facility;
When it is practical to integrate short RCRA presentations into meetings on
other subjects; and
When a major milestone in the RCRA process is reached.
Accompanying Activities
Fact sheets or handouts should be distributed so that participants have something to
refer to after the presentation. Incorporating exhibits into your presentation will
hold the audience's attention and aid in their understanding of the material.
Advantages and Disadvantages
Because the presentation is delivered in person, the audience has a chance to ask
questions, and the agency can gauge citizens' concerns. Also, many people can be
reached at one time, reducing individual inquiries. Making project staff available
for community speeches and presentations will signal the agency's interest in the
community.
Presentations require substantial effort to be effective. A poorly planned
presentation can distort residents' views of the situation.
Because the presentation is rehearsed, accommodating different or unanticipated
concerns of the audience can be difficult. Handle these concerns during n
question-and-answer period after the presentation.
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CHECKLIST FOR PRESENTATIONS
Contact groups that may be interested in a presentation
Determine message(s) to be presented based on stated community
interests/concerns
Prepare presentation(s) based on responses from groups contacted
Prepare handout materials
Prepare exhibits or other visual materials
Determine what staff are available for presentations
Schedule presentations
Conduct rehearsals
Conduct presentations
Conduct follow-up after presentations
Respond to questions you were unable to answer
___ Contact group regarding other presentation topics in which they may be
interested
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Appendix 1
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APPENDIX 1: WHEN THE FACILITY HAS A ROLE IN THE
PUBLIC INVOLVEMENT PROGRAM
INTRODUCTION
You may not have the resources to do the necessary public involvement activities for
every RCRA action. One option is to have the facility provide support for some public
involvement activities under permitting agency oversight. Another option is to encourage
the facility to conduct its own public involvement activities. As noted in Chapter 3, EPA
regulations already require facilities to conduct public involvement activities under certain
conditions (i.e., permit modifications, and certain activities proposed in the Subpart S
rules.)
Delegating public involvement tasks to a facility is analogous to delegating technical tasks
(such as RFI/CMS studies, risk assessments and other technical studies required in TSDF
permit applications) to a facility. In neither case does the permitting agency give up its
oversight role or decisionmaking power; in both cases, the facility is expected to provide
appropriately skilled personnel to carry out the tasks according to guidance or professional
standards. In some cases, working with a facility on public involvement can be very similar
to working with one of EPA's contractors: you provide a scope of work and guidance, they
provide skilled personnel who must do the work to your satisfaction.
This appendix addresses some of the issues associated with facilities becoming involved in
the permitting agency public involvement program. When is it appropriate and when is it
not appropriate to have the facility help the permitting agency conduct public involvement
activities? If it is appropriate, what are the avenues for getting the facility to conduct
agency public involvement activities? Which activities should you delegate? What kind of
oversight is necessary? How can you keep your credibility with the community intact?
What problems may you encounter with facility participation in public involvement
activities? The appendix concludes with examples illustrating how a facility and agency
worked together on a public involvement program.
DECIDING WHETHER A FACILITY SHOULD HAVE A ROLE IN THE AGENCY'S
PUBLIC INVOLVEMENT PROGRAM
Before you consider involving a facility, complete your initial assessment of public involve-
ment needs for the permitting or corrective action process, following the approach in
Chapter 2. Once you have a rough idea of the level of attention the public involvement
effort will require (i.e., minimum required, moderate, high), evaluate your resources. If
you are unable to carry out required or expanded activities for a particular facility in-
house, you may want to consider having the facility assist you or suggest that it undertake
some activities itself.
In each case, look carefully at the situation. Key issues to assess are the facility's credibil-
ity with the community, its capability in-house or through contractors to provide public
involvement support, and the likelihood that it will cooperate with the permitting agency
in carrying out the effort.
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If the facility lacks credibility in the community, its public outreach efforts are unlikely to
be effective. If the community sees the permitting agency working jointly with the facility,
they may extend their mistrust to the permitting agency. In extreme cases of community
disenchantment with a facility, it is inappropriate to give the facility anv role in the permit-
ting agency public involvement effort and you may want to distance yourself from any
effort it undertakes on its own. However, in most cases where there is some distrust, you
can use facility assistance if you restrict it to support functions such as the development of
an initial mailing list and draft informational materials that you will review and revise be-
fore releasing under permitting agency letterhead. Or you might ask the facility to identity
meeting places or appropriate media for public notices, but you would be the contact with
the public at the meetings, and you would place the notices.
If the facility is unfamiliar with the concept of public involvement (as being different from
public affairs and public relations), it may need guidance from you in determining whether
it has in-house staff who can do the job or whether it will need to hire public involvement
contractors. If you are requiring a facility to support you (see below) and it does not have
prior experience with the approach, you can require that its work meet specific guidance
and standards that you enforce in your oversight role. However, if you are asking the
facility to support you voluntarily (see below) and it does not have prior experience with
the approach and is unwilling to hire specialists, you may find that it is not worth the
effort to ask for much assistance because of the extra oversight that will be required.
