LEAKING UNDERGROUND STORAGE TANKS
a Public Participation Guide
for Region 8 States
Underground Storage Tank Program Section
U.S. Environmental Protection Agency
Region 8
Denver, Colorado
-------
-J- 51 3
! U.S. EPA Region 8 Libr,
) c i
a ry
12%
27?
999 I8[n S( , Suite ^00
Denver, CO 80202-2466
PREFACE
This handbook was prepared by the Region 8 Underground
Storage Tank (UST) Program Section, Hazardous Waste Management
Division. It is intended to help States develop a public
participation program for Leaking Underground Storage Tanks
(LUSTs).
The handbook has simplified and distilled strategies and
techniques from other EPA Community Relations documents; much of
its information has been culled from EPA experiences with the
Superfund program. Yet, this handbook has also incorporated new
information that applies uniquely to the LUST program.
Throughout the handbook, excerpts and adaptations from the
following are included:
Community Relations in Superfund: A Handbook. Prepared by
ICF Incorporated for the U.S. EPA. June 1988 (Interim
Version).
Guidance on Public Involvement in the RCRA Permitting
Program. Prepared by the Office of Solid Waste, U.S.
EPA. December 6, 1985.
Specific sections, however, are adapted from the following
sources:
Part VI: Dealing with the Public:
Michaelson, Lewis. "Conflict Management." Presentation at
Community Relations in Superfund: Concepts and Skills
for Response Staff course. Denver: August 9-10, 1988.
Schwartz, Marcy. "How to Conduct Effective Meetings."
Presentation at Community Relations in Superfund:
Concepts and Skills for Response Staff course. Denver:.
August 9-10, 1988.
Part VII: Dealing with the Media:
Corrado, Frank. "Media Relations." Presentation at
Community Relations in Superfund: Concepts and Skills
for Response Staff course. Denver: August 9-10, 1988.
Finally, the handbook was written by Bill Porter. Comments
and suggestions on draft copies were sought from Debra Ehlert,
Randy Leu, and James Rakers of Region 8 UST Program staff; Nola
Cooke, Marilyn Null, and Jane Russo of Region 8 Office of
External Affairs staff, and Melissa Shapiro of U.S. EPA Superfund
Community Relations staff.
-------
CONTENTS
Part I: Introduction 1
Part II: Objectives and Tasks 3
POLICY AND PROCEDURES
Part III: Public Participation Plan 5
Part IV: Public Involvement Assessment 8
Identifying Contacts 8
Interviewing Relevant Contacts 10
Determining Extent of Activities 12
Public Involvement Work Plan 12
Communications Strategy 14
Part V: Site Milestones and Public
Involvement Activities 15
SUGGESTIONS FOR SUCCESS
Part VI: Dealing with the Public:
Public Meetings and Conflict Management 20
Public
Meetings 20
Minimizing Conflict: Approach to the Public 21
Resolving Conflict 22
Part VII: Dealing with the Media: Tips for Success 24
Identifying Appropriate Media 24
Strategy 24
Interviews 24
Problems 25
Part VIII: Working with Limited Resources 26
ACTIVITIES
Part IX: Specific Public Involvement Activities 27
Briefings 28
Fact Sheets 29
News Conferences 30
Press Releases 31
Public Meetings 32
Public Notices 33
Site Tours 34
Small Group Meetings 35
Telephone Hotlines 36
APPENDIX A
40 CFR Subpart F (Sections 280.60-67) 37
-------
Charts
CHART 1: Sample Contact List 9
CHART 2: Who to Interview 10
CHART 3: Sample Interview Format and Questions 11
CHART 4: Sample Public Involvement Work Plan 13
CHART 5: Sample Communications Strategy Format 14
CHART 6: Site Milestones and Public
Involvement Activities (summary table of Part V) 19
CHART 7: Process for Analyzing and Resolving Conflict 22
-------
I. INTRODUCTION
Public awareness of environmental issues continues to grow.
The release of any hazardous substance into the environment has
become a central concern to citizens throughout the United
States. With such horror stories as Times Beach dominating past
headlines, citizens become concerned when they discover any sort
of environmental or health threat in their community. Keeping
people involved and informed in clean-up actions affecting their
community has thus become essential.
Leaks from petroleum storage tanks have recently come to
light as an additional environmental problem. The EPA estimates
between 50,000 to 200,000 leaking underground storage tanks
(LUSTs) may exist. In response, Congress amended the Resource
Conservation and Recovery Act to create a special trust fund to
clean up petroleum leaks from these tanks. All Region 8 States
(Colorado, Utah, Wyoming, North and South Dakota, and Montana)
have entered into cooperative agreements with the EPA to help
administer the funds. Under their agreements, States may compel
tank owners and operators to undertake, or pay for, a variety of
clean-up responses. Or, in cases where immediate action is
needed or where owner/operators are unwilling or unable to
conduct clean-up activities, the States may tap directly into the
Trust Fund themselves.
*****
Any clean-up procedure must stress two-way communication
between the affected community and the government agencies
cleaning up the LUST. Public participation activities should
ensure that the local public is provided with accurate and timely
information about response plans and progress, and that their
concerns about these planned actions are figured into any
decisions made about the site.
Recognizing the concern a community affected by a LUST may
have, EPA asked States to develop a public participation plan1 as
part of their Trust Fund agreements. This handbook provides some
guidance in developing this plan. It seeks to both highlight
important community involvement issues and provide general
guidance on public participation activities during LUST cleanups.
The first main section of the handbook offers a framework
for creating the public participation plan. The four-part
approach to a plan in Part III (beginning on page 5) and the Site
Milestone and Public Involvement Activity Chart on page 19 should
1 The phrases "public participation," "public involvement"
and "community outreach" are synonymous, and all refer to ¦
activities that inform and involve the public during the cleanup
of a LUST site.
1
-------
prove especially helpful. The last two sections of the book
offer tips and information on successfully conducting public
involvement activities. Once the public participation plan has
been developed, these sections help in implementing it
effectively.
Throughout, the handbook has been designed to be as simple
as possible. Although it runs some 40-or-so pages long, it is
designed to be read quickly and easily. Several charts are used
to summarize material in an accessible manner.
The need to conduct comprehensive public involvement
activities will increase in the coming years. Greater public
concern is anticipated, as people become more aware of the LUST
problem. Some Region VIII States are already experiencing public
involvement problem with their LUST sites. As more tanks are
discovered, public involvement activities will become more
essential - and more difficult.
Hopefully, this handbook will provoke thought among the
various State agencies. EPA estimates contamination will be
found at 350,000 LUST sites during the next five years - meaning
significantly more clean-up activities will occur under the Trust
Fund. Agencies2 need to develop strategies and resources now -
and get a "head start" on the situation..
2 Throughout this handbook, the term "agency" refers to the
particular State agency, department or office given
responsibility for cleaning up LUST sites. The Code of Federal
Regulations refers to this agency as "the implementing agency."
2
-------
II. OBJECTIVES AND TASKS
"Responsiveness" must be the key word in a LUST clean-up
action - responsiveness to local problems, concerns, and
questions. The complete solution to a LUST must resolve both the
environmental threat and the community's concern over this
threat. LUST cleanup is a positive action, but the community
perceives it that way only if its members feel their needs are
being taken into consideration.
To this end, a complete public participation strategy will
incorporate the following tasks:
* Inform the public of planned and ongoing actions.
Most importantly, public involvement activities must
thoroughly inform the local public of the nature of the
environmental problem, the threat it may pose, the agency's
response to it, and the progress being made. Activities are
most effective when initiated as early as possible.
* Recognize that each community is different.
