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United States
Environmental Protection
Agency
Solid Waste and
Emergency Response
(5305W)
EPA540-R-98-027
OSWER9205.5-12A
PB98-963 235
June 1998
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SEPA
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RCRA, Superfund & EPCRA
Hotline Training Module
Introduction to:
Superfund Community
Involvement
Updated February 1998
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DISCLAIMER
This document was developed by Booz-Allen & Hamilton Inc. under contract 68-WO-0039 to EPA. It is
intended to be used as a training tool for Hotline specialists and does not represent a statement of EPA
policy.
The information in this document is not by any means a complete representation of EPA's regulations or
policies. This document is used only in the capacity of the Hotline training and is not used as a reference
tool on Hotline calls. The Hotline revises and updates this document as regulatory program areas change.
The information in this document may not necessarily reflect the current position of the Agency. This
document is not intended and cannot be relied upon to create any rights, substantive or procedural,
enforceable by any party in litigation with the United States.
RCRA, Super-fund & EPCRA Hotline Phone Numbers:
National toll-free (outside of DC area) (800) 424-9346
Local number (within DC area) (703) 412-9810
National toil-free for the hearing impaired (TDD) (800) 553-7672
The Hotline is open from 9 am to 6 pm Eastern Time,
Monday through Friday, except for federal holidays.
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SUPERFUND COMMUNITY INVOLVEMENT
CONTENTS
1. Introduction ., 1
2. Regulatory Summary , 3
2.1 Definitions 3
2.2 Background ..,., 4
2.3 Community Involvement in Site Discovery and Notification 5
2.4 Community Involvement in Response Actions 5
2.5 Technical Assistance Grants 11
2.6 Technical Outreach Services for Communities 11
2.7 Community Advisory Groups...... ...12
3. Module Summary 14
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Superfund Community Involvement -1
1. INTRODUCTION
EPA's Superfund Community Involvement program provides the public with
information about site conditions and cleanup activities. Most importantly, it
promotes participation in the environmental cleanup decisions directly affecting
community health and livelihood. Requirements in the National Contingency
Plan (NCP) set minimum standards for informing and involving the public in
cleanup actions. EPA recognizes, however, that activities above and beyond the
NCP requirements are often necessary to successfully involve communities. The
NCP upholds the public's right to voice opinions and express concerns about
Superfund sites, especially during the Record of Decision (ROD) process, but EPA
strives to significantly involve communities throughout the cleanup process.
Community involvement in Superfund response actions builds citizen trust,
enhances lead agency credibility and guarantees meaningful local participation.
Collaborative stakeholder processes which include affected citizens, organized
citizen groups, elected officials and potentially responsible parties (PRPs) give voice
to the concerns and preferences for proposed and final remedies and other
significant decisions throughout the cleanup.
The goal of this module is to describe the community involvement requirements
and policies as they relate to removal actions, remedial priorities, remedial
responses, and administrative records.
After completing this module, you will be able to:
» Provide the statutory authority for and purpose of Superfund community
involvement activities
« Explain how citizens may participate in the discovery and notification process
and may prompt a preliminary assessment and site investigation
• Identify the community involvement activities which must take place
regarding removal actions
• Specify the community involvement activities necessary to respond to the
establishment of remedial priorities (placement on or deletion from the
National Priorities List)
• Identify the community involvement activities which must take place in
conjunction with remedial actions (remedial investigation/feasibility study,
selection of remedy, record of decision, and remedial design/remedial action)
The information in this document is not by any means a complete representation of EPA s regulations or policies,
but is an introduction used for Hotline training purposes.
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2 - Superfund Community Involvement
• Identify the steps necessary to establish an administrative record file
containing the documents that form the basis for the selection of a response
action.
Use this list of objectives to check your knowledge of this topic after you complete
the training session.
The information in this document is not bv anv means a com
ument is not by any means a complete representation of EPA's regulations or policies,
but is an introduction used for Hotline training purposes.
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Superfund Community Involvement - 3
2. REGULATORY SUMMARY
When CERCLA was reauthorized in 1986, Congress wanted to ensure that citizens
living near Superfund sites were given the opportunity to influence cleanup
decisions affecting their community, and that they could voice concerns throughout
the cleanup process. Soliciting input from citizens living near Superfund sites
provides EPA with valuable information for selecting and implementing
appropriate remedies. Community involvement allows potentially affected
citizens, interested parties, organized citizen groups, elected officials, and potentially
responsible parties to engage in meaningful dialogue with the lead agency
implementing the Superfund remedy. This two-way communication ensures
public concerns are accounted for when final remedy selection decisions are made.