HOW TO GET THE FACILITY TO DO THE WORK
If you decide that you do want the facility to support your public involvement program or
conduct its own, you may require them to do so in some circumstances, and ask them to
do it voluntarily in others.
For corrective action, write public involvement tasks into a corrective action
schedule of compliance or §3008(h^ order. Some EPA regions routinely re-
quire development of a public involvement plan as part of the RFI workplan.
In the approved public involvement plan, roles and responsibilities for the
facility and the permitting agency are spelled out.
For TSDF permitting, ask the facility to voluntarily undertake some public
involvement tasks and coordinate its public involvement efforts with vours. In
the tuture, permitting agencies may require public involvement activities as
part ot the permit application process. Currently, you cannot impose a permit
condition requiring public involvement activities early enough to provide for
assistance when it is most needed: during the phases of application processing,
draft permit preparation and public comment before the permitting agency
decides whether or not to issue the permit. However, you can educate the
facility about the goals and benefits of public involvement and, in many cases,
enlist their support in developing and carrying out a public involvement pro-
gram throughout the permitting process.
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WHEN THE FACILITY HAS A ROLE: APPROPRIATE ACTIVITIES AND AGENCY
OVERSIGHT
You must determine the facility's role in agency public involvement activities and your role
in oversight on a site-by-site basis. It is possible to have a facility assist with the entire
agency public involvement program with agency oversight. However, there are always
some activities (such as public hearings on a draft permit or major permit modification)
that you must conduct and, depending on the situation, it may be inappropriate or unwise
to delegate certain tasks to the facility.
In assigning tasks, you must distinguish between facility support of the permitting agency
effort, whether required or voluntary, and the facility's own effort. For the permitting
agency public involvement program, all activities should be entirely under your oversight
and control, and the public should be able to see that clearly through techniques such as
the use of permitting agency letterhead or logo on written material, the presence of per-
mitting agency spokespersons at all public events, and referrals to permitting agency con-
tact persons for questions and comments. All facility tasks will be support tasks (e.g., draft
mailing lists, draft written materials, arrangements for interviews and meetings). The per-
mitting agency stamp will be on all final products.
For the facility's public involvement program, you are at most a friendly advisor, and the
public should not see your letterhead, logo, or sponsorship of the facility's activities. How-
ever, if you and the facility agree to coordinate and cooperate in your efforts, some of
your program needs (such as a fact sheet that explains operations at a TSDF) might be
met by a facility activity that it voluntarily conducts under your oversight. Of course, for
required activities, such as mailings and public meetings to be conducted by a facility when
it initiates permit modifications, you have a mandate to assure that their efforts fulfill the
requirements.
In assigning tasks for corrective action under a schedule of compliance or Section 3008(h)
order, a common approach is to require the facility to develop a formal Public Involve-
ment Plan, based on a needs assessment that includes community interviews. Some
regions specify a minimum set of activities that must be included in the plan, such as
development of a mailing list, establishment of an information repository, and issuance ot
two faCt sheets. You should specify that the permitting agency must approve the list ot
interviewees and be given the opportunity to conduct all interviews. In situations where
there is community distrust of the facility, you should conduct all interviews. At a mini-
mum, you or some permitting agency representative should be present at all interviews
with public officials and agency staff.
You should discuss the findings of the community assessment and your ideas about neces-
sary public involvement activities with the facility before it prepares a draft plan. In
reviewing the draft plan, be sure that it provides for all required activities as well as addi-
tional activities that you judge appropriate, based on the findings of the community
assessment. The plan should clearly state that it was prepared for the permitting agency,
with permitting agency oversight, and it should specify for each activity the respective lead
and support responsibilities of the permitting agency and facility.
As a general rule, you can use the facility for any support activity so long as a representa-
tive of the permitting agency is present at all public meetings, a permitting agency contact
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is named in all written communications, and no outreach material is released without prior
approval of content and form by the permitting agency. In cases where a facility represen-
tative makes a presentation at a meeting or media conference, you should make it clear
that you have requested them to do so. Likewise, you should not allow the facility to
respond to questions or comments at public meetings except as you direct them to do so.
The public must see the permitting agency in control at meetings that are part of the
agency's public involvement effort.
EXAMPLE - WHEN A FACILITY CONDUCTED PUBLIC INVOLVEMENT
ACTIVITIES WITH THE AGENCY
EPA Region 7 and DOE
EPA Region 7 successfully delegated non-required public involvement activities during
RCRA corrective action at the U.S. Department of Energy (DOE) plant in Kansas City,
Missouri, to the DOE and its contractors. This enabled the Region to focus its own
resources on the public hearing effort, which owed much of its success to the prior DOE
work to inform the concerned public about the ongoing effort.
