&EPA
United States
Environmental Protection
Agency
Office of Solid Waste
and Emergency Response
(5103)
EPA-500-R-00-007
August 2000
www.epa.gov/permits
Public Involvement in
Environmental Permits
4 REFERENCE GUIDt
-------
NOTICE
This document is a reference guide on public involvement requirements and effective strategies for
states and tribes authorized to implement environmental permitting programs. It contains summaries of
U.S. Environmental Protection Agency (EPA) statutory authorities, regulations, and guidance materials.
This document does not substitute for any of these authorities or materials. In addition, this document is
not an EPA regulation and therefore cannot impose legally binding requirements on EPA, States, or the
regulated community. EPA may change this document in the future, as appropriate.
ACKNOWLEDGMENTS
This document was prepared under the direction of a cross-Agency workgroup, chaired by the Office
of Solid Waste and Emergency Response as part of the Second Generation of Environmental
Permitting Action Plan. Many valuable contributions were made from government and private
organizations who reviewed this document. The workgroup would like to thank all the participants in
the focus group sessions held in Washington DC, and Houston, Texas, for their important advice and
input as well as those who provided comments through the reviews conducted by the National
Environmental Justice Advisory Council and Environmental Council Of States.
SUGGESTED IMPROVEMENTS
This is the first edition of the Reference Guide and every effort was made to ensure its usefulness to
state program staff, communities, and regulated facilities. However, additional improvements are
always possible. Comments are welcome and should be directed to:
U.S. Environmental Protection Agency
OSWER/OPM/PARMS/mc 5103
1200 Pennsylvania Avenue, NW
Washington, DC 20460
-------
TABLE OF CONTENTS
Reference Guide for Public Involvement in Environmental Permits
Section 1 - Introduction 1-1
What Information Does this Reference Guide Contain? 1-1
Where Can I Find Additional Public Involvement Information? 1-3
REQUIREMENTS:
Section 2 - Permit Processes Overview 2-1
How did the Current Permit Programs Develop? 2-1
What is EPA's Relationship with State, Tribal, and Local Environmental Agencies? 2-1
What are the Major Milestones in the Permitting Process? 2-3
Clean Air Act (CAA) 2-4
Air Pollution Permits for New and Modified Sources 2-4
What is the Purpose of the CAA's New Source Review Permit Programs? 2-4
What are the Key Components of the New Source Review Permit Programs? 2-5
What are the Opportunities for Public Involvement in the CAA's New
Source Permit Programs? 2-5
When in the Permitting Process do These Opportunities Usually Occur? 2-6
Title V Operating Permits 2-10
What is the Purpose of the CAA's Title V Operating Permits Program? 2-10
What are the Key Components of the CAA's Title V Operating Permits Program? 2-10
What are the Opportunities for Public Involvement in the CAA's
Operating Permits Program? 2-11
When in the Permitting Process do These Opportunities Usually Occur? 2-11
How can I Assist Interested Parties in Learning More About CAA Permitting
Processes and/or Facilities They are Concerned About? 2-13
Safe Drinking Water Act (SDWA) 2-16
What is the Purpose of the SDWA's UIC Permits Program? 2-16
What are the Key Components of the SWDA's UIC Permits Program? 2-16
What are the Opportunities for Public Involvement in the UIC
Permitting Process? 2-17
When in the Permitting Process do These Opportunities Usually Occur? 2-17
Reference Guide for Public Involvement in Environmental Permits
-------
Clean Water Act (CWA) 2-19
Section 404 Permits 2-19
What is the Purpose of the CWA's Section 404 Permit Program? 2-19
What are the Key Components of the CWA's Section 404 Permit Program? 2-19
What are the Opportunities for Public Involvement in the Section 404
Permitting Process? 2-20
When in the Permitting Process do These Opportunities Usually Occur? 2-20
How can I Assist Interested Parties in Learning More About Section 404
Permitting Processes? 2-21
National Pollutant Discharge Elimination System (NPDES) 2-21
What is the Purpose of the CWA's NPDES Permit Program? 2-21
What are the Key Components of the CWA's NPDES Permit Program? 2-21
What are the Opportunities for Public Involvement in the NPDES
Permitting Process? 2-22
When in the Permitting Process do These Opportunities Usually Occur? 2-22
Resource Conservation and Recovery Act (RCRA) 2-25
What is the Purpose of RCRA's TSDF Permit Program? 2-25
What are the Key Components of RCRA's TSDF Permit Program? 2-25
What are the Opportunities for Public Involvement in RCRA's TDSF
Permitting Process? 2-26
When in the Permitting Process do These Opportunities Usually Occur? 2-26
Section 3 - Required Public Involvement Activities in Environmental Permits 3-1
What are the Required Public Involvement Activities for Disseminating Information? 3-1
What are the Required Public Involvement Activities for Gathering and
Exchanging Information? 3-1
Required Public Involvement Activities for Disseminating Information 3-2
1. Public Notices 3-2
What are the Regulatory Requirements for Public Notices? 3-2
What Information Should Typically Appear in a Public Notice? 3-3
How Should Public Notices Be Distributed? 3-4
2. Mailing Lists 3-5
What are the Regulatory Requirements for Mailing Lists? 3-6
Why are Mailing Lists Created? 3-7
Who Should be Included on a Mailing List? 3-7
3. Notices of Decision 3-8
What are the Regulatory Requirements for Notices of Decision? 3-8
What Information is Included in aNotice of Decision? 3-9
How Can Interested Parties Receive aNotice Of Decision? 3-9
Reference Guide for Public Involvement in Environmental Permits
-------
4. Fact Sheets/Statements of Basis 3-9
What are the Regulatory Requirements for Fact Sheets/Statements of Basis? 3-9
What Information Should be Included in a Required Fact Sheet or Statement of Basis? .... 3-10
Where Can I Receive Fact Sheets and Statements of Basis? 3-12
5. Response to Comments 3-12
What are the Regulatory Requirements for Response to Comment Documents? 3-12
What Information is Provided in a Response to Comments Document? 3-13
How are Response to Comment Documents Organized? 3-13
How do Interested Parties Obtain a Response to Comment Document? 3-13
6. Information Repositories 3-14
What are the Regulatory Requirements for Information Repositories? 3-14
Are Information Repositories Required for Every Permitting Activity? 3-14
Where are Information Repositories Generally Located? 3-15
What Information Should be Included in the Repository? 3-15
How is the Public Notified That an Information Repository Exists? 3-16
Required Public Participation Activities for Gathering and
Exchanging Information 3-17
1. Public Comment Periods 3-17
What are the Regulatory Requirements for Public Comment Periods? 3-17
What is the Purpose of a Public Comment Period? 3-18
How is the Public Notified about Public Comment Periods? 3-18
2. Contact Persons/Offices 3-18
What are the Regulatory Requirements for Contact Persons/Offices? 3-19
What is the Role of a Designated Contact Person? 3-19
How do Interested Parties Locate the Contact Person? 3-19
3. Public Meetings 3-20
What are the Regulatory Requirements for Public Meetings? 3-20
What is the Purpose of a Public Meetings? 3-20
What are the Differences Between Public Meetings and Public Hearings? 3-20
What Factors Should be Considered When Planning a Public Meeting? 3-21
How can Interested Parties Obtain Information About Public Meetings? 3-22
4. Public Hearings 3-22
What are the Regulatory Requirements for Public Hearings? 3-22
What is the Purpose of Public Hearings? 3-23
How Should Permitting Agencies Prepare for Public Hearings? 3-24
How do Interested Parties Obtain Information About Public Hearings? 3-25
ADDITIONAL TOOLS & MODELS:
Statutory and Regulatory Table Insert
Section 4 - Additional Tools to Facilitate Public Involvement Activities in
Environmental Permits 4-1
Reference Guide for Public Involvement in Environmental Permits iii
-------
What are Examples of Additional Tools That can be Used for Disseminating Information ... 4-1
What are Examples of Additional Tools That Can be Used for Gathering and
Exchanging Information? 4-1
Additional Tools Can Be Used to Disseminate Information 4-2
1. Language Translations 4-2
What are the Advantages of Written and Oral Translations? 4-2
2. Project Newsletters and Reports 4-2
What are the Advantages of Using Newsletters and Reports to Disseminate
Information? 4-2
3. Introductory Notices 4-3
When are Introductory Notices Used? 4-3
What Information is Provided Within an Introductory Notice? 4-3
4. Exhibits 4-3
What are the Advantages of Using an Exhibit? 4-3
5. Briefings 4-4
What is the Purpose of Briefings? 4-4
6. Presentations 4-4
When Should a Permitting Agency Schedule a Presentation? 4-4
7. Facility Tours 4-5
How Should a Facility Tour be Organized? 4-5
8. Observation Decks 4-6
When Should an Observation Deck be Used? 4-7
9. News Releases and Press Kits 4-7
When are News Releases and Press Kits Used? 4-8
Who can Issue News Releases and Press Kits? 4-8
How are News Releases and Press Kits Prepared? 4-9
10. News Conferences 4-10
When Should News Conferences be Used? 4-10
11. Independent Technical Experts 4-10
12. Information Booklets/Brochures 4-11
Additional Tools That Can Be Used for Gathering and Exchanging Information 4-11
1. Community Interviews 4-11
When Should Community Interviews be Conducted? 4-12
Who Participates in Community Interviews? 4-12
2. Focus Groups 4-13
When do Facilities or Permitting Agencies Use Focus Groups? 4-13
Reference Guide for Public Involvement in Environmental Permits iv
-------
How Should Agencies Prepare for Focus Groups? 4-13
3. Door-to-Door Canvassing 4-14
When Should Door-to-door Canvassing be Used? 4-14
What Types of Questions Should Door-to-Door Canvassers be Trained to Answer? 4-14
4. Surveys and Telephone Polls 4-15
When Should Surveys and Telephone Polls be Used? 4-15
How are Surveys and Telephone Polls Conducted? 4-15
5. Telephone Contacts 4-16
When are Telephone Contacts Used? 4-16
6. Telephone Hotlines 4-16
When Should Permitting Agencies use Telephone Hotlines? 4-16
Who Operates the Telephone Hotline? 4-17
7. On-Scene Information Offices 4-17
When Should an On-scene Information Office be Used? 4-18
What Kind of Services Should an On-scene Information Office Provide? 4-18
8. Question and Answer (Q&A) Sessions 4-18
When Should a Question and Answer Session be Used? 4-18
9. Information Tables 4-19
When Should an Information Table be Used? 4-19
10. Informal Meetings with Other Stakeholders 4-20
What are the Benefits to Informal Meetings? 4-20
When Should Informal Meetings be Held? 4-20
How Should Informal Meetings be Organized? 4-20
11. Attending Stakeholders' Meetings and Functions 4-21
What Should Permitting Agencies do if They Decide to Attend Stakeholder Meetings? .... 4-21
12. Availability Sessions/Open Houses 4-21
When is an Availability Session/Open House Appropriate? 4-22
What Information is Available at Availability Sessions/Open Houses? 4-22
How can Interested Parties Find out About Availability Sessions/Open Houses? 4-22
13. Citizen Advisory Groups 4-23
When Should a CAG be Developed? 4-23
At What Point in the Permitting Process can a CAG be Formed? 4-23
What Factors Should be Considered When Forming a CAG? 4-24
14. Workshops 4-24
When are Workshops Generally Conducted? 4-24
When are Workshops Appropriate? 4-24
How is the Public Notified of Workshops? 4-25
Guidelines for a Model Public Involvement Plan 4-25
What is a Public Involvement Plan? 4-25
eference Guide for Public Involvement in Environmental Permits v
-------
Making it Work 4-25
Audience 4-26
Public Involvement Plan - Annotated Outline 4-26
I. Overview 4-26
II. Capsule Facility Description 4-26
III. Community Background 4-27
IV. Public Involvement Activities and Timing 4-27
V. Appendix of Contacts: List of Key Community Leaders 4-28
VI. Appendix: Meeting Locations and Repositories 2-27
RESOURCES & CONTACTS:
Section 5: Resources 5-1
EPA Regional Offices Regions 5-1
EPA Regional Tribal Program Mangers/Coordinators 5-1
EPA Telephone Hotlines 5-2
RCRA Information Center (RIC) 5-4
Additional EPA Sources of Hazardous and Solid Waste Information 5-5
Additional Website Resources 5-7
Internet Links to EPA and State Homepages 5-7
Internet Links to Tribal Homepages 5-8
Section 6: Acronyms and Glossary 6-1
Acronyms 6-1
Glossary 6-3
List of Figures
Figure 1. Prevention of Significant Deterioration (PSD) Permit Process? 2-9
Figure 2. Tittle V State Operating Permit Process 2-15
Figure 3. UIC Permit Process 2-18
Figure 4. NPDES Permit Process 2-24
Figure 5. RCRA Operating Permit Process 2-28
Reference Guide for Public Involvement in Environmental Permits vi
-------
Section 1 - Introduction
This Reference Guide for Public
Involvement in Environmental
Permits (Reference Guide) was
developed by EPA to help make it easier for
you and your agency to facilitate public
participation in environmental permitting
decisions for businesses and facilities under
your authority. The Reference Guide provides
basic information about public participation
requirements and gives examples under several
major permits issued by EPA's air, water, and
waste programs. The Reference Guide details
what public participation activities are required
under these programs, as a minimum, as well as
those suggested activities that serve to augment
the regulatory requirements. While this
document will be available to the public and to
regulated entities, and their input will be sought,
the primary audience for the Reference Guide
is the regulating community. Thus, the public
and permitted facilities are necessarily
addressed as the secondary audience.
What Information Does this
Reference Guide Contain?
This Reference Guide is divided into six
sections to help you identify public
participation activities required under
federal regulations and how you and your
agency can get the public involved. In addition,
it provides useful tips, based on the experience
of public participation practitioners, on how
regulators, the public, and facility operators
seeking permits can interact. The following is a
summary of the information contained within
each of the six Reference Guide sections.
Section 1: Introduction. This section
provides a brief introduction to the purpose and
scope of the Reference Guide, and provides
information and referral to other sources for
programs not covered in this document.
Section 2: Permit Processes Overview. This
section provides a brief overview of several
major permitting programs for which EPA has
either direct responsibility or oversight
authority. These programs are used to highlight
public participation activities associated with
permitting activities. The permitting programs
outlined include: air programs under the Clean
Air Act (CAA); water programs under the Safe
Drinking Water Act (SDWA) and the Clean
Water Act (CWA); and hazardous waste
programs under the Resource Conservation
and Recovery Act (RCRA). Each overview
has a brief description of the statute, the
associated permits, and the resulting permitting
programs. Included is a list of public
participation activities required by each
permitting program, as well as regulatory
citations that should be referred to for specific
provisions.
Section 3: Required Public Involvement
Activities in Environmental Permits. This
section presents detailed information about
public participation activities you, your agency,
the EPA, the public, and facilities seeking
permits are required to use during the
permitting process.
These activities are broken down into two
categories, namely: (1) disseminating
information, and (2) gathering and exchanging
Reference Guide for Public Involvement in Environmental Permits
1-1
-------
information. Required activities include public
notices, fact sheets, notices of decision, public
meetings, and public hearings.
Each public participation activity is presented in
a similar format. The parts to the presentation
for each public participation activity are as
follows:
• a brief overview of the public
participation activity;
a summary of the federal regulatory
requirements for using the activity in
each permitting program;
a detailed description of the activity;
and
These tools supplement, and should be used in
conjunction with, the required public
participation activities. These additional tools
have been helpful in avoiding potential
controversies or when an agency has gone
through the required process (described in
Section 3) and issues still remain surrounding
the permitted activity.
Each public participation activity is presented in
a similar format. The three parts for each
activity are as follows:
• a brief overview of the public
participation activity;
a detailed description of the activity;
and
• a discussion that includes opportunities
for participation and other tips.
Section 4: Additional Tools to Facilitate
Public Involvement Activities in
Environmental Permits. This section
presents detailed information about additional
public participation tools that you, your agency,
the EPA, the public, and facilities seeking
permits can use to better facilitate public
participation during the permitting process.
These activities are also broken down into (1)
disseminating information and (2) gathering and
exchanging information. Suggested public
participation tools include, but are not limited
to, the following: project newsletters,
presentations, facility tours, citizens advisory
groups, and dispute resolution.
• discussion that includes opportunities
for participation and other tips.
Section 5: Resources and Contacts. This
section presents information on a variety of
resources that are available to help facilitate
public participation activities. It includes
telephone hotlines, information on the Internet,
a list of RCRA public participation contacts at
EPA and in selected states, and Internet links to
EPA, tribal, and state home pages. This
section also includes a two-page excerpt from a
brochure produced by EPA for users of the
RCRA Information Center (RIC) that describes
the RIC, its purpose, and services.
Section 6: Acronyms and Glossary. This
section presents a list of acronyms and a
glossary of commonly used terms for each of
the different programs.
Reference Guide for Public Involvement in Environmental Permits
1-2
-------
Where Can I Find Additional
Public Involvement
Information?
Although this Reference Guide provides a list
of resources, it does not address every
situation that requires a permit It is
important to note that zoning and land use
decisions are made at the local level; this
Reference Guide will not address those issues.
Consult your local authorities directly for any
zoning questions. The following are several
suggestions for places to look for related
information:
• • If you are trying to learn more about
public participation in the Superfund
program, refer to Community
Relations in Superfund: A Handbook,
(USEPA, EPA/540/R-92/009,
OSWER Directive 9230.0-3C,
January 1992).
Order:
http ://www. epa. gov/ncepihom/Catalog/
EPA540R92009.html
• • If you are trying to learn more about
siting hazardous waste management
facilities before permitting, you will
most likely need to contact your local
or state environmental officials. Please
refer to the information in Section 5 of
this Reference Guide to find the right
organization.
•• Most states are authorized to carry out
the National Pollutant Discharge
Elimination System (NPDES), and
RCRA hazardous waste program, and
these states may choose to impose more
stringent requirements than the federal
program. If you want to learn about the
public participation requirements for
other states, you should contact state
environmental officials. Internet links to
individual state web sites are provided in
Section 5 of this Referenee Guide.
If you are trying to leam about
hazardous substances (other than
wastes) stored by facilities or amounts of
toxic substances released to the
environment, you should find out more
about the Emergency Planning and
Community Right-to-Know Act
(EPCRA) www. epa. gov/swercepp/crtk
and the Toxics Release Inventory (TRI)
www. epa. gov/tri. Call EPA
Headquarters, your EPA Regional
Office, or the RCRA/Superfund Hotline
(see Section 5 of this Reference Guide)
for more information.
There are other programs administered by EPA
that have a direct bearing on permit programs,
but are not covered in detail in this Reference
Guide. All users of this Reference Guide
should be sure to consider the impact of other
programs and the public participation
requirements associated with them.
For example, the State Implementation Plan
(SIP) process under the Clean Air Act (CAA)
includes at least two public comment periods
and a public hearing. The emission limitations
established by the SIP process often are some
of the components of the CAA Title V
operating permits. Details on how to
participate in the determination of emissions
limits for a source are provided in the CAA
portion of Section 2.
Reference Guide for Public Involvement in Environmental Permits
1-3
-------
The Freedom of Information Act (FOIA) is an
additional program or authority through which
the public may have access to permit
information or any other information maintained
by you, your agency, the EPA, or a facility. An
explanation of this authority and the public's
rights under its provisions is at 40 CFR Part 2.
These regulations require the federal
government to provide access to documents in
its possession. Part 2 lists addresses for each
EPA Region's FOIA office.
Most, if not all, states have laws similar to
FOIA often known as Open Record Acts, and
state information can similarly be accessed
through these state provisions. The public may
wish to contact your agency or other
appropriate state agencies for more information
on its particular information access
requirements. Certain information in EPA
and/or state files, however, is not available
because it is claimed as Confidential Business
Information (CBI) or as a Trade Secret. In
addition, facilities have the right to claim some
types of information as confidential, but under
fairly narrow circumstances.
Be sure to know whether or not you, your
agency, or the facilities under your authority
possess confidential information. If such
information exists, you may wish to further
inquire whether your agency, the relevant state
agency, or the EPA has formally determined
the validity of any such claim of confidentiality.
If this formal review has not been done, then
under the federal requirements and under most
State provisions the public is entitled to have
such a review. If it is determined that the claim
is incorrect or overly broad, the information
may then be made available to the public.
Key Resources*
Siting Our Solid Waste: Making Public
Involvement Work (EPA 530-SW-90-020,
March 1990)
Social Aspects of Siting RCRA Facilities
(EPA 530-K-00-005, April 2000)
NEJAC Model Plan for Public
Participation (EPA 300-K-96-003,
November 1996)
Reference Guide for Public Involvement in Environmental Permits
1-4
-------
Section 2 - Permit Process Overview
How did the Current Permit
Programs Develop?
Since 1970, EPA has continually strived to
find the best ways to protect the
environment. Among the most successful
methods have been EPA's programs requiring
industrial and municipal facilities to obtain permits
to control their pollutant emissions to the air, land,
and water. Various permitting programs under
the Clean Air Act (CAA), such as the New
Source Review (NSR) and Title V, for air
emissions, the National Pollutant Discharge
Elimination System (NPDES) for discharges of
pollutants into surface water, and the Resource
Conservation and Recovery Act (RCRA) for
waste management have in many ways reduced
the negative impacts of industrial and municipal
facilities on human health and the environment.
Each permitting program implemented by EPA is
based on legal requirements defined in the at (or
statute) passed by Congress. The statute
explains the legislative goals for the program,
describes the major program components to
achieve the goals, and provides EPA with
authority to develop rules for implementing the
program. Regulations developed by EPA contain
details on how the program will be carried out.
Regulations are found in the Code of Federal
Regulations (CFR) and are detailed definitions,
procedures, and requirements that indicate how
the statute's broad directives will be
implemented. In general, permit programs are
defined in the regulations, versus in the statute, to
ensure that the requirements of the statute are
properly implemented.
What is EPA's Relationship with
State, Tribal, and Local
Environmental Agencies?
It is important to understand EPA's
relationship with state, tribal, and local
agencies within the context that permits are
issued. Rather than issuing most permits
itself, EPA generally has established programs to
authorize state, tribal, and local permitting
authorities to perform most permitting activities.
Once EPA has delegated its authority for a
permitting program to a state or tribe, they can
then implement their own version of the permit
program as long as it meets the minimum
requirements stated in the governing statutes and
regulations.
EPA has delegated authority to most states for
implementing part or all of the major permit
programs. Some states have enacted provisions
that are more stringent than federal requirements,
while other states have adopted the federal
requirements without revision. Therefore, you
should always make sure you are in compliance
with any state-specific permitting and public
participation requirements before undertaking
permitting activities.
A list of EPA Headquarters and Regional
contacts, as well as state and tribal
environmental contacts including web site
information, is provided in Section 5 as a
reference.
Tribes are sovereign governments that have a
special trust relationship with the federal
Reference Guide for Public Involvement in Environmental Permits
2-1
-------
government based on treaties, statutes, executive
orders, and history. There are currently about
560 federally-recognized tribes in the United
States. Consistent with the federal trust
responsibility and EPA's Indian Policy, EPA is
committed to working with tribes on a
government-to-government basis. EPA also
recognizes tribes as primary parties for setting
standards, making environmental policy
decisions, and managing programs for
reservations, consistent with EPA standards. In
an effort to meet these standards, tribes are
beginning to develop their own regulatory
programs.
Tribal governments generally have the ability to
acquire regulatory authority over environmental
quality within Indian country. In general, states
do not have jurisdiction in Indian country. EPA
encourages tribes to assume regulatory and
program management responsibilities for
reservation lands. In the absence of an EPA-
approved tribal program in Indian country, EPA
will directly implement federal environmental
statutes. For tribes to assume authority for
implementing many of EPA's major grant or
regulatory programs, they usually must meet
criteria for "Treatment in the Same Manner as a
State" (TAS). Generally, the TAS criteria
require that the tribe must:
• be federally recognized;
have or be able to exercise substantial
governmental powers;
have or have been delegated jurisdiction
over the area in question; and
• be reasonably expected to have financial,
physical, and human resource capability
to effectively implement a program.
The EPA statutes that specifically allow for EPA
authorization of tribal programs or a substantial
role for tribes are:
• Federal Insecticide, Fungicide, and
Rodenticide Act (FIFRA);
Safe Drinking Water Act (SDWA);
• Comprehensive Environmental
Recovery, Compensation, and Liability
Act (CERCLA);
Clean Water Act (CWA); and
Clean Air Act (CAA).
In addition, even though Congress has not
specifically provided for tribal assumption of
environmental programs in the Toxic Substances
Control Act (TSCA) and the Emergency
Planning and Community Right-to-Know Act
(EPCRA), EPA has exercised discretion to
allow for tribal programs under these statutes.
Many tribes own or operate businesses or
facilities. Therefore, in terms of public
involvement in environmental permits, tribes may
own facilities applying for permits or a tribe may
wish to comment on a proposed permit for a
facility located in or adjacent to tribal lands.
While EPA is generally not authorized to include
local governments in permitting decisions and in
the delegated programs, it is important to
recognize the benefits of coordinating permit
processes with all stakeholders. Building local
capacity to participate in permitting processes
can ensure that local officials become full
Reference Guide for Public Involvement in Environmental Permits
2-2
-------
partners in protecting human health and the
environment. Engaging local officials early in the
process and sharing the resources listed in
Section 5 of this Reference Guide can help build
an effective relationship.
What are the Major Milestones in
the Permitting Process?
While each permitting program is unique
in its specific requirements, most
follow a similar process for permit
application submittal, agency review, and final
decision. In general, there are four major
milestones in the permitting process:
The permitting authority receives and
reviews the permit application (pre-
application activities are included in this
milestone);
A draft permit or notice of intent to deny
the permit is issued by the permitting
authority;
A public comment period of at least 3 0
days is provided to allow the public to
comment on the draft permit; and
• The permitting authority makes a final
determination on the permit
application.l
Section 4 of this Reference Guide contains a
model plan with additional steps (see part IV of
the outline) that can supplement these milestones
in the core permitting process.
There is a different process in seeking coverage
under general permits under NPDES.
After you, your agency or the EPA makes a
decision, both the facility and the public have the
opportunity to challenge the decision. While this
manual does not address permit appeals, most
permitting programs include procedures for
administrative appeal by any person who files
comments on the draft permit or participates in
any public hearing. Once the administrative
appeal process is exhausted, judicial appeals are
generally available.
In addition, there are limited situations where an
interested person may petition the permitting
authority, usually for cause, to reopen and revisit
a permit. (Please see individual statutes and
EPA or state regulations for specific provisions.)
Judicial challenge to final permit determinations
are provided for by the environmental programs.
The following is an overview of the major air,
water, and solid waste permitting programs
implemented by EPA. Each overview begins
with a brief description of the statute and
resulting permitting programs, including
regulatory citations that should be referred to if
you are interested in complete regulatory
requirements. In addition, there is a list of public
involvement activities required by each
permitting program. (See Section 3 of this
Reference Guide for a detailed description of
the public involvement requirements and a
description of the activity.) If you have further
questions about a particular permitting program,
refer to the list of contacts and resources in
Section 5.
Reference Guide for Public Involvement in Environmental Permits
2-3
-------
Clean Air Act (CAA)
Public involvement requirements under
CAA are found at: 40 CFR Part 51
Sec. 51.102, 51.161, 51.285, 51.368,
51.856, 51.112, 51.116, 51.118, 51.121,
51.152, 51.160, 51.164, 51.166, 51.230,
51.302-304, 51.306-309, 51.369, and
51.853; 40 CFR Part 52 Sec. 52.5 and
52.15; 40 CFR Part 60 Sec. 60.22, 60.23,
and 60.210; 40 CFR Part 63.43; 40 CFR
Part 71 Sec. 71.11 and 71.27; 40 CFR
Part 72 Sec. 72.65-67; 40 CFR Part 85
Sec. 85.1807; 40 CFR Part 89 Sec.
89.512, 40 CFR Part 90 Sec. 90.512; 40
CFR Part 91 Sec. 91.512 and 91.513; 40
CFR Part 92 Sec. 92.709; and 40 CFR
The Clean Air Act (CAA) was passed to
establish the basic air quality management
system under which the EPA promulgates
National Ambient Air Quality Standards
(NAAQSs) and programs to meet air quality
goals, and requires states to develop and adopt
plans to implement them known as State
Implementation Plans (SIPs). In addition, the
CAA requires EPA to promulgate emission
standards for hazardous air pollutants and also
requires special regulation of new or modified
sources of air pollution.
The CAA also establishes two different types of
permits for air pollution sources —
preconstruction permits for new and modified
sources, and operating permits for existing
sources. For the most part these programs are
run by state and local agencies.
However, if the state or local program is not
approved, EPA must run the program and issue
the permits.
Air Pollution Permits for New
and Modified Sources
• • What is the Purpose of the
CAA's New Source Review
Permit Programs?
The purpose of the CAA's new source
review permit programs for new or
modified sources is to ensure that a new
or modified source installs the appropriate
control technologies, that they do not interfere
with or violate the control strategy for meeting
the NAAQSs, and that they do not contribute to
new or existing air pollution problems, such as
violations of the NAAQSs.
There are four different permit programs for new
and modified air pollution sources:
• The New Source Review (NSR)
program for major sources located in
areas that are attaining the NAAQS for
the particular pollutant being discharged
is commonly referred to as the
Prevention of Significant
Deterioration (PSD) program (A
federal PSD program is in place in
Indian Country and in those cases where
an approved state or local PSD program
does not exist.)