Interest in and opinions about a LUST site will vary by
community. Moreover, the nature of the UST leak will differ
as well. Thus, the agency must recognize public
participation activities will be different for every LUST
-discovered. Public involvement efforts must be tailored to
the distinctive needs of each community.
* Solicit comments and information from affected citizens in an
active manner.
The people who are the most concerned about a site or
release are usually those who consider themselves to be
directly affected - those who perceive their health or
economic well-being to be threatened. Public involvement
efforts must focus on these people, and the clean-up
approach should take their concerns - as stated by that
community - into account. Identifying these concerns allows
the agency to be as responsive as possible to community
needs.
* Give citizens the opportunity to comment on decisions.
Both LUSTs and LUST clean-up actions impact the
surrounding area. Clearly, local citizens should be
encouraged to contribute to decisions that will have long-
term effects on their community. A public participation
program seeks to develop a full understanding of local
opinions, and incorporate these views into any decisions
made about the site.
* Resolve conflict.
Some communities may express their apprehensions or
doubts about the cleanup more strongly, and conflict may be
unavoidable. Still, this conflict can be constructive if it
3
-------
brings into the open alternative viewpoints based upon solid
reasons for criticism or dissent. Despite the problems it
creates, conflict should not be discouraged. Indeed, an
effective community relations effort channels conflict into
a forum where it can serve a useful purpose; it strives to
anticipate, identify, and acknowledge areas of conflict so
that decisions can be made with full understanding of
community views.
* Involve the responsible party.
Sometimes, the owners/operators of the tank may want to
initiate public outreach efforts of their own. The agency
must assure the owner/operator's role is constructive and
supportive of the clean-up efforts. However, the public
must always realize that the agency's decisions are based on
the need to protect human health and the environment, not
the owner/operator's interests.
* Conduct activities professionally.
Public involvement activities should convey to the
public that the agency is taking its community outreach
program seriously. Despite resource limitations, quality
should never be sacrificed. If the agency cannot handle
community relations in a credible manner, the local public
may begin to wonder whether it can handle the actual cleanup
credibly.
4
-------
PUN AND PROCEDURES
Part III: Public Participation Plan
Part IV: Public Involvement Assessment
Part V: Site Milestones and Public
Involvement Activities
-------
III. PUBLIC PARTICIPATION PLAN
This section highlights the general procedures any public
participation plan should observe. Subsequent sections provide
the more detailed information on these procedures. While public
participation approaches will vary by both site and community, a
general plan should follow a four-step procedure.
(1) Public Involvement Assessment
A Public Involvement Assessment should be conducted for each LUST
site to identify:
a) the major community concerns regarding the site;
b) citizens, officials, and groups in the area who are
especially interested in the site;
c) the best means to provide information to the public
and, in return, to obtain public comment and input.
Although resources may be limited, some attempt must be made to
identify these factors. Surveying community concerns is
relatively simple, and usually involves only one to two days of
interviewing a few key officials, citizens, and other interested
parties. More detailed information on the Public Involvement
Assessment can be found in Part IV, beginning on page 8.
(2) .Public Involvement Work Plan
Based on the Public Involvement Assessment, a Work Plan detailing
appropriate agency activities is developed. The agency discovers
what needs the community has, and then creates a plan to meet
these needs. In this Work Plan, the agency confronts community
problems at a site and works out constructive solutions.
The Public Involvement Work Plan accomplishes two goals:
a) provides a detailed approach that clarifies for the
community what exactly the agency will do in terms of
public involvement;
b) provides thorough background on community concerns and
written guidance on agency activities for all agency
staff members.
The Work Plan should be concise and simple. It can be written up
in perhaps one-half hour.
At the same time, a Communications Strategy should be drafted
that assigns specific activities to specific individuals, and
targets their completion dates. The strategy should ensure these
activities parallel the activities in the technical corrective
action work plan.
Samples of the Work Plan and the Strategy are found on,
respectively, Chart 4 on page 13 and Chart 5 on page 14.
5
-------
(3) Target Required Public Involvement Activities
Any corrective action plan for additional soil and/or groundwater
cleanup (beyond the initial free product recovery) is subject to
EPA public participation requirements. According to 40 CFR §
280.67[a], the ,agency "must provide notice to the public by means
designed to reach those members of the public directly affected
by the release and the planned corrective action." Such notices
could be:
* public notices or block advertisements in a local
newspaper
* public service announcements
* publication in a State register
* letters to individual households
* personal contacts by field staff
Under certain conditions, the agency is required to conduct
additional public involvement activities:
* Notify the public (as above) if the approved corrective
action plan does not achieve established clean-up
levels and is considered being terminated.
* Make available all site release information and
decisions concerning the corrective action plan to the
public upon request.
* Conduct a Public Meeting to consider comments on the
corrective action plan when there is sufficient public
interest (though not mandatory, strongly recommended).
Refer to Part IX: Specific Public Involvement Activities
(beginning on page 27) for detailed discussions on conducting
these public involvement activities. Also, refer to Appendix A
on page 37 for the complete requirements in 40 CFR Subpart F
(§§ 280.60-67).
(4) Target Additional Public Involvement Activities
In addition to the required activities, additional public
involvement activities should be considered as well; the minimum
requirements are rarely enough. Again, appropriate public
involvement activities will vary from site to site. Success
comes from matching specific needs in the community with specific
activities.
Thus, the agency must be prepared to deal with a wide range of
possibilities - from simply issuing a Public Notice to conducting
a Public Meeting. Refer to Part IX: Specific Public Involvement
Activities (beginning on page 27) for more detailed discussions
on these and other public involvement activities.
6
-------
Overall, remember: results are never guaranteed, even from
the most carefully planned, public participation effort. Keeping
the community well-informed and actively soliciting information
and ideas from residents is critical. However, this process does
not guarantee that the community will be entirely satisfied with
the clean-up actions taking place at the site. When things do go
wrong, public participation staff will need to become skilled
negotiators as well. ["Minimizing Conflict" and "Resolving
Conflict" (pages 20-23) in Part VII: Dealing with the Public may
prove helpful at this point-]
7
-------
IV. PUBLIC INVOLVEMENT ASSESSMENT
The Public Involvement Assessment is the most important
aspect of a public participation plan. The Public Involvement
Assessment ensures the agency has a thorough grasp on the
community concerns surrounding a LUST site.
The Public Involvement Assessment seeks to identify
citizens, officials, and groups in the area who are especially
interested in the site. It also gauges the community concerns
about the site. Because it provides such a complete
understanding of the community, the agency can make efficient
decisions on the public involvement activities needed for the
site. Moreover, it can identify potentially nasty conflicts
before they become uncontrollable.
Identify Contacts
Locate various individuals and groups who can supply information
on the community, its reactions to the LUST site, and its
concerns regarding the site. This Contact List will provide a
working list of individuals who should be kept informed of
progress at the LUST site^. More importantly, it pinpoints which
individuals the agency should interview for information about the
community. Use the following sources to track down these
contacts:
* individuals directly affected by the LUST:
o local residents
o local businesses
o relevant officials
* local organizations:
o health and environmental agencies
o local congressional office
o State elected officials
o local elected officials
o media
o environmental groups
Generally, a Contact List will include the same types of
individuals and groups. A sample list of these potential
contacts - which will apply to most LUST sites - can be
found on the next page (Chart 1 ).
3 Depending on the extent of the LUST clean-up, the Contact
List could utilize mailing addresses or phone numbers (or both)
to contact individuals. A list of telephone contacts would be
more appropriate if only a few individuals need to be contacted,
while a mailing list would be best for larger sites/communities.
8
-------
* develop a mailing list or telephone contact network from the
Contact List:
o notify all concerned individuals and groups about the
LUST and its ensuing cleanup,
o update these individuals and groups as necessary,
o revise the Contact List frequently; add names of any
nev individuals who are interested in the site.