The public involvement team included Region 7's public involvement coordinator, compli-
ance officer, attorney, and technical contractor; and the public affairs staff at Allied-Signal
Aerospace Company, which operates the plant under contract with DOE. Without excep-
tion, every member of the team was in tune with the concept of providing the public the
best available information for informed decisions. Allied-Signal's public affairs staff devel-
oped a draft Public Involvement Plan under a RCRA consent order. Region 7 reviewed
the draft plan and approved it after Allied-Signal made requested revisions. The plan did
not address EPA's public involvement effort, but it specified the EPA-approved activities
that Allied-Signal would carry out for DOE during the corrective action process. In other
words, this was the facility's public involvement program, developed under EPA's order
and subject to EPA's approval, but not directly a part of EPA's own program.
A primary goal of the Allied-Signal program was to inform the community, plant employ-
ees. news media, and government officials of the RCRA consent order and its five-year,
$84 million plan to address 35 contaminated sites at the plant. Techniques included letters
mailed to thousands of nearby residents asking what information they wanted, in-person
interviews, video spots played for employees on TV monitors throughout the plant, public
meetings, an environmental newsletter, and separate plant tours for environmental organi-
zations, the news media, government officials, and local homeowners associations. Allied
Signal's public affairs staff planned and carried out all of these activities as specified in the
plan.
Allied Signal's community relations efforts prompted the Kansas City Star to note that
DOE had come out from behind its traditional veil of secrecy at the plant, which produces
non-nuclear components for nuclear weapons. The concerted effort to share environ-
mental information also won praise for EPA and DOE from local environmentalists in
The Star's news pages. In this case, the public welcomed the outreach and did not raise
questions about EPA collusion with DOE, probably because Region 7 took no active role
in the program once it had reviewed and approved the plan.
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Region 7 scheduled a formal public hearing on DOE's proposal to clean up the first of
the 35 subsites, a PCB-contaminated area that had once run off into a creek leading to
the nearby Blue River before the creek was rerouted. Agency officials spent hours of
preparation in refining and practicing a slide show for this hearing. The slide show was so
succinct that local TV stations were able to show large parts of it on their evening news
broadcasts. Approximately 60 people attended the hearing, yet only one person asked to
make a statement for the record. This was a well-known local environmentalist who
stated that EPA and DOE had selected exactly the right remedy, and that he wholeheart-
edly supported the decision.
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Appendix 2
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APPENDIX 2: CASE HISTORIES
W.R. GRACE FACILITY IN NASHUA, NEW HAMPSHIRE
This case illustrates a situation in which EPA might have averted a contentious permitting
process by anticipating problems, educating the public with regard to the other agencies
involved in regulating the facility, and focusing on resource problems/workload adjustments.
Background
The W.R, Grace Company has operated a chemical manufacturing facility since 1958 in a
highly populated, highly developed area along the Daniel Webster Highway in southern
Nashua, New Hampshire. The facility is located on the banks of the Merrimack River,
which is the drinking water source for approximately 250,000 people in the northern
Massachusetts cities and towns of Lowell, Lawrence, Andover, and Methuen. For this
reason, public and news media interest in the W.R. Grace facility extends across state
boundaries.
The facility has had four chemical releases in the past few years and was the subject of a
five-day multi-media safety audit by EPA in 1989. The most serious accident was in 1988,
when a release of hydrochloric acid vapor forced the evacuation of 2,400 residents of
Nashua and Hudson for several hours.
Regulatory Involvement
In 1985, the State issued a RCRA permit to the W.R. Grace facility for the tank and
drum storage of hazardous waste. The reapplication process for this permit began in
summer 1989. In July 1989, EPA released for comment a draft corrective action permit
that required the facility to conduct a comprehensive environmental assessment of the
facility property through a RCRA Facility Investigation (RFI), set cleanup levels, and
propose cleanup methods. Immediately, the public was confused over the difference
between the two permits. The facility also operates under four additional State and fed-
eral permits.
Public Comment Period Begins
Two weeks before the release of the RCRA corrective action permit for public comment,
the water level along the river dropped, exposing a bright blue stain (iron-cyanide) that
extended for a quarter mile along the western bank of the river. The stain was caused by
the interaction of metals in the soils with a cyanide compound that had apparently been
released into the ground from the W.R. Grace facility sometime in the past. Local resi-
dents were initially able to piece the story together sooner than than EPA, which contrib-
uted to the public's lack of confidence in EPA's ability to handle the situation. Investiga-
tions by the Agency for Toxic Substances and. Disease Registry showed the health risks
from the compound to be extremely low. Nevertheless, the surrounding communities
expressed tremendous concern and fear over the chemical's discovery. This incident
heightened the public's health and safety concerns, and fueled their frustration with both
the regulatory agencies and the company.
