Statement

This manual reviews regulatory requirements and

provides policy guidance to help implement the RCRA

program. The policies set forth in the attached manual

are not final agency action, but are intended solely as

guidance. They are not intended, nor can they be relied

on, to create any rights enforceable by any party in

litigation with the United States. EPA officials may decide

to follow the guidance provided, or to act at variance with

the guidance, based on an analysis of specific site

circumstances. The Agency also reserves the right to

change this guidance at any time without public notice.

This manual replaces and supersedes the 1993 RCRA

Public Involvement Manual (EPA 530-R-93-006). This

manual is designed for use by agency staff, public interest

organizations, private citizens, and owners/operators of

hazardous waste management facilities.

Acknowledgments

The RCRA Public Participation Manual was developed by

the Office of Solid Waste with the invaluable help of a task

group comprised of EPA and State regulators, industry

representatives, and representatives of public interest

groups. EPA would like to thank the members of the task

group who provided their able services to this effort. For

a full listing of participants, please refer to Appendix Q.
RCRA Public Participation Manual

1996 Edition

United States Environmental Protection Agency

Office of Solid Waste, Permits Branch

Mail Code 5303 W

401 M Street,, SW

Washington, DC 20460
What This Manual Can Do For You

A Handbook for All

Stakeholders

This document is a user’s manual for public participation activities in the

permitting process. In the same way that a user’s manual explains how a

car or an appliance works, this manual explains how public participation

works in the RCRA permitting process and how citizens, regulators, and

industry can cooperate to make it work better.

EPA teamed up with a diverse group of stakeholders from the

environmental community, industry, and government agencies to produce

this manual. The manual emphasizes the importance of cooperation and

communication, and highlights the public’s role in providing valuable input

during the permitting process. The manual also furthers EPA’s

commitments to early and meaningful involvement for communities, open

access to information, and the important role of public participation in

addressing environmental justice concerns. 

EPA wrote this manual to help all stakeholders in the permitting process. 

Here is how the manual can help you:

If you are a citizen...

This manual provides a clear description of the many public participation

activities that are required by federal regulations. The manual also points

out steps that agencies, company owners, and public interest groups can

take to provide more public input into the process. In this manual, you will

also find a list of people and organizations that you can contact to learn

more about the permitting process and about community organizing. 

If you are a government regulator...

This manual provides specific details about public participation

requirements and outlines EPA’s current policies. The manual also

explains activities that you can conduct to provide better information to the

public and to invite more public input into your RCRA permitting work. 

By reading this manual, you will learn how to open a dialogue with other

stakeholders, how to assess communities and be sensitive to their concerns,

how to plan for public participation, how to fulfill all the regulatory

requirements, and how to go beyond the requirements.

If you are a member of a public interest or environmental group...

Reading this manual will let you know what public participation events are

required under federal regulations, and how your organization can get

involved. It provides useful tips, based on the experience of public

participation practitioners, on how to interact with other stakeholders and
how to conduct public participation activities. The manual also provides

contacts and publications that you can tap into for more information.

If you own or operate a hazardous waste management facility...

This manual describes when and how to conduct the pubic participation

events involved in the permitting process. It points out the events you are

responsible for and lets you know how the permitting agency will conduct

other activities. By reading the manual, you will find out how to interact

with the community around your facility, and how to be sensitive to their

concerns, and how to cooperate and communicate with all stakeholders. 

The manual also describes public participation opportunities you can

provide that go beyond the requirements.

Other Sources of

Information

EPA is compiling a reference list of public participation and risk

communication literature. For this list, EPA is interested in the following

subjects areas: community organizing, community involvement and

participation, environmental justice, risk communication, creative problemsolving, alternative dispute resolutions, participatory activities,

environmental activism, and information-sharing. EPA is not interested in

technical documents or data related to permitting. To initially solicit items

for the reference list, EPA published a notice in the Federal Register (61

FR 15942). EPA intends to update the list periodically; any additional

items people wish to propose for inclusion in the reference list may be

submitted to the attention of the RCRA Permits Branch, Office of Solid

Waste (5303W), U.S. Environmental Protection Agency, 401 M Street SW,

Washington, DC 20460. Please do not send the original document. Include

the full names of all authors, full titles, publisher, date of publication, city

where the work was published, an abstract, and an address and/or phone

number where one can write or call to obtain the publication (if applicable). 

An initial draft of this reference list is available through the RCRA Hotline,

or through the RCRA Information Center, in Docket Number F-95-PPCFFFFFF, (see Appendix A for the appropriate telephone numbers).

If you are not trying to find out about public participation in the permitting

process for facilities that store, treat, or dispose of hazardous wastes, then

this manual will not be the best one for you. The following are suggestions

of places to look for related information:

C 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).

C If you are trying to learn more about the siting of hazardous waste

management facilities prior to permitting, you will most likely need

to contact your local or state officials. See Appendix B for a list of

state agency contacts. EPA is planning to issue guidance on this
topic during 1996. Contact the RCRA Hotline (see Appendix A for

the number) for more information.

C If you are trying to learn about hazardous substances (other than

wastes) stored by facilities or amounts of toxic substances released

to the environment, you will want to find out more about the

Emergency Planning and Community Right-to-Know Act

(EPCRA), or and the Toxics Release Inventory (TRI). Call EPA

HQ, your Regional Office, or the RCRA/Superfund Hotline (see

Appendix A for phone numbers ) for more information. 

Information on accessing EPA data is available in Appendix R.

C If you are trying to find out about how the public can participate in

siting municipal waste landfills, refer to Sites for Our Solid Waste: 

A Guidebook for Effective Public Involvement (USEPA, EPA/530-

SW-90-019, March 1990). 

If you are unsure about whether a facility in your area will need a RCRA

permit, you can contact your State agency or your Regional EPA office

(see the Appendices A and B for numbers).
Table of Contents

Chapter 1: Introduction

Overview of this Manual............................................................................................ 1-1

The Big Picture.......................................................................................................... 1-3

RCRA and its 1984 Amendments............................................................................. 1-3

RCRA Facility Permitting......................................................................................... 1-4

The RCRA Corrective Action Program.................................................................... 1-5

Public Participation in the RCRA Program.............................................................. 1-6

Chapter 2: Guidelines for a Successful Public Participation Program

What is Public Participation?..................................................................................... 2-1

Why Bother with Public Participation?...................................................................... 2-2

What Makes a Successful Public Participation Program?.......................................... 2-3

Dialogue and Feedback.................................................................................. 2-3

Honesty and Openness.................................................................................. 2-4

A Commitment to the Public......................................................................... 2-5

An Informed and Active Citizenry................................................................ 2-5

Starting Early................................................................................................. 2-7

Assessing the Situation.................................................................................. 2-8

 Planning for Participation............................................................................. 2-14

Understanding and Interaction Between Stakeholders.................................. 2-18

Promoting Environmental Justice................................................................... 2-18

Supporting Community-Based Environmental Protection............................. 2-21

Re-Evaluating and Adjusting the Public Participation Program.................... 2-22

Summary...................................................................................................................... 2-24

Exhibit 2-1: Determining the Likely Level of Public Interest in a RCRA Facility.... 2-25

 Exhibit 2-2: Steps in Evaluating Facilities and Gathering Information...................... 2-26

Chapter 3: Public Participation During the RCRA Permitting Process

Introduction.................................................................................................................... 3-1

Public Participation During the Permit Decision Process............................................. 3-3

Step One: The Pre-Application Phase............................................................. 3-3

The Pre-Application Meeting............................................................... 3-4

Notice of the Pre-Application Meeting.............................................. 3-9

The Facility Mailing List..................................................................... 3-13

Step Two: Application Submittal and Review................................................ 3-16

Step Three: The Draft Permit, Public Comment Period,

 and Public Hearing.............................................................................. 3-18

Step Four: Response to Comments and Final Permit Decision...................... 3-20

Public Participation During the Life of a Facility........................................................ 3-21

Interim Status Public Participation.................................................................. 3-21

Permit Modifications........................................................................................ 3-22

Public Participation in Closure and Post-Closure......................................................... 3-29

Closure and Post-Closure at Permitted Facilities............................................. 3-30

Closure and Post-Closure at Interim Status Facilities...................................... 3-30

Summary....................................................................................................................... 3-32

Exhibit 3-1: Public Participation Requirements for Class 1, 2,

 and 3 Permit Modifications.............................................................................. 3-34
Chapter 4: Public Participation in RCRA Corrective Action Under Permits 

and §3008(h) Orders

Introduction................................................................................................................... 4-1

Current Status of the Corrective Action Program......................................................... 4-2

Special Consideration for Public Participation Activities 

Under §3008(h) Orders.................................................................................... 4-4

Public Participation in Corrective Action.................................................................... 4-6

Initial Site Assessment (RFA)...................................................................................... 4-7

Site Characterization (RFI)........................................................................................... 4-9

Interim Actions.............................................................................................................. 4-11

Evaluation of Remedial Alternatives (CMS)............................................................... 4-12

Remedy Selection........................................................................................................ 4-13

Remedy Implementation (CMI)................................................................................... 4-15

Completion of Remedy................................................................................................ 4-16

Summary...................................................................................................................... 4-17

Chapter 5: Public Participation Activities: How to do Them

Introduction................................................................................................................... 5-1

Directory....................................................................................................................... 5-2

Appendices

A: List of EPA Contacts (including the RCRA Hotline, the Public Information Center,

and the RCRA Information Center)

B: List of State Environmental Agencies

C: League of Women Voters Contact List

D: Environmental Justice Public Participation Checklist

E: Guidance for Community Advisory Groups at Superfund Sites

F: Public Participation Regulations in 40 CFR Part 25

G: Public Participation Regulations in 40 CFR 124 Subpart A

H: Examples of Public Notices

I: Examples of Additional RCRA Public Participation Tools (Fact Sheets, News Releases, 

Public Involvement Plans)

J: The Hazardous Waste Facility Permitting Process -- Fact Sheet

K: RCRA Expanded Public Participation Final Rule and Brochure

L: Modifying RCRA Permits -- Fact Sheet

M: Public Participation Resources Available to the Permitting Agency

N: Memorandum: Implementation of the RCRA Expanded Public Participation Rule
O: Overview of Public Participation in the Entire RCRA Program -- Excerpt from 1990 RCRA

Orientation Manual

P: Public Participation in Enforcement and Compliance

Q: RCRA Public Participation Manual Revisions -- Task Group Participants

R: Accessing EPA Information

S: Pollution Prevention & Small Business Assistance Contacts

T: Glossary of Acronyms
Chapter 1: Introduction Page 1-1

This manual covers

federal public

participation

requirements. States

may have additional

requirements.

Chapter 1

Introduction

Overview of this

Manual

This manual is a guide to improving cooperation and communication

among all participants in the RCRA permitting process. Like the

September 1993 RCRA Public Involvement Manual (EPA530-R-93-006),

this manual outlines public participation procedures and what staff in EPA

and RCRA-authorized state programs can do to ensure that the public has

an early and meaningful role in the process. However, this new manual

goes beyond the scope of past manuals by providing public participation

guidance to regulated industries and the communities that interact with

them.

The broader scope of today's manual reflects EPA's belief that all

stakeholders have a role in providing for meaningful public participation. 

Permitting agencies, public interest organizations, community members,

and regulated facilities are all stakeholders in RCRA permitting actions. 

Each group has an interest in the permitting process and, moreover, can

take steps to increase public participation and improve communication. 

This manual provides guidance for all RCRA stakeholders who seek to

achieve these goals. Of course, the Federal and State agencies still

administer RCRA and its public participation activities, but EPA

acknowledges that members of communities and owners and operators of

hazardous waste management facilities also play an integral role in the

permitting process.

One reason for the broader scope of this guidance document is that facility

owners and operators have more formal responsibilities than ever in RCRA

public participation. This trend in EPA’s approach, demonstrated through

regulations such as the permit modifications procedures in 40 CFR 270.42

(52 FR 35838, September 23, 1987) and the part 124 changes in the "RCRA

Expanded Public Participation" rule (60 FR 63417-34, December 11, 1995),

has made facility owners and operators responsible for a number of public

participation activities -- from public notices to meetings and information

repositories. These new regulations underscore EPA's support for

strengthening the link between facilities and their host communities. 

This manual will also be helpful to many private companies that have

adopted, or are establishing, public participation programs as part of their

commitment to good corporate citizenship. While these activities often

take place outside of the official RCRA permitting process, EPA supports
Chapter 1: Introduction Page 1-2

Some of the most

meaningful involvement for

citizens may occur outside

of the official process.

facilities in their efforts to inform and involve the public. This manual will

guide facility owners and operators as they implement the public

participation requirements of the RCRA program, especially those in the

RCRA Expanded Public Participation rule. The manual will help facility

owners and operators go beyond the regulatory requirements, expand their

public participation activities, and build lasting relationships with

surrounding communities.

Citizens are an essential component of the RCRA permitting process. The

formal public participation activities, required by regulation, aim to provide

citizens with both access to information and opportunities to participate in

the process. Some citizens and other groups have expressed concerns about

barriers to involvement in RCRA permitting. EPA was also concerned --

as are many members of the public -- that formal public participation

begins too late in the permitting process and that RCRA permitting

information is not always accessible to people. In response to these

concerns and others, EPA promulgated the RCRA Expanded Public

Participation rule. We hope that this rule and its accompanying policy

statement will improve access to permitting information and enhance public

participation. 

EPA recognizes that valuable public participation can take place outside of

the formal procedures mandated by regulation. Through informal channels,

citizens communicate and interact with other citizens, public interest

groups, regulated facilities, and permitting agencies. EPA supports

communities in their efforts to carry out informal means of participation

that go beyond regulatory standards. Some of the most meaningful and

informative involvement for citizens may come through activities not

organized by permitting agencies or regulated facilities. We hope that this

manual will be a valuable resource for communities and public interest

groups that are concerned about RCRA facilities in their area. 

Following this introductory chapter, the manual is organized as follows: 

Chapter 2, “Guidelines for a Successful Public Participation

Program,” introduces some basic public participation concepts and

points out principles of public participation that we encourage all

RCRA stakeholders to follow.

Chapter 3, “Public Participation in RCRA Permitting,” covers the

basic steps in the RCRA permitting process and the public

participation activities that accompany them. After reviewing the

requirements, the chapter provides a list of additional participation

activities to supplement the requirements.

Chapter 4, “Public Participation for RCRA Corrective Action Under

Permits and §3008(h) Orders,” details EPA’s public participation

guidelines for the corrective action program. This chapter reflects the
Chapter 1: Introduction Page 1-3

current agency position on these issues as the corrective action

program continues to evolve.

Chapter 5, “Public Participation Activities: How to do Them,”

provides detailed descriptions for dozens of public participation

techniques -- required and optional, formal and informal. The chapter

explains all of the public participation methods mentioned in the

previous chapters and provides information on additional methods.

The Appendices provide resources that will help any participant in the

RCRA permitting or corrective action programs. Included in the

Appendices are: phone numbers and addresses for contact persons at

all state agencies, the 10 EPA Regional offices, and EPA

Headquarters; current permitting fact sheets; example notices and

press releases; and EPA policy memoranda.

If you already have a general knowledge of the RCRA permitting program,

you may want to skip ahead to Chapter 2 at this point.

The Big Picture The RCRA program involves many people and organizations with roles

that vary greatly. Congress writes or amends the Act which, when signed

by the President, becomes law. After the Office of Solid Waste and Emergency Response (OSWER) at EPA develops the regulations that more

specifically define and explain how the law will be implemented, the

RCRA program is implemented by both EPA Headquarters (OSWER) and

staff in EPA regional offices. The states may, in turn, apply to EPA for the

authority to run all or part of the RCRA program. In doing so, a state may

adopt the federal program outright or develop its own program, as long as it

is at least as stringent and as broad in scope as the federal program. The

regulated community is involved with the RCRA program because it must

comply with the law and its regulations. Finally, the general public

participates by providing input and comments at almost every stage of the

program's development and implementation.

RCRA and its 1984

Amendments

The Resource Conservation and Recovery Act, an amendment to the Solid

Waste Disposal Act, was enacted by Congress in 1976 to address a problem

of enormous magnitude -- how to safely manage and dispose of the huge

volumes of municipal and industrial solid waste generated nationwide. The

goals set by RCRA were:

C To protect human health and the environment;

C To reduce waste and conserve energy and natural resources; and
Chapter 1: Introduction Page 1-4

RCRA GOALS

C To protect human health

and the environment

C To reduce waste and

conserve energy and

natural resources

C To reduce or eliminate the

generation of hazardous

waste as expeditiously as

possible

C To reduce or eliminate the generation of hazardous waste as

expeditiously as possible (also referred to as waste minimization and

pollution prevention).

The Act continues to evolve as Congress amends it to reflect changing

needs. It has been amended several times since 1976, most significantly on

November 8, 1984. The 1984 amendments, called the Hazardous and Solid

Waste Amendments (HSWA), significantly expand the scope and

requirements of RCRA. The HSWA provisions related to corrective action

at RCRA facilities are described later in this chapter.

The program outlined under Subtitle C of the Act is the one most people

think about when RCRA is mentioned. Subtitle C establishes a program to

manage hazardous wastes from cradle to grave. The objective of the

Subtitle C program is to ensure that hazardous waste is handled in a manner

that protects human health and the environment. To this end, EPA

established regulations under Subtitle C regarding the generation;

transportation; and treatment, storage, and disposal of hazardous waste. 

These regulations are found in Title 40 of the Code of Federal Regulations

(CFR), in Parts 261-266 and Parts 268-270. [Note: The CFR contains all

the general and permanent rules published by the Executive departments

and agencies of the Federal Government.] 

The Subtitle C program has resulted in perhaps the most comprehensive

regulatory program EPA has ever developed. The Subtitle C regulations

first identify those solid wastes that are "hazardous" and then establish

various administrative requirements for the three categories of hazardous

waste handlers: (1) generators; (2) transporters; and (3) owners or

operators of treatment, storage, and disposal (TSD) facilities. This manual

applies only to the TSD facilities, and the term "facilities" in this manual

refers only to TSD facilities. The Subtitle C regulations set technical standards for the design and safe operation of hazardous waste facilities. These

standards are designed to minimize the release of hazardous waste into the

environment. Furthermore, the regulations for RCRA facilities serve as the

basis for developing and issuing (or denying) permits to each facility. Issuing permits is essential to the Subtitle C regulatory program because it is

through the permitting process that the regulatory agency actually applies

the technical standards to facilities.

RCRA Facility

Permitting

Owners or operators of TSD facilities are required to submit a

comprehensive permit application covering all aspects of the design,

operation, maintenance, and closure of the facility. Owners and operators

are also required to certify annually that they have a waste minimization

program in place. Many companies have found waste minimization is

often a cost-effective alternative or supplement to waste management. 

Facilities in existence on November 19, 1980, operate under interim status

until a final permit decision is made. Similarly, facilities that are in
Chapter 1: Introduction Page 1-5

existence when new regulations are promulgated that subject them to

RCRA Subtitle C may also operate under interim status while they proceed

through the permitting process. New facilities are ineligible for interim

status and must receive a RCRA permit before construction can commence.

The permit application is divided into two parts: A and B. Part A is a short,

standard form that collects general information about a facility. Part B is

much more detailed and requires the owner or operator to supply detailed

and highly technical information about facility operations. Because there is

no standard form for Part B, the owner or operator must rely on the

regulations to determine what to include in this part of the application. 

Existing facilities that received hazardous waste on or after November 19,

1980, or subsequently fell under Subtitle C due to new regulations,

submitted their Part As when applying for interim status. Their Part B

applications can be either submitted voluntarily or called in by the

regulatory agency. Owners or operators of new facilities must submit Parts

A and B simultaneously at least 180 days prior to the date on which they

expect to begin physical construction; however, construction cannot begin

until the agency has issued the permit. Permit applications are processed

according to the procedures found in 40 CFR Part 124.

The RCRA

Corrective Action

Program

RCRA requires owners and operators of RCRA facilities to clean up

contamination resulting from present and past practices, including those

practices of previous owners of the facility. These clean up activities are

known as corrective action. HSWA added three provisions for corrective

action, thus significantly expanding EPA's authority to initiate corrective

action at both permitted RCRA facilities and facilities operating under

interim status. Section 3004(u) of HSWA requires that any permit issued

under RCRA §3005(c) to a facility after November 8, 1984 address

corrective action for releases of hazardous wastes or hazardous constituents

from any solid waste management unit (SWMU) at the facility. If all

corrective action activities cannot be completed prior to permit issuance,

then the permit must include a “schedule of compliance” establishing

deadlines and financial assurances for completing the required corrective

actions. Section 3004(v) authorizes EPA to require corrective action

beyond the facility boundary, if necessary. Finally, §3008(h) authorizes

EPA to issue administrative (i.e., enforcement) orders or bring court action

to require corrective action or other measures, as appropriate, when there

is, or has been, release of hazardous waste or hazardous constituents from a

RCRA facility operating under interim status.

Corrective action is typically carried out by the facility owner or operator

under the requirements or conditions stated in the RCRA permit or

administrative order. In some cases, the owner or operator is required,

through an order, to begin corrective action prior to permit issuance. If the

regulatory agency issues a permit to the facility prior to completion of all

activities specified in the order, then the agency may require the owner or
Chapter 1: Introduction Page 1-6

operator to continue all or some of the activities under the order, or may

incorporate the requirements of the order into the RCRA permit schedule of

compliance.

Public Participation

in the RCRA

Program

Section 7004(b) of RCRA gives EPA broad authority to provide for,

encourage, and assist public participation in the development, revision,

implementation, and enforcement of any regulation, guideline, or program

under RCRA. In addition, the statute specifies certain public notices (radio,

newspaper, and a letter to relevant agencies) that EPA must provide before

issuing any RCRA permit. The statute also establishes a process by which

the public can dispute a permit and request a public hearing to discuss it.

In fulfilling its statutory mandate, EPA has written regulations to

implement the RCRA program. To carry out its public participation

responsibilities under the Act, EPA has used its authority to develop

specific public participation activities in the RCRA permitting program. As

we explain in more detail in the following chapters, EPA's RCRA

regulations provide for public participation at all hazardous waste

management facilities -- from before permit application, through the

permitting process, and during the permit life.
Chapter 2: Guidelines for Success Page 2-1

Figure 1 -- The Public Participation Triangle

Chapter 2

Guidelines for a Successful Public

Participation Program

What is Public

Participation?

Public participation

increases the public’s

ability to understand and

influence the process.

The RCRA permitting process brings government, private industry, public

interest groups, and citizens together to make important decisions about

hazardous waste management facilities. These groups and individuals have

a stake in the facility under consideration, its operations, corrective action,

or changes in its design or administration. As “stakeholders” they will

communicate and interact throughout the permitting process and possibly

throughout the life of the facility. 

Public participation plays an integral role in the RCRA permitting process. 

Officially speaking, EPA uses the term “public participation” to denote the

activities where permitting agencies and permittees encourage public input

and feedback, conduct a dialogue with the public, provide access to

decision-makers, assimilate public viewpoints and preferences, and

demonstrate that those viewpoints and preferences have been considered by

the decision-makers (see 40 CFR 25.3(b)). “The public” in this case refers

not only to private citizens, but also representatives of consumer,

environmental, and minority associations; trade, industrial, agricultural, and

labor organizations; public health, scientific, and professional societies;

civic associations; public officials; and governmental and educational

associations (see 40 CFR

25.3(a)). When one

considers “the public” in

this broad sense, public

participation can mean any

stakeholder activity carried

out to increase public’s

ability to understand and

influence the RCRA

permitting process.

We can represent the

relations between these

stakeholders as a triangle with the regulators, the facility owner/operator,

and the interested public each forming a corner. Out of each corner runs a
Chapter 2: Guidelines for Success Page 2-2

Public

participation is a

dialogue.

line that represents each group’s communication with the other participants

in the process. 

In the best case, the stakeholders interact well, the lines of communication

are strong between all the parties, and information flows in both directions

around the triangle. This last point is important: public participation is a

dialogue. You will read more about this dialogue later in this chapter.

Why Bother With

Public

Participation?

Public input can

help the agency and

the permittee make

better technical

decisions.

There are a number of reasons why agencies, facilities, and interest groups

should provide for RCRA public participation and why citizens should

make an effort to participate in RCRA decision-making. The first, and

most obvious reason, is that facilities and permitting agencies are required

to conduct public participation activities under the Act and its

implementing regulations. Additional activities provided by facilities,

agencies, and other organizations in the community can complement the

required activities. 

The second reason to bother with public participation is “good

government.” Permitting agencies are charged with making many

controversial decisions, which should not be made by technical expertise

alone. Public participation in controversial decision-making is an essential

element of the good government philosophy. Community members have a

right to be heard and to expect government agencies to be open and

responsive. 

In addition to providing good government, the third reason for encouraging

public input is that it can help agencies reach better technical solutions and,

thus, make better policy decisions. Public input can also help permittees or

prospective applicants make better business and technical decisions. A

community is most qualified to tell you about its own needs, and people

who live with a facility every day will have the familiarity to provide useful

insights. Experience has shown that RCRA actions often benefit from

public participation. With public input, permitting decisions can gain a

breadth and an appreciation of local circumstances that technical staff alone

could not provide. 

The fourth reason to bother with public participation is that RCRA actions

are more likely to be accepted and supported by community members who

can see that they have had an active role in shaping the decision. Showing

community members that the regulatory agency or the facility is willing to

address community concerns will establish the foundation for improved

understanding and community involvement in the process, even if members

of the community do not always agree with the outcome of that process. 

By promoting public participation, permitting agencies can reduce the

potential for concern over less consequential risks and dedicate more
Chapter 2: Guidelines for Success Page 2-3

resources to addressing serious risks and issues. Many companies have

also found that promoting early and meaningful public participation can

save resources in the long run by avoiding delays and lawsuits based on

public opposition. 

What Makes A

Successful Public

Participation

Program?

A successful public participation program is inclusive. It allows members

of the community to have an active voice in the RCRA decision-making

process. Agency staff, facility personnel, and citizens will be able to talk

openly and frankly with one another about RCRA-related issues, and search

for mutually-agreeable solutions to differences. 

In addition to the paragraph above, a successful public participation

program will meet the targets set out in the subsections that make up the

remainder of this chapter. The principles in these following subsections are

applicable to all public participation activities.

Dialogue and Feedback

The address and phone

number of a contact

person should appear on

fact sheets, notices and

other outreach materials.

Public participation

should encourage

“feedback loops.”

A vital and successful public participation program requires a dialogue, not

a monologue. In other words, information must flow in loops between any

two stakeholder groups. For example, the regulators should not just release

information to the facility owner/operator, who passes it to the community,

who then contacts the regulators. The regulator should make the

information available to everyone and ask for feedback. Each corner of

the triangle must keep the two-way conversation going with the two

remaining corners. 

Open communication lines require participants to be accessible to the other

stakeholders. An effective way to make your group accessible is to

designate a contact person for every permitting activity. The contact

person should make his or her address and phone number available to the

other stakeholders by printing it on any fact sheets or other informational

materials produced by the organization. The contact person will field all

inquiries on the permitting activity at hand. Other people involved in the

process will appreciate this single and accessible point of contact. 

Without an active two-way communications process, no party will benefit

from the "feedback loop" that public participation should provide. For

example, if the regulatory agency sends out a fact sheet about an upcoming

permit action, that fact sheet alone does not constitute public participation. 

Missing is the "feedback loop," or a way for the agency to hear from those

who read the fact sheet. To get feedback, the agency might name a contact

person in the fact sheet and encourage telephone or written comments,

place calls to civic or neighborhood associations, visit a community group,

or hold a meeting or workshop to discuss material in the fact sheet. 

Feedback loops enable the agency to monitor public interest or concern,
Chapter 2: Guidelines for Success Page 2-4

Members of the public

have valid concerns and

can often improve the

quality of permits and

agency decisions.

adjust public participation activities, and respond quickly and effectively to

changing needs. The feedback loop is a useful tool for all stakeholders in

the process.

Even if a feedback loop operates successfully, public participation cannot

be successful if the permitting agency or the facility is reluctant or unable

to consider changes to a proposed activity or permit action based on public

comment or other input. While the decision-makers at the agency or the

facility need not incorporate every change recommended by the public,

they should give serious consideration to these suggestions and respond by

explaining why they agree or disagree. Members of the public, like other

stakeholders in the process, have valid concerns and can often contribute

information and ideas that improve the quality of permits and agency

decisions. Regulators and facility owner/operators should take special

notice of this point and make available more opportunities for public

participation. 

Honesty and Openness As we emphasized in the section above, participants in the RCRA

permitting process should make all efforts to establish open paths of

communication. Being honest and open is the best way to earn trust and

credibility with the other stakeholders in the process. Making information

available to the community and providing for community input can

improve public perception of the permitting agency or the facility and lead

to greater trust and credibility. Trust and credibility, in turn, can lead to

better communication and cooperation and can focus the public debate on

issues of environmental and economic impacts. 

Establishing trust should be the cornerstone of your public participation

activities. The following is a list of things to remember when establishing

your credibility:

1. Remember the factors that are necessary for establishing trust --

consistency, competence, care, and honor.

2. Encourage meaningful involvement by other stakeholders.

3. Pay attention to process.

4. Explain the process and eliminate any mystery.

5. Be forthcoming with information and involve the public from the

outset.

6. Focus on building trust as well as generating good data.

7. Follow up. Get back to people. Fulfill your obligations.

8. Make only promises that you can keep.

9. Provide information that meets people’s needs.

10. Get the facts straight.

11. Coordinate within your organization.

12. Don’t give mixed messages.

13. Listen to what other stakeholders are telling you.
Chapter 2: Guidelines for Success Page 2-5

14. Enlist the help of organizations that have credibility with

communities.

15. Avoid secret meetings.

This list was adapted from the manual Improving Dialogue With

Communities (New Jersey Department of Environmental Protection, 1988). 

This manual and a number of other sources produced by states, EPA, trade

groups, and public interest groups are available for more information on

trust and credibility factors.

A Commitment to the

Public

Public officials have ethical obligations to the public that have a practical

value in building the foundation necessary for successful communication:

* informing the public of the consequences of taking, or not taking, a

proposed action;

* showing people how to participate so that interested people can;

* keeping the public informed about significant issues and proposed

project changes;

* providing all segments of the public with equal access to information

and to decision-makers; 

* assuring that the public has the opportunity to understand official

programs and proposed actions, and that the government fully

considers the public’s concerns; and

* seeking the full spectrum of opinion within the community, not only

from the business community and other agencies, but also from

neighborhood and community groups, environmental organizations,

and interests with other points of view.

(Adapted from Sites for our Solid Waste, Environmental Protection

Agency, EPA/530-SW-90-019, March 1990 and 40 CFR 25.3(c)).

An Informed and Active

Citizenry

If you are a citizen who is interested in a permitting issue, the regulations

provide a number of opportunities to access information and get involved. 

The following activities are some things citizens can do to be influential

and well-informed participants.

C Contact the permitting agency early. Identify the designated contact

person for the project (the name should be on fact sheets and notices,

or available by calling the agency).

C Do background research by talking to local officials, contacting
Chapter 2: Guidelines for Success Page 2-6

research or industrial organizations, reading permitting agency

material, and interacting with interested groups in the community.

C Perform an assessment. Request background information from the

permitting agency, local officials, and the facility ownership. Ask

about day-to-day activities, the decision-making structure, and current

policies and procedures; inquire about how the proposed project fits

into larger political issues, local planning, and the facility’s business

plans. Request special information that may open up additional

solutions, including pollution prevention approaches that may reduce

or recycle the amount of waste that is managed in the facility. 

C Ask to have your name put on the facility mailing list for notices, fact

sheets, and other documents distributed by the agency. Add your

name to mailing lists maintained by involved environmental groups,

public interest and civic organizations.

C Tell the permitting agency, the facility owner/operator, and other

involved groups what types of public participation activities will be

most useful for you and your community. Inform them about the

communication pathways in your area (e.g., what newspapers people

read most, what radio stations are popular), the best locations for

information repositories and meetings, and other information needs in

the community (e.g., multilingual publications).

C Submit written comments that are clear, concise, and welldocumented. Remember that, by law, permitting agencies must

consider all significant written comments submitted during a formal

comment period.

C Participate in public hearings and other meetings; provide oral

testimony that supports your position. Remember that a public

hearing is not required unless someone specifically requests one in

writing.

C If any material needs further explanation, if you need to clear up some

details about the facility or the permitting process, or you would like

to express specific concerns, then request an informational meeting

with the permitting agency or the appropriate organization, such as

the State’s pollution prevention technical assistance office. 

C Follow the process closely. Watch for permitting agency decisions

and review its responses to public comments. Be aware that you have

an opportunity to appeal agency decisions.

C Remember that your interest and input are important to the agency
Chapter 2: Guidelines for Success Page 2-7

and other concerned stakeholders.

C To get tips about community organizing, information about how to

participate in the regulatory process, or possible referrals to other

involved groups in your area, you can contact the local League of

Women Voters chapter. If you cannot contact a local chapter, or one

does not exist, you can contact the state chapter. Phone numbers and

addresses are provided in Appendix C.

EPA encourages citizens to consider these recommendations and follow

them where applicable. At the same time, EPA recognizes that the best

way to participate will be different in every situation. Citizens should

contact other concerned persons, community organizations, and

environmental groups to determine how citizens can best influence the

permitting process. 

Starting Early A good public participation effort involves the public early in the process,

encourages feedback, and addresses public concerns before initial

decisions. The permitting agency, the facility owner/operator, and public

interest organizations involved in the RCRA permitting process should

make all reasonable efforts to provide for early stakeholder participation

and open access to information. These efforts should include informing and

seeking feedback from impacted communities before any significant

actions. You should avoid the appearance of making decisions before

public input. Even in cases where the facility and the agency meet

privately in the early stages of the process, they should keep up the lines of

communication with the public. One State agency has found success by

making a meeting summary available to the public in an information

repository whenever the regulators meet with facility staff. Such gestures

can increase public faith while reassuring people that the agency will seek

public input before making major permitting decisions.

 EPA encourages public participation activities throughout the RCRA

permitting process, especially when the activities foster an early, open

dialogue with potentially affected parties. This can be particularly effective

in exploring alternatives to treatment or that go beyond compliance,

including for example, pollution prevention. 

Early outreach and straightforward information can establish trust among

the other stakeholders while reducing misinformation and rumors. Key

contacts in the community should always know about planned activities that

will be visible to members of the community, such as construction work or

excavation related to facility expansions or corrective action. Interested

people or groups in the community can use early participation activities to
Chapter 2: Guidelines for Success Page 2-8

Start early and plan

ahead: public interest in a

facility can grow rapidly

and unexpectedly.

make their concerns and suggestions known before major decisions take

place. Since early participation activities may be the first word that people

hear about a permitting activity, EPA is requiring expanded notice efforts

before the facility submits a permit application (see “Notice of the PreApplication Meeting” in Chapter 3). All stakeholders should use their

knowledge of individual communities and local communication channels

(e.g., contacts in the community, the media, civic and religious

organizations) to foster effective information-sharing.

RCRA regulations require facilities and agencies to start public

participation activities prior to application submittal, and continue them

through the entire life of the permit. In essence, the facility owner or

operator cannot put off public participation. EPA encourages permit

applicants and permit holders to take early public participation activities

seriously -- early activities can set the tone for the permitting process and

even the entire life of the facility.

Setting up an effective public participation program is a valuable use of

time and resources. External pressure to start public participation work

may not be present at the outset of a project, because members of the public

may be unaware of the facility's operations and the regulatory agency's

activities. However, public interest in a facility can grow rapidly and

unexpectedly. Participants can best prepare for such situations by assessing

their communities, taking proactive steps, and preparing for contingencies. 

Getting the news out early gives people time to react. Other stakeholders

can offer better information and suggestions when they have some time to

think about it. For example, a facility can better incorporate community

concerns into its permit application if it hears public concerns well before

application submittal. Agencies and facilities owe the public the same

courtesy, allowing citizens adequate time to review, evaluate, and comment

on important information. By the same token, citizen participants should

do their best to make their interests known early. If a citizen is invited to

participate early, but decides not to and raises issues at the end of a process,

then that citizen risks losing credibility with other stakeholders in the

process. 

Finally, extensive early outreach (as we point out in the following section)

will make the permitting process or the corrective action smoother over the

long run. Early outreach brings issues to the surface before stakeholders

have invested great amounts of time and resources in a project; these issues

are easier to address at an early stage. Moreover, early outreach minimizes

the possibility that the public will feel like the agency or the facility is

surprising them with an undesirable project. By providing early notice,

agencies and facilities can avoid the public reactions that have “blindsided” some projects in the past. 
Chapter 2: Guidelines for Success Page 2-9

Assessing the Situation

Every community is

different. What works

in one community may

not work in another.

Public participation

activities should

change over time to

suit the level of

interest in a facility.

Community assessments are an important step to take before preparing or

revising a public participation strategy. Assessments are essential tools for

facility owners who are applying for a RCRA permit (including interim

status facilities), seeking a major permit modification, or undertaking

significant corrective action. Permitting agencies should focus their

assessments on communities where a major new facility is seeking a

permit, or in other cases where permitting activity or corrective action has

the potential to evoke public interest. Additionally, assessments may be

appropriate at any stage during the life of a facility, especially in situations

where the level of public interest seems to be changing.

Community assessments allow agencies, facility owners, and public interest

groups to tailor regulatory requirements and additional activities to fit the

needs of particular communities. Each community is different and has its

own way of spreading information and getting people interested. Important

institutions and groups will also vary from place to place, as will

socioeconomic status, culture and traditions, political and religious activity,

and values. The facility owner, public interest groups, and the agency

should make all reasonable efforts to learn the facts about the affected

community. These data are essential to choosing public participation

activities that will be useful and meaningful for the community. 

Determining the Level of Public Interest

Some permitting activities do not generate much interest or concern among

community members. Other activities will evoke strong interest and will

require a much greater public participation effort. Although there are no

hard and fast rules that make a facility a low- or high-profile facility, the

level of interest will depend on a number of factors, such as (1) the type of

RCRA action and its implications for public health and welfare; (2) the

current relationships among the community, the facility, the regulatory

agency or agencies, and other groups; and (3) the larger context in which

the RCRA action is taking place, including the political situation,

economics, and important community issues. Exhibit 2-1 (at the end of

this Chapter) provides a guide for determining a facility's potential to be

low-, medium-, or high-interest to the public. 

While these guidelines can be useful as an early planning tool to predict

public interest, agencies and facility owners should be flexible and prepared

for rapid changes in the level of public interest in a permitting activity. The

apparent level of public interest does not always reflect the potential for

public interest. In some cases, the regulatory minimum will be sufficient. 

In other cases, the agency or facility should be prepared to provide

additional input and information, as needed. Public participation activities

should correspond to the level of community interest as it changes over
Chapter 2: Guidelines for Success Page 2-10

time. 

Public interest, environmental, and civic organizations also assess their

communities to determine the amount of interest in a permitting activity. 

These organizations can take steps to encourage public participation in the

permitting process. Door-to-door canvassing, public information sessions,

flyers, fact sheets, neighborhood bulletins, and mailings are all methods of

sharing information with the public and encouraging citizen involvement. 

Organizations that are attempting to encourage public participation may

find the rest of this section useful. In addition, more information for such

groups is available by contacting the League of Women Voters (see

Appendix C for contacts). 

Community Assessment Methods

Facility owners should gather background information about the

community before seeking a permit or a permit modification. Regulators

should find out about community concerns at the outset of a major project

or any project that seems likely to raise significant public interest. Public

interest groups may want to perform similar background work. As

emphasized in the previous section, understanding a community is essential

to creating a successful public participation effort. 

The facility owner is responsible for collecting his or her own information

about a community before initiating any permitting activity (e.g., before

requesting a permit modification or applying for a permit). Permitting

agencies, on the other hand, should dedicate their resources, using their

own judgment, to learning about concerns in the community and assessing

communities where there is a high level of interest in a permitting activity. 

In some cases, permitting agencies and facility owners have cooperated to

do joint outreach activities, and believe that the agency presence has made

members of the community more comfortable during interviews or other

activities. EPA does not recommend such cooperation as a rule (because,

for example, other stakeholders could perceive this as “taking sides”). 

Permitting agencies should use their discretion and maintain the agency’s

proper role during any such activities. 

EPA recommends the following steps for gathering information about the

community. Although facility owners may want to follow these steps

before every major permitting activity (e.g., applying for a permit or a

major modification), permitting agencies should focus on major activities at

facilities that have the potential to raise significant public interest :

C Reviewing news clippings and other information that indicates how

the community is reacting to the facility or the permitting activity.
Chapter 2: Guidelines for Success Page 2-11

EPA recommends

community interviews

when there is a high level

of public interest.

C Talking to colleagues or anyone who has experience working with

members of the particular community.

C Contacting companies, universities, local governments, civic groups,

or public interest organizations that already have experience in the

community. These groups may be able to provide useful information

about community concerns, demographics, or reactions to other

industry in the area. They may be able to point you towards other

existing sources of community information.

If it seems like there is a low level of interest in the facility at this point,

and things are not likely to change, the agency and the facility owner can

begin planning the required public participation activities. 

If, however, the facility shows indications of being a moderate- to highinterest level facility, a more detailed analysis of the community might be

necessary, and additional public participation activities planned.

C To get a fuller picture, staff from the agency or the facility should

consider contacting community leaders and representatives of major

community groups to talk about the facility and the planned RCRA

action. These interviews should represent a fair cross-section of

viewpoints in the community. The community representatives may

have a feel for how much community interest there is in a permitting

activity. They also may be able to provide advice on how to handle

the situation.

C If there are indications of likely high interest from the outset (e.g., a

facility that is likely to be controversial is seeking a permit), the

agency or the facility owner should consider conducting a broad range

of community interviews with as many individuals as possible,

including the facility's immediate neighbors, representatives from

agencies that will participate in the RCRA action, community

organizations, and individuals who have expressed interest in the

facility (e.g., people on the agency’s mailing list, newspaper

reporters, local officials). A detailed discussion of how to conduct

community interviews is provided in Chapter 5. 

C After collecting the necessary information, the agency or the facility

may wish to prepare a brief summary of major community concerns

and issues (no more than five pages). The summary can be integrated

into the public participation plan document or used as the basis for

developing a “Question and Answer”-type fact sheet to distribute

back to the community. See Chapter 5 for additional information on

these activities.

Exhibit 2-2 at the end of this Chapter summarizes the steps to take in
Chapter 2: Guidelines for Success Page 2-12

The scope of the

affected community

will vary from facility

to facility.

determining the level of public interest in facilities and gathering

background information.

Targeting Public Participation in Communities

This initial assessment should provide a good idea about the scope and

makeup of the "affected community." Pinpointing the affected community

can be a difficult process; everyone has a different definition. EPA will not

try to define the affected community here because its composition will vary

with the particular characteristics of each facility and its surrounding

community. In some cases, however, it may be appropriate to target a

segment of the population that is broader than the “affected community.” 

For instance, the appropriate target for early public notices and some other

activities may go beyond people who are directly affected, to include

citizens who are potentially interested or concerned about the facility. EPA

recognizes that the distinction between “affected” and “concerned” or

“interested” will not be completely clear in all cases. Permitting agencies

should use their best judgment.

EPA realizes that resources will limit the breadth of any public

participation program and that focus is necessary. It is clear that some

people will have a more direct interest than others in a particular permitting

activity. Given practical resource limitations, public participation activities

should focus first on people with a more direct interest in a RCRA facility,

while also realizing that “direct interest” is not always determined by

physical proximity to a facility alone. It is impossible to point out all

people who have a direct interest, but, as a general guideline, people with

the most direct interests will live in the general vicinity of the facility, or

have the potential to be affected by releases to groundwater, air, surface

water or the local environment (e.g., through game, livestock, or agriculture

or damage to natural areas). Direct interests may also include people who

live on or near roads that will accept increased traffic of hazardous wastecarrying vehicles. EPA acknowledges that people residing a significant

distance from the facility may have legitimate and important concerns, but

EPA thinks it is reasonable to focus limited public participation resources

on communities with direct interests. See the section on “The Mailing

List” in Chapter 3 for a list of organizations that you should consider when

thinking about the interested or affected community.

The Citizen’s Role

Citizens in the community may want to assess the permitting situation, the

agency (or agencies) involved, and the facility owner/operator. As we

pointed out in the section above, citizens can get background on a

permitting issue by talking to local officials, contacting research or

industrial organizations, reading permitting agency material, and interacting
Chapter 2: Guidelines for Success Page 2-13

Valuable public

interaction can take place

outside of the formal

permitting process.

with interested groups in the community. Citizens may also want to find

out about day-to-day activities at the facility or the agency, the decisionmaking structures they use, and their current policies and procedures. 

Citizens may want to get more information on the owner’s/operator’s

involvement with other facilities or other activities. The contact persons

for the facility and the agency are also good to know. Citizens can also talk

to local officials, the agency, or the facility to find out how the proposed

project fits into larger political issues, what local planning issues are

involved, and what the facility’s business plans are.

Individual community members can take part in the assessment process by

providing input to other stakeholders through interviews, focus groups, or

other methods used in community assessments (also see the section on “An

Informed and Active Citizenry” earlier in this Chapter). This guidance

manual gives an overview of the RCRA permitting process which

individual community members may find helpful. The Appendices at the

end of this manual provides other resources and contacts (the RCRA

Hotline, agency phone numbers, and League of Women Voters’ contacts)

that citizens can access. EPA is also compiling a reference list of public

participation and risk communication literature. The list is available

through either the RCRA Information Center, in Docket Number F-95-

PPCF-FFFFF, or through the RCRA Hotline (see Appendix A for

appropriate telephone numbers). Members of the public can find out about

permit activities in their area by contacting the permitting agency, talking

to environmental groups or public interest organizations, reading state,

federal, and private environmental publications in the library, looking for

zoning signs or other announcements, attending public meetings and

hearings, watching the legal notice section of the newspaper or checking

display advertisements, listening to local talk shows, or keeping up with

local events through town bulletins, associations, or council meetings. 

In addition, members of the community can contact the permitting agency

or the facility -- outside of any formal activity -- to give early input and to

share their concerns. Community members should suggest public

participation activities, meeting locations, or means of communication that

will work well in their community. This sort of informal communication,

via letter or interview, can be very helpful, especially in terms of

establishing a public participation plan (see Chapter 5 for a description of

public participation plans). EPA also recognizes that valuable public

interaction takes place outside of the formal permitting process. Citizens

may choose to contact other groups in the community that have an interest

in the permitting activity. Environmental, public interest, and civic

organizations often play a role in the RCRA permitting process. These

groups can provide interested citizens the opportunity to participate in

efforts to influence the permitting process through collective action. 
Chapter 2: Guidelines for Success Page 2-14

Alternatively, citizens may see fit to create new organizations to discuss

issues related to the permitting process or to provide input into the process.

Planning for

Participation

The plan should create a

structure for information

to flow both to and from

the public.

A good public participation program avoids misunderstandings by

anticipating the needs of the participants. It provides activities and

informational materials that meet the needs of, and communicate clearly to,

specific community members and groups. The public participation plan is

the agency’s schedule and strategy for public participation during the initial

permitting process, significant corrective actions, and other permitting

activities at facilities receiving high levels of public interest.

After assessing the situation, the agency should have an approximate idea

of how interested the public is in the facility. Based on the information

from the community assessment, the agency should draft a plan addressing

public participation activities throughout the prospective permitting process

and the life of the facility. For permitting activities and corrective actions

that do not raise a high level of public interest in the community, the public

participation plan will be a simple document, outlining the regulatory

requirements. Major permitting activities and other high-interest activities

will require a more detailed plan with participation opportunities that go

beyond the requirements. Agency staff should keep in mind that

community interest in a particular facility can change at any time; good

plans will prepare for contingencies.

EPA recognizes that permitting agencies do not always have the resources

they need to perform all the public participation activities they would like

to perform. Agency staff must consider resources in all stages of the

process, but particularly when developing a public participation plan. To

make fewer resources go further, agencies should consider working with

community groups, public interest organizations, and facility

owners/operators to plan public participation events. Some relatively

inexpensive activities can be very effective. More information on making

use of additional resources is available in Appendix M. Information on the

resources needed to perform specific public participation activities is

available in Chapter 5.

The goal of the public participation activities in the plan is to meet the

specific needs of members of the community by creating a structure for

information to flow both to and from the public. Anyone who plans public

participation activities should strive for useful and timely exchange of

information with the public. Again, EPA strongly encourages anyone

conducting public participation activities to solicit public input on the types

of communication and outreach activities that will work best in each
Chapter 2: Guidelines for Success Page 2-15

community. The agency, facility, civic and public interest groups should

coordinate their public participation efforts, emphasizing two-way

information exchange and avoiding unnecessary duplication in their

activities. 

To identify activities for the public participation program, the agency

should go through the following steps:

1. list the major community issues and concerns;

2. list the community characteristics that will have a bearing on

how you address these issues; and

3. list the activities that will address the community’s concerns

during the permitting process and, if applicable, corrective

action.

Once the agency has outlined activities for the facility at hand, it should put

together a strategy for implementing the activities. In general, the

following are the areas of responsibility for public participation that the

agency should consider:

C Interacting with the media, especially on high-profile facilities. If

there is a high degree of interest in the facility, it will be important to

have a media contact person who can get information out quickly,

accurately, and consistently. The assistance of a public affairs office

is often necessary (where applicable).

C Interacting with elected officials. For facilities receiving a

moderate to high level of interest, it is often beneficial to work with

elected officials to provide them with information they need to answer

their constituents' questions. Put together a team of people who can

fill the information needs of public officials. This team should

include senior people who can answer policy questions when

necessary.

C Answering telephone and written inquiries. It is important to

follow up on all requests for information that you receive from

stakeholders. Designate one person to be responsible for putting

together the answers to questions in a form that is understandable to

the public. This "contact person" should be named in all fact sheets

and public notices. Remember the importance of two-way

communication and the public participation triangle.

C Coordinating public participation with other stakeholders. It is

crucial that all the people who are working on public participation be

aware of what activities are being planned for the facility and any

other facilities in the area, so that activities can complement each
Chapter 2: Guidelines for Success Page 2-16

Public participation

activities should

coincide with major

steps in the

permitting process.

other whenever possible. At the least, try to avoid conflicts between

competing activities. Be sensitive to major events (e.g., celebrations,

other meetings, religious revivals, fundraisers, elections) and

important dates (e.g., local holidays, graduations) in the community. 

C Maintaining the mailing list and information repositories. A

mailing list is required under RCRA and the agency should update it

to include new people or organizations who have expressed an interest

in the facility. The facility and other organizations should refer to the

agency any requests to be on the official facility mailing list. If public

information repositories are established for the facility, they should be

indexed and updated at least quarterly, or as required by the

permitting agency. The facility may want to obtain a copy of the

mailing list to use for distributing information.

C Planning and conducting public meetings. Set-up and coordination

are critical to the success of public meetings. Public participation

staff will need to choose a location for meetings based on public input

and the need for comfort and accessibility. The public participation

coordinator will need to schedule speakers, plan the agenda, and

provide a mediator (if necessary) at the meeting. Chapter 5 provides

more detail on public meetings, hearings, workshops, etc. 

C Handling production/distribution/placement of information,

including fact sheets, public notices, news releases, meeting

handouts and overheads, etc. Much of your public participation

time will be spent developing and producing information for

interested stakeholders. Permitting agency staff may want to refer to

Appendix M for a list of resources that can ease fact sheet and information production. Sometimes you may need to refer stakeholders to

other agencies that have information readily available, such as the

State pollution prevention technical assistance office, which often

have fact sheets and technical experts available. A list of pollution

prevention contacts is included in Appendix S.

The next step is to figure out a schedule of public participation activities. 

This schedule should include activities that are required by EPA

regulations. In general, the timing of additional public participation

activities should correspond to the completion of major steps in the

technical process (e.g., application submittal, draft permit issuance,

completion of the RFI). These are the times when members of the public

may have new questions or concerns about the proposed action or the

facility in light of new information, especially during corrective action. 

The regulators and the facility owner/operator should also be prepared to

notify the public when any major activity will be taking place at the facility

(e.g., start of construction for corrective action) or has taken place (e.g.,
Chapter 2: Guidelines for Success Page 2-17

Communities can

provide valuable advice

on what public

participation activities

will work best.

emergency response to releases).

Permitting agencies should take the lead in writing and revising public

participation plans, while allowing for input from other stakeholders and

coordinating with activities held by the facility, public interest groups, and

community organizations. The agency may want to involve other

stakeholders in a group process to form a comprehensive plan. Depending

on the amount of public interest in a facility, the plan could be an informal

one- or two-page document or a formal public involvement plan that will

be available to members of the community for comment. At a minimum,

the plan should include a list of the specific public participation activities

for the facility and a schedule for when they will occur. We encourage

agencies to make these plans -- formal and informal -- available to the

public. 

Developing a written public participation plan will help staff account for all

the necessary steps in the permitting or corrective action process. A formal

plan will also let the public know what type of activities to expect during

the process. EPA recommends that a formal plan contain the following

sections:

- executive summary;

- introduction/overview;

- facility history;

- the RCRA action taking place;

- summary of community interviews, outlining concerns;

- a description of any early consultation (e.g., interviews with

group leaders) that led to development of the plan;

- a list of the major issues likely to emerge during the process;

- an estimation of the level of public interest likely to be

generated by the decision under consideration; 

- public participation activities and schedule;

- a list of the agencies, groups, and key individuals most likely to

be interested in the process;

- a list of key contacts; and

- information on meeting and repository locations, where

applicable.

EPA encourages permitting agencies to seek public input on the plans; final

plans should be available for public review. This sort of input is important

for getting the public involved early in the process. In addition,

communities can provide useful advice on what channels of communication

will work best in the area and what sort of activities will provide the most

effective participation. Communities can provide practical solutions that

improve communication and may even save resources. For example, in

one community where rumors spread easily, citizens suggested that the

agency put status reports on voicemail so that people could call in for
Chapter 2: Guidelines for Success Page 2-18

regular updates.

There are numerous ways that the community can contribute during the

planning stage. Citizens can decide how interested they are in a particular

activity by discussing issues with other stakeholders, accessing relevant

documents, or calling hotlines or other experts. Those who would like to

participate in the formal process can use this time to raise questions or

develop their ideas. Some citizens may want to submit comments to the

agency on the public participation plan. Moreover, EPA encourages

interested citizens to meet together to discuss the potential impact of RCRA

actions on their communities. Citizen groups may want to invite experts

from the facility, the permitting agency, engineers, environmental

contractors, scientists, health experts, and attorneys to speak at their

meetings. 

Understanding and

Interaction Between

Stakeholders

While each stakeholder shares the responsibility of providing open and twoway communication, the roles and responsibilities of the different

stakeholders differ substantially. Participants in the RCRA permitting

process should acknowledge these differences and account for them as they

approach the process. We encourage participants to do their best to

understand the interests and concerns of the other participants by following

the principles below:

* Strive to respect other stakeholders and their opinions. Avoid

personal attacks.

* Understand that people have different levels of understanding of

RCRA. Not everyone is an expert, but everyone should have the

chance to know all the facts.

* Realize that decisions made during the permitting process can have

profound economic and social impacts. These decisions are very real

and important; people will live and work with them every day.

* Acknowledge that statutory and regulatory requirements limit what

can happen during the permitting process. Remember that everyone -

- citizens, regulators, facility owners/operators, and public interest

workers -- has resource and time constraints

* Recognize that people have concerns that go beyond the scientific or

technical details. These concerns deserve respect.

* Build your credibility by being fair, open, and respectful.

* Try to understand the values and interests of other stakeholders before

jumping to conclusions. 
Chapter 2: Guidelines for Success Page 2-19

Promoting

Environmental Justice

New EPA rules will

empower

communities by

giving them a greater

voice in the permitting

process.

Environmental justice refers to the fair distribution of environmental risks

across socioeconomic and racial groups. Some groups and individuals

associated with environmental justice issues have raised the concern that

EPA and some State environmental agencies do not provide equal

protection under the nation's environmental laws. With regard to the

RCRA permitting program, most of the concern surrounds the potential

additional risk that hazardous waste facilities may pose when located near

low-income or minority communities that already face an environmental

burden from multiple sources. 

On February 11, 1994, the President issued Executive Order 12898,

directing federal agencies to identify and address the environmental

concerns and issues of minority and low-income communities. EPA is

committed to the principles in this Executive Order. Furthermore, in an

effort to make environmental justice an integral part of the way we do

business, the Agency issued a policy directive, in September 1994

(OSWER 9200.3-17), that requires all future OSWER policy and guidance

documents to consider environmental justice issues. 

EPA is committed to equal protection in the implementation and

enforcement of the nation's environmental laws. Moreover, providing

environmental justice for all U.S. residents is a major priority for EPA. 

In the area of public participation, the Agency has made changes that will

empower communities and potentially increase their voice in the permitting

process. In the "RCRA Expanded Public Participation" rule (60 FR 63417-

34, December 11, 1995), EPA created more opportunity for public

involvement in the permitting process and increased access to permitting

information. The rule gives all communities a greater voice in decision

making and a clear opportunity to participate in permit decisions early in

the process. 