CHART 1
Sample Contact List
Essential Contacts:
o
Local Residents*
o
Local Businesses*
Elected Officials:
o
Local Congressperson*
o
Local State Legislative
Representatives*
o
Mayor/City Manager/County
Commissioners*
o
City Council
o
Governor
Media:
o
Community Newsletter*
o
Community Weekly Paper
o
City Daily Paper
o
Radio/TV Stations
Organizations:
o
Homeowner's Association*
o
Local Reality Board*
o
Environmental Groups*
o
Local Libraries
o
Chamber of Commerce
o
School Superintendent
o
League of Women Voters
* Indicates Contacts
who would be on a Contact List
for virtually any
LUST
site
9
-------
Interview Relevant Contacts
* target individuals for interviews:
o choose people who have a strong knowledge of the
community and possible concerns about the site. See
Chart 2 below,
o set up a phone interview or one in person.
* notify the press:
o notify the press of the site by phone call or Press
Release; for more significant sites, a News Conference
may be more appropriate4,
o set up an interview with 1-2 local reporters - the
press can provide important information on community
reactions to the site.
CHART 2
Who to Interview
* for most sites, talk with:
o 3-4 residents - especially any vocal ones
o the Mayor and/or County Commissioner
o a representative of a local business association
o 1-2 members of the local press
* for every site, regardless of its size, set up meetings
with:
o those affected by the site (residents or
businesses)
o local press representative!s)
* Remember... Not every individual or group on the
Contact List needs to be interviewed. Indeed, for most
sites, no more than 10 people need to be interviewed;
the idea is to merely conduct a general survey of the
community's concerns.
* prepare for the interviews:
o learn as much as possible about the s.ite and the
community in advance,
o review any available files that contain news clippings,
documents, letters, and any other sources of
information about the site,
o prepare a list of general questions. See Chart 3, next
page, for a list of sample questions.
4 Public involvement activities highlighted in bold indicate
a complete description of the activity is found in Part IX:
Specific Public Involvement Activities, beginning on page 27.
1 0
-------
CHART 3
Sample Interview Format and Questions
* Interviews should last no longer than 20-30 minutes.
* At the beginning of the interview...
o identify yourself
o explain how the interviewee's name was obtained
o briefly explain the agency's intentions at the
site and its interest in community opinions
* Questions...
o Do you know about the leaking tank?
o Do you have any particular questions about the
site?
o Do you have any information about the site?
(who was the last owner?, etc.)
o What rumors have you heard about the site or
the site cleanup? (clarify any misinformation)
o How would you like to receive information about
the site? A letter? Notice in a particular
newspaper?
o What level of detail do you want about the
site? (general update, or highly specific and
technical?)
o Where is a good place for a public meeting?
What is a good time of the day to hold a
meeting?
o Where would be a good place for an information
center? What sort of information would you
like to see in it?
o Is there anybody else I should talk to get
a different perspective on the site?
* Leave a business card or the name and number of a
contact person.
For those on the Contact List not interviewed...
* notify each individual and group of site activities:
o encourage them to relay any comments or questions about
the LUST to the agency,
o depending on the severity of the leak, the number of
contacts, and the agency's resources, notify the
contacts by phone or letter.
1 1
-------
Determining Extent of Activities
Public participation activities should always be conducted.
However, the amount of effort needed to accomplish each of these
objectives will vary by site. Each LUST site and each community
will be different; public participation procedures will change
for each site. The key to a successful public participation
program is targeting activities to the distinctive needs of the
community.
Ascertain the needs of a community outreach program based on the
following criteria:
1) Site Factors:
* Number of the tanks
* Location of the tanks (unpopulated rural area or vast
urban center)
* Environmental damage the leak has caused (contaminated
soil or contaminated aquifer)
* Attitude of the responsible party (if one is found)
2) Level of Community Concerns.
3) Type of LUST Concerns:
* Threat to health (both self and family)
* Impact on economy (job loss?)
" * Affect on property values
* Odor from leak
* Aesthetics of cleanup
* Affect on tourism
Draft Public Involvement Work Plan
Keeping the needs of a community in mind, the Work Plan targets
the public participation activities that will most effectively
disseminate information and deal with these concerns. The key to
a successful public participation program is targeting activities
to the distinctive needs of the community.
Chart 4 on the following page suggests a format for developing a
Public Involvement Work Plan. It is based on Superfund's
Community Relations Plan, which specifies in writing the
activities the community relations staff will undertake at a
given site. The plan is required by law (CERCLA, as amended),
and is probably more detailed than is necessary for a LUST
cleanup. Still, it provides a general strategy and a framework
to work with when developing any sort of public participation
program.
1 2
-------
CHART 4
Sample Public Involvement Work Plan
I. Overview of Public Involvement Work Plan
This section provides a general introduction to the
Work Plan by summarizing the plan's purpose and central
features. This section should not be a repetition of
general program goals (e.g., "Keep the community
involved.11)
II. Capsule Site Description
This section provides, in easily understood terms, the
historical, geographical and technical details of the
site (e.g., site location, date of release, nature of
threat).
III. Community Background
This section describes the community and reviews its
involvement with the site. Three topics should be
covered:
1) Community profile: The economic and political
structure of the community, and key community
issues and interests.
2) Chronology of Community Involvement: How the
community has reacted to the site, action
taken by citizens, and attitudes toward
government roles and responsibilities.
3) Key Community Concerns: An analysis of the
community's concerns regarding the risks
posed by the site.
IV. Highlights of the Public Participation Program
This section provides concrete details on public
involvement approaches to be taken, which follows
directly from Section Ill's discussion of the community
and its perceptions of the site. More importantly, it
should develop a strategy for communicating with a
specific community.
V. Techniques and Timing
This section details which public involvement
activities will be conducted at the site and when. It
should also suggest additional techniques that,
depending on circumstances, might be used at the site
as the response action proceeds, and when they are
likely to be most effective.
Appendices
o Mailing list of interested parties and key contacts
o Suggested locations for Meetings and Information
Centers
1 3
-------
Draft Communicatlons Strategy
The Communications Strategy is merely an outreach of Parts IV and
V of the Work Plan (above). It prevents misunderstandings and
ensures activities are completed by detailing exactly who is
responsible for each activity and when it should be completed.
Chart 5 offers the format for a sample Communications Strategy.
CHART 5
Sample Communications Strategy Format
TECHNICAL MILESTONE PUBLIC INVOLVEMENT TARGET
or LEGAL ACTIVITY ACTIVITY PERSON RFSPTINSTRT F DATE
-------
V. SITE MILESTONES AND PUBLIC INVOLVEMENT ACTIVITIES
A well-thought-out public participation strategy allows the
agency to conduct its public involvement competently. Generally,
public participation activities will parallel certain site
milestones.
Following is a checklist of the public involvement
procedures to follow at any LUST site. Some of the activities
should be conducted at every site, others only at sites with high
community concerns. A thorough Public Involvement Assessment
will suggest which activities are needed (see Part IV on page 8).
The checklist should also be used to help avoid last-minute or
poorly-planned activities.
Again, activities in boldface indicate more detailed
information on that activity can be found in Part IX: Specific
Public Involvement Activities. The checklist - which lists Site
Milestones and suggested corresponding activities - is summarized
in Chart 6 on page 19.
CheckSst of Activities
MILESTONE #1: Identify LUST
* Designate a Contact Person (before any field activity begins):
o fields all questions from citizens, officials and the
media.
o assures agency addresses community concerns,
o coordinates all public involvement activities at site,
o coordinates all internal agency communication about the
site.
o can be member of UST-LUST staff; ideally, assign one
staff member to handle public involvement activities at
all LUST sites.