The NCP requires community involvement activities at specific points in the
Superfund process. Compliance with these regulations is necessary at all Superfund
sites, but the program is flexible enough to be tailored to meet individual
community needs. The community involvement program has demonstrated that
including citizens as stakeholders enhances the effectiveness of the cleanup process.
2.1 DEFINITIONS
Familiarity with the following terms is key to understanding this module.
ADMINISTRATIVE RECORD
The administrative record contains the information the lead agency uses to select a
response action under CERCLA. This file must be available for public review and a
copy must be kept at or near the site, usually at one of the information repositories
(e.g., a library). A duplicate file is held in a central location, such as a regional or
state office.
COMMUNITY ADVISORY GROUPS
As part of EPA's initiative to increase public participation during the Superfund
response process, EPA is encouraging the use of Community Advisory Groups
(CAGs). CAGs are made up of representatives with diverse community interests
and provide a public forum for community members to present and discuss their
needs and concerns about the decision-making process at sites affecting them.
COMMUNITY INVOLVEMENT
This term refers to EPA's program to inform and encourage public participation by
citizens located near a Superfund site, other interested citizens or parties, organized
The information in this document is nofby any means a complete representational EPA's regulations or policies,
but is an introHuction used for Hotline training purposes.
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4 - Superfund Community Involvement
groups, elected officials, and potentially responsible parties (PRPs) in the Superfund
process, as well as to respond to community concerns.
COMMUNITY INVOLVEMENT COORDINATOR
The Community Involvement Coordinator (CIC) is a lead agency staff member who
works with the on-scene coordinator or remedial project manager to inform the
public about response actions in accordance with the interactive community
involvement requirements set forth in the NCP.
COMMUNITY RELATIONS PLAN
The community relations plan (CRP) is a formal plan for conducting EPA
community involvement activities at a Superfund site.
INFORMATION REPOSITORY
The information repository is a file containing current information, technical
reports, and reference documents regarding a Superfund site. The information
repository is usually located in a public building that is conveniently accessible for
local residents, such as a public school, city hall, or library.
TECHNICAL ASSISTANCE GRANT PROGRAM
The Technical Assistance Grant (TAG) program awards grants of up to $50,000 for
qualified citizens' groups to hire independent technical advisors to assist them in
understanding and commenting on technical factors in cleanup decisions. The
money may also be used to communicate technical comments to other members of
the community.
TECHNICAL OUTREACH SERVICES FOR COMMUNITIES PROGRAM
The Technical Outreach Services for Communities (TOSC) program provides
educational and technical support for communities affected by hazardous substance
issues whom do not have access to a TAG. TOSC is administered through the
Hazardous Substance Research Centers (HSRCs), a nationwide network of
universities with expertise on hazardous substance issues. Technical experts from
the universities provide independent advice to communities requesting assistance.
2.2 BACKGROUND
In order to ensure that citizens have the opportunity to make an impact on cleanup
decisions affecting their community, and to ensure that citizens have access to all
pertinent information about a site, Congress included language in SARA §§113(k),
117, 122(d)(2), and 122(i) stipulating community involvement activities at
The information in this document is not by any means a complete representation of EPA's regulations or policies,
but is an introduction used for Hotline training purposes.
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Superfund Community Involvement - 5
Superfund sites and authorizing EPA to promulgate regulations designed to support
community involvement efforts. These authorities provide citizens the tools and
information needed to become active participants in the cleanup process, and to
significantly influence the scope and direction of a cleanup,
COMMUNITY INVOLVEMENT PHILOSOPHY
Although CERCLA and the NCP require a number of community involvement
activities throughout removal and remedial processes, EPA has learned that early
and continuous involvement of affected citizens is a crucial aspect to successful
Superfund cleanups. The present community involvement program stresses:
• early and continuous involvement
» direct contact with citizens
* innovative activities above and beyond the statutory and regulatory
requirements.
The combination of these program goals ensures the community is included
throughout all major steps in the response process.