The New Source Review (NSR)
program is for major sources locating in
areas designated as non-attainment for
the particular pollutant.
Reference Guide for Public Involvement in Environmental Permits
2-4
-------
• Minor source NSR programs are for
non-major sources.
• Review of new and reconstructed
sources of air toxics.
Since many major sources emit more than one
pollutant, some sources are required to obtain
both a PSD and a non-attainment NSR permit.
Some states have, and other states are moving
toward combining their new source air pollution
permit programs with the operating permit
program under Title V of the Clean Air Act.
Thus, a notice of a permit action might not
specifically state that the permit is being issued
under one of the new source programs, but that
the source must meet all applicable new source
requirements.
• • What are the Key Components
of the New Source Review
Permit Programs?
Tn clean areas, or "attainment areas," the NSR
program limits degradation of air quality. In
these situations, the NSR program, commonly
referred to as the PSD program, requires major
new and modified sources located in areas that
are attaining the NAAQSs to install equipment
that represents the Best Available Control
Technology (BACT); and ensure that the
emissions from the new or modified source will
not cause or contribute to a violation of the
NAAQS; or will not deteriorate the air quality
more than some prescribed increment.
The non-attainment NSR program requires major
new or modified sources in areas not meeting
NAAQS to install equipment representing the
lowest achievable emission rate (LAER), to offset
5 emissions by reducing existing
the remaining emissions by reducing existing
emissions at the facility or at another facility in
the non-attainment area, and to ensure that the
emissions do not contribute to other air quality
problems.
Many states have minor source NSR programs
to cover sources not large enough to be subject
to NSR regulations. Minor NSR programs may
utilize different application and public notification
procedures form those required for major source
NSR programs.
In these cases, the states develop these
programs as part of their air pollution control
plans and submit them to EPA as part of the
SIP. Once this program becomes part of an
approved SIP, the minor source NSR programs
become federally enforceable. In some cases,
these minor source NSR programs are used to
limit the hours of operations or other parameters
at the source to keep the source below the
applicability requirements of the non-attainment
NSR programs. This type of permit action is
called "establishing potential-to-emit (PTE)
limits."
• • What are the Opportunities
for Public Involvement in the
CAA's New Source Review
Permit Programs?
There are many opportunities for interested
parties to participate in the permitting of a
new or modified source, depending on
the type of permit being sought. Public
involvement opportunities include public
comment periods, public hearings and meetings,
and appeals.
For example, state or local air pollution control
Reference Guide for Public Involvement in Environmental Permits
2-5
-------
agencies have the responsibility for determining
the emission limitation for the sources. This is
done through several mechanisms. For new or
modified sources agencies follow NSR
procedures or the minor source NSR
procedures. Public participation activities related
to these programs are discussed in Section 3.
For existing sources or other sources not subject
to the NSR requirements, the state or local
agency follows a process defined for SIPs,
referred to as the SIP process to develop
emission limitations.
The agencies use information on both available
technology and ambient conditions to establish an
emission limitation for air pollution sources. In
developing the emission limitations, the agencies
are required to have public comment periods and
public hearings. In addition, many agencies also
have public meetings and provide other
opportunities for the public to comment on the
emission limitations.
In addition, all new source review permit
programs require permitting authorities (EPA,
state, tribal or local agency) to notify the public
when a permit is issued. Generally notice is also
published when the permitting authority proposes
action on a permit, holds a public hearing, renews
or reopens a permit, or makes a significant
modification to a permit. Notices are published in
a newspaper of general circulation in the area
where the facility is located or in a state
publication designed to give public notice, such as
a state register.
The permitting agencies generally make the
information submitted by the source and its
evaluation of that material, including analysis of
the data and air quality impact, available to the
public in the area affected as well. This includes
any draft permit or preliminary determination.
Copies of the materials must be available in at
least one location in the region where the source
is located. The information is generally placed in
the local offices of the agency or in a local
library.
Once a final determination has been made, in
addition to notifying the applicant in writing of
that final determination, the permitting authority
must make such notification available for public
inspection at the same location where it made
available the preconstruction material and the
public comments.
EPA regulations do not require the permitting
authority to notify the commenters concerning
the final determination; however, some states
mail copies of the permitting decision to those
who request it.
And finally, decisions made regarding permitting
activities may be appealed by the public.
Permits issued under the federal PSD provisions
may be appealed to the Environmental Appeals
Board (EAB). Procedures for filing an appeal
can be found in 40 CFR 124. Permits issued
through a SIP program must be appealed to the
state under state-specific procedures.
• • When in the Permitting
Process do These
Opportunities Usually Occur?
Again, when developing the emission
limitations, agencies are required to
have public comment periods and
public hearings.
Reference Guide for Public Involvement in Environmental Permits
2-6
-------
Once a state adopts revised emission limitations
or other changes, it submits the changes to EPA
for approval as a revision to the SIP. The
process that EPA follows to approve the
revisions to the SIP also involves a public
comment period. If the state fails to adopt and
submit an adequate SIP, then EPA must
promulgate a Federal Implementation Plan (FIP).
When developing a FIP, EPA generally has a 60-
day comment period and offers an opportunity
for a public hearing.
Once the permitting authority has been
established, public participation requirements are
triggered when a permitting authority issues a
draft permit, holds a public hearing, renews or
reopens a permit, or makes a significant
modification to a permit.
Before the permitting authority issues the permit,
a public notice and comment period is provided,
usually 30 days, to allow comments regarding the
proposed permit, including source information
and agency analyses.
When EPA is the issuing agency, it follows the
30-day notice and comment period requirements
as well as a 30-day notice requirement for public
hearings under the federal PSD program (such a
program exists in Indian country or where no
approved state or local PSD effort is in place).
The notice must identify:
the permitting authority;
• the name and address of the permittee;
• the location of the proposed facility;
• what activities are involved in the permit
action;
• the emissions from the new activities;
• the location where the information
submitted by the source and the agency's
analysis can be inspected;
the name, address, and telephone
number of a person whom interested
parties can contact for additional
information, such as a copy of the draft
permit, the statement of basis, the
application, relevant supporting
materials, and other materials available
to the permitting authority that are
relevant to the permitting decision;
• the deadline for submitting comments;
and
procedures for requesting a public
hearing.
In general, state and local agencies follow similar
procedures. In some cases, a permit authority
announces that a hearing will be held, if one is
requested, at the same time as the authority
announces the public comment period on the
proposed permit.
And while state programs are not required to
give a specific 30-day advance notice of public
hearings, most do.
The public hearing provides a formal opportunity
to present comments and oral testimony on a
proposed permitting action. The notice that
announces the public comment period for the
draft permit will also mention that the public may
request a public hearing. A public hearing will
be held if the request is received before a
deadline set in the notice.
Note that a pubic hearing is not the same as a
public meeting, which is simply an informal forum
for discussing issues and opening lines of
communication. Comments made at a public
meeting do not become part of the official
administrative record as they do during a public
Reference Guide for Public Involvement in Environmental Permits
2-7
-------
hearing. In addition, public hearings are generally
recorded by a court reporter. As stated above,
under federal guidelines (which most states have
adopted), once the permitting agency decides to
hold a public hearing, a 30-day, or more,
advance notice of the hearing is provided. The
notice will provide information on the time, date,
and place.
The permitting authority must keep a record of
public comments and of issues raised during the
public involvement process. All comments must
be made available for public inspection at the
same location where the permitting authority
made available the preconstruction information
related to the source. (40 CFR 51.166(q)(vi))
After a permit or modification has been issued,
during a specified time frame, public citizens who
commented on the proposed permit may appeal
the agencies' decision. Procedures for filing a
federal appeal can be found in 40 CFR 124.
State permits issued must be appealed following
state guidelines.
Figure 1 (next page) presents an overview of the
Prevention of Significant Deterioration (PSD)
Permit Process.
Reference Guide for Public Involvement in Environmental Permits 2-8
-------
Figure 1 - Prevention of Significant Deterioration (PSD) Permit Process
Permitting authority receives and reviews application for approval
to construct or modify (40 CFR 51.160)
Draft permit or notice of intent to deny (40 CFR 51.161 (a))
Public comment period (§124.10)
Public notice allowing at least 30
days for
comment (40 CFR 51.161 (b))
For PSD permits, public hearing (if
requested during public
comment period) (40 CFR 51.166 (q)(2))
Final PSD decision
(40CFR51.166(q)(2))
For PSD permits, permitting authority
makes notice of decision available for
public inspection (40 CFR 51.166 (q)(2))
Reference Guide for Public Involvement in Environmental Permits
2-9
-------
Title V Operating Permits
• • What is the Purpose of the
CAA's Title V Operating
Permits Program?
Title V of the Clean Air Act requires
permitting authorities to adopt permit
programs (often called Part 70 programs)
for all large sources of air pollution and many
smaller sources of hazardous air pollutants in
order to improve compliance with and
enforcement of CAA requirements. All
stationary sources are required by federal law to
get operating permits that incorporate the rules
that apply to the day-to-day operations at a
facility. Generally these permits are issued by
states, local governments, and tribes. A detailed
set of federal regulations that sets standards for
permitting programs is found at 40 CFR Part 70.
• • What are the Key
Components of the CAA's
Title V Operating Permits
Program?
The Title V program provides for the
compliance and enforcement of CAA
goals in several ways. First, the program
enhances compliance and enforcement by
including all of the CAA's requirements that
apply to a facility in one document — the
operating permit. For example, terms from the
facility's preconstruction permit and
requirements from the SIP that apply to the
facility are included in the permit, along with all
federal standards that apply.
Through the permit, the permitting agency has a
record that describes exactly what rules apply to
the facility.
The facility and the public also have a clear
understanding of what the facility's obligations
are. In this way, operating permits lead to
better compliance, better oversight by the public,
and more effective enforcement.
Second, although the operating permit generally
does not create emissions limits, where
necessary, the permit will add monitoring,
record-keeping, and reporting requirements.
The permit will require the facility to regularly
provide the permitting agency with information
that establishes whether or not the facility is in
compliance with all of its applicable
requirements. In other words, the facility must
submit reports to you or your agency that
contain the results of the facility's monitoring
(e.g., monitoring the levels of pollutants emitted)
or other required record-keeping at least
semiannually.
In addition, when a permitted facility is not in
compliance with all of its applicable requirements
at the time it obtains its permit, the facility must
submit annual progress reports to the permitting
agency that document whether the facility is
meeting its previously agreed to milestones for
achieving compliance. All required reports,
records, and notices are public information. The
permit itself and the permit application (except
confidential business information) are also public
information.
Third, a responsible official at the facility must
certify whether or not the facility is in compliance
with all applicable requirements.
Reference Guide for Public Involvement in Environmental Permits
2-10
-------
Also, a responsible official must certify whether
the facility is in compliance with its permit each
year after the permit is issued. These
certifications are public information.
• • What are the Opportunities
For Public Involvement in the
CAA's Operating Permits
Program?
The public involvement requirements found
in 40 CFR Part 70 (and adopted into
state, local and tribal Part 70 programs)
provide interested parties the opportunity to
participate by:
1. commenting on a draft of the facility's
operating permit (and significant changes
or modifications to its permit) (40 CFR
70.7(h));
2. keeping track of whether the facility is
meeting its emission limits and other
requirements (by reviewing the reports
that the facility submits) (40 CFR 70.6
(a)(3)(iii), 70.6(c)(4), 70.6(c)(5)); and
3. challenging the permit in court (or
before a tribal review body) (40 CFR
70.4(b)(3)(x)).
Enforcement Actions may be brought against
facilities that are not complying with their permits
(using the citizen suit provisions of Section 304
of the CAA).
All Part 70 programs provide the following
specific opportunities for public involvement:
•• Public notice
•• Public comment periods
Response to comments
•• Mailing lists
•• Statements of Basis
•• Contact persons
• • Petitions to the EPA Administrator to
object to the permit (discussed below)
A general description of these concepts (except
petitions to EPA) as they apply to many federal
programs is found in Section 3 of this Reference
Guide.
• • When in the Permitting
Process do These
Opportunities Usually Occur?
T
Ihe permitting agency must provide a
public notice and an opportunity to
comment on a draft permit when:
a facility applies for its first Title V
permit;
a Title V permit is renewed (5 years
after issuance);
the permit is reopened because there is a
material mistake in the permit or to
update the permit because of new
requirements (review is limited to the
part of the permit that is being revised);
and
the facility makes a significant change in
its operations and applies for a revision
to its permit (review is limited to the part
of the permit that is being revised.
Public notice is required when a facility applies
for its first permit, the permitting agency issues a
draft permit, holds a public hearing, renews or
reopens a permit, or makes a significant
modification to a permit. The permitting
authority may elect to reopen a permit if it
Reference Guide for Public Involvement in Environmental Permits
2-11
-------
contains a material mistake or is otherwise not in
compliance with applicable requirements of the
Clean Air Act. The public can also request a
reopening based on material mistake. This
request may be made at any time.
Notices must be published in a newspaper of
general circulation in the area where the facility is
located or in a state publication designed to give
general public notice, such as a state register. In
addition, permitting agencies must send notices
to persons who have indicated that they want to
be on a mailing list for receiving notices of
permitting actions.
Public notice must include at least the following:
• the identity of the permitting agency;
• the name and address of the permittee;
the name and location of the facility;
• the activities involved in the permit
action, including the change in emissions
levels involved in any permit revision;
the name, address, and telephone
number of a person whom interested
persons may contact for additional
information such as a copy of the draft
permit, the statement of basis, the
application, relevant supporting
materials, and other materials available
to the permitting authority that are
relevant to the permitting decision;
the date the public comment period
ends; and
• instruction on how to request a public
hearing.
Members of the public who feel that they need
more than 30 days in which to review a draft
permit may request that the permitting agency
extend the time for public comment (but there is
no requirement that you or your agency agree to
the request). Therefore, it makes sense for you
to involve interested citizens early in the process.
so that the public has the opportunity to review
the facility file and the Part 70 permit application
well in advance of the comment period on the
draft permit.
Members of the public may also want to look at
a copy of the statement of basis for the permit,
which describes the factual and legal justification
for the permit.
Federal regulations do not require the permitting
agency to provide a written response to
comments, but state law may require such a
response. The permitting authority must,
however, keep a record of public comments and
of issues raised during the public involvement
process. The permitting agency must provide
EPA and the public with a copy of this record if
requested to do so.
A public hearing provides another opportunity
for public participation. The notice that
announces the public comment period for the
draft permit will also mention that the public may
request a public hearing. A public hearing may
be held if the request is received before a
deadline set in the notice.
As stated above, a public hearing provides a
formal opportunity to present comments and oral
testimony on a proposed permitting action.
Note that a public hearing is not, however, the
same as a public meeting, which is simply an
informal forum for discussing issues and opening
lines of communication. Comments made at a
public meeting do not become part of the official
administrative record as they do during a public
Reference Guide for Public Involvement in Environmental Permits
2-12
-------
hearing. In addition, public hearings are
generally recorded by a court reporter. Under
federal guidelines (which most states have
adopted), once the permitting agency decides to
hold a public hearing, it must provide a 30-day
advance notice of the time, date, and place.
The decision of the permitting agency is public
information, but Part 70 does not require that the
permitting agency send out notice of the decision
except to the permitted facility. Some states are
required by state law to mail a copy of the
permitting decision to persons who submitted
comments.
The petition process of Title V gives the public
an extra opportunity for involvement, compared
to most permit programs. After the permitting
agency has issued the draft permit and has taken
into account any comments, it drafts a proposed
permit, which it sends to the EPA. EPA has 45
days in which to review the permit.
EPA may object to the permit if there are
grounds to do so. If EPA does not obj ect,
however, and a member of the public believes
EPA should have objected to the permit, he or
she can petition the
EPA to change its \\ ' f /
decision. The V / -
petition (which can
be a letter to the
EPA) must be sent
within 60 days after
the end of EPA's 45-
day review period.
It may be necessary for interested parties to
contact you or your agency to learn the date on
which the 45-day review period ends, so that
date should be readily available.
If EPA reverses the decision, then the permit will
not be issued, or if it has already been issued, it
will become ineffective. If EPA does not reverse
the decision, EPA's decision can be challenged
in federal court.
Whether or not a petition to the EPA has been
filed, members of the public may challenge a
permit in state court or before a tribal review
body (if the permit has been issued by an Indian
tribe).
For areas of the country that are not covered by
state Part 70 programs (such as Indian country),
EPA administers the Federal Operating Permits
Program. EPA will issue Title V permits for
facilities in Indian country until tribal Part 70
programs are adopted and approved. The
public involvement opportunities provided by the
Federal Operating Permits Program are modeled
on the Part 70 program and are described at 40
CFRPart?!.
• • How can I Assist Interested
Parties in Learning More
About CAA Permitting
Processes and/or Facilities
They are Concerned About?
The permit application on file from the
facility is a good source of information.
Even a similar permit may help in assisting
an interested party in learning more about the
process.
Many state permitting agencies put their permits
and draft permits on the Internet for easier
access. In addition, files for specific facilities
should contain background information on the
facility, inspection and enforcement history, and
Reference Guide for Public Involvement in Environmental Permits
2-13
-------
previously issued permits. This information is the
best starting place for a person interested in a
particular facility.
Other resources you can point interested parties
to include:
• • To gain a better understanding of the
overall structure, purpose, and goals of
EPA's regulations for state operating
permit programs, interested persons can
download EPA's "Air Pollution
Operating Permit Program Update —
Key Features and Benefits" at the
following address:
http://www. epa.gov/oar/oaqps/
permitupdate.
•• EPA's Operating Permits Group
maintains a web site that provides
general information about the program at
the following address:
http://www. epa.gov/oar/oaqps/
permits.
• • Text versions of policy memos,
guidance, white papers, and preamble
rule language for the Part 70 program
and the Federal Operating Permits
Program (Part 71) are found at the
following address:
http://www.epa.gov/ttn/oarpg/t5mam.
html
The maj ority of maj or industrial groups
that have significant emissions, such as
power plants, steel mills, and refineries,
are described in EPA's sector
notebooks. For each industrial group,
information is provided on the industrial
process, the types of air pollutants
released, and compliance/enforcement
history for the group as a whole. The
reports can be found at the following
address:
http://es.epa.gov/oeca/sector/mdex.
html
•• Information regarding health effects of
hazardous air pollutants can be found at
the following address:
http:'///www. epa.gov/ttn/uatw/
hapindex.html
There are a number of sites within EPA's
Envirofacts Warehouse that allow interested
persons to identify specific facilities and their
emissions.
Interested parties can do a search of
EPA's AIRS database for information
on specific facilities or all facilities in a
given geographic area, see:
http://www.epa.gov/enviro/html/airs
query Java. html.
•• To find information on the toxic
chemicals and compounds released by
specific facilities, see:
http://www.epa.gov/enviro/html/tris.
Figure 2 (next page) presents an overview of the
Title V State Operating Permit Process.
Reference Guide for Public Involvement in Environmental Permits
2-14
-------
Figure 2 - Title V State Operating Permit Process
Agency Request for
Additional Information
from Applicant
Application Deemed
Complete by Agency
Citizen Request for
Permit Application
30 Day Public
Comment Period and
Affected States
Comment Period
Citizen Request for
Draft Permit and all
Supporting Information
Citizen Request for
Public Hearing
Agency Addresses
Comments and Prepares
Proposed Permit
*
Proposed Permit Sent to
EPA for 45 Day Review
Period
4 t
i
Citizen Review of
Permit and Submission
of Comments to Agency
Testimony at Public
Hearing
Citizen Petition to EPA
No
Yes
Permit Sent Back to
Agency for Revisions
1
i
fc
Perm it to EPA for
Approval
_±/ EPA Api
~^N. Pe
No
Yes
Citizens May Appeal
EPA Denial to U.S.
Circuit Court
Final Permit Issued
Citizens May Appeal
Final Permit to
Administrative Review
Board/State Courts
Reference Guide for Public Involvement in Environmental Permits
2-15
-------
Safe Drinking Water Act
(SDWA)
Public involvement requirements under
SDWA are found at: 40 CFR Part 25
Sec. 25.3 through 25.13, 40 CFR Part
124 Sec. 124.10-14, 124.17, 124.19
The Safe Drinking Water Act (SDWA)
provides for control of contaminants in
public water systems and also provides
authority to regulate underground injection
wells. The SDWA uses Underground
Injection Control (UIC) permits to regulate
construction, operation, and closure of wells in
order to protect public sources of drinking
water.
• • What is the Purpose of the
SDWA's UIC Permit
Program?
The Underground Injection Control
(UIC) permit program regulates the
underground injection of wastes or other
fluids with the goal of protecting underground
sources of drinking water (USDW) from
endangerment. A USDW is defined as an
aquifer capable of supplying a public water
system now or in the future and containing
water with a concentration of 10,000 mg/1 of
total dissolved solids or less.
Injection is prohibited unless it is authorized by
permit or rule. No injection is allowed if it
endangers underground sources of drinking
water (i.e., if the presence of a contaminant in a
USDW may result in a public drinking water
system not complying with primary drinking
water regulations or adversely affecting human
health).
• • What are the Key
Components of the SDWA's
UIC Permits Program?
The UIC program defines five classes of
wells. For Class I-TV wells, all injection
activities, including construction of an
injection well, are prohibited until the owners or
operators of these injection wells receive a
permit. Most Class V wells are currently
authorized by rule as long as they do not
endanger underground sources of drinking
water and the well owners submit basic
inventory and assessment information (40 CFR
144.24). Existing Class II enhanced recovery
wells and hydrocarbon storage wells are
authorized by rule for the life of the field or
project or until a permit is issued (40 CFR
144.22). Class IV wells, those that inject
hazardous waste into or above USDWs, are
prohibited unless they are part of an aquifer
cleanup operation (40 CFR 144.13).
There are requirements for submitting
information to EPA or the primacy state and
requirements regarding how wells must be
constructed, operated, monitored, and closed
in a manner that protects underground sources
of drinking water. There may be additional,
more stringent requirements imposed by a state
or tribe. EPA has recently adopted new
regulatory requirements for two types of Class
V wells (high risk): large cesspools and motor
Reference Guide for Public Involvement in Environmental Permits
2-16
-------
vehicle waste disposal wells. Additional
requirements are being developed for other
high risk Class V wells, including certain
industrial waste disposal wells.
Individual or single-family cesspools or septic
systems are excluded from regulatory coverage
under the federal UIC program. A full
description of the regulatory requirements for
the UIC permitting program can be found at 40
CFR Parts 144, 145, 146, 147, and 148.
• • What are the Opportunities
for Public Involvement in the
UIC Permitting Process?
T
he UIC permitting program has several
opportunities for public participation,
which include:
Public notice;
Public comment periods;
Public hearings;
Response to Comments;
Notices of decision; and
Fact sheets or Statements of Basis.
See 40 CFR Part 124 for specific regulatory
language defining the public participation
requirements for the UIC permit program.
• • When in the Permitting
Process do These
Opportunities Usually
Occur?
Public notice and comment is required in
the UIC permitting process after an
applicant submits a permit application
and the permitting agency either denies the
permit or prepares a draft permit. Notice must
also be provided of any scheduled public
hearings, and when an appeal has been
granted. While public notice and comment
periods are required for major permit
modifications, revocations, reissuances, and
terminations, notice is not, however, required
when a permit modification, revocation,
reissuance or termination is denied.
In addition to the general public notices
required with permit application and
modification processes, the permitting agency
must publish, periodically, a notice informing
interested parties of the opportunity to be put
on a mailing list. Copies of fact sheets, the
statement of basis (for EPA issued permits)
must be distributed to the applicant and to
members of the mailing list.
After the public comment period has taken
place and any public hearing held, the agency
must respond to the comments and ultimately
send a Notice of Decision to the permit
applicant as well as any person who requested
notification.
Section 3 of $c&$ Reference Guide provides
further description of the requirements and
associated activities.
Figure 3 (next page) presents an overview of
the Underground Injection Control (UIC)
Permit Process.
Reference Guide for Public Involvement in Environmental Permits
2-17
-------
Figure 3 - UIC Permit Process
Permitting authority receives and reviews permit application (§124.3)
Permitting authority
establishes mailing
list of interested parties
(§124.10(c))
Draft permit or notice of intent to deny permit (§124.6(a)) ||
Fact sheet or statement
of basis sent to members
of the mailing list
(§124.7, §124.8)
Public comment period (§124.10)
+
Public notice of draft
permit (§ 124. 10(a)),
allowing at least 30 days
for public comment
(§124.10(b))
Public hearing (if
requested in writing
during public comment
period (§124.11))
(§124.12)
Public notice of public
hearing 30 days before
hearing
(§124.10(b)(2))
Final permit Decision (§124.15) ||
I
Permitting authority
issues written
response to
comments on draft
permit
(§124.17)
Permitting authority
issues a notice
of decision to all
commenters
(§124.15)
Reference Guide for Public Involvement in Environmental Permits
2-18
-------
Clean Water Act (CWA)
Public involvement requirements under
CWA are found at: 40 CFR Part 25 Sec.
25.3 through 25.13, 40 CFR Part 124
Sec. 124.10-14, 124.17, 124.19, 124.56-
57, 124.62, 124.64
The objective of the Clean Water Act
(CWA) is to restore and maintain the
chemical, physical, and biological integrity
of the Nation's waters. EPA implements two
permit programs under the CWA: Section 404
permits, and National Pollution Discharge
Elimination System (NPDES) permits
Section 404 Permits
• • What is the Purpose of the
CWA's Section 404 Permits
Program?
Section 404 of the Clean Water Act
establishes a program to regulate the
discharge of dredged or fill materials into
waters of the United States, including wetlands.
Section 404 permits prohibit the discharge of
dredged or fill material if there is a practicable
alternative that is less damaging to the aquatic
environment or if the discharge would result in
significant degradation of waters of the United
States.
Section 404 regulates a wide range of activities
including discharges into waters associated with:
•• residential and commercial development;
water resource projects such as dams
and levees;
•• infrastructure development such as
highways and airports; and
•• conversion of wetlands to uplands for
farming and forestry.
• • What are the Key
Components of the CWA's
Section 404 Permit Program?
EPA and the U.S. Army Corps of
Engineers (Corps) share responsibility for
CWA Section 404 program development
and implementation. The Corps is the federal
agency administering the Section 404 permit
program regulating discharges and analyzing
permit applications. Under Section 404, EPA
issues guidelines for dredging and filling
operations. The Corps ensures that Section 404
discharges are in accordance with EPA
guidelines.
Depending on the type of resource potentially
affected by the proposed discharge, other
federal agencies may be involved in Section 404
permitting, including the U.S. Fish and Wildlife
Service and the National Marine Fisheries
Service.
For most waters on which navigation does not
occur, states and tribes are eligible to assume
the Section 404 permitting program. As of
January 2000, New Jersey and Michigan are the
only states to have done so.
Reference Guide for Public Involvement in Environmental Permits
2-19
-------
• • What are the Opportunities
for Public Involvement in the
Section 404 Permitting
Process?
Although EPA and the Corps share
responsibility for implementing the
Section 404 program, public
involvement under federal guidelines is governed
by the Corps regulations found at 33 CFR parts
325 and 327. EPA approves and oversees state
assumption of the CWA Section 404 program,
and public involvement requirements applicable
to state 404 programs appear at 40 CFR
233.32-233.36. In addition, EPA's guidelines
for analyzing permit applications can be found at
40 CFR 230.2, and EPA's regulations for
addressing public participation for approval or
revisions of state 404 programs can be found at
40 CFR 233.15 and 233.16.
Public participation requirements under state-
assumed programs include:
•• Public notice;
•• Public comment periods;
•• Public hearings;
•• Contact persons;
•• Response to comments;
Mailing lists; and
•• Determinations.
• • When in the Permitting
Process do These
Opportunities Usually Occur?
Public notice is required when the
permitting agency receives a permit
application, prepares a draft permit,
considers a major modification to a permit,
schedules a public hearing or issues an
emergency permit.
A copy of the public notices are mailed to the
applicant, any agency with jurisdiction over the
activity or disposal site, any adjoining property
owners, any persons who have specifically
requested notification, and any state whose
waters may be affected by the activity. A
permitting agency may update their mailing list
periodically by requesting written notification of
continued interest from those listed. You or
your permitting agency may delete those
individuals from the list who fail to respond.
After the close of the public comment period
and any public hearings, the permitting agency
must prepare a determination on each applicant
outlining the decision and rational for such. The
determination must be dated, signed, and
included in the official record prior to any final
action on the permit. The official record is open
to the public.
The discussion in Section 3 of opportunities for
public involvement in the CWA Section 404
program refers to state-assumed programs.
Reference Guide for Public Involvement in Environmental Permits
2-20
-------
• • How can I Assist Interested
Parties in Learning More
About Section 404 Permitting
Processes?
Details on the roles of EPA and the Corps:
http://w ww. epa. gov/ow ow/wetlands/facts/
factl0.html.
A fact sheet on state/tribal program assumption:
http://w ww. epa. gov/ow ow/wetlands/facts/
fact23.html.
National Pollutant Discharge
Elimination System (NPDES)
Permits
• • What is the Purpose of the
CWA's NPDES Permit
Program?