¦ MILESTONE #2: Agency Begins Active Work on the LUST Site
* Identify Affected Parties:
o ALWAYS determine which individuals and businesses will
be affected by the LUST.
* Contact Appropriate Individuals:
o ALWAYS contact citizens and officials (by phone or
letter) who may in any way be affected by the LUST or
LUST cleanup. The area's congressperson and various
elected officials will want to be able to answer any
constituent questions concerning the site.
1 5
-------
* Publish a Public Notice^:
o ALWAYS let the public know about the site's existence,
its threat to the environment/human health, and what
the agency is doing about it - regardless of the site's
size or impact.
* Additional Activities:
o review LUST impact and level of community concern, and
respond accordingly.
o activities could include (in order of likelihood):
Press Release; Fact Sheet; News Conference; Small Group
Meeting; Public Meeting; Hotline.
MILESTONE #3: Preliminary Technical Site Assessment
Conducted / Responsible Party Located
* Conduct Public Involvement Assessment (in conjunction with
Technical Site Assessment):
o after identifying and contacting affected individuals,
survey the entire community to determine their
attitudes toward the LUST and LUST cleanup. See
complete information on conducting the Public
Involvement Assessment in Part IV (pages 8-14).
o identify concerned citizens, officials and groups; in
addition to the affected residents and businesses,
various other individuals may be concerned about the
site. See Chart 1 on page 9 for a sample list of
contacts.
o contact and interview relevant individuals; depending
on the site, not all of the individuals identified
above will need to be contacted. See Chart 2 on page
10 for suggestions on who to interview and Chart 3 on
page 11 for sample interview questions.
o from this Assessment, compile a Contact List to update
people on new information.
* Develop Public Involvement Work Plan and Communication
Strategy:
o see sample Work Plan on page 13 and sample Strategy on
page 14.
* Establish an Information Center:
o 40 CFR § 280.67[b] requires the agency to "ensure site
^ A "Public Notice" could be any of the following
activities: public notice or block advertisement in a local
newspaper; public service announcements; publication in a State
register; letters to individual households; or, personal contacts
by field staff. See also page 33 in Part IX: Specific Public
Involvement Activities.
1 6
-------
release information and decisions affecting the
corrective action plan are made available to the public
for inspection upon request" - an Information C^r."-:.r)r is
the easiest way to accomplish this,
o organize a project file that allows convenient public
access to all site-related documents and reports,
o typical locations might be local public libraries or
town halls; it could even be located at the agency
office. Depending on the community itself, more than
one Information Center may be desirable,
o cite the location(s) of the Information Center in all
agency publications,
o agency staff can then easily refer both concerned
citizens and the press to the Information Center for
detailed information on the LUST site.
Additional Activities:
o refer to Public Involvement Work Plan: review LUST
impact and level of community concern, and respond
accordingly.
o a Fact Sheet may be especially appropriate at this
point.
o other activities could include (in order of
likelihood): Press Release; News Conference; Small
Group Meeting; Public Meeting; Hotline.
MILESTONE #4: Work Plan for Corrective Action Submitted
Conduct Public Involvement Activities in Accordance with 40
CFR § 280.67 (See Appendix A, page 37):
o publish a Public Notice announcing the corrective
action plan.
o consider conducting a Public Meeting to hear comments
about the corrective action plan if there is sufficient
public interest,
o publish a Public Notice when the approved corrective
action plan does not achieve established clean-up
levels and is considered being terminated.
Notify Individuals on Contact List of Milestone:
Additional Activities:
o refer to Public Involvement Work Plan: review LUST
impact and level of community concern, and respond
accordingly.
o a Fact Sheet or Press Release may be especially
appropriate at this point. A Public Notice, though
less effective, could also be published,
o other activities could include (in order of
likelihood): News Conference; Small Group Meeting;
Public Meeting; Hotline.
1 7
-------
MILESTONE <5: Cleanup of LUST Site
* Notify Individuals on Contact List of Milestone:
* Additional Activities:
o refer to Public Involvement Work Plan: review LUST
impact and level of community concern, and respond
accordingly.
o conduct a Site Tour if community shows high interest in
LUST site.
o a Fact Sheet or Press Release may be especially
appropriate at this point.
o other activities could include (in order of
likelihood): News Conference; Small Group Meeting;
Public Meeting; Hotline.
MILESTONE #6: LUST Site Clean
* Notify Individuals on Contact List of Milestone:
* Additional Activities:
o refer to Public Involvement Work Plan: review LUST
impact and level of community concern, and respond
accordingly.
o conduct a Site Tour if community shows high interest in
LUST site.
o a Fact Sheet or Press Release may be especially
appropriate at this point. A Public Notice, though
less effective, could also be published.
o other activities could include (in order of
likelihood): News Conference; Small Group Meeting;
Public Meeting; Hotline.
18
-------
CHART 6
Site Milestones and Public Involvement Activities
Site
Milestones
Required
Activities^
Suggested
Activities2
Additional
Activities^
1-Identify LUST
~Contact Person
2-Begin Active
Work on LUST
Site
~Identify
Affected
Parties and
Notify
~Public Notice
~Press Release
*Fact Sheet
~News Conf.
*Sm. Group Mtg.
~Public Mtg.
~Hotline
3-Preliminary Site
Assessment
Completed -
Responsible
Party Identified
~P.Inv. Assess,
~Pub. Involve.
Work Plan
~Information
Center
~Fact Sheet
~Public Notice
~Press Release
~News Conf.
~Sm. Group Mtg.
~Public Mtg.
~Hotline
4-Work Plan for
Corrective
Action Submitted
~Public Notice
~Information
Center
~Public Mtg. -
under certain
conditions
(see Appendix
A, page 37)
5-Cleanup of LUST
Site
~Notify
Parties on
Contact List
~Fact Sheet
~Press Release
~Notify
Parties on
Contact List
~Fact Sheet
~Press Release
~Public Notice
~News Conf.
~Sm. Group Mtg.
~Public Mtg.
~Hotline
~Site Tour
~News Conf.
~Sm. Group Mtg.
~Public Mtg.
~Hotline
6-LUST Site Clean
~Notify
Parties on
Contact List
~Fact Sheet
~Press Release
~Site Tour
~Public Notice
~News Conf.
~Sm. Group Mtg.
~Public Mtg.
~Hotline
1 Activities required under 40 CFR § 280.67.
2 Strongly suggested activities for any site.
3 Other activities that may appropriate, depending
on the site and community.
1 9
-------
SUGGESTIONS FOR SUCCESS
Part VI: Dealing with the Public:
Public Meetings and Conflict Management
Part VII: Dealing with the Media: Tips for Success
Part VIII: Working with Limited Resources
-------
VI. DEALING WITH THE PUBLIC
Pubfic Meetings and Conflict Management
The potential for conflict between the community and the
agency during the cleanup of a LUST is high. Too often,
government agencies are seen as the "bad guy" - as not committed
to truly cleaning up a site, but only to doing the minimum amount
of work necessary. Several techniques can help reduce this
potential conflict - both at possibly volatile Public Meetings
and during the entire community outreach effort.
Public Meetings
Large Public Meetings tend to be one of the most frequent types
of public involvement activities, although they are also the most
difficult to conduct successfully. While they allow the agency
to establish two-way communication with a large number of people,
these meetings can also intensify conflicts and easily get out of
control.
If the sole reason for the Meeting is merely to educate the
public, consider whether other communication techniques might be
more effective. Small Group Meetings with individual groups are
usually much more successful. Also, one-on-one meetings or
Briefings can prove effective.
Still, if a Public Meeting must be held, several guidelines
should be followed to make the Meeting as effective as possible.
For specific information on setting up a Meeting, refer to page
32 in Part IX: Specific Public Involvement Activities.