2.3 COMMUNITY INVOLVEMENT IN SITE DISCOVERY AND
NOTIFICATION
The public may inform EPA of a hazardous substance release by using one of the
methods specified in 40 CFR §300.405(a) which include:
* Notifying EPA in accordance with CERCLA §§103(a) or 103(c)
• Reporting an observation of a release by a government agency or a citizen
* Submitting a petition to EPA or the appropriate federal facility, in accordance
with §105(d) of CERCLA, requesting a preliminary assessment of the site of a
possible hazardous substance release.
These options give citizens tools to initiate interaction with EPA through the
Superfund site discovery and notification process. Should EPA determine that
further action is necessary at a site identified by any of the discovery methods above/
more formalized programs of community involvement are made available to the
public. These programs are discussed in the following sections.
The information in this document is not by any means a complete representation oFEPA's regulations or policies,
but is an introduction used for Hotline training purposes.
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6 - Superfund Community Involvement
2.4 COMMUNITY INVOLVEMENT IN RESPONSE ACTIONS
Response actions include all removal actions, remedial actions, and related
enforcement activities conducted at a site identified as the source of a hazardous
substance release. Most of the community involvement regulatory requirements
require notification of availability of information/ public comment periods, and
other discrete actions taken at various stages of a response. The NCP also provides
assurances for certain ongoing community involvement activities. For example, a
plan of action for implementing community involvement programs addressing the
needs and concerns voiced by the community must be developed and implemented
throughout the response action.
ADMINISTRATIVE RECORD
Section 113(k) of CERCLA requires the establishment of an administrative record
file containing all information and documentation used in the selection of a
response action. This file must contain not only those documents relevant to the
chosen response action, but also relevant comments and information, site-specific
data, guidance documents, and technical references that the lead agency considered
in the ultimate response selection decision. This record provides a legal basis for
challenging and defending response action decisions.
The administrative record file must be made available for public inspection,
Regulations in 40 CFR §300.800 pertaining to the administrative record establish
procedures for public participation in the development of the file.
REMOVAL ACTIONS
A removal action is an immediate response intended to protect people from threats
posed by hazardous waste sites. In response to a removal action (40 CFR §300.415} or
a CERCLA enforcement action, a spokesperson designated by the lead agency must
be available to inform the community of all actions taken, respond to inquiries, and
provide information concerning the release (40 CFR §300.415(n)(l)). The
spokesperson is responsible for notifying all affected citizens, state and local officials,
and when appropriate, civil defense or emergency management agencies of such
removal or enforcement actions. Any news releases and statements made by
participating agencies will also be coordinated between the spokesperson and the ort-
scene coordinator or remedial project manager. Depending on the length of the
removal or the length of the removal planning period, the required community
involvement activities vary.
Removal Action Planning Period of Less Than Six Months
For removal actions with planning periods of less than six months, before on-site
removal activity begins, a notice must be published informing the public of the
availability of the site's administrative record file. The notice of availability must be
The information in this document is not by any means a complete representation of EPA's"regtilations->OT|5olicies^™
but is an introduction used for Hotline training purposes.
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Superfund Community Involvement - 7
published in a major local newspaper within 60 days of initiation of on-site removal
activity. The public must then be given a period of at least 30 days to provide
comments on the removal action based on the supporting materials provided in the
administrative record file. After the comment period, the lead agency must prepare
a written response to significant comments submitted and add all comments and
responses to the administrative record file (40 CFR §300.415(n)(2)).
Removal Actions Extending Beyond 120 Days
If a removal action is expected to extend beyond 120 days, within the first 120 days
the lead agency must conduct interviews with local officials, community residents,
public interest groups, and other interested or affected parties to solicit their
concerns and informational needs. The lead agency must also use the information
from these interviews to determine how or when citizens would like to become
involved in the Superfund process (40 CFR §300.415(n)(3)).
The lead agency must prepare a community relations plan utilizing the information
gathered from the interviews. This plan outlines the community involvement
activities that the lead agency will conduct during the removal action. Its purpose is
to:
* Ensure that the public receives appropriate opportunity for involvement in a
wide variety of site-related decisions, including site analysis and
characterization, alternatives analysis, and selection of remedy
• Determine, based on community interviews, appropriate activities to ensure
public involvement
« Provide appropriate opportunity for the community to learn about the site,
Finally, the lead agency must establish an information repository at or near the site,
containing all documentation relating to the removal action. The information
repository also contains the administrative record file. A notice must again be
published in a local newspaper, alerting the public to both the availability of the
administrative record file and the establishment of the information repository. The
information repository is often located at a public library, or in a local government
building.