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EPA held an information meeting two weeks before the public hearing on the proposed
RCRA permit issuance. This was the first time that the public had been told of EPA's
plans to issue the facility a permit and community reaction was angry and contentious.
Meeting presentations were punctuated by angry shouts and screaming from the attendees.
Given recent events, they did not understand how EPA could even consider giving the
facility a "permit to pollute." People drove in from as far away as Woburn. Massachusetts
to attend the meeting. (The Woburn community had, since the early 1980s, been up in
arms against W.R. Grace for past operating practices in that area.)
Approximately 75 people attended the public hearing that was held in August 1989. The
same people who attended the information session also attended the hearing. The meet-
ing was highly charged. A number of environmental groups were in attendance, one of
which distributed an information sheet containing questions for residents to raise at the
hearing. Both meetings generated significant press coverage. The primary issue was
anger over EPA's plans to issue a permit to a facility that, in the public's opinion, was a
major threat to the community. It also became quite apparent during that period that the
general public was confusing the HSWA corrective action permit with the hazardous waste
storage permit due for reissuance by the State of New Hampshire.
Thus, in addition to becoming a focal point for questions regarding the iron-cyanide dis-
covery and past releases, the public expected EPA to field questions on regulatory issues
apart from the RCRA permit Issues raised by the community included the extent to
which the facility was releasing emissions to the air; suspected violations of the NPDES
discharge standards; the adequacy of emergency planning procedures; and possible safety
threats to the surrounding community.
Many community members commented on the need for more public involvement, possibly
in the form of an EPA-organized citizens' group. EPA suggested that it was more appro-
priate for the citizens to form such a group and W.R. Grace responded by inviting a num-
ber of people - primarily businessmen, teachers, health professionals, and public officials
- to form a Citizens' Advisory Board. Some environmentalists and others who were not a
part of the Board formed their own group, called the Citizens' Oversight Committee.
Elected officials at a number of levels pressured EPA not to issue the permit. Despite the
controversy, EPA went ahead with its plans and issued the RCRA permit (which the com-
pany subsequently appealed) in September 1989.
Community Relations Proeram is Initiated
Following the public hearing, EPA decided to initiate an intensive community relations
effort targeted at the two interest groups described above (Citizens' Advisory Board and
the Citizens' Oversight Committee). EPA augmented its public involvement resources with
contractor support and began by identifying nil of the agencies involved at the site and
their areas of responsibility. EPA then developed a fact sheet and mailing list with those
ten other government agencies involved in some way with the regulation of the facility.
The fact sheet listed the names, affiliations, and telephone numbers for each of the gov-
ernment agencies. After the fact sheet was distributed, EPA conducted community assess-
ment interviews with members of the two interest groups, as well as with local and elected
officials. The two information repositories were reorganized so that the public would
better understand the regulatory structure under which the W.R. Grace facility functions.
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EPA also established contacts with the news media and began meeting with the two inter-
est groups.
Two years later, both EPA and the State are in a much stronger position with the
community. Communication has been established, information has been exchanged, and
EPA, especially, has earned the trust of both interest groups.
Analysis
Although EPA did issue the RCRA corrective action permit, the permitting process was
highly time-consuming, contentious, and frustrating for all parties concerned. Probably the
biggest problems that EPA staff faced were: (1) sorting out the public's confusion over
the multiple entities involved in regulating the facility, (2) lingering suspicions engendered
by the Agency's failure to give the community adequate advance notice regarding its inten-
tion to issue the permit, and (3) a lack of understanding on the part of the community
regarding what a corrective action permit is - that "permit" is a misnomer unless it is used
in the context of an overall facility permitting process.
In the end, EPA established and implemented an excellent public involvement program
for the facility. However, a lot of confusion and aggravation might have been avoided if
the program had been established earlier in the process.
Some of the lessons that can be drawn from this experience include:
1. Anticipate rather than react At the outset of the permitting or corrective action
process, you should conduct at least a "mini-assessment'' of the community(ies) affected by
facility operations to determine the likelihood that RCRA actions will stimulate interest or
outright opposition on the part of the public. See Chapter 2 of this manual for a com-
plete discussion of how to assess the level of public interest in a site. In the case of this
facility, key indicators of the potential for heightened community concern were past activ-
ism around a W.R. Grace "sister" facility, past activism around other Superfund sites in the
area, the facility's location in a densely populated urban area, and the record of past
releases to the environment and resultant news media attention caused by those releases.
You should aiways conduct community assessment interviews for high profile facilities such
as this one.