* Background:
o know the community
o know what the audience wants to know
* Issues to expect:
o health and health risks
o distrust of the environmental agency
o quality of life
o who to blame (beware of the public's tendency to
make the Meeting a witch-hunt or public trial)
o reliability of clean-up technology (safe? proven?)
o how clean is clean? what standards are used?
* Written Presentation:
o organize material logically
o stress 2-3 main points
o clarify, simplify
o be clear on how people can have an impact
o use visual aids whenever possible
o keep it short
20
-------
* Verbal Presentation:
o face the audience; have eye contact
o use natural voice and effective hand gestures
o be actively attentive
o be aware of your nervous habits
o DON'T: cross arms
whisper to others
pace or fidget
yawn
* Questions:
o leave plenty of time for questions
o anticipate questions and prepare responses
o decide who will answer which types of questions
o use examples and specifics in answering questions
o admit it when you don't know an answer; let the
person know when you will get back to him or her
Minimizing Conflict: Approach to the Public
Conflict can be managed and mitigated if its potential is
initially recognized. The agency can help minimize future
conflict by taking the following approaches to the community and
their concerns:
* Be PROACTIVE, not reactive.
It is impossible to predict how any given community
will react to a nearby LUST site. Thus, some level of
public involvement must always be conducted. Keep on top of
the situation during the quiet times. The wrong thing to do
is nothing; when public participation gets reactive, the
agency invites trouble.
* See the community as part of the solution, not as an obstacle
to it.
Community members will make constructive comments about
the clean-up process - often improving upon the agency's
ideas. Their input is helpful, and thus their comments are
not merely a "rubber-stamp approval" of agency decisions.
* Provide an empathetic response.
Always remember how you would react if a similar
situation occurred in your community. Never view the
community as us versus them. Listen.
* Use informal communication techniques.
Informal interviews or meetings in a living room, or
frequent telephone calls are best at ensuring open and
candid communication.
* Designate a Contact Person.
See "Milestone #1" on page 15 (Part V: Site Milestones
and Public Involvement Activities) for more information.
21
-------
Resolving Conflict
Remaining helpful and responsive to local concerns mollifies
friction between the community and the agency. However, the
agency can still do everything possible to conduct effective
community relations, and still have problems.
Thus, dealing with conflict can be the most difficult aspect of
public involvement activities. The following Chart suggests a
process for analyzing this conflict and developing the best
approach to resolving it. Only by thoroughly studying the
conflicts involved at a site can an effective solution be found.
CHART 7
22
-------
This process is a flexible process. Managing conflict requires
constant re-evaluation. If the original strategy doesn't work,
re-evaluate the objectives, or even re-analyze the situation, in
developing a new strategy. Repeat any of these steps until the
conflict is finally resolved.
23
-------
VII. DEALING WITH THE MEDIA
Tips for Success
Media plays by its own rules in covering events. Remember
the following observations when factoring the media into a public
participation plan:
* media interest is sporadic
* media covers conflicts and events/happenings
* it is nearly impossible to keep secrets
* in a story, emotions always win out over reason
Identifying Appropriate Media
While most Americans get most of their news from radio/TV...
...viewers understand only 1/3 of TV news stories
...only 52% ever see local or network TV
...viewers watch only 55% of what is shown on TV
In contrast, 67% still get "news" from newspapers. The print
media provides detailed information in any story; coverage is
intelligent and complete. On the other hand, TV coverage tends
to be brief; it plays on emotions and generally focuses on only
the most interesting/controversial aspect of the story. TV news
can also be immediately relayed to the public.
Strategy
o Reduce the potential for problems:
* have a positive attitude.
* treat reporters with respect and honesty; develop
personal relationships.
* expect the media to play a role in the clean-up
process.
* work around "problem reporters."
o Develop a clear channel to the public; minimize 11 filtering"
by the reporter:
* use live TV, when possible.
* package information (statements, releases, and fact
sheets) to prevent misunderstandings.
* speak in "reverse" - say your most important
information first.
o Identify best means for getting media coverage:
* realize TV plays on emotions, print on intellect.
* be competent and knowledgeable.
* a letter suggesting a story is better than a release.
News Interviews (for stories, or while appearing on a TV/radio
broadcast)
o Decide what you want to say:
* list key points you want to make.
24
-------
* identify points of confusion, and develop clarifying
examples.
o Anticipate questions you think reporter will ask:
* outline responses to the questions.
* develop answers to potential hostile questions as
well.
the your statements PERSONAL:
* be empathetic ("I'm personally concerned...").
* use colorful language; colorful quotes run verbatim
in the press.
* talk in pictures; make your points memorable.
out of trouble:
* know when to shut up.
* always stay "on the record."
* if you expect problems, have someone else also
present and/or record the interview.
they "blow" the story...
* best often to let it go.
* try to correct mistake (perhaps through "Letter to
the Editor" or simply calling the reporter/editor
with specifics).
* after two mistaken stories, avoid using that
newspaper/station again.
o Preventing misquotes:
* take your time.
* stick to facts; don't ramble.
* if you don't know, say so.
* assume everything will be quoted.
* issue a written statement.
o Traps to watch out for:
* Contradictions: use one spokesperson.
* The "Empty Chair" ("Mayor Smith says you're
stalling"): don't respond to comments by
individuals not present; say you haven't seen
remarks.
* Speculations ("What if the water becomes
contaminated?"): don't get involved in speculation;
explain you will keep monitoring the situation.
* Inconsistencies ("You said last year this would never
happen"): explain changes are based on new
information, or policy based on new information.
o Make
o Stay
Problems
o When
25
-------
VIII. WORKING WITH LIMITED RESOURCES
Attention must always be given to public participation
activities, even though resources - both financial and program
personnel - will always be limited. Developing a communication
strategy that is both effective for the community and workable
for the government agency may be difficult, but it is possible.
Efficiency
Thorough, efficient work remains the key to working with limited
resources. Agency staff must carefully organize events and
publications. Speakers should be prepared and their speeches
coherent, and Fact Sheets should describe the situation in
understandable terms. Guaranteeing these activities are done
competently the first time can prevent misunderstandings in the
community and the need for additional activities. Further, use
Fact Sheets, information centers, and other activities to their
fullest potential. Constantly refer interested citizen,
reporters, or officials to these activities.
Using Existing Groups/Publications
Taking advantage of existing lines of communication in a
community can also save time and expense. Use the publications
and .mailing lists of established community organizations to help
compile a list of interested citizens and to inform the community
of site activities. These organizations can also help organize
and publicize meetings. Such groups include:
o Local civic or environmental groups
o Rotary clubs
o Church organizations
o Local trade associations, farmers' associations, and
cooperatives
o The League of Women Voters
These are just a few of the possibilities to consider in
working around the agency's limited resources; creative thinking
will yield others. Just remember that conducting some sort of
public participation program is essential - even if it is as
simple as publishing a Public Notice, notifying affected
individuals, and talking to a few residents and officials.
Keeping the community involved from the beginning -
regardless of the site's significance and even when the community
shows little interest - can prevent future problems later. Some
outreach program is always better than no outreach program;
again, being responsive to the affected community must be a
significant aspect of any clean-up action. The level of anger
and frustration is almost certain to be higher in a community
that has been "shut out" or ignored than a community that has had
a voice in the process.
26
-------
ACTIVITIES
Part IX: Specific Public Involvement Activities
-------
IX. SPECIFIC PUBLIC INVOLVEMENT ACTIVITIES
The final pages in this handbook describe possible elements
of a public involvement program. They provide an explanation of
how to conduct the activity, and indicate what each should
accomplish. Perhaps more useful, they also contain observations
and suggestions from Superfund Community Relations staff on the
benefits and limitations of each activity.