Tn order to protect public health and aquatic
life, the Clean Water Act prohibits discharge
of pollutants from any point source into
waters of the United States unless the discharge
is in compliance with a NPDES permit. Permits
regulate discharges with the goals of (1)
protecting public health and aquatic life, and (2)
assuring that every regulated point source
complies with applicable technology based
effluent limits and at a minimum treats
wastewater. To achieve these ends, permits may
include the following terms and conditions:
site-specific discharge (or effluent) limits;
standard and site-specific compliance
monitoring and reporting requirements;
and
•• enforcement provisions in cases where
the regulated facilities fail to comply with
the provisions of their permits.
A full description of the regulatory requirements
for the NPDES permitting program can be found
at40CFR122, 123, and 124.
• • What are the Key
Components of the CWA's
NPDES Permit Program?
NPDES permits establish effluent limits
and may specify Best Management
Practices (BMPs), as well as monitoring
and reporting requirements. The scope of the
NPDES program is broad.
Pollutants can enter waters through a variety of
pathways from municipal, industrial, and
agricultural sources. For regulatory purposes
these sources are generally categorized as either
"point sources" or "non-point sources." Typical
point source discharges include discharges from
publicly owned treatment works (POTWs),
discharges of process waste water from
industrial facilities, and discharges associated
with urban storm water runoff.
Under the NPDES program, all facilities that
discharge pollutants from any point source into
waters of the United States are required to
obtain a NPDES permit. The term "pollutant" is
defined very broadly by the NPDES regulations
and includes industrial, municipal, or agricultural
waste discharged into water. Where such
pollutants are discharged from a point source,
that discharge is subject to NPDES regulation.
Provisions of the NPDES program also address
certain specific types of agricultural activities
referred to as concentrated animal feeding
Reference Guide for Public Involvement in Environmental Permits
2-21
-------
operations (CAFOs). The majority of other
agricultural facilities, however, are categorized as
non-point sources and are exempt from NPDES
regulation.
Pollutant contributions to waters of the United
States may come from both direct and indirect
sources, as well.
Direct sources discharge wastewater directly into
the receiving water body, whereas indirect
sources discharge wastewater to a POTW,
which in turn discharges into the receiving water
body.
Under the national program, NPDES permits are
issued only to direct point source discharges.
Industrial and commercial indirect discharges are
controlled by the national pretreatment program.
More than 200,000 sources are regulated by
NPDES permits nationwide. Sources that
discharge indirectly into United States waters
(e.g., facilities that discharge wastewater through
a POTW with a NPDES permit) must themselves
be controlled by the POTW.
• • What are the Opportunities
for Public Involvement in the
NPDES Permitting Process?
T
he NPDES permitting program has
several opportunities for public
involvement, which include:
Public notice;
Mailing lists;
Notices of decision;
Fact sheets or statements of basis;
Response to comments;
Public comment periods;
Contact persons; and
Public hearings.
See 40 CFR 124 for specific regulatory
language defining the public participation
requirements for the NPDES permit program.
• • When in the Permitting
Process do These
Opportunities Usually Occur?
While public notice requirements may
differ in each state, public notice and
opportunity for comment is generally
required when a permit application has been
denied, a draft permit has been issued, a public
hearing has been scheduled, an appeal granted,
or a NPDES new source determination has
been made. While many activities with respect
to permit modification, revocation, reissuance
and termination will require public notice, it is
not required where such revisions or
modifications are minor or administrative
changes. For EPA-issued permits, public notice
is not given until a draft Environmental Impact
Statement (EIS), if necessary, has been issued.
Notice must be periodically published by the
permitting authority informing the public of the
opportunity to be placed on a mailing list. You
or your permitting agency may remove people
from the mailing list who do not respond to a
request for indication of continued interest.
The permitting agency is required to distribute a
fact sheet to the applicant and any interested
parties who request information for several
classes of permits. If the permit does not
warrant a fact sheet, a statement of basis must
be prepared.
Reference Guide for Public Involvement in Environmental Permits
2-22
-------
Notice of decision must be sent to the permit
applicant and any person who submitted written
comments or requested notification. Notice of
decision must also be published in a newspaper
of general circulation within the affected area.
Once a final permit decision is issued, the
permitting agency must issue a response to
written comments. The response must be
available to the public.
Since public notice requirements do differ
depending on which state the facility is located in,
the local permitting authority should be familiar
with applicable state public participation
requirements.
Section 3 of this Refers nee Guide provides
further description of the requirements and
associated activities.
Figure 4 (next page) provides an overview of the
NPDES Permit Process.
Reference Guide for Public Involvement in Environmental Permits 2-23
-------
Figure 4 - NPDES Permit Process
Facility prepares permit application (§122.21) ||
|| Permitting authority receives and reviews permit application (§124.3)
Permitting authority
establishes mailing list
of interested parties
(§124.10(c))
Draft permit or notice of intent to deny permit (§124.6(a)) ||
Fact sheet or statement
of basis sent to persons
identified on
the mailing list
(§124.7, §124.8)
Public comment period (§124.10)
1
r
Public notice of draft
permit (§124.10(a)),
allowing at least 30
days for public
comment
(§124.10(b))
Public hearing (if
requested in writing
during public
comment period and where the director
finds a significant degree of public interest
or that a hearing would clarify
(§124.11))
(§124.12)
Public notice of
public hearing 30
days before hearing
(§124.10(b)(2))
Final permit decision (§124.15)
Permitting authority
issues written
response to comments
on draft permit
(§124.17)
Permitting authority
issues a notice
of decision to all
commenters
(§124.15)
Reference Guide for Public Involvement in Environmental Permits
2-24
-------
Resource Conservation and
Recovery Act (RCRA)
Public participation requirements under
RCRA are found at: 40 CFR Part 25 Sec.
25.3 through 25.13; 40 CFR Part 124 Sec.
124.8,10-14, 124.17, 124.19, 124.31,
124.32, and 124.33 Federal requirements
for public participation are in Parts 2 70
270.30(m), 270.62(b)(6) and270.66(d)(3).
Part 271 contains requirements for state
authority (eg.. 271.14, 271.17, and271.20)
The Resource Conservation and
Recovery Act (RCRA) was enacted to
ensure safe disposal of the huge volumes
of solid waste generated nationwide. The
broad goals of RCRA are to protect human
health and the environment, to conserve energy
and natural resources and to reduce or
eliminate the amount of waste generated,
including hazardous waste. Subtitle C of
RCRA, which establishes a "cradle to grave"
system for controlling hazardous waste,
requires Operating Permits for Treatment,
Storage and Disposal Facilities (TSDFs)
Several categories of permits are issued and
regulatory standards for each category define
operating requirements and various provisions
specific to the permitting need. Categories
include: operating permits, research,
development, and demonstration permits; post-
closure permits; emergency permits; permit-by-
rule permits; combustion permits, land
treatment demonstration permits, and remedial
action plans.
Permits are required for most handlers of
hazardous waste with few exceptions, such as
small quantity generators who store waste on
site for less than 180 days.
• • What Is The Purpose of
RCRA's TSDF Permit
Program?
TSDFs are required to obtain
permission, in the form of a permit, that
establishes the administrative and
technical conditions under which waste at the
facility must be managed. Permits provide
TSDF owners and operators with the legal
authority to treat, store, or dispose of
hazardous waste and detail how the facility
must comply with the RCRA regulations.
Compliance with the permit ensures that
hazardous waste is handled in a controlled
manner that is protective of human health and
the environment. Permits also serve as an
implementation mechanism, and as a means by
which EPA can track waste management at
facilities that choose to handle hazardous waste.
• • What Are the Key
Components of RCRA's
TSDF Permit Program?
TSDF owners and operators must submit
a comprehensive permit application that
covers the full range of TSDF standards,
including general facility provisions, unit-specific
requirements, closure and financial assurance
standards, and any applicable ground water
monitoring and air emissions provisions.
Reference Guide for Public Involvement in Environmental Permits
2-25
-------
The permit application must demonstrate that
the methods of handling the waste are consistent
with the level of protection of human health and
the environment required by RCRA.
The permit application procedures under
RCRA include an informal public meeting prior
to application submission, a public notice when
the application is submitted, and issuing a draft
permit, which initiates a 45-day public review
period during which interested parties may
submit comments and/or request a hearing, and
agency response to comments. Once the
application procedures are met, the permitting
agency either issues or denies the permit. The
permit decision may be appealed
administratively, and judicially once the
administrative appeal process is exhausted.
Permits are limited to a maximum term of 10
years, but once issued, permits may be modified
for a number of reasons, such as substantial
alteration or additions to the facility, new
information about the facility becoming
available, or new statutory or regulatory
requirements that affect the facility.
Permit modifications are categorized as:
Class 1: routine changes and correction
of errors;
•• Class 2: common or frequently
occurring changes needed to maintain a
facility's capability to manage wastes
safely or conform to new requirements;
and
•• Class 3: major changes that substantially
alter the facility or its operations.
A full description of the regulatory requirements
for the RCRA permitting program can be found
at 40 CFR 270.
• • What are the Opportunities
for Public Involvement in
RCRA's TSDF Permitting
Process?
Each step in the RCRA permit decision
process is accompanied by public
involvement requirements. Public
participation activities include:
Public notice;
•• Public meetings;
•• Public comment periods;
Contact persons;
Information repositories;
•• Mailing lists;
•• Notices of decision;
Fact sheets or statements of basis;
Response to comments; and
•• Public hearings.
• • When in the Permitting
Process do These
Opportunities Usually
Occur?
The public involvement provisions under
RCRA's 1995 expanded public
participation rule require prospective
TSDF permit applicants to hold an informal
public meeting before submitting their permit
application. The permit applicant must provide
notice of the pre-application meeting to the
public in a manner that is likely to reach all
members of the affected community.
Reference Guide for Public Involvement in Environmental Permits
2-26
-------
Pre-application meeting requirements are
defined in 40 CFR 124.31.
The 1995 RCRA expanded public participation
rule imposed additional requirements throughout
the permitting process, and the life of the permit,
to promote EPA objectives for "early and
often" public involvement. These additional
requirements include: issuing a public notice
when an application is received by the
regulatory agency (Sec. 124.32); providing
discretion to the director of a permitting agency
to require a facility to set up and maintain an
information repository, either during the
permitting process (Sec. 124.33), or during the
life of the permit (Sec. 270.30(m)), and
requiring the director to provide public notice of
upcoming trial bums at combustion facilities
(Sec. 270.62 and 270.66).
Once an application is complete the permitting
agency will issue a draft permit, or notice of
intent to deny. In either case, a public comment
period is opened and notice is given. The
permitting agency also prepares a fact sheet or
statement of basis regarding its decision. At this
time the public may request, in writing, a formal
hearing. The permitting agency must then
respond to all significant comments and hold a
public hearing if requested.
Once the application procedures are met and
the public comment period closes, the
permitting agency either issues or denies the
permit. Notice of the decision must be sent to
the facility and any person who submitted
comments or requested notice.
Any person who filed comments on the draft
permit or participated in the public hearing may
file an administrative appeal. The permitting
agency's notice of the permit decision should
identify the relevant procedures for filing an
administrative appeal. Interested parties who
did not comment or participate in the public
hearing may also petition for administrative
review, but that review extends only to the
changes between the draft permit and final
permit. The administrative appeal process
must be exhausted before judicial review can
be sought.
In addition, when a permit is modified, public
involvement requirements are again triggered.
These responsibilities and activities vary
depending on who initiated the modification,
but in general only the permit conditions subject
to modification are reopened for public
comment.
Section 3 of $c&$ Reference Guide provides
further description of the requirements and
associated activities.
Figure 5 (see next page) provides and
overview of the RCRA Operating Permit
Process.
Reference Guide for Public Involvement in Environmental Permits
2-27
-------
Figure 5 - RCRA Operating Permit Process
Facility prepares RCRA permit application (§270.10, §270.13)
V
Facility provides public
notice of pre -application
meeting at least 30 days
prior to the meeting
(§124.31(d))
^
W
Facility holds public
meetings
(§ 124.3 l(b))
JJ.
^
W
Facility provides record
of meeting to permitting
authority
(§124.31(c))
Permitting authority receives and reviews permit application (§124.3)
Permitting authority
establishes mailing list
of interested parties
(§124.10(0))
-
Permitting authority provides
public notice of application
submittal and tells people
where the application is
available for review
(§124.32)
*•
Facility establishes and
maintains information
repository (if directed
by permitting authority)
(§124.33(b))
Facility notifies mailing
list that repository is
established
(§124.33(e»
Draft permit or notice of intent to deny permit (§124.6(a))
Fact sheet or statement
of basis sent to members
of the mailing list
(§124.7, §124.8)
-D.
Facility establishes and
maintains information
repository (if directed
by permitting authority)
(§124.33(b))
Public comment period (§124.10)
v
Public notice of draft
permit (§124.10(a)),
allowing at least 45
days for public comment
(§124.10(b))
Public hearing (if requested
in writing during public
comment period (§124. 1 1))
(§124.12)
Public notice of public
hearing 30 days before
hearing
(§124.10(b)(2))
Final permit decision (§124.15)
Facility establishes and
maintains information
repository (if directed
by permitting authority)
(§124.33(b))
Permitting authority
issues written response
to comments on draft
permit
(§124.17)
^
Permitting authority
issues a notice of
decision to all
commenters
(§124.15)
Facility establishes and
maintains information
repository (if directed
by permitting authority)
(§270.30(m))
"
Permitting authority notifies
the public prior to a trial (or
test) burn at a combustion
facility
(§270.62(b)(6))
Reference Guide for Public Involvement in Environmental Permits
2-28
-------
Section 3 - Required Public
Involvement Activities in
Environmental Permits
The public involvement activities
summarized in this section include required
activities under regulation, as well as
suggestions and best practices outlined in policy
and guidance. The activities are divided into two
categories: a) disseminating information and b)
gathering and exchanging information.
Activities summarized under the disseminating
information category are used by permitting
authorities and owners or operators of facilities
seeking permits to distribute information about the
facility, permit, permit status, or other aspect of
the permit process to members of the community.
Activities summarized under the gathering and
exchanging information category are typically
used by permitting authorities as a way both to
solicit the views and opinions of members of the
community and to provide forums for discussions
between members of the community and the
permitting agency and facility about issues related
to the permit application, the draft permit, and
other aspects of the permit issuance process.
Additionally, there can be public participation in
enforcement actions. Administrative assessments
and civil penalties taken under RCRA, CWA,
CAA, and SDWA include & Federal Register
notice and comment period. Details on the public
involvement role in the judicial area can be found
at 28 CFR section 50.7.
Furthermore, some environmental statutes, such
as CAA and CWA, have specific provisions
that provide for public involvement in certain
enforcement
actions.
Additional tools and suggested activities that you
can use to augment the required processes are
discussed in Section 4.
What are the Required Public
Involvement Activities for
Disseminating Information?
The following are required activities for
disseminating information to the public:
1. Public notice;
2. Mailing lists;
3. Fact sheets/statement of basis; and
4. Response to comments.
What are the Required Public
Involvement Activities for
Gathering and Exchanging
Information?
The following are required activities for gathering
and exchanging information:
1. Public comment periods;
2. Contact persons; and
3. Public hearings.
Reference Guide for Public Involvement in Environmental Permits
3-1
-------
Required Public Involvement
Activities for Disseminating
Information
1. Public Notices
Public notices are required at various points
in the public involvement process for
certain activities, conducted by the
regulating agency and by facilities being regulated.
Most notices contain essentially the same
information, but differ in how and under what
circumstances they are distributed.
• • What are the Regulatory
Requirements for Public
Notices?
Below is a summary of public notice regulatory
requirements for various permitting programs.
Clean Air Act (CAA) New Source Review
(NSIO
Under NSR permitting requirements, a permitting
official is required to give notice to the public of
the opportunity to review a draft permit. The
notice should provide information on the
opportunities for public review and comment, and
the opportunity for a public hearing. Public
notices can be for the issuance or denial of more
than one draft permit. No public notice is
required when amendment, revision, revocation,
reissuance, or termination has been denied. State
and local programs usually publish such notice in
a newspaper of general circulation.
CAA Title V Operating Permits
Public notices are required for permit issuance,
renewal, reopenings, and all significant
modifications of the permit. Notices must be
published in a newspaper of general circulation
in the area where the source is located or in a
state publication designed to give general public
notice. There is also an opportunity for citizen
petition to the EPA Administrator.
Safe Drinking Water Act (SDWA^ Underground
Injection Control (TJIO
Public notice is required under four
circumstances: (1) a permit application has been
denied, (2) a draft permit has been prepared, (3)
a hearing has been scheduled, and (4) an appeal
has been granted. Public notice is not required
when a request for permit modification,
revocation, reissuance, or termination is denied.
In addition to the general public notice, copies of
fact sheets, the statement of basis (for EPA-
issued permits), and the permit application (or
draft) should be distributed to members of the
mailing list.
State/Tribal Assumed Clean Water Act (CWA)
Section 404 Permit Program
Public notice is required under five
circumstances: (1) receipt of a permit
application; (2) preparation of a draft general
permit; (3) consideration of a major modification
to an issued permit; (4) scheduling of a public
hearing; or (5) issuance of an emergency permit.
Reference Guide for Public Involvement in Environmental Permits
3-2
-------
CWA National Pollutant Discharge Elimination
System (KPDES^ Permits
Public notice is required under five circumstances:
(1) the permitting agency receives a permit
application from a perspective facility; (2) a
permit application has been denied; (3) a draft
permit has been prepared; (4) a hearing has been
scheduled; (5) an appeal has been granted; or (6)
an NPDES new source determination has been
made. Public notice is not required when a
request for permit modification, revocation,
reissuance, or termination is denied. For EPA-
issued permits involving new sources, public
notice of a draft permit should not be given until a
draft Environmental Impact Statement (EIS), if
necessary, has been issued.
Since requirements in each state may differ, the
permitting authority in the state where the facility
is located should be consulted on their public
notice requirements.
Resource Conservation and Recovery Act
(RCRA) Hazardous Waste Facility Permits
Public notice is required under several situations:
(1) the permitting agency issues a draft permit,
grants an appeal, or holds a public hearing; (2) a
prospective permit applicant plans a pre-
application meeting; (3) a facility owner/operator
proposes permit modifications (level of effort
varies depending on class of modification); (4)
the permitting agency initiates a permit
modification; (5) the permitting agency requires a
facility to establish an information repository; or
(6) a facility conducts a trial burn or undergoes
closure or post-closure.
• • What Information Should
Typically Appear in a Public
Notice?
Public notices provide an official announcement
of proposed agency decisions or facility
activities. Notices often provide the public with
the opportunity to comment on a proposed
action. Public notices usually contain the same
types of information. However, it is always wise
to consult the requirements of a specific
permitting program if any doubt exists over
whether additional information should be
included. Listed below are several items that
typically appear in a public notice:
• Name and address of the facility and the
facility owner/operator;
A brief description of the processes
conducted at the facility;
Name, address, and toll free telephone
number of an individual at the permitting
authority who can be contacted for
further information on the facility;
• An overview of the public involvement
process, including the comment
procedures, and the date, time, and
place of any hearing (Section 4 contains
a model process that could be shared at
this early stage);
The opening and closing dates for
comment periods;
• Description and contact information for
all sources of state or EPA technial or
legal assistance available to the public;
Reference Guide for Public Involvement in Environmental Permits
3-3
-------
The location of the administrative record
and the times when it is open for public
inspection;
Any supporting information that will be
considered when making a permit
decision; and
Relevant web site addresses for the
facility, regulating authority (specific
permitting division or other branch), and
EPA.
Organizations should attempt to make sure that
the date and time do not conflict with other public
meetings, religious or nonreligious holidays, or
other important community events.
Organizations should provide ample notice of the
permitting activity. Most programs require 30
days notice be given for public hearings and
public comment periods. For instance, the
RCRA permitting requirements specify that at
least 45 days must be allowed for public
comment. Public notice of a public hearing must
be given at least 30 days prior to the hearing.
• • How Should Public Notices be
Distributed?
Most notices contain essentially the same types of
information. They differ in how the permitting
agency and facility distribute them. Certain
permitting programs require notices to be
distributed to members of a mailing list, some
require legal advertisements in the newspaper,
and others require signs or radio advertisements.
While some organizations will only conduct
required activities, EPA encourages facilities and
permitting agencies to make a good faith effort to
reach all segments of the affected community with
these notices.
Organizations often attempt to identify the
information pathways that will be most effective
in a particular community. Public interest
groups, the facility, and the permitting agency
frequently seek community input on this topic
because the citizens of that community are the
most qualified people to explain what methods
will work best.
Organizations may conduct community
interviews to leam more about how citizens
communicate.
The list below identifies some of the most
common ways public notice is conducted.
Interested parties can generally find information
regarding permitting activities in the following
places:
Newspaper Advertisements
Traditionally, public notices appear as
legal advertisements in the classified
section of a newspaper. In addition,
public notices may be placed in display
advertisements (located with other
commercial
advertisements).
Newspaper
Inserts.* Inserts stand out from other
newspaper advertisements; they often
come as a "loose" section of the
newspaper (a format often used for
glossy advertisements or other
solicitations).
Free Publications and Existing
Newsletters.* Public notices in
newsletters or bulletins sent by local
Reference Guide for Public Involvement in Environmental Permits
3-4
-------
government agencies to their entire
constituency. In addition, planning
commissions, zoning boards, or utilities
often distribute regular newsletters; they
may include information about permitting
activities. Newsletters distributed by
civic, trade, agricultural, religious, or
community organizations are also used to
disseminate information.
Some organizations may rely on a free local flyer,
magazine, or independent or commercial
newspaper to share information.
• Public Service Announcements.
Radio and television stations often
broadcast announcements on behalf of
charities, government agencies, and
community groups. In
particular, they are
likely to run
announcements of
public meetings,
events, or other
opportunities for the
public to participate.
One drawback with public service
announcements is that they may be aired
at odd hours when the audience is
relatively small.
• Broadcast Announcements and
Advertisements. * A number of RCRA
notices must be broadcast over radio or
another medium. Notice is sometimes
provided via a paid TV advertisement or
over a local cable TV station. Some
local access cable TV stations run a text-
based community bulletin board.
Signs and Bulletin Boards * Some
notice requirements include posting of a
visible and
accessible sign.
Signs are frequently
posted at an existing
or planned facility.
If few people are
likely to pass by the site, a sign may be
posted at the nearest major intersection.
Other areas where signs may be found include
community bulletin boards in community centers,
town halls, grocery stores, or on heavily traveled
streets.
• Telephone Networks or Phone
Trees.* This method
provides an
inexpensive, yet
personal, manner of
spreading information.
The lead agency, facility, or organization
calls the first list of people, who, in turn,
are responsible for calling an additional
number of interested people. As an
alternative to calling the first tier, the lead
agency, facility, or organization might
distribute a short written notice.
* These are more elaborate forms of
public notice, perhaps where a state
has requirements to go further than
the minimum federal requirements.
2. Mailing Lists
I
n general, requirements for mailing lists under
different permitting programs are very
similar. Variation occurs in whether the list
Reference Guide for Public Involvement in Environmental Permits
3-5
-------
must contain only those who express an interest
in being on the mailing list, or
include all parties who may be
affected by an agency activity.
Some programs require
specific agencies or
organizations be contacted for
public notices.
• • What are the Regulatory
Requirements for Mailing
Lists?
Below is a summary of mailing list regulatory
requirements for various programs.
CAA Title V Operating Permits
The permitting agency must develop and maintain
a list of individuals or organizations that have an
interest in any activity covered by the agency.
The list should include both those who have
expressed an interest in, and those that may be
affected by, the activity.
SDWAUIC
Notice informing the public of the opportunity to
be put on the mailing list must be published
periodically in the public press and in such
publications as regional- and state-funded
newsletters, environmental bulletins, or state law
journals. The director of a permitting agency may
remove people from the mailing list who do not
respond to a request for a written indication of
continued interest.
State/Tribal Assumed CWA Section 404 Permit
Program
A copy of the public notice is mailed to the
following: (1) the applicant, (2) any agency with
jurisdiction over the activity or disposal site, (3)
adjoining property owners, (4) all persons who
have specifically requested copies of public
notices, and (5) any state whose waters may be
affected by the activity.
The state director may update the mailing list
from time to time by requesting written indication
of continued interest from those listed. The
director may delete from the list the name of any
person who fails to respond to such a request.
CWA NPDES Permits
A notice informing the public of the opportunity
to be put on the mailing list must periodically be
published in the public press and in such
publications as Regional- and state-funded
newsletters, environmental bulletins, or state law
journals.
The director of a permitting agency may remove
people from the mailing list who do not respond
to a request for a written indication of continued
interest.
RCRA Hazardous Waste Facility Permits
The permitting agency must establish and
maintain the facility mailing list. The agency must
develop the list by: (1) including people who
request in writing to be on the list, (2) soliciting
persons for "area lists" from participants in past
permit proceedings in that area, and (3) notifying
the public of the opportunity to be put on the
mailing list through periodic publication in the
public press and in such publications as
Reference Guide for Public Involvement in Environmental Permits
3-6
-------
Regional- and state-funded newsletters,
environmental bulletins, or state law journals.
• • Why are Mailing Lists
Created?
You, as well as facilities and other organizations
involved in the permitting process, use mailing
lists to inform all interested parties of
developments as they occur during the permitting
process.
Mailing lists are therefore an important means of
communication, and are the principle method by
which many of the parties involved in public
participation activities obtain their information.
Mailing lists are used to reach both broad and
targeted audiences. The better the mailing list,
the better the public outreach and delivery of
information.
Mailing lists typically include concerned residents;
elected officials; appropriate federal, state, and
local government contacts; local media; organized
environmental groups; civic, religious, and
community organizations; facility employees; and
local businesses.
• • Who Should be Included on a
Mailing List?
There are a number of ways for interested
persons to be included on a mailing list. Include a
contact for further information on the public
notice of permitting activities so individuals can
call this person and ask to be placed on the
mailing list. In addition, you, or your agency,
should work to solicit names, addresses, and
phone numbers of individuals to be included on
the list. In general, try to include the following
individuals:
People who put their names and
addresses on the sign-in sheet at the
preapplication meeting, if applicable;
People interviewed during community
interviews, 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, professional or trade
associations, environmental and
community organizations, environmental
justice (EJ) networks, health
organizations, religious groups, civic and
educational organizations, state
organizations, universities, local
development and planning boards,
emergency planning committees and
response personnel, facility employees);
Any individual who attends a public
meeting, workshop, or informal meeting
related to the facility, or who contacts
the agency regarding the facility;
Media representatives;
City and county officials;
State and federal agencies with
jurisdiction over wildlife resources;
Key agency officials;
Tribes (if appropriate);
Reference Guide for Public Involvement in Environmental Permits
3-7
-------
EJ Communities; and
• The facility owner/operator.
You or your agency should frequently send a
letter or fact sheet to the preliminary mailing list
developed. This letter or fact sheet informs
potentially interested parties of activities and the
status of upcoming permit applications or
corrective actions. It may also ask whether an
individual or organization wishes to receive
further information about permitting activities at a
particular facility.
Some permitting programs allow the director of
an agency to remove from the mailing list any
individual or organization who does not respond.
This also serves as an opportunity for interested
parties to provide the permitting agency with
accurate addresses and phone numbers for
themselves and others who might be interested in
the activity.
In general, mailing lists should be updated at least
annually to ensure they contain correct contact
information. You can update mailing lists by
telephoning each individual on the list, or use local
telephone and city directories as references. In
addition, you can update your official mailing list
from time to time by requesting written indication
of continued interest from those listed.
3. Notices of Decision
equirements for notices of decision during
the public participation process are
enerally very similar. This type of public
notice serves as a record of an agency's final
decision regarding permit issuance, denial, or
modification.
• • What are the Regulatory
Requirements for Notices of
Decision?
Below is a summary of notice of decision
regulatory requirements for various programs.
CAANSR
A written notice of final determination must be
given to the permit applicant, and made available
for public inspection at the same location where
the reviewing authority made available
preconstruction information and public
comments relating to the source (see 40 CFR
CAA Title V Operating Permits
The permitting agency is not required by federal
law to give final permit notice of decision to
members of the public. However, state law may
contain a notice requirement.
SDWAUIC
After the close of a public comment period,
notice of decision must be sent to the permit
applicant as well as any person who requested
notification. The notice is required to contain
instructions for appealing the agency decision.
State/Tribal Assumed CWA Section 404 Permit
Program
The state program director shall prepare a
written determination on each application
outlining the decision and rationale for decision.
Reference Guide for Public Involvement in Environmental Permits
3-8
-------
The determination shall be dated, signed, and
included in the official record prior to final action
on the permit. The official record shall be open
to the public.
CWANPDES Permits
Notice of decision must be sent to the permit
applicant and any person who submitted written
comments or requested notification. Notice of
decision must also be published in a newspaper
of general circulation within the affected area.
The notice must include instructions for contesting
the agency decision. Most NPDES permits have
either a fact sheet or statement of basis that
explains how the permit limits were derived.
RCRA Hazardous Waste Facility Permits
The permitting agency must send notices of
decision to the permit applicant as well as any
persons who submitted written comments or
requested notice of the final permit decision. The
notice of decision shall include instructions for
appealing the agency decision.
• • What Information is Included
in a Notice of Decision?