If EPA had developed a better sense of the strength of community concerns about the
facility, it might have chosen to put more distance between the RCRA public hearing and
(a) the iron-cyanide release, and (b) the beginning ol" the roapplication process for the
state permit. In so doing, EPA would have reduced the likelihood of the public hearing
becoming a "lightning rod" for these issues.
Finally, you should lay groundwork in the form of a lew basic fact sheets and information
meetings well in advance ot a public hearing. Had EPA given the community at least a
"heads up" that the permit was coming, and educated them about the differences between
corrective action and ongoing facility operation, it is unlikely that EPA and company offi-
cials would have been suspected of trying to sneak a regulatory approval past the com-
munity.
In the case of this facility, there was strong opposition to approving the permit from resi-
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dents and environmental groups both close to and outside of the facility community. Ulti-
mately, EPA had to deal with not one but two organized interest groups. In retrospect,
EPA might well have considered establishing some kind of community advisory group to
try to constructively channel and resolve ongoing community concerns about the facility.
By forming such a group early in the process, you can conserve your own resources (time
saved in meeting with one large group rather than several smaller ones), and create a
situation where the participating individuals and groups are more likely to work jointly
(with you and each other) than at crosspurposes.
2. Educate the public on the various agencies involved in regulating a facility. One of
the first things that the EPA project manager did, following the disastrous public hearing,
was to determine which agencies were involved in regulating the W.R. Grace facility and
get that information out to the public. Had this been done earlier in the process, the
public's confusion might have been minimized. Developing a fact sheet at the very begin-
ning of the process that provides information on all of the regulatory activities relevant to
a facility and the community can be a very valuable public involvement building block.
Subsequent mailings from the various agencies might include a box devoted to updating
the community on other regulatory activities associated with the facility. You might also
consider including a continuously updated timeline.
You should also give the involved agencies an opportunity to review and comment on
your technical schedules and public participation plan (if you develop one). Prior to
developing such a plan, be sure to find out if other agencies are doing public involvement
activities at the facility, and see if you can coordinate activities to complement each other.
EPA might also have decided to have state representatives available at the information
session to answer questions about state-regulated activities and steer future questions from
the public to the right people. In the case of a public hearing, while all of the agency
representatives need not be in attendance, you should know the general status of other
projects and have a sheet of contact names and numbers available for referral to
interested members of the public.
3. Focus on resource problems/workload adjustments. EPA's job was exacerbated'by the
fact that (a) the project manager had no support from an Agency community relations
specialist, and (b) given the reputation of W.R. Grace in the community, EPA was reluc-
tant to turn over any responsibilities for community relations to the facility. What did the
EPA project manager do? He got contractor support.
If you assess the facility to be a high profile site, you need to immediately think about how
to maximize and possibly augument the community relations resources available. If you
are unable to get staff assistance, you may be able to access a community relations
contractor.
You also need to think about adjusting your workload to allow you to devote additional
time to public involvement activities. Recognize that public involvement pressures are
usually cyclical (i.e, correspond to technical milestones). The more work that is done up
front, the less time you usually need to devote later on.
Also, although the company's standing in the greater Nashua area precluded the EPA
project manager from enlisting the company's help in the public involvement effort, you
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can oftentimes ask a facility to contribute to the public involvement program in a way that
does not compromise the credibility of the program. For example, you might have the
facility do the time-consuming work of pulling together information materials and setting
up meetings, but arrange to have the material go out under your name or jointly. Be
creative about working with the facilities. Help them see that they are the ones who most
directly benefit from the fruits of a good public involvement program.
THE ENSCO HAZARDOUS WASTE MANAGEMENT FACILITY IN MOBILE,
ARIZONA
This case illustrates a facility permitting effort that would have benefitted from the implemen-
tation of a concerted public involvement program early on in the process. It also points to
the value (in hindsight) of taking advantage of what other EPA and state personnel have
learned from meeting with the community on similar permitting projects -- in this case, one
that involved several proposed incinerators.
Background
In the late-1970s, the State of Arizona began the development of a State Hazardous
Waste Management Program. The Arizona Department of Health Services (ADHS)
developed preliminary hazardous waste regulations and began to investigate possible loca-
tions for siting a hazardous waste management facility. A "best site" was identified in 1978
in Yuma County and a public meeting was held in the county to advise the local residents
of ADHS' tentative decision. In response to intense local opposition, the State legislature
became involved in the issue.
The passage of the State's Hazardous Waste Siting Act in 1980 directed ADHS to conduct
a new siting study, including generation of another list of potential sites. ADHS com-
pleted the analysis and developed a draft report that was the subject of three public
hearings. A total of 368 people attended the hearings; 53 people testified; and 200 pieces
of written testimony were submitted. The 1981 report narrowed the search down from
eleven sites to three. The report also made two significant recommendations: (1) that the
facility be owned by the State (to provide for perpetual management) and be operated by
a private entity under contract; and (2) that a "full and open debate" be solicited on
allowing the facility to accept (import) waste from other states. This second recommenda-
tion was based on projections related to the relatively low volumes of hazardous waste
that would be generated in Arizona during the early years of the facility's operations, and
the consequent projected high costs for disposal during those years. By importing waste
from other states, the operating costs would be significantly reduced.