Removal Action Planning Period Longer Than Six Months
When the planning period for a removal action exceeds 6 months, the lead agency
must comply with all procedures outlined above for removal actions extending
beyond 120 days. The establishment of the administrative record file and the
information repository must be completed before final approval of the engineering
evaluation/cost analysis (EE/CA) for the removal action. The development of an
Tne information in trus document is not by any means a complete representation or EPA's regulations or policies,
but is an introduction used for Hotline training purposes.
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8 - Superfund Community Involvement
EE/CA is a key part of the removal action process, consisting of an analysis of
removal alternatives for a site as required under 40 CFR §300.415(b)(4)(i).
A 30-day public comment period on the EE/CA must be announced when it is
completed. The lead agency must respond in writing to significant comments
submitted and add all comments and responses to the administrative record file.
THE NATIONAL PRIORITIES LIST
The National Priorities List (NPL) is the list of hazardous substance release sites that
EPA has identified as having highest priority for long-term remedial evaluation and
response. The aforementioned removal activities can take place at NPL sites. A
non federally-owned site placed on the NPL is eligible for Superfund-financed
remedial action. The procedures that must be followed to place a site on, or delete a
site from, the NPL include several community involvement requirements.
Placement of Sites on the NPL
Several different methods may be used to determine if a site is eligible to be placed
on the NPL (40 CFR §300.425(d)). Once the lead agency has identified a site as a
candidate for the NPL, EPA may formally propose that the site be included on the
list.
To ensure public involvement during the proposal process, EPA must publish a notice
of proposed rulemaking in the Federal Register declaring the Agency's intent to list
the site. The proposed rule will include a request for public comments. When the
proposed rule has been finalized and the site becomes a part of the NPL, EPA will
again inform the public of its actions by publishing a Final Rule in the Federal
Register. The rule will include a response to all significant comments and
information submitted during the comment period (40 CFR §300.425(d)(5)).
Deletion of Sites from the NPL
Deletion of a site, or parcel of a site, from the NPL is warranted when no further
response action is planned. Once it has been determined that all applicable response
actions have indeed been completed, that no further response is necessary, and that
the site, or parcel, no longer poses a threat to public health or the environment, EPA
(with concurrence from the appropriate state) may propose to have the site deleted
from the NPL (40 CFR §300.425(e)). This proposal must appear as a notice of intent
to delete in the Federal Register and must provide a 30-day public comment period.
EPA must also publish a notice in a local newspaper, informing the public of both
the intent to delete the site and of the availability of the Federal Register notice of
intent.
The Agency must make all documentation supporting the proposed deletion
available by placing it in the information repository. EPA must then place its
The information in this document is not by any means a complete representation of EPA's regulations or p^
but is an introduction used for Hotline training purposes.
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Superfurtd Community Involvement - 9
response to comments and any additional information submitted during the public
comment period in the information repository once the notice of final deletion has
appeared in the Federal Register.
REMEDIAL ACTIONS
Remedial actions are long-term cleanups designed to prevent or minimize the
release of hazardous substances to reduce the risk and danger to public health or
welfare, or the environment.
EPA has established under the NCP at 40 CFR §300,430 and 300.435, a formal
selection and implementation process known as the remedial investigation/
feasibility study (RI/FS) and the remedial design/remedial action (RD/RA). In an
effort to select remedies for hazardous substance release sites that are protective of
human health and the environment, the RI/FS and RD/RA assess site conditions,
evaluate relevant alternatives for remediation, and implement the remedy. It is
during these processes that public participation in the remediation selection and
implementation process is addressed.
Remedial Investigation/Feasibility Study
The lead agency conducts all community involvement activities relating to the
RI/FS. These activities, found in 40 CFR §§300.430(c), are similar to those required
for removal actions. Certain activities should be conducted prior to the beginning of
the remedial investigation. They include:
• Conducting interviews with local officials, community residents, public
interest groups, and other interested parties to solicit concerns, informational
needs, and citizens' preferences regarding the extent of their involvement in
the Superfund process
* Preparing a formal community relations plan specifying the community
involvement activities that the lead agency expects to undertake during the
remedial response
• Informing the community of the establishment of at least one information
repository at or near the site
* Informing the community of the availability of TAGs from EPA, and placing
information concerning the application process in the information repository
(see Section 2.5).