EPA strongly encourages facilities and permitting agencies to make all

reasonable efforts to ensure that all segments of the population have an

equal opportunity to participate in the permitting process and have equal

access to information in the process. These efforts may include, but are not

limited to:

C Providing interpreters, if needed, for public meetings.

Communicating with the community in its language is essential for

the two-way information flow required to ensure the public an

equitable voice in RCRA public participation activities.

C Providing multilingual fact sheets and other information. Making

sure that the materials presented to the public are written clearly in
Chapter 2: Guidelines for Success Page 2-20

the community's primary language.

C Tailoring your public participation program to the specific needs

of the community. Developing a program that specifically addresses

the community's needs will demonstrate to community members your

interest in achieving environmental equity and fostering a sense of

cooperation.

C Identifying internal channels of communication that the

community relies upon for its information, especially those

channels that reach the community in its own language. Examples

of these "channels" are a particular radio show or station, a local

television station, a non-English newspaper, or even influential

religious leaders. By identifying and making use of these valuable

communication channels, you can be sure that the information you

want to publicize reaches its target audience.

C Encouraging the formation of a citizens advisory group to serve

as the voice of the community. Such groups can provide meaningful

participation and empowerment for the affected community (see

Chapter 5 for more detail).

(Additional steps you can take to promote environmental justice are

available in Appendix D).

Although EPA has taken steps on a national level to address environmental

justice issues, many of these issues can be addressed more effectively at a

local level and on a site-specific basis. Local agencies and leaders have an

important role to play in addressing environmental justice concerns. 

The RCRA permitting process is intended to ensure that facilities are

operated in a manner that is protective of human health and the

environment. Environmental justice concerns are often broader in scope,

going beyond the technical design and operation of the facility to include

socio-economic, ethnic, and racial factors for the surrounding community. 

Within the context of public participation in RCRA permitting, the best

way to address environmental justice concerns is through active

communication. Keeping open lines of communication among permitting

agencies, facility owners, and community members is a good way to

promote awareness and understanding of the permitting process, the facility

operations, and the community’s concerns. Providing frequent

opportunities for community participation empowers the community to play

an important role throughout the process.

Permitting agencies should be forthright in explaining the scope and

limitations of permitting regulations to the community. Agencies should
Chapter 2: Guidelines for Success Page 2-21

also make sure that citizens understand their rights within the permitting

process (e.g., submitting comments, requesting a public hearing, appealing

permit decisions). Facility owners should strive to establish good relations

with the community and routinely interact with community members and

organizations, seeking input and feedback when making significant

decisions. Communities should gather information about other rights,

outside of the permitting process, such as those afforded under Title VI of

the Civil Rights Act.

Supporting CommunityBased Environmental

Protection

The best solutions to

many environmental

challenges are available

at the community level.

In its May, 1995 Action Plan, EPA's Office of Solid Waste and Emergency

Response (OSWER) endorses community-based environmental protection

(CBEP). CBEP is a method of solving environmental problems in the

context of the community in which they occur. OSWER's plan points to

CBEP as a method that "brings the government closer to the people it is

meant to serve." It also heralds CBEP as "a new way of accomplishing

traditional tasks in a more effective, more responsive manner."

Stakeholder involvement is one of the keys to CBEP. OSWER's plan

points to CBEP efforts as ones that "must empower and equip the

community to participate in environmental decisions, taking into account

not only the human but also the ecological and socioeconomic health of a

place." Thus, the involvement and cooperation of the community, facility

owners and operators, and agency personnel in the permitting process will

fuel CBEP efforts. Moreover, increased access to information and

opportunities for participation in the permitting process (like those in the

RCRA Expanded Public Participation Rule ) will empower communities

and enable them to practice CBEP.

We encourage permitting agencies, facility owners and operators, public

interest groups, and members of the community to carry out the spirit of

this manual. As we emphasized in the section on “Promoting

Environmental Justice” above, the best solutions to many environmental

challenges are available at the local community level, and no problem can

be solved without input from local stakeholders. Only by cooperating,

communicating, and providing feedback and equal opportunities can

community-based programs reach their potential for solving environmental

problems.

Permitting agencies can take a lead role in promoting a CBEP approach by

discussing RCRA issues in coordination with other environmental concerns

in a given area. Program distinctions between water, air, waste, and toxics

are less important to stakeholders outside of the agency. Agency staff

should be prepared to address RCRA concerns in the context of air and

water issues that may reach beyond a particular facility. Many companies

are particularly interested in finding opportunities to reduce process wastes
Chapter 2: Guidelines for Success Page 2-22

through pollution prevention and recycling that affect air, water, and waste

permit requirements. Several states are embarking on “whole facility”

approaches to permitting to take advantage of this approach. Permitting

agencies should consider using fact sheets and availability sessions to

explain RCRA’s relationship to other programs. Combining public

meetings across program lines could also make the entire environmental

picture more clear to stakeholders.

Re-evaluating and

Adjusting the Public

Participation Program

As RCRA activity increases at a facility and becomes more visible, public

interest in a site can increase dramatically. Interest can also fade away

without warning. Participants in the permitting process should anticipate

and plan for sudden changes in the level of interest in a facility. Periodic

communication with key community contacts can help to anticipate

changes in the attitude or interest of other stakeholders. All participants 

should make sure to keep their key contacts informed of all planned

activities -- especially activities that are highly visible and tend to raise a lot

of interest, such as construction work or excavation related to cleanups.

In addition, at facilities that are receiving high levels of public interest, the

agency or the facility may want to conduct follow-up community

interviews at a key point (or points) in the decision-making process. These

interviews will help predict major shifts in public interest or concern. The

agency should also encourage members of the community to submit

comments throughout the process and especially during formal comment

periods. Agency staff should make clear to the public (e.g., through fact

sheets) how the comment and response process works. 

Permitting agencies, facility owners, and other involved organizations

should evaluate the effectiveness of public participation programs regularly

through the process. The permitting process is complex and the best way to

measure the success of a public participation plan is not always clear. The

following are indicators that a public participation program is working:

- stakeholders are not asking the same questions over and over

again;

- stakeholders are not raising concerns about a lack of

information;

- the appropriate contact person is handling inquiries in a timely

manner;

- most of the public participation time is not devoted to correcting

breakdowns in the information-sharing triangle (see above)

between the community, the agency, and the facility;

- the channels of communication are well-defined and open;

- interested parties are providing informed comments on the

project; and
Chapter 2: Guidelines for Success Page 2-23

The best way to evaluate

the success of a public

participation program is to

ask other stakeholders what

is and isn’t working.

- members of the public are bringing their concerns to

stakeholders that are actively involved in the process, rather than

taking them directly to the press or elected officials.

- Creative, more flexible, technical solutions, including pollution

prevention solutions, are being explored.

If the program is not achieving these objectives, then the agency, facility,

and involved groups need to assess their techniques and determine what

changes will improve the program. If members of the community are

dissatisfied, then public participation activities may not be reaching the

right target audiences. The community may not have adequate access to

information or may not be understanding it because it is too complex. In

some cases, the public may need more detailed information. The

community may feel uncomfortable in relations with the facility or the

agency, or the agency or the facility may be uncomfortable relating to the

community. The facility may not understand its role in the process in

relation to the agency’s role. All of these difficulties can reduce the

effectiveness of the public participation program. The best way to find out

what is going wrong is to talk to the community and the other stakeholders. 

Ask them what is working and where improvements are needed. Modify

public participation activities based on their suggestions and your own time

and resource limitations.

Members of the community should have a chance to evaluate the public

participation activities that the agency, the facility, and public interest or

other groups are employing. EPA encourages participants to solicit

feedback from the public, going beyond the regulatory requirements where

necessary. Surveys, interviews, or informal meetings are all effective

ways to gather feedback. In addition, the agency, facility, and involved

groups should explain the permitting process to the community, update the

community on significant activities, and provide information that

community members can access and understand. If these standards are not

being met, then the community should communicate its concerns to the

appropriate contact person. Citizen input is the feedback that makes twoway communication work. All involved organizations should create a

means for citizens to let them know if public participation activities are not

working (e.g., use of a contact person, suggestion boxes, hotlines, surveys,

etc.). Once these organizations know where the breakdown is occurring,

they can adjust their programs to address community concerns.
Chapter 2: Guidelines for Success Page 2-24

Chapter Summary

Public participation, defined broadly, is any stakeholder activity carried out to increase public input or understanding of the

RCRA permitting process.

The public participation triangle represents the communication between the public, regulators, and the facility.

Public participation is based on a dialogue.

Public participation is required, it can lead to better technical decisions, and it can engender public support for a project.

A successful public participation program allows members of the community to have an active voice in the process and to have

free access to important information. Participants in a successful program will also pursue the following benchmarks:

- Creating a dialogue that provides for feedback;

- Establishing trust and credibility in the community through honesty and openness;

- Fostering an informed and active citizenry that follows the process, gives input to other stakeholders, and discusses

issues with other concerned groups and people;

- Ensuring that public officials meet their obligations to the public;

- Involving the public early in the process, receiving feedback, and addressing public concerns before making

decisions; 

- Assessing the community to find out from citizens what types of activities would best allow them to participate;

- Planning your public participation activities ahead of time, allowing flexibility for changing interest levels in the

community;

- Understanding and respecting the values and limitations of other stakeholders;

- Taking steps, such as issuing multilingual fact sheets or encouraging the formation of citizen advisory groups, to

ensure that all segments of the interested community have an equal opportunity to receive information and

participate in the process;

- Supporting efforts to respond to environmental challenges on a community level; and

- Periodically evaluating the effectiveness of your program in the community and adjusting as community attitudes

and interest levels evolve. 
Chapter 2: Guidelines for Success Page 2-25

Exhibit 2-1

Determining the Likely Level of Public Interest in a RCRA Facility

Level of Interest Type of RCRA Action Facility/Regulatory Agency Larger Context

Community Members' Relationships With

Low Level of Public Interest in C The RCRA activity is unlikely to be C People do not live near the facility C The facility receives very little media

a Facility controversial (e.g., a routine modification) attention and is not a political issue

C There is no contamination at the facility that

could come into direct contact with the public past interest in hazardous waste issues

C There is a history of good relations between the facility

and members of the community

C Members of the community have expressed confidence

in the regulatory agency and/or the facility

C Community members have not shown any

Moderate Level of Public C The RCRA action may involve activities, such C A relatively large number of people live near the facility C Community members have shown concern

Interest in a Facility as §3008(h) corrective action activities, that about hazardous waste issues in the past 

contribute to a public perception that the

facility is not operating safely

C Examples may include permits for storage and

on-site activities and routine corrective

actions.

C Highly toxic and/or carcinogenic wastes may

be involved (e.g., dioxins)

C There is a history of mediocre relations between the

facility and members of the community

C The facility is important to the community economically,

and the action may affect facility operations

C Members of the community have had little or poor

contact with the regulatory agency

C Local elected officials have expressed concern about the

facility

C The facility receives some media attention

and there are organized environmental

groups interested in the action

C There are other RCRA facilities or CERCLA

sites in the area that have raised interest or

concern

High Level of Public Interest in C The RCRA action includes a controversial C The nearest residential population is within a one-mile C Community members have shown concern

a Facility technology or is high-profile for other reasons radius about hazardous waste issues in the past

(e.g., media attention)

C Highly toxic and/or highly carcinogenic

wastes are involved (e.g., dioxins)

C There is potential for release of hazardous

substances or constituents that poses potential statewide and/or national environmental

harm to the community and the environment groups are interested in the regulatory action)

C There is direct or potential community contact

with contamination from the facility (e.g., con- members of the community that could affect

taminated drinking water wells or recreation the RCRA action (e.g., concern over a cancer

lake) cluster near an area where a facility is

C A relatively large number of people live near the facility

C There is a history of poor relations between the facility

and the community

C The facility has violated regulations and community

members have little confidence in the regulatory agency

to prevent future violations 

C There is organized community opposition to the facility's

hazardous waste management practices or to the action

C Outside groups, such as national environmental

organizations, or state or federal elected officials have

expressed concern about the facility or action

C The economy of the area is tied to the facility's operations

C Facility activities are an issue covered widely

in the media

C There is interest in the facility as a political

issue, at the local, state, or federal level (e.g.,

C There are other issues of importance to

applying for a permit to operate an incinerator)

C There are other RCRA facilities or CERCLA

sites nearby that have been controversial
Chapter 2: Guidelines for Success Page 2-26

Exhibit 2-2

Steps in Evaluating Facilities and Gathering Information

Step 1: Review the RCRA Action

Is it:

Likely to be a controversial action (e.g., permitting a commercial waste management facility)

Unlikely to be a controversial action

Step 2: Talk to colleagues who have worked in this community about their

 interactions with members of the public

C Has there been a large degree of public interest or concern about other projects?

C Have members of the public shown confidence in the regulatory agency?

Step 3: Review regulatory agency (or any other) files on the facility

Are there:

A lot of inquiries from members of the public

Major concern(s) 

Any organized groups? 

Few inquiries from members of the public

Clippings from newspapers or other media coverage

Step 4: Formulate your preliminary impression of the community based on the above information

Step 5: Talk with several key community leaders to confirm your impression

People to interview:

1. 

2. 

3. 

Step 6: Determine the anticipated level of community interest based on the above information

Low (go to Step 7)

Moderate (next step: conduct additional community interviews with one member of each community

subgroup)

High (next step: conduct a full set of community assessment interviews)

Step 7: Write a brief summary of any major community concerns/issues
Chapter 3: RCRA Permitting Page 3-1

Chapter 3

Public Participation During the

RCRA Permitting Process

Introduction

States may have their

own public participation

requirements in addition

to the federal

The previous chapter examined the importance of public participation and

the information-sharing triangle, while reviewing the critical components

for building a successful public participation program. Chapter 3 describes

the specific public participation activities that EPA requires or recommends

during each phase of the RCRA permitting process, beginning before

submission of the RCRA part B permit application, continuing through the

preparation of draft and final permit decision, and throughout the life of the

RCRA permit. 

Section 7004(b) of RCRA and EPA’s permitting regulations, found in 40

CFR Parts 124 and 270, form the foundation for mandatory public

participation activities during the permitting process for both operating and

post-closure permits. The reader should note that the corrective action

schedule of compliance and other corrective action provisions are typically

part of the RCRA permit under 40 CFR Part 270 (unless carried out under

an enforcement order). Changes to these sections of the permit must follow

the permit modifications procedures of 40 CFR Part 270.41 or 270.42. We

review the corrective action public participation procedures in Chapter 4.

RCRA permitting regulations require an array of public participation

procedures during the permitting process and the life of the permit. 

However, situations often occur where the facility and the agency will need

to go beyond the requirements in 40 CFR Parts 124 and 270. Following the

assessment and planning guidance we provided in Chapter 2, participants in

the permitting process will discover whether a certain permitting activity

deserves greater public participation. Regulators, facility staff, or

community groups may want to consider expanded public participation

activities (described in this chapter and in Chapter 5) -- if resources allow --

at priority facilities, controversial facilities, or at facilities where the

affected community has a particular need for greater involvement or access

to information. Participants in the process should seek input from other

stakeholders to determine if the public participation activities are adequate. 

The permitting agency may suggest that the facility or public interest
Chapter 3: RCRA Permitting Page 3-2

Public participation

activities should fit the

diversity, character, and

culture of the affected

community.

groups conduct additional activities to supplement required activities and

strengthen communication and trust among stakeholders. In addition, EPA

encourages the community to suggest additional public participation

activities to the permitting agency, the facility, or community and public

interest groups.

In December 1995, EPA expanded the public participation requirements in

the RCRA program by promulgating new regulations. The new

regulations, known as the "RCRA Expanded Public Participation" rule (60

FR 63417, December 11, 1995), require earlier public involvement in the

permitting process, expand public notice for significant events, and enhance

the exchange of permitting information. The new requirements, which we

describe more fully in this chapter, include: (1) a public meeting held by

the facility prior to submitting the part B RCRA permit application; (2)

expanded notice requirements, including use of a posted sign, a broadcast

notice, and a newspaper display advertisement to publicize the meeting; (3)

notification of the public when the agency receives a permit application and

makes it available for public review; (4) permitting agency discretion to

establish an information repository, which will be supplied and maintained

by the applicant or permit holder; and, (5) additional notices during the trial

burn period for combustion facilities. 

In addition to the new regulatory requirements, EPA is taking steps to

ensure equitable public participation in the RCRA permitting process. On

December 20, 1995 EPA Office of Solid Waste and Emergency Response

(OSWER) Assistant Administrator Elliot Laws issued a memorandum to

the EPA Regional Administrators stating the Agency’s policy to ensure

equal access to permitting information and provide an equal opportunity for

all citizens to be involved in the RCRA permitting process (see Appendix

N). In this manual, we are strongly encouraging facilities to meet the same

standard of equitable public participation. EPA is committed to equal

protection of our citizens under the nation's environmental laws and urges

all participants in the RCRA permitting process to strive for environmental

justice, equal opportunity to participate in permitting, and equal access to

information. 

To meet this standard, EPA (when it is the permitting agency) will issue

multilingual notices and fact sheets and use translators, where necessary, in

areas where the affected community contains significant numbers of people

who do not speak English as a first language. In addition, the Agency

recommends that facilities make efforts to tailor public participation

activities to fit the diversity, character, and culture of the affected

community. When communicating with a community, participants in the

permitting process should take into account the particular pathways and

methods of information transfer that are used by that community. These

principles are applicable to all public participation activities, and EPA
Chapter 3: RCRA Permitting Page 3-3

encourages their adoption by all participants in the RCRA permitting

process. See the section entitled “Promoting Environmental Justice” in

Chapter 2 for more information.

Public Participation

During the Permit

Decision Process

The permit decision process is composed of a number of steps. Each step

is accompanied by public participation requirements. As we have

mentioned, the regulatory minimum for public participation may not be

sufficient in all cases. Permitting agencies and facilities should consider

going beyond the regulatory requirements, where necessary, to provide for

meaningful and equitable public participation. 

For the sake of simplicity, in this manual we will divide the permit decision

process into four steps:

the pre-application stage;

application submittal, agency notice and review;

preparation of the draft permit, public comment period, and the

public hearing; and

response to public comments and the final permit decision.

Stakeholders should keep in mind that the permit decision process is

lengthy and can be complex and confusing. Keeping the lines of

communication open during the process takes effort on the part of all

participants. This effort is especially critical during the long periods of

time while the agency is reviewing the permit or the facility may be

responding to a Notice of Deficiency (which we describe later in this

Chapter). The agency, the applicant, and other interested groups should

take steps to keep the community involved and informed during these

“down” times.

We also encourage stakeholders to learn about the process, ask questions,

and discuss it with the other participants. Permitting agencies in particular,

should make efforts to disseminate fact sheets and information packages

about the permitting process. Agencies, public interest groups, or facilities

may want to perform other public information tasks (see chapter 5 for

descriptions) to ensure that all stakeholders understand, and are

comfortable with, the permitting process.

Step One: The PreApplication StageRequired Activities

The RCRA Expanded Public Participation rule requires a new permit

applicant (or a facility that is applying to renew a permit while making

significant changes) to hold a public meeting prior to submitting the part B

RCRA permit application. This meeting is the earliest formal step in the
Chapter 3: RCRA Permitting Page 3-4

RCRA permitting process. 

Early public input can improve the quality of any permitting activity; the

public can contribute information and recommendations that will be helpful

to agencies as they make permitting decisions and to facilities as they

develop their applications and proposals. 

The Pre-Application

Meeting

The pre-application

meeting will allow the

facility to hear and

respond to public

concerns.

The most important goal EPA hopes to achieve from the pre-application

meeting requirement is the opening of a dialogue between the permit

applicant and the community. We believe that the applicant should open

this dialogue at the beginning of the process. The meeting will give the

public direct input to facility personnel; at the same time, facility personnel

can gain an understanding of public expectations and attempt to address

public concerns before submitting a permit application. We hope that this

requirement will help address the public concern that public participation

occurs too late in the RCRA permitting process. 

Conducting the Meeting

The pre-application meeting should provide an open, flexible, and informal

occasion for the applicant and the public to discuss the various aspects of a

hazardous waste management facility's operations. Discussion at the preapplication meeting need not concern the technical aspects of the permit

application in extensive detail; such technical examination is more suited to

the draft permit stage (which we describe later in this Chapter). We

anticipate that the applicant and the public will use this meeting to share

information, learn about each other’s concerns, and start building the

framework for a solid working relationship. The pre-application stage is

also an excellent time to explore the facility’s level of expertise in waste

minimization and pollution prevention, and the potential for involving the

facility’s waste minimization experts in the public participation process. 

While a formal meeting style (i.e., like a public hearing) may suit some

permitting situations, EPA realizes that it will not fit in all cases. With this

idea in mind, EPA has written the regulations to allow flexibility in the type

of “meeting” held by the permit applicant. For instance, an applicant may

decide to hold an availability session or open house (see Chapter 5) in place

of a traditional meeting. As long as this approach meets the requirements

and the spirit of § 124.31 (as presented in this section), EPA will not

preclude applicants from tailoring meeting styles to fit particular situations.

Regardless of the type of meeting that the applicant decides to hold, the 

applicant (as well as the other participants in the process) should strive for

equitable participation and access to information during the pre-application

meeting and the notice of the meeting (see “Promoting Environmental
Chapter 3: RCRA Permitting Page 3-5

Addressing community

concerns at the start of a

project can prevent

misunderstanding and

opposition in the long run. 

Justice” in Chapter 2 and the Introduction to this Chapter). 

At the meeting, permit applicants should address, at the level of detail that

is practical (based on available information), the following topics: what

type of facility the company will operate; the location of the facility; the

general processes involved and the types of wastes to be generated and

managed at the facility; and the extent to which waste minimization and

pollution prevention may supplement or replace waste treatment needs. The

discussions should also include the transportation routes to be used by

waste transporters and planned procedures and equipment for preventing or

responding to accidents or releases. 

These are examples of the types of issues that might be of particular

concern to a community and about which the community might be able to

provide useful suggestions to the applicant. The applicant might then be

able to incorporate that information into the proposed facility design or

operations, either as part of the initial application, if time allows, or at

subsequent stages in the process (e.g., in submitting revisions to its

application, or in responding to a Notice of Deficiency issued by the

permitting agency). By learning about and addressing public concerns up

front, the applicant may be able to prevent misunderstanding from

escalating into community opposition. Moreover, the public will have a

clear and open opportunity to interact and communicate with the potential

applicant. 

The applicant should make a good faith effort to provide the public with

sufficient information about the proposed facility operations. While we do

not expect applicants to go into extensive detail at the pre-application stage,

they should provide the public with enough information to understand the

facility operations and the potential impacts on human health and the

environment. We encourage applicants to provide fact sheets, information

packets, or other materials (see Chapter 5) that explain the proposed

operations, company policies, waste minimization proposals, or other

information that is relevant to the proposed facility. 

The permitting agency may choose to make permitting and pollution

prevention fact sheets available at the meeting. One such fact sheet is

included as Appendix J of this manual. EPA recommends that permit

applicants distribute this fact sheet (or a similar one produced by the state

agency) at the pre-application meeting, especially in cases where a

representative of the permitting agency does not attend. EPA does not

expect permit applicants to answer questions about the RCRA permitting

process at the pre-application meeting -- particularly where the applicant is

not sure of the answer. We advise the applicant to let a representative of

the permitting agency answer such questions. If an agency representative is

not available at the meeting, then the applicant should provide the name of
Chapter 3: RCRA Permitting Page 3-6

The facility must

conduct the preapplication meeting.

an agency contact person and the number of the RCRA Hotline (available

in Appendix A) or an applicable State information line. 

Some applicants may want to consider inviting or hiring a moderator to

conduct the pre-application meeting. The moderator should be a neutral

third party (e.g., a civic organization, non-profit community group, or a

consultant) that is not a stakeholder in the permitting decision process. A

moderator can lend objectivity to the proceedings and help to keep the

discussions fair, under control, and on track. Regardless of whether a third

party conducts the meeting, facility representatives should be present to

answer questions and interact with the community.

EPA regulations are flexible with regard to conducting the pre-application

meeting. One of the few requirements is for the applicant to post a sign-in

sheet, or a similar mechanism, to allow participants to volunteer their

names and addresses for inclusion on the facility mailing list (see §

124.31(b)) . The applicant should understand that attendees may not want

to put their names on a mailing list; the sign-in sheet always should be

voluntary. The applicant should make clear at the meeting that people can

contact the permitting agency directly to add their names to the facility

mailing list at any time.

The applicant must submit the list of attendees, along with a "summary" of

the pre-application meeting, as a component of the part B permit

application. We do not intend for the meeting summary to be a verbatim

account of the meeting. EPA recognizes how difficult it is to keep a wordfor-word record of a public meeting. Applicants should make a good faith

effort to provide an accurate summary of the meeting. While the

regulations do not indicate a particular format for the meeting summary, we

recommend a type-written document that identifies major issues, points

made in support of those issues, and any response made by the applicant or

other attendees. 

As mentioned above, the applicant must submit the summary as a

component of the part B application. This component should be a

typewritten hard-copy. Since the part B application is available for review

by the public, attaching the summary as part of the application assures that

people who are unable to attend the meeting will have an opportunity to

find out what happened. We encourage applicants to make the summary

available in other formats where a community has special needs (e.g., on

audio tape for visually impaired residents). 

The RCRA Expanded Public Participation rule requires the facility to

conduct the pre-application meeting. We believe that the applicant should

conduct the meeting in an effort to establish a dialogue with the

community. EPA encourages permitting agencies to attend pre-application
Chapter 3: RCRA Permitting Page 3-7

meetings, in appropriate circumstances, but the facility must conduct the

pre-application meeting. Agency attendance may, at times, be useful in

gaining a better understanding of public perceptions and issues for a

particular facility, and for clarifying issues related to the permitting

process. However, agency staff should ensure that their attendance does

not detract from the main purposes of the meeting, such as opening a

dialogue between the facility and the community, and clarifying for the

public the role of the applicant in the permitting process. 

The regulations do not preclude State agencies and permit applicants from

working together to combine State siting meetings with pre-application

meetings. EPA encourages them to do so, provided that the combined

meetings fulfill the requirements in § 124.31. If meetings are combined,

the portion of the meeting that is dedicated to the RCRA facility permit

must be run by the applicant; the regulatory agency must give the applicant

the floor for a sufficient time period. In notifying the public of the meeting,

under § 124.31(d), the applicant must make clear that the RCRA portion of

the meeting is separate from the general siting discussion.

The pre-application meeting will provide the community with a clear entry

point for participation at an early stage in the permitting process. We

encourage members of the community to become involved at the preapplication stage. Public comments and suggestions are easier for the

facility to address at this early stage than later on in the process. For this

reason, public input can have a greater impact at this stage. Interested

citizens should attend the meeting and participate in the informal dialogue. 

The public can learn more about the facility and the company seeking a

permit before attending the meeting by contacting the facility, or by

contacting other stakeholders in the community. Some community

members may want to research to learn more about the planned (or already

existing) facility. If you are interested in obtaining more information on the

facility or the permitting process, you may want to contact the permitting

agency or the corporation that owns the facility. Additional information

about past and present owners, past waste spills and releases, complaints,

and the status of other state, local, and federal permits may be available

from the following: the planning board, City Hall or the town council, the

county health department, local newspapers, the library, and local fire and

rescue departments. These sources will give you access to information

such as deeds and environmental testing results. 

Meeting attendees can become part of the facility mailing list by adding

their names and addresses to the sign-up sheet at the meeting or by sending

their names directly to the permitting agency. People on this list will

receive any significant information sent out by the agency or the facility

regarding the facility.
Chapter 3: RCRA Permitting Page 3-8

The applicant should avoid

scheduling the meeting at a

time that conflicts with

other important community

activities.

Citizens should note that not all aspects of the permit application will be

clear at the pre-application stage, in part, because EPA is encouraging

facilities to meet with the public before making all final decisions on their

permit applications. This way, the facility owner/operator will be more

flexible and can react more effectively to suggestions and concerns raised

in the meeting. Participants at the meeting should note that the facility

owner/operator will not know the answer to all questions about the

permitting process. The permitting agency and the RCRA/Superfund

Hotline will be available to answer questions about the permitting process

and other RCRA requirements (remember that States may have different

procedures than EPA)..

Date, Time, and Location of the Meeting

The timing of the meeting is flexible. EPA believes that flexibility is

necessary because the optimal timing for the meeting will vary depending

on a number of factors, including the nature of the facility and the public's

familiarity with the proposed project and its owner/operator. The applicant

should choose a time for the meeting while considering the following

factors: (1) the community must receive adequate notice before the facility

submits a permit application; (2) the facility’s plans for construction or

operation need to be flexible enough to react to significant public concerns

and to make changes to the application, if necessary; (3) the meeting should

not take place so long before submittal of the application that the

community will forget the facility. We encourage applicants to make a

good faith effort to choose the best date for the pre-application meeting. 

While the final rule requires the facility to hold only one pre-application

meeting, cases may arise where more than one meeting is preferable. For

instance, if a facility holds one public meeting and takes several months to

a year to submit the application, then the facility owner/operator should

consider holding a second meeting. In other cases, the facility may want to

hold a few meetings of different types (e.g., a public meeting as well as an

availability session). Of course, permitting agencies or other stakeholder

groups may decide to hold additional public meetings where appropriate.

The permit applicant should encourage full and equitable public

participation by holding the pre-application meeting at a time and place that

is convenient to the public. The applicant should schedule the meeting at a

time when the community is most likely to be available. Many

communities, for instance, may prefer a meeting held after normal business

hours. Meeting schedulers should avoid holding the meeting at a time that

will conflict with important community activities (e.g., social, religious, or

political events, other meetings, school activities, or local occasions). The

applicant should also make sure that the meeting place has adequate space

and is conducive to the type of meeting that the applicant will conduct. 
Chapter 3: RCRA Permitting Page 3-9

Finally, the meeting location should have suitable access for all persons; if

such a location cannot be procured, then the applicant should make all

reasonable efforts to provide for equitable participation in the meeting (e.g.,

by responding to written comments). 

Some members of the affected community may not feel comfortable with

meetings held on facility property. Applicants should address community

concerns in this area. EPA encourages applicants to hold the preapplication meeting on neutral public ground, such as a local library, a

community center, a fire station, town hall, or school. 

Notice of the PreApplication Meeting

EPA developed the pre-application meeting notice requirements with the

goal of encouraging facilities to reach as many members of the public as

possible, within reasonable means. The expanded notice requirements are

intended to reach a broad audience and to encourage as many people as

possible to attend the meeting. Attendance at the meeting may also provide

an indication of the level of public interest in the facility, although low

attendance does not necessarily equal low interest. Using the list of

attendees from the meeting will allow agencies to develop larger mailing

lists; these lists, in turn, will help the facility and the agency to update more

people more often about the permitting process.

The new rule requires the applicant to provide notice of the pre-application

meeting to the public in three ways:

A newspaper display advertisement. The applicant must print a

display advertisement in a newspaper of general circulation in the

community. The display ad should be located at a spot in the paper

calculated to give effective notice to the general public (see the example in

Appendix H). The ad should be large enough to be seen easily by the

reader. In addition to the display ad, we also encourage facilities to place

advertisements in free newspapers, community bulletins, newsletters, and

other low-cost or free publications. In some cases, potential interest in the

facility may extend beyond the host community. Under these

circumstances, we encourage the applicant either to publish the display ad

so that it reaches neighboring communities or to place additional ads in the

newspapers of those communities. 

A visible and accessible sign. The applicant must provide notice on a

clearly-marked sign at or near the facility (or the proposed facility site). If

the applicant places the sign on the facility property, then the sign must be

large enough to be readable from the nearest point where the public would

pass -- on foot or by vehicle -- by the site. EPA anticipates that the signs

will be similar in size to zoning notice signs required by local zoning

boards (of course, this size will vary according to the prerogative of the
Chapter 3: RCRA Permitting Page 3-10

Choose notice methods

that will spread the

word over all segments

of the affected

community.

zoning board). If a sign on the facility grounds is not practical or useful --

for instance, if the facility is in a remote area -- then the applicant should

choose a suitable alternative, such as placing the sign at a nearby point of

significant vehicular or pedestrian traffic (e.g., the closest major

intersection). In the case that local zoning restrictions prohibit the use of

such a sign in the immediate vicinity of the facility, the facility should

pursue other available options, such as placing notices on a community

bulletin board or a sign at the town hall or community center. EPA intends

the requirement that the sign be posted "at or near" the facility to be

interpreted flexibly, in view of local circumstances and our intent to inform

the public about the meeting. In addition to the requirements of § 124.31,

we encourage the applicant to place additional signs or flyers in nearby

commercial, residential, or downtown areas. Supermarkets, hardware or

department stores, malls, libraries, or local gathering places may have

bulletin boards for posting notices and flyers. EPA encourages facilities to

keep track of posted signs and remove them after the meeting.

A broadcast media announcement. The applicant must broadcast the

notice at least once on at least one local radio or television station. EPA

expects that the applicant will broadcast the notice at a time and on a

station that will effectively disseminate the notice. The applicant may

employ another medium, aside from television or radio, with prior approval

of the permitting agency. Many communities run their own cable channels

for local news and activities; this medium may be used to target a local

audience, often at no charge. Television spots may be advantageous for

delivering pertinent information about a hazardous waste management

facility directly to the people at home. 

Sample notices are provided in Appendix H and more may be available by

contacting the permitting agency.

EPA encourages facilities to pick a mixture of public notice tools that

meets the regulations and will allow the affected community to receive

equitable, timely, and effective notice of the pre-application meeting. Such

a mixture may include a number of different and specialized notices that

target specific groups within each community. One example of such a

targeted notice would be the use of a translated advertisement on Chinesespeaking local access television station to reach a Chinese-American

enclave in an area where the community members are affected by the

permitting activity. Specific segments of the affected community can be

targeted by strategic placement of the newspaper display ad, the timing and

station of a radio spot, the geographic location of signs, use of free

newspapers, and multi-lingual notices. EPA does not require that the

applicant try to reach the largest audience with each method of public

notice (e.g., the radio spot need not be placed on the most popular station). 

Instead, the applicant should use a combination of methods (including
Chapter 3: RCRA Permitting Page 3-11

translations) to spread the word over all segments of the affected

community, taking into account the channels of information that are most

useful in reaching diverse groups.

EPA encourages applicants to go beyond the minimum requirements in the

regulations when providing notice of the pre-application meeting. The

following suggestions will help in providing an effective broadcast notice. 

In some rural areas, community members may listen to or watch

predominantly one radio or television station; in this case, the applicant

should use this station as the vehicle for the notice. Some areas are part of

a radio market (i.e., defined by services such as Arbitron's Radio Market

Definitions) or television market and have competing radio and television

stations. Where there is more than one station, the facility owner or

operator should consider carefully the likely audience of the station in order

to ensure that a substantial number of people will see or hear the ad. Areas

with many competing stations are more likely to have audiences that may

be delineated, for instance, by age, ethnicity, or income. In these situations,

broadcasting the notice on several stations, or in more than one language,

may be beneficial. In all cases, EPA suggests that the announcement occur

at listening or viewing hours with a substantial audience -- hours that will

vary for each community as well as for specific groups. The facility may

consult with broadcast stations and community members to determine the

best times to broadcast the notice.

The regulations also require the applicant to send a copy of the notice to the

permitting agency. Applicants must follow this provision, but we

encourage facilities to contact the appropriate agencies before this stage. 

Applicants should consider informing the agency of their intent to seek a

permit before planning the pre-application meeting. Like other

stakeholders in the permitting process, the permitting agency can benefit

from receiving information as early as possible in the process. In addition,

the permitting agency may be able to provide guidance about how to run

the pre-application meeting or what types of public notice work best in a

particular community. 

EPA also encourages the applicant to send a copy of the notice to all

members of the facility mailing list, if one exists. This suggestion applies

especially to facility owners who are applying for a permit renewal and

must comply with § 124.31 because they are seeking to make a change on

the level of a class 3 permit modification. At these facilities, the mailing

list will already exist and people on the list will be interested in learning

about the most recent activity at the facility. A mailing list will most likely

not exist for new applicants. 

Getting the word out at this early stage is essential to assuring adequate

community participation during the entire permitting process. For this
Chapter 3: RCRA Permitting Page 3-12

Free papers, existing

newsletters, press releases,

and word-of-mouth are

inexpensive ways to notify

the public.

reason, we encourage the applicant to take additional steps, within

reasonable means, to announce the meeting. We do not intend for

applicants to spend large amounts of additional time and resources; on the

contrary, there are many simple and inexpensive mechanisms for

distributing information. Free announcements on television or radio,

advertisements in free papers, town newsletters, flyers, small signs, and

press releases are all ways to disseminate information at little or no cost. 

We also encourage facilities to pass information through local community

groups and Local Emergency Planning Committees (established under

section 301 of the Superfund Amendments and Re-Authorization Act

(SARA)), professional and trade associations, planning commissions, civic

leaders, school organizations, religious organizations, and special interest

groups. Other stakeholders involved in the process are also good conduits

for spreading news about the pre-application meeting.

The regulations require that the notice contain several pieces of

information: (1) the date, time, and location of the meeting; (2) a brief

description of the purpose of the meeting; (3) a brief description of the

facility and proposed operations, including the address or a map (i.e., a

sketched or copied street map) of the facility location; (4) a statement

encouraging people to contact the facility at least 72 hours before the

meeting if they need special access to participate in the meeting; and (5) the

name, address, and telephone number of a contact person for the applicant. 

The format of the notice is flexible as long as it communicates this

information. The description of the purpose of the meeting should explain

the facility’s intent to submit a permit application and set out other

objectives for the meeting. When describing the facility, the

owner/operator should briefly cover what sort of facility it is or will be

(e.g., a hazardous waste incinerator), what types of wastes it may handle,

and what sort of operations will take place at the facility (e.g., types of

manufacturing, commercial treatment of waste, etc.). For the facility map,

the owner/operator should provide a photocopy of a street map or a

sketched map, the purpose of which is to let the public know just where the

facility is or will be. Finally, persons needing “special access” would

include anyone who may have difficulty with stairs or some entrances,

persons who are visually or hearing impaired, or any person who foresees

some difficulty in attending the meeting without some help. EPA does not

expect facilities to provide transportation to persons who cannot find other

means of reaching the meeting.

The telephone contact provided by the applicant in the pre-application

notice is an important addition to the public participation resources during

this phase. EPA encourages members of the community to contact the

facility, the permitting agency (see Appendices A and B for State and

Federal contacts) or other interested groups in the community, as necessary,
Chapter 3: RCRA Permitting Page 3-13

to become acquainted with the permitting process and the facility plans.

EPA is not requiring the facility to submit proof of the public notice;

however, we are requiring the facility to keep proof of the notice. The

Agency is concerned that proof of the notices may be needed in the case of

a lawsuit. The applicant should establish a simple file containing proofs for

the notice. Acceptable forms of proof would include a receipt for the radio

or TV broadcast, a photograph of the sign, and a photocopy of the

newspaper advertisement or tear sheets. 

The Facility Mailing

List

The permitting agency

should develop the

mailing list early.

The permitting agency is responsible for developing a representative

mailing list for public notices under § 124.10. EPA is emphasizing the

early development of a thorough mailing list as a critical step in the public

participation process. If the mailing list allows the agency to keep

important groups and individuals in the community up-to-date on activities

at a facility, then the permitting agency and the facility will be better able

to gauge community sentiment throughout the permitting process. See the

section on “Mailing Lists” in Chapter 5 for additional information. 

EPA anticipates that the meeting attendee list required under § 124.31(c)

will help the agency generate the mailing list by identifying people or

organizations who demonstrate an interest in the facility and the permit

process. 

In the past, mailing lists have not been fully developed, oftentimes, until the

agency issued the draft permit or intent to deny the permit. EPA believes

that the mailing list is an integral public participation tool which permitting

agencies should create as early as possible in the process. Our intent in

having the permit applicant submit the list of meeting attendees under §

124.31(c) was to allow the agency to formulate the mailing list at an earlier

stage in the permitting process. Aside from the names identified by the

permit applicant, we encourage permitting agencies to enhance the mailing

list by contacting a wide variety of groups and individuals, such as: civic

organizations, religious groups, public interest organizations, recreational

groups, professional/trade associations, Local Emergency Planning

Committees (LEPCs), emergency response and local health care personnel,

environmental justice networks, educational and academic organizations,

city hall and elected officials, planning and zoning boards, local

development councils, involved State and Federal agencies, newspapers

and reporters, immediate neighbors and property holders, other nearby

companies or business groups, facility employees, and plant tour attendees. 

In addition, we encourage the agency to maintain and update the lists

regularly. All commenters on permitting documents, attendees at any

public meetings or persons using information repositories should be placed

on the mailing list, or have the option of putting their names on the list.
Chapter 3: RCRA Permitting Page 3-14

Members of the community and other interested groups or individuals can

contact the permitting agency to have their names put on the facility

mailing list. Community and public interest organizations may want to

provide the permitting agency with names for the mailing list. Refer to

Appendices A and B if you would like to find the addresses and phone

numbers of EPA’s Regional offices and the state environmental agencies.

Public participation

activities should be

geared to the potential

level of community

interest.

Additional Activities

The level of public participation activities should correspond to the

potential level of community interest in the permitting process. To

determine the need for additional activities, participants should consider

conducting a community assessment (see Chapters 2 and 5). If the level

of interest is high, participants will want to do a more thorough needs

assessment and prepare a formal public participation plan (see Chapters 2

and 5). 

EPA encourages applicants to provide fact sheets, information packets, or

other materials (see Chapter 5) at the pre-application meeting. The

permitting agency may also choose to make permitting fact sheets available

at the meeting. One such fact sheet is included as Appendix J of this

manual. EPA recommends that permit applicants distribute this fact sheet

at the pre-application meeting, especially in cases where a representative of

the permitting agency does not attend.

To provide widespread notice of the pre-application meeting, the applicant

may want to use notice methods that go beyond the requirements. Some of

these methods, such as public service announcements , existing

newsletters and publications , and newspaper inserts are described in

Chapter 5.

In some cases, the agency, facility, or a community group may find it

appropriate to hold an additional meeting during the pre-application stage. 

Availability sessions or open houses can provide the public with an

opportunity to discuss issues face-to-face with officials or other interested

people.

The “RCRA Expanded Public Participation” rule gives the permitting

agency the authority to require the facility owner or operator to establish an

information repository at any point in the permitting process or during the

life of a facility. The agency should assess the need for the repository by

considering a variety of factors, 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. The information repository
Chapter 3: RCRA Permitting Page 3-15

An information

repository makes

information accessible to

the public in a

convenient location.

can improve the permitting process by making important information

accessible to the public in a convenient location. (See Chapter 5 for more

detail on information repositories). Of course, EPA encourages facilities or

interested community groups to establish their own repositories for public

access to information. Chapter 5 provides more guidance on how to

establish a repository.

Some permitting information is quite technical and detailed. Members of

the public and other stakeholders may find this information difficult to

interpret. EPA encourages permitting agencies, facilities, and community

groups to provide fact sheets and additional materials to make technical and

complicated information more accessible to people who are not RCRA

experts. Workshops or availability sessions may be useful for explaining

technical information. Some citizens or community groups may want to

consult other sources for help in interpreting scientific and technical data. 

If you are looking for such help, you may want to contact the permitting

agency, facility staff, or other sources such as local colleges, universities,

public interest groups, environmental and civic organizations. Additional

contacts may be available in the local community. Interested citizens may

be able to find out about these contacts by talking to local newspapers and

other media who cover environmental issues. People who are interviewed

for or quoted in news articles can be an additional source for information. 

Getting as much input as possible from the community during these initial

phases of the RCRA permitting process and before a draft permit is issued

will be very useful during the draft permit stage. The draft permit will be

more responsive to the needs and concerns of the community, and the

community will be more likely to accept the permit conditions if it sees that

its concerns have been heard.

Though the early meeting may reduce public concern that the agency and

the facility are making important decisions before the public becomes

involved, some concern may still remain. The agency and the facility are

likely to have meetings that cannot, for practical purposes, be open to

public participation. One State agency found that by making notes from

these meetings available through an information repository, public trust in

the agency increased. 

Step Two: Application

Submittal and Review

Required Activities

After the permit applicant has met with the public and considered

recommendations and input from the community, he or she may choose to

pursue a RCRA permit and then submit a RCRA part B permit application
Chapter 3: RCRA Permitting Page 3-16

New EPA rules make

permit applications

available to the public

during agency review.

to the permitting agency. Upon receiving the permit application, the

permitting agency must, under § 124.32, issue a public notice to the

facility mailing list and appropriate units of state and local government. 

The notice will inform recipients that the facility has submitted a permit

application for agency review. In addition, the notice will inform the

recipients of the location where the application is available for public

review.

Both of the provisions mentioned in the previous paragraph are the result of

the RCRA Expanded Public Participation rule. EPA composed these

regulations as a way to inform the public about the status of a facility's

permit application early in the process .

Before issuing the notice at application submittal, the permitting agency

should solicit community suggestions and input on the best place to put the

application for public review (agency personnel may have gathered this

information during an earlier stage in the process). We encourage the

agency to issue the notice as soon as is practically possible after receiving

the application. The notice must contain the following information: (1) 

the name and telephone number of the applicant's contact person; (2) the

name and telephone number of the permitting agency's contact office, and a

mailing address to which information, opinions, and inquiries may be

directed throughout the permit review process; (3) an address to which

people can write in order to be put on the facility mailing list; (4) the

location where copies of the permit application and any supporting

documents can be viewed and copied; (5) a brief description of the facility

and proposed operations, including the address or a map (i.e., a sketched or

copied street map) of the facility location on the front page of the notice;

and (6) the date that the application was submitted. 

Permitting agencies must place the application and any supporting

materials somewhere in the vicinity of the facility or at the permitting

agency’s offices. The permitting agency should be sensitive to the burden

on members of the affected community when determining where to place

the application. Many communities do not have the resources or the time

to travel several hours just to access permitting information. To make

information available in these situations, the permitting agency should

place the application in a place with public access in the general vicinity of

the facility (e.g., a public library or community center). If such placement

of the document is impractical, the agency should make sure that the public

has other access to permitting information. For instance, the agency could

require the facility to establish an information repository under § 124.31. If

the community’s information needs are on a lower level, the agency may

want to make a short summary of the permit application available to the

affected community. In some cases, making information available in

electronic form (e.g., via diskette or Internet) may be useful. 
Chapter 3: RCRA Permitting Page 3-17

The application should

be available for review

in the vicinity of the

facility.

We recommend that, where feasible, the agency place the application in a

location where copying facilities are available and the public has adequate

access to the documents. EPA also recommends that the application be in a

locale where the documents will be secure and readily available. The

application should go in the information repository, if one exists. If not, a

public library or other building in the vicinity of the facility may provide a

suitable choice. The permitting agency’s headquarters or satellite office

may be adequate if not too far from the facility. 

Additional Activities

The permit application review process is often lengthy. It may take

anywhere from one to five years to issue a permit, depending on the facility

type and level of facility owner or operator cooperation. Permit applicants

and regulators should recognize that members of the public have pointed

out that they often feel “in the dark” during this phase. We encourage

agencies and facilities to maintain a good flow of information during

application review. If resources are available, permitting agencies and

facilities should plan activities during this time period to keep citizens

informed about the status of the process. Holding workshops, conducting

informal meetings, and providing periodic fact sheets and press releases

about the facility, opportunities for pollution prevention, and the RCRA

permit process can spread information and keep the community involved. 

Identifying a contact person to accept comments and answer questions

will also enhance communication. A (toll-free) telephone hotline with

recorded status reports can reduce the potential for rumors.

EPA encourages permitting agencies to respond (e.g., in writing, by phone,

by holding a meeting) to comments and requests from the public during the

application review process. Agencies should make good faith efforts to

address public concerns and issues. 

In situations where a community wants more information about potential

operations at a facility and the health and environmental risks of those

operations, citizens or the agency can work with the facility to set up

facility tours and observation decks during the public comment period. 

These activities will give the community a first-hand look at a facility and

the operations and activities happening on-site. (Note that safety and

liability issues need to be considered before a decision is made to include

these activities.) These activities may be particularly useful for a new

facility or when a facility proposes a new or different technology. Facility

tours also may be particularly effective for explaining pollution prevention

accomplishments and opportunities. Similarly, facility owners or operators

may wish to coordinate with community leaders to tour the community. 

This may be useful for understanding potential community concerns.
Chapter 3: RCRA Permitting Page 3-18

Step Three: The Draft

Permit, Public

Comment Period, and

Public Hearing

Required Activities

After the permitting agency reviews the permit application, it must notify

the applicant in writing. If the application is incomplete, the permitting

agency may request that the applicant submit the missing information. This

request is known as a Notice of Deficiency (NOD). The permitting agency

may issue several NODs before the application is finally complete.

Once an application is complete, the permitting agency will make a

decision to issue a draft permit or a notice of intent to deny the permit

application (which is a type of draft permit). In either case, the agency

must notify the public about the draft permit. In the notice, the permitting

agency must announce the opening of a minimum 45-day public comment

period on the draft permit. The agency must print the notice in a local

paper, broadcast the notice over a local radio station, and send a copy of the

notice to the mailing list, relevant agencies, and applicable state and local

governments. We encourage agencies to attempt to reach all segments of

the affected community, within reasonable means, when issuing the notice

of the draft permit (see “Step One: The Pre-Application Stage” above and

Chapter 5 for more information on how to notify the public). Although the

agency is not required to retain documentation of the notice, we

recommend keeping a simple file with proof of the notices. Forms of proof

might include a receipt for the radio ad and a photocopy of the newspaper

add.

EPA regulations require the permitting agency to prepare a fact sheet or a

statement of basis to accompany every draft permit. This fact sheet (or

statement of basis) is required by regulation and is different than commonly

used informational fact sheets. This fact sheet must explain the principal

facts and the significant factual, legal, methodological and policy questions

considered in preparing the draft permit. The fact sheet must also include,

when applicable, the following (see § 124.8(b)):

• a brief description of the type of facility or activity which is the

subject of the draft permit;

• the type and quantity of wastes that are proposed to be handled

at the facility;

• a brief summary of the basis for the draft permit conditions;

• reasons why any requested variances or alternatives to required

standards do or do not appear justified;

• a description of the procedures for reaching a final decision on

the draft permit, including (1) the beginning and ending dates of

the comment period and an address to which comments can be

sent, (2) procedures for requesting a hearing and the nature of
Chapter 3: RCRA Permitting Page 3-19

By law, the agency must

consider and respond to all

significant comments

received during the

comment period.

You can use public

participation activities to

explain technical issues

or the permitting

process.

the hearing, and (3) any other public participation procedures

before the final permit decision; and

• the name and telephone number of a person to contact for

additional information.

EPA recommends that the permitting agency include the fact sheet with the

notice of the draft permit and make the fact sheet available to all interested

parties. 

Any person may request a public hearing during the public comment

period. The agency must hold a public hearing if someone submits a

written notice of opposition to a draft permit and a request for a hearing, or

if the public demonstrates, by the number of requests for a public hearing, a

significant degree of public interest in the draft permit. The Director also

may hold public hearings at his or her discretion. The agency must notify

the public about the hearing at least 30 days prior to the hearing. The

agency may choose to combine the hearing notice with the draft permit

notice. See Chapter 5 for information on holding a public hearing. 

Citizens may want to request a public hearing as a forum for airing

community concerns. The hearing will be a standard meeting, attended by

the agency and other interested parties. 

There is more required public participation during the draft permit stage

than at any other time during the permitting process. We strongly

recommend that permitting agencies prepare public participation plans (see

Chapter 5), even for the least controversial facilities, just to keep track of

the activities during this stage. 

The comment period on the draft permit allows anyone to submit their

concerns and suggestions to the agency in writing. The permitting agency

must, by law, consider all comments (see § 124.11) in making the final

permit decision. In addition, the agency must briefly describe and respond

to all significant comments raised during the comment period or during the

public hearing. EPA encourages participants to submit comments during

this period.

Additional Activities

Permitting agencies can keep the process open by sharing all NOD

information with the public, whether through the administrative record, an

information repository, or another activity, such as a workshop. If the

details of the NOD are too arcane or technical, the agency can provide a

short fact sheet. The fact sheet should not gloss over any major omissions,
Chapter 3: RCRA Permitting Page 3-20

but, by the same token, it should point out when an omission is of a less

serious nature. 

Interested community groups or the permit applicant may decide to provide

additional public participation activities during this stage. Some

suggestions for useful activities would include explaining the NOD process

and discussing technical issues in the application by holding availability

sessions. Another option is for citizens or other stakeholders to request

one-on-one or small informal meetings with the permitting agency, the

permit applicant, or community groups. Stakeholder groups can improve

their communication and interaction by meeting together in an informal

forum. An informal meeting may also be more appealing to some

participants, who may see activities like public hearings as overly

confrontational. 

The permitting agency may want to provide a news release when issuing

the draft permit or intent to deny.

The agency, facility, or a public interest group may want to organize an

availability session, facility tours, or some other activity prior to the

comment period so that the public can be better informed about the facility. 

Some permitting agencies have held public meetings prior to a public

hearing to provide a better forum to discuss issues. Telephone hotlines or 

voicemail recordings can supplement public notices to inform the

community about the dates and locations of public participation events. 

Step Four: Response

to Comments and

Final Permit Decision

Remember that

State procedures

may be different.

Required Activities

After the public comment period closes, the regulatory agency reviews and

evaluates all written and oral comments and issues a final permit decision. 

The agency must send a notice of decision (not to be confused with a

“notice of deficiency,” see above) to the facility owner or operator and any

persons who submitted public comments or requested notice of the final

permit decision. The agency must also prepare a written response to

comments that includes a summary of all significant comments submitted

during the public comment period and an explanation of how, in making the

final permit decision, the agency addressed or rejected the comments. This

summary shows the community that the agency considered the

community's concerns when making the final permit decisions. The agency

must make the response to comments document available as part of the

administrative record.

Additional Activities
Chapter 3: RCRA Permitting Page 3-21

If there was high interest during the comment period, the agency or the

facility may want to issue a news release and fact sheet when the decision

is finalized to inform a wide audience. The permitting agency may choose

to update and release the fact sheet required in § 124.8.

Public Participation

During the Life of a

Facility

Interim Status Public

Participation

When writing RCRA, Congress granted special status to facilities that

existed when the statute went into effect and for facilities that would be

brought under RCRA by new regulations. EPA refers to these facilities as

having “interim status.” According to RCRA, interim status facilities do

not need a permit to operate; instead, while they are seeking permits, they

follow a category of regulations created specifically for them by EPA. 

When EPA or a State issues a RCRA operating permit to one of these

facilities, the facility loses its interim status.

Because interim status facilities can operate without a permit, many people

are concerned that some of these facilities are not as safe as permitted

facilities. Interim status facilities are not required to follow -- since they

are not permitted -- any standardized public participation procedures or

permit modification standards (that is, until the facility owner applies for a

permit). Given all these conditions, interim status facilities often pose

public participation challenges even though many such facilities have been

operating for years.

Regulatory agencies may need to use innovative techniques to

communicate with and provide information to communities around interim

status facilities. EPA acknowledges that every situation will require a

different type and level of community involvement. If interest grows in a

certain facility, the agency should consider holding a workshop or an

availability session. Information repositories are another available tool

(see Chapter 5). The agency should take steps to explain the special

situation of interim status facilities to citizens. Of course, if an interim

status facility begins to attract public interest, permitting agencies should

consider moving the facility towards getting a permit and undergoing the

public participation steps in the permitting process. 

Owners and operators of interim status facilities should involve the public

even before they formally start to pursue a RCRA permit. One thing the

facility owners could do to improve access to information is to make a draft

part B application available to the public before submitting it to the
Chapter 3: RCRA Permitting Page 3-22

permitting agency. Facility owners who submitted part B applications in

the past might make their applications available as well. (Note: any

interim status facility that submits its part B application on or after June 11,

1996, will be subject to the standards of the RCRA Expanded Public

Participation Rule and, thus, its application will be available for public

review upon submission). The facility may also want to set up an on-site

information booth or provide other background materials to the public. 

Establishing a contact person and making his or her name available to the

public can improve communication between the facility and the

community. Experience has shown that a good facility-community

relationship during interim status will make for a more cooperative

permitting process.

Members of the public will often have questions or concerns while a

facility is in interim status. Citizens can contact the facility, the regulatory

agency, or the RCRA/Superfund Hotline to ask questions or to inquire

about other sources of information. Citizens may also want to contact

public interest organizations, local government, or other involved citizens

for more information. Interim status facilities will eventually need to enter

the RCRA permitting process, which citizens can use as an opportunity to

air concerns and to encourage the facility to make important changes.

Permit Modifications

Modifications can be

initiated by either the

agency or the facility.

Over time, a permitted facility may need to modify its permit. Just as

public participation is a component of the initial permit process, it is also a

part of the permit modification process. This section discusses different

kinds of permit modifications and their corresponding public participation

requirements. It is important to note that public participation

responsibilities and activities vary depending on, first, who initiated the

modification (i.e., the regulatory agency or the facility owner or operator)

and, second, the degree to which the modification would change substantive

provisions of the permit. No matter who initiates the modification, when a

modification is proposed, only those permit conditions subject to

modification are reopened for public comment.