Based on agency resources and the specific conditions at the
site, any or all of these activities could be implemented as part
of a public participation program. The Public Involvement
Assessment will suggest which activities would be most
appropriate. Many of them will be used often; some may never be
used. But with the variety of conditions at LUST sites,
flexibility is essential.
Use this section to help decide whether and when to conduct
a certain type of public involvement activity. The section also
contains numerous suggestions on making the activities as
successful as possible. Again, much of this information is based
on Superfund experiences, which have provided considerable
insight - based on trial-and-error - about which approaches and
activities are more useful, and which may be less so.
- This section examines the following public participation
approaches:
-Briefings page 28
-Fact Sheets ; 29
-News Conferences 30
-Press Releases 31
-Public Meetings 32
-Public Notices 33
-Site Tours 34
-Small Group Meetings 35
-Telephone Hotlines 36
27
-------
BRIEFINGS
Brief sessions held with key officials and citizens to provide
information on site activities and agency decisions.
When Appropriate/Accompanying Activities
* when State or local officials or citizens have expressed a
moderate to high level of concern about the site.
* at any point during the cleanup - especially when unexpected
events or delays occur at the site.
* before Public Meetings / Small Group Meetings.
* before News Conferences.
Technique
* inform key officials, citizens, and other interested parties
ahead of time of a briefing concerning recent activities at
the site or other related topics.
* present a short, official statement and answer questions
about it. Anticipate questions and be prepared to answer
them simply and directly.
Benefits
* allow local officials and citizens to question the agency
"directly about any activity prior to public release of
information regarding that activity.
* better prepare officials and citizen leaders to answer
questions from their constituents when the information
becomes public.
* exchange information and concerns.
Limitations
* can cause bad feelings or bad publicity if some individuals
who believe they should be invited to the Briefings are not.
* should always be complemented by activities that inform the
general public, as well (e.g., Small Group Meetings or
Public Meetings).
28
-------
FACT SHEETS
A brief report presenting information in a clear and under-
standable format to help ensure the public remains informed about
the site and site activities.
When Appropriate/Accompanying Activities
* at particular phases of the clean-up process, or as an
update on a regular basis (e.g., monthly).
* when discussing a specific site activity, should be issued
two weeks before the event occurs.
* as useful background information when distributed at Public
Meetings or Small Group Meetings.
* always include the name of the Contact Person and the
location of Information Center.
Technique
* types of information to transmit in a Fact Sheets:
o any background information on the site
o a calendar of upcoming events
o a description of the issues or problems associated with
the site
o a description of the corrective action plan
o reports on public participation opportunities, and how
to join them
o relevant articles reprinted from other publications
o any new information about the site or its cleanup
* write clearly and directly; keep sentences simple and use
active verbs.
* avoid using technical terminology or professional jargon.
* limit the length of the material. Be concise.
* use graphs, maps, and illustrations to break-up text.
Benefits
* summarize vital facts and issues effectively and briefly.
* ensure the community remains informed.
Limitations
* require time and dedication; a poorly written Fact Sheet can
be misleading or confusing-
* must be easy to read - people will be less likely to read 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 community relations program seriously.
29
-------
NEWS CONFERENCES
Information sessions or briefings held for representatives of the
news media, but also open to the general public, to provide
accurate information concerning important site developments.
When Appropriate/Accompanying Activities
* always evaluate the need for a News Conference - statements
made during a News Conference may be misinterpreted by the
media.
* primarily to make significant announcements about the site.
* issue a Press Release (helps ensure facts are presented
accurately to the media).
Technique
* notify participants:
o contact members of the local and regional media
o indicate time, location, and topic
o invite local officials, either as observers or
participants
* plan exactly what to say ahead of time: live Conferences
leave no room for mistakes.
*• present a short, official statement (both written and
spoken) explaining the decision and identifying next steps.
* open the conference to questions:
o have agency officials, technical staff, and any other
experts present,
o anticipate reporter's questions; have answers ready,
o decide ahead of time who will answer what types of
questions.
Benefits
* provide a public forum for the agency to announce plans and
developments.
* efficiently reach a large audience - especially when a
written Press Release is also issued.
Limitations
* can focus considerable attention on the situation,
potentially causing unnecessary local concern.
* can create false impressions when media take comments out of
context, agency staff are unprepared, or unanticipated
questions are asked.
30
-------
PRESS RELEASES
Documents released to the news media that discuss on-site actions
proposed by the agency.
When Appropriate/Accompanying Activities
* when information must be quickly distributed to large
numbers of people.
* always issued at News Conferences.
* could announce Public Meetings and report the results of
these meetings.
* used to announce only the most routine matters; for more
important stories, phone in the information.
Technique
* identify the relevant media:
o learn the various publication deadlines
o identify the appropriate media contacts
* coordinate all facts with other relevant agencies.
* in writing the release, place the most important elements up
front and present additional information in descending order
of importance.
* must be brief - only essential facts and issues (no more
than two pages).
* avoid using professional jargon and overly technical words.
* place at the top of the sheet:
o name and address of the issuing agency
o release time ("For Immediate Release" or "Please
Observe Embargo Until...") and date
o name and phone number of the Contact Person
o a headline summarizing the Release
Benefits
* reach a larger audience quickly and inexpensively.
Limitations
* not the most effective way to communicate news; phone calls
or letters work better.
* because Press Releases must be brief, they should be used in
conjunction with other methods of communication with the
public to permit more attention to detail-
* can focus considerable attention on the situation,
potentially causing unnecessary local concern.
31
-------
PUBLIC MEETINGS
A large meeting open to the public that informs citizens of
site activities. Experts are available to present
information and answer questions. Citizens may ask questions
and offer comments. Part VII: Dealing vlth the Public also
contains suggestions on preparing for a Public Meeting — see
"Public Meetings" on pages 20-21.
When Appropriate/Accompanying Activities
* conduct Public Meetings when:
o the agency wishes to inform a large number of people
and/or has a large amount of information to distribute,
o community members demonstrate high concern and interest
in a LUST site or its Corrective Action Work Plan
(refer to 40 CFR § 280.67[c] — see Appendix A, page
37 ).
o the agency wants to reach a large number of people at
once.
announce the meeting two weeks in advance:
o place a Public Notice in the local newspapers,
o when possible, distribute flyers to individuals on the
agency's Contact List.
distribute background materials - Fact Sheets, maps, graphs,
etc. - at the meeting.
Technique
* draw up an agenda:
o detail specific issues to be considered or specific
tasks that must be accomplished at the Meeting,
o anticipate the level of participation expected, and
structure the meeting accordingly.
keep the entire agency presentation short (everybody in less
than an hour), and rehearse in advance.
allocate plenty of time for citizens to express their
concerns and ask questions.
prepare a transcript to be made available to the
public and announce how the transcript can be obtained.
Benefits
* allow two-way interaction between the public and the agency.
* may .provide a setting for the agency and community to
resolve their differences.
Limitations
* often intensifies conflicts rather than resolves them.
32
-------
PUBLIC NOTICES
Announcements of agency decisions, major project milestones, and
Public Meetings. Public Notices are required for certain
activities under 40 CFR § 280.67 - see Appendix A for specifics.
When Appropriate/Accompanying Activities
* use Public Notices to
o provide official announcement of agency activities
(e.g, the holding of a Public Meeting, publication of
Fact Sheets, or creation of an Information Center),
o encourage public involvement in these activities,
o announce the selection of a corrective action plan for
the site or notify the public when the approved
corrective action plan does not achieve established
clean-up levels and is considered being terminated (in
accordance with 40 CFR §§ 280.67[a] and [d]).
* should occur at least two weeks in advance of the event.
