Step 5:
How to Consult
with and Involve
the Public

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              Step 5: How to Consult
              with and Involve the Public
Goal:

-  To understand the interests and needs of the affected
  puWic

-  To provide for the exchange of information and views

-  Open exploration of Issues, alternatives and consequences
  between interested and affected members of the public
  and EPA officials responsible for the forthcoming action
  or decision

The U.S. Environmental Protection Agency (EPA) Issued its
revised Public Involvement Policy in June 2003. The Policy's
overall goal is for excellent public involvement to become an
integral part of EPA's culture, thus supporting more effective
Agency actions.

The Policy provides guidance to EPA managers and staff on
how you can better involve the public in the Agency's decision
making processes. The Policy outlines seven steps to effective
involvement. This brochure, focusing on step 5, offers
suggestions to help you "get started," with emphasis on public
consultation and collaboration. It serves as an outline for how
to conduct consultation and involvement activities.
Why Public Consultation and Involvement?

Public consultation and involvement helps EPA to understand
the interests and needs of the affected public. Giving the
public an opportunity to communicate their concerns,
problems, and alternatives  improves the Agency's decisions
and Environmental outcomes. You should seek every
opportunity to expand and diversify public consultation and
involvement processes.
 What to Consider in Public Consultation and
 Involvement

The public includes everyone. However, because no two
people or groups are exactly alike, no single approach will be
of interest to or appropriate for everyone. When you think
about public consultation and invoivement, consider the scope
of your project or issue and the audience which it affects.

When you consider how to conduct public involvement, be
aware of and comply with any statutory or regulatory public
involvement requirements that apply to  your project or issue,

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Plan Your Work

How to Organize for Public Consultation

and Involvement



Research Public Consultation and Involvement

Be creative. Dig in and learn all you can from existing sources
and the community. Learn from other EPA program or regional
staff how similar public audiences and communities have
responded to comparable or related involvement processes
and the issues.

                 - Ask your colleagues, your Office of
                  General Counsel advisor or Regional
                  Counsel staff about pertinent
                  requirements that may apply to
                  your Involvement process or issues

                 - Gather information from organizations
                  which represent the affected public such
                  as the city council, civic associations,
                  churches or other neighborhood groups

                 • Review census materials, newspapers,
                  election issues and results, and related
                  Issues

                 - Hold Individual or small meetings to help
                  identify the interests and  needs of your
                  targeted public audiences, as well
                  as to sharpen the focus of the goals and
                  objectives for your consultation

Your involvement and the issue or project driving it, may be
national in scope. If so, conduct research and consider design-
ing your activities and overall process to accommodate both a
larger number of people and a greater diversity of interests.
 Define Your Consultation/Involvement Process

- Set the public involvement goals you wish to accomplish

- Determine which members of the affected public need lo be
  involved in the process

- Decide if the Involvement process will be open to the
  general public, only for a representative segment of stake-
  holder and Interest groups, or a combination of both

- Define your processes and activities by determining which
  involvement practices best fit the stakeholders' or groups'
  needs as well as foster EPA's goals

- Encourage participation, especially from under-represented
  segments of the public, and seek advice and help from those
  groups you wish to consult

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 - Ensure feedback from a diverse pool of people, groups,
  communities and Interests by using a mixture of the fol-
  lowing consullation/invorvemefit techniques to suit different
     •  Outreach (see brochure #4. "How to Provide
        Information and Conduct Outreach for Public
        Involvement")
     •  Information Exchange - Listen to, be available for or
        attend community sessions such as:
         - Public, "town-hall" meetings and open forums
         - Workshops co-sponsored with tocal organizations
           and government agencies
         - Focus groups, interviews, telephone hotiines and
           Internet-based discussions
     •  Recommendation - Receive advice for EPA on
        particularly complex or controversial issues from:
         - Technical committees
         - Technical advisory groups
         - Citizen advisory groups whose members represent
           stakeholders
     Be aware of, and comply with, the requirements of the
     Federal Advisory Committee Act when seeking advice or
     recommendations from groups
     • Agreements (legally non-binding): mutually developed
       and accepted decisions between EPA and affected,
       concerned or interested persons
- Estimate budget and resource needs of the
  consultation/involvement based on the frequency and
  location of:
     • Meetings, consultations, and other involvement
       activities
     • Supplies and materials
     • Facilitation or alternative dispute resolution (AOR) tech-
       niques needed
     • Necessary technical or financial support to ensure
       involvement
- Decide how you will evaluate and improve activities and Hie
  process throughout your project
- Decide how you will share findings  and take action on them
  along  the way and after completing the decision-making
  process (comply with the Federal Advisory Committee Act
  when applicable)

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 Work Your Plan
 How to Implement the Consultation/Involvement
 Process

 Obtain Pre-Activity Consultation/Involvement Support
Consulting
with the Public


• Make allies
• Publicize activities
• Prepare support
• Meet & focus

• Be fair & credible



• Consult with local and statewide
environmental groups (use EPA
regional staff to help build partici-
pant relationships and under-
standing)
- Involve educators from the
community for suggestions/per-
spective about the community
and to engage students
- Encourage affected community
representation and collaboration
through advisory committees,
elected officials and staff of local,
state and federal agencies
Prepare Materials for Your
Consultation/Involvement Activity

- Identify and prepare material(s) that will be distributed at the
  activity

- Make relevant information easy to understand and accessible
  to the public before any events