State permitting agencies may have modifications processes that differ from

the federal requirements. Contact your State agency (see Appendix B) for

more details. 

There are many reasons to modify a permit. In some cases, the regulatory

agency may initiate a permit modification under 40 CFR 270.41. This

section of the regulations identifies three causes for which the regulatory

agency may require a permit modification: (1) alterations or additions to

the permitted facility or activity; (2) new information received by the

regulatory agency; or (3) new standards, regulations, or judicial decisions

affecting the human health or environmental basis of a facility permit. In
Chapter 3: RCRA Permitting Page 3-23

When a facility initiates a

modification, it is

responsible for some

public participation

activities.

addition, the regulatory agency may modify a compliance schedule for

corrective action in the permit. Modifications initiated by the regulatory

agency are subject to the full 40 CFR Part 124 permitting requirements, as

described earlier in this chapter. Specifically, the permitting agency must 

C Issue public notice of the draft modification;

C Prepare a fact sheet or statement of basis; 

C Announce a 45-day public comment period;

C Hold a public hearing, if requested, with 30-day advance notice;

C Issue notice of the final modification decision; and

C Consider and respond to all significant comments.

More often, however, the facility owner or operator requests a permit

modification to improve facility operations or make changes in response to

new standards. Facility-initiated modifications are categorized under 40

CFR 270.42 as Class 1, 2, or 3 according to how substantively they change

the original permit. Class 1 modifications require the least public

involvement; Class 3, the most. Like agency-initiated modifications, a

decision to grant or deny a Class 3 permit modification request is subject to

the public participation procedures of 40 CFR Part 124.

Since facility owners or operators initiate modifications more often than the

regulatory agency, the remainder of this chapter lays out the requirements

for facility-initiated modifications. The permitting agency is also

encouraged to follow these public participation activities, even if not

required under an agency-initiated modification. Appendix L consists of an

EPA fact sheet entitled "Modifying RCRA Permits," which provides more

detail on permit modifications and associated public participation activities. 

Exhibit 3-1 at the end of this Chapter presents an easy-to-read synopsis of

modification requirements and timelines.

When the Facility Owner or Operator Initiates a

Modification

When a facility owner or operator wants to change a RCRA permit, he or

she informs the regulatory agency and interested members of the public,

either before making the change if it is substantive (Class 2 or 3), or soon

after (with a few exceptions), if the change is minor (Class 1). In any case,

this is relatively early notification for members of the public, who often

perceive that RCRA actions are "done deals" by the time public comment is

solicited.

The facility owner or operator is responsible for conducting most of the

public participation for modifications he or she initiates. In addition, the

facility, rather than the regulatory agency, bears the burden of explaining
Chapter 3: RCRA Permitting Page 3-24

Class 2 modifications

require a number of

activities, including a

public notice, comment

period, and a public

meeting.

and defending its actions to the public. To ensure that the facility's public

participation efforts are successful, staff from the facility and the agency

should discuss how to conduct the required activities; the agency should

provide guidance and assistance where necessary. Moreover, EPA

encourages facilities to consult with communities to determine what

activities will best promote public participation. 

Class 1 Modifications

Class 1 modifications address routine and administrative changes, including

updating, replacing, or relocating emergency equipment; updating certain

types of schedules identified in the permit; improving monitoring,

inspection, recordkeeping, or reporting procedures; and updating sampling

and analytical methods to conform with revised regulatory agency guidance

or regulations. They do not substantively alter the conditions in the permit

or reduce the facility's ability to protect human health and the environment. 

With a few exceptions, most Class 1 modifications do not require approval

from the regulatory agency before they are implemented. (The exceptions

are listed in Appendix I to 40 CFR 270.42.)

The only public involvement requirement for Class 1 modifications is that

within 90 days of implementing a change, a facility must send a public

notice to all parties on the mailing list compiled by the permitting agency. 

The facility is responsible for obtaining a complete facility mailing list

from the agency. (For more information on mailing lists see Chapter 5.) 

Any member of the public may ask the agency to review a Class 1

modification.

Class 2 Modifications

Class 2 modifications address facility-initiated changes in the types and

quantities of wastes managed, technological advances, and new regulatory

requirements, where such changes can be implemented without

substantively altering the facility's design or the management practices

prescribed by the permit. Class 2 modifications do not reduce, and, in most

cases should enhance, the facility's ability to protect human health and the

environment. During a Class 2 modification, there may be good

opportunities to explore “low tech” pollution prevention opportunities that

reduce waste generation but do not require major process changes (e.g.,

segregating waste streams, modifying maintenance procedures, or installing

closed loop recycling). 

Class 2 modifications require the facility to submit a modification request

and supporting documentation to the regulatory agency. In addition, the

facility must notify the people on its mailing list about the modification
Chapter 3: RCRA Permitting Page 3-25

request and publish this notice in a major local newspaper of general

circulation. The facility must publish the notice and mail the letter within

seven days before or after it submits the request to the regulatory agency. 

The newspaper notice marks the beginning of a 60-day public comment

period and announces the time and place of a public meeting. In addition,

the notice must identify a contact person for both the facility and the

regulatory agency and must contain the statement, "The permittee's

compliance history during the life of the permit being modified is available

from the regulatory agency contact person." The notice should state that

public comments must be submitted to the permitting agency’s contact

person.

The public comment period provides an opportunity for the public to

review the modification request at the same time as the permitting agency. 

The facility must place the request for modification and supporting

documentation in a location accessible to the public in the vicinity of the

facility (see guidance on information repositories in Chapter 5 for suitable

locations). The facility must conduct the public meeting no earlier than 15

days after the start of the 60-day comment period and no later than 15 days

before it ends. The meeting, which tends to be less formal than a public

hearing held by the regulatory agency in the draft permit stage, provides for

an exchange of views between the public and the owner or operator and a

chance for them to resolve conflicts concerning the permit modification. 

The meeting must be held, to the extent practicable, in the vicinity of the

permitted facility (the guidance on the pre-application meeting, earlier in

this chapter, is applicable to this public meeting ).

The requirements for this meeting, like the pre-application meeting, are

flexible. The facility is not required to provide an official transcript of the

meeting, though we encourage owners/operators to consult the community

and find out if this information would be useful. The permitting agency is

not required to attend the meeting or respond to comments made there;

however, EPA recommends that agency staff attend the meeting to clarify

questions about the permitting process and to find out about any public

concerns and how the owner or operator plans to address them. 

The permitting agency is required to consider all written comments

submitted during the public comment period and must respond in writing to

all significant comments in its decision. EPA expects that the meeting will

provide information to the public and improve the written comments

submitted to the permitting agency. EPA anticipates that community input

at the meeting may also result in voluntary revisions in the facility's

modification request.

As the following paragraphs explain, the Class 2 modification procedures

were written to ensure quick action by the agency. However, when seen by
Chapter 3: RCRA Permitting Page 3-26

the public, these procedures can be very confusing. A simple solution that

the permitting agency or the facility should consider is to provide a fact

sheet or a time table to the public at the meeting.

The procedures for Class 2 modifications include a default provision to

ensure that the permitting agency responds promptly to the facility's

request. The agency must respond to Class 2 modification requests within

90 days or, if the agency notifies the facility of an extension, 120 days. At

any time during this 120-day period, the agency can: (1) approve the

request, with or without changes, and modify the permit accordingly; (2)

approve the request, with or without changes, as a temporary authorization

having a term of up to 180 days; or (3) deny the request. If the permitting

agency does not reach a final decision on the request within this period, the

facility is granted an automatic authorization that permits it to conduct the

requested activities for 180 days. Activities performed under this authorization must comply with all applicable federal and state hazardous waste

management regulations. If the agency still has not acted within 250 days

of the receipt of the modification request, the facility must notify persons on

the facility mailing list within seven days, and make a reasonable effort to

notify other persons who submitted written comments, that the automatic

authorization will become permanent unless the regulatory agency approves

or denies the request by day 300. The public must always have a 50-day

notice before an automatic authorization becomes permanent. The agency

must notify persons on the facility mailing list within 10 days of any

decision to grant or deny a Class 2 modification request. The agency must

also notify persons on the facility mailing list within 10 days after an

automatic authorization for a Class 2 modification goes into effect.

At any time during the Class 2 procedures the agency may also reclassify

the request as a Class 3 modification if there is significant public concern

about the proposed modification or if the agency determines that the facility's proposal is too complex for the Class 2 procedures. This

reclassification would remove the possibility of a default decision.

As previously indicated, the permitting agency may approve a temporary

authorization under 40 CFR 270.42(b) for 180 days for a Class 2

modification. In addition, the agency may grant a facility temporary

authorization under 40 CFR 270.42(e), which would allow the facility,

without prior public notice and comment, to conduct certain activities

necessary to respond promptly to changing conditions. The facility must

notify all persons on the facility mailing list about the temporary

authorization request within seven days of the request. Temporary

authorizations are useful for allowing a facility owner or operator to

perform a one-time or short-term activity for which the full permit

modification process is inappropriate, or for allowing a facility owner or

operator to initiate a necessary activity while his or her permit modification
Chapter 3: RCRA Permitting Page 3-27

Class 3 modifications are

more likely than other

modifications to raise

concern.

is undergoing the Class 2 review process. A temporary authorization is

valid for up to 180 days, and the permitting agency may extend the

authorization for an additional 180 days if the facility initiates the

appropriate Class 2 modification process for the covered activity. In

addition, any extension of the activity approved in the temporary

authorization must take place under Class 2 procedures.

Class 3 Modifications

Class 3 modifications address changes that substantially alter a facility or

its operations. For example, a request to manage new wastes that require

different management practices is a Class 3 modification. 

Class 3 modifications usually involve changes that are broader or more

detailed than Class 1 or 2 modifications; they are also more likely to raise

concern. Though the Class 3 modifications process allows significant

opportunity for public participation, additional activities may be helpful in

some situations. Permit holders, regulators, and community interest groups

may want to consider taking steps to encourage earlier participation. 

Facilities, in particular, should recognize that some Class 3 modifications

will significantly alter their operations. In such cases, and in all cases

where public interest may be high, permittees should consider providing

information and public participation activities prior to submitting the

modification request. 

When concern is high, it is critical for the facility to consult with the

agency to make sure that the facility knows how to conduct the required

public participation activities. In some cases, the permitting agency might

encourage the facility to go beyond the requirements and hold workshops

and publish fact sheets to explain the proposed change. Public

participation activities held by the agency or public interest groups can

supplement the regulatory requirements. 

As with Class 2 modifications, Class 3 modifications require the facility to

submit a modification request and supporting documentation to the

permitting agency, and notify persons on the facility mailing list about the

modification request and publish notice in a major local newspaper of

general circulation. The facility must publish the notice and mail the letter

within seven days before or after the submitting the modification request to

the regulatory agency. The notice must contain the same information as the

Class 2 notification (see above), including an announcement of a public

meeting to be held by the facility at least 15 days after the notice and at

least 15 days before the end of the comment period. The newspaper notice

marks the beginning of a 60-day public comment period.
Chapter 3: RCRA Permitting Page 3-28

Class 3 modifications are

subject to the same

public participation

procedures as permit

applications.

In holding a public meeting during the comment period, the facility owner

or operator should follow the guidance for the pre-application meeting

above. The requirements for this meeting are flexible. The facility is not

required to provide an official transcript, though we encourage

owners/operators to consult the community and find out if this information

would be useful. As with Class 2 modifications, the agency is not required

to attend the meeting or to respond to comments made at the meeting. 

However, it is important that the permitting agency attend the facility's

public meeting in order to gauge concern about the proposed change and

prepare appropriately for a public hearing, if one is requested. By attending

the public meeting, the agency may learn whether it needs to conduct

additional public participation activities (e.g., hold a workshop or informal

meetings) after preparing the draft modification. The agency can also

clarify questions about the permitting process. The agency should consider

responding to issues raised at the meeting as part of the response to

comments for the 60-day comment period. Of course, people who attend

the meeting have the opportunity to submit formal comments to the

permitting agency during the comment period.

At the conclusion of the 60-day comment period, the agency must consider

and respond to all significant written comments received during the

comment period. The agency must then either grant or deny the Class 3

permit modification request according to the permit modification

procedures of 40 CFR Part 124. 

Class 3 modifications are subject to the same review and public

participation procedures as permit applications, as specified in 40 CFR

270.42(c). The agency is required to perform the following tasks:

C Preparation of draft permit modification conditions or notice of intent

to deny the modification;

C Publication of a notice of the agency's draft permit decision, which

establishes a 45-day public comment period on the draft permit

modification;

C Development of a fact sheet or statement of basis;

C Holding a public hearing, if requested, with 30-day advance notice;

C Issuance of the notice of decision to grant or deny the permit

modification; and

C Consideration and response to all significant written and oral

comments received during the 45-day public comment period.

With Class 3 permit modifications, the public has 60 days to comment on

the facility's requested modification and another 45 days to comment on the

agency's draft permit modification or proposed notice of intent to deny the

modification. And, in addition to the public meeting held by the facility

owner or operator, the public may also request a public hearing with the
Chapter 3: RCRA Permitting Page 3-29

agency. 

The permitting agency must notify persons on the facility mailing list

within 10 days of any decision to grant or deny a Class 3 modification

request. As with Class 2 modifications, the regulatory agency may grant a

facility a temporary authorization to perform certain activities requested in

the Class 3 modification for up to 180 days without prior public notice and

comment. For example, the agency may grant temporary authorizations to

ensure that corrective action and closure activities can be undertaken

quickly and that sudden changes in operations not covered under a facility's

permit can be addressed promptly. Activities performed under a temporary

authorization must comply with all applicable federal and state hazardous

waste management regulations. The facility must issue a public notice to

all persons on the facility mailing list within seven days of submitting the

temporary authorization request. The agency may grant a temporary

authorization without notifying the public. The permitting agency may

reissue a temporary authorization for an additional 180 days provided that

the facility has initiated the appropriate Class 3 modification process for the

activity covered in the temporary authorization and the agency determines

that the extension is warranted to allow the facility to continue the activity

while Class 3 procedures are completed. See Appendix L for an EPA fact

sheet on modifying RCRA permits.

Public Participation

in Closure and PostClosure

Facilities may discontinue operations at one or more units for a number of

reasons. For example, units may have reached capacity, the facility owner

or operator may no longer wish to accept wastes, or the facility may have

lost interim status and be required to close by the permitting agency. 

During closure, facility owners or operators complete treatment, storage,

and disposal operations; apply final covers or caps to landfills; and dispose

of or decontaminate equipment, structures, and soil. Post-closure, which

applies only to land disposal facilities that do not "clean close" (i.e., remove

all contaminants from the unit), is normally a 30-year period after closure

during which owners or operators of disposal facilities conduct monitoring

and maintenance activities to preserve the integrity of the disposal system.

Closure and PostClosure at Permitted

Facilities

EPA regulations (40 CFR 264.112 and 264.118) require facilities seeking

operating permits to submit closure and post-closure plans (if appropriate)

with their Part B applications in accordance with 40 CFR 270.14(b)(13). 

Furthermore, land disposal facilities that leave wastes in place when they

close must obtain a post-closure permit, which specifies the requirements

for proper post-closure care. Consequently, the public has the opportunity

to comment on a facility's closure and post-closure plans and any

amendments made to the plans as part of the permitting process and permit

modification procedures, as described earlier in this chapter.
Chapter 3: RCRA Permitting Page 3-30

Public participation for the

post-closure phase must

address public concerns about

corrective action.

Facilities seeking permits for post-closure are exempt from the preapplication meeting requirement (§ 124.31) in the RCRA Expanded Public

Participation rule. The facility, permitting agency, or community group

may decide to hold some type of meeting prior to issuance of the postclosure permit. Refer to Chapter 5 for information on public meetings,

availability sessions, and workshops. 

The permitting agency or other involved organizations should be aware of

closure issues that may concern the public, and they should plan public

participation activities accordingly. For example, if the public has

reservations about how "clean" the facility will actually be after the facility

closes, public interest groups, the agency, or the facility may want to

provide fact sheets or conduct educational workshops and informational

meetings about the closure plan and the conditions at the facility. 

If the facility owner or operator is leaving a facility, and possibly even the

community, the public may be very concerned about whether the facility

owner or operator will really be vigilant in monitoring the post-closure

operations at the facility or will have enough financial resources to do so. 

Moreover, almost all post-closure permits will contain schedules of

compliance for corrective action if a facility closes before all necessary

corrective action activities are completed. As a result, public participation

events in the post-closure phase need to address community concerns about

corrective action. (See Chapter 4 for additional information on corrective

action activities.) Note, however, that unless corrective action is required

in the post-closure permit, public interest in closure plans is usually limited.

Closure and PostClosure at Interim

Status Facilities

Facilities may also close under interim status, often under enforcement

orders. Facilities that are closing under interim status must submit closure

and post-closure plans (if appropriate) under 40 CFR 265.112 and 265.118. 

Public participation activities for interim status facilities during the closure

and post-closure processes are specified in 40 CFR 265.112(d)(4) and

265.118(f). The regulations require that the permitting agency provide the

public and the facility, through a newspaper notice, with the opportunity to

submit written comments on the closure and post-closure plans and request

modifications to the plans no later than 30 days from the date of the notice.

EPA encourages permitting agencies to use other methods of notice, as

appropriate, to announce the meeting. In response to a request, or at its

own discretion, the agency may hold a public hearing on the plan(s), if

such a hearing might clarify one or more of the issues concerning the

plan(s). The agency must provide public notice at least 30 days before the

hearing. The agency will approve, modify, or disapprove the plan(s) within

90 days of their receipt.

The public can petition the permitting agency to extend or reduce the post-
Chapter 3: RCRA Permitting Page 3-31

closure care period applicable to an interim status facility or land disposal

unit. Whenever the agency is considering a petition on a post-closure plan,

it will provide the public and the facility, through a public notice in the

newspaper, with the opportunity to submit written comments within 30 days

of the date of the notice. Again, EPA encourages permitting agencies to go

beyond the newspaper notice requirement, as appropriate, to disseminate

the notice. In response to a request or at its own discretion, the agency may

hold a public hearing on the post-closure plan, if such a hearing might

clarify one or more of the issues concerning the plan. The agency must

provide public notice of the hearing at least 30 days before it occurs. If

the agency tentatively decides to modify the post-closure plan, 40 CFR

265.118(g)(2) requires that the agency provide the public and the facility,

through a public notice in the newspaper, with the opportunity to submit

written comments within 30 days of the date of the notice, as well as the

opportunity for a public hearing. After considering the comments, the

regulatory agency will issue a final decision.

An interim status facility may amend its closure plan at any time prior to

the notification of partial or final closure, and its post-closure plan any time

during the active life of the facility or during the post-closure care period. 

An owner or operator with an approved closure or post-closure plan must

submit a written request to the permitting agency to authorize a change. In

addition, the agency may request modifications to the closure and postclosure plans. If the amendment to the closure plan would be a Class 2 or

Class 3 modification, according to the criteria specified in 40 CFR 270.42,

then the modification to the plan will be approved according to the

procedures in 40 CFR 265.112(d)(4) detailed above. Similarly, if the

amendment to the post-closure plan would be a Class 2 or Class 3

modification, according to the criteria specified in 40 CFR 270.42, the

modification will be approved according to the procedures in 40 CFR

265.118(f), also described above.

Chapter Summary

Some permitting situations will call for public participation that goes beyond the regulatory requirements

The "RCRA Expanded Public Participation" rule (60 FR 63417, December 11, 1995), provides for earlier public participation in

the permitting process, expands public notice for significant events, and enhances the exchange of permitting information

EPA strongly encourages permitting agencies and facilities to ensure equal access to permitting information and provide an equal

opportunity for all citizens to be involved in the RCRA permitting process

The permit decision process and the required public participation activities can be divided into four key steps :

1. The Pre-Application Stage

- Facility gives public notice and holds an informal public meeting
Chapter 3: RCRA Permitting Page 3-32

- Agency develops a mailing list

- Additional activities that may apply include: community assessments, public participation plans, information

repositories, and fact sheets

2. Application Submittal, Notice, and Review

- Agency issues a notice to the facility mailing list and state and local governments

- Agency makes application available for public review

- Additional activities that may apply include: observation decks, facility tours, community tours, workshops, and news

conferences.

3. Preparation of Draft Permit, Public Comment Period, and the Public Hearing

- Agency issues public notice of draft permit (or intent to deny)

- Agency prepares a fact sheet or statement of basis

- Agency announces a 45-day public comment period

- Hold a public hearing, if requested or at the agency’s discretion, with 30-day advance notice

- Additional activities that may apply include: information sessions, workshops, news releases, and fact sheets.

4. Response to Public Comments and the Final Permit Decision

- Agency responds to all significant comments raised during the public comment period, or during any hearing

- Agency issues notice of final permit decision

The regulatory agency can initiate a permit modification under 40 CFR 270.41 following the full permitting procedures of 40 CFR

Part 124. A facility may also initiate a Class 1, 2, or 3 permit modification under 40 CFR 270.42. For facility-initiated

modifications, public participation activities are required of both the facility and the regulatory agency, as described below:

1. Class 1

Facility Requirements:

- Notify mailing list within 90 days

2. Class 2

Facility Requirements:

- Notify mailing list and public newspaper notice

- Announce 60-day public comment period

- Place modification request and supporting documentation in an accessible location in the vicinity of the facility

- Hold public meeting

- If the regulatory agency does not act within 250 days of the modification request, notify mailing list that automatic

authorization will become permanent in 50 days

Regulatory Agency Requirements:

- Allow 60 days for public comment on the modification request

- Consider all written comments and respond in writing to all significant comments

- Issue notice to the mailing list within 10 days of any decision to grant or deny a modification request

- Issue notice to the mailing list within 10 days after an automatic authorization goes into effect

3. Class 3

Facility Requirements:

- Notify mailing list and publish newspaper notice

- Announce 60-day public comment period

- Place modification request and supporting documentation in an accessible location in the vicinity of the facility

- Hold public meeting
Chapter 3: RCRA Permitting Page 3-33

Regulatory Agency Requirements:

- Allow 60 days for public comment on the modification request

- Issue public notice

- Prepare a fact sheet or statement of basis

- Announce a 45-day public comment period on draft permit decision

- Hold a public hearing, if requested, with 30-day advance notice

- Issue or deny the modification request

- Respond to written and oral comments from the 45-day comment period

- Consider and respond to all significant written comments received during the 60-day comment period

For Class 2 or 3 modifications, the permitting agency may grant a facility temporary authorization to perform certain activities for

up to 180 days. The facility must notify the public within seven days of making the request. The agency may grant a temporary

authorization without prior public notice and comment.

For facilities seeking permits, the public has the opportunity to comment on closure and post-closure plans and any amendments to

the plans as part of the permitting process and permit modification procedures. The public can also comment and request hearings

on closure and post-closure plans submitted by interim status facilities. The permitting agency can initiate, and the facility can

request, modifications to interim status plans; these requests are also subject to public comment.

Post-closure permits and plans often mandate corrective action.
Chapter 3: RCRA Permitting Page 3-34

Exhibit 3-1

Public Participation Requirements for Class 1, 2, and 3 Permit Modifications

Class 1

Type of Changes -- Routine and administrative changes

Required Activities

Within 90 days of implementing a change, facility must notify all parties on mailing list.

Class 2

Type of Changes -- Improvements in technology and management techniques

Required Activities

Day 1: Regulatory agency receives modification request.

Day 7: Facility publishes newspaper notice, notifies mailing list, and places copy of permit modification request and

supporting documents in accessible location.

Days 15-45: Facility holds public meeting.

Day 60: Written public comments due to regulatory agency.

Day 90: Regulatory agency response to modification request due, including response to written comments. Deadline may be

extended 30 days.

Day 120: If regulatory agency has not responded, requested activity may begin for 180 days under an automatic

authorization.

Day 250: If regulatory agency still has not responded, facility notifies public that authorization will become permanent

unless regulatory agency responds within 50 days.

Day 300: If regulatory agency has not responded, activity is permanently authorized.

Regulatory agency must notify mailing list within 10 days of any decision to grant or deny modification request, or after an

automatic authorization goes into effect.

Class 3

Type of Changes -- Major changes to a facility and its operations

Required Activities

Day 1: Regulatory agency receives modification request.

Day 7: Facility publishes newspaper notice, notifies mailing list, and places copy of the permit modification request and

supporting documents in an accessible location.

Days 15-45: Facility holds public meeting.

Day 60: Written public comments due to regulatory agency.

After the conclusion of the 60-day comment period, the regulatory agency must grant or deny the permit modification request

according to the permit modification procedures of 40 CFR Part 124. These include:

C Issuing public notice of the draft permit modification or intent to deny the modification;

C Preparing a fact sheet or statement of basis;

C Announcing a 45-day public comment period;

C Holding a public hearing, if requested, with a 30-day advance notice;

C Considering and responding to all significant written and oral comments received during the 45-day comment period; and

C Issuing notice of the final permit modification.

In addition, the regulatory agency must consider and respond to all significant written comments received during the 60-day

comment period.
Chapter 4: Corrective Action and §3008(h) Orders Page 4-1

Chapter 4

Public Participation in RCRA

Corrective Action Under Permits and

§3008(h) Orders

Introduction

Corrective action

may take place under

a permit or an

enforcement order.

RCRA requires owners and operators of hazardous waste management

facilities to clean up contamination resulting from current and past

practices. These cleanups, known as corrective actions, reduce risks to

human health and the environment. 

As with the rest of the RCRA program, state environmental agencies can

receive authorization from EPA to implement the corrective action

program. The corrective action requirements in authorized states must be

at least as stringent as the federal requirements and may be more stringent. 

Where states implement the program, EPA plays an oversight role; the

Agency implements the program in non-authorized states. 

This chapter lays out a framework for corrective action public participation

that follows the typical approach to facility cleanup (e.g., site investigation,

analysis of alternatives, remedy selection). However, alternative

approaches may be used provided they achieve the goals of full, fair, and

equitable public participation. More than 5,000 facilities are subject to

RCRA corrective action. The degree of cleanup necessary to protect human

health and the environment varies significantly across these facilities. Few

cleanups will follow exactly the same course; therefore, program

implementors and facility owners/operators must be allowed significant

latitude to structure the corrective action process, develop cleanup

objectives, and select remedies appropriate to facility-specific

circumstances. Similar latitude must be allowed in determining the best

approach to public participation, in order to provide opportunities

appropriate for the level of interest and responsive to community concerns.

At the federal level, corrective actions may take place under a RCRA

permit or as an enforcement order under §3008 of RCRA. In authorized

states, corrective action may take place under a state-issued RCRA permit,

a state cleanup order, a state voluntary cleanup program, or another state

cleanup authority. Since authorized states may use a variety or

combination of state authorities to compel or oversee corrective actions,

EPA encourages interested individuals to check with their state agency to

gather information on the available public participation opportunities.
Chapter 4: Corrective Action and §3008(h) Orders Page 4-2

The RCRA corrective action program is the counterpart of EPA’s other

hazardous waste clean-up program, “Superfund,” which is formally known

as the Comprehensive Environmental Response, Compensation, and

Liability Act (CERCLA). Unlike most Superfund clean-ups, RCRA

corrective actions generally take place at facilities that continue to operate,

and the current facility owner or operator is involved in the cleanup. 

Because cleanups under RCRA and Superfund often involve similar issues,

EPA encourages equivalent public participation procedures in the two

programs. Thus, parts of this chapter will refer you to the Community

Relations in Superfund handbook (EPA/540/R-92/009, January 1992),

which is available by calling the RCRA/Superfund Hotline at 1-800-424-

9346.

Current Status of

the Corrective

Action Program

The ANPR emphasizes

areas of flexibility in

corrective action and

describes how the

program is improving.

Although Subpart S

regulations are not final,

much of the 1990 proposal is

routinely used as guidance by

permit writers.

On May 1, 1996, EPA published an Advance Notice of Proposed

Rulemaking (ANPR) in the Federal Register (61 FR 19432). The Notice: 

(1) presents EPA’s strategy for writing final corrective action regulations;

(2) describes the current corrective action program and requests

information to help EPA identify and implement improvements to the

program; and (3) emphasizes areas of flexibility in the current program and

describes program improvements already underway. 

Public participation during corrective action derives from a combination of

regulations and EPA guidance. The regulations set out requirements that

facilities and agencies must meet when a permit is issued or modified,

under 40 CFR parts 124 and 270, to incorporate corrective action

provisions. EPA guidance, on the other hand, suggests additional

provisions that the permitting agency may include in the permit. One

example of such guidance for corrective action activities is the Proposed

Subpart S rule (55 FR 30798, July 27, 1990). The Subpart S regulations are

not final, but much of the 1990 proposal is routinely used as guidance by

permit writers. 

1

Since there are no regulations requiring public participation under §3008(h)

orders, any such activities are based on guidance. EPA policy states that

the opportunities for public participation should be generally the same as

those 

________________

Two provisions of the 1990 proposal were promulgated in 1993: the final corrective action management unit (CAMU) and 1

temporary unit regulations on February 16, 1993 (58 FR 8658). Under this final rule, CAMUs and temporary units may be

designated by the regulatory agency in the permit prior to or during remedy selection according to the procedures in 40 CFR

270.41; these units may also be implemented through the use of Section 3008(h) orders or order modifications. Conversely, the

facility may request a permit modification to implement a CAMU following the Class 3 permit modification process defined in 40

CFR 270.42. If approval of a temporary unit or time extension for a temporary unit is not requested under a Class 3 permit

modification or obtained under a regulatory agency-initiated modification, the facility owner or operator may request approval for

a temporary unit according to the procedures for a Class 2 permit modification. Chapter 3 (RCRA Permitting) discusses the public

participation activities associated with each level of permit modification. 
Chapter 4: Corrective Action and §3008(h) Orders Page 4-3

In the 1996 ANPR, the

Agency reaffirmed

using portions of the

1990 proposal as

guidance.

Public participation

should come early in

the corrective action

process.

opportunities that accompany corrective action under a permit (see the

section called “Special Considerations for Public Participation Activities

Under §3008(h) Orders” below).

The May 1, 1996 ANPR reaffirms the Agency’s use of portions of the 1990

proposal as guidance, including many of the portions addressing public

participation in corrective action. While much of the 1990 proposal will

still be used as guidance, the ANPR emphasizes the need for flexibility in

developing site-specific corrective action schedules and requirements,

including public participation requirements tailored to meet the needs of the

local community.

As described in the ANPR, EPA is actively looking for opportunities to

identify and implement improvements to make the corrective action

program faster, more efficient, more protective, and more focused on

results. In the ANPR, the Agency emphasizes that revisions to the

corrective action program should also enhance opportunities for timely and

meaningful public participation.

This chapter outlines the public participation activities associated with the

corrective action process under both permits and §3008(h) orders. It

describes public participation activities currently required under federal

regulations and policies, as well as additional activities that EPA

recommends. If additional guidance is appropriate upon promulgation and

re-proposal of corrective action regulations, EPA will update this chapter

and make it available to the public.

The three paragraphs below provide a few guidelines for public

participation, in the form of overarching principles, which should be

considered throughout the corrective action process.

Early Participation

As we emphasized in Chapter 2, public participation should begin early in

the permitting process. It should also begin early in the corrective action

process. Many of the important decisions in a corrective action are made

during the site investigation and characterization. Overseeing agencies and

facilities should make all reasonable efforts to provide for early public

participation during these phases. 

Consistency with Superfund

A significant portion of the RCRA corrective action process is analogous to

the Superfund process. Due to this similarity, EPA encourages permitting

agencies and facilities to make public participation activities under the

RCRA system consistent with those activities required under Superfund. 

For example, RCRA interim actions should provide opportunities for

participation that are similar to, or go beyond, Superfund public
Chapter 4: Corrective Action and §3008(h) Orders Page 4-4

participation for removal actions, and similar opportunities for participation

should be available under both corrective measures implementation and a

Superfund remedial action.

Shared Responsibility for Public Participation

Activities

The corrective action process may involve cleanup steps that are initiated

by an overseeing agency or a facility owner/operator. Public participation

activities will often be more useful for the public if the party who

performed the latest cleanup step then conducts the public participation

activity. For instance, if the facility owner/operator does a facility

investigation, then it would usually be more appropriate for the facility

owner/operator to run the public meeting or whatever activity follows the

investigation. In addition, EPA recognizes that important forms of public

participation take place outside of the formal corrective action process. 

The Agency encourages public interest, environmental, civic, and other

organizations to provide such activities. The Agency also encourages

citizens to discuss cleanup and permitting issues with knowledgeable

stakeholders in the community.

Special

Considerations for

Public Participation

Activities Under

§3008(h) Orders

Under EPA policy,

public participation

requirements during

corrective action are

generally the same

under orders and

permits.

As we mentioned above, corrective action activities are conducted under an

order issued under RCRA Section 3008(h). RCRA 3008(h) orders may be

used to get corrective action started in advance of facility permitting or

when a facility is closing under interim status. RCRA 3008(h) orders may

be issued either on consent or unilaterally. A consent order is issued when

the facility and the regulatory agency have come to an agreement about the

corrective action; a unilateral order is issued when the regulatory agency

and the facility have been unable to agree about the need for, or the scope

of, corrective action.

As a matter of EPA policy, the substantive corrective action requirements

and public participation requirements imposed under an order are generally

the same as those that would occur if corrective action were taking place

under a permit (61 FR 19432, May 1, 1996); however, because orders have

significant administrative differences from permits there are some special

considerations. For example: under a §3008(h) order, there may be

limitations on the permitting agency's ability to release or discuss certain

information; no public participation activities are statutorily required under

§3008(h), though EPA policy is that public participation under corrective

action orders be generally the same as under permits; and, while facility

owner/operators may agree to conduct public participation activities under

a consent order, under a unilateral order public participation responsibilities

will likely fall to the permitting agency.

In addition to ensuring that appropriate public participation activities occur

during implementation of a corrective action order, in some cases, it may
Chapter 4: Corrective Action and §3008(h) Orders Page 4-5

be useful to begin public participation prior to the issuance of the order by

assessing the community's concerns and identifying the most appropriate

means of addressing those concerns. (Assessing a community's concerns

and planning for public participation is discussed in greater detail in

Chapter 2.) When corrective action will take place under a consent order,

care should be taken to explain to the community that corrective action

orders on consent are not traditional enforcement actions in that they are

simply means to expedite initiation of corrective action activities; they are

not typically issued in response to a violation at the facility.

Limitations on Releasing Information: When the agency is negotiating

an order with the facility, confidentiality of certain information must be

maintained. The aim of these negotiations is to encourage frank discussion

of all issues and to resolve differences, thereby allowing the agency to issue

an order on consent rather than unilaterally. Agency staff should take

notice: public disclosure of some information may be in violation of state

and federal statutes, and could jeopardize the success of the negotiations, so

be sure to coordinate any public notices with enforcement staff before

releasing information. 

Not being able to fully disclose information to the public can pose

problems, particularly in a community where interest is high and citizens

are requesting information. If interest in the facility is high, the project

manager, project staff, and the Public Involvement Coordinator should

discuss how to address citizens' concerns without breaching confidentiality. 

At the very least, the public deserves to know why these limitations are

necessary and when and if they will be lifted. 

Further constraints may be placed upon public participation if discussions

with the facility break down, and the case is referred to the Department of

Justice (DOJ) to initiate litigation. In this situation, public participation

planning should be coordinated with the lead DOJ attorney as well.

Strongly Suggested Versus Required Activities: As discussed earlier in

this Chapter, EPA’s policy is that the substantive corrective action

requirements and public participation requirements imposed under an order

should be generally the same as those that would occur if corrective action

were taking place under a permit. U.S. EPA's Office of Solid Waste and

Emergency Response has issued two directives addressing public

participation in §3008(h) orders: Directive 9901.3, Guidance for Public

Involvement in RCRA Section 3008(h) Actions (May 5, 1987) and

Directive 9902.6, RCRA Corrective Action Decision Documents: The

Statement of Basis and Response to Comments (April 29, 1991). These

directives suggest public participation activities in orders, even though such

activities are not required by statute. The directives suggest the following

activities after a proposed remedy has been selected:

C Writing a statement of basis discussing the proposed remedy;
Chapter 4: Corrective Action and §3008(h) Orders Page 4-6

C Providing public notice that a proposed remedy has been selected and

the statement of basis is available; 

C Providing a public comment period (30-45 days) on the proposed

remedy; 

C Holding a public hearing if requested; and

C Writing a final decision and response to comments. 

The remainder of this Chapter reflects EPA’s support for having equivalent

public participation steps under both permits and orders. While there are

no requirements for public participation under orders, EPA strongly

suggests the activities reviewed in this Chapter. In our review of the

corrective action elements (initial site assessment, site characterization,

etc.) in the following pages, we discuss public participation activities that

are required or additional. Because EPA strongly suggests public

participation activities under orders, we present them under the “Required

Activities” headings for each corrective action element.

Consent Versus Unilateral Orders: If the agency is issuing a consent

order, the agency should consider negotiating with the facility to have it

write a public participation plan (if community interest in the facility is

high), or at least conduct some activities as terms of the order. If the

agency is issuing a unilateral order, however, circumstances may be such

that it is necessary and/or appropriate for the agency to assume all or most

public participation responsibilities. Care must be used regarding the

disclosure of information prior to the issuance of a unilateral order. 

Premature disclosure may place additional strain on the facility-agency

relationship.

Public Participation

In Corrective Action

Because corrective action activities involve investigation of releases and

potential releases of hazardous waste, the community is likely to take an

active interest. Corrective action investigations and remedial activities may

be very visible to the public. Experts visit the facility to conduct

investigations, trucks and equipment travel back and forth to the facility,

and government agencies oversee activities. Delays in the cleanup or long

“down times” between permitting activities are not uncommon. All of

these factors can heighten the anxiety and concern of the community. 

Accordingly, the community may require more information on issues

related to current or potential contamination, including levels of

contamination, the extent of health and environmental risks, and the

potential for future risks. The public may also seek additional opportunities

to give input to the overseeing agency or the facility.

The regulatory requirements provide a baseline for adequate public

participation while leaving a great deal of flexibility in the program. Some

situations will call for public participation opportunities that go beyond the

regulatory baseline. Where regulations do not specify public participation

during corrective action, overseeing agencies and facility owners/operators
Chapter 4: Corrective Action and §3008(h) Orders Page 4-7

A successful corrective

action program must be

procedurally flexible; no

one approach will be

appropriate for all facilities.

should develop site-specific public participation strategies that are

consistent with existing requirements and provide for full, fair, and

equitable public participation.

The scope and complexity of corrective actions will vary significantly

across facilities. For this reason, EPA has created a flexible program that

allows regulatory agencies to tailor corrective action requirements to

facility-specific conditions and circumstances. While EPA’s public

participation regulations establish a baseline of requirements, some

situations will call for public participation opportunities that go beyond the

regulatory baseline. This is particularly true in the corrective action

program because many of the specific corrective action regulations,

including regulations for public participation, are not yet final and because

corrective action activities often occur outside the permitting process (e.g.,

under a federal or state order). In this chapter, we will discuss times during

the process when additional public participation can be critical. We

encourage stakeholders to follow the guidance in this chapter and Chapter 2

when planning for public participation in the corrective action process. 

Corrective actions, like most site cleanup activities, usually involve several 

key elements. These elements are:

C Initial Site Assessment (RCRA Facility Assessment (RFA));

C Site Characterization (RCRA Facility Investigation (RFI);

C Interim Actions;

C Evaluation of Remedial Alternatives (Corrective Measures

Study (CMS);

C Remedy Selection; 

C Remedy Implementation (Corrective Measures Implementation

(CMI)); and

C Completion of the Remedy.

The corrective action process is not linear. The elements above should not

be viewed as prescribed steps on a path, but as evaluations that are

necessary to support good cleanup decisions. Because these elements may

not occur in the same order (or at all) at every facility, we encourage

planners to use them as general guidelines, while leaving flexibility for

changes. A successful corrective action program must be procedurally

flexible; no one approach to implementing these cleanup elements will be

appropriate for all facilities. The seven elements, and the public

participation activities associated with them, are described in the sections

below. 

Refer to Chapter 3 for additional information on permitting, including

permit modifications, and Chapter 5 for specific details on public

participation activities described in this chapter. 

The corrective action process usually begins with an initial site assessment,
Chapter 4: Corrective Action and §3008(h) Orders Page 4-8

Initial Site

Assessment (RFA)

called a RCRA Facility Assessment or RFA. The RFA is conducted either

by the overseeing agency or by the facility with subsequent agency

approval. The purpose of an RFA is to gather data about a site, including

releases and potential releases of hazardous waste and hazardous

constituents, to determine whether a cleanup may be necessary. RFAs

usually include (1) a file review of available information on the facility; (2)

a visual site inspection to confirm available information on solid waste

management units (SWMUs) at the facility and to note any visual evidence

of releases; and (3) in some cases, a sampling visit to confirm or disprove

suspected releases. 

The results of an RFA are recorded in an RFA report. The RFA report will

describe the facility and the waste management units present at the facility

and note any releases or potential releases. It will also describe releases

and potential releases from other, non-waste-management-associated

sources (e.g., a spill from a product storage tank). Interested individuals

may request copies of RFA reports from the appropriate EPA regional

office or state agency.

In addition to the information recorded in RFA reports, if corrective action

is taking place in the context of a RCRA permit, the permit application will

also describe the physical condition of the facility including its subsurface

geology, the waste management units present at the facility, and any

releases and potential releases. 

The RFA report usually serves as the basis for future corrective actions at a

facility. If, after completion of the RFA, it appears likely that a release

exists, then the overseeing agency will typically develop facility-specific

corrective action requirements in a schedule of compliance, which will be

included in the facility's permit or in a RCRA Section 3008(h) corrective

action order. 

In the case of corrective action implemented through a permit, the public

may comment on the schedule of compliance for corrective action during

permit issuance and subsequent permit modification (see Chapter 3 for

more information on the permitting process and permit modifications). 

When corrective action is implemented though a 3008(h) order, the public

should be given an opportunity to comment on the schedule of compliance

when the order is issued; however, it may take many months of discussions

between the facility owner/operator and the overseeing agency before an

order is issued. In the meantime, the facility owner/operator may develop a

mailing list, modeled after the mailing list developed under the permitting

process, and a public participation plan.

On the day the order is issued, the administrative record, containing all

information considered by the agency in developing the order, is made

available for inspection by the public. The agency may also want to place a

copy of the administrative record at a local library close to the facility.
Chapter 4: Corrective Action and §3008(h) Orders Page 4-9

The overseeing agency or facility owner/operator should consider writing a

fact sheet that gives details of the order and the corrective action process. 

If there is a high level of interest in the facility, an open house or

workshop should be considered.

Site

Characterization

(RFI)

A RCRA Facility Investigation or RFI is necessary when a release or

potential release is identified and additional information is necessary to

determine the nature and scope of corrective action, if any, that is needed. 

The purpose of an RFI is to characterize the nature and extent of

contamination at the facility and to support selection and implementation of 

a remedy or remedies or, if necessary, interim measures.

Required Activities

If corrective action is being conducted in the context of a RCRA permit, the

public has the opportunity to review and comment on the scope of the RFI

and RFI schedules and conditions during permit issuance. The RFI is

usually conducted by following an agency-approved RFI plan. If the RFI

plan is incorporated into a permit by a permit modification, then the public

will have an opportunity to comment on the scope and schedule of the RFI

during the modification process. See Chapter 3 for more information on

public participation during permit modifications. 

If corrective action is being conducted under a 3008(h) order, the public

should be given the opportunity to review and comment on the scope of the

RFI and RFI conditions when the order is issued and/or when the RFI

workplan is approved. 

RFIs can often involve numerous rounds of field investigation and can take

months or even years to complete. During the RFI process, it may be

necessary to change the RFI requirements or modify the RFI schedule to

react to new information. When corrective action is being conducted in the

context of a RCRA permit, the public has an opportunity to comment on

changes to RFI conditions and schedules during the permit modification

process. Significant changes to the scope of RFI requirements are typically

Class 3 permit modifications, changes to RFI schedules or investigatory

details (e.g., a change in the number of samples to be collected in a given

sampling area) are typically considered either Class 1 or Class 2

modifications, depending on their significance. When corrective action is

being conducted under an order, the public’s opportunities to review

changes to RFI conditions and schedules should be consistent with the

opportunities that are available under a permit. The facility mailing list,

developed during the initial stages of the permitting process, or a mailing

list developed during preparation of the corrective action order, should be

used and updated throughout the corrective action process in order to keep

members of the community informed. (See Chapters 3 and 5 for more

information on facility mailing lists.) 
Chapter 4: Corrective Action and §3008(h) Orders Page 4-10

In some cases (e.g., where there is a high level of public interest in

corrective action activities), the overseeing agency will determine that an

information repository is needed to ensure adequate public involvement. 

When corrective action is being conducted under a RCRA permit the

agency can require the facility to establish a repository under § 270.30(m). 

A repository at the RFI stage will provide access to information from an

early stage in the process, though the agency has the discretion to use this

provision at any stage in the permitting process or at any stage during the

corrective action. If the agency decides to require a repository, it will

direct the facility to notify the public of the existence of the repository,

including the name and phone number of a contact person. See Chapter 5

for more detail on information repositories.

Additional Activities

The start of the RFI usually marks the beginning of highly visible, on-going

corrective action activities at a facility. Because RFI activities are highly

visible and because many of the important decisions regarding the scope of

potential corrective actions may be made during the RFI, it will generally

be appropriate to reevaluate community concerns and the level of public

participation and to revise the public participation plan accordingly (see

Chapter 5) when RFIs begin. Such efforts early in the process, before

community concerns and issues become overwhelming, will be beneficial

in the long run. 

Developing and distributing fact sheets throughout the RFI process is an

excellent way to keep in touch with the community. It is a good idea to

issue a fact sheet before the RFI begins to explain the investigation's

purpose and scope. Another fact sheet should be issued after the RFI is

completed to report the investigation results. 

EPA encourages all facilities to make the results of the RFI readily

available to interested stakeholders. One means of providing access to the

information is to send a summary of the RFI report to the facility

mailing list, as proposed in the 1990 Subpart S proposal. The facility may

choose other means of distributing the information, such as through a fact

sheet or project newsletter. The full report should be made available for

review in an information repository, if one exists, or through some other

method that is convenient for the interested public.

The facility owner/operator should provide notice to all adjacent

landowners and other persons who may have been affected by releases of

contamination, via air or ground water, from the facility. EPA

recommends that the owner/operator follow the provisions in the 1990

proposal (proposed § 264.560(a) and (b)) for notifications for discoveries

of contamination (see 55 FR 30882). 
Chapter 4: Corrective Action and §3008(h) Orders Page 4-11

Informal meetings or workshops held by the facility, the permitting

agency, or public interest groups can provide valuable forums for

discussing community concerns.

Interim Actions Interim actions are activities used to control or abate ongoing risks to

human health or the environment in advance of final remedy selection. For

example, interim actions may be required in situations where contamination

poses an immediate threat to human health or the environment. They also

may be required to prevent further environmental degradation or

contaminant migration prior to implementing the final remedy. Interim

actions may occur at any point in the corrective action process; however,

they are often implemented during the RFI or CMS. 

Required Activities

When corrective action is proceeding under a RCRA permit, the permit

may identify specific interim measures and/or stabilization measures (if

they are known at the time of permit issuance) or may have general

conditions that govern when interim measures might be required during the

course of the corrective action. In either case, the public can comment on

the interim measures strategy in the draft permit as part of the permitting

process. 

When corrective action is proceeding under a 3008(h) order, the public

should have the opportunity to comment on specific interim measures or

general interim measure conditions when the order is issued, or otherwise

in a manner that is consistent with the opportunities available when

corrective action takes place under a permit.

Additional Activities

In recent years EPA has increasingly emphasized the importance of interim

measures and site stabilization in the corrective action program. In the

ANPR, EPA notes that an overriding goal in our management of the

corrective action program is to help reduce risks by emphasizing early use

of interim actions (while staying consistent with the environmental

objectives at the facility). If a facility owner/operator or the permitting

agency anticipates that an early interim action will be the only cleanup step

taken over a significant period of time, then the facility or the agency

should inform the public of such a plan and receive feedback, unless the

immediacy of the situation will not allow for feedback. The facility and the

agency should both announce a contact person to provide information and

respond to inquiries about the action. Agencies and facilities may find

Superfund guidance on removal actions useful in the RCRA context (see

Community Relations in Superfund: A Handbook, Chapter 5).
Chapter 4: Corrective Action and §3008(h) Orders Page 4-12

It is a good idea to keep the public informed of such activities by issuing

fact sheets or holding informal meetings. Because interim measures can

be conducted at any stage in the corrective action process, you should

incorporate activities related to interim measures into the rest of your

public involvement program.

Evaluation of

Remedial

Alternatives (CMS)

When the need for corrective measures is verified, the facility may be

required to perform a Corrective Measures Study (CMS) to identify and

evaluate potential remedial alternatives. In cases where EPA or a state is

using performance standards or a similar approach and in cases where the

preferred remedial alternative is obvious (e.g., where EPA has issued a

presumptive remedy that is appropriate to site-specific conditions),

submission of a formal CMS may not be necessary.

Required Activities 

When corrective action is proceeding under a permit, the permit schedule

of compliance may already include conditions that specify when a CMS is

warranted; the public can comment on these draft permit conditions at the

time of permit issuance. However, because the RFI and CMS phases may

last several years, depending on the complexity of the facility, the

community may be frustrated by the length of time involved and the lack of

information on results or findings. Significant changes to the scope of

CMS requirements, as specified in the permit, may be considered Class 3

permit modifications requiring significant public involvement. Changes to

the CMS schedule, or CMS details are typically considered class 1 or 2

permit modifications, as appropriate. 

Public participation during corrective action under a 3008(h) order should

be consistent with public participation under a permit. The public should

have the opportunity to review and comment on the scope of the CMS and

CMS conditions when the order is issued and/or when the CMS 

workplan is approved. 

Additional Activities 

In the 1996 ANPR, EPA emphasizes that it expects facility

owners/operators to recommend a preferred remedy as part of the CMS. 

While there is no formal requirement for public participation at this time,

EPA strongly encourages the facility to present its preferred remedy to the

community before formally submitting it to the agency. The facility should

seek community input through an informal meeting, availability session, 

or another method that encourages dialogue. This early input is likely to

improve many preferred remedies and make them more agreeable to

communities. Moreover, it will make the facility and the overseeing

agency aware of community concerns and ways to address them.
Chapter 4: Corrective Action and §3008(h) Orders Page 4-13

Holding workshops and informal public meetings about the CMS

process, the remedies being considered, and the activities being conducted

at the facility will keep the community involved and informed. Fact sheets

distributed at significant milestones during the CMS can keep the

community abreast of the progress that has been made.

The agency and the facility should provide the name and number of a

contact person. A contact person will accept comments and answer

questions from the community, disseminate information, demonstrate the

agency’s and facility’s willingness to talk with the community, and give the

facility or the agency an opportunity to respond to public concerns. The

agency or the facility may even consider establishing a hotline if a large

number of people call with questions. The mailing list and local

newspapers are good ways to advertise availability of the hotline.

Remedy Selection Following receipt of a recommendation of a preferred remedy from the

facility owner/operator, the overseeing agency will review the preferred

remedy and other remedial alternatives and decide to tentatively approve

the preferred remedy, tentatively select a different remedy or require

additional analysis of remedial alternatives. The tentatively selected

remedy will then undergo public review and comment, usually in the form

of a proposed modification to the facility’s permit or corrective action

order. Following public review, the agency will respond to public

comments and then modify the facility permit or corrective action order to

incorporate the remedy.

Required Activities 

When corrective action is proceeding under a permit, public review and

comment on the tentatively selected remedy is generally conducted using

the procedures of 40 CFR 270.41 for agency-initiated permit modifications.

For such a modification, 40 CFR 270.41 requires the same level of public

participation as is required for a draft permit. The agency must release the 

proposed modification for public review and issue a public notice

announcing that the proposed modification is available for review. The

agency must publish this notice in a major local newspaper, broadcast it

over local radio stations, and send it to all persons on the mailing list. 

In addition, agency staff must prepare a fact sheet or statement of basis to

explain the proposed modification and the significant factual and legal

reasons for proposing the remedy. The statement of basis describes the

proposed remedy, but does not select the final remedy for a facility. This

approach allows for consideration of additional information during the

public comment period. Following the comment period, public comment

and/or additional data may result in changes to the remedy or in another

choice of remedy. After the agency has considered all comments from the

public, the final decision -- selecting the remedy or determining the need to
Chapter 4: Corrective Action and §3008(h) Orders Page 4-14

develop another option -- is documented in the response to comments. (For

more information on statements of basis, refer to OSWER Directive

9902.6, RCRA Corrective Action Decision Documents: The Statement of

Basis and Response to Comments (April 29, 1991)).

A 45-day public comment period on the draft permit modification follows

publication of the public notice. The comment period provides the public

with an opportunity to comment, in writing, on conditions contained in the

draft permit modification. If information submitted during the initial

comment period appears to raise substantial new questions concerning the

draft permit modification, the agency must re-open or extend the comment

period.

The members of the public may request a public hearing on the draft

permit modification. If a hearing is requested, the agency must give a 30-

day advance notice to the community that states the time and place of the

hearing. The agency Director has the discretion to schedule a public

meeting or hearing even if the community does not request one. In some

cases, scheduling a public hearing before the public requests one may save

valuable time in the modification process and demonstrate a willingness to

meet with the community to hear its questions and concerns.

After the public comment period closes, the agency must review and

evaluate all written and oral comments and issue a final decision on the

permit modification. Then the agency must send a notice of decision to the

facility owner or operator and any persons who submitted public comments

or requested notice of the final decision and prepare a written response to

comments. This document must include a summary of all significant

comments received during the public comment period and an explanation

of how they were addressed in the final permit modification or why they

were rejected. The response to comments must be made available through

the Administrative Record and the information repository, if one was

established, and must be sent to the facility and all persons who submitted

comments or requested a copy of your response.

When corrective action is proceeding under a 3008(h) order, the Agency’s

longstanding policy is that the public’s opportunity to review and comment

on tentatively-selected remedies should be commensurate with the

opportunity that would be available if the corrective action were conducted

under a permit. At a minimum, this opportunity should include: publishing

a notice and a brief analysis of the tentatively-selected remedy (this is

typically referred to as a statement of basis) and making supporting

information available; providing a reasonable opportunity for submission of

written comments; holding a public hearing or public meeting, if requested

by the public or determined necessary by the overseeing agency; preparing

and publishing responses to comments; and, publishing the final remedy

decision and making supporting information available. Additional guidance

is available in OSWER Directives 9901.3, Guidance for Public
Chapter 4: Corrective Action and §3008(h) Orders Page 4-15

Involvement in RCRA Section 3008(h) Actions (May 5, 1987) and 9902.6

RCRA Corrective Action Decision Documents: The Statement of Basis and

response to Comments (April 29, 1991).

Additional Activities 

The agency, public interest groups, or the facility should consider holding

workshops or informal meetings during the public comment period to

inform the public about the proposed remedy. These discussion sessions

can be especially useful when information about corrective measures in a

draft permit modification is quite technical or the level of community

concern is high.

Remedy

Implementation

(CMI)

Once the overseeing agency modifies the permit or corrective action order 

to include the selected remedy, the facility must begin to implement the

remedy. Remedy implementation typically involves detailed remedy

design, remedy construction, and remedy operation and maintenance; it is

called Corrective Measures Implementation or CMI. Corrective measures

implementation is generally conducted in accordance with a CMI plan,

approved by the overseeing agency.

Required Activities 

When corrective action is proceeding under a permit, the public will have

an opportunity to comment on CMI conditions and schedules during the

permit modification for remedy selection or when the permit is modified to

incorporate the CMI plan. Significant changes to the scope of CMI may be

considered Class 3 permit modifications. Changes to the CMI schedule are

typically considered either Class 1 or Class 2 permit modifications, as

appropriate. 

When corrective action is proceeding under a 3008(h) order, the public’s

opportunity to comment on CMI conditions and schedules should be

consistent with the opportunities that would be available if corrective action

were taking place under a permit.

Additional Activities 

Remedy implementation will often involve highly visible activities, such as

construction of new on-site treatment and containment systems, and staging

and transportation of large volumes of materials. These activities may

result in increased levels of public interest, which may already be high due

to the public’s participation in remedy selection.

EPA recommends that the facility notify all individuals on the facility

mailing list when the construction plans and specifications are available for

public review. If the facility has established an information repository,
Chapter 4: Corrective Action and §3008(h) Orders Page 4-16

then the plans should go in the repository; otherwise, the facility should

place the plans in a convenient location with public access.

As mentioned earlier, the corrective action process can take years to

complete. Additional public participation activities may be appropriate

during corrective measures implementation to inform the community of the

progress of the remedial action, especially if the public shows concern over

the pace and scope of the cleanup operations. In particular, it may be

useful to release periodic fact sheets to the community that report on

progress of the cleanup operations. It may also be helpful to hold an

availability session/open house near or on the site of the facility to

demonstrate or explain the activities involved in the remedy.

Completion of

Remedy

Once corrective measures are complete the overseeing agency will either

terminate the corrective action order or modify the permit to remove the

corrective action schedule of compliance. Decisions regarding completion

of corrective measures can be made for an entire facility, for a portion of a

facility, or for a specified unit or release. EPA policy is for the public to be

given an opportunity to review and comment on all proposals to complete

corrective action.