In response to the draft report, legislative hearings were conducted and, within a relatively
short period of time, the Legislature chose the Rainbow Valley site (near the town of
Mobile) for the facility. This action was codified into law in February 1981 by Governor
Bruce Babbitt.
The Arizona legislature also directed ADHS to acquire title to the one-square mile site
for facility development. ADHS took steps in 1981 to begin acquiring federal land from
the Bureau of Land Management for the facility and prepared an Environmental Impact
Statement on sale of land to Arizona for purposes of constructing a hazardous waste treat-
ment, incineration, and landfill facility. The League of Women Voters was selected to
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initiate the HIS scoping process and two days of meetings were held in Mobile and
Phoenix in February 1982. Approximately 60 people and 45 people, respectively, partici-
pated in the meetings.
In updates to the State legislature that year, ADHS further discussed issues relating to
waste importation. ADHS conducted one public meeting and two public hearings on the
draft EIS in February and March 1983. Substantial comments were received, including
written comments from 31 individuals and organizations and oral comments from 6 people.
One of the issues addressed in the EIS was the potential impacts from interstate shipment
of PCB and other organic wastes to the facility. All of the comments were addressed in
the final EIS, which was issued in July 1983. BLM developed a proposed decision on the
sale of the land to ADHS and initiated public notice in September 1983. A group calling
itself Concerned Citizens of Rainbow Valley collected approximately 1,185 signatures in
opposition to the Mobile site. Despite the petitions, BLM proceeded with its plans to
transfer ownership of the land to the State. The plan to require private financing of the
proposed facility was included in an amendment to the State Hazardous Waste Siting Act
in 1983.
ENSCO was the company chosen for the job of financing, designing, constructing, and
operating the facility, following a competitive bidding process. During that same time,
ADHS conducted a survey of the Rainbow Valley residents to enable the State to under-
stand the precise nature and strength of community concerns; According to State offi-
cials, the results were mixed. Although the survey results revealed opposition to the proj-
ect, area residents welcomed the anticipated new jobs that the project would create, and
were reassured by the existence of a buffer zone planned for the site.
The State assumed legal ownership of the Rainbow Valley property in 1984. In Januaiy
1986, the State signed a contract with ENSCO that provided for a "full service facility"
with storage and treatment units (including incineration), and land disposal. In that same
year, ADHS approved ENSCO's updated business plan that included phased construction
of at least two incinerators.
In July of 1987, the Arizona Department of Environmental Quality (ADEQ) was extracted
from ADHS as an independent agency. In August, ENSCO submitted a revised plan to
expand the landfill and add a third incinerator; the plan was partially approved by ADEQ.
The EIS was not revised subsequent to this change. However, a transportation risk assess-
ment study was completed, which discussed the risks associated with waste importation to
the site.
ENSCO was required to get a number of permits pursuant to its contract with the State,
including an ADEQ-issued Air Quality Installation Permit for the three incinerators; a
State-issued Solid Waste Approval permit; a State-issued Groundwater Protection Permit;
and a federal PCB incineration permit. At the time that the State permits were issued,
ADEQ had no regulatory authority to hold public hearings on the proposed air quality
permits. In February 1988 ADEQ did hold a public hearing in Mobile on the proposed
Groundwater Protection permit. According to State officials, the meeting did not reveal
any major opposition to the Project at this point By 1989 ADEQ had approved all of the
State permits and minor construction activities began on the site. Development of addi-
tional permit applications was in progress.
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In April 1990 ADEQ announced its plans to hold a joint ADEQ/EPA public hearing on
additional RCRA permit applications needed to install and test the incinerators. The
hearing date was scheduled for May 7, 1990 in Mobile.
EPA had just recently held a RCRA hearing on an incinerator in Southern California that
became very unruly, and so contacted the State to offer advice about meeting preparations
for the ENSCO facility. Members of Greenpeace, one of the primary activist groups par-
ticipating in the California hearing process, had actually picketed EPA's regional office in
San Francisco. At the California hearing, attendees blew whistles and overturned tables
and chairs.
In fact, in the weeks prior to the May hearing, local Arizona newsmedia were reporting
that Greenpeace organizers had been talking with area environmental groups. In late-
April, Greenpeace members staged two major protests: one an ongoing vigil on the
Capitol Mall in Phoenix; the other a one-day protest on the facility site, where
Greenpeace members chained themselves to trucks and hung a banner on a building. It
was rumored that public opposition to the facility siting process was gaining tremendous
momentum.