A notice of decision presents the agency's
decision regarding permit issuance, denial, or
modification of the permit to incorporate changes
such as the corrective action remedy. Notices of
decision should provide a clear, concise public
record of a permitting agency's decision
regarding whether to grant or modify a permit.
The notice of decision should also include
procedures for appealing a decision.
In addition to the permit decision, agencies
should draft a response to comment document
that identifies any changes in the final permit from
the draft permit. Time frames vary for the final
permit decision. For instance, the agency's
decision may be affected by the quantity and
substance of comments received during the
public comment period.
• • How can Interested Parties
Receive a Notice of Decision?
In addition to the permit applicant, a copy of the
notice of decision should be sent to anyone who
submitted written comments, requested
notification of the decision, or is on the agency
mailing list. Notices of decision are public
records and should be made available at local
document repositories.
4. Fact Sheets/Statements of
Basis
Fact sheets and statements of basis are
produced throughout the permitting
process and inform the public about the
regulatory process as well as technical issues
surrounding a draft permit. They are helpful in
establishing a general community understanding
about a project.
• • What are the Regulatory
Requirements for Fact
Sheets/Statements of Basis?
Fact sheet/statement of basis regulatory
requirements for various programs are:
CAANSR
The permitting agency is required to produce a
statement of basis for all NSR/PSD draft
Reference Guide for Public Involvement in Environmental Permits
3-9
-------
permits.
sewage sludge use or disposal.
In addition to describing the principal facts and
considerations, the fact sheet must explain the
allowable increase of ambient concentrations of a
pollutant, without exceeding the National
Ambient Air Quality Standards (NAAQS),
expected to result from the operation of the
activity.
CAA Title V Operating Permits
Once the draft permit is complete, a statement of
basis describing the legal and factual justification
for the permit must be made publicly available.
SDWAUIC
Fact sheets are required for:
major facilities;
permits incorporating a variance;
• permits incorporating sewage sludge
land application plans;
NPDES general permits; and
permits subject to widespread public
interest or ones raising major issues.
Permit writers must prepare a statement of basis
for all permits that do not merit the detail of a
fact sheet.
RCRA Hazardous Waste Facility Permits
A fact sheet describing the conditions and basis
for the draft permit must be sent to the permit
applicant and any interested persons.
State/Tribal Assumed CWA Section 404 Permit
Program
There is no federal requirement for a fact sheet in
state-assumed programs, although the state may
require one.
CWA NPDES Permits
The permitting agency is required to distribute a
fact sheet to the applicant as well as any person
who requests a copy.
In addition to describing the facts and
considerations surrounding the basis for the
application, fact sheets for NPDES permits also
must include any calculations or explanations
relevant to the source of specific effluent
limitations, as well as conditions or standards for
The permitting agency is required to develop a
fact sheet, or statement of basis when a fact
sheet is not prepared, for every draft permit for
major hazardous waste facilities or facilities
raising significant public interest.
While fact sheets/statement of basis are required
for draft permits, they can also be very helpful at
other times throughout the permitting process by
providing a summary of the status of a draft
permit application. The fact sheet/statement of
basis must be sent to the permit applicant as well
as any other persons who request it. (see 40
CFR part 124.8 for more detailed information
what should be included in a fact sheet or
statement of basis.)
• • What Information Should be
Included in a Required Fact
Sheet or Statement of Basis?
Fact sheets (generally 1 or 2 pages front and
back), and statements of basis summarize the
Reference Guide for Public Involvement in Environmental Permits
3-10
-------
current status of a permit application. This kind
of fact sheet (or statement of basis) is probably
different than the commonly used informational
fact sheets that most people recognize. Fact
sheets/statements of basis must explain the
principal facts and the significant factual, legal,
methodological, and policy questions considered
in preparing the draft permit.
Permitting agencies should publish fact sheets and
statements of basis frequently throughout the
permitting process to summarize the status of a
draft permit or permit application. Fact sheets
are useful for informing all interested parties about
the basis for the permitting agency's decision
regarding a facility's permit activities. They
ensure that information is distributed in a
consistent fashion and that citizens understand the
issues associated with permitting programs.
Fact sheets should contain the following
information:
• A brief description of the type of facility
or activity that is the subject of the draft
permit;
• The type and quantity of wastes or
activities covered by the permit;
• A brief summary of the basis for the draft
permit conditions and the reasons why
any variances or alternatives to the
proposed standards do or do not appear
justified;
A description of the agency procedures
for reaching a final decision;
• The beginning and ending dates of the
public comment period and the address
where individuals can send comments;
Procedures for requesting a public
hearing; and
Name and telephone number of an
agency contact for additional
information.
Statements of basis are generally shorter than
fact sheets and summarize the basis for a
permitting agency's decision. Statements of
basis are prepared the same way as fact sheets.
Both fact sheets and statements of basis should
be presented in a simple, easy-to-follow format.
Permitting agencies should avoid using
bureaucratic jargon and technical language. This
is particularly important in certain environmental
justice communities where English is not the
primary language.
While fact sheets and statements of basis are
required for draft permits, they can also be found
or used during other stages of the permitting
process such as:
• during technical review of the permit
application;
at the beginning of a facility investigation;
• when findings of a facility investigation
are available;
• before a meeting or hearing to provide
background information;
at the completion of the corrective
action; and
• when the Notice of Decision is released.
Reference Guide for Public Involvement in Environmental Permits
3-11
-------
• • Where can Interested Parties
Receive Fact Sheets and
Statement of Basis?
Individuals on the facility mailing list should be
sent fact sheets and statements of basis by mail.
Extra copies should be made available at the
information repository or at public meetings and
hearings. Fact sheets and statements of basis
should contain the name and telephone number of
a person to contact for additional information,
comments, or questions.
5. Response to Comments
esponse to comment documents should
identify and describe public involvement
tivities and summarize the public's
significant comments. In addition, the document
should provide specific responses to the
comments, in terms of modifications to the permit,
or explain why comments were not incorporated
into the permit. Again, the language, terms, and
tone of the response are important considerations
based on who is submitting comments (e.g.,
bureaucratic and technical language should be
avoided in most cases).
• • What are the Regulatory
Requirements for Response to
Comment Documents?
Regulatory requirements for response to
comment documents are:
CAANSR
The permitting authority must consider all
comments in making a final decision on
approvability of an application. All comments are
to be made available for public inspection.
CAA Title V Permits
The permitting agency must keep a record of
public comments and issues raised during the
public involvement process. These records help
the EPA Administrator determine whether a
citizen petition to object to a permit should be
granted. Records must also be available to the
public.
SDWAUIC
When a final permit decision is issued, the
permitting agency must issue a response to
comments. The response must be available to
the public.
State/Tribal Assumed CWA Section 404 Permit
Program
The State Program Director shall consider all
comments received in response to a public
notice or public hearing.
All comments, as well as the record of a public
hearing, shall be made a part of the official
record of the application.
CWA NPDES Permits
When a final permit decision is issued, the
permitting agency must issue a response to
written comments. The response must be
available to the public.
RCRA Hazardous Waste Facility Permits
RCRA requires the permitting agency to prepare
a response to comments when it issues a final
Reference Guide for Public Involvement in Environmental Permits
3-12
-------
permit decision. The agency must also issue a
response to all significant comments when making
final decisions on requested Class 2 and Class 3
permit modifications and agency-initiated
modifications.
• • What Information is Provided
in a Response to Comments
Document?
A response to comments provides a clear record
of community concerns. It provides the public
with evidence that their input was considered in
the decision process.
The summary also is an aid in evaluating past
public involvement efforts and planning for
subsequent activities. A response to comments
identifies all provisions of the draft permit or
modification that were changed as a result of
public comments and the reasons for those
changes. It should also briefly describe and
respond to all significant comments received
during the comment period.
The response to comments should be written in a
clear and understandable style so that it is easy
for the community to understand the reasons for
the final decision and how public comments were
considered.
• • How are Response to
Comment Documents
Organized?
The response to comments should state clearly
any points of conflict or ambiguity. While their
forms differ, all response to comment documents
should include the following:
Overview
• Describe of the number of meetings,
mailings, public notices, and hearings at
which the public was informed or
consulted about the permitting activity;
• Describe the extent to which citizens'
views were taken into account in
decision-making;
• List a summary of commenters' major
issues and concerns; and
• Identify the specific changes, if any, in
the permit design or scope that occurred
as a result of citizen input.
Detailed Response
Answer specific legal and technical
questions.
Comments may be difficult to respond to at
times, such as when the public raises new issues,
questions, or technical evidence during the public
comment period. The permitting agency may
have to develop new materials to respond to
these questions.
• • How can Interested Parties
Obtain a Response to
Comment Document?
Response to comment documents can take
several forms. Some agencies will prepare
formal "Responsiveness Summaries." At other
times, such as publication of a final rule,
responses appear in a. Federal Register notice.
Reference Guide for Public Involvement in Environmental Permits
3-13
-------
Response to comments documents should be sent
to the facility owner/operator and to each person
who submitted written comments or requested
notice of the final permit decision.
6. Information Repositories
An information repository is a collection of
documents related to a permitting
activity. A repository provides local
officials, citizens, and the media with easy access
to accurate, detailed, and current data about the
permitting activity.
• • What are the Regulatory
Requirements for Information
Repositories?
RCRA Hazardous Waste Facility Permits
Permitting agencies are authorized to require a
facility to establish an information repository
during the permitting process or during the active
life of the facility.
• • Are Information Repositories
Required for Every Permitting
Activity?
Information repositories are not mandatory
activities in every situation. As mentioned above,
RCRA regulations give the permitting agency the
authority to require a facility to set up and
maintain an information repository.
The agency does not
have to require a
repository for every
permitting activity.
Alternatively, a
facility or an environmental group may voluntarily
set up a repository to make it easier for people
in the community to access information.
The information that actually goes in the
repository can differ from case to case,
depending on why the repository was
established. The agency should suggest which
documents and other information must be
included in the repository, depending on the
specifics of the permitting activity. For instance,
multilingual fact sheets and other documents
should be provided where there are many non-
English speakers in the affected community.
Similarly, if the community needs assistance in
understanding a very technical permitting
situation, then the agency and the facility should
provide fact sheets and other forms of
information that are more accessible to the
nontechnical reader.
Several factors affect the establishment of an
information repository, including: the level of
public interest, the type of facility, the presence
of an existing repository, and the proximity to the
nearest copy of the administrative record.
Any of these other factors may indicate that the
community already has adequate access to
information. Repositories are resource-intensive,
and permitting agencies will require them to be
established only in cases where the community
has a significant need for additional access to
information.
The permitting agency will try to gauge the
public's interest in the permitting activity before
making final decisions about an information
repository.
Reference Guide for Public Involvement in Environmental Permits
3-14
-------
For instance, the permitting agency will consider
turnout at public meetings and responses during
community interviews. Other factors include level
of media attention, level of community
involvement and/or controversy in previous
facility and local environmental matters, and
whether an existing repository can be augmented
with materials to meet the information needs of
the current permitting activity.
• • Where are Information
Repositories Generally
Located?
The information repository should be convenient
and accessible for people in the community.
Community residents should suggest locations to
the facility. Typical locations include local public
libraries, town halls, or public health offices.
A facility may choose to set up the repository at
its own offices. Before doing so, the facility
owner or operator should discuss his or her intent
with community representatives and/or the
agency. Members of the community should be
made comfortable about coming onto facility
property. If members of the community feel
uncomfortable at the facility, then the repository
should be located in a suitable off-site location.
The public's access to the information repository
is extremely important. It should be easily
accessible by public transportation (if most
people in the community rely on public
transportation). The length of the trip should not
be overly burdensome.
The location should have adequate access for
disabled users, and should be open after normal
working hours at least one night a week or on
one weekend day. Repositories should be well
lit and secure.
A facility also should ensure that someone in its
company and someone at the repository location
are identified as the information repository
contacts—to make sure that the information is
kept up to date, orderly, and accessible.
• • What Information Should Be
Included in the Repository?
The permitting agency will decide, on a case-by-
case basis, what documents, reports, data, and
information are necessary to help the repository
fulfill its intended purposes and to ensure that
people in the community are provided with
adequate information. The agency will provide a
list of the materials to the facility. The agency
may also consult the public regarding what
materials would be most useful to members of
the surrounding community.
Such consultation is more important where the
public has expressed significant interest or where
site activities are viewed as, or are expected to
be, controversial.
The following are examples of materials that may
be included in the information repository:
• Background information on the company
or facility;
Fact sheets on the permitting or
corrective action process;
• Summary from the preapplication
meeting (if one was conducted);
• Public involvement plan (if developed);
Reference Guide for Public Involvement in Environmental Permits
3-15
-------
The draft permit;
• Reports prepared as part of the facility
investigations;
Fact sheets prepared on the draft permit
or corrective action plan;
Notice of decision;
• Response to comments;
Copies of relevant guidance and
regulations;
• 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;
Names and phone numbers of a contact
person at the facility and at the permitting
agency who would be available to answer
questions people may have on the
materials in the repository; 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).
Documents should be organized in binders that
are easy to use and convenient. For projects that
involve a large number of documents, separate
file boxes should be provided as a convenience
to the repository host to ensure that the
documents remain organized.
If the permitting activity is controversial or raises
a lot of community interest, several copies of key
documents should be provided so that
community members can check them out for
circulation. The facility shall maintain the
repository by updating it with appropriate
information throughout the specified time
requested by the Director.
• • How is the Public Notified
That an Information
Repository Exists?
Notice of the repository identifying its location
and hours of availability should be sent to
everyone on the facility mailing list. Other
organizations that should be notified include local
government officials, citizen groups, and the local
media.
Articles or notices about the repository
published in newsletters of local community
organizations and church groups are another
means of notifying the public.
Reference Guide for Public Involvement in Environmental Permits
3-16
-------
Required Public Involvement
Activities for Gathering and
Exchanging Information
1. Public Comment Periods
Public comment periods are required after
the issuance of a draft permit application.
They allow citizens to comment on agency
and facility proposals and have their comments
incorporated into the formal public record.
• • What are the Regulatory
Requirements for Public
Comment Periods?
Regulatory requirements for various permitting
programs implemented by EPA are:
CAANSR
Notice of the public comment period must be
sent to the permit applicant, members of the
mailing list, all other agencies required to issue
NSR permits for the same facility or activity, all
affected state and local air pollution control
agencies, and any interested persons.
A minimum of 30 days is provided for submittal
of public comments, beginning from the date of
publication of the public notice (see 40 CFR
CAA Title V Operating Permits
Following the issuance of a draft permit, the
permitting agency is required to give notice of the
public comment period. From the date the notice
is published, citizens have at least 30 days to
submit written comments. During this time, any
interested person may request a public hearing.
SDWAUIC
The public has 30 days from the date of
notification of the public comment period to
submit written comments on a draft permit.
Notification of the public comment period must
be sent to the permit applicant, all other agencies
required to issue UIC permits for the same
facility or activity, federal and state agencies
(including Indian tribes) with jurisdiction over
fish, shellfish, and wildlife resources and over
coastal management plans, state and local oil and
gas regulatory agencies, state agencies regulating
mineral exploration and recovery, members of
the mailing list, and any interested persons.
State/Tribal Assumed CWA Section 404 Permit
Program
The public notice shall provide a reasonable
period of time, normally at least 30 days, within
which interested parties may express their views
concerning the application.
The EPA Regional Administrator may approve a
state program with a shorter public notice period
if he determines sufficient public notice is
provided for. Public notice of a public hearing
shall be given at least 30 days before the hearing.
The public comment period shall automatically
be extended until the close of any public hearing.
CWA NPDES Permits
After the permitting agency gives public notice of
the preparation of a draft permit (including the
intent to deny a permit), the public must have at
least 30 days to comment. Notification of public
Reference Guide for Public Involvement in Environmental Permits
3-17
-------
comment periods must contain a brief description
of the comment process, as well as a contact
name and address where citizens should send
their written comments. The name and address
of the office processing the permit action and of
the permittee, and the facility location are
required. Brief descriptions of the business
conducted at the facility, as well as the comment
procedures, are required.
RCRA Hazardous Waste Facility Permits
The permitting agency is required to send notice
of the public comment period to the permit
applicant, members of the mailing list, and all
other agencies required to issue permits for the
same facility or activity. Citizens have 45 days to
submit to the agency written comments on the
draft permit or intent to deny a permit application.
During this time, any interested person also may
request a public hearing.
After the close of the public comment period, the
permitting agency must send a notice of decision
to the permit applicant and any persons who
submitted written comments or requested notice
of the decision.
• • What is the Purpose of a
Public Comment Period?
A public comment period is a designated time
period in which citizens can formally review and
comment on the agency's or facility's proposed
course of action or decision.
Public comment periods are typically 30 to 45
days long. Public comment periods cannot begin
until notice of the permitting activity is given. If
written comments are submitted during the public
comment period, the permitting agency is
required to discuss them in the response to
comments.
Commenters can request a public hearing during
the public comment period. Public hearings
provide an opportunity to give formal comments
and oral testimony on proposed permitting
activities.
• • How is the Public Notified
about Public Comment
Periods?
Notice of a public comment period should be
announced in a local newspaper of general
circulation and in some cases, when the
permitting activity is, or has the potential to be,
controversial, on local radio stations. The notice
should provide the beginning and ending dates of
the public comment period and specify where
the community members can send their written
comments and/or requests for a public hearing.
As with all public notices, notification for public
comment periods must contain a name and
telephone number of the person to contact for
additional information.
2. Contact Persons/Offices
A contact person assures that a permitting
agency is actively listening to citizens'
concerns and provides the community
with consistent information from a reliable
source.
In general, requirements are very similar for
contact persons/offices under different permitting
programs.
Reference Guide for Public Involvement in Environmental Permits
3-18
-------
• • What are the Regulatory
Requirements for Contact
Persons/Offices?
Below is a summary of contact person/office
regulatory requirements for various programs.
CAANSR
The permitting agency is required to include the
name, address, and telephone number of a
person to contact for additional information on all
public notices, fact sheets, and statements of
basis.
CAA Title V Operating Permits
The permitting agency is required to include the
name, address, and telephone number of a
person to contact for additional information on all
public notices.
SDWAUIC
A contact name, address, and telephone number
must be included on all public notices, fact sheets,
and statements of basis.
State/Tribal Assumed CWA Section 404 Permit
Program
The public notice shall contain the name, address,
and phone number of a person to contact for
further information.
CWA NPDES Permits
The permitting agency is required to include the
name, address, and telephone number of a
person to contact for additional information on all
public notices, fact sheets, and statements of
basis.
RCRA Hazardous Waste Facility Permits
The permitting agency is required to include the
name, address, and telephone number of a
person to contact for additional information on
all public notices, fact sheets, and statements of
basis.
• • What is the Role of a
Designated Contact Person?
Agencies should designate a staff member who
will be responsible for responding to questions
and inquiries from the public and the media. A
contact person should be able to respond to any
questions or concerns interested persons may
have about the permitting process. The same
person should remain the contact throughout the
permitting process. If, however, the contact
person changes, the agency should notify citizens
and agencies as soon as possible.
The agency contact should also maintain a log
book of all citizen requests and comments
received during the process.
This ensures that all requests are handled in a
timely and efficient manner.
• • How can Interested Parties
Locate the Contact Person?
Organizations, such as community, local
government, and citizen/environmental groups,
should be encouraged to distribute lists of
contact persons who are responsible for
answering questions in certain topic areas.
Announcement of the contact person should be
distributed to all local newspapers, radio
Reference Guide for Public Involvement in Environmental Permits
3-19
-------
stations, and television stations. The contact
person's telephone number and mailing address
should be included in all news releases, fact
sheets, and mailings.
Permitting agencies should distribute self-mailers,
which can be a separate flyer or a designated
cutaway section of the fact sheet that is
addressed to the contact person. This is a
convenient way for interested parties to submit
comments or request additional information at
any point during the permitting process.
3. Public Meetings
A public meeting provides a forum where
interested persons can ask questions and
discuss issues outside of the formality of
a public hearing.
Public meetings
are flexible tools
that are open to
everyone.
Regulatory
requirements for public meetings vary across
different permitting programs.
• • What are the Regulatory
Requirements for Public
Meetings?
To provide an example, below is a summary of
public meeting regulatory requirements for the
RCRA hazardous waste facility permits:
RCRA Hazardous Waste Facility Permits
The permit applicant is required to conduct a
preapplication meeting prior to submitting a
permit application. This type of public meeting
must be announced at least 30 days prior to the
event.
• • What is the Purpose of a
Public Meeting?
Public meetings allow all interested parties to ask
questions and raise issues in an informal setting.
A public meeting can provide a useful means of
two-way communication at any significant stage
during the permitting process.
• • What are the Differences
Between Public Meetings and
Public Hearings?
Public meetings are not public hearings.
Public hearings are required by regulations and
provide a formal opportunity for the public to
present comments and oral testimony on a
proposed agency action. Public meetings, on
the other hand, are less formal, anyone can
attend, there are no formal time limits on
statements, and the facility or the permitting
agency usually answers questions. The purpose
of the meeting is to share information and discuss
issues, not to make decisions.
Due to their openness and flexibility, public
meetings are preferable to hearings as a forum
for discussing issues. Importantly, comments
made during a public meeting do not become
part of the official administrative record as they
do during a hearing.
• • What Factors Should be
Considered When Planning a
Public Meeting?
Public meetings can be arranged by the facility,
the permitting agency or a citizens' or
Reference Guide for Public Involvement in Environmental Permits
3-20
-------
community-based group. Agencies, interested
citizens, or community-based groups should
consider the following when coordinating a public
meeting:
Community objectives, expectations,
and desired results should be
established If a community group
decides to host a meeting, the group
should decide prior to the event what it
wants to accomplish and cover at the
meeting.
A public meeting is an opportunity to
exchange information, not make
decisions. As noted above and in
Section 4, the public should understand
the benefits and limitations of public
meetings at the outset. If a more
structured approach of obtaining
advice/input from the community is
sought, a Community Advisory Group
(CAG) can be organized.
Use a meeting facilitator where
controversy exists. This can be a
member of the community, an agency
official, or a neutral third party. Where
the situation is controversial or a history
of mistrust between the parties exists, it
can be helpful to utilize a person who is
perceived as neutral by all parties.
Schedule a convenient location and
time for the meeting. The location of
the public meeting should have seating,
microphones, lighting, and recorders, as
well as handicapped access. If the
meeting is in conflict with other
community events, you should be
prepared to discuss an alternative time or
location. The group should provide a
translator for community residents who
do not speak English.
• The meeting should be announced 30
days in advance. Citizens planning a
meeting will need to provide notice of
the meeting in local newspapers,
broadcast media, signs, and mailings.
Permitting agencies can assist by
providing a mailing list. The name and
telephone number of a contact person
should appear on all notices and
mailings.
If a portion of the community does not speak
English, meeting coordinators should consider
producing multilingual notices.
• All documents relevant to the
permitting activity should be made
available for review at the
information repository or on-site
office prior to the meeting. If
interested persons have problems
locating a document or do not have
access to either the information
repository or on-site office, the
permitting agency should assist in
providing copies.
• Allow ample opportunity for citizens
to submit written questions and
comments prior to the meeting.
Public notices and mailings will give
citizens the name, address, and
telephone number of the contact person
accepting questions and comments.
Citizens who have specific questions or
concerns for the permitting agency
should send them to the agency contact
Reference Guide for Public Involvement in Environmental Permits
3-21
-------
to ensure that they get answered in a
timely fashion.
• A sign-in sheet should be posted This
allows attendees to voluntarily provide
their names and addresses. The sign-in
sheet can also be used by the permitting
agency to update the mailing list.
Meeting organizers should keep in mind that
some citizens may be reluctant to speak up at a
public meeting. Agency contacts should set up
an information table where people who may feel
uneasy speaking during the meeting can ask
questions and pick up project information.
• • How can Interested Parties
Obtain Information About
Public Meetings?
They can get information from local newspapers,
broadcast media, signs, and mailings at least 30
days prior to the meeting.
The permitting agency may send notice to those
individuals on the agency mailing list.
4. Public Hearings
A public hearing provides a record of
communication so citizens can be sure
that their concerns and ideas reach the
permitting agency.
Public hearings generally should not serve as the
only forum for citizen input, since they usually
occur at the end of the permitting process. As
noted above, given that permittees are not
typically formally involved, public meetings may
provide the opportunity for a more open
exchange of ideas between the various parties;
consequently, having a public meeting prior to a
public hearing can be beneficial. Generally,
regulatory requirements for public hearings under
different permitting programs are very similar.
• • What are the Regulatory
Requirements for Public
Hearings?
Below is a summary of public hearing regulatory
requirements for various permitting programs
implemented by EPA. A state may opt to run
the public comment period and request for
hearing period simultaneously rather than
concurrently.
In addition, while most states follow the 30-day
advance notice requirement for public hearings,
some do not.
CAANSR
The permitting agency shall provide an
opportunity for a public hearing to consider the
air quality impact of the source, alternatives to it,
the control technology required, and other
appropriate considerations (see 40 CFR
51.166(q)(2)).
CAA Title V Operating Permits
During the public comment period, anyone may
make a request for a public hearing. Public
notice of the hearing must be given at least 30
days in advance.
SDWAUIC
During the 30-day public comment period,
anyone may submit a written request for a public
hearing. The permitting agency may also call a
Reference Guide for Public Involvement in Environmental Permits
3-22
-------
hearing if there is a high level of public interest or
concern. Notification of the hearing must be
given at least 30 days in advance. A tape
recording or written transcript of the hearing must
be made available to the public.
State/Tribal Assumed CWA Section 404 Permit
Program
Any interested person may request a public
hearing during the public comment period. The
request shall be in writing and shall state the
nature of the issues proposed to be raised at the
hearing.
The State Tribal Program Director shall hold a
hearing whenever it is determined there is
significant public interest in the permit application
or draft general permit. The director may also
hold a hearing whenever a hearing may be useful
in making a decision on the permit application.
CWA NPDES Permits
The permitting agency may hold a public hearing
when there is significant public interest in the draft
permit, to clarify a permit decision, or when
requested in writing during the public comment
period. Public notice of the hearing must be
given at least 30 days prior to the event. A tape
recording or written transcript of the hearing must
be made available to the public.
RCRA Hazardous Waste Facility Permits
The permitting agency is required to conduct a
public hearing if requested in writing during the
45-day public comment period.
The agency also will hold a hearing during the
draft permit stage when there is a high level of
public interest or when the agency feels that the
hearing might clarify relevant issues. Notification
of the hearing must be given at least 45 days in
advance. A tape-recording or written transcript
of the hearing proceedings must be made
available.
• • What is the Purpose of Public
Hearings?
Public hearings provide an opportunity for the
public to provide formal comments and oral
testimony on proposed agency actions.
Occasionally the agency will present
introductory information prior to receiving
comments. All testimony received becomes part
of the public record. Most hearings last between
2 and 5 hours; however, for very controversial
topics, public hearings have been known to
extend over a period of days.
Permittees and facility staff have no official role
during a public hearing. Generally, a moderator
will handle all the scheduling for the event, and
ensure that the proceedings are conducted in an
orderly fashion.
Public hearings are held:
when requested by a member of the
public during a public comment period;
• during the public comment period
following the issuance of a draft permit,
major permit modification, or at the
selection of a proposed corrective
measure; and
• when the level of community concern
warrants a formal record of
communication.
Reference Guide for Public Involvement in Environmental Permits
3-23
-------
• • How Should Permitting
Agencies Prepare for Public
Hearings?
Permitting agencies should prepare for public
hearings as follows:
Anticipate the audience and the
issues of concern. The audience's
objectives, expectations, and desired
results are identified through community
feedback, such as telephone interviews or
written comments. The agency should
arrange for a translator for community
members who do not speak English.
• Schedule a convenient location and
time for the meeting. The hearing
room should have seating, microphones,
lighting, and recorders, as well as
handicapped access. Schedule the
meeting during evening hours or on a
weekend so that the meeting does not
conflict with the working hours of likely
community participants. If the meeting
conflicts with other community events,
propose/find an alternative time or
location.
• Arrange for a court reporter to record
and prepare a transcript of the
hearing. Encourage citizens to bring
extra copies of prepared comments to
submit to the court reporter to be
included in the public record.
• Announce the public hearing at least
30 days before the event. Notice
should be given in local newspapers and
mailed to interested parties.
Provide an opportunity for people to
submit written comments. The
permitting agency should recognize that
not all people will want to give oral
testimony. Agencies should provide
notification of where to send written
comments.
Prepare a transcript of all oral and
written comments. Permitting agencies
should announce when the transcript will
be available for review.
Agencies should remind citizens that all
comments made during the hearing will become
part of the public record, so comments must
usually be kept to 5 minutes or less.
Encourage citizens to submit more detailed
comments in writing or make arrangements to
speak with them individually after the hearing.
How do Interested Parties
Obtain Information About
Public Hearings?
Interested parties can obtain information from
local newspapers and mailings to interested
citizens and members of the mailing list at least
30 days before the event.