Required Activities 

When corrective action is proceeding under a permit, proposals to complete

corrective measures should follow the procedures for Class 3 permit

modifications. See the section on Class 3 modifications in Chapter 3 for

details.

When corrective action is proceeding under a 3008(h) order and a proposal

to complete corrective measures is issued, the public should have notice

and comment opportunities that are consistent with the opportunities

available under the Class 3 permit modification procedures.

Additional Activities 

In some cases, hazardous wastes or hazardous constituents will remain in or

on the land after completion of corrective measures. When this occurs, the

overseeing agency may require the facility to record a notation in the deed

to the facility property regarding the types, concentrations, and locations of

such waste or constituents.
Chapter 4: Corrective Action and §3008(h) Orders Page 4-17

Chapter Summary

At the federal level, corrective actions may take place under a RCRA permit or as an enforcement order under §3008 of RCRA. 

In authorized states, corrective action may take place under a state-issued RCRA permit, a state cleanup order, a state voluntary

cleanup program, or another state cleanup authority. Authorized states may use a variety or combination of state authorities to

compel or oversee corrective actions.

 EPA’s recent Advance Notice of Proposed Rulemaking (ANPR) (61 FR 19432, May 1, 1996) for the corrective action program

does three things: (1) it presents EPA’s strategy for writing final corrective action regulations; (2) it includes a description of the

current corrective action program and requests information to help EPA identify and implement improvements to the program;

and (3) it emphasizes areas of flexibility in the current program and describes program improvements already underway.

The ANPR also affirmed EPA’s use of the 1990 proposal as guidance and emphasized the Agency’s commitment to enhanced

public participation.

As a matter of EPA policy, the type and timing of public participation activities for §3008(h) orders are generally the same as

those for corrective action in permitting. 

There are three important distinctions between conducting public participation in corrective action under a §3008(h) order and

through permitting: 

1. Under a §3008(h) order, there may be limitations on the release or discussion of certain information; 

2. No public participation activities are required under §3008(h) but they are strongly encouraged in guidance. In addition,

the agency may require the facility to conduct additional activities as a term in the order; and 

3. Facilities may agree to conduct public participation activities under a consent order, however, under a unilateral order, the

responsibility will likely fall to the agency.

While being flexible, the corrective actions should provide for early public participation, seek consistency with Superfund

community involvement standards, and allow facility owner/operators to perform public participation activities where appropriate.

The corrective action process is composed of seven basic elements which are not prescribed steps, but evaluations that are

necessary to make good cleanup decisions. Because these elements may not occur in the same order (or at all) in every situation,

we encourage planners to use them as general guidelines, while leaving flexibility for changes. A successful corrective action

program must be procedurally flexible

The basic elements (with corresponding public participation activities that are currently required or suggested):

1. Initial Site Assessment (RCRA Facility Assessment)

- Schedule of compliance will go into permit, where public can comment

- For enforcement orders, the agency will release administrative record and make it available for public review. The

agency may provide a fact sheet and hold an open house or workshop. 

2. Site Characterization (RCRA Facility Investigation)

- Update mailing list, if necessary

- Establish information repository, if required

- Revise public participation plan

- Modify permit, if necessary, to reflect changes to schedule of compliance

- Under an order, provide notice and comment on the planned RFI

- Develop fact sheets on the investigations

- Mail summary of RFI Report to facility mailing list and make available to the public

- Hold informal meetings or workshops

- Issue notifications for discovery of contamination
Chapter 4: Corrective Action and §3008(h) Orders Page 4-18

3. Interim Actions -- May occur at any time during the process

- Provide for public input and feedback , as appropriate given time constraints, and announce a contact person

- Use fact sheets and informal meetings, if appropriate

4. Evaluation of Remedial Alternatives (Corrective Measures Study)

- Hold informal meetings or workshops when facility presents preferred remedy

- Identify a contact person

- Develop fact sheets on the study

- Establish a hotline

5. Remedy Selection

- Agency-initiated permit modifications follow 40 CFR 124 procedures, including public notice, public comment

period, and a hearing (if requested)

- For corrective action under an order, the agency should: publish a notice and a statement of basis; take public

comment; holding a public hearing or public meeting, if requested by the public or determined necessary by the

overseeing agency; prepare and publish responses to comments; and, publish the final remedy decision while making

supporting information available.

- Hold workshop on proposed remedy

- Once final remedy is selected, send out notice of decision 

- Issue response to comments

- Hold informal meetings or workshops on the final remedy

6. Corrective Measures Implementation

- Notify public when plans and specifications are available for review

- Develop fact sheets on remedy implementation

- Coordinate availability session/open house

7. Completion of Remedy

- Agency may remove schedule of compliance from the permit or terminate the order by following the Class 3

modifications procedures for a permit or a similar process for an order.
Chapter 5: Public Involvement Activities Page 5-1

Chapter 5

Public Participation Activities:

How to Do Them

Introduction This chapter presents a "how-to" for a broad range of activities that

permititng agencies, public interest groups, and facility owners/operators

can use to promote public participation. The variety of activities in this

chapter should fit any situation: from the formal regulatory process that

EPA follows, to community-based discussions of RCRA issues, to events

held by the facility owner or operator. 

Some of the activities in this chapter (for instance, public hearings) will be

more appropriately led by a permitting agency; however, all stakeholders

can learn more about the different kinds of activities by reviewing this

chapter. Moreover, EPA would like to emphasize that this list is not

exhaustive. You should consult with other stakeholders to determine if

these or any other public participation activities will best suit your

particular situation. Several of the appendices provide contact lists for

various stakeholder groups.

As we emphasized in the preceding chapters, public participation is a

dialogue. It involves both getting information out to other stakeholders and

getting feedback in the form of ideas, issues, and concerns. We have

divided this chapter’s activities to reflect the dual role of public

participation. The first group of activities involves techniques that

disseminate information. The second group involves techniques that are

useful for gathering and exchanging information. Note that some of these

activities, such as informal meetings, are useful both for disseminating and

collecting information. On the other hand, some activities, such as public

notices, provide one-way communication. EPA encourages stakeholders to

combine public participation techniques so that they provide two-way

communication. For instance, if an agency issues a public notice, it should

create a feedback loop by including the name and number of a contact

person in the notice. Similarly, a facility or a public interest group could

provide for feedback in an information repository by asking users to

complete surveys or by assigning a staff person to answer questions at the

repository.
Chapter 5: Public Involvement Activities Page 5-2

The following pages contain summaries of numerous public participation

activities, information on how and when to conduct them, an estimate of

how much effort they require, and their advantages and limitations. Each

summary includes a checklist to help in conducting the activity. Examples

of public notices and fact sheets are also included.

Use this directory to locate specific activities:

Public Participation Plans ......................................... 5-4

L Disseminating Information

Public Notices .................................................. 5-8

Newspaper Advertisements ................................... 5-9

Newspaper Inserts .......................................... 5-9

Free Publications and Existing Newsletters ....................... 5-9

Public Service Announcements ............................... 5-10

Broadcast Announcements and Advertisements ................... 5-10

Signs and Bulletin Boards ................................... 5-10

Telephone Networks or Phone Trees ........................... 5-11

Translations .................................................. 5-16

Mailing Lists .................................................. 5-19

Notices of Decision ............................................. 5-24

Introductory Notices ............................................ 5-26

Fact Sheets/Statements of Basis ................................... 5-29

Project Newsletters and Reports ................................... 5-34

Response to Comments .......................................... 5-37

Information Repositories ......................................... 5-40

Exhibits ...................................................... 5-47

Briefings ..................................................... 5-50

Presentations .................................................. 5-53

Facility Tours ................................................. 5-56

Observation Decks ............................................. 5-59

News Releases and Press Kits ..................................... 5-62

News Conferences ............................................. 5-67

L Gathering and Exchanging Information

Community Interviews .......................................... 5-70

Focus Groups ................................................. 5-77

Door-to-Door Canvassing ........................................ 5-80

Public Comment Periods ......................................... 5-84

Unsolicited Information and Office Visits ............................ 5-87

Surveys and Telephone Polls ..................................... 5-90

Contact Persons ............................................... 5-94

Telephone Contacts ............................................. 5-97

Telephone Hotlines ............................................ 5-100

On-Scene Information Offices ................................... 5-103

Question and Answer Sessions ................................... 5-106

Information Tables ............................................ 5-109

Informal Meetings with Other Stakeholders ......................... 5-112

Public Meetings .............................................. 5-117

Public Hearings ............................................... 5-123

Availability Sessions/Open Houses ................................ 5-130
Chapter 5: Public Involvement Activities Page 5-3

Workshops .................................................. 5-134

Attending Other Stakeholder Meetings and Functions.................. 5-139

Citizen Advisory Groups ........................................ 5-141
Chapter 5: Public Involvement Activities Page 5-4

Public Participation

Plans

Regulatory

Requirements

None.

Description of Activity A public participation plan provides a community-specific plan for

interacting with a community regarding the permitting or corrective action

activities taking place at a RCRA facility. The plan, typically prepared by

the permitting agency, assesses the level of community interest as well as

the types of concerns identified through a variety of sources (e.g.,

community interviews) and, based on this information, recommends

specific activities for involving the community in the RCRA process. See

the section on “Planning for Participation” in Chapter 2 and the detailed

sample plan in Appendix I for more information. Chapter 3 of Community

Relations in Superfund also provides useful guidance.

The level of detail in the plan will vary according to the probable level of

public interest, the type of permitting activity, the location of the facility,

and other applicable factors. The steps described in this section are not all

necessary in every plan. Depending on the situation, the public

participation plan may vary from a two-page schedule of activities to a

comprehensive study of the population, an itinerary of permitting activities,

and an analysis of community concerns. 

Level of Effort A Public Participation Plan may take several days to two weeks to

complete. Revision of a plan could take a few days to a week. The range

of effort depends on the priority of the site and the complexity of the

activities performed at that site.

How to Conduct the

Activity

A Public Participation Plan should be based on information collected during

community interviews (if conducted) and information obtained from other

sources, such file searches, reviews of past media coverage, and

community assessments done by third parties (see the section entitled

“Planning for Participation” in Chapter 2). This information is analyzed

and organized into a community-specific plan. Typical sections of a public

participation plan are:

C Introduction -- several paragraphs clearly explaining the purpose of

the document.

C Facility History -- several paragraphs to several pages providing an

overview of the facility, its technical and regulatory history, and a

history of past community concerns and involvement in activities at
Chapter 5: Public Involvement Activities Page 5-5

the facility. Short cut: attach the facility fact sheet if one already

exists.

C Community Concerns -- several paragraphs to several pages

summarizing the concerns identified during the community

interviews.

C Objectives of the Plan -- several paragraphs to several pages,

depending on the objectives, providing a narrative of the major

objectives of the plan. Objectives typically relate to the specific

concerns outlined in the previous section.

C Public Participation Activities -- several paragraphs to several pages,

depending on the plan, describing the specific activities that will be

conducted to meet the objectives outlined in the previous section (e.g.,

meetings, fact sheets, briefings for local officials, etc.) and a schedule

for conducting these activities.

C Appendices -- Appendices can be included to provide the mailing list,

media contacts, and public meeting and information repository

locations.

The activities in a public participation plan should be tailored to address

community concerns and needs. The plan should include the kinds of

activities that are discussed in this manual.

The plan should be presented in a public document that serves to

demonstrate to the community that the agency (and public interest groups

and the facility owner, if involved) listened to specific community concerns

and developed a specific program around those concerns. EPA encourages

permitting agencies to seek input from other stakeholders during

development of the plan. The facility owner and public interest groups can

provide information about their planned activities and the community

representatives can suggest the types of activities, information channels,

and logistics that will work best in the area.

Revisions of all or parts of the public participation plan for a facility may

be done in order to incorporate new information, reflect changes in

community concern, and adjust public participation activities to meet these

changes. A revision ensures that the plan remains sensitive to citizens'

concerns through the final phases of a permit determination or a corrective

action. It can also evaluate which public participation activities were

effective and which were not.

When to Use Public participation plans may be prepared:

C At the beginning of the RCRA process (e.g., for facilities seeking a

permit or facilities beginning corrective action) to schedule activities
Chapter 5: Public Involvement Activities Page 5-6

and assign responsibilities;

C After community interviews (if conducted).

Public participation plans should be revised:

C When a significant change in community concerns or activities at the

facility occurs (e.g., after a remedy is selected or the facility proposes

a significant permit modification); and

C At least every two years for longer-term projects.

Accompanying

Activities

Although they are not necessary in every case, community interviews can

be very helpful when writing a plan. The plan typically includes the

mailing list and provides the locations of the information repositories and

public hearings.

Advantages and

Limitations

Public participation plans establish a record of community concerns and

needs and a set of activities to meet those needs. Because the plans are

community-specific, they ensure that the community gets the information

they need in a fashion that is most useful and they assist the project staff in

making the most efficient use of their time when interacting with the

public.

The plan represents the agency's commitment to dedicate significant

resources to the activities specified; thus, agency staff should make certain

that resources are available to implement all activities identified in the plan. 

The plan should not schedule activities that the agency will not be able to

conduct. 

Community concerns can change significantly and may require that the

public participation plan be revised periodically. The plans should be seen

as "evolving" documents. The agency may need to revise the plan often,

conducting new community interviews each time. At the least, the agency

should be prepared to revise activities or expand activities as the project

proceeds.

Revising the plan will help to ensure that the agency continues to respond to

citizens' concerns during long-term projects. Minor changes also can help a

public participation planner; for example, the contacts list can incorporate

changes in addresses, new telephone numbers, and the names of new

officials.
Chapter 5: Public Involvement Activities Page 5-7

Checklist for Public Participation Plans

As applicable:

 Review facility background file and other information sources

 Review comments gathered during the community interviews

 Coordinate with other key stakeholders to discuss the plan

 Write draft plan

 Introduction -- explains the purpose of the document

 Project History -- provides an overview of the project, its technical and regulatory history,

and a history of past community concerns and involvement in the project (if available)

 Community Concerns -- summary of the concerns identified during the community

interviews

 Objectives of the Plan -- explains the major objectives relating to specific concerns

outlined in the previous section of the document

 Public Participation Activities -- describes the specific activities to be conducted to meet

the objectives of the plan and schedule

 Appendices -- provide information on key contacts, media, public meeting and information

repository locations.

 Coordinate internal review of plan

 Solicit community input on the plan

 Prepare final plan based on comments

 Distribute plan to information repositories if they exist, or make the plan available to the public

in a convenient place
Chapter 5: Public Involvement Activities Page 5-8

Public Notices

Regulatory

Requirements

The permitting agency must give official public notice when issuing the

draft permit (§ 124.10(c)), holding a public hearing under § 124.12, or

when an appeal is granted under § 124.19. This notice must be sent by the

agency to all relevant units of federal and local government, the applicant,

and all parties on the facility mailing list. In addition, the notice must be

broadcast over local radio stations and published in a daily or weekly major

local newspaper of general circulation.

A prospective permit applicant must issue a similar, but broader, public

notice to announce the pre-application meeting (§ 124.31). This notice

must be published as a display advertisement in a paper of general

circulation and must be sent to the permitting agency and appropriate units

of local government. The applicant must also post the notice as a sign at or

near the facility, and as a broadcast media announcement. The notice must

include the name, address, and telephone number of a contact person for

the applicant. 

The facility owner/operator must provide public notice for permit

modfications (including modifications to incorporate corrective action

provisions) under § 270.42. For a class 1 modification, the facility must

notify the facility mailing list. For a class 2 modification, the facility must

notify the mailing list and publish a newspaper notice when requesting the

modification. The permitting agency must notify the mailing list within 10

days of granting or denying a modification request. For a class 3

modification, the facility must publish a newspaper notice and notify the

mailing list when requesting a modfication. The permitting agency must

follow the procedures for modifications in part 124 when granting or

denying the class 3 permit modification. The permitting agency will also

notify people on the mailing list and State and local government within 10

days of any decision to grant or deny a Class 2 or 3 modification request. 

The Director also must notify such people within 10 days of an automatic

Class 2 modification goes into effect under § 270.42(b)(6)(iii) or (v). 

If the permitting agency initiates the permit modification, under § 270.41,

then the agency must follow the notice requirements for a draft permit in §

124.10(c) (see above in this section). Agency-initiated modifications may

include modifications during the corrective action process.

If the permitting agency requires a facility to establish an information

repository under § 124.33 or § 270.30(m), the agency Director will specify

notice requirements. At the least, the facility will provide written notice to

the people on the mailing list. 

Permitting agencies must also provide provide public notice during the trial

burn stage at permitted and interim status combustion facilities (§ 270.62(b)
Chapter 5: Public Involvement Activities Page 5-9

and (d); 270.66(d)(3) and (g)) and when an interim status facility undergoes

closure or post-closure (see §§ 265.112(d)(4) and 265.118(f)). 

Description of Activity 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. 

Most RCRA notices contain essentially the same types of information. 

Where they differ is in how they are distributed by the agency or the

facility. Some go to members of the mailing list, some as legal

advertisements in the newspaper, and some others as signs or radio

advertisements. In all cases, EPA encourages facilities and permitting

agencies to make a good faith effort to reach all segments of the affected

community with these notices. As we mention earlier in this manual, any

organization that wants to provide public notice has a number of

inexpensive and simple options available to it, including: free circulars;

existing newsletters or organzation bulletins; flyers; bulletin boards; or

storefront signs.

There are many effective ways to spread information. However, the job of

anyone giving notice is to find out what information pathways will be most

effective in a particular community. Public interest groups, the facility, and

the permitting agency should seek community input on this topic. The

citizens of that community are the most qualified people to explain what

methods will work best in their community. Community interviews are

one way to learn more about how the citizens communicate.

The following are the most common ways to give public notice:

C Newspaper Advertisements. Traditionally, public notices have often

appeared as legal advertisements in the classified section of a

newspaper. While this method provides a standard location for the

ads, display advertisements (located along with other commercial

advertisements) are more likely to reach a larger audience. Display

advertisements offer an advantage over legal classified ads since they

are larger, easier to read, and are more likely to be seen by the casual

reader. A sample is available in Appendix H of this manual.

C Newspaper Inserts. Inserts stand out from other newspaper

advertisements since they come as a “loose” section of the newspaper

(a format often used for glossy advertisements or other solicitations). 

They provide a way to reach beyond the most-involved citizens to

inform a broader segment of the community. 

C Free Publications and Existing Newsletters. Placing a notice in a

newsletter distributed by a local government, a civic or community

organization, or in a free publication (e.g., a paper that highlights

local or community activities) is a generally inexpensive way to target

a specific audience or segment of the community. Some publications

may not be appropriate for communicating information from your
Chapter 5: Public Involvement Activities Page 5-10

organization. By publishing information through a group that has a

specific political interest or bias, your organization may be perceived

as endorsing these views. Permitting agencies may want to avoid

associations with groups that appear to represent the agency's

interests. In any case, the relationship between your organization and

the newsletter or publication should be clear to the public. 

You may want to consider some of the following options. Local

governments sometimes send newsletters or bulletins to their entire

population; such newsletters can reach an entire affected community. 

Planning commissions, zoning boards, or utilities often distribute

regular newsletters; they may be willing to include information about

permitting activities. Newsletters distributed by civic, trade,

agricultural, religious, or community organizations can also

disseminate information to interested readers at low cost. Some

segments of the affected community may rely on a free local flyer,

magazine, independent or commercial newspaper to share

information.

C Public Service Announcements. Radio and television stations often

broadcast, without charge, a certain number of 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 a public service announcement is that you have no

guarantee that it will go on the air. If it does go on the air, it may

come at odd hours when relatively few people are listening.

C Broadcast Announcements and Advertisements. A number of RCRA

notices must be broadcast over radio or another medium. Beyond

these requirements (which are further explained below and in the

section on “Notice of the Pre-Application Meeting” in Chapter 3), you

may consider providing notice via a paid TV advertisement or over a

local cable TV station. Paid advertisements can be expensive and

may be seen by the public as taking a side. You can avoid this

drawback by limiting information to the facts (e.g., time, date,

location of the meeting). Some local access cable TV stations run a

text-based community bulletin board, which may provide a useful

way to distribute information. 

C Signs and Bulletin Boards. The notice requirements for the preapplication meeting (§ 124.31) require posting of a visible and

accessible sign. Signs can be a useful means of public notice,

especially for residents and neighbors of the facility or planned

facility. A sign on the site should be large enough so that passers-by,

whether by foot or by vehicle, can read it. If few people are likely to

pass by the site, consider posting the sign at the nearest major

intersection. Another option is to place posters or bulletins on

community bulletin boards (in community centers, town halls,

grocery stores, on heavily-travelled streets) where people are likely to

see them. The signs should contain the same information as a written

or broadcast notice.
Chapter 5: Public Involvement Activities Page 5-11

C 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. Phone trees are a good way to provide back up plans or

reminders while reducing the number of calls made by individual staff

members. As an alternative to calling the first tier, the lead agency,

facility, or organization may want to distribute a short written notice. 

Level of Effort Preparing a public notice and arranging for its publication takes a day or

two, depending on the need for review. Producing a television or radio ad,

or building a sign will take longer, depending on the situation.

How to Conduct the

Activity

To prepare a public notice:

1. Identify the major media contacts. While there may be many daily

newspapers serving a particular area, use only one or two for the

public notice. In general, use the newspaper with the widest

circulation and greatest visibility in order to reach the most people

and elicit the greatest response. In some cases, you may want to

choose specific newspapers to reach target audiences; find out what

papers the affected community reads and place your notices there. 

Use a similar strategy for notices in the broadcast media. If you are

giving notice via more than one media, you have more flexibility for

reaching specific audiences. See the section on “Notice of the PreApplication Meeting” in Chapter 3 for more information.

2. Take into account publication schedules. Many local or

community newspapers are published on a weekly or bi-weekly basis. 

This may make it difficult to coordinate the publication of the notice

with the event. In such a case, consider using a city-wide newspaper

that is published more frequently. If the city-wide paper is not likely

to reach all segments of the affected community, you should make

efforts to supplement the newspaper notice with other means of notice

(e.g., signs or broadcast media). 

3. Include the following information in the public notice:

C Name and address of the facility owner/operator;

C A brief description of the business conducted at the facility and

the activity that is the subject of the notice;

C Name, address and telephone number of an individual who can

be contacted for further information on the activity;

C A brief description of the comment procedures and the date,

time, and place of any hearing;
Chapter 5: Public Involvement Activities Page 5-12

C If the permit is issued by EPA, the location of the administrative

record and the times when it is open for public inspection; and

C Any additional information considered appropriate.

Also, try to format the notice so that it is eye-catching. A logo can

help.

4. Announce dates, times, and locations clearly in the public notice.

When announcing an event such as a hearing, make sure that the date

and time do not conflict with other public meetings, religious or nonreligious holidays, or other important community events.

5. Provide ample notice. For RCRA permits, the public notice must

allow at least 45 days for public comment. Public notice of a public

hearing must be given at least 30 days prior to the hearing. Be sure to

state the opening and closing dates for comment periods.

6. If possible, review a typeset version of the notice before it is

published to ensure accuracy.

7. Keep proof of the notice for your files. Newspapers often can

provide “tear sheets” as a record of the notice. Similar proofs are

available from radio or television stations. You should consider

keeping photgraphs of posted signs.

When to Use The “Regulatory Requirements” section above reviews the mandatory

public notices. In addition, agency personnel can use informal public

notices to announce other major milestones or events in the permit review

or corrective action process. Permitting agencies may also want to use

public notices when they are establishing mailing lists. The facility must

issue notices when it requests a permit modification, holds a pre-application

meeting, or establishes an information repository.

Public notices can be useful for any organization involved in the RCRA

permitting process. Whenever a public interest organization is planning an

activity, or would like to supplement notices given by the facility or the

agency, you may want to consider using one of the public notice methods in

this manual. Notices can also help build your mailing lists.

Accompanying

Activities

Public notices are used to announce public comment periods and public

hearings. They can also be used to announce other meetings and

milestones, opportunities to join the mailing list, as well as the availability

of an information repository, fact sheets, or other permitting information.

Advantages and

Limitations

Public notices are an efficient, simple means of alerting the public to

important events. However, public notices should never substitute for other

activities that involve direct communication with the public.
Chapter 5: Public Involvement Activities Page 5-13

Public notices can be more effective, and provide more of a feedback loop,

when they are combined with a means of gathering information from the

public. Every notice should contain a contact person so that the public can

direct comments or questions to the agency, the facility, or other

stakeholder groups. 

See “Description of Activity” above in this section for advantages and

limitations of specific notice methods.
Chapter 5: Public Involvement Activities Page 5-14

Checklist for Public Notices

 Compile information to be included in the public notice:

 Name of agency overseeing the permit or corrective action

 Name, address, and phone number of contact person

 Facility owner/operator and description of facility activities

 Purpose of public notice

 If applicable provide the date, time, and location of public hearing (or meeting)

 Description of the procedures governing the public's participation in the process

 Draft the public notice, announcement, or advertisement

 Coordinate review of the draft public notice

 Prepare final public notice

 Receive final approval of public notice

 Coordinate placement of the public notice in the local newspaper(s), coordinate distribution of the

public notice to the facility mailing list, submission to radio/television stations or other

publications (as applicable)

For publication in local newspaper(s):

Name of Newspaper Publication Days Advertising Deadline

 Prepare procurement request or advertising voucher for public notice publication

 Obtain price quotes (i.e., cost per column inch)

 Determine size of public notice 

 Determine deadlines for publication of the public notice

 Submit for publication

 Request proof of publication; file proof in facility file
Chapter 5: Public Involvement Activities Page 5-15

Checklist for Public Notices (continued)

For distribution to the mailing list:

 Verify that facility mailing list is up-to-date

 Produce mailing labels

 Distribute to the mailing list

For broadcast on local radio/television stations:

___ Verify media list

___ Prepare procurement request or advertising voucher for public notice spots

___ Obtain price quotes

___ Distribute to stations

___ Request proof of airing and file in facility file
Chapter 5: Public Involvement Activities Page 5-16

Translations

Regulatory

Requirements

None. EPA strongly recommends using multilingual fact sheets, notices,

and other information (as appropriate) to provide equal access to

information in the permitting process.

Description of Activity Translations provide written or oral information in a foreign language to a

community with a significant number of residents who do not speak

English as a first language. There are two types of translations:

C A written translation of materials originally written in English;

C A simultaneous verbal translation (i.e., word by word) of a

public meeting or news conference, usually with small headsets

and a radio transmitter.

Translations ensure that all community members are informed about

activities at a facility and have the opportunity to participate in the

decision-making process.

Level of Effort The amount of time needed to translate a document depends on the length

of the document and the complexity of the information in the document. 

You should allow at least several days for translation.

How to Conduct the

Activity

To develop a successful translation:

1. Evaluate the need for a translation. Evaluate the demographic

characteristics of the community as well as the type of public

participation activities being planned. Consider whether citizens'

ability to take part in an activity is limited by their inability to speak

or understand English.

2. Identify and evaluate translation services . A successful translation

depends on the skill of the translator. More problems may be created

than solved if inaccurate or imprecise information is given. Many

translators will not be familiar with the technical terms associated

with hazardous materials and few, if any, will be familiar with the

RCRA permitting and corrective action processes. This problem may

be further compounded in the case of oral translations (especially

simultaneous translations) as there is no time for review or quality

control. Thus, it is necessary to contract someone with experience in

translating technical information and check the translator's work to

ensure that the content and tone are in keeping with the intent. You

also need to ensure that the translator uses the same dialect as those in

your intended audience.
Chapter 5: Public Involvement Activities Page 5-17

3. Avoid the use of jargon or highly technical terms . As a matter of

standard practice, a staff member should go over in advance all

technical and RCRA terms that may cause problems with the

translator.

4. For verbal presentations, public meetings, and news conferences,

plan what to say ahead of time. If the translator has a prepared

written speech to work with in advance, there is more time to work

out any vocabulary "bugs" and thereby reduce the chances of faltering

over unfamiliar material or making inaccurate word choices. If

possible, practice with the translator before the actual meeting or

presentation date.

5. Anticipate questions from the audience and reporters , and have at

least the technical aspects (e.g., chemical names, statistics) of the

answers translated in advance.

When to Use A translation can be used:

C When a signficant portion of the community does not speak

English as a first language. A written translation should be

provided for fact sheets or letters, unless a presentation or public

meeting would be more appropriate (e.g., the literacy rate

among the foreign-speaking community is low).

C Verbal translations are recommended where there is

considerable concern over the facility, extreme hostility, or

suspicion of the agency's efforts to communicate with

community members.

Accompanying

Activities

The need for translations is often determined during the community

assessment and community interviews. Translations are generally used

for fact sheets, public notices, presentations, public meetings, public

hearings, and news conferences.

Advantages and

Limitations

Written translations and use of translators ensure that a greater number of

community members can participate effectively in the process and,

therefore, provide input to decisions concerning the RCRA-regulated

process. This effort assures the community of your organization’s sincerity

in providing opportunity for public participation.

Translations are very costly, especially simultaneous translations of public

meetings. Sentence-by-sentence oral translations frequently double the

length of public meetings, and may make information more difficult to

present effectively and smoothly. In addition, very few translators are

familiar with the RCRA permitting and corrective action processes. For

facilities having highly volatile or sensitive problems, it may be difficult to

communicate your organization’s position and involve community
Chapter 5: Public Involvement Activities Page 5-18

members in a constructive dialogue.

Checklist for Translations

 Determine need for translations

 Identify translation service or identify staff to provide translating services

 Fact sheet translations

 Provide English text (including text for graphics, headlines, fact sheet flag)

 Meeting translations

 Determine if translation will be simultaneous or if translations will occur following

statements.

 If simultaneous, provide audio equipment for translator/participants

 Prepare list of technical and RCRA terms that will need to be translated

 Prepare, in advance with the translator, presentations, responses to questions
Chapter 5: Public Involvement Activities Page 5-19

Mailing Lists

Regulatory

Requirements

The permitting agency must establish and maintain the facility mailing list

in accordance with § 124.10(c)(1)(ix). The agency must develop the list

by: (a) including people who request in writing to be on the list; (b)

soliciting persons for “area lists” from participants in past permit

proceedings in that area; and (c) 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 Regional- and State-funded newsletters,

environmental bulletins, or State law journals.

Description of Activity Mailing lists are both important databases and essential communication

tools. Mailing lists ensure that concerned community members receive

relevant information. They allow messages to reach broad or 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.

It is recommended that you develop an internal distribution list at the same

time you prepare your external mailing list. The distribution list for

permitting agencies should include all technical project staff, public

involvement staff, legal staff, and staff from other affected programs (Air,

Water, etc.), as appropriate. This list will help ensure that all relevant

project staff receive the same information about all phases of the project. 

Facilities and community organizations should follow similar procedures to

keep their staffs and members informed.

Level of Effort A mailing list can be developed in conjunction with other public

participation activities. Depending on the size of the list, inputting

information into a data base can take several days. Updating will require

approximately half a day per quarter.

How to Conduct the

Activity

To develop and update a mailing list, consider the following:

1. Solicit names, addresses, and phone numbers of individuals to be

included on the list. This should include individuals who put their

names and addresses on the sign-in sheet at the pre-application

meeting, if applicable. Telephone numbers are useful to have so that

you can contact these individuals for community interviews and to aid

you when you update your list.

Individuals to include in your mailing list:
Chapter 5: Public Involvement Activities Page 5-20

C The people interviewed during community interviews, as well as

other names these people recommend;

C All nearby residents and owners of land adjacent to the facility;

C Representatives of organizations with a potential interest in an

agency program or action (e.g., outdoor recreation

organizations, commerce and business groups,

professional/trade associations, environmental and community

organizations, environmental justice 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);

C Any individual who attends a public meeting, workshop, or

informal meeting related to the facility, or who contacts the

agency regarding the facility;

C Media representatives;

C City and county officials;

C State and Federal agencies with jurisdiction over wildlife

resources;

C Key agency officials; and

C The facility owner/operator. 

2. Review background files to ensure all interested individuals are

included on the mailing list. 

3. Input information into a computer system so that it can be

categorized and sorted and printed on mailing labels.

4. Send a letter or fact sheet to the preliminary mailing list

developed using 1) and 2) above. Inform key Federal, State, and

local officials, citizens, and other potentially interested parties of your

activities and the status of upcoming permit applications or corrective

actions. Ask whether they wish to receive information about this

facility. Ask them for accurate addresses and phone numbers of other

people who might be interested in the project. 

5. Update your mailing list at least annually to ensure its correctness. 

Mailing lists can be updated by telephoning each individual on the

list, and by using local telephone and city directories as references. 

The permitting agency can update the official mailing list from time

to time by requesting written indication of continued interest from

those listed. The agency can then delete any people who do not
Chapter 5: Public Involvement Activities Page 5-21

respond (see § 124.10(c)(1)(ix)(C)).

See the section on “The Facility Mailing List” in Chapter 3 for more

information.

When to Use A mailing list is a required public participation activity for permitting. 

Additional people may want to join the list if corrective action will take

place at a facility. Public interest groups or other involved organizations

often have mailing lists.

C Develop a mailing list as soon as possible during the permit

application phase, or as soon as the need for a RCRA Facility

Investigation is identified. 

C Update the mailing list regularly.

Develop a distribution at the same time you develop a mailing list.

Accompanying

Activities

Mailing lists are useful in identifying individuals to contact for community

interviews. They are also needed to distribute fact sheets and other

materials on the facility. Public notices and sign-up sheets at public

meetings or information repositories can help you build mailing lists.

Advantages and

Limitations

Mailing lists provide the names of individuals and groups interested in

activities at RCRA facilities. However, lists can be expensive and timeconsuming to develop, and they require constant maintenance.
Chapter 5: Public Involvement Activities Page 5-22

Checklist for Mailing Lists

Mailing List Development:

 Verify the list format (i.e., name, title, company, address, phone number)

 Consider issuing a public notice to solicit names for the mailing list

 Identify people to be included on the list:

 People who signed the attendance sheet at the pre-application meeting (if applicable)

 City elected officials (mayor and council)

 City staff and appointees (city manager, planning director, committees)

 County elected officials (supervisors)

 County staff and appointees (administrator, planning director, health director, committees)

 State elected officials (senators, representatives, governor)

 State officials (health and environment officials)

 Federal elected officials (U.S. Senators, U.S. Representatives)

 Federal agency officials (EPA)

 Residents living adjacent to facility

 Other interested residents

 Media

 Business groups of associations

 Businesses possibly affected by the facility (i.e., located down-wind of facility)

 The facility owner/operator

 Consultants working on the project or related projects

 Local environmental groups

 Other civic, religious, community, and educational groups (e.g., League of Women Voters,

government associations, churches, homeowners and renters associations)

 State and Federal Fish and Wildlife Agencies
Chapter 5: Public Involvement Activities Page 5-23

Checklist for Mailing Lists (continued)

 Have list typed

 Prepare mailing list

 Store on computer data base

Mailing List Updates:

 Verify names/addresses by searching telephone directory

 Verify names/addresses by searching city directory

 Verify names/addresses by calling each individual

 Consider issuing a notice asking for written indication of continued interest (§

124.10(c)(1)(ix)(C))
Chapter 5: Public Involvement Activities Page 5-24

Notices of Decision

Regulatory

Requirements

RCRA requires the permitting agency to issue a notice of decision to

accompany the final permit decision (under § 124.15 procedures). The

agency must send the notice to the permit applicant and to any person who

submitted written comments or requested notice of the final permit decision

(§ 124.15). Note that Class 3 modifications and the corrective action final

remedy selection also follow § 124.15 procedures and require a Notice of

Decision.

Description of Activity A notice of decision presents the agency's decision regarding permit

issuance or denial or modification of the permit to incorporate changes such

as the corrective action remedy.

Level of Effort A notice of decision may take several days to write and review, depending

on the complexity. Allow time for several rounds of revisions. If you need

to develop graphics, such as site maps, allow time to produce the graphics.

How to Conduct the

Activity

The notice should briefly specify the agency's final decision and the basis

for that decision. The notice must also refer to the procedures for appealing

a decision. Notices of decision must be sent to the facility owner/operator

(permit applicant) and each person who submitted written comments or

requested notice of the final permit decision. You may want to send the

notice to other interested parties as well. Final permits generally become

effective 30 days after the notice of decision.

When to Use C When a permit decision has been finalized following the 45-day

public comment period;

C When the permitting agency makes its final decision regarding a

permit modification.

Accompanying

Activities

A response to comments document must be issued at the same time the

final permit decision is issued.

Advantages and

Limitations

The notice of decision provides a clear, concise public record of the

decision. However, the notice of decision should not be a substitute for

other activities that involve direct two-way communication with the public.
Chapter 5: Public Involvement Activities Page 5-25

Checklist for Notices of Decision

 Determine contents of the notice of decision

 Decision made and basis for that decision

___ Information on appeal procedures

 Coordinate writing the notice with technical and legal staff

 Technically accurate

 Satisfies statutory requirements

 Provides the public with all necessary information in a clear and concise manner

 Coordinate internal review of notice of decision

 Prepare final notice of decision based on internal review comments

___ Notify the facility owner/operator and anyone who submitted written comments or requested

notice of the final decision

 Notify other interested parties of the decision

 Place copy of the notice of decision in the administrative record and the information repository

(if one exists)
Chapter 5: Public Involvement Activities Page 5-26

Introductory Notices

Regulatory

Requirements

While EPA regulations do not specifically require an introductory notice, §

124.32 provides for an agency notice at the time of application submittal. 

Permitting agencies may want to consider the guidance in this section (in

addition to the § 124.32 requirements) when preparing the notice at

application submittal. Chapter 3 provides guidance specifically for the

notice at application submittal.

Description of Activity An introductory notice explains the agency's permit application review

process or the corrective action process and the opportunities for public

participation in that process.

Level of Effort The amount of time needed to prepare an introductory notice is based on

whether the notice is prepared as a public notice or a fact sheet. If prepared

as a public notice, allow a day or two for writing, review, and placement in

newspapers and other media. If prepared as a fact sheet, allow several days

to a week to write and review, depending on the layout and graphics used,

and several days for printing.

How to Conduct the

Activity

To prepare an introductory notice:

1. Determine the best method to explain the permit application

review or corrective action process. An introductory notice can be

presented as a public notice, a fact sheet, or a flier distributed to the

facility mailing list.

2. Prepare and distribute the notice. Coordinate the writing and

distribution of the notice with technical project staff. Take care to

write the notice avoiding technical terms and jargon.

3. Include an information contact. Provide the name, address, and

phone number of a contact person who the public can call if they have

questions or need additional information about the facility. You

might add a return slip to the notice for people to complete and return

to your organization if they would like additional information or to be

placed on a mailing list.

When to Use An Introductory Notice can be used:

C When you find the community knows little or nothing about the

RCRA process; and

C When you need to notify the public of how they can become

involved in the RCRA process.
Chapter 5: Public Involvement Activities Page 5-27

Accompanying

Activities

Informal meetings, availability sessions/open houses , or workshops may

be conducted following release of the notice.

Advantages and

Disadvantages

An introductory notice informs the public about the agency's permit

application review process and how they can be involved in the process. 

However, the notice is a one-way communication tool. A contact person

should be identified in the notice so that interested members of the

community can call this person if they have questions.
Chapter 5: Public Involvement Activities Page 5-28

Checklist for Introductory Notices

 Determine how you will distribute the notice.

 Public notice in newspaper

 Fact sheet or flier sent to the mailing list

 Prepare draft introductory notice

 Include name and phone number of a contact person

 Coordinate internal review of introductory notice

 Write final introductory notice based on comments received during the internal review

 Verify facility mailing list is up-to-date

 Request mailing labels

 Distribute introductory notice
Chapter 5: Public Involvement Activities Page 5-29

Fact Sheets/

Statements of Basis

Regulatory

Requirements

EPA’s regulations require the agency to develop a fact sheet or a statement

of basis to accompany the draft permit. The agency will develop a fact

sheet for any major hazardous waste management facility or facility that

raises significant public interest (§ 124.8). The agency must prepare a

statement of basis for every draft permit for which a fact sheet is not

prepared (§ 124.7). Note that these requirements also apply to Class 3

modifications and agency-initiated modifications (such as the agency may

use at remedy selection), which must follow the part 124 procedures. 

Specific requirements for these activities are described below under “How

to Conduct the Activity.”

Description of Activity RCRA-required fact sheets and statements of basis summarize the current

status of a permit application or corrective action. This required fact sheet

(or statement of basis) is probably different than the commonly-used

informational fact sheets that most people recognize. The required fact

sheet must explain the principal facts and the significant factual, legal,

methodological and policy questions considered in preparing the draft

permit. They can vary in length and complexity from simple two-page

documents to 12-page documents complete with graphic illustrations and

glossaries.

The agency and other stakeholder groups may find it useful to develop

other fact sheets to be used in public participation activities. These

informal/informational fact sheets can explain difficult aspects of the

permitting process or provide technical information in language that an

ordinary person can understand. These fact sheets may come in many

different varieties and levels of detail.

Fact sheets are useful for informing all interested parties about the basis for

the permitting agency's decision regarding a facility permit or proposed

corrective action activities. They ensure that information is distributed in a

consistent fashion and that citizens understand the issues associated with

RCRA programs.

Statements of basis are generally shorter than fact sheets and summarize

the basis for the Agency's decision. Statements of basis are often used in

the corrective action program to summarize the information contained in

the RFI/CMS reports and the administrative record. They are designed to

facilitate public participation in the remedy selection process by:

C Identifying the proposed remedy for a corrective action at a facility

and explaining the reasons for the proposal.
Chapter 5: Public Involvement Activities Page 5-30

C Describing other remedies that were considered in detail in the RFI

and CMS reports.

C Soliciting public review and comment on all possible remedies

considered in the RFI and CMS reports, and on any other plausible

remedies.

C Providing information on how the public can be involved in the

remedy selection process.

In emphasizing that the proposed remedy is only an initial

recommendation, the statement of basis should clearly state that changes to

the proposed remedy, or a change from the proposed remedy to another

alternative, may be made if public comments or additional data indicate

that such a change would result in a more appropriate solution. The final

decision regarding the selected remedy(ies) should be documented in the

final permit modification (if applicable) with the accompanying response to

comments after the permitting agency has taken into consideration all

comments from the public. 

Level of Effort Fact sheets and statements of basis may take from two days to two weeks to

write, depending on their length and complexity. Allow time for several

rounds of revisions. Allow three days for printing. (Short Cut: Use

already developed RCRA templates with graphics that are on file at your

agency).

How to Conduct the

Activity

The first step in preparing a fact sheet is to determine the information to be

presented. EPA decisionmaking regulations require that RCRA permit fact

sheets contain the following types of information:

C A brief description of the type of facility or activity which is the

subject of the draft permit;

C The type and quantity of wastes covered by the permit;

C 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;

C A description of the procedures for reaching a final decision,

including the beginning and ending dates of the public comment

period and the address where comments can be sent, and procedures

for requesting a public hearing; and

C Name and telephone number of a person to contact for additional

information.

A statement of basis is prepared the same way as a fact sheet. The

statement of basis summarizes essential information from the RFI and
Chapter 5: Public Involvement Activities Page 5-31

CMS reports and the administrative record. The RFI and CMS reports

should be referenced in the statement of basis. The statement of basis

should:

C Briefly summarize the environmental conditions at the facility as

determined during the RFI.

C Identify the proposed remedy.

C Describe the remedial alternatives evaluated in sufficient detail to

provide a reasonable explanation of each remedy.

C Provide a brief analysis that supports the proposed remedy, discussed

in terms of the evaluation criteria.

Select a simple format for presenting the information. Avoid using

bureaucratic jargon, acronyms, or technical language in the text, and be

concise.

Use formatting techniques to make the fact sheet or statement of basis more

interesting and easy-to-read. People are less likely to read a fact sheet or

statement of basis consisting of a solid sheet of typed text than one with

clear, informative illustrations. Moreover, a well-designed document

suggests that the permitting agency takes its public participation program

seriously.

Coordinate the production of these documents with technical project staff. 

Technical staff should review them to ensure that the information conveyed

is accurate and complete. Outreach staff should review them to ensure that

the communication goals are being met.

Arrange for printing and distribute copies of the fact sheet or statements of

basis to the mailing list, place extra copies at the information repository,

and distribute additional copies at public meetings and hearings.

When to Use While fact sheets/statements of basis are required for draft permits, they

can also be helpful at other times in the permitting and corrective action

processes:

C During technical review of the permit application; 

C At the beginning of a RCRA facility investigation;

C When findings of the RCRA facility investigation are available;

C When the corrective action is completed; and

C When the Notice of Decision is released.

In addition, fact sheets can be written to explain a facility inspection or
Chapter 5: Public Involvement Activities Page 5-32

emergency action, a new technology, or a community-based activity.

Fact sheets and statements of basis can be particularly useful in providing

background information prior to a public meeting or public hearing.

Accompanying

Activities

Fact sheets and statements of basis are generally used in conjunction with

the mailing list, public notices, public comment periods, and public

meetings and hearings. However, as stated above, they can be helpful at

almost any stage in the permitting or corrective action processes.

Advantages and

Limitations

Fact sheets and statements of basis are effective in summarizing facts and

issues involved in permitting and corrective action processes. They

communicate a consistent message to the public and the media. Produced

throughout the permitting or corrective actions processes, they serve to

inform the public about the regulatory process as well as the technical

RCRA issues and can aid in creating a general community understanding of

the project. They are relatively inexpensive and can be distributed easily

and directly to the mailing list. In addition, fact sheets and statements of

basis can be tailored to meet specific information needs identified during

community assessments.

However, a poorly written fact sheet or statement of basis can be

misleading or confusing. Documents of this type that are not written in an

objective style can be perceived as being too "persuasive" and considered

"propaganda" by mistrusting communities. Remember that fact sheets and

statements of basis are a one-way communication tool, and therefore should

always provide the name and telephone number of a contact person to

encourage comments and questions.
Chapter 5: Public Involvement Activities Page 5-33

Checklist for Fact Sheets/Statements of Basis

 Determine purpose and focus of fact sheet or statement of basis

 Develop outline

 Organize contents in a logical manner

 Determine appropriate graphics

 Verify mailing list is up-to-date

 Request mailing labels

 Coordinate preparation of fact sheet or statement of basis with technical staff as appropriate

 Draft text

 Draft graphics

 Draft layout

 Place mailing coupon on reverse side of mailing label

 Coordinate internal review of fact sheet or statement of basis

 Incorporate revisions into final fact sheet or statement of basis

 Proofread final fact sheet or statement of basis

 Arrange printing of fact sheet or statement of basis

 Select paper weight, ink color, and color paper

 Print fact sheet or statement of basis

 Distribute fact sheet or statement of basis to the mailing list and place additional copies in the

repository
Chapter 5: Public Involvement Activities Page 5-34

Project Newsletters

and Reports

Regulatory

Requirements

None. 

Description of Activity Project newsletters and reports are means of direct communication that

keep interested people informed about corrective action and permitting

activities. Both publications provide a level of project detail that is not

usually available from the news media. A project newsletter uses a readerfriendly, news-based format to provide regular updates on activities in the

permitting process and actions taking place at the facility. Project reports

may include official technical reports or other environmental documents

and studies related to a particular facility. Sending these reports directly to

key stakeholders can spread information more effectively than simply

placing the documents in an information repository.

Level of Effort Newsletters can require significant amounts of staff time and resources to

write, copy, and distribute. Direct transmission of reports will require less

staff time, but may cost more to copy and distribute. 

How to Conduct the

Activity

To provide a project newsletter or project reports:

1. Assign a staff person to produce the newsletter. Instruct project

staff to direct relevant information and reports to this person.

2. Decide on a format and style for the newsletter. Evaluate the

resources you have available for the newsletter and decide what type

of newsletter you will produce. Keep in mind that a visuallyattractive newsletter with plenty of graphics and simple language is

more likely to be read. Avoid bureaucratic or technical jargon. The

newsletter should contain real news that is useful to people. Since

people who are not familiar with the project may pick up the

newsletter, write it so that first-time readers can understand it.

3. Provide for review. Permitting agencies, in particular, will want to

ensure the credibility of their newsletters by making sure that they are

objective. In such cases, you may consider asking a citizen advisory

group, a consultant, or a non-partisan civic group (e.g., the League of

Women Voters), to review the document. If the public has concerns

over the credibility of your organization, it may be beneficial for the

citizens advisory group or a neutral body to produce the newsletter. 

An objective newsletter should candidly report all developments at

the facility.
Chapter 5: Public Involvement Activities Page 5-35

4. Summarize detailed reports. If you are distributing a technical

report, you should consider including a summary. Another option is

to include findings in the project newsletter and allow people to send

in a clip-out request form or contact your staff for copies of the full

report.

5. Check your mailing list. Make sure that your mailing list is up to

date and includes all interested stakeholders and media contacts (see

the section on Mailing Lists above).

6. Update your mailing list. Project newsletters may continue for a

number of years. You should consider updating your mailing list by

including an “address-currency” card in the newsletter on a regular

basis (e.g., once a year). By sending in this card, people will continue

to receive the newsletter.

When to Use Project newsletters and reports can provide detailed information about a

facility that is not usually available in the media. These methods may be

most useful when:

C there is a high level of public interest in a facility;

C when many citizens do not have access to an information repository,

or a repository has not been established;

C you would like to maintain project visibility during extended technical

studies; or

C presenting the results of detailed studies through a newsletter will

better inform the public.

Accompanying

Activities

A mailing list is essential for distribution of reports and newsletters. You

should consider availability sessions, open houses, or informal meetings

to explain the results of detailed reports and studies. Always include a

contact person in the newsletter or report.

Advantages and

Limitations

Newsletters and project reports are useful ways to disseminate important

information to stakeholders. Making reports widely available can enhance

their credibility.

Newsletters may require significant amounts of staff time and resources. 

Direct distribution of technical reports may create confusion if they are not

accompanied by a summary.

 
Chapter 5: Public Involvement Activities Page 5-36

Checklist for Project Newsletters and Reports

 Assign a staff person to be in charge of producing the newsletter or reports

 Direct the project staff (e.g., through a memo) to forward all relevant project information to the

newsletter director

 Decide on format, style, and frequency of distribution

 Draft the newsletter

 Review the newsletter for content, style, simple language, and visual appeal

 (If applicable) Send the newsletter to an assigned neutral party for review

 If you produce detailed project studies or reports, write a summary in simple language and attach

to the report or include the summary in the newsletter

 Distribute the newsletter to the mailing list

 Update the mailing list on a regular basis
Chapter 5: Public Involvement Activities Page 5-37

Response to

Comments

Regulatory

Requirements

According to § 124.17, the permitting agency must prepare a response to

comments at the time that it issues a final permit decision. The agency will

also issue a response to comments when making final decisions on

requested Class 2 and 3 permit modifications under § 270.42 and agencyinitiated modifications under § 270.41.

Description of Activity A response to comments identifies all provisions of the draft permit or

modification that were changed and the reasons for those changes. It also

briefly describes and responds to all significant comments on the draft

permit that were received during the public 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.

Level of Effort A response to comments can be a time-intensive activity because of the

large amount of organization, coordination, and review needed. On

average, allow several hours per comment for completion, as some

questions may take only a few minutes to answer while others may involve

in-depth technical and legal responses. In general, preparing response to

comments documents can take from several days for low-interest facilities

to several weeks for high-interest facilities.

How to Conduct the

Activity

There is no required format for preparing response to comments

documents. However, several EPA Regions have adopted a two part

approach:

C Part I is a summary of commenters' major issues and concerns and

expressly acknowledges and responds to those issues raised by the

local community. "Local community" means those individuals who

have identified themselves as living in the immediate vicinity of a

facility. These may include local homeowners, businesses, the

municipality, and facility employees. Part I should be presented by

subject and should be written in a clear, concise, easy to understand

manner suitable for the public.

C Part II provides detailed responses to all significant and other

comments. It includes the specific legal and technical questions and,

if necessary, will elaborate with technical detail on answers covered

in Part I. It also should be organized by subject.

Think of Part I as a type of fact sheet for the detailed responses provided in
Chapter 5: Public Involvement Activities Page 5-38

Part II. Because both parts deal with similar or overlapping issues, the

response to comments should state clearly that any points of conflict or

ambiguity between the two parts shall be resolved in favor of the detailed

technical and legal presentation in the second part.

In order to effectively address all public comments, closely coordinate the

preparation of responses with appropriate legal and technical staff. Also, it

is important to be certain that all comments are addressed. A system of

numbering all comments as they are received and referring to these

numbers in all internal drafts of the response document may help keep track

of them. Computer databases are a good way to keep track of and arrange

the comments. 

In addition, the Response to Comments should include a summary that

discusses the following:

C The number of meetings, mailings, public notices, and hearings at

which the public was informed or consulted about the project;

C The extent to which citizen's views were taken into account in

decision-making; and

C The specific changes, if any, in the project design or scope that

occurred as a result of citizen input.

Response to comments documents must be sent to the facility

owner/operator and each person who submitted written comments or

requested notice of the final permit decision.

When to Use A response to comments is required for all final permit decisions and

decisions on class 2 and 3 modifications..

Accompanying

Activities

A response to comments usually accompanies the notice of decision.

Advantages and

Limitations

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

participation efforts and planning for subsequent activities.

Comments may be difficult to respond to at times, like when the public

raises new issues, questions, or technical evidence during the public

comment period. The permitting agency may need to develop new

materials to respond to these questions.
Chapter 5: Public Involvement Activities Page 5-39

Checklist for Response to Comments

 After reviewing comments, determine organization of document

 Determine groups, subgroups of comments

 Where applicable, paraphrase and summarize comments

 Write a response for each comment, group or subgroup of comments

 Prepare an introductory statement including:

 A summary of the number and effectiveness of meetings, mailing, public notices, and

hearings at which the public was informed or consulted about the project

 The numbers and kinds of diverse interests which were involved in the project

 Prepare a summary statement including:

 The extent to which citizen's views were taken into account in decision-making

 The specific changes, if any, in the project design or scope that occurred as a result of

citizen input.

 Coordinate internal review of the Response to Comments with all necessary departments (public

affairs, technical, legal)

 Prepare final Response to Comments

 Distribute Response to Comments to:

 Information Repository

 Facility owner/operator

 Each individual who makes written or oral comments

 Individuals who asked to receive the Response to Comments

 Appropriate agency officials

 Administrative Record
Chapter 5: Public Involvement Activities Page 5-40

Information

Repositories

Regulatory

Requirements

EPA regulations authorize the permitting agency to require a facility to

establish an information repository during the permitting process (§ 124.33)

or during the active life of a facility (§ 270.30). 

Description of Activity An information repository is a collection of documents related to a

permitting activity or corrective action. A repository can make information

readily available to people who are interested in learning about, or keeping

abreast of, RCRA activities in or near their community. 

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 in every case;

it should use its discretion. Additionally, 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 size and location of the repository will depend on the type of

permitting activity. The regulations allow the permit applicant or permittee

to select the location for the repository, as long as it is in a location that is

convenient and accessible to the public. If the place chosen by the facility

does not have suitable access, then the permitting agency can choose a

more suitable location. EPA encourages the facility and the agency to

involve the public when suggesting a location for the repository -- the

potential users of the facility are best qualified to tell you if it’s suitable.

See #1 under “How to Conduct the Activity” below. 

The information that actually goes in the repository can differ from case to

case, depending on why the repository was established. If the agency

requires a facility to establish the repository, then the agency will set out

the documents and other information that the facility must include in the

repository. The agency will decide what information will be most useful

according to the specifics of the case at hand. For instance, multi-lingual

fact sheets and other documents will be most appropriate in situations

where there are many non-English-speakers in an 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 non-technical reader. See #2 under “How to Conduct the Activity”

below.

The permitting agency should assess the need, on a case-by-case basis, for

an information repository at a facility. When doing so, the agency has to
Chapter 5: Public Involvement Activities Page 5-41

consider a variety of factors, 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. Since any of these other factors

may indicate that the community already has adequate access to

information, and since repositories can be resource-intensive, permitting

agencies should use this authority only in cases where the community has a

true need for additional access to information. 

For example, in determining levels of public interest the agency staff will

want to consider: What kind of turnout has there been at public meetings? 

What kind of responses during community interviews? What level of

media attention? How many inquiries have been coming in? What levels

of community involvement have there been in previous facility and/or local

environmental matters? If another repository already exists, can it be

augmented with materials to meet the information needs of the permit or

corrective action at hand? Is it located in a convenient and accessible

place? [Note: If a facility has an existing repository that does not

completely satisfy the need that the agency identifies, then the agency may

specify additional steps that the facility must take to make the repository

meet the public need.]

Is the nearest copy of the administrative record “close enough”? The

answer to this question could depend on a few things. Ask yourself some

other questions first. For example: Can people get there by public

transportation or only by a personal vehicle (i.e, by car or taxi)? Do most

people in the community rely on public transportation, or do most people

have and use their own cars? Apart from whether it is accessible by public

transportation or personal vehicle, how long is the trip? Is the

administrative record available for review on weekends or after business

hours?

Level of Effort Depending on the amount of available documentation, the information

repository may take a week to establish, including compiling and indexing

documents and arranging for placement in a library or other location. 