ADEQ officials did not accept EPA's offer to help in the meeting planning arrangements,
but they did increase the number of chairs both in and outside of the meeting facility and
set up speakers on the lawn to enable an overflow crowd to hear the proceedings from
outside. Despite these preparations, ADEQ was wholly unprepared for what happened at
the meeting.
The room was far too small for the 300 people who came, and most people were forced to
remain outside. Greenpeace organizers and other environmentalists were present in large
numbers. Members of the crowd became extremely agitated and the situation quickly got
out of control. The agitation of the crowd was evident by the pushing, shoving, and
screams from both inside and outside. The meeting was punctuated by shouting and
yelling, and the pounding of fists on the windowglass outside. ADEQ officials feared that
the windows would soon shatter. The police overreacted, and violence erupted. The
situation deteriorated to the point that the Sheriffs Department used stun guns on angiy
community members and environmental organizers. Following the stun-gunning and
arrests of twelve people, the State decided to continue with the meeting, rather than shut-
ting it down and rescheduling. The meeting went well past midnight. Following the meet-
ing, people from both ADEQ and Greenpeace received death threats.
The Governor's office stepped in after the meeting and proposed to extend the public
comment period through November 1990 and conduct additional meetings. In June, a
two-day public hearing was held in Phoenix and a one-day hearing was held in Tucson.
These meetings were held in very large rooms (5.000 + capacity) and involved heavy secu-
rity and detailed contingency plans. The State and EPA collaborated on the meetings,
which emphasized low-profile security, adequate meeting space, and involvement of a
neutral party as facilitator. While still very close to becoming unruly, these meetings were
more successful in allowing the community to voice its opinions about the ENSCO facility.
Nevertheless, the meetings were hampered by participation by individuals who seemed
more intent on disrupting the proceedings than in listening to the information that the
agencies had to offer.
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Also in June, ENSCO voluntarily ceased work at the site and began conducting a media
campaign regarding the facility. Prior to this time, ENSCO had issued brochures and
other informational material about the facility and, in 1988, the company had conducted a
tour of the facility for a delegation from the State legislature. According to State officials,
further efforts were not deemed necessary, given the relatively low level of community
concern that had been evidenced prior to 1990.
ADEQ received approximately 1,700 public comments during that public comment period,
covering approximately 200 subject areas. The concerns covered a range of issues, with
strong opposition to importation of hazardous wastes, and the charge that the State and
ENSCO were in collusion to keep the real details of the project hidden from the public.
The EIS was said to be wholly inadequate, as well.
There was a change in governorship in 1991, and Fife Symington (the new governor)
directed ADEQ to look into the feasibility of buying out ENSCO. This is because the
State recognized that the ENSCO project could not possibly go forward if waste importa-
tion was part of the deal; however, the Agency was bound to allow importation by the
terms of its contract with ENSCO. The State's only options were to either buy ENSCO
out of the company's part of the contract, or risk losing an estimated $150 million lawsuit
filed against the State by ENSCO, In May 1991 Symington announced that the State
would buy out ENSCO for $44 million. Governor Symington declared that ENSCO had
agreed to completely shut down the facility and that the project was "mothballed" and that
all ADEQ permitting efforts had been suspended. At this time, it's not clear how the
Project will proceed. ADEQ still needs hazardous waste capacity, but the political climate
that resulted from the recent chain of events makes any course of action difficult to
pursue at this time.
Analysis
The RCRA public involvement requirements are much less stringent than are those of
Superfund. No actual public involvement activities are required until the point that the
draft permits are set to go out for public comment. Thus, if you follow the letter of the
requirements, you risk being surprised, as was the state, when vehement opposition to
your project develops seemingly out of nowhere. Some of the lessons learned out of
this case include the need to:
1. Reevaluate the politics of your project on a continuous basis. Be prepared to adjust
your public involvement program at any point to best suit the needs of both you and
your public. In hindsight, ADEQ should have put off the hearing for a few months and
used the time to go out and meet with the various factions that had developed within and
outside of the community. A public hearing is the last place where you want to learn - in
this case for the first time - who is your concerned public and what they think about the
project. This is especially the case when you suspect the public hearing may be used as an
opportunity for media attention on the part of some members of the public.
As the technical process develops, you need to be continuously analyzing and trying to
understand the public's information needs, issues, and "stakes" in the process. Meet with
residents and community groups prior to major meetings - in small groups if possible, or
in a series of information sessions. Continue to meet until you understand the commu-
nity's point of view and the strength and depth of cofmmunity concern and/or opposition.
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2. Consider the operation you are permitting in the broader context. In fact, opposition
to incineration had become a highly controversial issue by the late '80s. ADEQ's experi-
ence in Mobile and EPA's experience in Southern California were just the tip of the
iceberg of an emerging local and national activism that groups like Greenpeace were
spearheading.