Reference Guide for Public Involvement in Environmental Permits
3-24
-------
STA TUTOR Y AND REGULA TOR Y A UTHORITY
PUBLIC
PARTICIPATION
ACTIVITY
Required Activities -
Disseminating
Information -
Public Notice
Mailing Lists
Notices of Decision
Fact Sheets/ Statements
of Basis
Response to Comments
Information Repositories
Clean Air Act
(CAA)
Air Permits
§124.10;
§70.7(h)(1)
§124.10(c);
§70.7(h)(1)
§124.15; §70.7(h)(5)
§124.7, §124.8;
§70.7(a)(5)
§124.17; §70.7(h)(5)
Safe Drinking
Water Act
(SDWA)
UIC
§124.10
§124.10(c)
§124.15
§124.7, §124.8
§124.17
Clean Water Act (CWA)
404
§124.10,
§231.3
§124.10(0)
§124.15,
§231.6
§124.7,
§124.8,
§124.17
NPDES
§124.10,
§124.57
§124.10(0)
§124.15
§124.7, §124.8
§124.17
Resource
Conservation &
Recovery Act
(RCRA)
TSDF
§124.10, §124.19,
§270.42
§124.10(0)
§124.15
§124.7, §124.8
§124.17, §270.41,
§270.4
§124.33, §270.30(m)
NOTE: Citation (40 CFR) indicates that public participation activities are required. A blank box means that the activities, although suggested, are not required.
-------
STA TUTOR YAND REGULA TORY A UTHORITY
PUBLIC
PARTICIPATION
ACTIVITY
Required Activities -
Gathering and
Exchanging
Information'
Public Comment Periods
Contact Persons
Public Meetings
Public Hearings
Clean Air Act
(CAA)
Air Permits
§124.10(b)(1);
§70.7(h)(4)
§124.10(d)(1)(iv);
§70.7(h)(2)
§124.12; §70.7(h)(2)
Safe Drinking
Water Act
(SDWA)
UIC
§124.10
(b)(1)
§124.10(d)
(1)(iv)
§124.12
Clean Water Act (CWA)
404
§124.10
(b)(1)
§124.10(d)
(1)(iv)
§124.12,
§231.4
NPDES
§124.10
(b)(1)
§124.10(d)
(1)(iv)
§124.12
Resource
Conservation &
Recovery Act
(RCRA)
TSDF
§124.10(b)(1), §270.41,
§270.42,
§265.112(d)(4),
§265.118(f)
§124.10(d)(1)(iv),
§270.41, §270.62(b),
(d), §270.66(d)(3), (g)
§124.31
§124.12,
§265.112(d)(4),
§265. 118(f), §270.41,
§270.42(c)(6)
-------
STA TUTOR YAND REGULA TORY A UTHORITY
PUBLIC
PARTICIPATION
ACTIVITY
Non-Required
Activities-
Disseminating
Information •
Introductory Notices
Project Newsletter
Exhibits
Briefings
Presentations
Facility Tours
Observation Decks
News Releases & Press
Kits
News Conferences
Clean Air Act
(CAA)
Air Permits
Safe Drinking
Water Act
(SDWA)
UIC
Clean Water Act (CWA)
404
NPDES
Resource
Conservation &
Recovery Act
(RCRA)
TSDF
-------
STA TUTOR YAND REGULA TORY A UTHORITY
PUBLIC
PARTICIPATION
ACTIVITY
Non-Required
Activities- Gathering
and Exchanging
Information •
Community Interviews
Focus Groups
Door-to-Door Canvassing
Unsolicited Info./Office
Visits
Surveys/Telephone Polls
Telephone Contacts
Telephone Hotlines
On-Scene Info. Offices
Clean Air Act
(CAA)
Air Permits
Safe Drinking
Water Act
(SDWA)
UIC
Clean Water Act (CWA)
404
NPDES
Resource
Conservation &
Recovery Act
(RCRA)
TSDF
-------
STA TUTOR YAND REGULA TORY A UTHORITY
PUBLIC
PARTICIPATION
ACTIVITY
Non-Required
Activities- Gathering
and Exchanging
Information •
Q&ASessions
Information Tables
Informal Mtgs. With Other
Stakeholders
Open Houses
Workshops
Attending Other Meetings
Citizen Advisory Groups
Clean Air Act
(CAA)
Air Permits
Safe Drinking
Water Act
(SDWA)
UIC
Clean Water Act (CWA)
404
NPDES
Resource
Conservation &
Recovery Act
(RCRA)
TSDF
-------
Section 4 - Additional Tools and a
Guideline to Facilitate Public
Involvement in Environmental Permits
This section summarizes additional tools to
facilitate public involvement in
environmental permits, which are not
required by regulation. Similar to the required
activities, they are divided into two categories: a)
disseminating information; and b) gathering and
exchanging information.
Tools summarized under the disseminating
information category are used by permitting
agencies and organizations seeking permits to
distribute information about the facility, permit,
or other aspects of the permit process to
interested individuals and the affected
community.
The tools summarized under the gathering and
exchanging information category are typically
used both (1) as a way to solicit the views and
opinions from members of the community
regarding the permit application and (2) to
provide forums for discussions between
members of the community, the permitting
agency, and the facility about issues related to
the permit application.
This section concludes with guidelines for
developing a model plan for public involvement.
It includes a sample annotated outline which can
be adapted to different situations. This guideline,
taken together with the additional tools listed in
this section, is offered as some of the best
practices for public involvement in environmental
permitting.
What Are Examples of
Additional Tools That Can Be
Used for Disseminating
Information?
1. Language translations
2. Project newsletters and reports
3. Introductory notices
4. Exhibits
5. Briefings
6. Presentations
7. Facility tours
8. Observation decks
9. News releases and press kits
10. News conferences
11. Independent technical experts
12. Information booklets/brochures
What Are Examples of
Additional Tools That Can Be
Used for Gathering and
Exchanging Information?
1. Community interviews
2. Focus groups
3. Door-to-door canvassing
4. Surveys and telephone polls
5. Telephone contacts
6. Telephone hotlines
Reference Guide for Public Involvement in Environmental Permits
4-1
-------
7. On-scene information offices
8. Question & answer sessions
9. Information tables
10. Informal meetings with other
stakeholders
11. Attending stakeholder meetings and
functions
12. Availability sessions/open houses
13. Citizen advi sory groups
14. Workshops
Additional Tools That Can
Be Used for Disseminating
Information
1. Language Translations
There are currently no regulatory
requirements for translations, although
EPA strongly recommends using
multilingual fact sheets, notices, and other
resources to provide equal access to
information. Oral translations are also suggested
for public meetings, hearings, and news
conferences when a large portion of the
community does not speak English as their first
language.
Translations provide written or oral information
to communities where there is a significant
number of residents who are non- English
speaking. Translations ensure that all community
members are informed of activities and have the
opportunity to participate in the decision-making
process.
• • What are the Advantages of
Written and Oral
Translations?
Both written and oral translations provide the
non-English speaking community a greater
opportunity to be active in the public
participation process. The need for translation is
usually determined during the assessment of
community needs, and through community
interviews. When a large part of the community
does not speak English as their first language,
multilingual outreach materials, such as fact
sheets, notices, newsletters and reports should
be made available.
Oral translations are suitable for public meetings,
hearings and news conferences, or when the
agencies publicly need to reach out and
communicate with the community.
2. Project Newsletters and
Reports
Project newsletters and reports are excellent
activities for sharing detailed or highly technical
information with the affected members of the
public. Project newsletters and reports are a
means of communicating important information
about a permit or applications to interested
persons. Project newsletters use a more reader-
friendly tone than reports. In addition to keeping
citizens updated on permitting activities,
newsletters provide brief summaries of technical
reports or studies. Sending project newsletters
directly to stakeholders and interested persons is
an efficient way to distribute important
information about detailed or highly technical
projects.
Reference Guide for Public Involvement in Environmental Permits
4-2
-------
• • What are the Advantages of
Using Newsletters and
Reports to Disseminate
Information?
Newsletters and reports are useful ways to
disseminate information to stakeholders and
interested persons in the community. They help
keep citizens aware of activities and provide
names of persons to contact to obtain additional
information. To ensure that newsletters are
distributed to all stakeholders and interested
persons, it is important to maintain an updated
mailing list.
Agencies should use availability sessions, open
houses, or informal meetings to further explain
the results of detailed reports and studies.
3. Introductory Notices
While there are no regulatory
requirements for introductory notices,
some agencies may provide them at
the time a permit application is submitted to
explain the permitting process and public
participation opportunities.
• • When are Introductory
Notices Used?
Introductory notices are another way the
permitting agency can build its mailing list. For
instance, a return slip that the public can
complete and return to be placed on a mailing list
could be included with the notice. The return
slip could also be used to ask questions about
the process or the specific facility.
They are used when the permitting agency
believes that the community knows little or
nothing about the permitting process or when the
permitting agency needs to notify the public of
how they can become involved in the permitting
process.
• • What Information is Provided
in an Introductory Notice?
An introductory notice can be presented as a
public notice, a fact sheet or a flier distributed to
the facility mailing list. It should explain, as
clearly as possible, the permit application review
or corrective action process. In addition, the
permitting agency should try to avoid technical
terms, jargon, and unexplained acronyms.
Introductory notices also should identify an
agency contact who can answer additional
questions about the permitting process either in
general or pertaining to the specific permitting
activity. It should provide the name, address,
and phone number of a contact person who can
be called with questions or for additional
information about the facility.
4. Exhibits
Exhibits are very helpful in making
technical information more
understandable. Since they are generally
visually appealing, exhibits tend to stimulate
public interest in a project.
Exhibits are visual displays such as diagrams,
photographs or computer displays accompanied
by a brief description or introduction. They can
provide a creative and informative way to
explain technical projects.
Reference Guide for Public Involvement in Environmental Permits
4-3
-------
• • What are the Advantages to
Using an Exhibit?
Exhibits tend to spark public interest and
understanding. While public notices and fact
sheets are useful, they may be glanced over
quickly and easily forgotten. Exhibits have
visual impact and can leave a lasting impression.
Exhibits work well with public meetings,
hearings, and availability sessions/open houses.
Agencies also can use surveys or comment cards
at the display to encourage citizens to comment
or request additional information.
When used in conjunction with other activities,
exhibits help to enhance the overall
understanding and interest in a program.
5. Briefings
Briefings can be extremely useful for
maintaining or initiating rapport with key
stakeholders. Briefings are useful for
sharing important information with key
stakeholders prior to releasing the information to
the media and general public. Briefing key
stakeholders is particularly important if an
upcoming action might result in political
controversy.
• • What is the Purpose of
Briefings?
Briefings update key stakeholders on important
information, such as a change in permit status or
new technological research. They allow
stakeholders the opportunity to ask agencies
questions prior to the release of information to
the public and media. By providing a "heads
up," stakeholders are better prepared to answer
questions from their constituents when the
information becomes public. Since briefings are
usually offered to small, select groups, they allow
for the exchange of stakeholder information and
concerns.
A permitting agency may hold a briefing to clear
up visible stakeholder concerns before hosting a
larger, more publicly visible event. Briefings
generally precede news conferences, press
releases, or meetings.
6. Presentations
Although there are no
regulatory
requirements for
presentations, they can be
helpful in reaching a large
audience during any stage of
the permitting process.
Permitting agencies may schedule presentations
(e.g., speeches, panel discussions, videotapes,
or slide shows) for local clubs, civic or church
organizations, school classes, or concerned
groups of citizens. They provide a description of
current permitting activities, while helping to
improve public understanding of the issues
associated with a permitting action. A
community-based contact also may request that
an agency contact arrange for a presentation.
• • When Should a Permitting
Agency Schedule a
Presentation?
Presentations can be used:
• when there is moderate public interest in
Reference Guide for Public Involvement in Environmental Permits
4-4
-------
a facility;
• when it is practical to integrate short
presentations into meetings on other
subjects; or
• when a major milestone in the permitting
process is reached.
Citizens may request that the agency contact
make a presentation during a regularly scheduled
meeting.
The agency should provide an agenda or time
frame for the presentation to allow ample time
for group members to ask questions and voice
their opinions at the conclusion of the delivery.
It is a good idea to use visual aids, such as slides
and exhibits, during presentations to stimulate
public interest and understanding. Handouts,
such as fact sheets or news releases, should also
be distributed so attendees have something to
refer to after the presentation. At the conclusion
of the presentation, the agency presenter should
provide the name and telephone number of the
person to contact for further information.
7. Facility Tours
Facility tours
familiarize the
media, local
officials and citizens
with the operations
and the individuals
involved at the facility. Facility tours are
scheduled trips to the facility for media
representatives, local officials, and citizens during
which technical and public outreach staff answer
questions. Facility tours increase understanding
of the issues and operations at a facility and the
permit process under way. Often, better
understanding between stakeholders results
because of facility tours.
Tours are usually arranged by the facility in
conjunction with the permitting agency or a
citizen's group. Tours are particularly helpful:
when viewing activities at the facility can
help increase public understanding or
decrease public concern; and
when it is practical and safe to have
visitors on facility grounds.
• • How Should Facility Tours be
Organized?
Often a citizen's group assists in planning the
facility tour. Facility tours require considerable
time to arrange, prepare, and coordinate.
Facilities are not required to conduct tours.
Citizen's groups may be most successful in
participating in tours when good relations have
previously been established with the facility.
Facility safety guidelines cannot be violated
during the tour. Insurance regulations for the
facility and liability, safety, and injury
considerations may make tours impossible.
Citizen's groups should recognize this
responsibility and not demand access to areas
that are not safe for the general public.
However, unwarranted secrecy may cause
suspicion on the part of the community. The
permitting agency may be able to help facilitate
appropriate access during the tour.
The following should be considered when
organizing a tour:
Reference Guide for Public Involvement in Environmental Permits
4-5
-------
Determine objectives/results of the tour;
Plan the tour ahead of time. The
facility, agency, and citizen's group
should work together to arrange a tour
that fairly presents appropriate
information and provides the community
an opportunity to learn about facility
operations. Proper planning significantly
improves the quality of the tour.
Before the tour, facility personnel should
determine tour routes and availability of
facility personnel to answer questions
and demonstrate technologies.
If a facility cannot arrange a tour (e.g.,
the facility is under construction or not
yet built), it may 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 and may get a clearer perception
of what to expect at the local site.
Develop a list of individuals who
might be interested in participating
in a tour. The facility tour should
include:
- 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 and
regulators;
representatives of local citizen or
service groups; and
- representatives of local
newspapers, TV and radio stations.
• Identify the maximum number that
can be taken through the facility
safely. The facility should determine a
reasonable number.
Keep the group small so that all who
wish to ask questions may do so.
Schedule additional tours as needed.
• Be creative in involving tour
participants. A "hands-on"
demonstration of how to read monitoring
devices is one example.
Anticipate questions. Have someone
from the facility available to answer
technical questions in nontechnical terms.
8. Observation Decks
An observation deck allows citizens and
media representatives to observe site
activities without hindering the activities.
An observation deck is generally an elevated
deck on the facility property near the area where
the permitted activities are in progress. The
deck enables the public and media to observe
facility activities directly, thereby removing some
of the unfamiliarity with the activities. In
addition, citizens may have previously toured the
facility, and are able to monitor the progress of
permitting activities at their convenience from the
observation deck.
Reference Guide for Public Involvement in Environmental Permits
4-6
-------
• • When Should an Observation
Deck be Used?
An observation deck may be used when:
• community interest or concern is high;
the community's understanding of facility
operations will be enhanced by direct
observation;
there will be sufficient activity at the site
to promote the community's interest;
staff are available to supervise public use
of the deck and answer questions; and
• it is physically possible to set up an
observation deck in a place where there
is no danger to the public.
Constructing and supervising an observation
deck is expensive. Further, health and safety
issues must be considered thoroughly so that
visitors to the observation deck are not
endangered by activities at the facility. Because
of these constraints, and because there are no
regulatory requirements for observation decks,
facilities may be reluctant to construct one unless
there is sufficient community interest.
Location of the observation deck will depend on:
• best location for viewing facility
activities;
• public safety; and
public access.
Hours of operation will vary, depending on
availability of staff to supervise the observation
deck and to answer questions from the public.
The observation deck should be supplemented
with an informational/interpretive program so that
citizens understand what they see. Fact sheets
or an informative exhibit placed near the deck
could further aid in explaining facility activities.
Notice of the observation deck should appear in
public notices, fact sheets, and in a mailing to the
facility mailing list.
9. News Releases and Press
Kits
News releases and press kits are
communication tools used to
disseminate important information about
the permitting activity. They can be used by all
participants in the permitting process, including
citizens' groups, facilities, and permitting
agencies.
News releases are statements sent to the news
media (e.g., newspapers, television, radio),
generally to publicize progress or key milestones
in the permitting process. News releases, when
carried by the media, 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 or studies, and describe how citizen
concerns were considered in the permit decision
or corrective action.
Press kits consist of a packet of relevant
information distributed to reporters summarizing
key information about the permitting activity.
Typically a press kit is a folder with pockets for
short summaries of the permitting process,
technical studies, newsletters, press releases, and
Reference Guide for Public Involvement in Environmental Permits
4-7
-------
other background materials.
The press kit and the news release can be
complementary activities, though either one can
be issued separately. They can be issued by a
facility, permitting agency community or citizen's
group.
• • When are News Releases and
Press Kits Used?
Some of the occasions when news release or a
press kit are used include:
• when significant findings are made at the
site, during the process or after a study;
• when program milestones are reached or
when schedules are delayed;
• in response to growing public or media
interest or after a new policy stance has
been adopted; and
• when there is a need to increase public
interest in a facility.
A news release should not be issued at times
when it may be difficult to get in touch with
responsible officials (e.g., Friday afternoons or
the day before a holiday).
• • Who can Issue News
Releases and Press Kits?
Facilities or permitting agencies can distribute
news releases or press kits to citizens' groups or
community-based committees to share
information about the permitting activity. Groups
that most likely will use them include
organizations that sponsor community
newsletters, bulletin boards, or other public
information media.
Alternatively, citizens' groups may want to issue
their own news releases or press kits if their
organization has sponsored or conducted a study
or event that directly relates to the permitting
activity.
A news release to the local media can reach a
large audience quickly and inexpensively.
Press kits allow reporters to put the issues in
context. If a reporter is trying to meet a deadline
and cannot contact the permitting agency, he or
she can turn to the press kit as an authoritative
source of information. If the name, address and
phone number of a contact person are included,
reporters can obtain answers to their 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 allow more detailed
information. A news release is not an
appropriate vehicle for transmitting sensitive
information. Frequent use of news releases to
announce smaller actions may reduce the impact
of news releases concerning more significant
activities.
• • How are News Releases and
Press Kits Prepared?
News releases and press kits are prepared as
follows:
• Consult a person who regularly
works with the local media, such as a
public affairs specialist The public
affairs specialist will ensure adherence to
Reference Guide for Public Involvement in Environmental Permits
4-8
-------
internal policies on media relations. The
specialist can help draft the news release
and provide other helpful suggestions
about the release and the materials for
the press kit.
If an organization does not have a public affairs
specialist, make sure to receive approval from
the director or other person with significant
organizational responsibility.
• Identify the relevant regional and
local newspapers and broadcast
media, and learn their deadlines. Get
to know the editor or environmental
reporter who might cover the issue.
Determine what sorts of information will
be useful to them.
• Contact related organizations to
ensure coordination. For instance,
other groups may be working together
on a citywide issue. Agencies should
ensure that all facts are correct, and
procedures are coordinated between
groups before releasing any statement or
other materials. Agencies may want to
consider discussing the news release
with interested stakeholders. Do not
distribute to the public draft news
releases—they are internal documents
only.
Select the information to be
communicated. Press releases place
the most important and newsworthy
elements up front and present additional
information in descending order of
importance. Use supporting paragraphs
to elaborate on other pertinent
information. If presenting study findings
or other technical information, present it
in understandable terms along with any
important qualifying information (e.g.,
reliability of numbers or risk factors).
The press kit should contain materials that
elaborate on the information in the press release.
Include basic information about the permitting
agency, such as mission statement, goals, and
organization activities. Background reports or
studies may also be useful.
Keep the news release brief. Limit it
to essential facts and issues. One page.
• Use simple language. Avoid the use
of professional jargon, overly technical
words, and undefined acronyms.
• Identify who is issuing the news
release. The letterhead or top of the
sheet should include:
- name and address of the
organization;
- release time ("For Immediate
Release" or "Please Observe
Embargo Until") and date;
- name and phone number of the
contact person for further
information; and
- a headline summarizing the
information in the release.
In some cases, send copies of the
release and the press kit to
interested stakeholders at the same
time that it is submitted to the news
Reference Guide for Public Involvement in Environmental Permits
4-9
-------
media. Coordinate with the public
affairs specialist to determine the
appropriateness.
10. News Conferences
News conferences provide a major public
forum for announcing plans, findings,
policies and other developments. They
are an efficient way to reach a large audience in
a short period of time.
While news conferences are information sessions
or briefings held for representatives of the news
media, they may also be open to the general
public. News conferences provide all interested
local media and members of the public with
accurate information concerning important
developments during the permitting process.
• • When Should News
Conferences be Used?
News conferences can be used:
• when time-sensitive information needs to
reach media and 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.
Agencies should coordinate news conferences
through their public outreach staff. In addition to
making logistical arrangements, the staff can help
notify members of the local and regional media,
and any interested local officials of the time,
location, and topics of the conference.
During the conference, the agency should
present a short, official statement, both written
and spoken, about developments and findings,
followed by a question and answer period.
News conferences are often supplemented with
fact sheets or news releases, so that citizens can
refer to them for technical information after the
conference.
11. Independent Technical
Experts
Communities may mistrust the information
provided by industry or permitting
authorities. Under some circumstances
the community may require impartial
independent technical assistance to ensure
unbiased, informed opinions and information.
Many case studies report successes when grants
are awarded to allow a community to hire
independent technical consultants. Success is
attributed to:
creating the same degree of technical
credibility as other stakeholders; and
• decreasing frustration levels, because
consultants can "translate" community
quality of life concerns into terms that are
commonly used within the siting or
permitting process.
12. Information
Booklets/Brochures
Information booklets or brochures are other
ways of obtaining information regarding how to
choose possible locations for potential sites and
Reference Guide for Public Involvement in Environmental Permits
4-10
-------
how to involve neighboring communities near
those potential sites into the site selection and
permitting process.
Some informational booklets discuss land
composition, setback distances and other
important factors that should be considered
before selecting sites for hazardous waste
management facilities. Other booklets address
quality of life issues of concern to communities
near potential or existing hazardous waste
management facilities. Such informational
booklets may serve as aids to industry and
government agencies to help them find out the
character of a community (cultural composition,
concerns, lifestyles, etc.) and offer creative
mechanisms on how to involve and effectively
work with neighboring communities to address
quality of life concerns before the permitting
process begins.
These booklets may also discuss the incentives
and benefits to industry of going the extra mile
and doing more than what is required in the
regulations, by establishing partnerships and
promoting constructive dialogue with
communities. Some sample EPA Reference
documents include:
1. Sensitive Environments and the Siting
of Hazardous Waste Management
Facilities, (May 1997, EPA530-K-97-
003)
2. Social Aspects of Siting RCRA
Hazardous Waste Facilities, (April
2000, EPA530-K-00-005)
Additional Tools That Can
Be Used for Gathering and
Exchanging Information
1. Community Interviews
Community
interviews are
a valuable
source of opinions,
expectations and
concerns regarding the
permitting process and often provide insights and
views that are not presented in the media.
Community interviews are informal, face-to-face
or telephone interviews held with local residents,
elected officials, community groups, and other
individuals, to acquire information on citizen
concerns and attitudes about a permitting
program. The interviews may be conducted by
the facility, public interest groups, or a third-
party representative, such as a contractor or
community organization, as part of the
community assessment.
Community interviews allow facilities and
agencies to tailor activities to the needs of a
community. Information obtained through these
interviews is typically used to assess the
community's concerns and information needs,
and to prepare a public participation plan which
outlines a community-specific strategy for
responding to the concerns identified in the
interview process.
Reference Guide for Public Involvement in Environmental Permits
4-11
-------
• • When Should Community
Interviews be Conducted?
Community interviews are conducted at the
beginning of the permitting process or before
major permit modifications. Community
interviews are not conducted in every community
for every permitting activity. For instance,
routine or noncontroversial activities may not
require community interviews. They are more
likely if a permitting process is controversial or
receives high levels of public interest. Activities
ranging between these situations may require
some interviews beginning with a survey of
community representatives and group leaders.
Community interviews should be conducted:
to find out about community concerns at
the outset of a major permitting activity;
and
before revising a public participation
strategy because months or perhaps
years may have elapsed since the first
round of interviews and community
concerns may have changed.
How many community interviews are conducted,
and how in-depth they are depends on the level
of community concern and involvement. If there
has been a lot of interaction between the
community and the facility, only a few informal
discussions may need to be conducted either in
person or by telephone with selected, informed
individuals who clearly represent the community.
This is to verify, update, or round out the
information already available.
• • Who Participates in
Community Interviews?
Potential individuals or groups that may be
interviewed include:
local residents;
elected officials;
• community groups; and
• any other individuals in the affected area.
Before the interview, the interviewer should
provide a brief description of the permitting
process as well as an explanation of the purpose
of the interview. The interviewer should look for
perceptions of past public participation activities
conducted in the community. Comments
received will help develop an appropriate public
participation strategy.
The interviewer should gauge concerns to the
following factors:
• Threat to Health - Does the citizen
believe his/her health is or has been
affected by activities at the facility?
• Economic Concerns - How does the
public believe the facility affects the local
economy and the economic well-being
of community residents?
• Agency/Facility/Interest Group
Credibility - Does the public have
confidence in the capabilities of the
facility or agency? What are the public's
opinions of the facility owner/operator
and involved environmental/public
interest organizations?
Reference Guide for Public Involvement in Environmental Permits
4-12
-------
• Involvement - What groups or
organizations in the community have
shown an interest in the facility? How
have interested community groups
worked with the agency in the past?
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)?
At the beginning of the interview, the interviewer
should explain the public participation process
and ask the interviewee how he/she would like
to be involved and informed of progress and
future developments. The interviewer should ask
the interviewee to recommend convenient
locations for setting up an information repository
or holding public meetings.
Finally, the interviewer should ask for the names
and telephone numbers of other persons who
may be interested in permitting activities.
All comments should remain confidential! The
interviewer should explain how he/she will
ensure anonymity of respondents.
If persons feel uncomfortable sharing concerns
and issues one-on-one, the interviewer should
recommend other means of expressing their
viewpoints, such as anonymous surveys or focus
groups.
2. Focus Groups
Focus groups provide an opportunity to
gain in-depth public reaction to permitting
issues. Focus groups are small discussion
groups led by a facilitator who draws out
participants' reactions to an issue. The group is
selected either to be random or to approximate
the demographics of the community. Some
organizations use focus groups as a way of
gathering information on community opinion.
• • When do Facilities or
Permitting Agencies Use
Focus Groups?
Facilities or permitting agencies may use focus
groups when there is a high degree of public
interest in a permitting activity. Focus groups
provide a quick means of feedback from a
representative group and can be a good
supplementary activity to community interviews,
especially if such group discussions will make
some members of the public feel more
comfortable.
• • How Should Agencies
Prepare for Focus Groups?
Agencies should prepare for focus groups by:
Selecting focus groups. Contact
stakeholders and community leaders get
input on who to include in the focus
groups.
• Using community interview
techniques to get input from the
focus group.
Reference Guide for Public Involvement in Environmental Permits
4-13
-------
• Using the information obtained from
the focus group in forming a public
participation plan.
3. Door-to-Door Canvassing
Door-to-door canvassing involves
face-to-face contact, thereby ensuring
that citizens' questions can be directly
and individually answered. Canvassing
demonstrates a commitment to public
participation and is a very effective means of
gathering accurate, detailed information while
determining the level of public concern.
Door-to-door canvassing is used by facilities and
sometimes permitting agencies to collect and
distribute information by calling on community
members individually and
directly. During these
interactions, canvassers
should ask questions
about the permitting
activity, discuss concerns,
and provide fact sheets or other materials.
Interested persons should be informed that they
can find out more about the permitting activity by
signing up for mailing lists or by attending an
upcoming event.
• • When Should Door-to-Door
Canvassing be Used?
Door-to-door canvassing may be used:
• when there is a high level of concern
about the site;
• when there is a need to notify citizens
about an event or an upcoming
permitting issue;
• when communication is needed between
a specific group of people for a specific
purpose, such as getting signatures to
allow access to properties adjacent to
the facility;
• when the community has a low literacy
rate, rendering written materials
ineffective;
when the area consists of a population
whose primary language is not English,
but it is important to pass information to
the area; and
when there is an emergency situation that
the community needs to know about.
Canvassers should generally try to inform
residents (e.g., by distributing a flyer) when
door-to-door calling will occur in their area.
The notice should inform the community of the
time the canvassers will be in the neighborhood
and explain the purpose of the canvassing
program.
• • What Types of Questions
Should Door-to-door
Canvassers be Trained to
Answer?
Door-to-door canvassers should be trained to
answer questions about what is happening at the
facility and may provide general information
about possible health effects associated with
various activities.
Reference Guide for Public Involvement in Environmental Permits
4-14
-------
Some questions, however, may need to be
referred to technical staff (e.g., highly technical
questions concerning hazardous waste or agency
policies). If necessary, a translator should
accompany the canvasser, and materials in
languages other than English should be provided.
In addition, the canvasser should tell citizens
when and how they will next be contacted (i.e.,
by telephone, by letter, or in person).
All canvassers should have an official badge to
identify themselves and should respect a citizen's
right not to be contacted. Safety and security is
crucial for citizens and canvassers. Do not
conduct any door-to-door interview that
endangers anyone.