The feasibility study must include a detailed analysis of the different remedial
alternatives (40 CFR §300.430(e)(9)). This analysis must determine which
components of each alternative the community supports, has reservations about, or
opposes.
The information in this document is not by any means a complete representation of EPA's regulattonsorpolicies,
but is an introduction used for Hotline training purposes.
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10 - Superfund Community Involvement
During the RJ/FS process, the lead agency identifies and evaluates potential suitable
technologies, including innovative technologies. EPA has developed the
Superfund Innovative Technology Evaluation (SITE) program to encourage
commercial development of new and effective remediation techniques. The SITE
demonstration program involves soliciting public comment, opinion, and concerns
regarding the selected technology and proposed site usage. To aid in this process,
EPA may produce videos, brochures, and fact sheets on the SITE demonstration
project, and it may also hold public meetings and conduct site visits to facilitate
public information efforts.
After completion of the RI/FS, the lead agency prepares a proposed plan, analyzing
the selection of a specific remedy to be used at a hazardous release site. In order to
make this information available to the public, the lead agency must publish a notice
of availability of both the proposed plan and the analysis in a local newspaper,
ensure that the proposed plan and analysis are available for public inspection in the
administrative record file, hold a public meeting, and provide a 30-day comment
period to collect public responses to the plan and analysis (40 CFR §300.430(f)(3)).
After the lead agency has selected the remedial action, that decision must be
documented in a record of decision, or ROD. The lead agency must publish a notice
of availability of the ROD in a local newspaper and make the ROD available for
public inspection at or near the facility prior to the start of the actual remedial
activities (40 CFR §300.430(f)(6)).
Remedial Design/Remedial Action
RD/RA activities involve the actual design, construction, and implementation of
the remedy selected to clean up a hazardous substance release into the
environment. The community involvement activities at this stage include
reviewing the community relations plan to ensure that it continues to adequately
provide for public involvement activities during the RD/RA, issuing a fact sheet
after the completion of the engineering design, and providing a public briefing prior
to the initiation of the remedial action (40 CFR §30Q.435(c)(l) and (3)).
If significant changes are made to the remedy chosen in the ROD, but the changes do
not fundamentally alter the remedy, the lead agency must publish an explanation of
significant differences (ESD), place the ESD in the administrative record, and publish
a summary of the ESD in a major local newspaper (40 CFR §300.435(c)(2)(i)).
If significant changes are made to the remedy chosen in the ROD, and the changes
fundamentally alter the remedy, the lead agency must propose an amendment to
the ROD. The community involvement activities required for amending a ROD
include: publishing a notice of availability and description of the proposed
amendment in a local newspaper; providing opportunity for comment and a public
meeting; responding to significant public comments; and placing the amended ROD
The information in this document is'not by any means a complete representation of EPA's regulations or policies,
but is an introduction used for Hotline training purposes.
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Superfund Community Involvement -11
in the administrative record file prior to the commencement of the affected
remedial activity (40 CFR §300.435(c)(2)(ii)).
COMMUNITY INVOLVEMENT IN PRIVATE PARTY RESPONSE ACTIONS
Any person may undertake a response action to reduce or eliminate a release of a
hazardous substance under 40 CFR §300.700(a). Private parties must adhere to all of
the community involvement requirements found in §§300.155, 300.415(n),
300.430(c)(l-4)/ 300.430(0(2), (3) and (6), and 300.435(c), It is important that private
parties are "consistent with NCP" requirements for cost recovery purposes under
CERCLA §107(a)(4)(B). Private parties need not however, establish an
administrative record or an information repository (§300.700(c)(6)).
2.5 TECHNICAL ASSISTANCE GRANTS
SARA §117(e) amended CERCLA by authorizing the President to make $50,000
TAGs available to citizen groups living near NPL sites. On October 1,1992, EPA
issued a final rule for TAG applications (57 FR 45311). These grants allow
communities to obtain expert, independent technical advice on monitoring and
interpreting activities related to a site cleanup. Funds are primarily used to hire an
advisor who acts as a special liaison between the citizens and lead agency personnel.