- Line up guidance, resources, training and professional
  assistance to support participants and/or build capacity to
  participate in activities

- Facilitate early communications between technical staff arxl
  informed participants so EPA and other "experts" can more easiry
  understand, relate and communicate with the general public
Publicize Each of Your Consultation/Involvement
Activities and the Overall Process

- Determine in advance the timing of any notices of
  consultation/ Involvement activities, usually 30 days for
  regular meetings. 60 days for complex Issues

- Notify participants via e-mail, telephone, posters, and any
  other Innovative, creative and appropriate mechanisms

- Clearly state the purpose of the activity and process, and
  the rale of EPA and participants in all written materials

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 -  Schedule activities at convenient times, close to mass transit
   (consider activities after work and/or weekends)

 -  Encourage individuals from under-represented communities -
   minorities, tribes - and the general public to participate in the
   process
 Establish Clearly Focused Consultation/Involvement
 Activity for Participants at any Event

 - State the purpose of the activity and the goals of the overall
  process

 - Clarify the roles of EPA and participants, the chief role and
  priority of EPA staff being to listen to feedback and concerns

 • Establish basic ground rules for all meetings and events,
  especially regularly scheduled activities

 - Decide ff and how decisions will be made and who will
  make them. If majority rules, what percent will carry the vote?
  If decisions will require consensus, agree on how the group
  will define consensus

 - At meetings, have someone write a summary of the results
  and actions to keep track for future reference
Ensure Fairness

• Employ facilitators and/or mediators who are fair and
   accessible to everyone involved, and ensure their role as
   facilitator/mediator is dear to all participants

• Use collaborations that "level the playing field," enabling
   anyone to take an active role in public Involvement, ensuring
   individual citizens have the same respect as corporations,
   organizations, associations, or government agencies


Ideas from Participants in EPA's
Public Involvement Policy Review Processes

"Good intentions must be inextricably linked with good process.
Otherwise we will continue to alienate key stakeholders, the
implications of which are evident,"

    Greg  Bourne . Center for Civic Participation and Renewal
    Dialogue on Public Involvement in EPA Decisions


"Any stakeholder shoutd be suspicious of engaging in any
open-ended process that does rvot have any ground rules or
structure."

    Alan Strasser
    Dialogue on Public Involvement in EPA Decisions

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 "Citizens should be directly involved in evaluating the problems
 as well as formulating creative solutions. This should reach
 beyond traditional hearings and meetings, providing competing
 interests...the opportunity to deepen their mutual understand-
 ing. Often collaborative methods result in win-win solutions
 where the interests of each party are substantively addressed."

     Michigan Environmental Council -
     Public Comments on Draft Policy


 "... if you raally want to be successful at public involvement,
 leam to LISTEN, not just speak. This will help the EPA to
 become aware of the difference between what the EPA intends
 the public to hear and what the public actually hears."

    Ellen Omohundro, Washington State University - Public
    Comments on Draft Policy
 Other EPA Public Involvement Brochures

 Introducing EPA's Public Involvement Policy
 How to Plan and Budget for Public Involvement
 How to Identify People to Involve
 How to Provide Technical and Financial Assistance lor
     Public Involvement
 How to Do Outreach lor Public Involvement
 How to Review and Use Public Input and Provide Feedback
 How to Evaluate Public Involvement
 How to Improve Public Meetings and Hearings
 How to Improve Working  with Tribes
 How to Involve EnvironmentatJustice Communities
 How to Overcome Barriers to Public Involvement

Additional  Resources:

Philip Harter, The Mediation Consortium & Deborah
Daltcn. U.S. EPA, Office of General Counsel,
Destinaions: Better Decisions Through Consultation and
Collaboration, A Stakeholder Involvement Manual for EPA
Policy and Program Managers, (to be published in 2003)

Resource Conservation & Recovery Act  (RCRA)
Public Participation Manual. U.S. EPA Office of Solid Waste
and Emergency Response. RCRA Program,1996
http:;/www.epa.gQv/epaoswer/hazwaste/permit/{)ubpart/manual.lTfan

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    About Community Advisory Groups Toolkit: A Summary of the
    Tools, U. S. EPA Office of Solid Waste & Emergency Response.
     liUp://www.epa.gov/superfund/toqls/caQ/resQurcfl/aboiJtcag.piif
     More Information about the Policy

    Copies of the Policy and the Framework for Implementing it
    are available at
     http.'//www.epa.gov/pabliclnvQlvemgnl/policy2003/policy2Q03.pdf

     http://www.epa.gov/publiclnvolvement/pQllcy2003/trameworK.pdf

    The Website for the "Internet Dialogue on Public Involvement in
    EPA Decisions" is
     http://www,natwork-demQcracy.Qrg/apa/Bpa-plp

    EPA's Response to Comments on the Draft 2000 Public
    Involvement Policy is available at
     http:// www.epa.gov/publlclnuol veni ent/poiicy20D3/f espa nse. pdt
    •'Involvement brings Ihe pieces together" artwork is the creation
    of Erica Ann Turner, who contributed the work to EPA through an
    agreement between the Art Institute of Washington and the Agency.
         United States Environmental Protection Agency
          National Center for Environmental Innovation
                     Public Involvement Staff
              1200 Pennsylvania Avenue, NW 1807T
                     Washington, DC 20460
•U.S. Govommont Priming Otfice: 2«W — 520-677
                                                EPA-233-F-03-009

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