4. Surveys and Telephone
Polls
Surveys and questionnaires are useful for
gathering general impressions about
specific permitting activities or public
participation events. Frequently, they are used
when an anonymous method for submitting
information is needed.
Public participation is a dialogue, and citizens
need ways to provide feedback to facilities,
public interest organizations and permitting
agencies. Surveys and polls are designed to
solicit specific types of feedback from a targeted
audience, such as public opinion about a
permitting activity, the effectiveness of public
participation activities or what could be done to
improve distributed materials.
Surveys can be either oral or written, used in
person or by mail, and distributed either to the
entire community or specific segments or
representative samples of the community.
Facility owners can use surveys and polls during
a community assessment to gauge public
sentiment about constructing or expanding a
facility or as a complement to direct community
interviews. The permitting agency can use
surveys and polls in a similar fashion especially
during major projects and at facilities that raise
controversy. The agency, public interest groups
and the facility can use surveys and polls to find
out if citizens are receiving enough information
about the activity and are being reached by
public notices or other outreach methods.
• • When Should Surveys and
Telephone Polls be Used?
Surveys and telephone polls are used:
• when specific information is sought from
a targeted community or audience; or
• as a means of giving anonymous
feedback during the permitting process is
needed.
• • How are Surveys and
Telephone Polls Conducted?
Written surveys may be distributed in person or
by mail. Alternatively, they may be distributed
after a meeting or distributed by hand to
community members' homes. Surveys can be
distributed to a representative sample of the
community. In some cases, surveyors may
"blanket" a community, distributing the survey to
all homes and businesses within a certain
distance of the facility.
Telephone polls are generally conducted with a
random sample, a representative sample or a
targeted segment of the community.
Reference Guide for Public Involvement in Environmental Permits
4-15
-------
Permitting agencies or facilities can contact
community leaders and local officials to
determine the demographics of the area.
Survey questions should not be biased. In other
words, the wording of a question should not
influence how the question is answered. If
anyone in the community feels that the survey is
biased, they should bring their concerns to the
attention of the permitting agency contact or
whomever is conducting the survey.
5. Telephone Contacts
Telephone contacts are a quick means of
informing key persons about facility
activities and for monitoring any shifts in
community concerns. There are no regulatory
requirements for telephone contacts.
Telephone contacts are used to gather
information about the community or to provide
updates of the status of permitting activities.
If individuals feel uncomfortable discussing their
concerns or perceptions about the permitting
activity over the phone, encourage them to find
other means of expressing their viewpoint like
attending public meetings or responding to
notices.
• • When are Telephone
Contacts Used?
Telephone contacts are usually made to arrange
or conduct community interviews, develop
mailing lists and arrange for other public
participation activities such as news briefings,
informal meetings and presentations.
Permitting agencies should investigate using this
method of obtaining information because it is a
relatively inexpensive and expedient method of
acquiring initial information about a community.
Telephone contacts can be used:
• in the early stages of the permitting
process to identify key officials, citizens
and other stakeholders who have a high
interest in the activity;
• to gather information when face-to-face
community interviews are not possible;
• when new and time-sensitive material
becomes available; and
• when there is a high level of community
interest in the activity and it is important
to keep key players informed.
6. Telephone Hotlines
A hotline can provide interested persons
with a relatively quick means of
expressing their concerns directly to the
permitting organization and obtaining answers to
questions. A hotline is a toll-free or local
telephone number people can call to ask
questions and obtain information promptly about
permitting activities. Some hotlines are set so
that callers can order documents.
• • When Should Permitting
Agencies Use a Telephone
Hotline?
A telephone hotline can be used:
• when community interest or concern is
Reference Guide for Public Involvement in Environmental Permits
4-16
-------
moderate to high;
consider checking for messages more frequently.
• when emergencies or unexpected events
occur or when a situation is changing
rapidly;
• when there is a high potential for
complaints (e.g., about dust or noise);
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).
• • Who Operates the Telephone
Hotline?
Telephone hotlines can either be installed as a
semipermanent fixture, for use throughout the
permitting process, or as a temporary measure at
a time when major community feedback is
desired.
The permitting agency should usually staff the
hotline with at least one staff member. If no one
is available to answer calls throughout the day,
the agency might consider installing an answering
machine directing citizens to leave their name,
number, and brief statement of concern, and
informing them that someone will return their call
promptly.
A voice mail system could also be used to
provide information on commonly requested
information such as meeting dates and locations,
and the permit status. Permitting agencies should
check the answering machine for messages at
least once a day. If the level of concern is high,
Notification of the availability of new telephone
hotlines should be provided in news releases to
local newspapers, radio stations and television
stations as well as in permitting fact sheets,
publications and public notices.
7. On-Scene Information
Offices
An on-scene information office helps
ensure that citizens are adequately
informed about permitting activities and
that their concerns are addressed immediately.
An on-scene information office is typically a
trailer, small building or office space. It will be
located near the site or activity for which the
permit is being sought or at a location that is
most convenient and accessible to the
community. Usually such an office is staffed by
full-time or part-time personnel who respond to
citizens' inquiries and prepare information
releases. The on-scene staff can conduct
meetings and question and answer sessions to
inform citizens about the status of the permitting
process and answer any questions or concerns.
Working with the facility in question, the staff
may also be able to arrange or conduct facility
tours.
• • When Should an On-Scene
Information Office be Used?
An on-scene information office can be used
when:
• community interest or concern is high;
• activities involve complex technologies
Reference Guide for Public Involvement in Environmental Permits
4-17
-------
or processes;
• the community perceives a high level of
risk to health;
activities may disrupt the community
(e.g., traffic patterns); and
the area near the activity is densely
populated.
Since expenses for operating an on-scene
information office can be large, facilities generally
establish them when community interest is high.
• • What Kind of Services Should
an On-Scene Information
Office Provide?
The on-scene office should be established in a
convenient and accessible location for the
community. A telephone and answering machine
should be installed to respond to citizen inquiries
and information requests. Regular business
hours should be established in addition to some
weekend and evening hours.
The on-scene office should contain the same
materials found in an information repository. If
there is a high level of public interest, the agency
may locate the information repository at the on-
scene office.
A copy machine should be available for citizens
to make copies of documents.
The address and telephone number of the on-
scene office, as well as the hours of operation
should be provided in a public notice in a local
newspaper.
8. Question and Answer
(Q&A) Sessions
uestion and answer sessions provide
I direct communication between a
permitting agency and citizens. They are
fr, easy, and inexpensive way of providing
one-on-one explanations in an informal or formal
setting. A Q&A session brings facility and
agency staff and interested citizens together to
discuss questions and concerns about the
permitting process. Q&A sessions typically
follow an event such as a presentation, briefing,
or meeting.
Representatives should be available after the
event to answer additional questions.
• • When Should a Question and
Answer Session be Used?
Question and answer sessions may be used:
• after an event when participants need
more information;
• when citizens feel uncomfortable
discussing their questions or concerns
during a large event; and
• after an event to clarify any issues or
conflicts that were skimmed over in
order to maintain the flow of events.
Since Q&A sessions typically follow other
activities, such as presentations, exhibits, or
meetings, they are a convenient and effective
way to answer citizens' questions regarding the
permitting process in general. A facility or
agency representative should announce that
Reference Guide for Public Involvement in Environmental Permits
4-18
-------
someone will be available to answer questions at
a designated area immediately following the
presentation. The designated person should be
knowledgeable about the specific permitting
activity and the process in general. In general,
the facility or agency should try to respond to
unanswered questions as quickly as possible.
9. Information Tables
An information table is a convenient way
for the facility or permitting agency to
obtain community feedback on
permitting activities. It provides a comfortable
atmosphere for the public to approach project
staff and ask questions.
An information table consists of a table or booth
set up at a meeting, hearing, or other event (e.g.,
a community fair or civic gathering). It is staffed
by at least one person who is available to
answer questions about the permitting process.
Pamphlets, fact sheets, and brochures are
available on the table, along with a sign-up sheet
for interested people to add their names to the
mailing list. An information table is a simple
public participation tool that can be used by staff
to interact one-on-one with interested citizens.
• • When Should an Information
Table be Used?
An information table can be used when:
facilities or permitting agencies want
community feedback after a public
event;
the permitting activity has raised
significant public interest or technical
issues raise questions among the public;
and
• names need to be compiled for the
mailing list.
Tables are often made available at local events
that will attract a significant portion of the
community.
An information table is a convenient place for
citizens to obtain information, fact sheets,
newsletters, and project reports about permitting
activities. A contact person from the facility or
permitting agency should be present to respond
to questions and concerns. Information tables
are also a great place for citizens to sign up for
mailing lists; answer questionnaires and surveys;
and obtain the name and telephone number of
the persons they can contact for additional
information. Exhibits and diagrams may also be
displayed at an information table to help explain
the permitting process or specific technical
issues.
Citizens should be encouraged to contact the
facility or agency to set up an information table if
they know of a public event that will be well
attended by community members.
10. Informal Meetings with
Stakeholders
Informal meetings offer citizens, permitting
agency staff, and officials the opportunity to
increase their familiarity with the permitting
process, increase awareness of each other's
viewpoints and actively promote public
participation. Informal meetings can be held to
discuss permitting activities by either the facility,
the permitting agency or an interested community
group. Informal meetings allow interested
Reference Guide for Public Involvement in Environmental Permits
4-19
-------
citizens and local officials to discuss issues and
concerns in an informal, comfortable setting such
as a resident's home or a local meeting place.
Agency staff receive first-hand information from
interested community members, special interest
groups and elected officials while citizens have
the opportunity to ask questions and explore
topics of interest regarding the permitting
process.
• • What are the Benefits to
Informal Meetings?
The primary benefit of informal meetings is that
they allow two-way interaction between citizens,
local officials, the facility and the permitting
agency. Citizens will not only learn about
developments, but also be able to voice their
perceptions of the permitting activity. Informal
meetings also add a personal dimension to what
might otherwise be treated as a purely technical
problem.
• • When Should Informal
Meetings be Held?
They are most commonly held when:
• there is a wide range of knowledge
among community members;
• the level of tension is high and large
meetings may not be appropriate;
• the facility or permitting agency wants to
learn more about the community and
their perceptions of the activity; and
• groups want to discuss specific issues in
which the community as a whole is not
interested.
• • How Should Informal
Meetings be Organized?
Informal meetings can be arranged by the
facility, the permitting agency or a citizens' or
community-based group. If a community group
decides to host a meeting, they should speak
with the facility and agency contacts prior to the
event to discuss what they want to accomplish.
Meeting organizers may wish to enlist a neutral,
third party dispute resolution professional in
order to facilitate the meeting.
To maximize effectiveness, informal meetings are
generally kept small (e.g., 5 to 20 people).
Schedule additional meetings if some people are
unable to attend because of limited space
available. These meetings usually occur in
informal settings, such as a private home, public
library meeting room, community center, or
church hall.
They should be scheduled in convenient
locations and should not conflict with other
public meetings (e.g., town council meetings),
holidays, or other special occasions.
The permitting agency should respond promptly
to any unanswered questions. The meeting
should open with a brief presentation of the
permitting process and how the community can
be involved in the decision-making. The opening
remarks should be kept to a minimum to allow
maximum opportunity for open discussion.
Possible discussion topics include the following:
Extent of the activity;
Reference Guide for Public Involvement in Environmental Permits
4-20
-------
Safety, health, and environmental
implications;
• Factors that might speed up or delay the
regulatory and technical process; and
• How community concerns are
considered in making decisions on
permits actions.
Facility and agency contact persons, to whom
interested citizens can direct further questions or
voice new ideas or suggestions after the meeting,
should be identified.
11. Attending Stakeholders'
Meetings and Functions
Attending meetings or functions held by
stakeholders can provide insight into
other opinions and concerns. Facilities,
local governments, environmental organizations,
religious and civic groups may all hold meetings
or other gatherings during the permitting process.
Some may be required by regulation and others
may be informational meetings or discussions of
important issues. Permitting agencies can learn
more about the views of other stakeholders by
attending their meetings. Agency representatives
can join important discussions and provide
information. Some groups may invite permitting
agencies to give a presentation or briefing.
• • What Should Permitting
Agencies do if They Decide to
Attend Stakeholder
Meetings?
Permitting agencies should inform the host
organization if they decide to attend stakeholder
meetings. If agency representatives choose to
identify themselves at the meeting they should be
prepared to answer questions.
Other groups or individuals may want to attend
meetings sponsored by the permitting agency.
Be clear about which meetings are open to
others and which are not.
Agency representatives should provide
advanced notice of their upcoming meetings and
invite groups to make presentations.
12. Availability Sessions/Open
Houses
The one-to-one conversations during an
availability session/open house can help
establish rapport between citizens and
project staff.
The informal, neutral setting of availability
sessions/open houses also keeps officials and
citizens relaxed to help smooth the
communication process.
Availability sessions/open houses are informal
meetings in a public location where people can
talk to involved officials on a one-to-one basis.
The meetings allow citizens to ask questions and
express concerns directly to project staff. This
type of gathering is helpful in accommodating
individual schedules.
Availability sessions and open houses can be set
up to allow informal conversations between
representatives of all interested organizations.
Citizens can find out more about all sides of a
permitting issue through conversations with
agency officials, facility staff, and representatives
of involved interest groups and civic
Reference Guide for Public Involvement in Environmental Permits
4-21
-------
organizations.
after the event should be made available.
• • When is an Availability
Session/Open House
Appropriate?
An availability session/open house is most
appropriate when:
• scheduling meetings is difficult because
of community members' schedules;
• new information is available on several
different technical or regulatory issues
that would make explaining it in its
entirety too long for a more formal
meeting;
• community members have widely varying
interests or levels of knowledge; and
• larger crowds will make it difficult for
certain citizens to raise questions.
Availability sessions/open houses require
significant preparation and are typically held only
when community interest in the site is significant.
• • What Information is Available
at Availability Sessions/Open
Houses?
Availability sessions/open houses are usually
scheduled during the evening at a local public
library, school, or meeting room.
Knowledgeable facility staff should be present to
respond to questions and concerns. Handouts
and fact sheets containing the name and
telephone number of the person interested
citizens can contact for additional information
• • How can Interested Parties
Find out About Availability
Sessions/Open Houses?
Agencies should notify everyone on the mailing
list for the permitting activity, interested persons
should receive an announcement for the
availability session/open house at least 2 weeks
prior to the event. In addition, agencies should
include announcements in local newspapers, on
television and radio stations, and in community
newsletters.
13. Citizen Advisory Groups
Citizen advisory groups (CAGs) can
increase active community participation
in permit decision-making and provide a
voice for affected community members and
groups. They promote direct, two-way
communication among the community, the facility
and the permitting agency. CAGs have
traditionally been used in the Superfund
program. In the context of environmental
permitting, the Technical Outreach Services
for Communities program would be an
appropriate resource to consider:
www. toscprogram. org.
A CAG provides a public forum for
representatives of diverse community interests to
present and discuss their needs and concerns
with government and/or the permitting agency.
CAGs come in many different forms and have
different responsibilities and roles. They are
generally comprised of stakeholders that meet
routinely to discuss issues involving a particular
facility.
Reference Guide for Public Involvement in Environmental Permits
4-22
-------
• • When Should a CAG be
Developed?
CAGs can be developed based on individual
situations. Community organizations may create
a CAG to provide an official voice for the
community. Facility owner/operators may create
a CAG of affected community members to
provide informal or formal advice. A permitting
agency may form a CAG that includes
stakeholders from the facility, the community and
the agency.
Size of CAGs will also vary. The size of a group
can often have an impact on its effectiveness.
For example, too large a group can inhibit how
efficiently it can work and come to consensus on
issues.
On the other hand, too small a group may not be
adequate to represent diverse community
concerns.
Forming a CAG does not necessarily mean that
there will be universal agreement about
permitting issues. Nor does having a CAG mean
there will not be controversy during the process.
In addition, it should be noted that community
trust of CAGs can vary widely depending on
their structure (i.e., who sponsors the hiring and
selection of facilitators) and when in the process
they are introduced. You, your agency, or the
EPA may make a decision that differs from the
stated preferences of a CAG. Agencies should
offer an explanation of decisions that differ
significantly.
At What Point in the
Permitting Process can a
CAG be Formed?
A CAG can be formed at any point in the
permitting process, but they are most effective
when formed in the early stages. Generally, the
earlier a CAG is formed, the more its members
can participate in and impact decision-making.
CAGs can be very time-consuming and
expensive. They may not be appropriate in
every situation.
What Factors Should be
Considered When Forming a
CAG?
Agencies should consider the following factors
when forming a CAG:
• Level of community interest and concern
about the permit or facility;
• Community interest in forming a CAG;
• Existence of groups with competing
agendas in the community;
• Environmental justice issues or concerns
regarding the agency;
• The history of community involvement
with the agency or with environmental
issues in general; and
• The working relationship between the
facility, the community, and the
permitting agency.
Reference Guide for Public Involvement in Environmental Permits
4-23
-------
If a permitting agency forms a CAG, it may
announce it at a public notice, at a public
meeting, or by issuing a press release.
Communities should investigate whether other
successful groups addressing similar issues exist
before forming a new one. If a group decides to
organize a CAG, encourage them to coordinate
with the facility and agency contacts. Contacts
should be familiar with the process and helpful
resources, such as EPA's Guidance for
Community Advisory Groups at Superfund
Sites.
14. Workshops
Workshops foster two-way
communication between members of
the community and the permitting
agency. They have proven successful in
familiarizing citizens with technical terms and
concepts prior to a formal public meeting.
Workshops are seminars or gatherings of small
groups of people (usually between 10 and 30),
typically led by one or two specialists with
technical expertise in a specific area. 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 public
understanding of permit conditions and may
prevent or correct misconceptions. Workshops
also help to identify citizen concerns and
encourage public input.
• • When Are Workshops
Generally Conducted?
Workshops are generally conducted before
formal public hearings or during public comment
periods to help interested citizens develop and
present testimony. A convenient location and
time should be chosen for the workshop.
• • When are Workshops
Appropriate?
Workshops are appropriate when:
• the permitting process needs to be
explained to community members
interested in participating in the process;
• specific topics need to be discussed in
detail, especially health, risk assessment
issues or complex technical details; and
• technical material needs to be explained
and feedback from the community is
important to make sure that citizens
understand the material.
• • How is the Public Notified of
Workshops?
In addition to sending notice of the time and
location to members of the mailing list, posters
should be distributed around the area well in
advance of the event. Notification of the
workshop should also be printed in a local
newspaper.
Invitations and registration forms should be sent
to concerned citizens of the community. Each
form should provide for multiple registrations to
accommodate friends and others who also might
be interested in the workshop.
Reference Guide for Public Involvement in Environmental Permits
4-24
-------
Guidelines for a Model
Public Involvement Plan
What is a Public Involvement
Plan?
The public involvement plan (plan) is a facility-
specific set of actions to enable the regulating
agency to work effectively with the affected
community and the facility applying for a permit.
The purpose of the plan is to identify the public
concerns and then utilize the existing regulatory
requirements as a framework for meaningful
public input in the permitting decisions. The
guideline below synthesizes some of the best
practices EPA has observed and is intended to
help state permitting program staff build an
effective public involvement plan. These are
solely intended as recommendations and do not
constitute new requirements.
Two additional resources can supplement these
guidelines and should be reviewed when
developing a public involvement plan. Both have
a focus wider than strictly permitting programs
but may still be useful tools. The National
Environmental Justice Action Council has
developed a model plan for public participation
which includes core values and a checklist (EPA-
300-K-96-003) or at
www. epa. gov/oeca/oej /nej ac/pdf/modelbk. pdf
Second, EPA's 1981 Policy on Public
Participation Policy is designed to provide
guidance and direction to public officials who
manage and conduct EPA programs on
reasonable and effective means of involving the
public in program decisions. This Policy will be
updated in FY 2000 and can be found at
www.epa.gov/stakeholders/intro.
• • Making it Work
Preparation: Before starting to write the plan, do
some basic research; interviews with local
officials and community leaders can be an
effective way of gathering information on what
the plan needs to address and how it can be
implemented effectively. Consult the LandView
database that EPA and the Census Bureau
developed at www. epa. gov/swercepp/ds-epds
or check EnviroFacts at www. epa. gov/enviro.
This will give you an idea of the demographics
involved, including the potential need to have the
plan or future outreach products translated for
local residents. Investing in some research into
local newspaper archives to find any past
articles, editorials, or letters to the editor, might
give some historical perspective on the facility.
• • Audience
The plan can initially only focus on requirements
that the facility needs to meet. However, you
may wish to use the plan as a way of
communicating and documenting the actions that
all stakeholders may undertake. Therefore, it is
advisable to write the plan so that it can be
readily placed in an information repository for
any interested citizen to read.
The plan should plainly be by, and from the
agency, rather than some third party. It should
be on Agency letterhead, with an Agency cover
sheet, and it should state what the Agency will
do, rather than offer advice on what the Agency
should do. Identify the issues of concern for
that community. It is possible for one facility to
have multiple affected communities, each with
different demographics, and concerns. In such
cases, the plan must identify each community and
address its issues independently. Public
Reference Guide for Public Involvement in Environmental Permits
4-25
-------
involvement plans also gather more support with
all stakeholders when specific deadlines are
established.
Names, addresses, or phone numbers of private
citizens consulted during the community
interviews should not appear in the Plan. There
should be no way to attribute any information or
comments to any specific private citizen.
Local officials interviewed in their official
capacity should be identified in the list of
contacts, and their comments may be attributed.
This is also true for any representatives of the
facility interviewed in their official capacity.
Leaders of local civic clubs, such as the
Chamber of Commerce, are considered private
citizens and should not be identified.
The annotated outline does not contain any
average durations between steps in the process.
Each state's requirements are unique, therefore
placeholders are inserted in the outline and can
be adapted to each situation.
Public Involvement Plan -
Annotated Outline
I. Overview
A. Purpose of the Plan
B. Distinctive features of the Plan
C. Special characteristics of the
community and the facility
Section I should only be a few paragraphs
in length. This is your opportunity to
localize the generic goals of public
participation in permitting by identifying
facility-specific objectives and any special
circumstances that this plan addresses.
II. Capsule Facility Description
A. History
1. Facility use
2. Ownership
B. Technical details
1. Agency fact sheet on the facility
with description of process and
control equipment and chemicals
in use if possible
2. Description of applicable
emission standards for facility
3. For combustion facilities; include
plans for test burns
4. Lead agency for issuing the
permit
C. Geography
1. Facility location
2. Relationship to:
a. Homes
b. Businesses
c. Schools
d. Playgrounds/Parks
e. Watersheds (i.e., lakes,
streams)
3. Site maps
a. Location of facility within
state
b. Location of facility within
community
c. Proximity to elements of
concern
Section II should also be relatively short.
Its purpose is to set the stage and give the
readers enough information to be generally
familiar with the facility.
Reference Guide for Public Involvement in Environmental Permits
4-26
-------
in. Community Background
A. Community profile developed
from research in local press
B. Include any relevant data from
LandView or other demographics
C. Chronology of public
involvement
1. Plans by regulating Agency and
facility for educating the public
D. Key community concerns
1. Analyze maj or public concerns
2. Details on using the permitting
process to address those
concerns
Section III identifies the context and
community perceptions of the events and
problems of the facility, not the technical
history of the facility or what EPA knows
about the facility. This section draws
heavily from the community interviews. It
can range from three to seven pages, or more
as needed. It details the need for translation
services during the permitting process,
whether a second language for non-English
speaking residents or signing for the hearing-
impaired.
IV. Public Involvement Activities
and Timing
A. Activities to be conducted - see
major milestones on page 2-3
1. Required
2. Supplemental activities
B. Sample time line for those activities:
1. The permitting authority receives
and reviews the permit
application (including pre-
application activities). Date
scheduled: xx/xx/xx
2. Schedule public meeting to
explain the application, impacts,
and participation/appeals
processes (including available
legal assistance) with copies of
the complete application
available at the meeting. Date
scheduled: xx/xx/xx
3. Draft permit or notice of intent to
deny the permit is issued by the
permitting authority. Date
scheduled: xx/xx/xx
4. The permitting agency should
meet with the citizens to discuss
the permit and assess any needs
for technical assistance to
citizens. Date scheduled:
xx/xx/xx
5. Public comment period of at
least 30 days is established to
allow the public to comment on
the draft permit. Date
scheduled: xx/xx/xx
6. Response to comments to the
public and if necessary schedule
a meeting to discuss the
comments. Date scheduled:
xx/xx/xx
7. The permitting agency issues a
final permit decision through a
public notice. Date scheduled:
xx/xx/xx
This is the core of the plan — what will be
done and when. It may be useful to present
this timeline as a matrix (similar to the one
at the end of Chapter 3 in the Reference
Guide) relating the timing of community
involvement activities to permitting process
milestones. The items listed above in section
Reference Guide for Public Involvement in Environmental Permits
4-27
-------
B are only suggestions, and blend both
required and non-required activities together
only to illustrate a logical sequence of events.
V. Appendix of Contacts: List of
Key Community Leaders
A. Local elected officials
B. State elected officials
C. Federal elected officials
D. Environmental groups or other
active citizens groups
E. EPA regional contacts
F. State environmental and health
officials
G. Local environmental, health, and
safety officials (police chief, fire
chief, etc.)
H. Media contacts
1. Local newspapers, including city
desk and display advertising
2. Local radio stations with popular
newscasts
3. Local broadcast TV stations
with local news programming
4. Local cable access TV stations
5. Web sites and email groups
I. Local outlets, such as businesses
and churches that have agreed to
post notices or serve as a
distribution point for notices and
information
This section consolidates the contact
information for all stakeholders to make it
easier to share information.
VL Appendix: Meeting Locations
and Repositories
Locations for public meetings should be
handicapped-accessible. Appropriate
considerations include high school gyms and
auditoriums, public library meeting rooms,
town halls or other local government
facilities, and local churches.
Information repositories also should be
handicapped-accessible, and should be
accessible to the general public at least a
couple of evenings a week and, ideally,
Saturdays.
This section should include the address of
the facilities as well as name and phone
number of the point of contact.
Reference Guide for Public Involvement in Environmental Permits
4-28
-------
Section 5 - Resources
U.S. Environmental
Protection Agency Regions
Region 1 (ME, NH, VT, MA, ffl, CT)
Environmental Protection Agency
One Congress Street, Suite 1100
Boston, MA 02114-2023
Phone:(617)918-1111
Fax: (617) 565-3660
Region 2 (NY, NJ, PR, VI)
Environmental Protection Agency
290 Broadway
New York, NY 10007-1866
Phone:(212)637-3000
Fax: (212) 637-3526
Region 3 (PA, DE, DC, MD, VA, WV)
Environmental Protection Agency
1650 Arch St.
Philadelphia, PA 19013-2029
Phone : (215) 814-5000
Fax: (215 814-5103
Region 4 (KY, TN, NC, SC, MS, AL,
GA,FL)
Environmental Protection Agency
Atlanta Federal Center
6 IForsyth Street, SW
Atlanta, GA 30303-3104
Phone: (404) 562-9900
Fax:(404)562-8174
Region 5 (MN, WI, IL, MI, IN, OH)
Environmental Protection Agency
77 West Jackson Boulevard
Chicago, IL 60604-3507
Phone:(312)353-2000
Fax:(312)353-4135
Region 6 (NM, TX, OK, AR, LA)
Environmental Protection Agency
Fountain Place 12th Floor, Suite 1200
1445 Ross Avenue
Dallas, TX 75202-2733
Phone : (214)665-2200
Fax:(214)665-7113
Region 7 (NE, KS, IA, MO)
Environmental Protection Agency
901 North 5th Street
Kansas City, KS 66101
Phone: (913) 551-7003
Fax:(913)551-7467
Region 8 (MT, ND, WY, SD, UT, CO)
Environmental Protection Agency
999 18th Street Suite 500
Denver, CO 80202-2466
Phone:(303)312-6312
Fax: (303) 312-6339
Region 9 (CA, NV, AZ, ffl)
Environmental Protection Agency
75 Hawthorne Street
San Francisco, CA 94105
Phone:(415)744-1305
Fax:(415)744-2499
Region 10 (WA, OR, ID, AK)
Environmental Protection Agency
1200 Sixth Avenue
Seattle, WA 98101
Phone : (206) 553-1200
Fax: (206) 553-0149
U.S. Environmental
Protection Agency Regional
Tribal Program
Mangers/Coordinators
Region 1
Regional Indian Program Manager
EPA Region 1 (CSP)
1 Congress Street, Suite 1100
Boston, MA 02114
617-918-1672
Fax 617-918-1505
Region 2
Indian Coordinator
EPA Region 2 (2PM-E1)
290 Broadway
New York, NY 10007-1866
212-637-3564
Indigenous Subcommittee
212-637-3790/Fax 637-3772
Region 4
Indian Coordinator
EPA Region 4 (AMB)
61 Forsyth Street, SW
Atlanta, GA 30303-8930
404-562-9639/Fax 562-9598
Region 5
Indian Coordinator
EPA Region 5 (R 19 J)
77 W. Jackson Boulevard
Chicago, IL 60604-3507
312-353-1394/Fax 353-1120
Region 6
Indian Coordinator
EPA Region 6 (6XA)
1445 Ross Avenue
12th Floor, Suite 1200
Dallas, TX 75202-2733
214-665-6778/Fax 665-2118
Lead Coordinator
EPA Region 6
1445 Ross Avenue
12th Floor, Suite 1200
Dallas, TX 75202-2733
214-665-8110/Fax 665-2118
Region 7
Indian Coordinator
EPA Region 7
901 North Fifth Street
Kansas City, KS 66101
913-551-7539/Fax 551-7863
Reference Guide for Public Involvement in Environmental Permits
5-1
-------
Region 8
Tribal Manager
EPA Region 8 (80EA)
999 18th Street, Suite 500
Denver, CO 80202-2466
303-312-6343/Fax 312-6741
Region 9
Tribal Program Manager
EPA Region 9 (E-4)
75 Hawthorne Street
San Francisco, CA 94105
415-744-1607/Fax 744-1604
justice into EPA's policies, programs,
and activities throughout the Agency;
serves as the point of contact for
environmental justice outreach and
educational activities; provides technical
and financial assistance. The Office also
serves as the lead on the Interagency
Working Group of other federal agencies
to incorporate environmental justice into
all federal programs. SeeOEJ'sweb
page
http://www.epa.gov/oeca/main/ei/index.
html or call 202-564-2606
Services include: the hotline for
direct access to EPA experts;
detailed technical assistance for
more in-depth evaluations or
information; and general technical
guidance in the form of documents,
reports and training materials related
to health, risk and exposure
assessment. Air Risk documents
are available on the Unified Air
Toxic Website
http: //www. epa.gov/ttnuatwl /hapin
dex.html
Region 10
Tribal Office Director
EPA Region 10
1200 Sixth Avenue
Seattle, WA 98101
206-553-6220/Fax 553-6647
American Indian
Environmental Office
The American Indian Environmental
Office (AIEO) coordinates the
Agency-wide effort to strengthen public
health and environmental protection in
Indian country, with a special emphasis
on building tribal capacity to administer
their own environmental programs.