Updating may take a day or two every quarter. A public notice announcing

the availability of the information repository may take between a day to

write, review, and place in newspapers or send to the mailing list.

How to Conduct the

Activity

To establish an information repository:

1. Determine a suitable location. For repositories established under §§

124.33 or 270.30, the initial choice of location is made by the facility. 

If the agency decides that the facility-proposed location is not

suitable, then the agency will suggest another location.

Whether required or established voluntarily, the repository should be

be convenient and accessible for people in the community. Whoever

establishes the repository should consider, in particular, locations
Chapter 5: Public Involvement Activities Page 5-42

suggested by community residents. 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. It is

important to confirm that people are comfortable about coming onto

facility property and trust that you will properly maintain the

information in the repository. 

Facility owners and operators should be sensitive to the concern that

some citizens have about repositories that are on facility property. 

Some people do not feel comfortable when they need to attend a

meeting or a function on the facility grounds. If the members of your

community may feel uncomfortable at the facility, then you should

make all efforts to establish the repository at a suitable off-site

location. All repositories should be in a location where its users will

feel comfortable when accessing information.

In evaluating potential sites for the repository, there are several

factors to consider. The location should have adequate access for

disabled users, should be accessible to users of public transportation

(where applicable), 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 should also 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-todate, orderly and accessible.

Depending on the level of community concern, or the location of the

facility relative to the surrounding communities, more than one

repository may be desirable. For example, if a county seat is several

miles from the RCRA-regulated facility, and county officials have

expressed a strong interest in the facility, two repositories may be

advisable: one in the community closest to the facility, and the other

in the county seat. 

2. Select and deposit the materials to be included in the repository.

For repositories established under EPA’s regulations, 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 has the discretion to limit the

contents of repositories established under §§ 124.33 and 270.30. 

While there is no outright ban on materials, EPA encourages

regulators to ensure that repository materials are relevant and
Chapter 5: Public Involvement Activities Page 5-43

appropriate. 

Facilities, permitting agencies, and public interest groups may decide

to establish repositories aside from those required by regulation. 

Whoever establishes a repository should consult the public regarding

what materials would be most useful to members of the surrounding

community. EPA encourages parties to place substantive and

appropriate materials in the repository. 

If you are establishing an information repository, you should consider

including the following documents:

C Background information on the company or facility;

C Fact sheets on the permitting or corrective action process;

C Meeting summary from the pre-application meeting (if one was

conducted);

C Public involvement plan (if developed);

C The draft permit;

C Reports prepared as part of the corrective action investigations,

including the RCRA Facility Assessment (RFA), the RCRA

Facility Investigation (RFI), and the Corrective Measures Study

(CMS);

C Fact sheets prepared on the draft permit or corrective action

plan;

C Notice of decision;

C Response to comments; 

C Copies of relevant RCRA guidance and regulations;

C A copy of the Cooperative Agreement, if the state is the lead

agency for the project; 

C Documentation of site sampling results;

C Brochures, fact sheets, and other information about the specific

facility (including past enforcement history);

C Copies of news releases and clippings referring to the site;

C 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

C Any other relevant material (e.g., published studies on the

potential risks associated with specific chemicals that have been

found stored at the facility).

You should organize the documents in binders that are easy to use and

convenient for the on-site repository host. 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.

3. Publicize the existence of the repository. For repositories required

under RCRA regulations, the permitting agency will direct the

facility, at a minimum, to announce the repository to all members of
Chapter 5: Public Involvement Activities Page 5-44

facility mailing list. If you establish a repository aside from EPA’s

regulations, you should be sure to notify local government officials,

citizen groups, and the local media of the location of the project file

and hours of availability. Newsletters of local community

organizations and church groups are another means of notifying the

public. 

4. Keep the repository up-to-date by sending new documents to it as

they are generated. If the permitting activity is controversial or

raises a lot of community interest, you should consider providing

several copies of key documents so that community members can

check them out for circulation. For repositories required under

RCRA regulations, the facility is responsible for updating the

repository with new documents and maintaining the documents in the

repository.

When to Use An information repository is recommended:

C When the agency requires the facility to establish an information

repository. In making its determination, the agency will

consider relevant factors, 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;

and

C When interest in the facility is high and the public needs

convenient access to relevant facility documents.

Accompanying

Activities

The contact person(s) should be responsible for making sure that all

relevant materials have been filed in the repository. 

If you establish a repository, you may want to consider setting aside time at

the repository to periodically staff a “walk-up” information table. An

information table would entail having a representative from your

organization, the permitting agency, or both, available to answer questions

that repository visitors may have. You may decide to establish the

information table on a routine basis (for example, once a month) or at key

milestones in the permitting or corrective action process (for example, after

a draft permit decision or completion of the RFI).

Advantages and

Limitations

An information repository provides local officials, citizens, and the media

with easy access to accurate, detailed, and current data about the facility. It

demonstrates that your organization is responsive to citizens' needs for

comprehensive information on the facility.

An information repository is a one-way communication tool and does not

allow for interaction between citizens and your organization (unless used in
Chapter 5: Public Involvement Activities Page 5-45

conjunction with a “walk-up” information table). The information

repository may also include technical documents, which may be difficult

for citizens to understand.
Chapter 5: Public Involvement Activities Page 5-46

Checklist for Information Repositories

[Note: this checklist contains all the steps for information repositories required under §§ 124.33 and

270.30. Anyone who is establishing a repository apart from these requirements should check above in

this section to find out which steps apply].

 Determine location of Information Repository; check with agency 

 Establish contact with the director of the location determined above

 Mail a letter to the permitting agency confirming the location of the Information Repository 

 Agency will mail a list of required documents to the facility 

 Collect and compile the documents to include in the Information Repository

 Documents sequentially numbered

 Index prepared

 Documents placed in notebooks

 Deliver documents to location determined above

 Have location director sign a letter/memo acknowledging receipt of the documents

 Send a notice to the facility mailing list indicating the availability of the Information Repository;

provide additional means of notice (e.g., newspaper, broadcast media) as appropriate

 Update the Information Repository as key public documents are available and at key technical

milestones
Chapter 5: Public Involvement Activities Page 5-47

Exhibits

Regulatory

Requirements

None.

Description of Activity Exhibits are visual displays such as maps, charts, diagrams, photographs, or

computer displays. These may be accompanied by a brief text explaining

the displays and the purpose of the exhibit. Exhibits provide a creative and

informative way to explain issues such as health risks or proposed

corrective actions. They make technical information more accessible and

understandable.

Level of Effort Exhibits may take from one day to one week to write, design and produce

depending on the complexity of the exhibit. Computer software production

will take longer. Allow time for review of the exhibit's design and concept. 

How to Conduct the

Activity

To develop and display an exhibit:

1. Identify the target audience. Possible audiences include:

C General public;

C Concerned citizens;

C Environmental/Public Interest groups; 

C Media representatives; and

C Public officials.

2. Clarify the subject. Possible subjects include:

C The RCRA program or the permit or corrective action process;

C Historical background on the facility;

C Public participation activities;

C Corrective action or waste management technologies; and

C Health and safety issues associated with the facility.

3. Determine where the exhibit will be set up. If the general public is

the target audience, for example, assemble the exhibit in a highly

visible location, such as a public library, convention hall, or a

shopping center. If concerned citizens are the target audience, set up

a temporary exhibit at a public meeting, availability session/open

house, or an informal meeting. An exhibit could even be as simple

as a bulletin board at the site or staff trailer.

4. Design the exhibit and its scale according to the message to be

transmitted. Include photos or illustrations. Use text sparingly.
Chapter 5: Public Involvement Activities Page 5-48

When to Use Exhibits can be used:

C When level of interest in the facility is moderate to high;

C When information to be conveyed can be explained graphically;

C When staff time is limited and the audience is large;

C When a display can enhance other information being distributed;

and

C When displays will be useful over long periods of time and at

different facilities (e.g., generic posterboards on RCRA

process).

Accompanying

Activities

Exhibits are useful at public meetings, public hearings, and availability

sessions/open houses. If an observation deck is installed at a site, a

nearby exhibit could explain corrective action or compliance activities

under way. 

Advantages and

Limitations

Exhibits tend to stimulate public interest and understanding. While a news

clipping may be glanced at and easily forgotten, exhibits have a visual

impact and leave a lasting impression. Exhibits also can convey

information to a lot of people with a low level of effort.

Although exhibits inform the public, they are, for the most part, a one-way

communication tool. One solution to this drawback is to attach blank

postcards (surveys) to the exhibit, encouraging viewers to comment or

submit inquiries by mail to the agency. Another approach is to leave the

phone number of the contact person who can answer questions during

working hours. However, these requests must be answered or citizens may

perceive the agency as unresponsive to their concerns. Finally, computer

touch screens can provide some feedback by answering common questions

about an exhibit.
Chapter 5: Public Involvement Activities Page 5-49

Checklist for Exhibits

 Determine purpose, use of exhibit

 Identify the audience

 Clarify the message

 Determine where and how the exhibit will be displayed

 Free-standing

 Table-top display

 Will the exhibit need to be easily transported?

 Coordinate design and construction with public involvement coordinator (and

contractors, if available)

 Write copy

 Determine graphics

 Design the exhibit

 Coordinate review of the design, text, and graphics

 Complete the exhibit based on review comments
Chapter 5: Public Involvement Activities Page 5-50

Briefings

Regulatory

Requirements

None.

Description of Activity Briefings are useful for sharing information with key stakeholders, whether

they are involved regulators, elected officials, or members of involved

public interest or environmental groups. You can use briefings to inform

other stakeholders about the status of a permit application or corrective

action; to provide them with materials such as technical studies; results of

the technical field and community assessments; and engineering designs. 

These sessions are conducted in person, and the briefings usually precede

release of information to the media or occur before a public meeting. 

Briefing key stakeholders is particularly important if an upcoming action

might result in political controversy.

Level of Effort Briefings will usually take a day to plan and conduct.

How to Conduct the

Activity

To schedule and hold briefings:

1. Inform your audience far in advance of the date of the briefing. It is

usually best to hold the initial briefing in a small public room, such as

a hotel meeting room, conference room, or at the stakeholders’

offices. Where relationships might be antagonistic, it may be best to

hold the briefing in a neutral location.

2. Present a short, official statement explaining the information in the

context of the RCRA process and announcing future steps in the

process.

3. Answer questions about the statement. Anticipate questions and be

prepared to answer them simply and directly.

If the briefing has been requested, find out in advance the information

that the stakeholders seek and prepare to answer these and related

questions.

When to Use Briefings are appropriate:

C When key stakeholders have expressed a moderate to high level of

concern about the facility or the process;

C Before the release of new information to the media and the public; 
Chapter 5: Public Involvement Activities Page 5-51

C When unexpected events or delays occur; and

C At any point during the permit or corrective action processes. If local

officials have expressed concern during the preliminary assessment of

the facility, a briefing may be appropriate to explain the RCRA

permitting or corrective action program and the technical actions that

are scheduled for the facility.

Accompanying

Activities

Briefings usually precede news conferences, news releases, informal

meetings, or public meetings.

Advantages and

Limitations

Briefings allow key stakeholders to question you directly about any action

prior to public release of information regarding that action. By providing a

“heads up,” you can prepare other key stakeholders to answer questions

from their constituents when the information becomes public. Briefings

also allow for the exchange of information and concerns.

Because briefings are normally offered to a small select group, they are not

considered to be general information dissemination to the public. Care

must be taken to provide the public with ample opportunity to receive

information. At briefing sessions, include the appropriate officials, taking

care not to exclude people key to the public participation process. Avoid

the perception that you are trying to bury facts or favor special interest

groups. 

Although briefings can be an effective tool for updating key stakeholders

(e.g., state and local officials, community leaders, involved regulators) they

always should be complemented by activities to inform the general public,

such as informal meetings with small groups, public meetings, or news

conferences.
Chapter 5: Public Involvement Activities Page 5-52

Checklist for Briefings

 Determine date, time, and location of briefing.

Date: 

Time: 

Location: 

 Notify key state and local officials, citizens, and other interested parties of the briefing

 Prepare presentation

 Prepare any handout materials

 Conduct briefing

 Follow-up on any questions you are unable to answer during the briefing
Chapter 5: Public Involvement Activities Page 5-53

Presentations

Regulatory

Requirements

None.

Description of Activity Presentations are speeches, panel discussions, video tapes or slide shows

held for local clubs, civic or church organizations, school classes, or

concerned groups of citizens to provide a description of current RCRA

activities. They help improve public understanding of the issues associated

with a permitting or corrective action.

Level of Effort One to two days may be needed to set up and schedule the presentation,

prepare for it, give the presentation, and follow up on any issues raised. 

Add more time if you need to prepare visual equipment.

How to Conduct the

Activity

Develop procedures that can be changed easily to suit different audiences. 

To conduct presentations:

1. Contact groups that may be interested in learning about your

work. Announce the program through the media and in your

publications. Adjust the tone and technical complexity of any

presentation to suit the audience's needs.

2. Select a standard format such as the following:

C Introduce yourself, your organization, the RCRA permitting or

corrective action process, and the facility;

C Describe the issues that affect your audience;

C Discuss what is being currently done; and

C Discuss how citizens can play a part in making decisions about

the facility.

3. Set a time limit of 20 minutes. Consider having several staff

members deliver short segments of the presentation. Allow time for a

question-and-answer session.

4. Schedule presentations at convenient times, possibly evenings or

weekends, or during regularly-scheduled meetings of other groups. 

Consult with members of your target audience to find out what time is

best for them.

5. Select supporting materials (slides, graphics, exhibits, etc.) that will
Chapter 5: Public Involvement Activities Page 5-54

hold the audience's attention but not distract from the speaker's

message. Conduct a trial run in front of colleagues and rehearse the

presentation as much as possible.

6. If substantive issues or technical details cannot be handled in the

time allowed for the presentation, name a contact for further

information.

When to Use Presentations may be held:

C When there is moderate to high interest in a facility;

C When it is practical to integrate short RCRA presentations into

meetings on other subjects; and

C When a major milestone in the RCRA process is reached.

Accompanying

Activities

Fact sheets or handouts should be distributed so that participants have

something to refer to after the presentation. Incorporating exhibits into

your presentation will hold the audience's attention and aid in their

understanding of the material. Question and answer sessions will help

clear up any misunderstanding about the presentation and allow you to

address complex issues in more detail

Advantages and

Limitations

Because the presentation is delivered in person, the audience has a chance

to ask questions, and the presenter can gauge citizens' concerns. Also,

many people can be reached at one time, reducing individual inquiries. 

Making project staff available for community speeches and presentations

will signal your organization’s interest in the community.

Presentations require substantial effort to be effective. A poorly planned

presentation can distort residents' views of the situation.

Because the presentation is rehearsed, accommodating different or

unanticipated concerns of the audience can be difficult. Handle these

concerns during a question-and-answer session after the presentation.
Chapter 5: Public Involvement Activities Page 5-55

Checklist for Presentations

 Contact groups that may be interested in a presentation

 Determine message(s) to be presented based on stated community interests/concerns

 Prepare presentation(s) based on responses from groups contacted

 Prepare handout materials

 Prepare exhibits or other visual materials

 Determine what staff are available for presentations

 Schedule presentations

 Conduct rehearsals

 Conduct presentations

 Conduct follow-up question-and-answer session after presentations

 Respond to questions you were unable to answer

 Contact group regarding other presentation topics in which they may be interested
Chapter 5: Public Involvement Activities Page 5-56

Facility Tours

Regulatory

Requirements

None, though the tour will have to comply with facility safety plans.

Description of Activity 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 RCRA-regulated process underway.

Level of Effort Facility tours generally take a day to plan and conduct.

How to Conduct the

Activity

To conduct facility tours:

1. Plan the tour ahead of time.

The facility owner/operator may decide to conduct a tour, or the

agency may set up a tour of the facility. If agency staff plan to lead

the tour, they should coordinate with the facility owner/operator. 

Citizens groups should arrange tours with the facility owner/operator. 

If there is a Citizens Advisory Panel, the members could lead or

participate in tours.

Before the tour, you should:

C Determine tour routes;

C Check on availability of facility personnel, if needed; and

C Ensure that the tour complies with the safety plan for the site.

If it is not possible to arrange tours at the facility (e.g., the facility is

under construction or not yet built), perhaps it would be possible to

arrange a tour at one like it. Interested community members may

benefit from touring a facility that has similar operations or where

similar technologies have been applied. Touring a RCRA-regulated

facility can give residents a clearer perception of what to expect at

their own site.

2. Develop a list of individuals that might be interested in

participating in a tour, including:

C Individual citizens or nearby residents who have expressed

concern about the site;
Chapter 5: Public Involvement Activities Page 5-57

C Representatives of public interest or environmental groups that

have expressed interest in the site;

C Interested local officials and regulators;

C Representatives of local citizen or service groups; and

C Representatives of local newspapers, TV, and radio stations.

3. Determine the maximum number that can be taken through the

facility safely. Keep the group small so that all who wish to ask

questions may do so. Schedule additional tours as needed.

4. Think of ways to involve tour participants. A "hands-on"

demonstration of how to read monitoring devices is one example.

5. Anticipate questions. Have someone available to answer technical

questions in non-technical terms.

When to Use Tours may be conducted:

C When there is moderate to high interest in the facility, especially

among elected officials;

C When it is useful to show activities at the facility to increase

public understanding or decrease public concern;

C When it is practical and safe to have people on facility grounds;

and

C During the remedial phase of corrective action.

Accompanying

Activities

Fact sheets, exhibits, and presentations complement facility tours. An

observation deck near the facility would allow them to watch the progress

of activities on their own. An on-scene information office would allow

for an agency official to be around and for less formal tours of the facility. 

An alternative to a facility tour would be a videotape presentation

showing activity and operations at the facility. This would be effective in

cases where tours cannot be conducted.

Advantages and

Limitations

Facility tours familiarize the media, local officials, and citizens with the

operations and the individuals involved in the permitting or corrective

action. Unreasonable fears about the risks of the facility may be dispelled,

as might suspicion of corrective action crews working at the facility. The

result is often better understanding between stakeholders.

Facility tours require considerable staff time to arrange, prepare, and

coordinate. Staff may have difficulty gaining site access for non-agency
Chapter 5: Public Involvement Activities Page 5-58

people. Insurance regulations for the facility and liability, safety and injury

considerations may make tours impossible.

Checklist for Facility Tours

 Determine need for facility tours

 Coordinate tours with the facility

 Tour routes

 Facility personnel

 Tour dates

 Compliance with health and safety

 Determine maximum number of people that can be taken on the tour

 Notify interested citizens on availability of facility tours

 Call interested citizens

 Distribute mailing to facility mailing list

 Have citizens respond and reserve space on the tour

 Determine plant staff or agency staff to conduct tour

 Prepare responses to anticipated questions

 Conduct tours

 Follow-up on any requested information from interested citizens
Chapter 5: Public Involvement Activities Page 5-59

Observation Decks

Regulatory

Requirements

None.

Description of Activity An observation deck is an elevated deck on the facility property, near the

area where corrective or RCRA-regulated activities are in progress. The

deck allows interested citizens to observe facility activities or corrective

actions directly in order to remove some of the unfamiliarity, and hence

fear, that may encompass RCRA-regulated activities.

Level of Effort Maintaining an observation deck may be a time-intensive activity

depending on the deck's hours of operation. Up to 40 hours a week may be

necessary to staff the deck. Short Cut: Consider hiring a contractor to staff

the deck, or limit the hours when it is open to the public.

How to Conduct the

Activity

To use an observation deck, the agency and the facility should work

together to:

1. Decide whether or not an observation deck is needed or desirable.

Gauge community interest in the facility and whether or not there is a

location for a deck that would facilitate observation.

2. Coordinate deck construction. Determine the best location for the

observation deck keeping in mind safety and public access issues. 

3. Coordinate staffing of the observation deck. Determine the hours

of operation for the observation deck. Identify staff to supervise the

observation deck and prepare staff to answer questions from the

public.

4. Announce the availability of the observation deck. Notify the

community that the deck is available through public notices, fact

sheets, and a mailing to the facility mailing list.

When to Use An observation deck may be used:

C When community interest or concern is high;

C When the community's understanding of facility operations will

be enhanced by direct observation;

C When there will be sufficient activity at the site to promote the

community's interest;
Chapter 5: Public Involvement Activities Page 5-60

C When staff are available to supervise public use of the deck and

answer questions;

C When it is physically possible to set up an observation deck in a

place where there is no danger to the public;

C When a corrective action is being implemented; and

C When a new technology is being tested or implemented.

Accompanying

Activities

An observation deck could complement periodic facility tours or an onscene information office. Citizens can initially be informed about

operations or corrective actions during the tours, then can monitor the

progress of these activities at their convenience from the observation deck. 

Fact sheets or an informative exhibit placed near the deck also could

further aid in explaining facility activities.

Advantages and

Limitations

An observation deck allows citizens and media representatives to observe

site activities without hindering the activities.

Constructing and occupying an observation deck is expensive and needs to

be supplemented with an informational/interpretive program, so that

citizens understand what they see. Further, health and safety issues must

thoroughly be considered so that any visitor to the observation deck is not

endangered by activities at the facility.
Chapter 5: Public Involvement Activities Page 5-61

Checklist for Observation Decks

 Determine need for an observation deck

 Coordinate with facility

 Identify staff available to supervise the observation deck and answer questions from interested

citizens

 Coordinate deck construction

 Set hours of operation for the observation deck

 Notify interested citizens of availability of observation deck

 Public notice

 Fact sheet

 Mailing to facility mailing list

 Maintain observation deck
Chapter 5: Public Involvement Activities Page 5-62

News Releases and

Press Kits

Regulatory

Requirements

None.

Description of Activity News releases are statements that you or your organization send to the

news media. You can use them to publicize progress or key milestones in

the RCRA process. News releases can effectively and quickly disseminate

information to large numbers of people. They also may be used to

announce public meetings, report the results of public meetings 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 that your organization

distributes to reporters. The press kit should summarize key information

about the permitting process or corrective action activities. Typically a

press kit is a folder with pockets for short summaries of the permitting

process, technical studies, newsletters, press releases, and other background

materials.

If your organization has public affairs personnel, you should coordinate

with them to take on media contact responsibilities.

Level of Effort News releases generally take eight hours to write, review, and distribute to

the media. 

How to Conduct the

Activity

To prepare news releases and press kits:

1. Consult with external affairs personnel who regularly work with

the local media. External affairs personnel will assure that you

adhere to organization policy on media relations. They will assist in

drafting the news release and can provide other helpful suggestions

about the release and the materials for the press kit.

2. Identify the relevant regional and local newspapers and broadcast

media, and learn their deadlines. Get to know the editor and

environmental reporter who might cover the issue. Determine what

sorts of information will be useful to them.

3. Contact related organizations to ensure coordination. For

instance, permitting agencies should contact other regulatory agencies

on the federal, state, and local levels to ensure that all facts and

procedures are coordinated and correct before releasing any statement
Chapter 5: Public Involvement Activities Page 5-63

or other materials. If your organization is local, you should

coordinate with national or state-wide chapters. You may want to

consider discussing the news release with other interested

stakeholders (e.g., through a briefing). However, draft news releases

should not be shared -- they are internal documents.

4. Select the information to be communicated. For the press release,

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. Mention opportunities for public participation (i.e.,

public meetings, etc.) and contact persons and cite factors that might

contribute to earlier implementation or delays in the corrective action

or permit processing. Note the location of the information repository

(if applicable) or other sources for relevant documents. If you are

presenting study findings or other technical information, present it in

layman’s 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. Basic summaries of the RCRA

program, the permitting process, and public participation activities are

helpful materials. Background reports or studies may also be useful. 

Enclose the name and phone number of a contact person and invite

the reporter to call him or her with any questions.

5. The news release should be brief. Limit it to essential facts and

issues.

6. Use simple language. Avoid the use of professional jargon, overly

technical words, and acronyms.

7. Identify who is issuing the news release. The top of the sheet

should include:

C Name and address of your organization;

C Release time ("For Immediate Release" or "Please Observe

Embargo Until") and date;

C Name and phone number of the contact person for further

information; and

C Headline summarizing the activity of interest.

8. In some cases, send copies of the release and the press kit to other

stakeholders at the same time you give them to the news media. 

Coordinate with the public affairs office to determine appropriateness.
Chapter 5: Public Involvement Activities Page 5-64

When to Use The press kit and the news release can be complementary activities, though

you may choose to use either one separately. Some of the occasions when

you may want to issue a news release or a press kit include:

C When significant findings are made at the site, during the

process, or after a study;

C When program milestones are reached or when schedules are

delayed;

C In response to growing public or media interest or after your

organization takes a new policy stance;

C When you are trying to increase public interest in a facility;

C Before a public meeting to announce subject, time, place; and

C 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).

Accompanying

Activities

The press kit is useful as a complement to a news release. News releases

and press kits can accompany any formal public hearings or public

meetings. They commonly accompany news conferences. They should

provide the name of the contact person whom interested reporters can

contact if they want more information.

Advantages and

Limitations

A news release to the local media can reach a large audience quickly and

inexpensively. Press kits allow reporters to put the issue in context. If a

reporter is trying to meet a deadline and cannot contact you, 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 and

possibly interested community members can raise questions about the

information in the release. 

Because news releases must be brief, they often exclude details in which

the public may be interested. A news release should therefore be used in

conjunction with other methods of communication that permit more

attention to detail. A news release is not an appropriate vehicle for

transmitting sensitive information. In some cases, a news release can call

unwarranted attention to a situation; a mailing to selected individuals

should be considered instead. Frequent use of news releases to announce

smaller actions may reduce the impact of news releases concerning larger

activities.

One potential drawback of a press kit is that reporters may ignore it or use

the information incorrectly when writing a story.
Chapter 5: Public Involvement Activities Page 5-65

News releases and press kits cannot be used in lieu of a public notice. 

Certain activities, such as the preparation of a draft permit, are subject to

public notice requirements. See the section on “Public Notices” earlier in

this Chapter for more details.
Chapter 5: Public Involvement Activities Page 5-66

Checklist for News Releases and Press Kits

 Coordinate with public affairs staff 

 Determine purpose of news release and/or press kit

 Coordinate writing and distribution of release or press kit with the public affairs staff

 Verify that media mailing list is up-to-date

 Request mailing labels

 Write draft news release

 Type and double space news release

 Indicate the source of the news release (i.e., in the upper-left-hand corner, put the name

and phone number of the person writing the release, along with the agency or department

name and address)

 Provide release instructions (i.e., "For Immediate Release")

 Date the news release

 Write concisely; avoid technical terms and jargon

 Number pages; if more than one page is needed, put " -- more --" at the center bottom of

the page that is to be continued; succeeding pages should be numbered and "slugged" with

an identifying headline or reference (i.e., "EPA -- 2"); when you come to the end of the

news release, indicate the end with one of the following: -- 30 --, ####, or -- END --.

 Prepare materials for the press kit

 Collect short descriptions of the RCRA program, permitting, and public participation

processes

 Include other pertinent information, such as reports, studies, and fact sheets

 Coordinate internal review

 Prepare final matierals based on review comments

 Distribute news release and press kit to local media
Chapter 5: Public Involvement Activities Page 5-67

News Conferences

Regulatory

Requirements

None.

Description of Activity News conferences are information sessions or briefings held for

representatives of the news media and may 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 a RCRA-regulated process. If your organization has public outreach

personnel, you will probably want to coordinate news conferences with

them.

Level of Effort Allow one to two days to prepare for, rehearse, and conduct a news

conference.

How to Conduct the

Activity

To conduct news conferences:

1. Coordinate all media activity through your outreach staff. Public

outreach personnel will assure that you adhere to organization policy

on news conferences. They will help arrange location and equipment,

etc.

2. Evaluate the need for a news conference. Use this technique

carefully because statements made during a news conference may be

misinterpreted by the media. For reporting the results of site

inspections, sampling, or other preliminary information other public

involvement techniques (e.g., fact sheets, news releases, or public

meetings) may be more appropriate. A news conference announcing

preliminary results of technical studies may add unnecessarily to

public concerns about the facility.

3. Notify members of the local and regional media of the time,

location, and topic of the news conference. Local officials also

may be invited to attend, either as observers or participants,

depending upon their interest. Including local officials at a news

conference will underscore your organization’s commitment to a

community's interests and concerns. 

4. Anticipate reporters' questions and have your answers ready.

5. Present a short, official statement, both written and spoken,

about developments and findings. Explain your organization’s

decisions by reviewing the situation and identifying the next steps. 

Use visual aids, if appropriate. Live conferences leave no room for
Chapter 5: Public Involvement Activities Page 5-68

mistakes, so preparation and rehearsal is very important.

Open the conference to questions, to be answered by your staff, local

officials, and any other experts present. Have technical staff on hand

to answer any technical questions. Decide ahead of time who will

answer certain types of questions.

When to Use News conferences can be used:

C When time-sensitive information needs to reach the public, and

a news release may not be able to address key issues for the

community; 

C When staff are well-prepared to answer questions; and 

C During any phase of the permit application or corrective action.

Accompanying

Activities

News conferences can be held before or after formal public hearings or

public meetings. They are usually accompanied by news releases. 

Exhibits, telephone contacts, briefings, and mailing lists would

contribute to the planning and effectiveness of a news conference.

Advantages and

Limitations

News conferences provide a large public forum for announcing plans,

findings, policies, and other developments. They also are an efficient way

to reach a large audience. A written news release can help ensure that the

facts are presented accurately to the media. During the question and

answer period, your spokesperson(s) can demonstrate knowledge of the

facility and may be able to improve media relations by providing thorough,

informative answers to all questions.

A news conference can focus considerable attention on the situation,

potentially causing unnecessary local concern. Residents may not welcome

the increased attention that such media coverage is apt to bring. News

releases or lower-profile means of disseminating information should be

considered as alternatives.

A risk inherent in news conferences is that the media can take comments

out of context and create false impressions. This risk is heightened when

staff are unprepared or when the conference is not properly structured or

unanticipated questions are asked.
Chapter 5: Public Involvement Activities Page 5-69

Checklist for News Conferences

 Coordinate news conference with public affairs staff

 Determine purpose of news conference

 Identify staff to make presentations/answer questions at news conference

 Prepare visual materials (i.e., exhibits) and handout materials (i.e., fact sheets)

 Prepare responses to "anticipated" questions from the media

 Coordinate a rehearsal of all presenters

 Determine date, time, location, and equipment needs of news conference

 Is the location large enough to accommodate the media?

 Notify local media of news conference in advance of news conference

 Call the local media the day before the news conference as a reminder

 Conduct the news conference

 Set up room with a speakers table, chairs for the audience

 Have handout materials available when media arrive
Chapter 5: Public Involvement Activities Page 5-70

Community

Interviews

Regulatory

Requirements

None.

Description of Activity 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

facility. The interviews may be conducted by facility staff, the permitting

agency, or public interest groups as part of the community assessment. 

Chapter 2 provides more information on community assessments in the

section titled “Assessing the Situation.”

Community interviews can play an important role in the community

assessment, which usually takes place at the beginning of the permitting

process, or before major modifications and significant corrective actions. 

Community interviews will not be necessary in every community. For

instance, in routine or non-controversial situations, there may be no need

for community interviews. However, if a facility is controversial or has the

potential to receive high levels of public interest, then EPA recommends a

broad range of community interviews. Permitting situations that fall

between the preceding cases may require some interviews, beginning with a

survey of community representatives and group leaders (see “Assessing the

Situation” in Chapter 2).

Community interviews allow agencies, facility owners, and public interest

groups to tailor regulatory requirements and additional activities to fit the

needs of particular communities. 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.

Level of Effort Community interviews are a time-intensive activity because of the large

amount of organization required and time needed for interviews. While

level of effort will vary, interviewers should schedule at least one hour per

interview for research and preparation, the interview itself, and follow-up

activities. If time and/or resources are limited, interviewers may want to

conduct interviews by phone and focus on community leaders.

How to Conduct the

Activity

Permitting agencies, facility owners, and public interest groups who plan to

conduct community interviews should follow the steps below, adjusting

them as necessary to suit the situation at hand:
Chapter 5: Public Involvement Activities Page 5-71

1. Identify potential people to interview. If a mailing list is not

available, begin by reviewing available files and other documents

(e.g., newspaper articles) to identify local residents, key state and

local officials, and citizen organizations that have been involved with

or expressed concern about the facility. Agency staff or other groups

in the community (e.g., existing facility owners and operators, public

interest organizations, civic groups, local government agencies) may

also be able to suggest individuals or groups to interview. Develop a

list of individuals and groups that provides the greatest variety of

perspectives. Make sure to include individuals who tend to be less

vocal to balance the views of those who are more outspoken. Your

contact list may include: 

C state agency staff, such as officials from health, environmental,

or natural resources departments;

C local agency staff and elected officials, such as county health

department officials, county commissioners, mayor or township

administrator, and officials on environmental commissions,

advisory committees, and planning boards;

C representatives of citizens’ groups organized to address issues at

the facility or in the area;

C non-affiliated area residents and individuals;

C local business representatives (e.g., from the Chamber of

Commerce or Council of Governments);

C local civic groups, neighborhood associations, educational and

religious organizations;

C local chapters of public interest groups (e.g., environmental

organizations); and

C nearby landowners and businesses. 

2. Determine how many interviews to conduct. Conduct interviews

with the goal of obtaining a broad range of perspectives and gathering

sufficient information to develop an effective public participation

plan. However, the actual number of interviews is likely to depend on

available time and resources as well as the community's level of

interest and concern about the facility. It is generally desirable to

conduct more extensive interviews in communities where the level of

concern is high. Alternatively, where the level of interest is low or

there has already been significant interaction with community, fewer

interviews may be appropriate. 

3. Prepare for the interviews. Before conducting the interviews, learn

as much as possible about the community and community concerns
Chapter 5: Public Involvement Activities Page 5-72

regarding the facility. Review any available news clippings,

documents, letters, and other sources of information relevant to the

facility. Determine whether the community has any particular

language, geographic, or economic characteristics that should be

addressed. Prepare a list of questions that can serve as a general

guide when speaking with residents and local officials. Questions

should be asked in a way that stimulates discussion on a variety of

topics, including: 

C General knowledge of the facility. Find out what sort of

information the community has received about the facility and if

what level of involvement the community has had with the

facility.

C Specific concerns about the technical and regulatory aspects of

activities at the facility. Determine what the community's

concerns are and what types of information would be most

appropriate to address these concerns.

C Recommended methods of communicating with the community

and receiving community input. Determine which

communications tools are likely to be most effective -- e.g.,

mailings, meetings, broadcast media -- and what public

participation events could best serve the community. Learn

about special information needs that the community may have

(e.g., the level of literacy, the percentage of non-English

speakers).

C The best public meeting facilities, most relied-upon media

outlets, and the best times to schedule activities.

C Other groups or individuals to contact for more information.

4. Arrange the interviews. Telephone prospective interviewees and

arrange a convenient time and place to meet. Ideally, the meeting

place should promote candid discussions. While government and

media representatives are likely to prefer meeting in their offices

during business hours, local residents and community groups may be

available only in non-business hours. Meetings at their homes may be

most convenient.

During the interviews:

1. Provide background information. Briefly describe the permitting

activity or corrective action at hand.

2. Assure interviewees that their specific comments will remain

confidential. At the beginning of each interview, explain the purpose

of the interviews -- to gather information to assess community

concerns and develop an appropriate public participation strategy. 
Chapter 5: Public Involvement Activities Page 5-73

Explain that while the public participation plan will be part of the

administrative record, the plan will not attribute specific statements or

information to any individual. Ask interviewees if they would like

their names, addresses, and phone numbers on the mailing list.

3. If community members do not feel comfortable with interviewers

from your organization, consider using a third-party. Some

citizens may not be entirely forthcoming with their concerns or issues

if they are uncomfortable with the interview. If sufficient resources

are available, inciter hiring a contractor to perform interviews. Some

civic or community organizations may be willing to help in the

interview process. If these options are not available, then consider

distributing anonymous surveys or convening focus groups, where a

number of citizens can give their input together.

4. Identify other potential contacts . During the discussions, ask for

names and telephone numbers of other persons who are interested in

activities at the facility.

5. Gather information on past citizen participation activities . 

Determine the interviewee's perceptions of past outreach activities by

your organization.

6. Identify citizens' concerns about the facility . When identifying

concerns, consider the following factors:

C Threat to health -- Do community residents believe their health

is or has been affected by activities at the facility?

C Economic concerns -- How does the facility affect the local

economy and the economic well-being of community residents?

C Agency/Facility/Interest Group credibility -- Does the public

have confidence in the capabilities of the agency? What are the

public’s opinions of the facility owner/operator and involved

environmental/public interest organizations

C Involvement -- What groups or organizations in the community

have shown an interest in the facility? Is there a leader who has

gained substantial local following? How have interested groups

worked with the agency or facility in the past? Have

community concerns been considered in the past?

C 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?

C Number affected -- How many households or businesses

perceive themselves as affected by the facility (adversely or
Chapter 5: Public Involvement Activities Page 5-74

positively)?

7. Assess how citizens would like to be involved in the RCRA

permitting or corrective action process . Briefly explain the RCRA

public participation process and ask the interviewees how they would

like to be involved and informed of progress made and future

developments at the facility. Ask what is the best way to stay in

contact with the interviewee. Ask the interviewee to recommend

convenient locations for setting up the information repository or

holding public meetings. Keep a list of those who wish to be kept

informed.

When to Use Community interviews should be conducted:

C As part of a community assessment by facility owners who are

applying for a permit, seeking a major permit modification, or

beginning significant corrective action.

C By the permitting agency to find out about community concerns at the

outset of a major permitting or corrective action process.

C 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.

As the level of community concern increases, so does the need to conduct

more extensive assessments. If there has been a lot of interaction with the

community and interested parties, information on citizen concerns may be

current and active. In such situations, it may be acceptable to conduct only

a few informal discussions in person or by telephone with selected,

informed individuals who clearly represent the community to verify,

update, or round out the information already available.

Accompanying

Activities

As stated above, community interviews are conducted to gather information

to develop an appropriate public participation plan for the facility. A

mailing list may or may not be in place at the time interviews are

conducted. If there is one, it can be used to identify individuals to

interview. If one has not yet been established, the interviews themselves

can provide the basis for the list.

Advantages and

Limitations

Community interviews can be a valuable source of opinions, expectations,

and concerns regarding RCRA facilities and often provide insights and

views that are not presented in the media. In addition, these interviews

may lead to additional information sources. The one-on-one dialogue that

takes place during community interviews provides the basis for building a

good working relationship, based on mutual trust, between the community

and other stakeholders. Therefore, although its primary purpose is to gather
Chapter 5: Public Involvement Activities Page 5-75

information, the community interview also serves as an important public

outreach technique.

The major disadvantages of community interviews are that they may be

time-consuming and resource-intensive for your staff; they could cause

unnecessary fear of the situation among the public; and, they are not very

useful if you do not talk with the right people -- the people who have not

identified themselves as well as the more vocal ones who have.
Chapter 5: Public Involvement Activities Page 5-76

Checklist for Community Interviews

 Determine number of interviews to be conducted: 

 Determine dates for interviews: 

 Identify team to conduct interviews:

 Identify individuals to interview

 Review facility background files for names of people who have expressed interest

 Identify community leaders to contact

 Identify city/state/county officials to contact

 Prepare interview questions

 Review background information available about the facility and community

 Set up interviews

 Confirm interviews by mail or phone

 Conduct interviews

 Ask for additional people to contact

 Gather information using prepared interview questions

 Follow-Up

 Follow-up interview with a thank you letter

 Notify the interviewee when the public participation strategy is available in the repository
Chapter 5: Public Involvement Activities Page 5-77

Focus Groups

Regulatory

Requirements

None.

Description of Activity Some organizations use focus groups as a way of gathering information on

community opinion. The advertizing industry developed focus groups as an

alternative to expensive market research (which relies heavily on polling). 

Focus groups are small discussion groups selected either to be random or to

approximate the demographics of the community. The group is usually led

by a trained moderator who draws out people’s reactions to an issue.

Facility owners may want to consider focus groups as a complement to

interviews during the community assessment or at important activities

during the life of a facility. The permitting agency may want to consider

focus groups to gauge public opinion before controversial permitting

activities or corrective actions. 

Level of Effort Focus groups can be resource-intensive, depending on the number of groups

you convene. This method will be more expensive if you need to provide

for a moderator, meeting space, or transportation.

How to Conduct the

Activity 

To prepare for focus groups:

1. Determine whether or not a focus group can help the process.

Community interviews serve much the same purpose as focus groups. 

Will gathering members of the community together provide more

comfort? Will it be a more effective means of gauging public

opinion?

2. Select your focus groups. Contact other stakeholders and

community leaders to get input on who to include in your focus

groups. 

3. Use community interview techniques to get input from the focus

group. You can follow the guidance in “Community Interviews”

above in this Chapter to learn about the types of questions to ask your

focus groups.

4. Use the information in forming a public participation plan.

When to Use Facility owners may want to use focus groups as a complement to

community interviews; permitting agencies may want to consider focus

groups in situations where there is a high degree of public interest in a
Chapter 5: Public Involvement Activities Page 5-78

permitting activity. Focus groups provide a quick means of feedback from

a representative group and can be a good supplementary activity, especially

if such group discussions will make some members of the public feel more

comfortable. 

Accompanying

Activities

Use focus groups as a complement to community interviews. You may

want to hold a presentation or provide the groups with information such as

fact sheets.

Advantages and

Limitations

Focus groups allow you to get an in-depth reaction to permitting issues. 

They can help to outline a public participation plan and give an indication

of how the public will react to certain issues. 

The reactions of a focus group cannot, in all cases, be counted on to

represent the greater community. Some people may perceive focus groups

as an effort to manipulate the public.
Chapter 5: Public Involvement Activities Page 5-79

Checklist for Focus Groups

 Determine number of focus groups to be conducted: 

 Determine dates for focus groups: 

 Identify moderator to conduct focus groups:

 Identify individuals for focus groups

 Review facility background files for names of people who have expressed interest

 Identify community leaders to contact

 Identify city/state/county officials to contact

 Prepare discussion questions

 Review background information available about the facility and community

 Set up focus groups

 Confirm participation by mail or phone

 Conduct focus groups

 Ask for additional people to contact

 Gather information using prepared interview questions

 Follow-Up

 Follow-up interview with a thank you letter

 Notify the interviewee when the public participation plan is available
Chapter 5: Public Involvement Activities Page 5-80

Door-to-Door

Canvassing

Regulatory

Requirements

None.

Description of Activity Door-to-door canvassing is a way to collect and distribute information by

calling on community members individually and directly. Public interest

groups have long used such techniques, and they may also be useful for

facility owners as a way to gauge public interest during the community

assessment stage. The permitting agency may consider using this technique

to interact with the community in situations where public interest is very

high, such as emergency cleanups, or in other situations where direct

contact with citizens is essential. See the section on “When to Use” below

for more details.

During these interactions, canvassers can field questions about the

permitting activity, discuss concerns, and provide fact sheets or other

materials. Some citizens may want to find out more about the activity by

signing up for mailing lists or by attending an upcoming event.

Level of Effort Door-to-door canvassing is a very time-intensive activity because of the

number of staff needed to conduct the canvassing and the amount of time

you will need to plan for the canvassing. Canvassers should travel in pairs

in areas where there may be a lot of contention or in high crime areas. 

Planning for the door-to-door canvassing will require at least a day. This

includes identifying the area to be canvassed, determining the amount of

staff needed, and notifying area residents. The amount of time spent

canvassing will depend on the size of the area to be canvassed.

How to Conduct the

Activity

A door-to-door canvass involves training staff to gather information,

answer questions, and to communicate with a possibly irate or suspicious

public.

Procedures to follow in preparing a door-to-door canvass include:

1. Identify the area where canvassing is necessary or desirable.

Determine the area where special information must be given or

collected. This area may range from just a few streets to several

neighborhoods. Determine if there is a need for a translator or

materials in languages other than English. Also determine when it is

likely that people will be at home; the canvassing may have to be

conducted in the evening.
Chapter 5: Public Involvement Activities Page 5-81

2. If time permits, notify residents (e.g., by distributing a flyer) that

canvassers will be calling door-to-door in the area. Tell residents

what time the canvassers will be in the neighborhood and explain the

purpose of the canvassing program. Advance notice will reduce the

suspicions of residents and encourage their cooperation. Also, notify

local officials so they are aware of the door-to-door canvassing.

3. Provide canvassers with the information they will need to respond

to questions. Residents will want to know what is happening at the

facility and may have questions about possible health effects

associated with various activities. If appropriate, you should

distinguish between the types of questions that a canvasser may

answer (i.e., questions concerning the schedule of activity) and the

types of questions that should be referred to technical staff (e.g.,

highly technical questions concerning hazardous waste or agency

policies). Provide canvassers with fact sheets or other written

materials for distribution.

4. Canvass the designated area. Note the name, address, and

telephone number of residents requesting more information. Note

also the names of those who were especially helpful in giving

information. Be prepared to tell residents when they will next be

contacted and how (i.e., by telephone, by letter, or in person). All

canvassers should have an official badge to identify themselves to

residents.

5. Send a thank-you letter after the canvass to all residents in the

canvassed area. If possible, provide information concerning recent

developments and any results or pertinent information gathered by the

canvass. Respond to special requests for information either in the

thank-you letter or by telephone.

When to Use Door-to-door canvassing may be used:

C When there is a high level of concern about the site, but

meetings cannot be scheduled;

C When there is a need to notify citizens about a certain event or

an upcoming permitting issue;

C When you need to reach a specific group of people for a specific

purpose, such as getting signatures to allow access to properties

adjacent to the facility;

C When the community has a low literacy rate and written

materials aren't useful;
Chapter 5: Public Involvement Activities Page 5-82

C When the area consists of a population whose primary language

is not English, but it is important to pass information to the area;

and

C When there is an emergency situation that the community needs

to know about.

Accompanying

Activities

Telephone contacts and community interviews may help to identify

appropriate areas for canvassing efforts. Canvassers should add to the

mailing list names of individuals who either requested additional

information or provided particularly useful information.

Advantages and

Limitations

This activity 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.

This technique is very time-consuming and costly, even in a small area. 

Furthermore, trained people that can answer questions at the necessary

level of detail are often not available for this activity. This activity is not

recommended for the dissemination of information except in an emergency. 

This high level of direct contact can raise more concerns rather than allay

them.

The safety and security of the canvassers also should be taken into account

when planning this activity. Additional staff may be need so that people

can work in teams to two or three; in extreme situations, security staff may

be necessary .
Chapter 5: Public Involvement Activities Page 5-83

Checklist for Door-to-Door Canvassing

 Identify area where canvassing will be conducted

 Prepare maps for each team of canvassers

 Send a letter to residents announcing canvassing

 Prepare mailing list using the city directory (section listing residences by street

address)

 Prepare letter; coordinate internal review

 Determine security needs of canvassing team

 Prepare any information (i.e., fact sheets) that canvassing team may provide to interested

residents

 Identify staff to conduct canvassing and have official badges made to identify them

 Brief staff on canvassing effort

 Provide staff with a copy of letter sent to residents

 Tell staff what kinds of questions they may answer and provide them with information

(i.e., questions concerning the schedule of activity)

 Tell staff what kinds of questions they should refer to a specialist (i.e., technical questions)

 Provide staff with prepared maps

 Canvass designated areas

 Note the name, address, and telephone number of residents requesting more information

 Send thank you letter to all residents in the canvassed area
Chapter 5: Public Involvement Activities Page 5-84

Public Comment

Periods

Regulatory

Requirements

Public comment periods are required whenever the permitting agency

issues a draft permit or an intent to deny a permit (§ 124.10). Comment

periods are also mandatory on requests for Class 2 and 3 permit

modifications under § 270.42, for agency-initiated modifications under §

270.41, and during closure and post-closure for interim status facilities

under §§ 265.112(d)(4) and 265.118(f).

Description of Activity 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. Comment periods for RCRA permits must be at least

45 days.

Level of Effort There is no specific level of effort for a public comment period. Estimates

of the time required to conduct activities associated with the public

comment period (public notice, public hearing, etc.) are found elsewhere in

this chapter. The time required to receive, organize, and determine how to

respond to comments will vary depending on the number of comments

received and the complexity of the proposed action (see the section on

“Response to Comments” earlier in this chapter).

How to Conduct the

Activity

Announce the public comment period in a local newspaper of general

circulation and on local radio stations. Public notices must provide the

beginning and ending dates of the public comment period and specify

where interested parties should send their comments and/or requests for a

public hearing. Refer to the section about “Public Notices” earlier in this

chapter for further information.

When to Use A minimum 45-day public comment period is required for RCRA permits,

including modifications to permits initiated by the agency as well as Class 2

and 3 modifications requested by the facility. 

Accompanying

Activities

Public comment periods cannot begin until notice of the permitting activity

is given. RCRA requires that the agency conduct a public hearing if

requested by a member of the public during the public comment period. 

Announce the hearing through a public notice and through a fact sheet, if

one is prepared in advance. Public comment periods cannot begin until

notice is given.

Comments received during the public comment period must be discussed in

a written response to comments.
Chapter 5: Public Involvement Activities Page 5-85

Advantages and

Limitations

Public comment periods allow citizens to comment on agency and facility

proposals and to have their comments incorporated into the formal public

record.

However, public comment periods provide only indirect communication

between citizens and agency officials because, in some cases, the formal

responses to the comments may not be prepared for some time. Also, in

some cases, the agency may not individually respond to every comment. A

public participation program should provide other activities that allow

dialogue between agency officials and the community.
Chapter 5: Public Involvement Activities Page 5-86

Checklist for Public Comment Periods

 Determine dates of public comment period (minimum of 45 days)

Dates: 

 Determine contact person within the agency who will answer citizens' questions regarding the

public comment period

 Announce public comment period through a public notice

 If requested by a member of the public during the comment period, schedule a public hearing

 Document with a memo to the file any comments that were not received in written form
Chapter 5: Public Involvement Activities Page 5-87

Unsolicited

Information and

Office Visits

Regulatory

Requirements

None.

Description of Activity EPA encourages permitting agencies, public interest groups, and facility

owners/operators to seek input from interested citizens and other

stakeholders. At times, this information may arrive in the form of phone

calls, letters, and meetings. While this type of information is not always

asked for, it can be helpful. 

Citizens or stakeholders from other groups may want to visit the agency’s

office or the facility. In this situation, the visiting stakeholders will want to

meet with the person who works most directly with their concerns. 

Level of Effort Depends entirely on the type of unsolicited information provided by the

public. Office visits will also command varying amounts of time.

How to Conduct the

Activity 

Members of the public will come to the agency, the facility, or another

organization with information and requests. Public outreach staff should be

available for discussion and information when visitors come. 

Unsolicited information can be very helpful. First, it can provide an idea of

the level of public concern over a facility. Second, members of the public

often provide information that is essential to making good technical,

economic, and policy decisions. Local citizens often have the most

knowledge and insight about the conditions of the land and the people

surrounding a facility. 

If interested people come to the office, they should be received by a staff

member who can relate well with the public and knows the overall mission

of your organization. If feasible, he or she should introduce the visitors to

members of the staff who can discuss specific issues. Staff people should

listen to the citizens’ concerns and provide feedback where possible. They

should be candid when they do not know the answer to a question. They

should also be cordial, avoid jargon and overly technical language, and try

to solve the visitor’s problem. (See the section on “Informal Meetings

With Other Stakeholders” in this Chapter for more information).

If citizens send a letter or call by phone, the receiving organization should

respond as soon as possible. If the response will be delayed, a

representative of the organization should write a letter or call to explain. 
Chapter 5: Public Involvement Activities Page 5-88

The receiving organization should consider all relevant comments as

informal input into the permitting process and let citizens know how they

can submit formal comments.

When to Use Unsolicited information is a constant in community participation. You can

improve (or maintain) the credibility of your organization by giving due

weight to citizens’ concerns and by replying promptly to citizen input.

Accompanying

Activities

Fact sheets, project reports, and other mailings can answer questions or

reply to citizen inquiries. Offer to put concerned citizens on the mailing

list. Consider holding an availability session, open house, or informal

meetings if you detect a high level of public interest.

Advantages and

Limitations

A good outreach program can increase your organization’s credibility. 

Unsolicited information can alert you to issues of high public concern and

allow you to identify involved groups in the community. Visitors to your

organization can get to know the staff, while the staff gains a better

understanding of the visitors’ concerns.

Unsolicited information is, at best, a supplement to more formal

information-gathering. It may be misleading since it does not always

reflect the overall level of public concern. Good handling of unsolicited

information takes good communication and cooperation within your

organization.
Chapter 5: Public Involvement Activities Page 5-89

Checklist for Unsolicited Information and Office Visits

For office visits:

 Appoint a member of your staff to act as a liaison for public visits

 The liaison should answer questions and introduce stakeholders to members of your organization

who are involved in the issue

 Invite visitors to put their names on your mailing list

 Follow up quickly on any questions that you could not answer during the visit

For phone calls and written requests:

 Keep a log of calls and letters from other stakeholders

 Respond quickly to questions; inform the questioner if your response will not be timely
Chapter 5: Public Involvement Activities Page 5-90

Surveys and

Telephone Polls

Regulatory

Requirements

None.

Description of Activity If public participation is to be a dialogue, 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 may be

either oral or written; used in person or by mail; and distributed either to

specific segments of the community or to representative samples. We

discuss telephone polls in this section, but you may want to consider doorto-door polling or other methods. 

Facility owners may want to consider using surveys and polls during the

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 owner may also want to use

surveys and polls to find out if citizens are receiving enough information

about the RCRA activity and are being reached by public notices or other

outreach methods. 

Level of Effort On-paper surveys distributed at meetings or by mail are relatively easy and

inexpensive, aside from postage. Surveys done in person or by telephone

can be very time-consuming. 

How to Conduct the

Activity

To prepare for surveys or telephone polls:

1. Specify the information that you need to gather. Construct

specific questions to include in the survey or poll. For written

surveys, consider which questions should be multiple choice or

“check one box” -- formats that people are more likely to answer. 

Ensure that oral questions are not too long or confusing and be wary

of the factors that can bias your surveying method (e.g., the wording

of the question).

Survey questions do not have to be highly detailed in every case. You

may use surveys to allow people to submit general impressions after a

meeting or a hearing.
Chapter 5: Public Involvement Activities Page 5-91

2. Design the survey or poll. For written surveys, you should leave

plenty of room for people to write. Give clear instructions and

explain how you will be using the information. Always include the

name and number of a contact person. Provide multi-lingual surveys

where appropriate. Follow these same guidelines for oral surveys and

polls. For oral surveys, you may want to provide a business card to

the interviewee when your discussion is over

3. Distribute the surveys and questionnaires. As we mentioned

earlier, you may distribute written surveys in person or via mail. You

may also leave them for people to pick up after a meeting; or you may

decide to distribute them by hand to peoples’ homes. If people will

need to mail the survey, consider including pre-stamped, preaddressed envelopes. 

If you are seeking out specific information, you may want to

distribute the surveys to a representative sample of the community. In

some cases, you may want to do a “blanket” distribution to all homes

and businesses within a certain distance of the facility. 

If you choose to do an oral survey, follow the information in the

section on “Community Interviews” earlier in this Chapter.

For telephone polls, you will have to decide whom to call and whether

you will address the poll to a random sample, a representative sample,

or a targeted segment of the community. If you are attempting one of

the latter two options, you may want to contact community leaders

and local officials to determine the demographics of the area.

When to Use Use surveys and telephone polls when:

C you are seeking specific information from a targeted community or

audience; or

C you are trying to provide people with a means of giving anonymous

feedback during the permitting process.

Accompanying

Activities

Always include the name and number of a contact person on a survey or a

questionnaire. Surveys and questionnaires can be useful for gathering

general impressions about specific permitting activities or public

participation events, such as availability sessions or public hearings. 

They may also complement community interviews by allowing people,

who may have been uncomfortable or pressured during the interview, to

submit anonymous thoughts and comments.

Advantages and

Limitations

Written surveys and questionnaires are relatively inexpensive and simple

ways to solicit information. They can provide feedback loops for many

permitting activities and some people may be more comfortable with the
Chapter 5: Public Involvement Activities Page 5-92

anonymity that written surveys can ensure. Oral surveys and polls allow

you to interact directly with members of the public and to solicit their

immediate feedback on permitting issues.

Surveys conducted in-person can be very time-consuming and expensive. 