Technique
* the Notice could take any of the following forms:
o public notice in a local newspaper
o public service announcements
o letters to or personal contact with affected households
* design the Notice:
o use eye-catching headlines or photographs,
o stress why public involvement is important; highlight
the environmental or health issues,
o follow guidelines for clarity and brevity in the
preceding section on Fact Sheets (page 29).
o provide name and phone number of the Contact Person.
* distribute the Notice through direct mail:
o send to individuals on agency Contact List,
o the largest number of people hear about meetings
through the mail, rather than through the media.
* distribute the Notice to the print and broadcast media:
o determine the most appropriate means of contacting the
affected community (how many people to be reached?),
o ask individual papers and stations about the most
effective means for displaying the Notice. Many radio
and television stations often provide free public
service announcements,
o be aware that many local or community newspapers are
published on a weekly or bi-weekly basis.
Benefits
* are a simple means of alerting the public to notable events.
Limitations
* should rarely be the agencies only contact with the public.
33
-------
SITE TOURS
Scheduled trips to the site for media representatives, local
officials, and citizens during which technical and community
relations staff answer questions.
When Appropriate/Accompanying Activities
* whenever officials or citizens have expressed concern over
site clean-up activities.
* report citizen impressions of the tour, if suitable, in a
Fact Sheet or News Release.
Technique
* invite appropriate people from the Public Involvement
Assessment Contact List:
o concerned citizens, nearby residents, representatives
of public interest or environmental groups, and
interested local officials
o representatives of local citizen or service groups
o representatives of local newspapers, television
stations, and radio stations
* determine the maximum number that can be taken on the site
safely; schedule additional tours as needed.
* anticipate questions and have someone available to answer
technical questions in non-technical terms.
* ensure that the tour complies with safety standards for the
site.
Benefits
* familiarize the media, local officials, and citizens with
the site and the individuals involved in clean-up
operations.
* may dispel unreasonable fears about the risks of the site.
Limitations
* require considerable staff time to prepare the explanation
of site activities and to escort citizens through the site.
34
-------
SMALL GROUP MEETINGS
Meetings of small groups held in private homes or in local
meeting places. These meetings inform citizens and local
officials of site activities, answer questions, and clear up any
misconceptions or misunderstandings in an informal atmosphere.
When Appropriate/Accompanying Activities
* community members demonstrate high concern and interest in a
LUST site or its clean-up activities.
* in place of a large Public Meeting.
* use the Public Involvement Assessment Contact List to locate
interested citizen groups.
Technique
* limit attendance to between 5 and 20 individuals.
* select a meeting date, time and place:
o a private home or public library meeting room may be
more conducive to an exchange of ideas than a large or
formal public hall,
o be sure the meeting location does not conflict with
State "sunshine laws." (For instance, a State may
require all meetings between agency officials and the
public to be held in a public location.)
* gear the meeting towards discussion:
o listen - find out what the citizens want done,
o discuss the possibility for compromise or explain the
reasons why citizen requests appear to be unworkable or
conflict with program requirements.
* stay in touch with the groups:
o follow-up on any major concerns,
o contact any new groups that form.
Benefits
* provide an audience that is usually homogenous and shares
the same concerns.
* encourages candid discussion and fosters exchange.
* not as prone to conflict as large Public Meetings.
Limitations
* uses much staff time to reach a limited number of citizens;
a series of meetings may be necessary.
* can be seen as exclusionary - some groups may perceive these
meetings as a "divide and conquer" tactic to prevent large
groups from exerting influence on potential actions.
35
-------
TELEPHONE HOTUNES
A toll-free telephone number that provides citizens with an
opportunity to ask questions and obtain information promptly
about site activities.
When Appropriate/Accompanying Activities
* whenever community concerns are especially high.
* announce in a Public Notice and/or Press Release.
* list in all agency publications (Fact Sheets, Public
Notices, etc.) and mentioned at all Public Meetings.
Technique
* assign one or more staff members to handle the calls.
* if staff are not available throughout the day, install an
answering machine; check the answering machine for messages
at least once a day.
* keep a written record of each question, when it was
received, and how and when it was answered.
Benefits
* provide citizens with a relatively quick means of expressing
their concerns directly to the agency and getting their
questions answered.
* help monitor community concerns; a sudden increase in calls
could indicate that additional public involvement efforts
are warranted.
Limitations
* since each call must be responded to quickly, hotlines could
prove burdensome to agency staff - especially if the number
of calls is high.
* could irate or alienate some callers who don't like hearing
a recorded message.
36
-------
APPENDIX A
CODE OF FEDERAL REGULATIONS
PART 280
SECTIONS 280.60 THROUGH 280.67
Subpart F
Release Response and Corrective Action for UST Systems
Containing Petroleum or Hazardous Substances
*****
§ 280.60 General.
Owners and operators of petroleum or hazardous waste
substance UST systems must, in response to a confirmed release
from the UST system, comply with the requirements of this Subpart
to RCRA Subtitle C corrective action requirements under Section
3004(u) of the Resource Conservation and Recovery Act, as
amended.
§ 280.61 Initial Response.
Upon confirmation of a release in accordance with § 280.52
or after a release from the UST system is identified in any other
manner, owners and operators must perform the following initial
response actions within 24 hours of a release or within another
reasonable period of time determined by the implementing agency:
(a) Report the release to the implementing agency (e.g., by
telephone or electronic mail);
(b) Take immediate action to prevent any further release of the
regulated substance into the environment; and
(c) Identify and mitigate fire, explosion, and vapor hazards.
§ 280.62 Initial abatement measures and site check.
(a) Unless directed to do otherwise by the implementing agency,
owners and operators must perform the following abatement
measures:
(1) Remove as much of the regulated substance from the UST
system as is necessary to prevent further release to
the environment;
(2) Visually inspect any aboveground release or exposed
belowground releases and prevent further migration of
37
-------
the released substance into surrounding soils and
ground water;
(3) Continue to monitor and mitigate any additional fire
and safety hazards posed by vapors or free product that
have migrated from the UST excavation zone and entered
into subsurface structures (such as sewers or
basements);
(4) Remedy hazards posed by contaminated soils that are
excavated or exposed as a result of release
confirmation, site investigation, abatement, or
corrective action activities. If these remedies
include treatment or disposal of soils, the owner and
operator must comply with applicable state and local
requirements.
(5) Measure for the presence of a release where
contamination is most likely to be present at the UST
site, unless the presence and source of the release
have been confirmed in accordance with the site check
required by § 280.52(b) or the closure site assessment
of § 280.72(a). In selecting sample types, sample
locations, and measurement methods, the owner and
operator must consider the nature of the stored
substance, the type of backfill, depth to the
groundwater and other factors as appropriate for
identifying the presence and source of the release; and
(6 ) Investigate to determine the possible presence of free
product, and begin free product removal as soon as
practicable and in accordance with § 280.64.
(b) Within 20 days after release confirmation, or within another
reasonable period of time determined by the implementing
agency, owners and operators must submit a report to the
implementing agency summarizing the initial abatement steps
taken under paragraph (a) and any resulting information or
data.
§ 280.63 Initial Site Characterization
(a) Unless directed to do otherwise by the implementing agency,
owners and operators must assemble information about the
site and the nature of the release, including information
gained while confirming the release or completing the
initial abatement measures in § 280.60 and § 280.61. This
information must include, but is not necessarily limited to
the following:
(1) Data on the nature and estimated quantity of release;
38
-------
(2) Data from available sources and/or site investigations
concerning the following factors: surrounding
populations, water quality, use and approximate
locations of wells potentially affected by the release,
subsurface soil conditions, locations of subsurface
sewers, climatological conditions, and land use;
(3) Results of the site check required under §
280.62(a)(5); and
(4) Results of the free product investigations required
under § 280.62(a)(6), to be used by owners and
operators to determine whether free product must be
recovered under § 280.64.