AIEO oversees development and
implementation of EPA's Indian Policy
and strives to ensure that all EPA
Headquarters and Regional Offices fulfill
EPA's trust responsibility to protect
tribal health and environments and work
with tribes on a
government-to-government basis. For
more information and specific contacts,
see AIEO's web page
http://www.epa.gov/indian or call
202-260-7939.
The Office of Environmental
Justice
The Office of Environmental Justice
(OEJ) under EPA's Office of
Enforcement and Compliance (OECA),
oversees the integration of environmental
Draft Guide on Consultation and
Collaboration with
Indian Tribal Governments
And the Public Participation of
Indigenous Groups and Tribal
Citizens This document was created by
the Indigenous Peoples Subcommittee
(IPS) of the National Environmental
Justice Advisory Council (NEJAC), a
federal advisory council to the EPA.
This document is intended to serve as a
resource for a broad audience involved
with environmental justice issues
relating to federally recognized tribal
governments. For more information
contact:
IPS Designated Federal Official
OEJ (2201-A)
200 Pennsylvania Avenue, NW
Washington, DC 20460
202-564-2576
EPA Telephone Hotlines
Air Risk Information Support Center
(RISC)
Hours of Service: Monday to Friday,
8:00 a.m. to 5:00 p.m. EST
Telephone: 919-541-0888 /
919-541-5742 to connect to Technology
Transfer Network
The Air RISC provides technical
assistance and information in areas of
health, risk, and exposure assessment
for toxic and criteria air pollutants.
The Air RISC was developed to
assist state and local air pollution
control agencies and EPA Regional
offices with technical matters
pertaining to health, exposure, and
risk assessment of air pollutants.
Services to others may be limited or
provided on a cost reimbursable
basis.
Clean Air Technology Center
(CATC)
Hours of Service: Monday to
Friday, 8:30 a.m. to 4:30 p.m. EST
Telephone: 919-541-0800
Website:
http://www.epa.gov/ttn/catc/
The CATC provides technical
support and assistance to state and
local agencies and others in
evaluating air pollution problems
and pollution prevention and
control technology applications at
stationary air pollution sources.
Services include: A telephone
HOTLINE to provide rapid access
to EPA expertise and information;
short term engineering assistance to
resolve source specific issues;
technical guidance documents, case
studies, and computer software
tools; and an internet world wide
web site (CATC Web), which
provides around-the-clock access to
CTC services and products.
Reference Guide for Public Involvement in Environmental Permits
5-2
-------
The CATC includes EPA's
RACT/BACT/LAER Clearinghouse
(RBLC) and Federal Small Business
Assistance Program (SBAP), and
provides products developed by and
access to the International Technical
Information Center for Global
Greenhouse Gases. The CTC also
sponsors and operates the U.S. Mexico
Border Information center on Air
Pollution/Contro de Informacion Sobre
Contaminecion deAire (CICA), a
bilingual HOTLINE and WEBSITE that
supports EPA's Mexican Border
Initiative.
Hazardous Waste Ombudsman
Program
Hours of Service: Monday to Friday,
8:00 a.m. to 5:30 p.m. EST
Telephone: 202-260-93617
800-262-7937
The hazardous waste programs managed
by OSWER are some of the most
complex developed by EPA. The
Ombudsman assists the public and
regulated community in resolving
problems concerning any requirement
under these hazardous waste programs.
The Ombudsman Program, located
principally within the Headquarters
office, handles complaints from citizens
and the regulated community, obtains
facts, sorts information, substantiates
policy, and engages in dispute
resolution, shuttle diplomacy functions,
and formal investigations.
Inspector General Hotline
Hours of Service: Monday to Friday,
10:00 a.m. to 3:00 p.m. EST
Telephone: 202-260-4977
1-888-546-8740
Website:
http://www.epa.gov/oigearth/hotline.htm
The Inspector General Hotline was
established to receive and control
complaints alleging fraud, waste, abuse,
or mismanagement within the
Environmental Protection Agency.
This information is provided to increase
federal and public awareness and make
available resources to report fraud,
waste, abuse and mismanagement.
Resource Conservation and Recovery
Act/Underground Storage Tank,
Superfund and EPCRA Hotline
Hours of Service: Monday to Friday,
9:00 a.m. to 6:00 p.m. EST
Telephone: 800-424-9346,
703-412-9810 (within the Washington,
DC area, or international calls);
800-53-7672 TDD line for the
hearing-impaired
Website:
http: //www. epa. go v/epao swer/hotline/
This hotline provides information about
the regulations, programs and related
documents for the following
environmental statutes (translation is
available for Spanish-speaking callers):
Resource Conservation and Recovery
Act (RCRA) - federal procurement of
products that contain recycled material;
hazardous waste generators and
transporters; land disposal restrictions;
municipal solid waste landfill criteria;
solid and hazardous waste recycling;
treatment, storage and disposal
facilities; waste minimization and
hazardous waste combustion;
underground storage tanks.
Comprehensive Environmental
Response Compensation and Liability
Act (CERCLA, or Superfund) -
applicable or relevant and appropriate
requirements (ARARs); the National
Contingency Plan (NPL); radiation site
cleanup regulations; reportable
quantities for hazardous substances.
Emergency Planning and Community
Right-to-Know Act
(EPCRA)/Superfund Amendments
Reauthorization Act (SARA) Title
III - emergency planning; hazardous
chemical inventory reporting; public
access to chemical information;
toxic chemical release reporting and
the Form R; the toxic release
inventory (TRI) database.
Safe Drinking Water Hotline
Hours of Service: Monday to
Friday, 9:00 a.m. to 5:30 p.m. EST,
except federal holidays.
Telephone: 800-426-4791
E-mail:
hotline-sdwa@epamail.epa.gov
Website:
http://www.epa.gov/OGWDW/drin
klink.html
The SDW Hotline provides
information about EPA's drinking
water regulations and other related
drinking water and ground water
topics to the regulated community,
state and local officials, and the
public.
The Hotline clarifies drinking water
regulations, provides appropriate 40
CFR and Federal Register citations,
explains EPA-provided policies and
guidelines and gives update
information on the status of
regulations. The Hotline can also
provide state and local contacts.
The Hotline can take orders for
EPA drinking water publications or
(if the publication is not available
from the Office of Water) refer
callers to the appropriate ordering
organization.
Inquiries on EPA's drinking water
program, regulations, and standards
are now accepted via email. For
more information on email access to
the hotline, contact Beth Hall at
hall.beth@epamail.epa.gov. The
Safe Drinking Water (SDW) Hotline
assists both the regulated
Reference Guide for Public Involvement in Environmental Permits
5-3
-------
community (public water systems) and
the public with their understanding of
the regulations and programs developed
in response to the Safe Drinking Water
Act Amendments of 1986.
Drinking Water publications (for
example, fact sheets, pamphlets, health
advisories, and so forth) may be
requested through the Safe Drinking
Water Hotline or may be ordered from
EPA's Office of Water Resource Center
at (202) 260-7786.
Small Business Ombudsman
Clearinghouse/Hotline
Hours of Service: Message recorder is on
24 hours a day.
Telephone: 703-305-59387
800-368-5888
Website: http://www.epa.gov/sbo/
The mission of the EPA Small Business
Ombudsman Clearinghouse/Hotline is to
provide information to private citizens,
small communities, small business
enterprises, and trade associations
representing the small business sector
regarding regulatory activities. Mailings
are made to update the audience on
recent regulatory actions. Special
attention is directed to apprizing the
trade associations representing small
business interests with current
regulatory developments. Technical
questions are answered following
appropriate contacts with program
office staff members. Questions
addressed cover all media program
aspects within EPA. Inquiries are
received by mail, telephone, and fax.
Stratospheric Ozone Information
Hotline
Hours of Service: Monday to Friday,
10:00 a.m. to 4:00 p.m. EST
Telephone: 800-296-1996
Website:
http://www.epa.gov/ozone/index.html
The Stratospheric Ozone Information
Hotline offers consultation on ozone
protection regulations and requirements
under Title VI of the Clean Air Act
Amendments (CAAA) of 1990. Title VI
covers the following key aspects of the
production, use, and safe disposal of
ozone-depleting chemicals: 1)
production phaseout and controls; 2)
servicing of motor vehicle air
conditioners; 3) recycling and emission
reduction; 4) technician and equipment
certification; 5) approval of alternatives;
6) a ban of nonessential uses; 7) product
labeling; and 8) federal procurement.
The hotline is a distribution center and
referral point for information on other
general aspects of stratospheric ozone
depletion and its protection. The hotline
maintains a library of relevant policy
and science documents, reports, articles,
and contact lists.
The hotline was developed to assist and
educate the regulated community on
requirements under Title VI of the Clean
Air Act Amendments of 1990.
Wetlands Information Hotline
Hours of Service: Monday to Friday,
9:00 a.m. to 5:30 p.m. EST
Telephone: 800-832-7828
Website:
http://www.epa.gov/OWOW/wetlands/
wetline.html
The Environmental Protection Agency's
Wetlands Protection Hotline responds
to requests for information regarding the
values and functions of wetlands and
options for their protection. The
Hotline acts as a central point of contact
for the Wetlands Division of the Office
of Wetlands, Oceans, and Watersheds to
provide a wide range of information on
wetlands protection efforts involving
EPA and other organizations. In
addition, the Hotline uses an extensive
contact list to direct callers to additional
sources of information or to appropriate
regulatory agencies for assistance.
The Hotline also provides
information on the availability of
wetlands related documents and
accepts requests for certain
wetlands publications.
RCRA Information Center
(RIC)
This section contains reproductions
of a brochure produced by EPA for
users of the RCRA Information
Center (RIC). This brochure
describes the RIC, its purpose, and
services. In addition, the brochure
provides information about various
hotlines and dockets related to solid
and hazardous waste management
and clean-up.
Other EPA information related to
permitting and public participation
can be found on the Internet at:
http://www.epa.gov. Using the
EPA Headquarters home page you
can access the home pages for each
of the ten EPA Regional Offices as
well as policy and regulatory
information. The RCRA
information at the headquarters
home page is available through the
RCRA Hotline (see brochure
below). Also, many businesses and
facilities have information available
on the Internet.
Congress passed the Resource
Conservation and Recovery Act
(RCRA) in 1976 to create a
framework for the proper
management of hazardous and
nonhazardous solid waste. The Act
is continuously evolving as
Congress amends it to reflect the
nation's changing solid waste needs.
For each modification to the Act,
EPA develops regulations that spell
out how the statue's broad policies
are to be carried out. The RCRA
Reference Guide for Public Involvement in Environmental Permits
5-4
-------
Information Center (RIC) was formed to
house both documents used in writing
these regulations as well as EPA
publications produced for public
guidance on solid waste issues.
The documents stored in the RIC are
divided into two basic categories: (1)
documents involved in various stages of
rulemaking; and (2) general documents
discussing the various aspects of
recycling, treatment, and disposal of
hazardous and solid waste.
What are the Main Sources of
Rulemaking Dockets?
• Docket files generated from
RCRA-related rulings. Each file is
composed of two sections: (1)
technical support documents that
were used by EPA in the
development of the particular rule;
and (2) comments from companies,
individuals, environmental
organizations, and various levels of
government.
• Reprints of Federal Registers
containing RCRA-related issues.
• Administrative Records, which are
rulemaking documents that have
undergone litigation.
What are the Main Sources of General
Documents/Collections?
• Catalog of Hazardous and Solid
Waste Publications, which lists the
RIC's most popular documents. The
catalog is updated periodically.
• Guidance documents, which provide
directions for implementing the
regulations for disposal and
treatment of hazardous and solid
wastes.
• Brochures, booklets, and executive
summaries of reports concerning
waste reduction and disposal issues
surrounding solid and hazardous
wastes.
A historical collection of Office of
Solid Waste documents.
• Selected Office of Solid Waste
correspondence written by EPA
officials in response to questions
from organizations and individuals
concerning hazardous and solid
waste regulations.
• Health and Environmental Effects
Profiles (HEEPs) and Health and
Environmental Effects Documents
(HEEDs).
Hours and Location
• The RIC is open to the public from
9:00 a.m. to 4:00 p.m., Monday
through Friday.
• The RIC is located at:
Crystal Gateway 1, First Floor
1235 Jefferson Davis Highway
Arlington, VA
• It is recommended that visitors
make an appointment so that the
material they wish to view is ready
when they arrive.
• Patrons may call for assistance at
703 603-9230, send a fax to 703
603-9234, or send an e-mail to
rcra-docket@epamail. epa. go v.
• Patrons may write to the following
address:
RCRA Information Center (5305W)
U.S. Environmental Protection
Agency
401M Street, SW
Washington, DC 20460
(Please note that this address is for
mailing purposes only.)
Photocopying and Microfilming
Many documents are available only
in the original and, therefore, must
be photocopied. Patrons are
allowed 100 free photocopies
Thereafter they are charged 15 cents
per page. When necessary, an
invoice stating how many copies
were made, the cost of the order,
and where to send a check will be
issued to the patron.
Documents also are available on
microfilm. The RIC staff help
patrons locate needed documents
and operate the microfilm machines.
The billing fee for printing microfilm
documents is the same as for
photocopying documents.
Patrons who are outside of the
metropolitan Washington, DC, area
can request documents by
telephone. The photocopying and
microfilming fee is the same as for
walk-in patrons. If an invoice is
necessary, RIC staff can mail one
with the order.
Reference Guide for Public Involvement in Environmental Permits
5-5
-------
Additional EPA Sources of
Hazardous and Solid Waste
Information
OSW Methods Information
Communication Exchange (MICE)
Hours of Service: Message recorder is
on 24 hours a day.
Telephone: 703 821-4690
Website:
http: //www. epa.gov/epao swer/haz waste
/test/txmice.htm
A telephone service implemented by the
EPA Office of Solid Waste to answer
technical questions on test methods used
on organic and inorganic chemicals.
These tests are discussed in the EPA
document Test Methods for Evaluat-ing
Solid Waste: Physical/Chemical
Methods (Document Number: SW-846).
Patrons can call MICE 24 hours a day
and are requested to leave a message
stating their name, organization,
telephone number, and an explanation of
what they need. Questions are usually
answered within one business day.
Underground Storage Tank Docket
Hours of Service: Monday to Friday,
9:00 a.m. to 4:00 p.m. EST
Telephone: 703 603-9231
Website:
http://www.epa.gOV/swerustl/resource/d
ocket.htm
Provides documents and regulatory
information pertinent to RCRA's
Subtitle I (the Underground Storage
Tank program).
Superfund Docket
Hours of Service: Monday to Friday,
9:00 a.m. to 4:00 p.m. EST
Telephone: 703 603-9232
Website:
http://www.epa.gov/oerrpage/superfund
/contacts/docket.htm
Provides rulemaking material pertinent
to the Superfund Program and the
Comprehensive Environmental
Response, Compensation, and Liability
Act (CERCLA).
Pollution Prevention Information
Clearinghouse (PPIC)
Hours of Service: Monday to Friday,
8:30 a.m.- 4:00 p.m. EST
Telephone: 202260-1023
Website:
http://www.epa.gov/opptintr/cbep/actlo
cal/ppic-17.htm
A center for dissemination of pollution
prevention information. PPIC's services
include document distribution, access to
a circulating and periodicals collection,
and outreach.
Headquarters
Information/Resources Center
Hours of Service: Monday to Friday,
8:00 a.m. to 5:00 p.m. EST for phone
calls,
Telephone: 202260-5922
Fax:202260-5153
E-mail: library-hq@epa.gov
Provides general, nontechnical
environmental information through its
brochures, booklets, and pamphlets.
EPA Headquarters Library
Hours of Service: Monday to
Friday, 9:00 a.m. to 5:00 p.m. EST
for phone calls,
10:00 a.m. to 2:00 p.m. EST for
walk-in visitors
Reference Desk: 202 260-5921
Interlibrary Loan Desk: 202
260-5933
Website:
http://www.epa.gov/natlibra/specso
rt.htm
The Headquarters Library is the
reference library for the Agency.
It offers a broad range of sources of
environmental information including
reports from various EPA offices
and trade and environmental
journals. The collection also
features departments such as the
"Water Collection," the "Hazardous
Waste Collection," and "Infoterra,"
which accommodates foreign
patrons' requests.
Reference Guide for Public Involvement in Environmental Permits
5-6
-------
Additional Website Resources
Ocean and Coastal Protection Division homepage is located at
http://www.epa.gov/owow/oceans/.
Additional information regarding the 403 program (modified
NPDES permits for discharges into the territorial seas) and
301(h) program (modifications of secondary treatment for
POTWs NDPES permits) is located at
http://www.epa.gov/owow/oceans/regs/index.html
Social Aspects of Siting RCRA Hazardous Waste Facilities
http://www.epa.gov/epaoswer/hazwaste/tsds/site/k00005.pdf
Internet Links to EPA and State Homepages
The homepages listed below can provide a wealth of
information and documents about permitting in air, water, and
waste programs at EPA as well as in the states. Each state's
environmental agency organization varies. For example, some
states such as California, have air, water, and waste programs
located in different agencies within the state government. Some
states have very limited environmental agency functions. In
addition, some states have limited information available on the
internet. In nearly every case, however, there is a list of
agency contacts that refer you to the appropriate person or
office that manages air, water, or waste programs for the state.
EPA Headquarters
http://www.epa.gov
http: //www. epa. go v/regionO 1 /
EPA Region 1
Connecticut
http: //dep. state, ct.us/
Maine
http: //www. state. me. us/dep/mdephome .htm
Massachusetts
http: //www. magnet, state .ma. us/dep/dephome .htm
New Hampshire
http://www.state.nh.us/des/descover.htm
Rhode Island
http://www.state.ri.us/dem/
Vermont
http://www.anr.state.vt.us/fguide/fguide4.htm
EPA Region 2 http://www.epa.gov/region02/
New Jersey
http: //www. state. nj. us/dep/
New York
http://unix2.nysed.gov/ils/executive/encon/dec007.htm
Puerto Rico
Not Available
Virgin Islands
http://www.gov.vi/pnr/
EPA Region 3 http://www.epa.gov/region03/
Delaware
http: //www. dnrec. state. de. us/
District of Columbia
Not Available
Maryland
http://www.mde. state.md.us/
Pennsylvania
http: //www. dep. state. pa. us/dep/dep. html
Virginia
http://www.deq.state.va.us/
West Virginia
http://www.dep.state.wv.us/
EPA Region 4 http://www.epa.gov/region04/
Alabama
http://www.adem.state.al.us/
Florida
http://www.dep.state.fl.us/
Georgia
http: //www. ganet. org/dnr/environ/
Kentucky
http://www.nr.state.ky.us/nrepc/dep/dep2.htm
Mississippi
http://www.deq.state.ms.us/
North Carolina
http: //www. ehnr. state. nc .us/EHNR/
South Carolina
http: //www. state. sc .us/dhec/eqc/
Tennessee
http: //www. state. tn. us/environment/
Reference Guide for Public Involvement in Environmental Permits
5-7
-------
EPA Region 5 http://www.epa.gov/region5/ EPA Region 9 http://www.epa.gov/region09/
Illinois Arizona
http://www.epa.state.il.us/ http://www.adeq.state.az.us/
Indiana California
http://www.ai.org/idem/index.html http://www.ca.gOV/s/environ/
Michigan Hawaii
http://www.deq.state.mi.us/ http://www.hawaii.gov/health/
Minnesota Nevada
http://www.pca.state.mn.us/netscape.shtml http://www.state.nv.us/ndep/
Ohio American Samoa
http://www.epa.ohio.gov/ Not Available
Wisconsin Guam
http://www.dnr.state.wi.us/ http://ns.gov.gu/government.html
Northern Marianas Islands
EPA Region 6 http://www.epa.gov/region06/ Not Available
Arkansas
http://www.state.ar.us/ EPA Region 10 http://www.epa.gov/regionlO/
Louisiana Alaska
http://www.deq.state.la.us/ http://www.state.ak.us/local/akpages/ENV.CONSERV/home.ht
New Mexico m#menu
http://www.nmenv.state.nm.us/ Idaho
Oklahoma http://www.state.id.us/deq/
http://www.state.ok.us/osfdocs/envirhp.html Oregon
Texas http://www.deq.state.or.us/
http://www.tnrcc.state.tx.us/ Washington
http://www.wa.gov/ecology/
EPA Region 7 http: //www. epa. gov/region07/
Iowa Tribal Links
http://www.state.ia.us/epd/
Kansas EPA's American Indian Environmental Office
http://www.ink.org/public/kdhe/environ.html http://www.epa.gov/indian
Missouri
http://www.dnr.state.mo.us/deq/homedeq.htm Office of Air and Radiation Tribal Air Homepage
Nebraska http://www.epa.gov/oar/tribal
http: //www. deq. state. ne. us/
Municipal Solid Waste Management in Indian Country
EPA Region 8 http://www.epa.gov/region08/ http://www.epa.gov/tribalmsw
Colorado
http://www.cdphe.state.co.us/cdphehom.asp Office of Enforcement and Compliance Assurance Tribal
Montana Program
http://www.deq.state.mt.us/ http://es.epa.gov/oeca/tribal
North Dakota
http://www.ehs.health.state.nd.us/ndhd/ Region 2 Indian Program
South Dakota http://www.epa.gov/region2/nations/indianl.htm
http://www.state.sd.us/state/executive/denr/denr.html
Utah Region 5 Tribal Homepage
http://www.eq.state.ut.us/ http://www.epa.gov/reg5oopa/tribes
Wyoming
http://deq.state.wv.us/ Region 6 Native American Office
http://www.epa.gov/earthlr6/6xa/tribal/tribal.htm
Reference Guide for Public Involvement in Environmental Permits 5-8
-------
Region 8 Tribal Assistance Program
http://www.epa.gov/region8/coop/tribe/tap.html
Region 9 Indian Programs
http://www.epa.gov/region09/crossj3r/indian/index.html
Region 10 Tribal Office Homepage
http: //epainotes 1 .rtpnc .epa. gov: 7777/rl 0/tribal.NSF/webpage/t
ribal+office+homepage
Reference Guide for Public Involvement in Environmental Permits 5-9
-------
Section 6 - Acronyms and Glossary
ACRONYMS
BDAT Best Demonstrated Available Technology NOAA
BMP Best Management Practice NOI
BOD Biological Oxygen Demand NPDES
BRS Biennial Reporting System NRC
CAA Clean Air Act NSPS
CEQ Council on Environmental Quality NSR
CFCs Chlorofluorocarbons NTT
CFR Code of Federal Regulations O3
CMS Corrective Measures Study OAR
CSO Combined Sewer Overflow OEA
CWA Clean Water Act ORD
CZMP Coastal Zone Management Plan OSW
DEIS Draft Environmental Impact Statement OSWER
DO Dissolved Oxygen OUST
DQO Data Quality Objective PAMS
DU Dobson Unit(s) PCB
EA Environmental Assessment PFCs
EID Environmental Information Documents PM-10
EIS Environmental Impact Statement
EPA Environmental Protection Agency POTW
FACA Federal Advisory Committee Act PSD
FCCC Framework Convention on Climate Change QAPP
FEIS Final Environmental Impact Statement RACT
FONSI Finding of No Significant Impact RCRA
FPPA Farmland Protection Policy Act RCRIS
FWPCA Federal Water Pollution Control Act (now
amended and commonly known as the CWA) RFA
HAP Hazardous Air Pollutants RFI
HFCs Hydrofluorocarbons ROD
HHW Household Hazardous Waste SDWA
HON Hazardous Organic NESHAP SIC
HSWA Hazardous and Solid Waste Amendments SIP
IPCC Intergovernmental Panel on Climate Change TMDL
LAER Lowest Achievable Emission Rates TRE
MACT Maximum Achievable Control Technology TRI
MSW Municipal Solid Waste TSD
NESHAP National Emission Standard for Hazardous Air TSDF
Pollutants TSP
NAAQS National Ambient Air Quality Standard UIC
NCAPS National Corrective Action Prioritization System USDW
NCPDI National Coastal Pollutant Discharge Inventory UST
NEPA National Environmental Policy Act VOC
NESHAP National Emission Standards for Hazardous Air WPA
Pollutants WQ
NOA Notices of Availability WQS
National Oceanic and Atmospheric Administration
Notices of Intent
National Pollutant Discharge Elimination System
National Research Council
New Source Performance Standards
New Source Review
National Toxics Inventory
Ozone
Office of Air and Radiation
Office of External Affairs
Office of Research and Development
Office of Solid Waste
Office of Solid Waste and Emergency Response
Office of Underground Storage Tanks
Photochemical Assessment Monitoring Stations
Polychlorinated Biphenyl
Perfluorinated Carbons
Particulate Matter (diameter of 10 micrometers or
less)
Publicly Owned Treatment Works
Prevention of Significant Deterioration
Quality Assurance Project Plan
Reasonable Available Control Technology
Resource Conservation and Recovery Act
Resource Conservation and Recovery Information
System
RCRA Facility Assessment
RCRA Facility Investigation
Record of Decision
Safe Drinking Water Act
Standard Industrial Classification
State Implementation Plan
Total Maximum Daily Load
Toxicity Reduction Evaluation
Toxic Release Inventory
Treatment, Storage, and Disposal
Treatment, Storage, and Disposal Facility
Total Suspended Particulates
Underground Injection Control
Underground Sources of Drinking Water
Underground Storage Tank
Volatile Organic Compounds
Watershed Protection Approach
Water Quality
Water Quality Standard
Reference Guide for Public Involvement in Environmental Permits
6-1
-------
Acronym Sources
1) Clean Water Act Section
403 Report to Congress
Phase II - Point Source Discharges Inside the Baseline
EPA Office of Water
EPA842-R-94-001
2) 1995 National Air Quality: Status and Trends
EPA Office of Air and Radiation
Air Quality Trends Analysis Group (AQTAG)
Research Triangle Park, NC 27711
(Published Annually)
3) Air Quality Trends - 1994 (ACRONYMS)
EPA-454/F-95-003
EPA Office of Air and Radiation (OAR)
Office of Air Quality Planning and Standards
Research Triangle Park, NC 27711
4) Office of Water, Ocean and Coastal Protection Division
Internet Home Page:
http://www.epa.gov/OWOW/OCPD/
5) 40 CFR Parts 6, 70, 71,124,233
Reference Guide for Public Involvement in Environmental Permits 6-2
-------
GLOSSARY
Air Pollutant
Acid Deposition
Air pollution produced when acid chemicals are incorporated
into rain, snow, fog, or mist. See also acidic pollution in the
parks.
Adverse Impact
A determination that an air-quality related value is likely to be
degraded within a Class I area. See also Clean Air Act.
Aerometric Information Retrieval System
(AIRS)
A computer-based repository of US air pollution information
administered by the EPA Office of Air Quality Planning and
Standards.
Aerosol
A suspension of microscopic solid or liquid particles in air. See
also haze, particulate matter.
Air Pollution
Degradation of air quality resulting from unwanted chemicals
or other materials occurring in the air. See also air pollutant.
Air Quality (in context of the national parks)
The properties and degree of purity of air to which people and
natural and heritage resources are exposed.
Air Pollution Control Permitting Process
Process by which facilities are permitted to emit specified
types and quantities of air pollutants air quality related values
(AQRVs): values including visibility, flora, fauna, cultural and
historical resources, odor, soil, water, and virtually all
resources that are dependent upon and affected by air quality.
"These values include visibility and those scenic, cultural,
biological, and recreation resources of an area that are affected
by air quality" (43 Fed. Reg. 15016).
An unwanted chemical or other material found in the air. See
also air pollution.