Written surveys may not present viewpoints that are representative of the

community because people who fill out the surveys tend to have stronger

feelings in favor, or against, the proposed activity. Surveys conducted by

mail have the additional weaknesses of undependable response rates and

questionable response quality.
Chapter 5: Public Involvement Activities Page 5-93

Checklist for Surveys and Telephone Polls

 Determine what type of information is needed

 Determine what format will work best for gathering the information

Written surveys:

 Determine if you will need to provide the survey in a multilingual format or you will need to

provide for other special communication needs in the community (e.g., persons who are illiterate)

 Prepare interview questions

 Design the survey sheet; leave adequate writing room and make sure the instructions are clear and

easy to understand

 Provide the name of a contact person on the survey

 Decide how you will distribute the survey, based on the public participation plan, community

interviews, and background information on the facility and the community

Telephone polls or an oral surveys:

 Identify a team to conduct the survey or the telephone poll

 Identify how you will target the polling group

 Consult a polling firm or a consultant if you are conducting your survey with a representative

sample

 Determine if you need to conduct a multilingual poll or survey and whether there are other special

communication needs in the community (e.g., persons who are hearing impaired)

 Prepare the questions for the poll or survey

 Write a script you can use to give background information to people before the questions

 When you conduct the survey, provide the name of a contact person, either over the phone, or by

handing out business cards in person
Chapter 5: Public Involvement Activities Page 5-94

Contact

Persons/Offices

Regulatory

Requirements

EPA regulations require the permitting agency to designate a contact office

in most public notices. This requirement applies to draft permits, notices of

intent to deny a permit, and modifications initiated by the permitting

agency (§§ 124.10(d) and 270.41), as well as to the notice of application

submittal (§ 124.32(b)). In these cases, the permitting agency will also

provide a contact for the permit applicant. When a permit applicant holds a

pre-application meeting under § 124.31, the applicant must provide public

notice that includes a contact person for the facility. Similarly, the facility

must provide public notice, including a contact at the agency and the

facility, when requesting a Class 2 or 3 permit modification (§ 270.42 (b)

and (c)). Permitting agencies must also provide contacts and telephone

numbers (for the facility and the agency) during the trial burn stage at

permitted and interim status combustion facilities (§ 270.62(b) and (d);

270.66(d)(3) and (g)).

Description of Activity The contact person is a designated staff member who is responsible for

responding to questions and inquiries from the public and the media. Some

organizations may want to consider distributing lists of contact persons who

are responsible for answering questions in certain topic areas.

Level of Effort The amount of time that the contact person spends responding to citizen

concerns and questions will depend on the level of community interest in a

facility's permit or corrective action activities. A contact person may spend

a few hours a day responding to citizen inquiries if there is high to

moderate interest in the facility's RCRA activities.

How to Conduct the

Activity

For each permit or corrective action, designate a contact who will respond

to citizens' requests for information, answer their questions, and address

their concerns on any aspect of the permit or cleanup process. Although

permitting agencies are only required to designate a contact office,

specifying a person and keeping the same person as the contact throughout

the process may engender more public trust and confidence.

When a contact person is assigned:

1. Send out a news release announcing the contact person to all local

newspapers, radio stations, and television stations. Include the

contact person's telephone number and mailing address in all news

releases, fact sheets, and mailings. Include in publications a selfmailer, which can be a separate flyer or a designated cut-a-way

section of the fact sheet that is addressed to the contact person and

leaves room for interested people to request more information or
Chapter 5: Public Involvement Activities Page 5-95

write their comments.

2. Give the name, address, and phone number of the contact person

to all involved staff in your organization and other stakeholders. 

Let staff members know that the contact person may be approached

for information and that your staff should coordinate the release of

information with the contact person. Inform other stakeholders that

the contact person will be available for questions and informationsharing. 

3. Keep a log book of all citizen requests and comments received by the

contact person, and how each one was handled. This will help to

assure that incoming requests are not filed and forgotten. This log

book also provides another record of issues and concerns. 

When to Use A contact person should be designated for every facility at the outset of the

RCRA process.

Accompanying

Activities

Designation of the contact person should be announced in news releases

and fact sheets, and public notices. The contact person also should be

responsible for making sure that the facility's information repository, if

required, is kept up-to-date.

Advantages and

Limitations

A contact person can assure citizens that your organization is actively

listening to their concerns and can provide the community with consistent

information from a reliable source.

The contact person may not have the authority to resolve all of the concerns

raised by citizens and other stakeholders; his or her role may be limited to

providing information and facilitating communication between your staff,

citizens, and other stakeholders. If, for any reason, the identity of the

contact person changes, it is important to inform the community, media

contacts, and other stakeholders about this change quickly. You should

designate a replacement as soon as possible.
Chapter 5: Public Involvement Activities Page 5-96

Checklist for Contact Persons

 Designate a contact person for the facility:

 Notify media of the name, mailing address, and phone number of the contact person

 Inform your staff and other stakeholders who are involved with the facility

 Have contact person maintain a log book of all stakeholder requests and comments received
Chapter 5: Public Involvement Activities Page 5-97

Telephone Contacts

Regulatory

Requirements

None.

Description of Activity Telephone contacts can be used to gather information about the community

and to update State and local officials and other interested parties on the

status of permitting or corrective action activities. See the section on

“Surveys and Telephone Polls” earlier in this Chapter for related activities.

Level of Effort Telephone contacts can be a time-intensive activity, depending on the

nature of the call. Allow several hours per call when gathering

information.

How to Conduct the

Activity

In making telephone contacts:

1. Know exactly what information to request or give out. Plan

carefully what you want to say or what information you would like to

obtain from these individuals. Refer to the section on “Community

Interviews” earlier in this chapter for information on how to conduct

these interviews.

2. Conduct telephone calls and take notes for your files.

When to Use Telephone contacts may be used:

C In the early stages of the RCRA actions to identify key officials,

citizens, and other stakeholders who have a high interest in the

facility;

C To gather information when face-to-face community interviews

are not possible;

C When new and time-sensitive material becomes available; and

C When there is a high level of community interest in the facility,

and it is important to keep key players informed.

Accompanying

Activities

Telephone contacts are usually made to arrange or conduct community

interviews, develop mailing lists and arrange for other public participation

activities such as news briefings, informal meetings, and presentations.

Advantages and Telephone calls can be an inexpensive and expedient method of acquiring
Chapter 5: Public Involvement Activities Page 5-98

Limitations initial information about the facility. Once the initial information has been

gathered, telephone contacts are a quick means of informing key people

about facility activities and for monitoring any shifts in community

concerns.

Residents initially may feel uncomfortable discussing their concerns and

perceptions over the telephone with a stranger. Once residents have met

your staff in person, however, they may be more open and willing to

discuss their concerns during follow-up telephone calls.
Chapter 5: Public Involvement Activities Page 5-99

Checklist for Telephone Contacts

Initial telephone contacts:

 Identify individuals to contact:

 State officials

 Local officials

 Regulatory agency officials

 Concerned citizens

 Media

 Environmental groups, civic organizations, public interest groups

 Prepare information to discuss on telephone

 Prepare questions for individuals to answer

 Prepare information that you can give them

 Keep a log book of information received/given

On-going contacts:

 Maintain up-to-date telephone contact list

 Prepare information to discuss on telephone before each set of calls
Chapter 5: Public Involvement Activities Page 5-100

Telephone Hotlines

Regulatory

Requirements

None.

Description of Activity A hotline is a toll-free (or local) telephone number people can call to ask

questions and obtain information promptly about RCRA activities. Some

hotlines allow people to order documents.

Level of Effort The amount of time spent on the telephone hotline responding to citizen

concerns and questions will depend on the level of concern the community

has regarding the facility's permit or corrective action activities. You may

spend several hours a day responding to inquiries if there is high to

moderate interest in the facility's RCRA activities.

How to Conduct the

Activity

To install a telephone hotline, either as a semi-permanent fixture (available

throughout the permit review or corrective action process) or as a

temporary measure (installed at the time of major community feedback,

such as the public comment period):

1. Assign one or more staff members to handle the hotline calls. 

Consider installing more than one line to minimize busy signals. If

staff are not available throughout the day, install an answering

machine directing people to leave their name, number, and brief

statement of concern, and informing them that someone in your

organization will return their call promptly. If a voice mail system is

available, provide information on commonly requested information

such as meeting dates and locations and the permit status. Check the

answering machine for messages at least once a day. If the level of

concern is high, check for messages more frequently.

2. Announce the telephone hotline in news releases to local

newspapers, radio stations, and television stations, and in fact sheets,

publications, and public notices.

3. Keep a record of each question, when it was received, from whom,

and how and when it was answered. All questions and inquiries

should be responded to promptly (within 24 hours) if an answer

cannot be given immediately. Be diligent in following up requests for

information and tracking down accurate, direct responses.

When to Use A telephone hotline may be used:

C When community interest or concern is moderate to high;
Chapter 5: Public Involvement Activities Page 5-101

C When emergencies or unexpected events occur, or when a

situation is changing rapidly;

C When there is a high potential for complaints (e.g., about dust or

noise);

C Where literacy rates are low and written information must be

supplemented; and

C Where the community is isolated and has little opportunity for

face-to-face contact with project staff (e.g., rural areas, areas far

from Regional offices).

Accompanying

Activities

The hotline can supplement all other public participation activities.

Advantages and

Limitations

A hotline can provide interested people with a relatively quick means of

expressing their concerns directly to your organization and getting their

questions answered. This quick response can help reassure callers that their

concerns are heard. A telephone hotline also can help monitor community

concerns. A sudden increase in calls could indicate that additional public

participation efforts may be warranted.

You must respond quickly to questions or concerns; otherwise callers may

become frustrated. If the number of calls is large, responding quickly to

each inquiry could prove burdensome to your staff. Furthermore, dialing a

hotline number and receiving a recorded message could irritate or alienate

some members of the public.
Chapter 5: Public Involvement Activities Page 5-102

Checklist for Telephone Hotlines

 Determine need for telephone hotline

 Identify staff responsible for answering calls

 Have staff maintain a log of all calls and responses

 Install telephone hotlines/answering machines

 Notify interested people about the hotline

 Public notice

 Fact sheet

 Mailing to facility mailing list

 Coordinate staffing of hotline

 Follow-up on calls to hotline
Chapter 5: Public Involvement Activities Page 5-103

On-Scene

Information Offices

Regulatory

Requirements

None.

Description of Activity An on-scene information office is a trailer, small building, or office space

on or near the facility site, depending on what is more convenient and

accessible for the affected community. The office is staffed by a full-time

or part-time person(s) who responds to inquiries and prepares information

releases.

Level of Effort An on-scene information office is a time-intensive activity. You may have

staff in the office up to 40 hours a week. Short Cut: Hire a contractor to

staff the office; however, always ensure that a representative is there for

some specified period during the week.

How to Conduct the

Activity

To provide an on-scene information office:

1. Establish the office. You may have to rent a trailer, arrange with the

owner of the facility to designate space in the facility, or rent office

space in a town to be used as an office and launching area. If you will

be establishing the office off-site, then you should find an area in the

vicinity of the facility or in the nearest town or village.

2. Install a telephone and an answering machine to respond to inquiries

and publicize the number in local newspapers and your public

participation publications.

3. Assign someone to staff the office. Establish regular hours,

including some during the weekend and weekday evenings. Publicize

the trailer's hours and the services it offers.

4. Equip the office with the same materials normally contained in an

information repository, if possible. At a minimum, include key

documents and summaries of other documents that are not available. 

Provide a copy machine so that the public can make copies of

documents in the information repository.

When to Use An on-scene information office may be used:

C When community interest or concern is high;
Chapter 5: Public Involvement Activities Page 5-104

C During corrective actions;

C When cleanup involves complex technologies or processes;

C When the community perceives a high level of risk to health;

C When activities may disrupt the area surrounding the facility

(e.g., traffic patterns); and

C When the area near the facility is densely populated.

Accompanying

Activities

The on-scene staff person can conduct meetings and question and answer

sessions to inform citizens about the status of the corrective actions or other

facility operations. Staff may also prepare and distribute fact sheets and

newsletters to local residents, conduct facility tours, and support the

telephone hotline. With the telephone contacts they make, they can add

to and update mailing lists and revise public participation plans. An onscene information office may also be a good location for the information

repository.

Individuals staffing an on-scene information office for an extended period

of time will necessarily have a special role in the community. Involvement

in other public participation activities may represent a large part of their

function. In addition to distributing information to local residents, on-site

staff may be responsible for maintaining data bases of residents' addresses,

the status of access to property, and a daily log of inquiries. It is important

that on-site staff monitor public perceptions and concerns daily. On-scene

staff often can make useful recommendations regarding stakeholder

concerns. Finally and perhaps most importantly, on-site staff members will

frequently serve as a liaison with the public.

Advantages and

Limitations

An on-scene information office can be an effective activity for ensuring

that other stakeholders are adequately informed about permitting activities

and that their concerns are addressed immediately.

An information office can be very expensive since it requires, at a

minimum, a part-time staff person and a telephone. Hence, it should be

used only when community concerns are currently high or may be high in

the future.
Chapter 5: Public Involvement Activities Page 5-105

Checklist for On-Scene Information Offices

 Determine need for an on-scene information office

 Identify staff to work in information office

 Rent a trailer or office space for the information office

 Equip the office with a telephone, office equipment (i.e., copier), and all materials contained in

an information repository.

 Notify interested people of availability of on-scene information office

 Public Notice

 Fact sheet

 Mailing to facility mailing list

 Maintain on-scene information office

 Have staff conduct the following:

 Maintain the mailing list

 Review media coverage

 Respond to calls from citizens and stakeholder groups
Chapter 5: Public Involvement Activities Page 5-106

Question and

Answer Sessions

Regulatory

Requirements

None.

Description of Activity A question and answer session makes knowledgeable staff available to

stakeholders to discuss permitting and corrective action issues. Question

and answer sessions typically accompany a presentation, briefing, or

meeting. Anyone at the event who needs more information will have the

opportunity to speak with officials after the event. These sessions can be

informal or formal.

Level of Effort Answering questions will add a small amount of staff time to other public

participation activities.

How to Conduct the

Activity

To conduct a question and answer session:

1. Announce that someone will be available for questions after the

event. Pick an area where people can meet a knowledgeable staff

person for questions and answers.

2. Be responsive, candid, and clear. Ensure that all questions are

answered. If staff cannot answer the question on the spot, they should

not be afraid to say “I don’t know” and offer to answer the question

after getting more information. The staffer should write down the

question, discuss it with other staff, and respond -- as soon as possible

-- by phone or letter. Try to avoid using jargon that people will not

understand.

3. Consider brainstorming ahead of time to develop potential

questions and to prepare responses.

When to Use Question and answer sessions are appropriate whenever people at an event

need more information or the presenting organization needs more feedback. 

Question and answer sessions are also appropriate when people may feel

more comfortable asking questions in a one-on-one situation. If a

particular issue, raised by one person at a meeting, is preventing other

issues from making the floor at a meeting, you may want to offer to discuss

the issue one-on-one after the meeting.

Accompanying

Activities

Hold question and answer sessions after exhibits, presentations, meetings,

facility tours, or on observation decks. Some events, such as open
Chapter 5: Public Involvement Activities Page 5-107

houses, have built-in question and answer sessions. In responding to

inquiries, you may want to provide written information, such as fact sheets,

or refer the questioner to a contact person. 

Advantages and

Limitations

Question and answer sessions provide direct communication between your

organization and citizens. They are a useful, easy, and inexpensive way of

providing one-on-one explanations in an informal setting. One-on-one

discussions may attract people who are intimidated from raising issues

during a meeting. Such interactions may also increase public comfort and

trust in your organization.

Citizens may not be pleased if you cannot answer a question on the spot;

they will certainly not be pleased if your response is slow. Be sure to

respond to all unanswered questions as soon as you can.
Chapter 5: Public Involvement Activities Page 5-108

Checklist for Question and Answer Sessions

 Brainstorm potential questions and prepare responses

 If you are planning a Q&A session after a meeting or other event, let people know where it will

be held by mentioning it during the meeting

 Be candid and avoid jargon in your answers. If you cannot answer a question, take the

questioner’s phone number or address and respond to the question as soon as you can.

 
Chapter 5: Public Involvement Activities Page 5-109

Information Tables

Regulatory

Requirements

None.

Description of Activity Information tables are simple public participation tools that you can use to

interact with interested stakeholders. 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 member of

your organization who is available to answer questions. 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 facility mailing list. 

Level of Effort This activity is time-intensive, with at least one staff person staying at the

table during the entire event. The information table is less of a drain on

other resources since the materials should already be available.

How to Conduct the

Activity

To prepare for an information table:

1. Learn from community interviews which local events are most

frequented by citizens during the year. 

2. Decide whether the table will be sufficient to address community

concerns. The information table may not be effective in highlycharged environments. 

3. Set up the table. Include important fact sheets, answers to common

questions, general descriptions of the RCRA program, contact names,

and hotline numbers. Allow people to sign up for the facility mailing

list. Use exhibits if appropriate.

When to Use 

Use information tables when:

C You need to provide a feedback loop after a public event;

C The RCRA activity has raised significant public interest or technical

issues may raise many questions among the public;

C You are gathering names for the facility mailing list;

C A local event, where tables are available, will attract a significant

portion of the community.

Information tables may be useful in connection with a public hearing or
Chapter 5: Public Involvement Activities Page 5-110

Accompanying

Activities

meeting. EPA recommends using information tables as part of availability

sessions and open houses. Fact sheets, newsletters, project reports and

other information should be available at the table. People who come to the

table should have the opportunity to sign up for the mailing list. Exhibits

and diagrams can be helpful for explaining the process or technical issues. 

Provide the name of a contact person (or a list of contact people) for

interested people to take with them. Information tables provide a good

opportunity to distribute questionnaires and surveys.

Advantages and

Limitations

An information table can provide a feedback loop that complements other

events in the permitting process. Information tables at availability sessions

and open houses can provide a comfortable way for people to approach

project staff and ask questions. At county fairs or other events, they allow

project staff to interact with the community and spread information about

important permitting activities. 

People who approach the information table may ask questions that staff

cannot answer. To avoid any negative reactions, staff should record the

question and contact the person with an answer by a certain date. 
Chapter 5: Public Involvement Activities Page 5-111

Checklist for Information Tables

(As appropriate):

 Determine a location for the information table

 Facility name, location 

 Contact person at location 

 Confirm availability of location for information tables

 Discuss guidelines for information tables with the event planner

 Assign staff to cover the information table

 Collect materials for the information table

 Table and chairs

 Table skirt

 A sign that identifies your organization

 Exhibits, time-lines, surveys

 Mailing list sign-up sheet

 Name tags for your staff

 Pens and notepads

 Fact sheets, reports, pamphlets, and other documents that people can take

 Business cards with the name of a contact person at your organization

 Reference documents for your use

 Keep a record of comments and questions for your files
Chapter 5: Public Involvement Activities Page 5-112

Informal Meetings

with Other

Stakeholders

Regulatory

Requirements

None. (This type of informal meeting is distinct from the pre-application

meeting required under § 124.31 (and discussed under “Public Meetings” in

this Chapter) which EPA has stated should be an informal discussion open

to the public).

Description of Activity Informal meetings are meetings your organization holds with individual

stakeholder groups that have particular interest in a permitting activity. 

These meetings are held in an informal setting, such as a resident's home or

a local meeting place. Informal meetings allow interested citizens and

local officials to discuss issues and concerns. Staff responsible for the

facility 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

facility in question.

Public meetings, which are distinct from public hearings, are a special

form of informal meetings where the entire community can participate. 

Public meetings allow all interested parties to discuss issues regarding the

facility with each other as well as the regulatory agency. Public meetings

can be especially useful for allowing discussion before a public hearing and

can be scheduled immediately before the hearing. Comments made during

a public meeting do not become part of the official administrative record as

they do during a hearing. (See the sections on “Public Meetings” and

“Public Hearings” in this Chapter for more details.)

Level of Effort An informal meeting will take two to three days to plan and conduct. This

includes about three hours to set up and schedule the meeting, five hours

for preparation, four hours to conduct the meeting, and four hours to follow

up on any issues raised during the meeting.

How to Conduct the

Activity

To conduct informal meetings:

1. Identify interested citizens and officials. Contact each group and

local agency that is directly affected by the facility, or contact

individuals who have expressed concern regarding the facility. 

Interested citizen/public interest groups may also want to contact the

agency or the facility to set up a meeting. Offer to discuss the permit

or corrective action plans at a convenient time, taking into

consideration the following elements that will affect levels of

community interest and concern: for facilities at which emergency
Chapter 5: Public Involvement Activities Page 5-113

actions are required, schedule the meeting after the agency has

accurate information to share with the participants; for a corrective

action, determine first when community concerns may be highest and

schedule meetings accordingly. For instance, it may be appropriate to

hold an informal meeting when the risk assessment report is released. 

Holding informal meetings early in the permit process can help

prevent potentially volatile situations from developing by providing

citizens with one-on-one attention.

2. Limit attendance. To increase effectiveness, restrict attendance to

between five and 20 individuals or specify attendance by invitation

only. The larger the group, the less likely it is that some people will

candidly express their concerns. It is difficult to establish rapport

with individuals in a large group. If a greater number of stakeholders

are interested, you should schedule additional small meetings. If a

greater number of participants appears than are expected at an

informal meeting, divide the group into smaller groups to allow more

one-on-one discussion to take place.

3. Select a meeting date, time, and place convenient to attendants.

The meeting place should have chairs that can be arranged into a

circle, or some other informal setting conducive to two-way

communication. A private home, public library meeting room,

community center, or church hall may be more likely to promote an

exchange of ideas than a large or formal public hall. When

scheduling the meeting, make sure that the date and time do not

conflict with other public meetings that citizens may want to attend,

such as town council meetings, or with holidays or other special

occasions. Permitting agencies should be sure that the meeting

location does not conflict with state "sunshine laws." In selecting a

public meeting place, be attentive to the special needs of handicapped

individuals (e.g., access ramps or elevators). Be aware that meetings

will frequently have to be scheduled during evening hours to

accommodate work schedules.

4. Begin the meeting with a brief overview. This short presentation

should include a summary of the permit review schedule and how

stakeholders can be involved in the decision. These opening remarks

should be kept brief and informal (no more than a few minutes) to

allow maximum opportunity for open discussion with meeting

attenders. Cover whatever topics the public is interested in

discussing, these may include:

C Extent of the activity;

C Safety and health implications;

C Factors that might speed up or delay the regulatory and technical

process; and
Chapter 5: Public Involvement Activities Page 5-114

C How community concerns are considered in making decisions

on permits and corrective actions.

5. Identify the regulatory decision-makers (major agencies and

individuals responsible for enacting and enforcing RCRA

regulations.) Citizens and other stakeholders will then know where to

direct further questions or voice new ideas or suggestions.

6. Gear the discussion to the audience. Be sensitive to the level of

familiarity that the citizens have with the more technical aspects of

the activities discussed.

7. Listen and take notes. Find out what the meeting attendees want

done. Some concerns may be addressed by making minor changes in

a proposed action. Discuss the possibility for accommodating these

concerns or explain the reasons why citizen requests appear to be

unworkable or conflict with program or legal requirements.

8. Promptly follow-up on any major concerns. Stay in touch with the

groups and contact any new groups that have formed, so that new or

increasing concerns can be dealt with before problems develop.

9. Write up brief minutes for your files.

When to Use Informal meetings can be used:

C When there is widely varying level of knowledge among

community members;

C When the level of tension is high and large meetings may not be

appropriate;

C When the community needs more personal contact to have trust

in your organization or the process;

C When groups want to discuss specific issues in which the

community as a whole isn't interested.

Accompanying

Activities

Community interviews or calls to telephone contacts usually precede

these meetings, since it is during these interviews that concerned citizens

groups are identified and contacted. Possible meeting locations also can be

identified during the community interviews.

Distributing fact sheets at these meetings also may be appropriate,

depending on when they are held.

Advantages and The primary benefit of informal meetings is that they allow two-way

interaction between citizens, local officials, the permitting agency, and the
Chapter 5: Public Involvement Activities Page 5-115

Limitations facility. Not only will citizens be informed about the developments, but the

facility owner/operator and officials responsible for the site can learn how

citizens view the site.

Informal meetings also add a personal dimension to what might otherwise

be treated as a purely technical problem. Informal meetings offer citizens,

facility staff, and officials a chance to increase their familiarity with how

the process works, increase awareness of each other’s point of view, and

actively promote public participation. Informal meetings also may diffuse

any tension between stakeholders.

Some groups may perceive your efforts to restrict the number of attenders

as a "divide and conquer" tactic to prevent large groups from exerting

influence on potential actions and to exclude certain individuals or groups. 

One way to prevent this perception is to hold informal meetings with those

organizations who express concern about being left out of the process.

Irate groups or individuals also may accuse your staff of telling different

stories to different groups at these small meetings. You can avoid this

criticism by inviting a cross-section of interests to each small meeting or by

having a large public meeting. Alternatively, you can keep a written record

of the informal discussions and make it available upon request or include it

in the information repository. A record of discussions is required for any

legally-required meetings held during the public comment period.
Chapter 5: Public Involvement Activities Page 5-116

Checklist for Informal Meetings with Other Stakeholders

 Determine purpose of meeting

 Determine number of attenders: 

 Determine location(s) for meeting (complete for each available facility)

 Facility name, location 

 Contact person at facility 

 Phone number 

 Occupancy size 

 Handicap accessibility 

 Features:

 Restrooms

 Public telephones

 Adequate parking

 Determine date, time of meeting:

Date: 

Time: 

 Identify interested citizens and officials

 Contact citizen groups, invite a representative to the meeting

 Prepare meeting agenda

 Overview of project

 Identify decision-makers

 Allow time for discussion, question/answers

 Follow-up
Chapter 5: Public Involvement Activities Page 5-117

Public Meetings

Regulatory

Requirements

The pre-application meeting that a permit applicant is required to conduct

under § 124.31 is a type of public meeting, though it need not be restricted

to the type of meetings described in this section. In some cases, different

meeting formats will fulfill the requirements (see “The Pre-Application

Meeting” in Chapter 3). Permit holders are also required to hold public

meetings when requesting a class 2 or 3 permit modification under §

270.42(b) or (c).

Description of Activity Public meetings are not public hearings. Public hearings are regulatory

requirements that 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 permitting agency and/or the

facility 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 complex or detailed issues.

Public meetings sometimes complement public hearings. Public meetings

can be especially useful for allowing discussion before a public hearing and

can be scheduled immediately before the hearing (workshops, see below,

can also fulfill this need). Comments made during a public meeting do not

become part of the official administrative record as they do during a

hearing. Public meetings provide two-way communication, with

community members asking questions and the permitting agency providing

responses. Unlike the activity in the section above (“Informal Meetings

with Other Stakeholders”), public meetings are open to everyone. 

While public meetings are usually called and conducted by the permitting

agency (e.g., before public hearings) or the facility (e.g., during permit

modification procedures), it is common for civic, environmental, and

community organizations to hold public meetings where ideas can be

discussed freely. 

EPA’s regulations require several specific public meetings. Section 124.31

calls on prospective permit applicants to announce and hold an informal

public meeting prior to submitting a permit application. The permitting

agency is not required to attend the meeting. See Chapter 3 for more

information about the pre-application meeting. Permittees are required to

hold public meetings when requesting a class 2 or 3 modification under §

270.42.

Level of Effort While a public meeting should require less planning than a public hearing,

it may take several days to a week to arrange the location and logistics. See
Chapter 5: Public Involvement Activities Page 5-118

the “Public Notice” section above in this chapter to determine the resources

you will need to announce the meeting. Other activities include preparing

and copying materials for distribution. You may be able to distribute some

of the same materials at the meeting and the public hearing (if applicable).

How to Conduct the

Activity

To hold a public meeting, you will follow many of the same steps as for a

public hearing (see Chapter 3 for specific guidance regarding preapplication meetings under § 124.31):

1. Anticipate the audience and the issues of concern. Identify the

audience's objectives, expectations, and desired results. With this

information you will know what topics to spend time on and what

materials and exhibits to provide. If a part of your audience does not

speak English, arrange for a translator.

2. Schedule the meeting location and time so that citizens (particularly

handicapped individuals) have easy access. Ensure the availability of

sufficient seating, microphones, lighting, and recorders. Hold the

meeting at a time and place that will accommodate the majority of

concerned citizens.

3. Announce the meeting at least 30 days before the meeting date. 

Provide notice of the hearing in local newspapers, broadcast media,

signs, and mailings to interested citizens (you can find requirements

for pre-application meetings in § 124.31(d)). Choose communication

methods that will give all segments of the community an equal

opportunity to participate. Use multilingual notices where

appropriate. Make follow-up phone calls to interested parties to

ensure that the notice has been received. Provide the name of a

contact person.

4. Make relevant documents available for public review. If you are a

permittee requesting a class 2 or 3 permit modification, you must

place a copy of the modification request and supporting documents in

a location that is publicly accessible and in the vicinity of the facility

(see § 270.42(b)(3) and (c)(3)). Announce the location in the public

notice for the meeting. For other public meetings, you should

consider making important documents available prior to the meeting.

5. Provide an opportunity for people to submit written questions

and comments. Not all individuals will want, or be able, to attend

the meeting. Announce in public notices and mailings that written

comments and questions can be submitted to the contact person. You

may want to raise some of these written comments and questions at

the public meeting.

6. Post a sign-up sheet so that attendees can voluntarily provide their

names and addresses. If you are a permit applicant holding a preapplication meeting under § 124.31, you can use this sheet to produce
Chapter 5: Public Involvement Activities Page 5-119

and submit an attendee list as part of your part B application (as

required under § 124.31© and § 270.14(b)(22)). The permitting

agency will use the attendee list to help generate the facility mailing

list. 

7. Take notes about the major issues of concern and prepare a

summary of all oral and written comments. If you are a permit

applicant holding a pre-application meeting under § 124.31, you must

submit a summary of the meeting as part of your part B permit

application (as required under § 124.31© and § 270.14(b)(22)). For

other public meetings, you should make a summary available for

public review and announce where it is available.

When to Use Some permitting agencies have had success in holding public meetings

prior to a public hearing. Public hearings are often “staged” events with

little opportunity for new input or discussion. Some participants have

criticized them as opportunities for grandstanding. Public meetings, on the

other hand, allow 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 or corrective

action process.

If you are a permit applicant required to hold a pre-application meeting

under § 124.31, the public meeting format is one option you can use. Refer

to the discussion in Chapter 3 for more information.

Accompanying

Activities

Provide public notice of the meeting and designate a contact person. 

Fact sheets and exhibits can inform people about permitting issues at

public meetings. You may also consider establishing an information table

where people who may feel uneasy speaking during the meeting can ask

questions and pick up materials. Another option is to make your staff

available after in the meeting, in the same manner as an availability

session or an open house. Information repositories can complement the

meeting by making important documents available for public review.

Advantages and

Limitations

A public meeting provides a forum where interested people can ask

questions and discuss issues outside of the formality of a public hearing. 

They are flexible tools that are open to everyone.

Some citizens may be reluctant to speak up at public meetings. You can

address this concern by providing one-on-one access to your staff via an

information table or an open house, or by scheduling informal meetings. 

Public meetings, like public hearings, could become adversarial.
Chapter 5: Public Involvement Activities Page 5-120

Checklist for Public Meetings

(As applicable):

 Determine location for public meeting 

 Facility name, location 

 Contact person at location 

 Phone number 

 Occupancy size 

 Handicap accessibility 

 Features:

 Restrooms

 Public telephones

 Adequate parking

 Security

 Determine date, time of public meeting:

Date: 

Time:

 Confirm availability at location (if location is not available, determine new location or new date)

 Announce the public meeting. (Pre-application meetings under § 124.31 must be announced

through a display advertizement in a newspaper of general circulation, over a broadcast medium,

and through a sign posted on or near the site of the facility or proposed facility).

 Contact local officials

 Notify key agencies and other stakeholder groups

 Provide an opportunity, in the notice, for people to submit written comments

 Determine whether a translator is needed

 Determine presentation requirements (depending upon the specific requirements of your

presentation, some of these items may be optional)

 Electrical outlets

 Extension cords
Chapter 5: Public Involvement Activities Page 5-121

Checklist for Public Meetings (continued)

 Accessible lighting control panel

 Podium

 Stage

 Table(s) and chairs for panel

 Table skirt

 Sign-up sheet for the mailing list. (If you are conducting a pre-application meeting under §

124.31, you are required to provide a sign-up sheet or another means for people to add their

names to the facility mailing list. You must provide the sheet to the permitting agency as a

component of your part B permit application).

 Water pitcher and glasses

 Sound system

 Microphones (stand, tabletop)

 Cables

 Speakers

 Technician/engineers available for hearing

 Visual aids

 Slides

 Slide projector

 Extra projector bulbs

 Flip chart

 Flip chart markers

 Overhead transparencies

 Overhead machine

 VCR and monitor

 Screen

 Table for projection equipment
Chapter 5: Public Involvement Activities Page 5-122

Checklist for Public Meetings (continued)

 Security personnel (if necessary)

 Table for meeting recorder (who will produce a meeting transcript or summary)

 Registration table

 Registration cards

 Writing pens

 Signs 

 Miscellaneous supplies:

 Scissors

 Tape (masking, transparent)

 Thumbtacks

 Public information materials (fact sheets, etc.)

 Prepare meeting agenda. (Facility owners/operators conducting a pre-application meeting under

§ 124.31 should refer to chapter 3 of this manual for information on the subjects they should

cover during the meeting).

 Arrange contingency planning. Decide what to do if:

 C more people show up than capacity

 C equipment malfunctions 

 Prepare the meeting summary/transcript and make it available to the public. (Facility

owners/operators conducting a pre-application meeting under § 124.31 must provide the summary

to the permitting agency as a component of the part B application). 
Chapter 5: Public Involvement Activities Page 5-123

Public Hearings

Regulatory

Requirements

Public hearings are required if requested (§ 124.11) by the public during the

draft permit stage, during an agency-initiated modification under § 270.41,

or a Class 3 permit modification under § 270.42(c)(6). The agency will

also hold a public hearing at the draft permit stage when there is a high

level of public interest (based on requests), or when the agency thinks that

the hearing might clarify relevant issues (§ 124.12). The agency will also

hold a hearing if these conditions apply during closure or post-closure at

interim status facilities (§§ 265.112(d)(4) and 265.118(f)). 

Description of Activity 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. 

In contrast to a public hearing, a public meeting (see above in this

Chapter) is intended to provide two-way discussion and is not always

recorded for the public record. 

Permittees and facility staff have no official role during a hearing. The

hearing is a regulatory requirement of the permitting agency.

Level of Effort Several days to a week may be required to arrange for a public hearing,

including the location, hearing logistics, and agenda preparation. Other

activities include preparing the notice for the hearing, conducting a dry-run

of the hearing, and preparing and copying materials.

How to Conduct the

Activity

To conduct public hearings:

1. Anticipate the audience and the issues of concern. Identify the

audience's objectives, expectations, and desired results. With this

information you can determine whether the hearing is likely to be

confrontational, or if the audience will need more detailed

information about a permit or corrective action. If a part of your

audience does not speak English, arrange for a translator.

2. Schedule the hearing location and time so that citizens (particularly

handicapped individuals) have easy access. Identify and follow any

procedures established by the local and state governments for public

hearings. Ensure the availability of sufficient seating, microphones,

lighting, and recorders. Hold the hearing at a time and place that will

accommodate the majority of concerned citizens.

3. Arrange for a court reporter to record and prepare a transcript of
Chapter 5: Public Involvement Activities Page 5-124

the hearing.

4. Announce the public hearing at least 30 days before the hearing

date. Provide notice of the hearing in local newspapers and mailings

to interested citizens. Under § 124.10(b), you may combine the

hearing notice with the draft permit notice. Make follow-up phone

calls to interested parties to ensure that the notice has been received.

5. Provide an opportunity for people to submit written comments.

Not all individuals will want to provide oral testimony. Publicize

where written comments can be submitted and how they will be

reviewed.

6. Prepare a transcript of all oral and written comments. Announce

where the transcript will be available for public review.

The following are general tips on conducting public hearings:

Be clear and up front with meeting format and logistics. Public

hearings are very limited in the amount of information that is exchanged

and the extent to which responses are given. Participants should not expect

the question and answer format found in public meetings.

Establish meeting format. Public hearings should be managed by a

hearings officer or moderator, whose responsibility it is to ensure that all

comments are taken for the public record.

Establish a speakers list. A moderator should develop a list of

speakers from the list of respondents to public notices (e.g., those

responding to a notice saying, "those wishing to be placed on the list

of commenters should contact ...") and/or by asking those wishing to

speak to identify themselves on a sign-up list on the way into the

hearing. While limiting commenters to a pre-developed list may be

inappropriate, such lists serve as valuable management tools in

bringing forward commenters in an orderly and expeditious manner.

Establish time limits for commenters. A moderator should establish a

set time limit for an individual to make comments. Typically the

limit is five minutes or less. Those wishing to make more detailed

comments should be encouraged to submit their comments in writing.

Establish time limits (if any) for the hearing. Based on your speakers

list, and assuming a limited speaking time for individual commenters,

the moderator may establish time limits (if any) on the hearing. Most

hearings last between two and five hours. However, for very

controversial topics, public hearings have been known to extend over

a period of days.

Interacting with commenters. Because comments become part of the

public record, the moderator should ask all commenters to give their
Chapter 5: Public Involvement Activities Page 5-125

names and addresses. If there is doubt about spelling, the moderator

should ask the commenters to spell names or street names. In cases

where there may be litigation, it is common practice to further request

that anyone legally representing any party as part of the permit

process or decision identify that fact.

When giving the floor to a commenter, the moderator should also note

the person's name, so that he/she can thank the commenters by name

at the conclusion of the comment (e.g., "Thank you for those

comments, Ms. Smith.").

Speakers from the permitting agency. There are no set rules for who

should participate or speak at a public hearing. In the spirit of the

law, the participants from the agency should be those who will be

most involved with making the actual decision -- that is, the permit

writer, and senior staff who will weigh all information, including

these public comments, prior to reaching a final decision. Speakers

from the agency should be limited to explaining briefly the decision

being made (e.g., "We are here to discuss a proposed modification to

the facilities permit to conduct the following activities...").

When to Use C When requested by a member of the public during a public comment

period on a permit, closure, or corrective action. Once requested,

hearings require a minimum 30-day advance notice.

C Public hearings are usually conducted during the public comment

period following the issuance of a draft permit, major permit

modification, or at the selection of a proposed corrective measure.

C Public hearings may be appropriate at other times during the process,

especially if the level of community concern warrants a formal record

of communication.

Accompanying

Activities

Public notices distributed to the mailing list and published in local

newspapers are used to announce hearings to the public. If a hearing is

held to solicit comments on either a draft permit decision or proposed

corrective measure, the agency must prepare a response to comments. 

The response to comments documents all submitted public comments and

includes the agency's responses. An educational workshop or public

meeting may be useful shortly before the public hearing to explain key

issues of the proposed decision or corrective measure and respond to citizen

concerns.

Advantages and

Limitations

A 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. They occur at

the end of a process that should have provided earlier public access to

information and opportunities for involvement. Earlier opportunities
Chapter 5: Public Involvement Activities Page 5-126

should answer most questions and arguments that are based on curiosity,

emotion, sensationalism, or a lack of knowledge about the situation, thereby

freeing the hearing for factually-based questions. Meet citizens' needs for

information before a formal hearing with techniques such as fact sheets,

small-group meetings, and one-on-one briefings.

The formality of a public hearing often creates an atmosphere of "us versus

them." There may be little opportunity to interact with citizens. This may

be frustrating to some; however, informal gatherings and question and

answer sessions are often effective ways to interact with the public on an

interpersonal level. A variety of informal techniques, ranging from talking

to citizens groups to holding workshops, are discussed throughout this

chapter.

Public hearings can easily become adversarial. One way to avoid hostility

or confrontation is to make sure the community has had an opportunity to

express concerns in a less formal setting prior to the hearing. More

frequent contact with concerned citizens before a formal public hearing will

reduce the likelihood of a confrontation.
Chapter 5: Public Involvement Activities Page 5-127

Checklist for Public Hearings

(As appropriate):

 Determine location(s) for public hearing 

 Facility name, location 

 Contact person at facility 

 Phone number 

 Occupancy size 

 Handicap accessibility 

 Features:

 Restrooms

 Public telephones

 Adequate parking

 Security

 Determine date, time of public hearing:

Date: 

Time:

 Confirm hearing facility availability (if facility not available, determine new facility or new

hearing date)

 Announce the public hearing through a public notice in at least one newspaper 30 days prior to

the hearing

 Contact local officials

 Notify key agencies

 Determine presentation requirements (depending upon the specific requirements of your

presentation, some of these items may be optional)

 Electrical outlets

 Extension cords

 Accessible lighting control panel
Chapter 5: Public Involvement Activities Page 5-128

Checklist for Public Hearings (continued)

 Podium

 Stage

 Table(s) and chairs for panel

 Table skirt

 Water pitcher and glasses

 Sound system

 Microphones (stand, tabletop)

 Cables

 Speakers

 Technician/engineers available for hearing

 Visual aids

 Slides

 Slide projector

 Extra projector bulbs

 Flip chart

 Flip chart markers

 Overhead transparencies

 Overhead machine

 VCR and monitor

 Screen

 Table for projection equipment

 Security personnel
Chapter 5: Public Involvement Activities Page 5-129

Checklist for Public Hearings (continued)

 Table for court reporter

 Registration table

 Registration cards

 Writing pens

 Signs 

 Miscellaneous supplies:

 Scissors

 Tape (masking, transparent)

 Thumbtacks

 Public information materials (fact sheets, etc.)

 Prepare meeting agenda

 Determine hearing participants/speakers

 Prepare opening comments for hearing officer

 Arrange contingency planning, decide what to do if:

 C more people show up than capacity

 C the crowd becomes disruptive

 Coordinate with public involvement coordinator on notification of the media

 Set date and time for debriefing following the hearing
Chapter 5: Public Involvement Activities Page 5-130

Availability

Sessions/Open

Houses

Regulatory

Requirements

None. (In some cases, an availability session or an open house may fulfill

the pre-application meeting requirement under § 124.31, as long as the

meeting achieves the standards of that section. See “The Pre-Application

Meeting” in Chapter 3 for more detail.)

Description of Activity 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 their 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 citizens to talk

with representatives from 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 organizations.

Level of Effort An availability session/open house may take two to three days to plan and

conduct. Allow sufficient time to select a date, time, and location for the

meeting, plan for the session, prepare supporting materials, and meet with

and brief your staff who will attend the meeting. You should plan for about

five hours for the actual session.

How to Conduct the

Activity

To conduct an availability session/open house:

1. Select a date, time, and location for the availability session/open

house that encourages attendance. Evening hours usually are

preferable. The location should be in an easily accessible building

familiar to residents (such as a public library, school, or local meeting

room).

2. Anticipate the number of attenders and plan accordingly. If a

large number of people is expected, consider the possibility of holding

two availability session/open houses to enable staff to meet and talk

with each attender. Alternatively, you can increase the number of

staff or the length of the availability session/open house. As a general

rule, planning for one staff member per 15-20 attenders should foster

an informal atmosphere for conversation, and thereby avoid the

situation where a staff member has to speak to a "crowd."
Chapter 5: Public Involvement Activities Page 5-131

3. Develop or gather together appropriate explanatory materials.

These materials may include poster boards, handouts, or fact sheets.

4. Publicize the availability session/open house at least two weeks

ahead of time, if possible. Send announcements to newspapers,

television and radio stations, citizens on the mailing list, and any

interested community organizations that publish newsletters.

5. Ensure that appropriate staff attend, so that citizens can meet

those who will be responsible for facility activities. The staff present

should be able to answer both technical and policy questions.

6. Meet with and brief staff and rehearse for the session. Anticipate

questions that may be asked during the session and prepare answers.

When to Use An availability session/open house is most appropriate:

C When scheduling of meetings is difficult because of community

members' schedules;

C When new information is available on several different

technical or regulatory issues that would make explaining it in

its entirety would be too long for a more formal meeting;

C When community members have widely varying interests or

levels of knowledge;

C When an informal setting is appropriate to enhance your

credibility with the community;

C When staff is available;

C When larger crowds will make it difficult for certain members

of the public to raise questions; and

C In some cases, to fulfill the pre-application meeting

requirements in § 124.31 (see “Regulatory Requirements” above

in this section).

Accompanying

Activities

Exhibits and fact sheets can provide background information that enables

citizens to ask more informed questions about the facility during the

availability session/open house.

Advantages and

Limitations

The one-to-one conversations during an availability session/open house can

help build trust and establish a rapport between citizens and project staff. 

An informal, neutral setting will keep officials and the public relaxed and

make communications smoother. Citizens can find out more about all

viewpoints concerning a permitting action if public interest groups, civic
Chapter 5: Public Involvement Activities Page 5-132

organizations, agency officials, and facility staff are present at the session. 

Planning and conducting an availability session/open house can require a

significant amount of staff time. A low turnout may not justify the effort. 

Hence, community interest in the site should be significant before an

availability session/open house is planned.
Chapter 5: Public Involvement Activities Page 5-133

Checklist for Availability Sessions/Open Houses

(* If you are conducting this activity to fulfill the requirements of § 124.31, the activity must meet the

standards of that section. See Chapter 3 for more information).

(As appropriate):

 Determine location(s) for meeting (complete for each available facility)

 Facility name, location 

 Contact person at facility 

 Phone number 

 Occupancy size 

 Handicap accessibility 

 Features:

 Restrooms

 Public telephones

 Adequate parking

 Determine date, time of meeting:

Date: 

Time:

 Prepare draft notice (public notice, flier)

 Coordinate internal review of notice

 Prepare final notice

 Determine what officials will attend availability session/open house

 If applicable, coordinate with other organizations that will be available at the session

 Notify citizens of availability session/open house

 Direct mailing to citizens on facility mailing list

 Verify that mailing list is up-to-date

 Request mailing labels

 Public notice in local newspaper(s)

 Prepare handouts, other informational material for availability session/open house
Chapter 5: Public Involvement Activities Page 5-134

Workshops

Regulatory

Requirements

None.

Description of Activity Workshops are seminars or gatherings of small groups of people (usually

between 10 and 30), led by a small number of specialists with technical

expertise in a specific area. In workshops, participants typically discuss

hazardous waste issues where citizens comment on proposed response

actions and receive information on the technical issues associated with the

permitting process and the RCRA program in general. Experts may be

invited to explain the problems associated with releases of hazardous

substances and possible remedies for these problems. Workshops may help

to improve public understanding of permit conditions or hazardous waste

problems at a facility and to prevent or correct misconceptions. Workshops

also may identify citizen concerns and encourage public input.

Level of Effort A one-day workshop may take about three days to a week to plan and

execute. Another day will probably be required to follow up on any issues

that arise during the workshop.

How to Conduct the

Activity

To conduct a workshop:

1. Determine the focus of the workshop. Decide what topic or topics

will be covered in either one or more workshops. Suggested topics

include: purpose of RCRA; description of the permit process or

corrective action program; proposed remedies; risk assessment;

identified health or environmental problems; and/or method and

format for receiving citizen comments on the proposed or ongoing

actions. Determine what staff will be needed at each workshop and

whether any outside experts will be needed.

2. Plan the workshop. Decide ahead of time on a minimum and

maximum number of participants. If there are too few, consider

holding an informal meeting and postpone the workshop until

additional interest develops. Identify a convenient location and time

for the workshop, and set a date that does not conflict with other

important meetings or interests (for example, town council meetings,

high school sporting events).

3. Announce the workshop by publishing a notice well in advance (at

least 3 weeks) in the local newspapers. Send a notice of workshops

with mailings to all citizens on the facility mailing list and distribute

posters around town. Send out invitations and registration forms to
Chapter 5: Public Involvement Activities Page 5-135

concerned citizens. Provide for multiple registrations on each form to

accommodate friends who also might be interested in the workshop. 

Emphasize that the number of participants is limited, and provide a

deadline for registration.

When to Use Workshops are appropriate:

C When the RCRA process needs to be explained to community

members interested in participating in the process;

C When specific topics needs to be discussed in detail, especially

health or risk assessment issues; and

C When technical material needs to be explained and feedback

from the community is important to make sure that citizens

understand the material.

Accompanying

Activities

Workshops can be conducted before formal public hearings or during

public comment periods to give citizens some ideas on developing and

presenting testimony. Fact sheets and exhibits can complement the

workshop.

Advantages and

Limitations

Workshops provide more information to the public than is possible through

fact sheets or other written materials. Workshops have proven successful

in familiarizing citizens with key technical terms and concepts before a

formal public meeting. Workshops also allow two-way communication,

making them particularly good for reaching opinion leaders, interest group

leaders, and the affected public.

If only a limited number are held, workshops can reach only a small

segment of the affected population. 

When planning a workshop, you should make sure that it is announced in

local newspapers, to help ensure that it will be well-attended. In addition, it

may be helpful to specifically invite all residents who have expressed an

interest in the site.
Chapter 5: Public Involvement Activities Page 5-136

Checklist for Workshops

(As appropriate):

 Determine purpose of workshop 

 Determine number of attenders 

 Plan the workshop

 Identify topics to be presented

 Identify agency officials to present topics, handle registration

 Prepare handouts, other informational materials

 Determine location(s) for workshop (complete for each available facility)

 Facility name, location 

 Contact person at facility 

 Phone number 

 Occupancy size 

 Handicap accessibility 

 Features:

 Restrooms

 Public telephones

 Adequate parking

 Determine date, time of workshop:

Date: 

Time: 

 Prepare draft notice announcing workshop (public notice, flier)

 Coordinate internal review of notice

 Prepare final notice
Chapter 5: Public Involvement Activities Page 5-137

Checklist for Workshops (continued)

 Notify citizens of workshop

 Direct mailing to citizens on facility mailing list

 Verify that mailing list is up-to-date

 Request mailing labels

 Public notice in local newspaper(s)

 Determine presentation requirements

 Electrical outlets

 Extension cords

 Accessible lighting control panel

 Window covers

 Podium

 Stage

 Table(s) and chairs for panel

 Water pitcher and glasses

 Sound system

 Microphones (stand, tabletop, lavaliere)

 Cables

 Speakers

 Technician/engineers available for hearing

 Visual aids

 Slides

 Slide projector
Chapter 5: Public Involvement Activities Page 5-138

Checklist for Workshops (continued)

 Extra projector bulbs

 Flip chart

 Flip chart markers

 Overhead transparencies

 Overhead machine

 VCR and monitor

 Screen

 Table for projection equipment

 Registration table

 Registration cards

 Writing pens

 Signs 

 Miscellaneous supplies:

 Scissors

 Tape (masking, transparent)

 Thumbtacks

 Public information materials (fact sheets, etc.)

 Arrange and conduct at least one rehearsal
Chapter 5: Public Involvement Activities Page 5-139

Attending Other

Stakeholder

Meetings and

Functions

Regulatory

Requirements

None. (The permitting agency may need to attend public meetings held by

the permittee under § 270.42 in order to respond to public comments on the

modification request. Agencies may also want to attend the applicant’s

pre-application meeting held under § 124.31. See the section on the “PreApplication meeting” in Chapter 3 for more detail.)

Description of Activity Permitting agencies, 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. As an involved stakeholder, you can learn more about the

views of other stakeholders by attending their meetings. You can join in

important discussions and provide information. Some groups may invite

you to give a presentation or a briefing.

Level of Effort The time you commit to attending other stakeholder meetings or functions

will depend on the level of your participation. Meetings can vary in length;

your resource commitment will be more substantial if you agree to give a

briefing or a presentation (see those sections of this chapter for more

information). You will need a few hours to prepare notes for your file after

the meeting.

How to Conduct the

Activity

If you decide to attend a meeting, you may want to inform the host

organization that you plan to attend the meeting. If you choose to identify

yourself at the meeting, be prepared to answer questions. You may want to

bring fact sheets or other information you can provide upon request. In any

case, be prepared to listen to the discussion and prepare notes for your files.

The host organization may ask you to provide a briefing or a presentation. 

See those sections of this chapter for more information. 

When to Use You may want to attend other stakeholders’ meetings when the meetings

are open and you want to learn more about the views held by other

stakeholders. In some cases, a group may invite your organization to attend

a meeting to provide input or answer questions. In such cases, you should

be prepared to answer questions or present the views of your organization.

If appropriate, you may want to make fact sheets available upon request at
Chapter 5: Public Involvement Activities Page 5-140

Accompanying

Activities

the meeting. Provide the name of a contact person. If you are

representing the permitting agency, let participants know about how to put

their names on the facility mailing list.

Advantages and

Limitations

Attending meetings or functions held by other stakeholders can provide

useful insight to other opinions and concerns. This information can help

you plan other public participation events and complement data you gather

from community interviews.

This activity should not be used in place of informal meetings or other

activities that may be more appropriate. If your attendance has the

potential to cause problems, make sure to contact the host before the

meeting. 
Chapter 5: Public Involvement Activities Page 5-141

Citizen Advisory

Groups

Regulatory

Requirements

None.

Description of Activity A Citizen Advisory Group (CAG) provides a public forum for

representatives of diverse community interests to present and discuss their

needs and concerns with government and/or the facility. Although CAGs

may come in many different forms and have different responsibilities and

roles, they are generally composed of a board of stakeholders that meets

routinely to discuss issues involving a particular facility. The purpose of a

CAG is usually to advise a facility owner/operator or the permitting agency

on permitting or corrective action activities.

CAGs can be a good way to increase active community participation in

environmental decision-making and provide a voice for affected

community members and groups. They promote direct, two-way

communication among the community, the permitting agency, and the

facility.

The make-up and mission of a CAG may vary -- there is no set formula

governing the make-up or responsibilities of the group. The best type of

CAG to use will depend on the situation. For instance, a citizen

organization may create a CAG of affected community members to provide

an official voice from 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. 

In establishing a CAG, it is important to bear in mind that the size of a

group can often have an impact on its effectiveness -- for example, too

large of a group can inhibit how efficiently it can work and come to

consensus on issues, and too small of 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 or corrective action issues. Nor does having a

CAG mean there will be no controversy during the process. However,

when decisions made by the facility or the permitting agency differ from

the stated preferences of a CAG, the facility or the agency should accept

the responsibility of explaining its decision to CAG members. 

RCRA regulations do not require the use of advisory groups; however, EPA

regulations do contain standards for advisory groups if EPA decides to

require them under 40 CFR. These standards are located in 40 CFR 25.7. 
Chapter 5: Public Involvement Activities Page 5-142

Although these standards may not apply to all types of advisory groups used

in conjunction with RCRA permitting, they provide useful guidance for

agencies, facilities, and public interest groups who may want to use

advisory groups. A copy of the part 25 regulations is available Appendix F. 

EPA’s Office of Emergency and Remedial Response has issued guidance

on the use of CAGs at Superfund sites (see Appendix E). Although there

are many differences between the Superfund and RCRA programs (most

notably that Superfund often deals with abandoned sites while RCRA

typically deals with existing or potential facilities), a large part of the

Superfund CAG guidance discusses CAG development, membership, and

training that may be applicable to some RCRA CAGs. Superfund

terminology and process aside, the guidance contains some very useful,

concise advice on various aspects of CAGs.

Although CAGs are a useful tool in many situations, they may not always

be appropriate. See the section “When to Use” below for a list of factors

you should consider before forming a CAG. 

Level of Effort CAGs can be a time-consuming and expensive endeavor. Membership

selection, meeting preparation and follow-up, information dissemination,

and training all take a lot of resources. Unlike the Superfund program,

agencies that implement RCRA cannot provide Technical Assistance

Grants (TAGs) to help defray the costs of CAGs.

How to Conduct the

Activity

See EPA’s Guidance for Community Advisory Groups at Superfund Sites

and 40 CFR § 25.7 (in Appendices E and F) for information on how to set

up CAGs. Keep in mind that CAGs under the RCRA program will differ

from CAGs under Superfund. You may want to obtain a copy of the

reference list of public participation and risk communication literature

(available through the RCRA Hotline or the RCRA Information Center in

Docket Number F-95-PPCF-FFFFF) to look for additional information

sources on this topic.

When to Use A CAG can be formed at any point in the permitting or corrective action

process, and may be most effective in the early stages. Generally, the

earlier a CAG is formed, the more members can participate in and impact

decision-making.

CAGs may not be appropriate in every situation. If you are considering use

of a CAG, you should consider the following factors:

C the level of community interest and concern;

C community interest in forming a CAG;

C the existence of groups with competing agendas in the community;
C environmental justice issues or concerns regarding the facility;

C the history of community involvement with the facility, or with

environmental issues in general; and

C the working relationship between the facility, the community, and the

permitting agency.

Accompanying

Activities

Depending on the make-up and the purpose of the CAG, you may want to

provide public notice, hold a public meeting, and issue a news release

before forming the CAG. The CAG may choose to provide public

participation activities (such as meetings, newsletters, or availability

sessions) as part of its mission.

Advantages and

Limitations

CAGs can increase active community participation in environmental

decision-making and provide a voice for affected community members and

groups. They promote direct, two-way communication among the

community, the permitting agency, and the facility and can highlight your

organization’s commitment to inclusive stakeholder input. 

CAGs can be time- and resource-intensive. CAGs that do not accurately

reflect or account for public concerns may lose support in the community. 

In addition, uncertainty about the group’s charter may cause conflict and

hard feelings. If you plan to use a CAG, the mission and responsibilities of

the CAG must be made clear from the start. Finally, CAGs can spend so

much time agreeing on procedures that they drive away people who are

concerned with substance. The need for elaborate procedures can be

sharply reduced if an advisory group agrees to work on a consensus basis

rather than by majority vote. 
APPENDIX H -- EXAMPLES OF RCRA NOTICES
March 4, 1996 Washington Post (page B5)

Example of a public notice placed as a display advertisement

INFORMAL PUBLIC MEETING

and FORMAL PUBLIC HEARING

on PROPOSED DISTRICT

DRINKING WATER ORDER

WHO: The United States Environmental Protection Agency, Region III

WHAT: EPA will conduct both an informal public meeting and a formal public hearing to

discuss the District of Columbia’s drinking water supply.