Only one TAG per site can be awarded and there are eligibility requirements.
To be eligible, a group must be a citizen association, or an environmental or health
advocacy group that demonstrates a genuine interest in the site. The group also
must be incorporated as a nonprofit organization. In addition, the group must
"match" the TAG funds they receive by contributing 20 percent of the total cost of
.the project using cash or "in-kind" donations (e.g., office supplies, bookkeeping
services). Groups can receive a matching fund waiver if requested. Detailed
guidelines on what the grant funds may or may not be used for are outlined in a
four-part handbook series: Superfund Technical Assistant Grant (TAG) Handbook:
Applying For Your Grant (OSWER 9230.1-09A); Superfund Technical Assistance
Grant (TAG) Handbook: The ApplicatiojiJEoims with Instructions (OSWER
Directive 9230.1-09B); Superfund Technical Assistance Grant (TAG) Handbook:
Procurement-Using TAG Funds (OSWER Directive 9230.1-09C); and Superfund
Technical Assistance Grant (TAG) Handbook: Managing Your Grant (OSWER
Directive 9230.1-09D).
2.6 TECHNICAL OUTREACH SERVICES FOR COMMUNITIES
(TOSC)
The Technical Outreach Services for Communities (TOSC) program provides
educational and technical support for communities affected by hazardous substance
The information in this document is not by any means a complete representation of EPA's regulations or policies,
but is an introduction used for Hotline training purposes.
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12 - Superfund Community Involvement
issues whom do not have access to a TAG. TOSC is administered through the
Hazardous Substance Research Centers (HSRCs), a nationwide network of
universities with expertise on hazardous substance issues. Technical experts from
the universities provide independent advice to communities requesting assistance.
The HSRCs provide basic and applied research, technology transfer, and training on
hazardous substance issues. Five multi-university centers, organized by EPA
Regional pairings, focus on different aspects of hazardous substance management.
They bring together researchers from a variety of disciplines to collaborate on
integrated research and TOSC projects.
The HSRCs draw financial support from the U.S. EPA and the Departments of
Defense and Energy (DoD and DOE), with additional funding from academia,
industry, and other state and federal government agencies.
2.7 COMMUNITY ADVISORY GROUPS (CAGS)
Community Advisory Groups (CAGs) are designed to enhance public participation
in the Superfund process. CAGs effectively facilitate community involvement
allowing members of the community, particularly those from low-income and
minority groups, to participate in the decision-making process at Superfund sites. In
December 1995, EPA published the document Guidance for Community Advisory
Groups at Superfund Sites, designed to assist EPA in developing and working with
CAGs {OSWER Directive 9230.0-28). Membership in the CAG should be as
inclusive as possible, and to the extent practicable, reflect the composition of the
community near the site. Through CAGs, community members have a direct line
of communication with EPA and many opportunities for expressing their opinions
regarding issues such as cleanup levels, future land use, and remedy selection.
The information in this document is not by any means a complete representation of EPA's regulations or policies,
but is an introduction used for Hotline training purposes.
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Superfund Community Involvement -13
3. MODULE SUMMARY
It is vital that the CERCLA community involvement program include the public
early in site decisions, Early involvement enables EPA to receive feedback from the
affected citizens before initial decisions have been made. EPA encourages
community involvement activities beyond the formal requirements found in the
regulations, especially when it fosters an early open dialogue with potentially
affected parties. Congress mandated EPA to develop community involvement
provisions to ensure that the public is informed of the proposed actions at a
Superfund site, as well as to encourage public participation in the Superfund
process.
Community involvement activities consist of incidental requirements for public
notices and public comment on proposed response actions. In addition, structured
programs designed to facilitate public involvement throughout the Superfund
process such as community relations plans, TAGs, and the development of an
administrative record file are required. The regulations are broad enough to allow
flexibility for individual communities. It is the community's prerogative to choose
how involved in the Superfund process it will be. Nonetheless, EPA or the lead
agency is required to make announcements, organize public meetings, and allow for
public comment on proposed remedial actions to ensure the process protects human
health and the environment with public consent.
The information in this document is not by any means a complete representation of EPA's regulations or policies,
but is an LntroBucfion used for Hotline training purposes.
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