Take advantage of what others know: use your professional network. You cannot get too
much help and advice from others who have been through a similar situation, when it
comes to dealing with the public on environmental issues. Although there is no guarantee
that closer collaboration with EPA would have resulted in a public hearing that did not
help to derail the permitting process, it is highly likely that the hearing would have been a
lot less contentious and inflammatory had ADEQ taken EPA's advice about room size and
strategies.
3. Institute a two-way public involvement program. Although the concept of providing
for more give and take in the outreach process is beginning to be embraced in the corpo-
rate PR philosophy, the environmental public involvement programs are significantly dif-
ferent from classic PR campaigns. While environmental public involvement is designed to
provide for two-way communication between the agencies and the public, public relations
campaigns are primarily about one-way communication to sell a project or a service.
Whether you are an agency responsible for the public involvement program, or you have
delegated that responsibility to the facility, it is crucial that this distinction be made and
that a genuine public involvement program be established.
While it is appropriate - oftentimes necessary - to have the facility handle a large part of
the public involvement responsibilities, you as the permitting agency must be in contact
with the affected community in order to establish a relationship that will not only with-
stand the involvement of outside interests, but will result in a project that is mutually
acceptable to you, the facility, and the community.
In the ENSCO case, some kind of regular communication process-should have been estab-
lished with the Rainbow Valley residents from the day the petition was submitted. Mail-
ing lists should have been developed from previous public meetings and hearings, and
notes made of the groups that were testifying in front of the State legislature in earlier
ypars. Given the magnitude of the project, the signs of public discontent (albeit sporadic)
and the political controversy surrounding incineration projects nationwide, a dynamic, two-
way public involvement program should have been established that signalled a recognition
on the part of ADEQ of the project's sensitivity.
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Appendix 3
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APPENDIX 3: PUBLIC INVOLVEMENT RESOURCES
There are a variety of resources available to help you plan and conduct RCRA public
involvement activities. Below are a few of the things available to you.
Your RCRA Public Involvement Coordinator
Many EPA Regions and State agencies have a staff person dedicated to RCRA public
involvement. The person is often called the RCRA Public Involvement Coordinator
(PIC) and is usually a member of your agency's public affairs staff. S/he can help you plan
and conduct public involvement activities. A coordinator also serves as a liaison between
the public and permit writers, enforcement personnel (both EPA and state), facility own-
ers/operators, and other appropriate individuals or groups.
RCRA Public Involvement Reference Catalog
This three-volume document contains hundreds of sample public involvement materials as
well as valuable information on a variety of hazardous and solid waste issues. Each EPA
Regional headquarters office has-a copy of this document Contact the EPA Regional
Public Involvement Coordinator or Public Affairs Office in your EPA Region if you would
like to use the catalog.
RCRA Storyboards
EPA has created numerous freestanding, laminated storyboards for each EPA Region to
illustrate important RCRA-related issues, such as the permitting process. These
storyboards are excellent for openhouses, workshops, public meetings, and the like.
Contact the EPA Regional Public Involvement Coordinator or Public Affairs Office in
your EPA Region if you would like to use the storyboards.
Fact Sheet Templates
Your EPA Region may have L'act sheet templates. Templates are "skeletons" of a tact
sheet in a computerized graphic format. The templates include standard RCRA informa-
tion (e.g., an explanation of the steps in the corrective action process) but leave room tor
you to drop in facility-specific information. These templates allow you to produce a pol-
ished fact sheet without rewriting or designing. Contact the EPA Regional Public Involve-
ment Coordinator or Public Affairs Office in your EPA Region if you would like to use
the templates.
Training and Other Videos
Some EPA Regions have instructional videotapes on RCRA public involvement and other
relevant topics, such as risk communication. Ask your EPA Regional Public Involvement
Coordinator or Public Affairs staff if they have access to instructional videos.
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Facilities
Even though it is essential to clarify that oversight of public involvement activities is the
sole responsibility of the permitting agency, facility owners and operators are a valuable
resource available to you in implementing your public involvement strategy. Public educa-
tion activities may be initiated by owner/operators and should be encouraged, particularly
when resources are limited. The more public outreach the facility conducts, the more
time you will have to devote to other public involvement activities at that facility or anoth-
er one. See Appendix 1 for more information on influencing facilities to conduct public
involvement activities.
Contractors
There may be contractors working for your Region who can conduct some of the more
time-consuming activities, such as conducting community interviews, coordinating logistics
for public meetings, and preparing routine fact sheets. You also may want help from
graphic designers, typesetters, public affairs and management personnel, and support staff.
You should contact your contract officer for advice on getting contractor support for your
public involvement needs.
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