WHEN: Tuesday, April 9, 1996 Informal Public Meeting: 5-9 pm

Wednesday, April 17, 1996 Formal Public Hearing: 6:30-9 pm

WHERE: National Guard Association of the United States

“Hall of States” (first floor)

One Massachusetts Avenue, NW

Washington, DC 20001

WHY: On November 13, 1995, EPA issues a Proposed Administrative Order (PAO) to

the water system of the District of Columbia for violations of section 1414(g) of

the Safe Drinking Water Act [42 USC §3000-3(g)]. These sessions are authorized

under 40 CFR §25.5, §25.6 and §142.205.

The meeting will focus on concerns about drinking water produced by the US

Army Corps of Engineers’ Washington Aqueduct and distributed by the District of

Columbia Water Systems. Representatives of the Washington Aqueduct and DC

Drinking Water System will attend the meeting.

The hearing is to determine if the PAO: correctly states the nature and extent of

the District’s SDWA violations, and if the PAO provides, where appropriate, a

reasonable time for the District to comply with the SDWA and applicable rules. 

EPA will transcribe the hearing.

HOW: For further information and/or to obtain copies of the proposed Administrative

Order, call Joyce Baker at 1-800-438-2474 or 215-597-2460. The PAO is also

available for review at the Martin Luther King, Jr. Library, Southeast Branch, 403

7th Street, SE, Washington, DC 20003. 
P.O. Box 337, Bridgeport, NJ 08014, 609/467-3100 General Offices, 609/467-3105 Sales Office

PUBLIC NOTICE OF HSWA PERMIT MODIFICATION REQUEST

Rollins Environmental Services (NJ) Inc. [RES(NJ)] submitted a request on January 25, 1996 to the U.S.

Environmental Protection Agency (EPA) for modification of its Hazardous and Solid Waste Amendments of

1984 (HSWA) Permit. The facility, located in Logan Township, New Jersey includes hazardous waste

storage, transfer and treatment units. In this modification request, RES(NJ) is seeking authorization to

continue to receive sixty-four newly listed wastes designed as hazardous wastes by EPA on August 9, 1995.

The public is invited to submit written comments on this request to the following Agency contact through the

60-day period ending March 25, 1996:

Ms. Ellen Stein

U.S. Environmental Protection Agency

Air & Waste Management Division

290 Broadway, 22nd Floor

New York, NY 10007-1866

(212) 637-4114

The permittee’s compliance history during the life of the permit being modified is available from the Agency

contact person.

A copy of the permit modification request and supporting documentation may be viewed and copied at the

following location:

Logan Township Municipal Building

73 Main Street

Bridgeport, New Jersey 08014

Please call Ms. Elizabeth Bullock, Township Clerk, at 467-3424 to schedule your visit to the Municipal

Building.

RES(NJ) will hold a meeting open to the public on Tuesday, February 13, 1996 at 4:00 pm for the purpose of

describing the request and to address comments on the request. The meeting will be held at the Bridgeport

Holiday Inn at Exit 10 of Interstate 295.

The RES(NJ) contact person is:

Mr. Gerard V. Hartig

Rollins Environmental Services (NJ) Inc.

P.O. Box 337

Bridgeport, New Jersey 08014

(609) 467-3100
Squibb Manufacturing, Inc.

P.O. Box 609 Humacao Puerto Rico 00092-0609

Tel. (809) 852-1255 Fax (809) 852-3800

March 21, 1995

FEDERAL EXPRESS

Mr. Richard Yue

U.S. Environmental Protection Agency

Hazardous Waste Facilities Branch

290 Broadway

New York, NY 10007

Dear Mr. Yue:

Re: Squibb Manufacturing Inc.

RCRA Permit Application

Pursuant to your request today, I am please to submit for your consideration and records, copy

of documents generated since early 1995 related to our RCRA Permit Renewal Application. 

These documents are attached and consist of the following:

Annex 1

Correspondence dated January 18, 1995.

Leaflet distributed among residents of Villa Humacao and El Junquito, advising them that:

a. SMI filed a RCRA Permit Renewal Application at EPA and EQB

b. EPA will soon publish public notice announcing the date and time for a public

meeting related to the renewal process

c. copy of the documents are in the Public Library

d. the general community is welcome to participate in these proceedings
Annex 2

Correspondence dated January 26, 1995.

Leaflet distributed among residents of El Junquito inviting them to a community meeting to be

held on January 31, 1995, to discuss environmental issues including the RCRA Permit Renewal

Application. (A similar meeting was held at the request of Villa Humacao residents during

December, 1994).

Annex 3

Copy of a January 25, 1995 newspaper article in Humacao’s El Oriental, related to our

application and inviting the Humacao community to request any desired information

pertaining to the application maintained in the Public Library and the Plant.

Additionally, we advised the community of a meeting to be held at El Junquito and the

planned EPA Public Meeting.

Annex 4

(Not included)

Annex 5

Copy of correspondence dated January 30, 1995. SMI requests WALO radio station to notify

the Humacao community of the forthcoming January 31, 1995 meeting at El Junquito and the

February 8, 1995 Public Meeting.

Annex 6

Copy of public notice published on February 1, 1995 in Humacao’s El Oriental regarding EPA’s

February 8, 1995 Public Meeting.

Annex 7

Copy of a February 8, 1995 newspaper article published in Humacao’s EL Oriental, related to

our waste management activities and the particulars of the permit renewal process.
Annex 8

Copies of correspondence addressed to Humacao community leaders and government

officials which served as cover letters to the four-volume RCRA Permit Renewal Application

deliver individually and by-hand.

Please advise if I may be of further assistance.

Sincerely,

Julio Ortiz Torres

Environmental Affairs Manager

JOT/c

Attachments

Yue
SQUIBB MANUFACTURING, INC.

15 de enero de 1995

Estimados vecinos:

Squibb Manufacturing, Inc., en su compromiso con la comunidad de Humacao, desea por

este medio informarles que ha radicado su solicitud de renovación de permiso como facilidad de

manejo de desperdicios sólidos peligrosos ante la Agencia de Protección Ambiental Federal (EPA

pos sus siglas en inglés).

Próximamente la EPA anunciara el día y el lugar donde se celebrara una reunión pública

con el prepósito de informar sobre la renovación de Squibb y las oportunidades que tiene el

publico en general de revisar la solicitud de renovación de permiso y posteriormente someter sus

comentarios de conformidad con la reglamentaciones federal. Copia de la solicitud de renovación

ya está disponible para el público en la Biblioteca Municipal de Humacao, Puerto Rico (Te.

850-6446) y en nuestras facilidades en la Carretera #3 Km., 77.5 en Humacao.

Squibb invita a la comunidad en general a participar en el proceso y está en la mejor

disposición de proveer cualquier información u orientación sobre este asunto, en cuyo caso

pueden comunicarse con el Ing. Julio Ortiz-Torres, Gerente de Asuntos del Ambiente, al teléfono

850-6731.

Héctor J. Totti

Gerente General

Annex 1
Squibb Manufacturing, Inc.

P.O. Box 609 Humacao Puerto Rico 00792-0609

Tel. (809) 852-1255 Fax (809) 852-3800

25 de enero de 1995

Estimados vecinos:

Cordialmente los invitamos a nuestra próxima reunión de comunicación con la

comunidad a llevarse a cabo martes, 31 de enero de 1995, comenzando a las 7:00

de la noche en el Centro de Reuniones del Comité de Seguridad Vecinal en

Junquito. Esa noche compartiremos con ustedes información relacionada con

asuntos ambientales de suma importancia para la comunidad.

Los esperamos,

Sinceramente,

Héctor J. Totti

Gerente General

Annex 2
En defensa del Incinerado

 “Las facilidades para el manejo de los el ejecutivo de la plana aseguró que Agencia Federal de Protección En diciembre pasado se realizó una de

desperdicios peligrosos que opera fueron diseñadas y construídas, “y se Ambiental (EPA pos sus siglas en estes reuniones en la urbanización Villa

Squibb Manufacturing Inc. en operan y se mantienen”, en inglés). “Esta facilidad lleva operando Humacao y próximamente, según

Humancao, complen con los estrictos conformidad con las estrictas desde los años 60", puntualizó. anunció, se estará realizando otra en al

controles reglamentarios e lay ley disposiciones reglamentarias que Según el ejecutivo, el único efecto comunidad del Junquito.

federal”, sostuvo el gerente general de impone la Ley Federal de Desperdicios que tendría la renovación del permiso “Además la EPA tiene programado

esta planta, Héctor Totti, en un Peligrosos. sería el de permitirle a la Squibb una reunión sobre este asunto, para

comunicado de prensá enviado a El Totti descartó la percepción de que la continuar disponiendo en su planta de principios de febrero próximo, reveló.

Oriental. operación es una nueva; señalando que los desperdicios peligrosos que resultan Totti extendió una invitación a la

 Sobre las mencionadas facilidades de lo que su ompañía ha hecho es radicar del proceso de manufactura de los comunidad en general para que

desperdicios sólidos que despuntan una solicitud de renovación de permiso productos farmaceúticos. participar de este proceso y reliero “el

como el foco de una nueva controversia como facilidad de manejo “de “Los incineradores son indispensables compañía de la Squibb Manufacturing

ambiental en la región, desperdicios peligrosos ante la para continuar nuestras actividades de de p?? Information y aclarar dudas que

manufactura”, señaló el gerente, sobre el proyecor”.

agregando que; “conforme a nuestro A estos efectos, ofreció el número de

compromiso de mantener informada a teléfono, 850-6731, a donde pueden

la comunidad sobre este extenso aquellos intersados en ob información

proceso”, se han programado una serie sobre el mismo, e inu que existe una

de reuniones con varios sectores de la copía de la solicitud de renovación,

comunidad. disponible en la Biblioteca Municipal de

Humacao, la JCA y propia planta. 

Source: 8- El ORIENTAL - 25 de enero del 1995

Annex 3 
Squibb Manufacturing, Inc.

P.O. Box 609 Humacao Puerto Rico 00792-0609

Tel. (809) 852-1255 Fax (809) 852-3800

30 de enero de 1995

Sa. Mercy Padilla

WALO Radio Oriental

Call Box 1240

Humacao, Puerto Rico 00792

Estimada Sa. Padilla:

Nos hacemos eco de la preocupación expresada por la Sra. Ferrer y Sra. Martínez en torno

a la remoción de letreros y cruzacalles de su área vecinal.

Squibb no promueve y condena este tipo de acción ya que apoya totalmente la libre

expresión de todos los sectores de la comunidad. Es por eso que estamos promoviendo un

diálogo abierto entre todos para dilucidar y aclarar todas las dudas en cuanto al proceso de

renovación de permisos.

Estamos participando en reuniones con las comunidades adyacentes. La próxima reunión

es el martes, 31 de enero, con los residentes de la Comunidad de Junquito en el Centro de

Seguridad Vecinal a las 7:00 p.m. El miércoles, 8 de febrero, la EPA celebrará una reunión

en el Caracolillo con el objetivo de darle toda la información relacionada con este proceso.

Exhortamos a todos los vecinos de estas comunidades a asistir a estas reuniones para que

puedan aclarar dudas y expresar sus preocupaciones.

Sinceramente,

Julio Ortiz-Torres

Gerente, Asuntos del Ambiente

Annex 5
Annex 6

GOVERNMENT OF PUERTO RICO/

OFFICE OF THE GOVERNOR

PUBLIC NOTICE

U.S. ENVIRONMENTAL PROTECTION AGENCY

26 FEDERAL PLAZA- REGION II

NEW YORK, NEW YORK 10278

PUBLIC NOTICE: PN #: DATE: JANUARY 27, 1995

EPA I.D. NUMBER: PRD090021056

NOTICE OF RECEIPT OF RCRA PART B PERMIT RENEWAL APPLICATION

 AND HAZARDOUS WASTE INCINERATOR RISK ASSESSMENT REPORT

Notice is hereby given that the U.S. Environmental Protection Agency (EPA) Region II, is in receipt of the Resource

Conservation and Recovery Act (RCRA) Part B permit renewal application dated September 1, 1994, and the hazardous

waste incinerator risk assessment report dated October 7, 1994, submitted by:

The Squibb Manufacturing Incorporated

State Road No. 3, Km 77.5

P.O. Box 609

Humacao, Puerto Rico 00792

Attention: Mr. Hector J. Totti, Vice President

The Squibb Manufacturing Incorporated (“Squibb”) operates a pharmaceutical manufacturing facility which

produces drugs for human consumption. The facility has been in operation since 1970. A permit was issue to Squib

effective on March 1, 1990 by EPA under the authority of the Resource Conservation and Recovery Act (RCRA), (42 U.S.C.

_ 6901 et seq.), as amended by the hazardous and solid waste amendments of 1984 (HSWA), for the management of six

(6) above-ground hazardous waste storage tanks, and the operation of two (2) incinerator units (the “trane” and “brule”).

The trane unit is permitted to incinerate hazardous waste, while the brule unit is permitted to incinerate only ignitable waste.

The brule unit is scheduled for closure in 1995. The current RCRA permit expires on March 1, 1995.

Squibb has applied to renew their permit for the management of hazardous wastes at the Humacao facility. Under

the RCRA permit renewal application, Squibb proposes to continue the operation of the trane incinerator treating hazardous

wastes. Addition, Squibb proposes to treat hazardous wastes in the existing caloric 1 incinerator and in a new caloric 2

incinerator which is currently being constructed. The three hazardous waste incinerator units that are included in the permit

renewal application (trane, caloric 1, and caloric 2) will burn hazardous waste generated solely from the Squibb facility. With

regards to the storage of hazardous wastes in the tank system, Squibb proposes to operate a new seventh (7) aboveground hazardous waste storage tank, along with the six(6) existing storage tanks.

This notice of the receipt of the RCRA permit renewal application is for the administrative record. The administrative

record consists of this notice, RCRA Part B permit renewal application which includes the trial burn plan, and the hazardous

waste incinerator risk assessment report submited by Squibb, and other data and materials assembled or prepared by EPA

and the Puerto Rico Environmental Quality Board (EQB) for the Squibb facility. Its contents may be inspected any time

between 9:30 a.m. to 4:00 p.m. Monday through Friday, except Holidays. Copies of these documents are available at $.15

per copy sheet. To make an appointment to inspect the administrative record is also on file at the Puerto Rico Environmental

Quality Board, and pollution control area, 431 Ponce De Leon Avenue Hato Rey Puerto Rico 00919. To make an

appointment to inspect the administrative record at EQB, please contact Mr. Santos Cabrera at (809) 767-8181 ext. 2351.

For citizens residing near the Humacao municipality, a public information repository has been established by the

facility for all citizens interested in becoming involved during the permitting process. The public information repository will

have copies of the administrative record documents, and other information material relevant to the facility which is available

for public review. The repository will also include the name and telephone number of EPA and EQB’s contact office, and

the mailing address to which comments and inquiries may be directed during the permit review process the repository will

be maintained throughout the permitting process at the following location: the public library of the municipality of Humacao,

Road No. 3, Km 77.5, Humacao, Puerto Rico. Telephone number: (809) 850-6446. A public meeting will be held on

February 8, 1995, between 6:00 pm to 10:00 pm, at the Caracolillo Restaurant, Road No. 3, Km. 74.5, Humacao, Puerto

Rico, 00791, Telephone number: (809) 850-0833.The purpose of the public meeting is to answer any questions the public
may have regarding the RCRA permit renewal application. This notice also provides the citizens interested in receiving

relevant permitting information and future public notices on the draft and final permit determination an opportunity to be

included in the facility or EPA’s mailing list.

Finally, this notice also services the initial notification that Squibb may request a temporary emergency permit to

treat hazardous waste in the existing non-permitted caloric 1 incinerator. If issued, the emergency permit would authorize

Squibb to treat hazardous waste in the caloric 1 incinerator while the trane unit is used to perform trial burn tests to determine

applicable permit operating conditions. Squibb must demonstrate to EPA and EQB that the temporary authorization is

necessary for the facility’s hazardous waste management activities and will minimize the over-accumulation of hazardous

waste on-site, therefore, allowing for safer management of on-site hazardous waste.

Any written comments concerning the permit renewal process or temporary emergency permit. Requests for

information, and requests to be on the EPA’s mailing list should be made to:

Mr. Andrew Nellina, P.E.

Chief, Hazardous Waste Facilities Branch

U.S. Environmental Protection Agency, Region II

26 Federal Plaza, Room 1037

New York, New York 10278

[Note: Text of notice also provided on next page.]
PUBLIC NOTICE

U.S. ENVIRONMENTAL PROTECTION AGENCY - REGION II

26 FEDERAL PLAZA

NEW YORK, NEW YORK 10278

DATE: January 27, 1995

PUBLIC NOTICE: PN #_________

EPA I.D. NUMBER: PRD090021056

NOTICE OF RECEIPT OF RCRA PART B PERMIT RENEWAL APPLICATION

AND HAZARDOUS WASTE INCINERATOR RISK ASSESSMENT REPORT

NOTICE IS HEREBY GIVEN THAT THE U.S. ENVIRONMENTAL PROTECTION AGENCY (EPA) REGION II, IS IN RECEIPT OF THE

RESOURCE CONSERVATION AND RECOVERY ACT (RCRA) PART B PERMIT RENEWAL APPLICATION DATED SEPTEMBER 1, 1994, AND THE

HAZARDOUS WASTE INCINERATOR RISK ASSESSMENT REPORT DATED OCTOBER 7, 1994, SUBMITTED BY:

THE SQUIBB MANUFACTURING INCORPORATED

STATE ROAD NO. 3, KM 77.5

P.O. BOX 609

HUMACAO, PUERTO RICO 00792

ATTENTION: MR. HECTOR J. TOTTI, VICE PRESIDENT

THE SQUIBB MANUFACTURING INCORPORATED (“SQUIBB”) OPERATES A PHARMACEUTICAL MANUFACTURING FACILITY WHICH

PRODUCES DRUGS FOR HUMAN CONSUMPTION. THE FACILITY HAS BEEN IN OPERATION SINCE 1970. A PERMIT WAS ISSUED TO SQUIBB

EFFECTIVE ON MARCH 1, 1990 BY EPA UNDER THE AUTHORITY OF THE RESOURCE CONSERVATION AND RECOVERY ACT (RCRA), (42 U.S.C. §

6901 ET SEQ.), AS AMENDED BY THE HAZARDOUS AND SOLID WASTE AMENDMENTS OF 1984 (HSWA), FOR THE MANAGEMENT OF SIX (6)

ABOVE-GROUND HAZARDOUS WASTE STORAGE TANKS, AND THE OPERATION OF TWO (2) INCINERATOR UNITS (THE “TRANE” AND “BRULE”). 

THE TRANE UNIT IS PERMITTED TO INCINERATE HAZARDOUS WASTE, WHILE THE BRULE UNIT IS PERMITTED TO INCINERATE ONLY

IGNITABLE WASTE. THE BRULE UNIT IS SCHEDULED FOR CLOSURE IN 1995. THE CURRENT RCRA PERMIT EXPIRES ON MARCH 1, 1995.

SQUIBB HAS APPLIED TO RENEW THEIR PERMIT FOR THE MANAGEMENT OF HAZARDOUS WASTES AT THE HUMACAO FACILITY. 

UNDER THE RCRA PERMIT RENEWAL APPLICATION, SQUIBB PROPOSES TO CONTINUE THE OPERATION OF THE TRANE INCINERATOR

TREATING HAZARDOUS WASTES. ADDITION, SQUIBB PROPOSES TO TREAT HAZARDOUS WASTES IN THE EXISTING CALORIC 1 INCINERATOR

AND IN A NEW CALORIC 2 INCINERATOR WHICH IS CURRENTLY BEING CONSTRUCTED. THE THREE HAZARDOUS WASTE INCINERATOR UNITS

THAT ARE INCLUDED IN THE PERMIT RENEWAL APPLICATION (TRANE, CALORIC 1, AND CALORIC 2) WILL BURN HAZARDOUS WASTE

GENERATED SOLELY FROM THE SQUIBB FACILITY. WITH REGARDS TO THE STORAGE OF HAZARDOUS WASTES IN THE TANK SYSTEM, SQUIBB

PROPOSES TO OPERATE A NEW SEVENTH (7) ABOVE-GROUND HAZARDOUS WASTE STORAGE TANK, ALONG WITH THE SIX(6) EXISTING

STORAGE TANKS.

THIS NOTICE OF THE RECEIPT OF THE RCRA PERMIT RENEWAL APPLICATION IS FOR THE ADMINISTRATIVE RECORD. THE

ADMINISTRATIVE RECORD CONSISTS OF THIS NOTICE, RCRA PART B PERMIT RENEWAL APPLICATION WHICH INCLUDES THE TRIAL BURN

PLAN, AND THE HAZARDOUS WASTE INCINERATOR RISK ASSESSMENT REPORT SUBMITTED BY SQUIBB, AND OTHER DATA AND MATERIALS

ASSEMBLED OR PREPARED BY EPA AND THE PUERTO RICO ENVIRONMENTAL QUALITY BOARD (EQB) FOR THE SQUIBB FACILITY. ITS

CONTENTS MAY BE INSPECTED ANY TIME BETWEEN 9:30 A.M. TO 4:00 P.M. MONDAY THROUGH FRIDAY, EXCEPT HOLIDAYS. COPIES OF THESE

DOCUMENTS ARE AVAILABLE AT $.15 PER COPY SHEET. TO MAKE AN APPOINTMENT TO INSPECT THE ADMINISTRATIVE RECORD IS ALSO ON

FILE AT THE PUERTO RICO ENVIRONMENTAL QUALITY BOARD, LAND POLLUTION CONTROL AREA, 431 PONCE DE LEON AVENUE HATO REY

PUERTO RICO 00919. TO MAKE AN APPOINTMENT TO INSPECT THE ADMINISTRATIVE RECORD AT EQB, PLEASE CONTACT MR. SANTOS

CABRERA AT (809) 767-8181 EXT. 2351.

FOR CITIZENS RESIDING NEAR THE HUMACAO MUNICIPALITY, A PUBLIC INFORMATION REPOSITORY HAS BEEN ESTABLISHED BY

THE FACILITY FOR ALL CITIZENS INTERESTED IN BECOMING INVOLVED DURING THE PERMITTING PROCESS. THE PUBLIC INFORMATION

REPOSITORY WILL HAVE COPIES OF THE ADMINISTRATIVE RECORD DOCUMENTS, AND OTHER INFORMATION MATERIAL RELEVANT TO THE

FACILITY WHICH IS AVAILABLE FOR PUBLIC REVIEW. THE REPOSITORY WILL ALSO INCLUDE THE NAME AND TELEPHONE NUMBER OF EPA

AND EQB’S CONTACT OFFICE, AND THE MAILING ADDRESS TO WHICH COMMENTS AND INQUIRIES MAY BE DIRECTED DURING THE PERMIT

REVIEW PROCESS THE REPOSITORY WILL BE MAINTAINED THROUGHOUT THE PERMITTING PROCESS AT THE FOLLOWING LOCATION: THE

PUBLIC LIBRARY OF THE MUNICIPALITY OF HUMACAO, ROAD NO. 3, KM 77.5, HUMACAO, PUERTO RICO. TELEPHONE NUMBER: (809) 850-6446. A

PUBLIC MEETING WILL BE HELD ON FEBRUARY 8, 1995, BETWEEN 6:00 PM TO 10:00 PM, AT THE CARACOLILLO RESTAURANT, ROAD NO. 3, KM.

74.5, HUMACAO, PUERTO RICO, 00791, TELEPHONE NUMBER: (809) 850-0833. THE PURPOSE OF THE PUBLIC MEETING IS TO ANSWER ANY

QUESTIONS THE PUBLIC MAY HAVE REGARDING THE RCRA PERMIT RENEWAL APPLICATION. THIS NOTICE ALSO PROVIDES THE CITIZENS

INTERESTED IN RECEIVING RELEVANT PERMITTING INFORMATION AND FUTURE PUBLIC NOTICES ON THE DRAFT AND FINAL PERMIT

DETERMINATION AN OPPORTUNITY TO BE INCLUDED IN THE FACILITY OR EPA’S MAILING LIST.

FINALLY, THIS NOTICE ALSO SERVICES THE INITIAL NOTIFICATION THAT SQUIBB MAY REQUEST A TEMPORARY EMERGENCY

PERMIT TO TREAT HAZARDOUS WASTE IN THE EXISTING NON-PERMITTED CALORIC 1 INCINERATOR. IF ISSUED, THE EMERGENCY PERMIT

WOULD AUTHORIZE SQUIBB TO TREAT HAZARDOUS WASTE IN THE CALORIC 1 INCINERATOR WHILE THE TRANE UNIT IS USED TO PERFORM

TRIAL BURN TESTS TO DETERMINE APPLICABLE PERMIT OPERATING CONDITIONS. SQUIBB MUST DEMONSTRATE TO EPA AND EQB THAT

THE TEMPORARY AUTHORIZATION IS NECESSARY FOR THE FACILITY’S HAZARDOUS WASTE MANAGEMENT ACTIVITIES AND WILL MINIMIZE

THE OVER-ACCUMULATION OF HAZARDOUS WASTE ON-SITE, THEREFORE, ALLOWING FOR SAFER MANAGEMENT OF ON-SITE HAZARDOUS

WASTE.

ANY WRITTEN COMMENTS CONCERNING THE PERMIT RENEWAL PROCESS OR TEMPORARY EMERGENCY PERMIT. REQUESTS FOR

INFORMATION, AND REQUESTS TO BE ON THE EPA’S MAILING LIST SHOULD BE MADE TO:

MR. ANDREW BELLINA, P.E.

CHIEF, HAZARDOUS WASTE FACILITIES BRANCH

U.S. ENVIRONMENTAL PROTECTION AGENCY, REGION II

26 FEDERAL PLAZA, ROOM 1037

NEW YORK, NEW YORK 10278
AVISO PUBLICO

AGENCIA DE PROTECCION AMBIENTAL DE LOS ESTADOS UNIDOS

26 FEDERAL PLAZA

NEW YORK, NEW YORK 10275

EPA ID. NO. PRDO90021056 27 DE ENERO DE 1995

Por este medio, la Agencia de Protección Ambiental de los Estados Unidos (EPA, por sus siglas en inglés), Región II, da aviso de haber recibida la

Solicitud de Renovación de Permiso Parte B de la Ley de Conservación y Recuperación de Recursos (RCRA) el día 1ro de septiembre de 1994, y el

Reporte de Estudio de Riesgo de Incinerador de Desperdicios Peligrosos el día 7 de octubre de 1994, sometido por:

Squibb Manufacturing, Incorporated

Carr. Num. 3, Km. 77.5

P.O.Box 609

Humacao, Puerto Rico 00792

ATTN: Sr. Héctor J. Totti, Vice-Presidente

Squibb Manufacturing Incorporated (“Squibb”) opera una facilidad que manufactura productos farmacéuticos, el cual produce drogas para consumo

humano. La facilidad ha estado en operación desde 1970. Un permiso fue emitido a Squibb efectiva el 1 de marzo de 1990 por EPA bajo la autoridad

de RCRA, (42 U.S.C. §6801 et seq.), según revisada por las Enmiendas a los Desperdicios Sólidos y Peligrosos de 1984 (HSWA, por sus siglas en

inglés), para el manejo de seis (6) tanques de almacenaje de desperdicios peligrosos sobre el terreno, y la operación de dos (2) unidades de

incinerador (el “TRANE” y “BRULE”). En la unidad “TRANE” lo es permitido incinerar desperdicios peligrosos, mientras en la unidad “BRULE” lo es

permitido incinerar solo desperdicios ignitivos (“ignitables”). La unidad “BRULE” está programada para cerrarse en 1995. El permiso de RCRA actual

expira el 1 de marzo de 1995.

Squibb ha solicitado renovar su permiso para el manejo de desperdicios peligrosos en la facilidad de Humacao. Bajo la solicitud de renovación de

permiso RCRA, Squibb propona continuar con la operación del incinerador “TRANE” tratando desperdicios peligrosos. En adición, Squibb propone el

tratar desperdicios peligrosos en el incinerador existente Caloric 1 y en el nuevo incinerador Caloric 2 el cual está actualmente en construcción.

Los tres incineradores de desperdicios peligrosos que están incluidos en la solicitud de renovación de permiso (TRANE, Caloric 1 y Caloric 2)

quemará desperdicios peligrosos generados únicamente de la facilidad de Squibb. Con respecto al almacenaje de desperdicios peligrosos en el

sistema de tanques, Squibb propone operar un nuevo séptimo (7) tanques sobre el terreno para almacenar desperdicios peligrosos. Junto con los

seis (6) tanques de almacenaje existentes.

Este aviso del recibo de la solicitud de renovación de permiso RCRA es para el archivo administrativo. El archivo administrativo consiste de este

aviso, la solicitud de renovación de permiso RCRA Parte B, la cual incluye la prueba de quemado (“Trial Burn Plan”), y el reporte de estudio de Riesgo

del Incinerador de desperdicios peligrosos sometido por Squibb, y otra información y material reunido o preparado tanto por EPA como por la Junta de

Calidad Ambiental de Puerto Rico (JCA) para la facilidad de Squibb. Su contenido puede ser inspeccionado en cualquier momento entre las 8:30 A.M.

a las 4:00 P.M. de Lunes a Viernes, excepto días feriados. Copias de estos documentos están disponibles a $.20 por página. Para hacer una cita con

el propósito de inspeccionar el archivo administrativo en EPA en la ciudad de Nueva York, favor de comunicarse con el Sr. Richard Yue al (212)264-

9339. El archivo administrativo se encuentra también disponible en la Junta de Calidad Ambiental; Área Control Contaminación de Terrenos, Avenida

Ponce de León #431, Hato Rey, Puerto Rico 00919. Para hacer una cita con el propósito de inspeccionar el archivo administrativo en la JCA, favor de

comunicarse con el Sr. Santos Cabrera al teléfono (809)767-8181 ext. 2351.

Para los ciudadanos residentes en o cerca del municipio de Humacao, interesados en conocer sobre el caso durante el proceso de permiso se ha

designado un lugar donde estará disponible la información pública. En este lugar se tendrá disponible al público copia de los documentos del archivo

administrativo y otro material de información relevante a la facilidad, nombres y números de teléfono de las oficinas de contacto de EPA y la JCA, y la

dirección a la cual los comentarios y las preguntas deben ser dirigidas durante el proceso de evaluación del permiso. La información estará disponible

durante todo el proceso de permiso en la siguiente localización: La Librería Pública en el municipio de Humacao, Carretera Núm. 3, Km. 77.5,

Humacao, Puerto Rico. Número de teléfono (809)850-6464.

Una reunión pública se llevará a cabo el 8 de febrero de 1995, entre las 6:00 P.M. e 10:00 P.M., en el Restaurante El Caracolillo, Carr. Núm. 3, Km.

74.5, Humacao, Puerto Rico, 00791. Número de teléfono (809)850-0833. El propósito de la reunión pública es aclarar cualquier pregunta que el

público pueda tener con respecto a la solicitud de renovación de permiso RCRA. Este aviso también provee el cuidadano interesado en recibir

información relevante al permiso y avisos públicos futuros en el borrador y la determinación de permiso final una oportunidad para ser incluido en la

lista de envío (“Mailing List”) de la facilidad o en la de la EPA.

Finalmente, este aviso también sirve de notificación inicial de que Squibb solicita un permiso temporero de emergencia para tratar desperdicios

peligrosos en el incinerador existente Caloric 1 no-permitido. Si es emitido, el permiso de emergencia puede autorizar a Squibb a tratar desperdicios

peligrosos en el incinerador Caloric 1 mientras que la unidad “TRANE” es usada para efectuar pruebas de quemado para determinar condiciones de

operación aplicables al permiso. Squibb debe demostrarlo a la EPA y a la JCA que la autorización temporera es necesaria para actividades de manejo

de desperdicios peligrosos en el sitio de tal forma que permita un cuidadoso manejo de los desperdicios peligrosos en el sitio. 

Cualquier comentario escrito con relación al proceso de renovación de permiso o al permiso temporero de emergencia, solicitudes de información y

solicitudes para estar en la lista de envío (“Mailing List”) de EPA puede ser sometidos a:

Mr. Andrew Bellina, P.E.

Chief, Hazardous Waste Facilities Branch

US Environmental Protection Agency

26 Federal Plaza - Region II - Room 1037

New York, New York 10278

HECTOR RUSSE MARTINEZ

PRESIDENTE

JUNTA CALIDAD AMBIENTAL
Insisten en defensa del Incinerador

Por: Magaly Monserrate Cerpa Rivera también descartó de plano el comentario de que solicitaron a la EPA la inclusión de este último

 Varios ejecutivos de la Squibb Manufacturing, entre de Humacao los desperdicios de las plantas de esta agencia se dilató en su respuesta. Esa es la razón,

los que se encontraba el gerente general de la planta de Barceloneta y Mayaguez, para ser procesados en los por la que actualmente cuando se tramita nuevamente la

Humacao, insistieron en la seguridad y confiabilidad de incineradores de acá. renovación del referido permiso (que por ley tiene que

sus incineradores y reiteraron que la compañía cumple Sobre la interrogante mas neurálgica relacionada con hacerse cada cuatro años) se aprovecha para solicatar

con los estrictos controles reglamentarios de la Ley el nuevo incinerador, el impacto al ambiente ya la salud nuevamente la inclusión de este incineratador y el nuevo

Federal de Desperdicios Peligrosos, durante una de los vecinos de la zona que tendrá esta nueva Caloric-2. Por instrucciones de la EPA, en lugar de

entrevista realizada por este rotativo en sus facilidades. operación, aseguró que no se produciría aumento alguno hacer dos documentos, ambas cosas se incluyen en uno.

 En la reunión que se produjo por invitación de la en las emisiones. Agregó que estos dos incineradores, el Caloric-1 y el

Squibb, el gerente de Asuntos Ambientales, Ing. Julio En este tema, entró Héctor Totti, el gerente general de Caloric-2 deberán estar sustituyendo eventualmente al

Ortíz rechazó algunos de los argumentos que han sido la planta, para señalar que “por el contrario” con este Trane (desperdicios peligrosos) y al Brule (de

esbozados por detractores de los actuales planes de esta incineradory los cambios que proponen hacer en el área desperdicios peligrosos). El primero que deberá salir de

compañía, en las reuniones y manifestaciones que de disposición, se minimizan los desperdicios sólidos operación se el Brule; en septiembre de este año y

recientemente ha realizado el grupo opositor. peligrosos que genera la planta”. posteriormente (una fecha que no se especicico) el

 Ortíz comenzó por aclarar el comentario de que “La nueva reglamentación federal nos obliga a instituir Trane.

engañaban a la comunidad al decirles que estaban un programa agresivo de minimización de estos Con esta nueva technología, reiteró Totti, lo que

solicitando un permiso para disponer de desperdicios desperdicios. Lo que estamos haciendo responde a la persigue es minimizar los desperdicios líquidos de

líquidos cuando el documento de solicitud indica que se necesidid de avanzar en la tecnología para seguir manejo que la operación de la planta sea cada vez

trata de desperdicios sólidos peligrosos. Al respecto, cumpliendo con los restricciones federales y estatales de menos, impactando al ambiente. “En esto, aseguró,

indicó, que se trataba de un mal entendido producto del disposición de desperdicios peligrosos”, expresó Totti. invertimos la mayor parte de nuestro presupuesto para

desconocimiento de la Reglamentación, que bajo la Otro aspecto de la controversia en la que los propios mejoras. Un 70 por ciento de éste, está destinado a

clasificación de Desperdicios Sólidos Peligrosos, cobija ejecutivos coincidieron a generado confusión, por lo que pruebas y labores conducente a disminuir este impacto.

también a los líquidos. intentaronexplicarla, es la mezcla de dos procedimientos Esto lo venimos haciendo desde hace años, por ejemplo

 “No hemos engañado a nadie, vamos a trabajar como a un mismo tiempo. en nuestra área de experimentación con nuevos

hasta la fecha lo hemos hecho, con desperdicios líquidos, Sobre ésto, Ortíz Torres explicó que cuando en el 1990 solventes, conocidos como environmentally friendly”,

pero la Reglamentación no contempia una clasificación tramitaron la renovación del permiso para disponer de concluyó

aparte para éstos, que no sea dentro de la de desperdicios sólidos peligrosos incluyeron los

Desperdicios Sólidos Peligrosos”. Debe quedar claro incineradoresTrane y Brule pero no así el Caloric-1, que

que no vamos a procesar solidos”, arguyó. se encontraba en diseño. Poco después

estuvieran contemplando trasportar hasta las facilidades incinerador (para desperdicios sólidos peligrosos) pero

Annex 7
Squibb Manufacturing, Inc.

P.O. Box 609 Humacao Puerto Rico 0092-0609

Tel. (809) 852-1255 Fax (809) 852-3800

20 de enero de 1995

Hon. Joel Rosario Hernández

Representante

Cámara de Representantes

Apartado 2228

San Juan, PR 00902

Señor Representante:

Squibb, en su compromiso de mantener a la comunidad informada, por este medio le entreg a

copia de la solicitud de renovación de permiso para sus unidades de manejo de desperdicios líquido s

peligrosos y del análisis de riesgo realizado como parte de la misma. Esta solicitud fue radicada ante la

Agencia Federal de Protección Ambie ntal (por sus siglas en inglés “EPA”) y Junta de Calidad ambiental

(“JCA”).

Squibb es una farmacéutica dedicada a la manufactura de productos para el consumo humano.

Entre ellos se producen Mycolog, Corg ard, Capoten, y Zerit- un producto para el tratamiento del SIDA.

A planta ha estado en operación desde los años setenta. Esta consiste de varios edificios de producción,

y facilidades de apoyo tales como laboratorios de control de calidad y de desarrollo e investigación ,

utilidades, área de recobro y reuso de solven tes, área de tratamiento de aguas usadas, área de manejo de

desperdicios líquidos peligrosos, y otras.

En los procesos de manufac tura se utilizan compuestos orgánicos, incluyendo solventes, como es

usual en este tipo de industria. Se generan residuos líquidos en los diferentes procesos de manufactura,

los cuales son reciclados en nuestra planta de forma óptima para minimizar su impacto en el ambiente.

Aquellos residuos que no son reutilizables se clasifican como desperdicios líquidos peligrosos par a

disposición mediante incineración, la mejor tecnología para disponer de éstos. Los mismos consiste n

principalmente de una mezcla de agua (85% a 98%) y pequeñas cantidades de solventes.

Desde sus comienzos en la década de 1970, Squibb opera unidades de incineración dentro de sus

predios para el manejo de estos desperdi cios. Estas unidades han sido autorizadas por la EPA y la JCA.

Respondiendo al desarrollo de la tecnología cada vez más avanzada, a través de los años Squibb h a

mejarado los incineradores incorporando unidades más modernas.

En estos momentos, Squibb está renovando el permiso para sus unidades de manejo d e

desperdicios líquidos peligrosos. Estas incluyen tanques de almacenamiento e incineradores. S e

incorporan dos modernos incineradores, que sustitu irán uno que ya fue cerrado y otro programado para

cierre durante este año.
Pruebas de eficiencia demuestran que estos nuevos incineradores cumplen tanto con toda l a

reglamentación aplicable como con políticas establecidas recientemente por la EPA para unidades d e

incineración.

Más aún, como parte del proceso se realizó un análisis de riesgo. Este establece que la operación

de los incineradores, presumiendo condiciones de exposición extremas e improbables, no afecta la salud

ni el ambiente del área.

En agosto de 1994 Squibb comenzó un proceso de comunicación pública con el propósito d e

divulgar información sobre los nuevos incineradores, para así promover la participación ciudadana en

el proceso de permiso. A tales efectos, se ce lebró una reunión pública el 14 de septiembre de 1994, y otra

en Villa Humacao el 1 de diciembre de 1994. Próximamente se celebrará otra en Junquito, similar a la

ya celebrada en Villa Humacao. Además, EPA tiene otra reunión pública programada durante el mes

de febrero.

Nos reiteramos a su disposición para proveer informació n adicional o aclarar cualquier duda con

respecto a estos particulares. Puede comunicarse conmigo o con el Ing. Julio Ortiz-Torres, Gerente de

Asuntos del Ambiente, al teléfono 850-6731.

Cordialmente,

Héctor J. Totti

Gerente General

wwin/data/environ.123

Anejo

Annex 8
APPENDIX I -- EXAMPLES OF ADDITIONAL RCRA PUBLIC

PARTICIPATION TOOLS (FACT SHEETS, PUBLIC

INVOLVEMENT PLANS, NEWS RELEASES)
Alaska

United States Region 10 Idaho

Environmental Protection 1200 Sixth Avenue Oregon

Agency Seattle, WA 98101 Washington

 News Release

90-14

Contact: Dawnee Dahm

EPA Region 10

Hazardous Waste Program

442-2867

March 12, 1990

FOR IMMEDIATE RELEASE

EPA AND DEQ ANNOUNCE HAZARDOUS WASTE PERMIT FOR TEKTRONIX

A draft hazard waste permit has been issues for public comment

which would allow Tektronix to operate hazardous waste storage units, to

administer “post-closure” care to closed hazardous waste disposal units,

and to carry out corrective activities or the closed hazardous and solid

waste disposal units at its Beaverton facility.

The draft permit will be available for public review and comment

until April 23, 1990.

Tektronix manages hazardous waste generated as by-products of

manufacturing operations at its Beaverton facility and routinely manages

wastes from other Tektronix facilities.

The draft permit requires Tektronix to take corrective action for

tricholoethylene (TCE) contaminated groundwater at the facility and to

monitor and maintain I closed surface impoundments for a at least 30

years. The permit also sets out operational requirements for

Tektronix’s hazardous waste storage units. These storage units include

tanks and containers.

Copies of the permit are available at the Oregon Department of

Environmental Quality, 811 S.W. Sixth Avenue, Portland and at the

Beaverton City Library, 12500 S.W. Allen Blvd.

(more)
Public comments on the draft permit will be accepted until April

23, 1990. A public hearing will be held if enough interest is

expressed. Comments should be sent to:

Fred Bromfeld Dawnee Dahm

DEQ EPA Region 10, HW-112

811 S.W. Sixth Avenue 1200 Sixth Avenue

Portland, OR 97204 Seattle, Washington 98101
Office of Public Affairs Illinois Indiana

United States Region 5 Michigan Minnesota

Environmental Protection 230 South Dearborn Street Ohio Wisconsin

Agency Chicago, Illinois 60604

Public Involvement Plan

Ohio Technology Corporation

Proposed Incineration Facility

April 1989 - Revised
PUBLIC INVOLVEMENT PLAN

OHIO TECHNOLOGY CORPORATION

PROPOSED INCINERATION FACILITY

NOVA, OHIO

APRIL 1989

EPA WORK ASSIGNMENT NUMBER 96-5Q00.0

Prepared for: U.S. Environmental Protection Agency

Region V

230 South Dearborn Street

Chicago, Illinois 6064

Prepared by: ICF Technology, Inc.

35 East Wacker Drive

Suite 800

Chicago, Illinois 60601

Associates Firm, REM IV Contract No. 68-01-7251
TABLE OF CONTENTS

I. Introduction ............................................................ 1

II. Description of the Proposed Facility ............................................ 3

A. Location and Description of Facility ..................................... 3

B. Owner/Operator Information ........................................... 4

C. Regulatory Agencies .................................................. 4

III. Community Information ...................................................... 5

A. Community Profile ................................................... 5

B. Public Involvement to Date ............................................ 6

1. STOP IT .................................................... 6

2. Citizens Against Pollution ...................................... 7

3. The Amish Communities ....................................... 8

IV. Community Concerns ........................................................ 9

V. Objectives of the Public Involvement Program .................................... 13

VI. Public Involvement Activities ................................................. 14

VII. Implementation Schedule ..................................................... 18

Appendix A: Local Governments and Organizations Issuing Written Statements of

Opposition to the Proposed Incinerator ................................... 19

Appendix B: List of Contacts, Interested Parties, and Media ............................. 21

Appendix C: List of Information Repository Locations and Public Meeting Facilities ......... 30
 In many instances, authority for implementing RCRA has been given to the states by 1

U.S. EPA. The State of Ohio, however, does not have such authority and all RCRA laws are

currently enforced in Ohio by U.S. EPA.

Page 1

I. INTRODUCTION

In 1976, Congress passed the Resource Conservation and Recovery

Act (RCRA) to regulate the generation, treatment, storage, and disposal

of municipal and industrial solid wastes that are generated across the

country. The RCRA law requires that before a facility can treat, store,

or dispose of any hazardous waste, it must obtain a permit rom either

the United States Environmental Protection Agency (U.S. EPA) or an

authorized state government agency. In addition to reviewing technical 1

information, federal and state agencies encourage public involvement

during the permitting process to ensure that residents understand

proposed plans for handling hazardous wastes in their communities, and

to provide an opportunity for residents to voice any concerns they may

have.

This public involvement plan identifies some community concerns

regarding Ohio Technology Corporation’s application to build and operate

a hazardous waste incinerator facility in Nova, Ohio. The plan details

specific activities that U.S. EPA will engage in to disseminate

information to the Nova community and to encourage public involvement as

the Ohio Technology Corporation application is reviewed. The plan

consists of the following sections:

€ Description of the proposed facility;

€ Community information;

€ Community concerns;

€ Objectives of the public involvement program;

€ Public involvement activities; and an

€ Implementation schedule.

The objectives and activities discussed in this plan are based on

an assessment of community concerns collected during interviews with

local officials, several residents, and local community opposition
Page 2

groups conducted by U.S. EPA and contractor personnel in August 1988. 

Background information included in the plan was obtained from reviewing

state and federal files; interviews with state, federal, and local

officials; and local community opposition groups.

This plan has been prepared in accordance with U.S. EPA’s Guidance

on Public Involvement in the RCRA Permitting Program (Draft, January

1986).
Page 3

II. DESCRIPTION OF THE PROPOSED ACTIVITY

A. Location and Description of Facility

Ohio Technology Corporation (OTC) proposed to construct and

operate a hazardous waste and toxic substance treatment facility in

Nova, Ohio, located in Troy Township, Ashland County. The property

purchased by OTC in 1987 consists of approximately 280 acres of rural

farm land along Township Road 791, one mile east of Nova and

approximately 12 miles northeast of the City of Ashland (see Figures 1

and 2). The Nova Reservoir is located on the southwest portion of the

property. Of the 280 acres, approximately 40 acres would be used for

the facility.

The proposed facility includes construction of an incinerator

called a Hybrid Thermal Treatment System developed by IT Corporation. 

The system involves a modularly designed rotary kiln incinerator for the

destruction of a wide variety of organic wastes. As designed, fumes

resulting from the kiln are burned in a secondary combustion chamber. 

In Nova, the proposed incinerator would be operated to burn both general

hazardous wastes and polychlorinated biphenyls (PCBs). The Hybrid

Thermal Treatment System would be designed to incinerate liquid wastes,

viscous fluids, solids, soil, and other contaminated debris.

The proposed facility is designed not to discharge wastewater from

the facility operating areas, but would be designed to treat wastewater

on the site and reuse wastewater in the incineration process. Debris

resulting from the incineration process, including processed solids and

incinerator ash, are proposed to be disposed of in a RCRA licensed

disposal facility off the site.

Access to the proposed OTC facility would be gained from Township

Road 791. Trucks entering the facility would include tractor-trailer

trucks carrying wastes contained in drums. Tankers trucks containing

bulk liquids also would enter the facility. Fully loaded trucks would

weigh approximately 30,000 to 50,000 pounds. An average of eight to 12
Page 4

Figure 1

Proposed Facility Location Map

trucks would enter the facility per day.
Page 5
Page 6

Figure 2

Proposed Facility Area Map
Page 7

B. Owner/Operator Information

The current owner of the property is OTC which is also named as

the proposed owner of the incineration facility in the RARA permit

application. IT Corporation would operate the facility. OTC’s

headquarter offices are located in Cleveland, Ohio and IT Corporation’s

regional offices are located in Monroeville, Pennsylvania. According to

an OTC official, the facility as proposed could reach its capacity by

accepting wastes from within Ohio, although the facility is designed to

be a regional hazardous waste treatment facility.

C. Regulatory Agencies

In order to obtain the required permits to construct and operate

the incineration facility, OTC must submit permit applications to the

Ohio Environmental Protection Agency (OEPA) and the U.S. EPA. Because

OTC desires to build a facility that will burn both hazardous waste and

PCBs, U.S. EPA permits are required from under both RARA and the Toxic

Substance Control Act (TSCA). The RCRA permit is required for

incineration of hazardous wastes, and the TSCA permit is required for

incineration of wastes containing PCBs.

In addition, OTC must apply for and be issued permits from the

State of Ohio. The primary permits required are a permit to install and

a permit to operate a hazardous waste facility, both of which would be

issued by the Ohio Hazardous Waste Facility Board. All proposed

facilities in Ohio must receive these permits before any construction

can begin. The application for the permits must be submitted for review

to OEPA’s Division of Solid and Hazardous Waste Management before a

ruling on the applications is approved or denied by the Hazardous Waste

Facility Board. In addition, OTC must receive an Air Permit to Install

from OEPA’s Division of Air Pollution, and a National Pollutant

Discharge Elimination System (NPDES) permit -- a provision of the Clean

Water Act -- from the Division of Water Pollution control. The air

permit addresses the potential air emissions that could result from

operations from the proposed incinerator, and the NPDES permit addresses

potential discharges to water.
Page 8

Currently, OTC has submitted permit applications to both OEPA and

U.S. EPA. By law, permit applications must be reviewed for completeness

and technical adequacy before the permits are either granted or denied.
Page 9

III. COMMUNITY INFORMATION

A. Community Profile

Located in Troy Township, Nova is a rural, unincorporated town

with a population of approximately 200 people. According to several

residents interviewed, approximately 50% of the population are full-time

farmers, and the remainder farm half time in addition to having jobs in

other parts of the region.

Nova residents describe themselves as people not interested in

urbanization. Several expressed pride in their families that have a

long regional heritage, and have continued to live in the Nova area

generation after generation. Several residents have recently move into

the area away from more urban surroundings, preferring the clean air and

rural atmosphere. According to residents interviewed, Nova residents

view their population as one consisting of diverse individuals who

possess a broad range of interests, all of which add to the character of

the community.

Troy Township has a population of 450 people and is governed by a

board consisting of three trustees and one clerk. Trustee and clerk

elections are held every two years. The next election will be held in

November 1989. The township chairperson is appointed every January by

the trustees. The township administration also includes a Township

Zoning Commission and a Zoning Board of Appeals. Both the Commission

and Board of Appeals consists of five members of the community who are

appointed by the township trustees to serve four-year terms.

Ashland County is governed by three county commissioners who each

serve four-year terms. County Commissioner elections are held every two

years. The commissioners elect a president each January.
Page 10

B. Public Involvement to Date

In the Nova community, public involvement in issues surrounding

the proposed facility has to date been primarily channeled through

community groups. The next few paragraphs characterize the major

community groups involved.

1. STOP IT

According to residents interviewed, community interest and concern

over the proposed facility began when OTC purchased its property at an

auction in 1987. Soon after the property was purchased, the community

learned that OTC planned to install and operate a hazardous waste

incinerator on the property. Concerned over the potential impact of the

incinerator on the Nova community, Nova residents formed a citizens

group called Nova’s Right to Know in July 1987. The intent of the group

was to collect information about the proposed project from Ohio

Technology, International Technology, and local, state, and federal

government agencies. In September 1987, the group change its name to

STOP IT (“IT” stands for IT Corporation, the proposed operator of the

facility) because the group’s constituency broadened beyond the Nova

community. STOP IT is managed by a director, three co-chairpersons, and

an executive committee. Currently, membership in the group consists of

approximately 400 people.

STOP IT activities have included establishing an information

center in Nova, holding public meetings working with the state of

legislature, coordinating with national and international environmental

groups, and disseminating information to its membership and other

interested parties. The goal of STOP IT is to prevent the proposed

incinerator from being built. According to group members, STOP IT does

not want to negotiate a permit; the organization does not want any

permits issued to OTC at all. STOP IT is a highly organized group whose

leadership possesses a strong commitment to its position. STOP IT has

conducted various activities to heighten awareness of the proposed

incinerator, and has worked to increase support for its position in

Ashland County and other surrounding counties. According to an August
Page 11

1988 STOP IT newsletter, the group’s networking activities have resulted

in the formation of other STOP IT chapters in Ashland, Parma, and

Wellington. When U.S. EPA granted an extension for completion of the

application to OCT in May 1988, U.S. EPA received over 400 telephone

calls in protest. The telephone calling was largely organized by STOP

IT. U.S. EPA responded in writing to each telephone call.

2. Citizens Against Pollution

In August 1987, residents from communities near the proposed

facility formed a grassroots citizens group called Citizens Against

Pollution (CAP). News of the proposed facility in Nova motivated the

formation of the group which is run by a director and a board of

trustees. With offices in Huntington, Ohio, the group consists of

chapter representatives from neighboring communities such as Sullivan,

Nova, Homerville, Medina, Ruggles, Spencer, and Elyria. CAP’s major

issue is the proposed incinerator, although the group’s focus has

widened over the past year to address several other environmental issues

in Ohio, and is viewed as a growing grassroots environment organization

in the state. Adopting a global ecosystem philosophy, CAP

representatives indicated that they would like to see a moratorium

placed on incineration technologies until the global impact of

incineration can be adequately evaluated. According to a CAP

representative, the group is interested in working with both OEPA and

U.S. EPA to “stop the environmental degradation of Ohio.”

3. The Amish Communities

One of the distinct features of the proposed facility is its

proximity to several Amish settlements. The Lodi and Ashland

settlements are the closest to the OTC property, but the proposed

facility has captured the interest of Amish settlements throughout the

region, including Holmes County, the largest Amish settlement in the

world.

In April 1988, leaders of the Amish community traveled to

Columbus, Ohio and participated in a press conference conducted with
Page 12

support from STOP IT. The purpose of the conference was to present over

4,000 petition signatures from the Amish community in opposition to the

proposed facility. Invited to the press conference were OEPA, U.S. EPA,

the Ohio Hazardous Waste Facility Board, and state and federal

government representatives. In a written statement, the Amish

contingency voiced their concerns:

We are meeting here today because of a concern. The old

Order Amish are thankful to God for the privilege to live in a

country where we can live, work and share our lives with our

neighbors and fellowman.

We still adhere to and believe in the Golden Rule: Do unto

others as you world that others do unto you.

It is with this in mind that we have over 4,000 signatures

protesting a proposed toxic waste incinerator site in Ashland

County.

Living close to this site is an Amish community of over 100

families that would be severely disrupted and handicapped if this

site was approved. Without any doubt these people would have to

relocate.

Also from information we have received we would be subject to

toxic emissions in our area.

So we plead with meekness to please accept our protests with

an open mind and sincere concern.

The involvement of the Amish in this manner -- a people not known

for their political activism -- generated significant media attention

and was reported by the Chicago Tribune , U.S.A. Today , and the New York

Times . Leaders of the Amish settlements keep informed about the status

of the project, and are in contact with both STOP IT and CAP.

Public involvement over the last year can be characterized as

significant. The work of the citizens groups has served to heighten

awareness of the proposed project all over the region. In April 1988,

the Troy Township Trustees polled their constituents and concluded that

94% of the responders were opposed to the proposed facility. In

addition, several communities and organizations from a wide geographical

area have adopted ordinances and resolutions in opposition to the

proposed facility (see Appendix A). Although opposition to the proposed

facility is widely known and publicized, there is some evidence of
Page 13

support for OTC’s project within the region. Newspaper reports

indicate, however, that although there may be support for the facility,

the strength of the opposition to the facility has caused proponents to

keep their views to themselves.

Political interest in the proposed project has also grown over the

last year. Responding to letters of concern from their constituents,

U.S. Senator Howard Metzenbaum, U.S. Senator John Glenn, Congressman Don

Pease, State Representative Ron Amstutz, and State Senator Dick

Schafrath have all taken positions in opposition to the proposed

facility. In addition, Cleveland’s mayor, George Voinovich, has opposed

the project. Many residents have written their concerns to both U.S.

EPA and OEPA.
Page 14

IV. COMMUNITY CONCERNS

The following community concerns were expressed by Nova area

residents and local officials during interviews conducted in August

1988.

A) Lack of trust in the proposed operator of the facility . 

Residents interviewed expressed concern regarding IT Corporation’s

involvement in the proposed project. Nova area residents and members of

STOP IT and CAP feel strongly that IT Corporation is not a reliable

company to be operating the proposed facility. The citizens groups have

distributed information about IT Corporation, including a list of

violations of State of California environmental regulations and the

Louisiana State Ethics Code. Members of STOP IT cite a recent Forbes

article which discusses management and financial problems of IT

Corporation, and the fact that the company insures itself against

environmental liabilities as proof of IT Corporation’s instability (see

“Warning -- Hazardous Management,” Forbes , Volume 142, Number 2, July

25, 1988, Page 60). Residents also are concerned that IT Corporation

will purchase OTC and that OTC is merely acting as a “front” for IT

Corporation.