(b) Within 45 days of release confirmation or another reasonable
period of time determined by the implementing agency, owners
and operators must submit the information collected in
compliance with paragraph (a) of this Section to the
implementing agency in a manner that demonstrates its
applicability and technical adequacy, or in a format and
according to the schedule required by the implementing
agency.
§ 280.64 Free product removal.
At sites where investigations under § 280.62(a)(6) indicate
the presence of free product, owners and operators must remove
free product to the maximum extent practicable as determined by
the implementing agency while continuing, as necessary, any
actions initiated under §§ 280.61 through 280.63, or preparing
for actions required under §§ 280.65 through 280.66. In meeting
the requirements of this Section, owners and operators must:
(a) Conduct free product removal in a manner that minimizes the
spread of contamination into previously uncontaminated zones
by using recovery and disposal techniques appropriate to the
hydrogeologic conditions at the site, and that properly
treats, discharges or disposes of recovery byproducts in
compliance with applicable local, state and federal;
regulations;
(b) Use abatement of free product migration as a minimum
objective for the design of the free product removal system;
(c) Handle any flammable products in a safe and competent manner
to prevent fires or explosions;
(d) Unless directed to do otherwise by the implementing agency,
prepare arid submit to the implementing agency, within 45
days after confirming a release, a free product removal
39
-------
report that provides at least the following information:
(1) The name of the person(s) responsible for implementing
the free product removal measures;
(2) The estimated quantity, type, and thickness of free
product observed or measured in wells, boreholes, and
excavations;
(3) The type of free product recovery system used;
(4) Whether any discharge will take place on-site or off-
site during the recovery operation and where this
discharge will be located;
(5) The type of treatment applied to, and the effluent
quality expected from, any discharge;
(6) The steps that have been or are being taken to obtain
necessary permits for any discharge; and
(7) The disposition of the recovered free product.
§ 280.65 Investigations for soil and ground-water cleanup.
(a). In order to determine the full extent and location of soils
contaminated by the release and the presence and
concentrations of dissolved product contamination in the
ground water, owners and operators must conduct
investigations of the release, the release site, and the
surrounding area possibly affected by the release if any of
the following conditions exist:
(1) There is evidence that ground-water wells have been
affected by the release (e.g., as found during release
confirmation or previous corrective action measures);
(2) Free product recovery is found to need recovery in
compliance with § 280.64;
(3) There is evidence that contaminated soils may be in
contact with ground water (e.g., as found during
conduct of the initial response measures or
investigations required under ii 280.60 through
28 0.64); and
(4) The implementing agency requests an investigation,
based on the potential effects of contaminated soil or
ground water on nearby surface water and ground-water
resources.
40
-------
(b) Owners and operators must submit the information collected
under paragraph (a) of this Section as soon as practicable
or in accordance with a schedule established by the
implementing agency.
§ 280.66 Corrective action plan.
(a) At any point after reviewing the information submitted in
compliance with §§ 280.61 through 280.63, the implementing
agency may require owners and operators to submit additional
information or to develop and submit a corrective action
plan for responding to contaminated soils and ground water.
If a plan is required, owners and operators must submit the
plan according to a schedule and format established by the
implementing agency. Alternatively, owners and operators
may, after fulfilling the requirements of §§ 280.61 through
280.63, choose to submit a corrective action plan for
responding to contaminated soil and ground water. In either
case, owners and operators are responsible for submitting a
plan that provides for adequate protection of human health
and the environment as determined by the implementing
agency, and must modify their plan as necessary to meet this
standard.
(b) The implementing agency will approve the corrective action
plan only after ensuring that implementation of the plan
will adequately protect human health, safety, and the
environment. In making this determination, the implementing
agency should consider the following factors as appropriate:
(1) The physical and chemical characteristics of the
regulated substance, including its toxicity,
persistence, and potential for migration;
(2) The hydrogeologic characteristics of the facility and
the surrounding area;
(3) The proximity, quality, and current and future uses of
nearby surface and ground water;
(4) The potential effects of residual contamination on
nearby surface water and ground water;
(5) An exposure assessment; and
(6) Any information assembled in compliance with this
subpart.
(c) Upon approval of the corrective action plan or as directed
by the implementing agency, owners and operators must
implement the plan, including modifications to the plan made
41
-------
by the implementing agency. They must monitor, evaluate,
and report the results of implementing the plan in
accordance with a schedule and in a format established by
the implementing agency.
(d) Owners and operators may, in the interest of minimizing
environmental contamination and promoting more effective
cleanup, begin cleanup of soil and ground water before the
corrective action plan is approved provided that they:
(1) Notify the implementing agency of their intention to
begin cleanup;
(2) Comply with any conditions imposed by the implementing
agency, including halting cleanup or mitigating adverse
consequences from clean-up activities; and
(3) Incorporate these self-initiated clean-up measures in
the corrective action plan that is submitted to the
implementing agency for approval.
§ 280.67 Public Participation.
(a) For each confirmed release that requires a corrective action
plan, the implementing agency must provide notice to the
public by means designed to reach those members of the
public directly affected by the release and the planned
corrective action. This notice may include, but is not
limited to, public notice in local newspapers, block
advertisements, public service announcements, publication in
a state register, letters to individual households, or
personal contacts by field staff.
(b) The implementing agency must ensure that site release
information and decisions concerning the corrective action
plan are made available to the public for inspection upon
request.
(c) Before approving a corrective action plan, the implementing
agency may hold a public meeting to consider comments on the
proposed corrective action plan if there is sufficient
public interest, or for any other reason.
(d) The implementing agency must give public notice that
complies with paragraph (a) above if implementation of an
approved corrective action plan does not achieve the
established clean-up levels in the plan and termination of
that plan is under consideration by the implementing agency.
42
-------
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY
REGION VIII
999 18th STREET - SUITE 500
DENVER, COLORADO 80202-2405
Ref :
IHWM-RM
TO:
FROM :
James J. Scherer, Regional Administrator
Nola Cooke, Director, Office of External Affairs
Division Directors:
Kerrigan G. Clough, Policy and Management
Irwin L. Dickstein, Air and Toxics
Max H. Dodson, Water Management
Robert Duprey, Hazardous Waste Management
James B. Lehr, Environmental Services
Debra Ehlert, Chi&f,-
UST Program Section
SUBJECT: LUST Public Participation Handbook
EPA's approach to the Underground Storage Tank problem,
unlike most of its other regulatory programs, emphasizes State
and local J inplementation. Because of the vast regulatory scope
and the variety of conditions, only States can effectively
oversee management of existing tanks and ensure prompt cleanup of
leaking tanks.
To help with the task of cleaning up leaking tanks, Congress
created the Leaking Underground Storage Tank (LUST) Trust Fund.
All Region 8 States have entered into a Cooperative Agreement
with the EPA to help administer these funds. As part of their
Agreements, States were also delegated the task of developing a
public participation plan to deal with leaking tanks.
Realizing, however, many States may have had difficulty
completing this task, the Region 8 UST Program has prepared a
LUST Public Participation Handbook (attached).
The Handbook contains a simple framework for formulating a
plan. Moreover, it discusses in detail the appropriate public
activities any LUST public participation plan should address.
The Handbook can also serve as a reference manual for use when
actually conducting public involvement activities; it offers tips
and information for successfully implementing the plan.
EPA's extensive suggestions for community outreach have been
simplified and condensed into just over 30 pages. By carefully
reading and referencing the Handbook, States can hopefully begin
active work on their public participation plans.
-------
Region 8 has always realized the importance of public
participation in any EPA activity, and we hope this Handbook
encourages various programs to re-think their own approaches to
community outreach.
Attachment
cc: w/attachment
Charles Mooar
2
------- |