AIRWeb
Air Resources Web, a US National Park-focused air quality
information retrieval system developed by the Air Resources
Division of the National Park Service.
Ambient Air
Air that is accessible to the public.
Aquatic Ecosystem
Bodies of water, including wetlands, that serve as the habitat
for interrelated and interacting communities and populations of
plants and animals.
Aquatic Environment
The geochemical environment in which dredged material is
submerged under water and remains water saturated after
disposal is completed.
Attainment Area
A geographic area in which levels of a criteria air pollutant meet
the health-based National Ambient Air Quality Standard for
that specific pollutant.
Baseline
Belt of the seas measured from the line of ordinary low water
along that portion of the coast that is in direct contact with the
open sea and the line marking the seaward limit of inland
waters (see Figure 1-1 in the main text).
Beneficial Uses
Placement or use of dredged material for some productive
purpose. Beneficial uses may involve either the dredged
material or the placement site as the integral component of the
beneficial use.
Reference Guide for Public Involvement in Environmental Permits
6-3
-------
Best Available Control Technology (BACT)
CERCLA (Superfund)
An emission limitation based on the maximum degree of
reduction for each pollutant, that must be applied by sources
subject to the Prevention of Significant Deterioration program.
Bioaccumulation
The accumulation of contaminants in the tissues of organisms
through any route, including respiration, ingestion, or direct
contact with contaminated water, sediment, or dredged
material.
Biological Effects
Ecological studies to determine the nature or extent of air
pollution injury to biological systems. See also biological
effects pages.
By-Product Material
A material that is not one of the primary products of a
production process. Examples of by-products are process
residues such as slags or distillation column bottoms.
Camera
Device for recording visual range on film.
Capping
The controlled, accurate placement of contaminated material at
an open-water site, followed by a covering or cap of clean
isolating material.
Carbon Monoxide
A criteria air pollutant that is a colorless, odorless, poisonous
gas produced by incomplete combustion; particularly,
incomplete burning of carbon-based fuels e.g. gasoline, oil, and
wood.
Categorical Exclusion (CATEX)
Categories of actions which normally do not individually or
cumulatively have a significant effect on the human
environment and for which, therefore, an EA or an EIS is not
required.
Passed in 1980, the Comprehensive, Emergency Response, and
Compensation and Liability Act (also known as Superfund)
addresses immediate and long term threats to the public health
and the environment from abandoned or active sites
contaminated with hazardous or radioactive materials.
Class I
Areas of the country set aside under the Clean Air Act to
receive the most stringent degree of air quality protection. See
also class II.
Class II
Areas of the country protected under the Clean Air Act, but
identified for somewhat less stringent protection from air
pollution damage than class I, except in specified cases.
Class V UIC Rule
A rule under development covering wells not included in Class
I, II, III or IV in which nonhazardous fluids are injected into or
above underground sources of drinking water.
Clean Water Act (CWA)
CWA, formally referred to as the Federal Water Pollution
Control Act or Federal Water Pollution Control Act
Amendments of 1972, was passed to prohibit the discharge of
any pollutant waters of the U.S. from a point source unless the
discharge was authorized by a NPDES permit.
Clean Fuels
Low-pollution fuels that can replace ordinary gasoline,
including gasohol, and natural and LP gas.
Clean Air Act
Originally passed in 1963, our current national air pollution
control program is based on the 1970 version of the law.
Substantial revisions were made by the 1990 Clean Air Act
Amendments.
Coastal Zone
Includes coastal waters and the adjacent shorelands designated
by a state as being included within its approved coastal zone
Reference Guide for Public Involvement in Environmental Permits
6-4
-------
management program. The coastal zone may include open
waters, estuaries, bays, inlets, lagoons, marshes, swamps,
mangroves, beaches, dunes, bluffs, and coastal uplands.
Coastal-zone uses can include housing, recreation, wildlife
habitat, resource extraction, fishing, aquaculture,
transportation, energy generation, commercial development,
and waste disposal.
Commercial Chemical Product
A chemical substance that is manufactured or formulated for
commercial or manufacturing use.
Community Water System
A public water system that serves at least 15 service
connections used by year-round residents of the area served by
the system or regularly serves at least 25 year-round residents.
Comprehensive State Ground Water Protection
Program
The program consists of a set of six strategic activities which
foster more efficient and effective ground water protection
through more cooperative, consistent, and coordinated
operation of all relevant federal, state and local programs
within a state. The activities include establishing goals, setting
priorities, defining authorities, implementing programs,
coordinating information collection and management, and
operating public education and participation activities.
Confined Disposal
Placement of dredged material within diked nearshore or upland
confined disposal facilities (CDFs) that enclose the disposal
area above any adjacent water surface, isolating the dredged
material from adjacent waters during placement. Confined
disposal does not refer to subaqueous capping or contained
aquatic disposal.
Confined Disposal Facility (CDF)
An engineered structure for containment of dredged material
consisting of dikes or other structures that enclose a disposal
area above any adjacent water surface, isolating the dredged
material from adjacent waters during placement. Other terms
used for CDFs that appear in the literature include "confined
disposal area," "confined disposal site," and "dredged material
containment area."
Conservation Easements
Easements are an interest in land that entitles a person to use
the land possessed by another (affirmative easement), or to
restrict uses of the land subject to the easement (negative
easement). A conservation easement restricts the owner to uses
that are compatible with conservation environmental values.
Easements are governed by state laws and thus there are
variations among the states in how they are administered.
Contained Aquatic Disposal
A form of capping which includes the added provision of some
form of lateral containment (for example, placement of the
contaminated and capping materials in bottom depressions or
behind subaqueous berms) to minimize spread of the materials
on the bottom.
Container
Any portable device in which a material is stored, transported,
treated, disposed of, or otherwise handled.
Contaminant
A chemical or biological substance in a form that can be
incorporated into, onto, or be ingested by and that harms
aquatic organisms, consumers of aquatic organisms, or users of
the aquatic environment.
Contaminated Sediment or Contaminated
Dredged Material
Contaminated sediments or contaminated dredged materials are
defined as those that have been demonstrated to cause an
unacceptable adverse effect on human health or the
environment.
Contamination Source Inventory
The process of identifying and inventorying contaminant
sources within delineated SWPAs through recording existing
data, describing sources within the SWPA, targeting likely
sources for further investigation, collecting and interpreting
new information on existing or potential sources through
surveys, and verifying accuracy and reliability of the
information gathered.
Reference Guide for Public Involvement in Environmental Permits
6-5
-------
Continuous Sampling Device
Emissions
An air analyzer that measures air quality components
continuously. See also monitoring, integrated sampling device.
Criteria Air Pollutant
A group of very common air pollutants regulated by EPA on
the basis of criteria, and for which a National Ambient Air
Quality Standard is established (SO2, NO2, PM10, Pb, CO,
03).
Criteria (in the context of criteria pollutants)
Information on health and/or environmental effects of
pollution.
Cumulative Impact
The impact on the environment which results from the
incremental impact of the action when added to other past,
present, and reasonably foreseeable actions regardless of what
agency, federal or non-federal, or what person undertakes the
action.
Department of Energy (DOE)
This state agency's mission is to achieve efficiency in energy
use, diversity in energy sources, a more productive and
competitive economy, improved environmental quality, and a
secure national defense. DOE was created on October 1,1977
out of the Energy and Research and Development Agency as
well as various aspects of non-nuclear federal energy policy
and programs. The DOE complex which is located over 22
states with sites that range in size from small to very large
produced and tested nuclear weapons.
Disposal Site or Area
A precise geographical area within which disposal of dredged
material occurs.
Release of pollutants into the air from a source.
Dredged Material Discharge
The term dredged material discharge as used in this document
means any addition of dredged material into waters of the
United States or ocean waters. The term includes open- water
discharges; discharges resulting from unconfined disposal
operations (such as beach nourishment or other beneficial
uses); discharges from confined disposal facilities that enter
waters of the United States (such as effluent, surface runoff, or
leachate); and overflow from dredge hoppers, scows, or other
transport vessels.
Dredged Material
Material excavated from waters of the United States or ocean
waters. The term dredged material refers to material which has
been dredged from a water body, while the term sediment
refers to material in a water body prior to the dredging process.
Drinking Water State Revolving Fund
The Fund provides capitalization grants to states to develop
drinking water revolving load funds to help finance
infrastructure improvements, source water protection, and
other activities for public water systems.
Effluent
Water that is discharged from a confined disposal facility
during and as a result of the filling or placement of dredged
material.
Elementary Neutralization Unit
A tank, tank system, container, transport vehicle, or vessel
(including ships) that is designed to contain and neutralize
corrosive waste.
Dose-response
The relationship between the dose of a pollutant and its effect
on a biological system.
Emergency
In dredging operations, emergency is defined in 33 CFR Part
335.7 as a "situation which would result in an unacceptable
hazard to life or navigation, a significant loss of property, or an
immediate and unforeseen significant economic hardship if
corrective action is not taken within a time period of less than
the normal time needed under standard procedures."
Reference Guide for Public Involvement in Environmental Permits
6-6
-------
Enforcement
Finding of No Significant Impact (FONSI)
Legal methods used by EPA, state, and local governments to
make polluters obey the Clean Air Act. In the absence of
enforcement, citizens can sue EPA or the states to obtain
action, and can also sue violating sources apart from any action
EPA or state or local governments have taken.
Environmental Protection Agency (EPA)
Created in 1970, the EPA is responsible for working with
state and local governments to control and prevent pollution in
areas of solid and hazardous waste, pesticides, water, air,
drinking water, and toxic and radioactive substances.
Environmental Assessment (EA)
A concise public document that analyzes the environmental
impacts of a proposed federal action and provides sufficient
evidence to determine the level of significance of the impacts.
Environmental Impact Statement (EIS)
The "detailed statement" required by Section 102(2)(C) of
NEPA which an agency prepares when its proposed action
significantly affects the quality of the human environment.
Federal Facilities Compliance Act (FFCA or
FFCAct)
An amendment to RCRA, the FFCA waives immunity for
DOE and other federal agencies, allowing states and the EPA to
impose penalties for non-compliance and requires DOE to
develop plans for treating the hazardous components of
radioactive wastes subject to RCRA requirements.
Federal Standard
The dredged material disposal alternative or alternatives
identified by the U.S. Army Corps of Engineers that represent
the least costly alternatives consistent with sound engineering
practices and meet the environmental standards established by
the 404(b)(l) evaluation process or ocean-dumping criteria (33
CFR 335.7).
A public document that briefly presents the reasons why an
action will not have a significant impact on the quality of the
human environment and therefore will not require preparation
of an environmental impact statement.
Fine Particle
Particulate matter less than 2.5 microns in diameter.
Ground Water Disinfection Rule
Under Section 107 of the SDWA Amendments of 1996, the
statute reads,"... the Administrator shall also promulgate
national primary drinking water regulations requiring
disinfection as a treatment technique for all public water
systems, including surface water systems, and, as necessary,
ground water systems."
Gulf of Maine Oxidant Study (GOMOS)
A study to investigate the sources and transport of pollutants
contributing to ozone formation.
Habitat
The specific area or environment in which a particular type of
plant or animal lives. An organism's habitat provides all of the
basic requirements for the maintenance of life. Typical coastal
habitats include beaches, marshes, rocky shores, bottom
sediments, mudflats, and the water itself.
Hazardous Air Pollutants (HAP)
Airborne chemicals that cause serious health and environmental
effects.
Hazardous and Solid Waste Amendments
(HWSA)
This 1984 Act amended RCRA and required phasing out land
disposal of untreated hazardous waste by more stringent
hazardous waste management standards (broken down into
thirds with a time table for each third). Some of the other
mandates of this law include increased enforcement authority
for EPA and a program requiring corrective action.
Reference Guide for Public Involvement in Environmental Permits
6-7
-------
Hazardous Waste
Local Sponsor
A subset of solid wastes that pose substantial or potential
threats to public health or the environment.
Haze (Hazy)
A visual phenomenon resulting from scattering of light in a
volume of aerosols. In the context of air pollution, haze is
caused in large part by man-made air pollutants. See also
regional haze and "Visibility on the Colorado Plateau."
Impairment
The degree to which a scenic view or distance of clear visibility
is degraded by man-made pollutants.
IMPROVE
Interagency Monitoring of Protected Visual Environments, a
collaborative monitoring program to establish present visibility
levels and trends, and to identify sources of man-made
impairment. See also IMPROVE Newsletter.
Integrated Sampling Device
An air sampling device that allows estimation of air quality
components over a period of time (e.g. two weeks) through
laboratory analysis of the sampler's medium.
Land Disposal Restrictions (LDR)
These restrictions were mandated by the 1984 HSWA
amendments to RCRA. They prohibit the disposal of
hazardous wastes into or on the land unless the waste meets
treatability standards of lower toxicity.
Leachate
Water or any other liquid that may contain dissolved (leached)
soluble materials, such as organic salts and mineral salts,
derived from a solid material. For example, rainwater that
percolates through a confined disposal facility and picks up
dissolved contaminants is considered leachate.
Level Bottom Capping
A form of capping in which the contaminated material is placed
on the bottom in a mounded configuration.
A public entity (e.g., port district) that sponsors state
navigation projects. The sponsor seeks to acquire or hold
permits and approvals for disposal of dredged material at a
disposal site (USAGE 1986).(1)
Major Source
A stationary facility that emits a regulated pollutant in an
amount exceeding the threshold level (100 or 250 tons per year,
depending on the type of facility).
Management Action
Those actions or measures that may be considered necessary to
control or reduce the potential physical or chemical effects of
dredged material disposal.
Maximum Contaminant Level(MCL)
In the SDWA, an MCL is defined as "the maximum
permissible level of a contaminant in water which is delivered
to any user of a public water system."
Mitigation
Defined in the Council on Environmental Quality's regulation
40 CFR1508.20 (a-e).
Mobile Sources
Moving objects that release regulated air pollutants, e.g. cars,
trucks, buses, planes, trains, motorcycles, and gas-powered
lawn mowers. See also source; stationary source.
Monitoring
Measurement of air pollution. See also continuous sampling
device, integrated sampling device.
National Pollutant Discharge Elimination
System (NPDES)
The national program for issuing, modifying, revoking and
reissuing, terminating, monitoring, and enforcing permits, and
imposing and enforcing pretreatment requirements, under
sections 301, 303, 307, 318,402,403, and 405 of the Clean
Water Act.
Reference Guide for Public Involvement in Environmental Permits
6-8
-------
National Ambient Air Quality Standards
(NAAQS)
Permissible levels of criteria air pollutants established to
protect public health and welfare. See also EPA's NAAQS
page.
Nephelometer
An optical instrument that measures the scattering coefficient
of ambient air.
Nitrogen Oxides
A criteria air pollutant, compounds NO, NO2, NO3, N2O5,
alkyl nitrates, etc. See also NOx and NOy.
Non-Community Water System
A public water system that is not a community water system.
There are two types of NCWSs : transient and non-transient.
Nonattainment Area
A geographic area in which the level of a criteria air pollutant is
higher than the level allowed by the federal standards. See also
EPA's nonattainment page.
North Atlantic Regional Experiment (NARE)
A study to assess the contribution of continental air pollution
to the North Atlantic Ocean.
Nox
The sum of NO + NO2. See also nitrogen oxides, NOy.
NOy
The sum of all oxidized nitrogen species, i.e. NO, NO2, NO3,
HNO3, N205, alkyl nitrates, PAN, etc. Does not include NH3
or N2O. See also nitrogen oxides, NOx.
Open-Water Disposal
Placement of dredged material in rivers, lakes, estuaries, or
oceans via pipeline or surface release from hopper dredges or
barges.
Operator Certification
Certification of operators of community and nontransient,
noncommunity water systems as required by a state
implementing an EPA approved Water Operator.
Organic Compounds
Chemicals that contain the element carbon.
Ozone
A gas similar to oxygen that is a criteria air pollutant and a
major constituent of smog. See also reactive organic
compounds; volatile organic compounds.
Particle Sampler
An instrument to measure particulate matter in ambient air.
Particulate Matter
Dust, soot, other tiny bits of solid materials that are released
into and move around in the air. See also fine particle, PM10,
Visibility Research Program pages.
Permitting Authority
EPA, or the state, tribal, or local governmental agency that
receives delegation to carry out specified activity after meeting
EPA's capability criteria.
PM10
A criteria air pollutant that is particulate matter in ambient air
exceeding 10 microns in diameter.
Prevention of Significant Deterioration (PSD)
A program established by the Clean Air Act that limits the
amount of additional air pollution that is allowed in Class I and
Class II areas.
Primacy State
State that has the responsibility for ensuring a law is
implemented, and has the authority to enforce the law and
related regulations.
Reference Guide for Public Involvement in Environmental Permits
6-9
-------
Primary Standard
A pollution standard based on human health effects. Primary
standards are set for criteria air pollutants. See also secondary
standard.
R-MAP
Resource Management Assessment Program.
Reactive Organic Compounds (in the context of
photochemically produced air pollution)
Organic compounds that produce ozone in the presence of
nitrogen oxides and sunlight. See also Volatile Organic
Compounds.
Reclaimed Material
Material that is regenerated or processed to recover a usable
product. Examples are the recovery of lead values for spent
batteries and the regeneration of spent solvents.
Record of Decision (ROD)
A public document signed by the agency decision-maker at the
time of a decision. The ROD states the decision, alternatives
considered, the environmentally preferable alternative or
alternatives, factors considered in the agency's decision,
mitigation measures that will be implemented, and a
description of any applicable enforcement and monitoring
programs.
Recovered Material
A material or by-product that has been recovered or diverted
from solid waste. Does not include materials or by-products
generated from, and commonly used within, an original
manufacturing process.
Recycled Material
A material that is used, reused, or reclaimed.
Reformulated Gasoline
Specially-refined gasoline with low levels of smog-forming
volatile organic compounds and low levels of hazardous air
pollutants.
Regional Round Tables for Source Water
Protection
EPA's Regional office's meetings with stakeholders interested
and involved in source water protection.
Regional Haze
A cloud of aerosols extending up to hundreds of miles across a
region and promoting noticeably hazy conditions.
Resource, Conservation, and Recovery Act
(RCRA)
RCRA gave EPA authority to control hazardous waste from
"cradle-to-grave." This includes the minimization, generation,
transportation, treatment, storage, and disposal of hazardous
waste. RCRA also set forth a framework for the management
of non-hazardous solid wastes. RCRA focuses only on active
and future facilities and does not address abandoned or
historical sites (see CERCLA).
Reused Material
A material that is employed as an ingredient in an industrial
process to make a product, or as an effective substitute for a
commercial product.
Runoff
The liquid fraction of dredged material or the surface flow
caused by precipitation on upland or nearshore dredged
material disposal sites.
Safe Drinking Water Act (SDWA)
A law passed by Congress in 1974 and amended in 1986 and
1996 to ensure that public water systems provide safe drinking
water to consumers.
Secondary Standard
An air pollution limit based on environmental effects, e.g.
damage to property, plants, visibility, etc. Secondary
standards are set for criteria air pollutants. See also primary
standard.
Reference Guide for Public Involvement in Environmental Permits
6-10
-------
Sediment
Source
Material, such as sand, silt, or clay, suspended in or settled on
the bottom of a water body. Sediment input to a body of
water comes from natural sources, such as erosion of soils and
weathering of rock, or as the result of anthropogenic activities,
such as forest or agricultural practices, or construction
activities. The term dredged material refers to material which
has been dredged from a water body, while the term sediment
refers to material in a water body prior to the dredging process.
Sludge
Any solid, semi-solid, or liquid waste generated from a
municipal, commercial, or industrial wastewater treatment
plant, water supply treatment plant, or air pollution control
facility, exclusive of the treated effluent from a wastewater
treatment plant.
Smog
A mixture of air pollutants, principally ground-level ozone,
produced by chemical reactions involving smog-forming
chemicals. See also haze.
Sole Source Aquifer Designation
The surface area above a sole source aquifer and its recharge
area.
Solid Waste
As defined under RCRA, any solid, semi-solid, liquid, or
contained gaseous materials discarded from industrial,
commercial, mining, or agricultural operations, and from
community activities. Solid waste includes garbage,
construction debris, commercial refuse, sludge from water
supply or waste treatment plants, or air pollution control
facilities, and other discarded materials. Solid waste does not
include solid or dissolved materials in irrigation return flows or
industrial discharges which are point sources subject to permits
under section 402 of the Clean Water Act or source, special
nuclear, or byproduct material as defined by the AEA.
Source Water Protection Area
The area delineated by the state for a P WS or including
numerous PWSs, whether the source is ground water or surface
water or both, as part of the State Source Water Assessment
Program approved by EPA under Section 1453 of the SDWA.
Any place or object from which air pollutants are released.
Sources that are fixed in space are stationary sources; sources
that move are mobile sources. See also major source.
Southern Oxidant Study (SOS)
A study to assess the sources and transport of air pollutants
contributing to ozone formation.
Spent Material
Any material that has been used and, as a result of
contamination, can no longer serve the purpose for which it
was produced without first processing it.
State Source Water Petition Programs
A state program implemented in accordance with the statutory
language at Section 1454 of the SDWA to establish local
voluntary incentive-based partnerships for source water
protection and remediation.
State Management Plan Program
A state management plan under FIFRA required by EPA to
allow states (e.g. states, tribes and U.S. territories) the
flexibility to design and implement approaches to manage the
use of certain pesticides to protect ground water.
State Implementation Plan (SIP)
A collection of regulations used by the state to carry out its
responsibilities under the Clean Air Act.
Stationary Source
A fixed source of regulated air pollutants (e.g. industrial
facility). See also source; mobile sources.
Still Bottom
Residue or by-product of a distillation process such as solvent
recycling.
Reference Guide for Public Involvement in Environmental Permits
6-11
-------
Sub-watershed
Temperature Inversion
A topographic boundary that is the perimeter of the catchment
area of a tributary of a stream.
Sulfur Dioxide (SO2)
A criteria air pollutant that is a gas produced by burning coal
and some industrial processes. See also acid deposition, sulfur
dioxide park topics.
SUM60
The daily sum of all valid hourly ozone concentrations equaling
or exceeding 60 PPB for the day Statistic is computed for all
days with valid hourly ozone concentrations equaling or
exceeding 60 PPB during the year or growing season. Units are
PPB-HR.
Surface Water Treatment Rule
The rule specified maximum contaminant level goals for Giardia
lamblia, viruses and Legionella, and promulgated filtration and
disinfection requirements for public water systems using
surface water sources or by ground water sources under the
direct influence of surface water. The regulations also specified
water quality, treatment, and watershed protection criteria
under which filtration may be avoided.
Suspended Solids
Organic or inorganic particles that are suspended in water. The
term includes sand, silt, and clay particles as well as other
solids, such as biological material, suspended in the water
column.
Tank
A stationary device designed to contain an accumulation of
hazardous waste that is constructed primarily of nonearthen
materials (e.g., wood, concrete, steel, plastic).
Technology-Based Treatment Requirements
NPDES permit requirements based on the application of
pollution treatment or control technologies including (under 40
CFR Part 125) BPT (best practicable technology), BCT (best
conventional technology and secondary treatment for
POTWs), BAT (best available technology economically
achievable), and NSPS (new source performance standards).
Weather condition in which warm air sits atop cooler air,
promoting stagnation and increased concentrations of air
pollutants.
Territorial Sea
The strip of water immediately adjacent to the coast of a
nation measured from the baseline as determined in accordance
with the Convention on the territorial sea and the contiguous
zone (15 UST 1606; TIAS 5639), and extending a distance of 3
nmi from the baseline.
Total Suspended Particulates (TSP)
Total particulate matter in a sample of ambient air.
Totally Enclosed Treatment Facility
A facility for the treatment of hazardous waste that is directly
connected to an industrial production process and that is
constructed and operated so as to prevent the release of
hazardous waste into the environment during treatment. An
example is a pipe in which waste acid is neutralized.
Toxic Pollutant
Pollutants, or combinations of pollutants, including
disease-causing agents, that after discharge and upon exposure,
ingestion, inhalation, or assimilation into any organism, either
directly from the environment or indirectly by ingestion
through food chains, will, on the basis of information available
to the Administrator of the U.S. Environmental Protection
Agency, cause death, disease, behavioral abnormalities, cancer,
genetic mutations, physiological malfunctions, or physical
deformations in such organisms or their offspring.
Toxic Air Pollutants
See hazardous air pollutants.
Toxicity Characteristic Leaching Procedure
A testing procedure used to determine whether a waste is
hazardous. The procedure identifies waste that might leach
hazardous constituents into groundwater if improperly
managed.
Reference Guide for Public Involvement in Environmental Permits
6-12
-------
Toxicity
Volatile Organic Compounds (VOC)
Level of mortality or other end point demonstrated by a group
of organisms that have been affected by the properties of a
substance, such as contaminated water, sediment, or dredged
material.
Transient/Non-Transient Water Systems
Water systems that are non-community systems: transient
systems serve 25 of the same nonresident persons per day for
more than six months per year; nontransient systems regularly
serve at least 25 nonresident persons per day for more than six
months per year.
Transmissometer
A device for assessing visibility conditions by measuring the
amount of light received from a distant light source. See
transmissometer exhibit.
Turbidity
An optical measure of the amount of material suspended in the
water. Increasing the turbidity of the water decreases the
amount of light that penetrates the water column. Very high
levels of turbidity can be harmful to aquatic life (USAGE
1986).
Underground Injection Control Program
The program is designed to prevent underground injection
which endangers drinking water sources. The program applies
to injection well owners and operators on federal facilities,
Native American lands, and on all U.S. land and territories.
Upland Environment
The geochemical environment in which dredged material may
become unsaturated, dried out, and oxidized.
Visual Range
An expression of visibility; the distance at which a large black
object just disappears against the horizon.
Visual Air Quality
Organic compounds that vaporize readily and contribute to the
development of ozone. Many VOCs are also hazardous air
pollutants. See also reactive organic compounds.
Vulnerability of Aquifer
Vulnerability is the relative ease with which a contaminant
applied on or near a land surface can migrate to the aquifer
under a given set of agronomic management practices,
contaminant characteristics, and aquifer sensitivity conditions.
Vulnerability Assessments
An assessment of the vulnerability of a Public Water System
to the sources of contamination found in the contamination
source inventory (defined above). These assessments are key
to determining how a state or other entities should address the
contamination that is or could come from each source found in
the inventory.
Wastewater Treatment Unit
A tank or tank system that is subject to regulation under either
Section 402 or 307(b) of the Clean Water Act, and that treats
and stores an influent wastewater that is hazardous waste, or
that treats or stores a wastewater treatment sludge that is
hazardous.
Water Quality-Based Toxics Control
An integrated strategy used in NPDES permitting to assess and
control the discharge of toxic pollutants to surface waters: the
whole-effluent approach involving the use of toxicity tests to
measure discharge toxicity and the chemical-specific approach
involving the use of water quality criteria or state standards to
limit specific toxic pollutants directly.
Watershed Approach
A watershed approach is a coordinating framework for
environmental management that focuses public and private
sector efforts to address the highest priority problems within
hydrologically-defined geographic areas, taking into
consideration both ground and surface water flow.
Air quality evaluated in terms of pollutant particles and gases
that affect how well one can see through the atmosphere.
Reference Guide for Public Involvement in Environmental Permits
6-13
-------
Watershed Area
A topographic area that is within a line drawn connecting the
highest points uphill of a drinking water intake, from which
overland flow drains to the intake.
Watershed
A topographic boundary area that is the perimeter of the
catchment area of a stream.
Wellhead Protection Area
The surface and subsurface area surrounding a well or well
field, supplying a public water system, through which
contaminants are reasonably likely to move toward and reach
such water well or well field.
Wetlands Restoration
Involves either improving the condition of existing degraded
wetlands so that the functions that they provide are of a higher
quality or reestablishing wetlands where they formerly existed
before they were drained or otherwise converted.
Wetlands
Areas that are inundated or saturated by surface or
groundwater at a frequency and duration sufficient to support
and that, under normal circumstances, do support a prevalence
of vegetation typically adapted for life in saturated-soil
conditions. Wetlands generally include swamps, marshes, bogs,
and similar areas (40 CFR Part 230).
Zoning
To designate, by ordinances, areas of land reserved and
regulated for specific land uses.
Reference Guide for Public Involvement in Environmental Permits 6-14
-------
Glossary Sources
1) Understanding the Hazardous Waste Rules: A
Handbook for Small Businesses, 1996 Update
EPA 530-K-95-001
U.S. EPA Office of Solid Waste and Emergency
Response
2) Office of Water Clean Water Act Section 403 Report to
Congress
Phase II - Point Source Discharges Inside the Baseline
EPA842-R-94-001
U.S. EPA Office of Water
3) Drinking Water Infrastructure Needs Survey
EPA 812-R-97-001, January 1997
U.S. EPA Office of Water
4) Framework for Dredged Material Management
November 1992
U.S. EPA Office of Wetlands, Oceans, and Watersheds
5) The National Environmental Policy Act: A Study of Its
Effectiveness After Twenty-Five Years January 1997
Council on Environmental Quality
Executive Office of the President
6) Oregon Department of Environmental Quality Air
Modeling Internet Home Page
NFS Glossary of Air Pollution Terms:
http://www.teleport.com/%7Ehanrahan/glossary.htm
Reference Guide for Public Involvement in Environmental Permits 6-15
------- |