B) Effects of proposed facility on quality of life . Residents

interviewed stressed their concern regarding the impact of the proposed

facility on the quality of life in the area. Residents said that the

major reason why people move into rural areas and stay in these areas is

the clean air, and non-urbanized, undeveloped characteristics of these

regions. These residents feel that construction and operation of an

incinerator in the area would destroy the appeal of the area, negatively

impact property values, and drive people away. Moreover, residents and

members of the Amish community pointed out that siting an incinerator in

the Nova area is counter-culture to the Amish way of life. CAP stressed

the fact that the Amish communities increase the tourist appeal of the

area. According to newspapers reports, the Amish community has hinted

to the possibility that the Amish settlements in the area may relocate

if the incinerator is licensed and built. Community interviews with
Page 15

Amish representatives, however, indicated that this would be a last

resort.

C) Effects of proposed facility on environmental quality in the

region . All residents interviewed expressed the greatest concern about

the impacts of the proposed facility on the environment. The community

is very concerned about air emissions from the proposed incinerator and

feels strongly that there would be a threat of toxic air contamination. 

CAP and STOP IT also spoke about the fact that the facility would be

located near the headwaters of the Black and Vermilion rivers. The

groups feel that these rivers would be endangered by contamination

resulting rom operation of the incinerator. The Amish leaders voiced

their concern that air emissions would contaminate rainwater which is a

primary water source through cisterns and wells on many of the Amish

properties. The Amish are concerned about how their livestock and crops

may be affected by the proposed incinerator. Such a concern is echoed

by other farmers in the area who view the proposed incinerator as a

threat to their livelihoods.

D) Inappropriateness of site selection . Most people interviewed

questioned why Nova was chosen as the site for OTC’s project. These

people feel that it is inappropriate for an incinerator to be located in

a rural community where natural resources are a significant aspect of

the economy. Two residents interviewed, one that breeds Navajo Churro

sheep (an endangered species) and another that propagates native

American seeds, were particularly concerned that an incinerator in the

area could endanger their projects. The Amish leaders expressed similar

concerns and asked why incinerators had to be cited in places where

people lived. They suggested that a better location would be in a

desert, or some other unpopulated area.
Page 16

E) Waste management in Ohio . Both CAP and STOP IT said that

they wanted to obtain more information about the waste management

industry in Ohio. These groups feel that there are plenty of

incinerators in the area, and that building another one is not

necessary. The groups are interested in exploring alternative waste

management technologies to incineration. Their interests in this area

reflect their concerns that OTC and IT are not acting in the best

interest of the community or the state, and are proposing the

incinerator for their own financial benefit.

F) Safety of the proposed incinerator . Residents and local

officials brought up several safety issues. Most people interviewed

said they are concerned about having trucks filled with contaminated

material driving through the area. According to several residents, the

roads in the area have several sharp curves which could lead to

accidents by trucks traveling to the facility. In addition, residents

cited air and fugitive emissions, and public health effects of long-term

exposure to such emissions as major concerns.

Residents who oppose incineration altogether as a waste management

technology believe that too little information is known about the

synergistic effect of several chemicals burning at once, and feel that

such an occurrence is a health threat to the area.

Many of the people interviewed wanted clarification on monitoring

of the incinerator should it become operational. These residents wanted

to know who would conduct the monitoring and how often it would be done. 

STOP IT and CAP expressed reservations about monitoring programs and

said that the proposed incinerator would not be adequately monitored. 

These groups suspect that officials would only monitor for a narrow

range of contaminants.

CAP representatives shared their frustration about the safety

issue and rhetorically asked why the burden of making the incinerator

safe rested with the residents. They expressed distrust in the ability

of government officials to protect the environment and public health.
Page 17

G) Emergency response capabilities in the area . Several

concerned residents and local officials felt that siting the facility in

the Nova area places the region in peril should an accident occur. Nova

itself has no emergency response capabilities and relies on the City of

Ashland and other communities for such assistance. The community is

concerned that should an accident occur, there would be no efficient and

comprehensive way of responding. Moreover, the Amish representatives

expressed concern that should an accident occur, emergency communication

with the settlements and evacuation would be impossible due to their

lack of telephone, electricity, and modern transportation systems.

H) Confusion regarding the permitting process . Most of all the

residents and local officials agreed that the permitting process is

confusing. Many expressed frustration about the many levels of

government involved and wanted clarification on the authorities of the

federal, state, and local governments. In March 1988, OEPA held an

informational session for Nova area residents. At the session, several

division representatives from OEPA and U.S. EPA answered questions and

provided information on the permitting process. Community members and

OEPA officials indicated that the session was informative, although

residents said that some confusion still remains about the permitting

process.

I) Poor response from government officials . While many

residents appeared satisfied with the information provided by government

officials, several residents and the citizens groups felt that both the

state and federal government officials should provide more information

regarding the permitting process and should be more accessible. STOP IT

complained bout being “hung up on” by U.S. EPA officials, and said they

were frustrated that U.S. EPA had not acknowledged much of the

information sent to them by STOP IT. CAP representatives expressed the

same concerns.

J) Frustration over limited opportunities for public

involvement . Most people interviewed did not understand the extent to

which formal opportunities for public involvement exist during the

permitting process. Those residents and local officials that are more
Page 18

aware of public opportunities feel that they are limited and that they

do not serve the interests of the communities. Most people interviewed,

including the Amish leaders, asked about effective ways of becoming

involved in the process so that their concerns can be officially

considered before the agencies make any final decisions.
Page 19

V. OBJECTIVES OF THE PUBLIC INVOLVEMENT PROGRAM

Based on the concerns voiced by area residents and local

officials, the following are the objectives of the public involvement

program during the permitting process:

A) Establish accessibility among U.S. EPA personnel to the

community . As the Nova community works toward becoming informed about

the issues surrounding the proposed facility, it will be very important

for U.S. EPA personnel to be available to answer questions and provide

information. Both STOP IT and CAP already are frustrated with the

difficulty they have in contacting U.S. EPA personnel. Maintaining good

positive contact with concerned citizens in the Nova community will

strengthen U.S. EPA’s credibility and allow people to become more

involved in the process.

B) Coordinate with OEPA to make sure the community understands

the permitting process and opportunities for public involvement . 

Community interviews reflected the confusion that residents and local

officials have about the permitting process and opportunities for public

involvement. A crucial component of the public involvement program is

to make certain that interested residents and local officials have

adequate opportunities to understand and be involved in the permitting

process and the opportunities for their involvement. Because so many

levels of government are involved in the process, U.S. EPA should work

closely with OEPA to provide the community with adequate information and

opportunities to ask questions of appropriate government officials.

C) Provide specific information on issues of interest to ensure

a strong level of understanding by the community . Both STOP IT and CAP

are working hard to acquire information that will put many of the issues

of concern into perspective. Much of CAP and STOP IT’s activities will

involve disseminating information to all interested parties. U.S. EPA

and OEPA should work together to provide the community with accurate

information on subjects such as incineration technology, alternative

waste management practices, emergency response procedures, monitoring
Page 20

practices, and environmental impacts of waste management practices.
Page 21

VI. PUBLIC INVOLVEMENT ACTIVITIES

Specific public involvement activities related to the OTC RCRA

permit application are required by Title 40 of the Code of Federal

Regulations, Part 124 and RCRA Section 7004. The public involvement

activities describe below include required activities (indicated by an

asterisk), as well as other activities intended to address community

concerns and to carry out the objectives established for the public

involvement program.

A) Designate U.S. EPA contact to respond to questions from the

community . U.S. EPA has assigned one member of the Office of Public

Affairs (OPA) staff in the Region V office in Chicago to be the central

U.S. EPA liaison for the community (see Appendix B). This person will

respond to community requests for information and will field telephone

requests for information to other appropriate U.S. EPA personnel. The

OPA’s name and telephone number will appear on all correspondence

between U.S. EPA and the community in addition to U.S. EPA’s toll-free

number. The OPA official also will be the central contact for local

media to acquire information regarding the proposed incinerator, and

will keep an up-to-date mailing list of interested individuals.

B) Establish local information repositories for interested

parties to review material . In Nova as well as in other nearby

communities (see Appendix C), information repositories will be

established to provide the community with copies of the permit

applications, applicable laws, and other relevant information. As new

information is developed, the information repositories will be updated.

C) Coordinate with OEPA to provide fact sheets on issues of

concern regarding the proposed facility . U.S. EPA will coordinate

closely with OEPA to provide the community with fact sheets that

summarize the permitting process in a clear and easy to read format. 

The first fact sheet will include information on the state and federal

permitting process, and on the role of local government and

opportunities for public involvement. In addition, separate fact sheets
Page 22

will be distributed to provide information on other topics of concern

expressed by the community. These fact sheets will cover incineration

technology, monitoring practices of the U.S. EPA and OEPA, alternative

waste management practices, and current information on environmental

impacts of incinerators. The fact sheets will be printed and

distributed to individuals on U.S. EPA’s current mailing list.

D) Conduct availability sessions to answer specific questions . 

After the fact sheets are prepared and distributed, U.S. EPA in

cooperation with OEPA will hold at least three availability sessions in

the community. The availability sessions will be designed to

accommodate small groups and will consist of representatives of OEPA and

U.S. EPA who will be available to answer specific questions of the

community. The sessions will be held in different geographic areas of

the region and will accommodate members of the Amish community. Notices

announcing the availability sessions will be published in local

newspapers.

E) Notify the community about progress made on application

review . As progress is made on processing of the permit application, or

if the schedule for reviewing the application alters significantly, U.S.

EPA will notify the community by providing a written update to

individuals on the mailing list and media representatives.

*F) Develop and distribute fact sheet on draft permit or denial . 

It is required by RCRA regulations that one fact sheet, or “Statement of

Basis,” be distributed that describes both the facility and the permit

that is being proposed for that facility. Such a fact sheet will be

developed and distributed to individuals on the mailing list, media, and

any other interested parties in advance of the public comment period.

*G) Conduct a public comment period on draft permit or denial . 

RCRA regulations require that the public must be notified through a

local newspaper and broadcast over local radio stations that a draft

permit has been prepared. A forty-five day period is also required

under RCRA regulations to accept public comments. U.S. EPA may extend

the public comment period if necessary. U.S. EPA will distribute a
Page 23

press release to local media and a notice to the mailing list announcing

the beginning of the public comment period.

H) Hold public hearing on draft permit or denial . RCRA

regulations require that a public hearing be held if an individual

organization or community requests one, or if the Regional Administrator

determines that one is needed. The purpose of having a public hearing

is to officially accept and record public comments. For this site, U.S.

EPA has decided to hold a public hearing. U.S. EPA will hold such a

hearing and will publicize it via a press release to local media, and

advertisements in local newspapers. A notice also will be sent to the

mailing list. After the hearing has been held, a tape or transcript

will be placed in the information repositories.

*I) Prepare Response to Comments to address community concerns . 

RCRA regulations require that a response to comments be prepared at the

conclusion of the public comment period. This document will consist of

a summary of the written comments received, the oral comments presented

at the haring, and a response to those comments prepared by U.S. EPA. 

The Response to Comments will be placed in local information

repositories for public review.

* denotes required activity
Page 24

VI. TIME LINE FOR IMPLEMENTING PUBLIC INVOLVEMENT ACTIVITIES

The following is a time line for public involvement activities through

issuance of a final decision on the Ohio Technology Corporation’s RCRA

permit application. Should a permit be issued, U.S. EPA would continue

the public involvement program.
Page 25

Activity Approval of the Completion of Issuance of Draft Issuance of Final

Public Involvement Technical Review Permit (if Permit (if

Plan applicable) applicable)

1. Designate X

Contact

2. Establish X

Information

Repositories

3. Fact Sheets X----------------- X

------------------X

4. Availability X-----------------------------------X---------------------

Sessions --------------X-----------------------------------X

5. Updates X----------------------------------------As needed-------

-------------------------------------------------X

6. Public Comment X----------------

Period -------------------X

7. Public Hearing X

8. Responsiveness X

Summary
Page 26

APPENDIX A

LOCAL GOVERNMENTS AND ORGANIZATIONS ISSUING

WRITTEN STATEMENTS OF OPPOSITION TO THE PROPOSED INCINERATOR

[obtained from state and federal files]

Government Body Date resolution adopted

Village of Savannah December 15, 1987

City of Avon Lake December 14, 1987

Troy Township September 28, 1987

Village of Lodi October 19, 1987

Ashland County Soil and Water April 26, 1988

Conservation District

Russia Township March 22, 1988

City of Allure March 21, 1988

Local Organization Date of written position

Cinnamon Lake Association, Inc. December 16, 198

Ashland County Farm Bureau, Inc. May 16, 1988

Episcopal Diocess of Ohio July 12, 1988

Lodi Rotary Club January 20, 1988

Lodi Chamber of Commerce January 20, 1988

Ruritan Club of Lodi January 20, 1988
Page 27

APPENDIX B

LIST OF CONTACTS, INTERESTED PARTIES, AND MEDIA

1. Federal Elected Officials

Senator John Glenn (202) 224-3353

503 Senate Hart Office Building

Washington, DC 20510-3501

District Office (216) 522-7095

Federal Courthouse

201 Superior Avenue

Cleveland, OH 44114

Senator Howard Metzenbaum (202) 224-2315

140 Senate Russell Office Building

Washington, DC 20510-3502

District Office (216) 522-7272

Celebreeze Federal Building

Room 2915

1240 East Ninth Street

Cleveland, OH 44199

Congressman Donald Pease (202) 225-3401

2410 Rayburn House Office Building

Washington, DC 20515

District Office (419) 325-4184

The Centre

Suite 101

42 East Main Street

Ashland, OH 44805-2336

2. State Elected Officials

Governor Richard Celeste (614) 466-3555

Office of the Governor

Statehouse

Columbus, OH 43216
Page 28

State Senator Richard Schafrath (614) 466-8086

Ohio Senate

Statehouse

Columbus, OH 43216

Local Address (419) 994-4161

424 West Main Street

Loudonville, OH 44842

State Representative Ronald Amstutz (614) 466-1474

Ohio House of Representatives

Statehouse

Columbus, OH 43216

Local Address (216) 262-7371

2243 Friar Tuck Circle

Wooster, OH 44691

3. Local Government Officials

Ashland County Commissioners (419) 289-0000

Court House

West Second Street

Ashland, OH 44805

Marilyn Byers, President

C.R.”Dick” Myers

Robert Valentine

Ashland County Board of Health (419) 289-0000

c/o Ashland County Health Department

110 Cottage Street

Ashland, OH 44805

Gloria Weirick, President

Ashland County Regional Planning Commission (419) 289-0000

110 Cottage Street

Ashland, OH 44805

Mike Wolfson, Director
Page 29

Ashland County Disaster Services (419) 289-6511

c/o Ashland City Fire Department

274 Cleveland Avenue

Ashland, OH 44805

John Augustine, Director

Troy Township Trustees

Donald Biddinger, Chairman (419) 652-3462

Ralph Smith, Vice Chairman (419) 652-3258

Richard Robertson (419) 652-3361

Mary Judith Fox, Clerk (419) 652-3187

Troy Township Zoning Inspector

Willard Smith (419) 652-3362

Troy Township Zoning Commission

Leslie White (419) 652-3842

Richard Hawley (419) 652-3021

Delmar Rife (419) 625-3851

Janet Cleugh (419) 652-3760

John M. Gorman (419) 652-3354

Troy Township Zoning Board of Appeals

James R. Callihan (419) 652-2225

Dean Sheppard (419) 652-3838

Tod Crumrine (419) 652-3194

Janice Schneiter (419) 652-3181

Eugene Fowler (419) 652-3808

4. Federal Government Agencies

U.S. Environmental Protection Agency

Region V

230 South Dearborn Street

Chicago, IL 60604

Valdas Adamkus, Regional Administrator (312) 353-2000

Anne Rowan, Public Participation Coordinator (312) 886-7857

Office of Public Affairs

Wen Huang, Environmental Engineer (312) 886-6191

RCRA Permit Branch
Page 30

Charles Slaustas, Supervisor (312) 886-6190

RCRA Permit Branch

Lisa Pierard , Ohio Section Chief (312) 353-4789

RCRA Permit Branch

Sheldon Simon, Regional PCB Coordinator (312) 886-6087

Pesticides and Toxic Substances Branch

John Connell, Chief (312) 886-6832

PCB Compliance Section

Office of the Environmental Sciences Division

5. State Government Agencies

Ohio Environmental Protection Agency

P.O. Box 1049

1800 Water Mark Drive

Columbus, OH 43266-0149

Richard Shank, Director (614) 644-2782

Linda Whitmore, Public Involvement Coordinator (614) 644-2160

Public Interest Center

Robert Babik, Environmental Engineer (614) 644-2949

Division of Solid and Hazardous Waste

Management

Ohio Hazardous Waste Facility Board (614) 644-2742

P.O. Box 1049

1700 Water Mark Drive

Columbus, OH 43266-0149

James Adair III, Executive Director

Board members :

Richard C. Sahli, Deputy Director

Legal and Governmental Affairs

Ohio Environmental Protection Agency

Warren W. Tyler, Chairman

Ohio Water Development Authority

Charles E. Mauger, Assistant Director

Ohio Department of Natural Resources

Thomas Sweeney, Ph.D., Assistant Vice

President of Research and Graduate Studies

The Ohio State University

W.B. Clapham Jr., Ph.D., Associate Professor of Geology
Page 31

Cleveland State University

6. Citizens Groups

STOP IT (419) 652-3000

P.O. Box 134

Nova, OH 44859

Dave Schlaufman, Director (419) 652-3862

Vern Hurst, Co-chairperson

Diana Schlaufman, Co-chairperson

Citizens Against Pollution (216) 647-6127

P.O. Box 122 (Mon.,Wed., Fri.)

Sullivan, OH 44880

Ardith Jordan, Trustee

7. Media

Newspapers

Ashland Times Gazette New London Record

40 East Second Street P.O. Box 110

Ashland, OH 44805 New London, OH 44851

(419) 281-0581 (419) 929-3411

Akron Beacon-Journal Mansfield News Journal

44 East Exchange Street P.O. Box 25

Akron, OH 44328 70 West Fourth Street

(216) 375-8111 Mansfield, OH 44901

(419) 522-3311

Elyria Chronicle-Telegram Wellington Enterprise

P.O. Box 4010 P.O. Box 38

225 East Avenue Wellington, OH 44090

Elyria, OH 44035 (216) 647-3171

(216) 329-7000

Cleveland Plain Dealer

1801 Superior Avenue

Cleveland, OH 44114

(216) 344-4500

Television
Page 32

WAKC-TV WBNX-TV

853 Copley Road P.O. Box 2091

Akron, OH 44320 Akron, OH 44309

(216) 525-7831 (216) 928-5711

WEAO-TV WQHS-TV

275 Martinel Drive 2681 West Ridgewood

Kent, OH 44240 Parma, OH 44134

(216) 678-1656 (216) 888-0061

WEWS-TV WJW-TV

3001 Euclid Avenue 5800 South Marginal Road

Cleveland, OH 44115 Cleveland, OH 44102

(216) 431-5555 (216) 431-8888

WKYC-TV WUAB-TV

1403 East Sixth Street 8443 Day Drive

Cleveland, OH 44114 Cleveland, OH 44129

(216) 344-3333 (216) 845-6043

WVIZ-TV

4300 Brockpart Road

Cleveland, OH 44134

(216) 398-2800

Radio

WNCO-Radio WRDL-Radio

P.O. Box 311 Ashland College

Ashland, OH 44805 401 College Avenue

(419) 289-2605 Ashland, OH 44805

(419) 289-2480

WLKR-Radio WCLS-Radio

P.O. Box 547 711 McPherson Street

Norwalk, OH 44857 Mansfield, OH 44906

(419) 668-8151 (419) 525-2331
Page 33

WMAN-Radio WVNO-Radio

P.O. Box 8 2900 Park Avenue West

Mansfield, OH 44901 Mansfield, OH 44906

(419) 524-2211 (419) 529-5900

WCWS-Radio WWST-WQKT Radio

College of Wooster South Hillcrest Drive

Wooster, OH 44691 Wooster, OH 44691

(216) 263-2240 (216) 264-5122

8. Owner/Operator

Ohio Technology Corporation (owner) (216) 464-2121

3350 Lander Road

Cleveland, OH 44124

John Tracy, Principal Manager

International Technology Corporation (operator) (412) 243-3230

Regional Office

William Penn Plaza

2790 Mosside Boulevard

Monroeville, PA 15146-2792

Brian Borofka, Site Assessment Group Leader

Headquarters

23456 Hawthorne Boulevard (213) 378-9933

Torrence, CA 90509
Page 34

APPENDIX C

LIST OF INFORMATION REPOSITORY LOCATIONS

AND PUBLIC MEETING FACILITIES

1) Information Repository Locations

Ashland Public Library New London Public Library

224 Claremont Avenue 67 South Main Street

Ashland, OH 44805 New London, OH 44851

(419) 289-8188 (419) 929-3981

Contact: Contact:

Constance Wolfson, Librarian Melissa Karnosh, Librarian

Troy Township Trustees

Nova, Ohio

(419) 652-3200

Contact:

Ralph Smith

2) Public Meeting Facilities

Mapleton Middleton School Mapleton High School

(Ruggles Troy School) County Rod 620

U.S. Highway 224 Polk, OH 44861

Nova, OH 44859 (419) 945-2188

(419) 652-3540 Contact:

Contact: Mr. Schneider, Principal

John Neighbors, Principal Capacity: Approximately 600

Capacity: Approximately 250

Citizens Against Pollution

Corner School House

Sullivan, OH 44880
Page 35

APPENDIX D

LIST OF PERSONS CONTACTED FOR PREPARATION

OF THE PUBLIC INVOLVEMENT PLAN

(for U.S. EPA and Ohio EPA use only)

Ashland County Board of Commissioners (419) 289-0000

Court House

West Second Street

Ashland, OH 44805

J. Myron Leininger

Marilyn Byers

C. Jay Welsh

Troy Township Trustees

Donald Biddinger (419) 652-3463

Ralph Smith (419) 652-3258

Richard Robertson (419) 652-3361

Ohio Environmental Protection Agency

P.O. Box 1049

1800 WaterMark Drive

Columbus, OH 43266-0149

Linda Whitmore, Public Involvement Coordinator (614) 644-2160

Public Interest Center

Michael Greenberg, Public Information Specialist (614) 644-2160

Public Interest Center

Robert Babik, Environmental Engineer (614) 644-2949

Division of Solid and Hazardous Waste

Management
Page 36

U.S. Environmental Protection Agency

Region V

230 South Dearborn Street

Chicago, IL 60604

Anne Rowan, Public Participation Coordinator/RCRA (312) 886-7857

Office of Public Affairs

Nancy Sullivan, Public Affairs Specialist/TSCA (312) 886-6687

Office of Public Affairs

Margaret McCue, RCRA Public Participation Manager (312) 886-6694

Office of Public Affairs

George Harper, Ohio Section Chief (312) 353-4789

RARA Permit Branch

Wen Huang, Environmental Engineer (312) 886-6191

RCRA Permit Branch

Charles Slaustas, Supervisor (312) 886-6190

RCRA Permit Branch

Sheldon Simon, Regional PCB Coordinator (312) 886-6087

Pesticides and Toxic Substances Branch

Local Residents and Interested Individuals

Mike Stanfield Gladys Thomas

962 County Route 40 838 U.S. Highway 224

Nova, OH 44859 Nova, OH 44859

(419) 652-3133 (419) 652-3818

Elaine Drotliff Diana Schlaufman

836 Township Road 150 946 Township Road 150

Nova, OH 44859 Nova, OH 44859

(419) 652-3122 (419) 652-3862
Page 37

David Schlaufman Vern Hurst

946 Township Road 150 995 Township Road 150

Nova, OH 44859 Nova, OH 44859

(419) 652-3862 (419) 652-3337

Frank Rickett Tod Crumrine

402 Township Road 791 173 State Route 511

Sullivan, OH 44880 Nova, OH 44859

(419) 652-3238 (419) 652-3194

Lois Kinter Bob Janca

Box 15 12595 New London E Road

U.S. Highway 224 West Homerville, OH 44235

Nova, OH 44859 (419) 648-2853

(419) 652-3892

Judith Casteel John Nethers, Ph.D.

7730 Firestone Road Professor of History

Homerville, OH 44235 Department of Social Sciences

(419) 625-2141 Bixler Hall -- Ashland College

Ashland, OH 44805

(419) 289-5381

Joanne Slorgie Anne Slorgie

129 Broadway Street 129 Broadway Street

Lodi, OH 44254 Lodi, OH 44254

(216) 948-2482 (216) 948-2482
Page 38

Linda Martz Phil Dague

Mansfield News-Journal 210 Township Road 2150

P.O. Box 25 Jeromesville, OH 44840

40 West Fourth Street (419) 368-3281

Mansfield, OH 44901

(419) 522-3311

Sue Grycza Leroy J. Keim

Ashland Times - Gazette Lodi, OH

40 East Second Street

Ashland, OH 44805

(419) 281-0581

David Yoder Ardith Jordan

Firestone Road Mary Beth Derekito

Homerville, OH Mary Warner

Eli Troyer
APPENDIX L -- PERMIT MODIFICATIONS FACT SHEET
Solid Waste and EPA/530-SW-89-050

United States Emergency Response September 1989

Environmental Protection (OS-305)

Agency

Modifying

RCRA Permits

Introduction

 The Resource Conservation and

Recovery Act (RCRA) requires each

hazardous waste treatment, storage,

and disposal facility to manage

hazardous waste in accordance with a

permit issued by the Environmental

Protection Agency (EPA) or a state

agency that has a hazardous waste

program approved by EPA. A RCRA

permit establishes the facility’s

operating conditions for managing

hazardous waste. EPA and state

agencies use the permit to specify the

administrative and technical

standards for each facility. Over

time, however, the facility needs to

modify the permit to improve

equipment or make changes in

response to new standards. 

Recognizing this, EPA established

procedures early in the program for

modifying permits. The Agency has

now revised these procedures to

provide more flexibility to both

owners and operators of facilities and

EPA and to increase public

involvement. This brochure briefly

describes EPA’s new procedures for

modifying RCRA permits.

 These procedures are effective now requested, holding a public hearing. 

in states where EPA administers the Public participation was limited to the

RCRA program. However, specific permit conditions being

authorized states will not use these modified.

procedures until they have adopted

them as part of their own programs.

The Old Process

 Acknowledges that a permit would unwieldy. It was impeding the ability

need to be modified for various of treatment, storage, and disposal

reasons during its life, EPA facilities to respond quickly to

established in 1980 a process for improvements in technology and

modifying them. The process shifts in the types of wastes being

included different procedures for generated. This made the routine

major and minor modifications. A changes necessary for effective

minor permit modification allowed a operations more difficult to

limited number of minor changes to accomplish. Furthermore, the

occur, after EPA reviewed and procedures often did not involve the

approved the modification request. public early enough in the

There was no requirement for public modification process.

notice and comment. In response to these concerns, EPA

 For major modifications, EPA developed new procedures with help

would follow procedures that were from representatives from states and

almost the same as those for issuing industrial, environmental, and public

an initial permit. These procedures interest groups. The new process

included developing a draft permit provides more flexibility for facilities

modification, announcing in a local to respond to changing conditions,

newspaper and on the radio the clean up waste, and generally

availability of the proposed improve their waste management

modification, providing a 45-day operations. In addition, the new

public comment period, and, if procedures allow for more public

A Need for Change

 The old permit modification

process was becoming increasingly

involvement by expanding public

notification and participation

opportunities.

 The Congress, in an effort to address the nation’s growing concern about its hazardous and solid waste problem, enacted the

Resource Conservation and Recovery Act (RCRA). The Hazardous and Solid Waste Amendments of 1984 greatly expanded

RCRA and the Environmental Protection Agency’s (EPA) authority to regulate the wastes.

 As a result, EPA is developing regulations and programs to reduce, recycle, and treat wastes: restrict land disposal and

require corrective action for releases of hazardous wastes, or their constituents, into the environment. EPA’s Office of Solid

Waste, through its publications, aims to foster public understanding and encourage citizen involvement in helping to manage

the nation’s waste problem.
The New Process

 The new process establishes three place of an informal public meeting.

classes of permit modifications and

sets administrative procedures for This public comment period is an

approving modifications in each opportunity for the public to review

class. the facility’s permit modification

Class One addresses routine and permitting agency -- early in the

administrative changes. Lowest process. All written comments

range of permit modifications. submitted during the 60-day

Class Two primarily addresses by the agency before a final decision

improvements in technology and is made on the modification request.

management techniques. Middle

range of modifications. The public meeting is conducted by

Class Three deals with major than 15 days after the start of the

changes to a facility and its comment period and no less than 15

operations. Highest range of days before it ends. The purpose of

modifications. this meeting is to provide for an

Class One Modifications

 Class One modifications do not change like

substantially alter the conditions in

the permit or reduce the facility’s Increases of 25 percent or less in

ability to protect human health and a facility’s tank treatment or

the environment. Such changes may storage capacity.

include

Improving administrative and new wastes that do not require

routine functions. different management practices.

Upgrading plans and records Modifications to improve the

maintained by the facility. design of regulated units or

Replacing some equipment with

functionally equivalent The new procedures require the

equipment. facility to submit a request for

 Most Class One changes do not permitting agency. The request

require approval by the authorized describes the change, explains why it

permitting agency -- either EPA or a is needed, and provides information

state -- before they are implemented. showing that the change complies

There are several types of changes, with EPA’s technical standards for

however, that may require such the facility. For Class Two

approval. EPA may deny any Class modification, a facility may begin

One modification. construction 60 days after submitting

 Notifying the Public. Within

90 days of implementing a change, a

facility making a Class One

modification must notify the public Involving the Public. The

by sending a notice to all parties on permit holder must notify people and

its mailing list. This mailing list organizations on the facility mailing

includes people and organizations list about the modification request by

who have asked to be notified of the sending them a letter and publishing

facility’s activities. The list is a notice in a major local newspaper. 

maintained by the permitting agency. The notice must appear within seven

Citizens may be added to the mailing days before or after the facility

list by sending a written request to submits the request to the permitting

the agency. Any member of the agency. The newspaper notice marks

public may ask EPA to review a the beginning of a 60-day comment

Class One modification. period and announces the time and

Class Two Modifications

 Class Two modifications include

those changes that enable a facility to

respond to variations in the types and

quantities of wastes that it manages,

technological advancements, and

new regulatory requirements. Class

Two changes do not substantially

alter the facility’s design or the

management practices prescribed by

the permit. They do not reduce -- and

in most cases should enhance -- the

facility’s ability to protect human

health and the environment. Under

some circumstances, the permitting

agency may determine that the

modification request should follow

the more restrictive Class Three

procedures.

 Class Two modifications address

Authorization to treat or store

improve management practices.

approval of the change to the

a request, although the permitting

agency may delay all or part of the

construction.

plans at the same time as the

comment period will be considered

the permittee and is held no fewer

exchange of views between the

public and the facility’s owner or

operator and if possible, to resolve

any issues concerning the permit

modification. The meeting is less

formal than the public hearings held

when a new RCRA permit is under

development. Because the meeting is

intended to be a dialogue between the

facility owner or operator and its

neighbors, the permitting agency is

not required to attend the meeting. 

EPA believes that the meeting will

result in more public comments being

submitted to the agency and perhaps

voluntary revisions to the permitted

facility’s notification request.

 To inform citizens about how the

facility has met the conditions of the

permit the permitting agency must

make the facility’s compliance

history available to the public. A

compliance history may include many

of any permit violations, when

violations have occurred, and how

the violations have been corrected.

 Default Provision. The

procedures for Class Two

modifications include a default

provision to ensure that the

permitting agency responds promptly

to the facility’s request. The agency

must respond to a request within 90

days or, if the agency calls for an

extension, 120 days. If the agency

does not reach a final decision on the

request within 120 days, the facility is

automatically allowed to conduct the

requested activities for 180 days. 

During this period, the facility must

comply with all federal and state

regulations governing hazardous
waste facilities. If the permitting 25 percent. quickly and that sudden changes in

agency still has not acted by day 250, Major changes to the facility’s operations not covered under a

the facility then must let the public groundwater monitoring program. facility’s permit can be addressed

know that the facility will become promptly. Activities performed under

permanently authorized to conduct a temporary authorization must

the proposed activities unless the comply with the applicable waste

agency approves or denies the management regulations. The facility

request by day 300. At any time must notify the public within seven

during the Class Two procedures, the days of making the request. The

agency may reclassify the request as permitting agency may grant a

Class Three if thee is significant temporary authorization without

public concern or if the permitting notifying the public. A facility may

agency determines that the facility’s renew a temporary authorization only

proposal is too complex for the Class by requesting permit modification

Two procedures. This and initiating public participation.

reclassification would remove the

possibility of an automatic decision

by default.

Class Two Modification

Schedule

Day 1 Modification request

received by agency. 

Newspaper notice

published and mailing list

notified.

Days

 15-45 Informal public meeting

held.

Day 60 Written public comments

due to agency.

Day 90 Agency response to Class

Two modification request

due. Deadline may be

extended 30 days.

Day 120 If no response, requested

activity may begin for 180

days.

Day 250 If still no response, public

notified.

Day 300 If still no response, activity

permanently authorized.

Class Three Modifications

 Class Three modifications address

changes that substantially alter a

facility or its operation. For example,

the following modification requests

fall under Class Three:

Requests to manage new wastes

that require different management

practices.

Major changes to landfill, surface

impoundment, and waste pile

liner, leachate collection, and

detection systems.

Increases in tank, container, or

incinerator capacity of more than

 Involving the Public. For

Class Three modifications, the facility

must initially follow the same public

notice, comment, and meeting

procedures as for Class Two

modifications. This allows for early

public review and comment on

proposed changes. Then the

permitting agency must prepare a

draft permit modification, allow 45

days for public comment on the draft,

hold a public hearing if requested,

and then issue or deny the permit

modification request.

Public Involvement Steps for

Class Three Modifications:

The facility representative

Requests a modification of the

permit to the permitting agency.

Notifies the public.

Holds a public meeting

The permitting agency

Allows 60 days for public

comment on the modification

requests.

Prepare draft permit modification

conditions.

Notifies the public of the agency’s

draft permit conditions.

Allows 45 fays for public

comment on permit conditions.

Holds a public hearing, if

requested.

Issues or denies the revised permit

conditions.

Temporary Authorization

 For certain Class Two or Three

modifications, the permitting agency

may grant a facility temporary

authorization to perform retain

activities for up to 180 days. For

example, temporary authorization

may be granted to ensure that

cleanups, or corrective actions, and

closure activities can be undertaken

Administering Permit

Modifications

 These procedures are effective only

in states where EPA administers the

RCRA program. States with

hazardous waste programs equivalent

to, or more stringent than, the federal

program may be authorized by EPA

to administered RCRA hazardous

waste programs. Authorized states

are not required to adopt this new

permit modification process, although

it is expected that many of them will. 

Therefore, for state-administered

RCRA permits, the state agency may

use different modification procedures

until it adopts the new modification

approach. However, EPA may use

these new procedures in authorized

states whenever it is necessary to

change a RCRA permit to implement

provisions imposed by federal law. 

EPA regional offices, listed below,

maintain up-to-date information

about which states are following this

and other hazardous waste programs.

Getting Involved

 EPA encourages community

involvement in the permitting and

permit modification processes. The

revised permit modification

procedures expand opportunities for

the public to be notified and to

participate. The procedures also

allow for the expeditious approval of 

requests when there is no apparent

public concern about proposed

changes.

Citizen Involvement Steps

Contact your EPA regional office

or state agency to identify the

permitting agency.

Write the permitting agency and
request to be put on the mailing list to State your support for, or objection Participate in the public meetings. 

receive notices of permit modification to, the requested modification These informal meetings allow

requests. during the public comment period facility representatives to explain

Review modification requests. and answer your questions.

by providing written comments. their permit modification requests

 For a copy of the new regulations governing the permit call EPA’s RCRA Hotline: 800-424-9346; in Washington,

modification process and more information on the new permit DC., the number is 382-3000. Or contact EPA Regional

modification process or other RCRA programs, Offices:

Region I Region V Region VIII

JFK Federal Building 230 S Dearborn Street 999 18th Street

Boston, MA 02203 13th Floor (HR-11) One Denver Pl., Suite 1300

(617) 573-9644 Chicago, IL 60604 Denver, CO 80202-2413

Region II

26 Federal Plaza

New York, NY 10278 First International Bldg.. 215 Fremont Street

(212) 264-8683 1445 Ross Avenue San Francisco, CA 94105

Region III

841 Chestnut Building

Philadelphia, PA 19107 1200 Sixth Avenue

(215) 597-7940 726 Minnesota Avenue Seattle, WA 98101

Region IV

345 Courtland Street, N.E.

Atlanta, GA 30365

(404) 347-3433

(312) 353-0398 (303) 293-1676

Region VI Region IX

Dallas, TX 75202 (415) 974-8026

(214) 655-6785

Region VII

Kansas City, KS 66101 (206) 442-1099

(913) 236-2888

Region X

United States

Environmental Protection

Agency

Office of Solid Waste

Washington, DC 20460
APPENDIX M -- PUBLIC PARTICIPATION RESOURCES

AVAILABLE TO THE PERMITTING AGENCY

Two keys to developing an effective public participation program are knowing who within your agency

or elsewhere can provide support on public participation activities and knowing where to obtain information. 

Most Regions have one person assigned as the public involvement coordinator (PIC). The PIC serves as a

liaison between community members and permit writers, enforcement personnel (both EPA and state), facility

owners and operators, and other individuals or groups. The PIC oversees the implementation of the overall public

participation program. He or she may handle logistics for public meetings, develop and maintain mailing lists,

and review and/or help prepare news releases, fact sheets, and informational materials.

Other individuals who may be able to assist with public participation activities include:

Other EPA Staff - Other members of the EPA Regional technical, legal, public affairs, project officer,

or permit writer staffs are also valuable resources. It is essential that these staff coordinate their efforts. They

can provide technical assessments of the facility for release to the public or provide information relative to permitting issues and aspects of enforcement, compliance, and corrective action activities developed for the facility. 

Graphic designers, typesetters, and other support staff can help you with your program. In addition, CERCLA

community relations coordinators in your office who have sites in the same community could take care of some

of your activities, or at least provide you with valuable advice.

State Personnel - In authorized states, most of the public participation responsibilities listed for EPA

staff will be assumed by state personnel. Regardless of authorization status, state agencies should play an active

role in the development and implementation of public participation programs. For example, agencies in

unauthorized states can provide information such as names for inclusion on a mailing list, background

information on a facility's history, and knowledge of community attitudes toward the facility.

Facility Staff - While oversight of the permitting and enforcement processes is the sole responsibility of

the regulatory agency, facility owners or operators are responsible for conducting a number of activities. In

addition, facilities resources and staff can provide for public participation activities that go beyond the regulatory

requirements. 

Public Interest Groups - Community groups, civic organizations, environmental groups, religious and

educational organizations may all provide public participation activities that supplement the requirements. The

agency may consider teaming with a local public interest group to provide opportunities for the public to learn

more about the permitting process or technical issues. Public interest groups may be able to provide resources or

personnel to help maintain repositories or to provide informational newsletters. The agency may also consider

contacting an impartial civic organization (e.g., the League of Women Voters) to mediate at public meetings or

other functions. 

Contractors - Public participation contractors who work for your agency can provide support by conducting some of the more time-consuming activities, such as community interviews or logistics for public

meetings.

If There's No One Who Can Help - You may be the only person available to conduct public

participation activities, in which case you need to estimate your level of effort carefully so that you can choose

the activities that will give you and members of the public the most benefit. You need to consider your schedule

as well, and plan activities so that they complement your technical schedule and leave time for appropriate public

participation.

Additional Sources of Assistance

Information Resources - Each EPA Regional office should have informational materials available to

help plan public participation strategies and assist in assessing a community's needs and in implementing

responsive activities. PICs should be able to guide you to specific manuals, guidance documents, and memoranda

that elaborate on regulations and principles of public participation and give helpful tips on implementing

successful programs. For example, the three-volume RCRA Public Involvement Reference Catalog (September
1990) is a repository of materials from which readers can gather ideas and information concerning the RCRA

program and RCRA public participation. You may also want to research materials from other EPA programs,

such as Superfund, or outside sources to gather ideas that may be useful in dealing with particular permitting

situations.

Training - Training is generally available for staff in a variety of areas, including public participation,

community relations, risk communication, and community outreach. If training specific to the RCRA program is

not available, you can easily adapt community outreach activities used in other programs to your RCRA situation. 

The techniques and methods used for RCRA public participation programs -- such as public meetings, fact sheets,

and information repositories -- are also used in other programs.

Other Materials - There also are ready-made resources available for you to use in your program. EPA

has developed fact sheet templates for RCRA actions, storyboards that describe the permitting process, and other

information materials to save you time in developing public involvement information. The Regional PIC can

provide more information on these materials. 
MEMORANDUM

SUBJECT: Implementation of the RCRA Expanded Public Participation Rule

FROM: Elliott Laws, Assistant Administrator

TO: Regional Administrators

Regions I - X

The Agency will soon take a major step forward in its effort to promote public

involvement and environmental justice by promulgating the “RCRA Expanded Public

Participation Rule.”

The final rule will improve the RCRA permitting process by: (1) providing earlier

opportunities for public involvement in the process and (2) expanding public access to

information throughout the permitting process and the operational lives of facilities. The

rule's requirements include: a facility-led pre-application meeting; agency notice at

application submittal; agency notice of impending trial burns; and a provision for information

repositories. 

 

Immediate Implementation

While the effective date of the rule will not arrive until six months after promulgation,

I am recommending that all EPA Regions start meeting the goals of the final rule as soon as

possible. The Regions, in turn, should encourage the States and individual RCRA facilities to

meet these goals even as States are pursuing authorization for components (e.g., this rule, BIF

permitting, and corrective action) of the RCRA program.

 

Early implementation of the final rule will allow the public to benefit immediately

from the rule's new and important procedures. This early implementation will be useful for

the entire program and help the Agency fulfill its commitment to meaningful public

involvement in RCRA permitting. 
2

I would like to express my appreciation to the Regions for working to achieve these

goals since the Agency proposed the rule in June 1994. We are encouraged by the positive

reception these new standards have received, and look forward to full implementation. 

Guidance on Equitable and Flexible Public Participation

The development of the final rule involved a balance between broader, more equitable

public participation and flexibility for individual permit writers, facilities, and communities to

adopt the most appropriate, site-specific approaches. Some of the principles underlying the

final rule would have been difficult to prescribe through regulation. We decided that, instead

of trying to achieve these goals through regulatory language, the public interest would be

served best by encouraging permitting agencies and permit applicants to adopt these

principles through guidance.

Consistent with this approach, you should abide by the following principles in your

permitting efforts:

Using all reasonable means to ensure that all segments of the population have an equal

opportunity to participate in the permitting process and have equal access to

information in the process. These means may include, but are not limited to,

multilingual notices and fact sheets, as well as translators, in areas where the affected

community contains significant numbers of people who do not speak English as a first

language; 

Addressing environmental justice concerns, in part, by expanding access to

information (particularly in a multilingual format) and opportunities for public input

(through tools such as information repositories); and

Going beyond the regulatory requirements, where appropriate, to provide for a level of

public involvement that is commensurate with public interest in the permitting issue.

I also encourage State permitting agencies and permit applicants to adopt these principles in

their dealings with the RCRA program. These policies will improve the RCRA permitting

program and promote the Agency's commitments in the area of equitable public participation.

We are providing further guidance for implementing the final rule and this policy

directive in our update of the 1993 RCRA Public Involvement Manual (EPA530-R-93-006,

September 1993). We anticipate issuing the new guidance document in Spring 1996. The

revised manual will provide guidance to regulated facilities and affected communities, as well

as permitting agencies.
3

If you need any additional information about the rule, the policies in this

memorandum, or the upcoming guidance manual please contact Patricia Buzzell of my staff at

(703) 308-8632.

cc: Michael Shapiro

Linda Garczynski, OSPS

Matt Hale

Frank McAlister

Patricia Buzzell

Fred Chanania

Paul Bangser, OGC

Hazardous Waste Management Division Directors, Regions I - X

Hazardous Waste Management Division Branch Chiefs, Regions I - X

RCRA Public Involvement Network

Lance Miller, Permits Improvement Team
APPENDIX 0 -- OVERVIEW OF PUBLIC PARTICIPATION IN THE

ENTIRE RCRA PROGRAM (EXCERPT FROM 1990 

RCRA ORIENTATION MANUAL)
SECTION VII

PUBLIC PARTICIPATION

OVERVIEW

GENERAL EPA PUBLIC PARTICIPATION REQUIREMENTS

- FREEDOM OF INFORMATION ACT

RCRA PUBLIC PARTICIPATION REQUIREMENTS

- STATUTORY REQUIREMENTS

- PROGRAM IMPLEMENTATION

- ENFORCEMENT

- REGULATIONS

- CONFIDENTIAL BUSINESS INFORMATION

- GUIDANCE

OUTREACH AND PUBLIC ASSISTANCE

- RCRA/SUPERFUND HOTLINE

- OFFICE OF OMBUDSMAN

SUMMARY
VII-1

SECTION VII PUBLIC PARTICIPATION

OVERVIEW

The right of the public to participate in government decisions is basic

to our democratic system. In few places is this right exercised more

than in the area of hazardous waste management. The public is

deeply concerned about, and often fretful of, the potential impacts of

hazardous waste on their health and safety. In recognition of their

rights and interest in hazardous waste management, and in a

conscious attempt to include them in the decision-making process, the

government gives the public numerous opportunities to get involved

in all phases of the RCRA program.

The overall goal of public participation is to build trust and

credibility, and to keep emotions, human energy, and conflicts focused

on substantive issues and solutions. Public participation provides an

opportunity for all interested parties to become informed and

involved, and to influence program development and implementation.

Further, EPA managers have found that active public participation

provides a forum to identify and address concerns thus reducing

conflict.

This chapter details the public participation framework established

for EPA and, where applicable, specifically for RCRA. It includes

descriptions of the statutory and regulatory requirements and a

summary of guidance materials that address public participation.

GENERAL EPA PUBLIC PARTICIPATION REQUIREMENTS

In consideration of the importance of citizen involvement, Congress

established public participation requirements that apply to all

environmental programs administered by EPA. They are outlined in

the Administrative Procedures Act ((aAPA) 5 U.S.C. Sections 551-

559) and include:

Providing information and soliciting comments on all

proposed and final Agency actions, e.g., the development of

regulations

Incorporating public comments into the decision-making

process, and

Establishing an appeals process for certain Agency decisions.
VII-2

State employees should consult State administrative regulations for

further guidance on public participation requirements. The

participation requirements in the Federal APA assure the public a

voice in EPA decision making.

Freedom of Information Act

The Freedom of Information Act (FOIA) -- which serves as the

government’s primary mechanism for handling information requests

-- guarantees that the public will have access to government records,

including those of the EPA. Specifically, it requires each Federal

agency to establish procedures for handling FOIA requests regarding

government statutes, regulations, standards, permit conditions,

requirements, orders, or policies.

EPA, therefore, has pursued a policy of fully disclosing its records to

the public, consistent with the rights of persons entitled to

confidential business information (CBI), and the need for EPA to

promote frank internal policy deliberations. EPA will disclose

information to any requester to the fullest extent possible without

unjustifiable expense or unnecessary delay.

FOIA requests are written for records held by or believed to be held

by EPA. FOIA requests must reasonably describe the records in a

manner that will permit proper identification of government

documents or records. Although requestors do not need to name the

specific documents in question, they must provide a clear description

of the information they seek. The FOIA refers to all written requests,

regardless of whether the requester refers to the FOIA or not. Any

existing form of information may be covered, but the FOIA does not

require the creation of new records. A FOIA request can be made by

any person, corporation, or organization.

RCRA PUBLIC PARTICIPATION REQUIREMENTS

However, because the issues surrounding hazardous waste

management often arouse intense public sentiments, the public

participation framework developed under RCRA further expands

citizen opportunity for involvement well beyond Agency-wide

requirements. This framework has three parts:

Statutory requirements

Regulatory requirements, and

Guidance.
VII-3

Statutory Requirements

When it implements the RCRA program within a State, EPA gives

the public access to facility and site information relating to

permitting, compliance, enforcement, and inspections. RCRA Section

3006 requires authorized States to make this information available to

the public in a manner substantially similar in method and degree to

EPA-implemented RCRA programs. In certain cases, however, the

information may be confidential and unavailable to the public, e.g.,

when company trade secrets are involved. The following section

discusses the specific requirements for dealing with confidential

business information which are principally regulatory requirements.

Program Implementation

Section 3006 of RCRA requires that public comments be solicited

before:

A State submits an application for Subtitle C final

authorization

EPA decides to grant or deny a State authorization

EPA withdraws a State’s authorization, and

EPA suspends or revokes a hazardous waste facility permit.

Enforcement

Section 7002 of RCRA gives fairly broad legal authority to ensure

that the entire RCRA program is properly implemented. It allows a

citizen to bring a civil suit against any person or government agency

alleged to be in violation of any permit, standard, regulation,

condition, requirement, or order that has become effective under the

Act.

HSWA expanded citizen rights to bring suit against RCRA violators

by allowing private individuals to initiate suits against any past or

present generator, transporter, owner, or operator of a facility who has

contributed to or is contributing to a condition that may present an

imminent and substantial endangerment to human health and the

environment.
VII-4

However, the right of citizens to bring suits under Section 7002 is

limited in certain situations. No suit may be brought if EPA or a

State is already taking enforcement action against the alleged violator.

HSWA further limits the reach of such suits by prohibiting them from

impeding permit issuance or facility siting. Finally, citizens are

prohibited from suing transporters for problems that arise following

the delivery of hazardous waste.

Regulations

The RCRA regulations under 40 CFR Part 25 focus on:

Ensuring that the public understands the RCRA program and

any proposed changes to it

Responding to public concerns and including the public in

the decision-making process

Developing a close link among EPA, States, and the public,

and

Providing opportunities for public participation beyond what

is required, whenever feasible.

To achieve these regulatory goals, agencies implementing RCRA are

required to:

Provide free copies of reports upon request

Alert interested and affected parties of upcoming public

hearings, and

Establish EPA-funded advisory groups when an issue

warrants sustained input from a core group of citizens.

In addition to the 40 CFR Part 25 regulations, EPA’s permitting

regulations (40 CFR Part 124) also address public participation.

They require the permitting agency to:

Notify the public of the intent to issue or deny a permit

Provide the public 45 days to comment on the permit

application

Consider public comments regarding permit violations, and

Notify the public of proposed major modifications to an
VII-5

operating permit. In addition, 40 CFR Parts 264 and 265 require public notice and

comments on RCRA closure plans.

Confidential Business Information

In the course of administering EPA programs, agency officials have

access to material containing CBI, e.g. trade secrets and proprietary

information. Because EPA must protect the rights of those who

submit privileged information, employees are required to take all

reasonable measures to prevent unauthorized disclosure of CBI

Regulations regarding confidentiality are contained in 40 CFR Part 2,

Subpart B. These apply to RCRA as well as other EPA programs.

These regulations identify the proper procedures businesses must

employ to claim confidentiality. In addition, these regulations

establish the guidelines EPA must use to determine the validity of the

claim, and impose rules for handling CBI.

When EPA notifies a business that it must submit confidential

information for review, EPA also must notify the business of its right

to assert a claim of confidentiality. Businesses responding to EPA’s

queries must clearly identify all confidential documents, materials,

and information. EPA then determines the validity of the CBI claim.

Businesses can claim information as confidential if it meets certain

criteria, e.g., it has been previously protected as confidential, or it is

not reasonably obtainable by others.

Employees authorized to use CBI are responsible for the control of

such information and they may discuss CBI only with other

authorized persons. Any violations should be reported immediately.

In addition, employees must not discuss CBI over the telephone and

when holding confidential information, they must store the

confidential materials in an approved container when not in use.

Finally, when working with representatives of businesses that have

submitted CBI, employees must verify the representatives’ identities

before discussing any of the confidential information.

Guidance

To supplement its statutory and regulatory requirements, EPA

developed guidance documents regarding public participation in

RCRA permitting. The guidance stresses the importance of:

Identifying public concerns early in the permitting process
VII-6

Encouraging the exchange of information among EPA, the

State, the permittee, and the community

Creating open and equal access to the permitting process,

and

Anticipating conflicts and providing an efficient method of

resolution.

In some cases, EPA or the State may develop a Public Involvement

Plan. This plan outlines the steps and actions EPA will take to

communicate with the public during the facility permitting process.

OUTREACH AND PUBLIC ASSISTANCE

A number of opportunities exist for the public to obtain RCRA

program information and assistance, including fact sheets and

pamphlets. Two particularly noteworthy programs include:

The RCRA/Superfund Hotline

The Office of Ombudsman.

RCRA/Superfund Hotline

Hazardous waste regulations often seem complex even to those

familiar with EPA’s programs. To assist the public in understanding

the RCRA and Superfund programs, EPA created the

RCRA/Superfund Hotline. Anyone may call the Hotline staff and ask

them questions related to the RCRA and Superfund programs. The

Hotline is staffed by professionals who are completely familiar with

the latest issues and regulations affecting EPA’s hazardous waste

programs. The Hotline is open Monday through Friday from 8:30

AM to 7:30 PM, and may be contacted at either (202) 382-3000, or

toll free (800) 424-9346.

Office of Ombudsman

In order to create a central clearinghouse for public concerns on

matters relating to the implementation and enforcement of RCRA,

EPA established the Office of Ombudsman and appointed a

Hazardous Waste Ombudsman in Headquarters and each Region.

The Ombudsman’s primary responsibility is to respond to questions

and complaints regarding EPA’s hazardous waste program. In

addition, the Ombudsman makes recommendations to the

Administrator based on inquiries received. The Headquarters

Ombudsman may be reached at:
VII-7

Office of Ombudsman To assist citizens with the RCRA program, EPA created a number of

U.S. Environmental Protection public outreach programs, the most noteworthy of these are the

Agency RCRA/Superfund Hotline and the Office of the Ombudsman.

Office of Solid Waste and

Emergency Response

Mail Code OS-130

401 M Street, SE

Washington, DC 20460

(202) 475-9361

SUMMARY

The public participation

framework developed under

RCRA expands citizen

opportunity for involvement well

beyond Agency-wide requirements

(outlined in the Administrative

Procedures Act and Freedom of

Information Act). This framework

consists of:

Statutory requirements

Regulations

Guidance.

RCRA-mandated programs

integrate public comment into

many decisions, including State

authorization and facility

permitting.

EPA adheres to legal requirements

for the access to and release of

information. In order to protect

rights of private industry, EPA

also has set standards for the use

of privileged company data. EPA

strictly regulates CBI by carefully

limiting employee access to such

information, by strictly controlling

the use and storage of such

information, and by verifying

corporate identify before

discussing such information.
VII-8
APPENDIX P -- PUBLIC PARTICIPATION IN ENFORCEMENT AND

COMPLIANCE
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

WASHINGTON, D.C. 20460

May 5, 1987

OFFICE OF 

SOLID WASTE AND EMERGENCY RESPONSE

MEMORANDUM

SUBJECT: Guidance for Public Involvement in RCRA

Section 3008(h) Actions

FROM: J. Winston Porter

Assistant Administrator

TO: ADDRESSEES

EPA is committed to providing meaningful opportunity to the

public to be informed of and participate in decisions that affect

them and their community. This memorandum provides guidance on

public involvement actions taken under Section 3008(h) of the

Resource Conservation and Recovery Act (RCRA).

It is highly likely that corrective action activities, which

differ from normal operations at a facility, will generate public

concern. The nature of the problem and the visibility of

corrective action activities are two reasons for EPA to involve

the public during the corrective action process. If the public

is informed early, and allowed to be involved in the decisionmaking, it is less likely that there will be opposition to the

decisions that are made. Also, valuable information can be

obtained from concerned citizens who may know the site and

facility’s history.

Section 3008(h), the interim status corrective action

authority, allows EPA to take enforcement action to require

clean-up at a RCRA interim status facility when the Agency has

information that there has been a release of hazardous waste or

hazardous constituents. We anticipate that the cleanup program

under Section 3008(h) will frequently be implemented with two

orders. The first order would require the owner or operator to

conduct a study to characterize the nature and extent of

contamination, and to develop a remedy or alternative remedies as

needed. Once a remedy has been selected, a second order would

require design, construction, and implementation of that remedy.
- 2 -

MINIMUM PUBLIC INVOLVEMENT REQUIREMENTS

Although there will be many situations where much

additional public involvement will be necessary, I would like to

emphasize that there are minimum requirements for all 3008(h)

orders, whether on consent or unilateral. Following the

respondent’s submission of its report on the RCRA Facility

Investigation and Corrective Measures Study, the Agency will

develop a proposed plan for corrective measures, or make the

decision that no corrective measures are necessary. The Agency

shall then (1) publish a notice and brief analysis of the

proposed plan for corrective measures, or of its decision that no

corrective measures are necessary, and make such information

available to the public, and (2) provide a reasonable opportunity

(ordinarily 30-45 days) for submission of written comments and,

if the Regional Administrator deems it appropriate, a public

meeting on the plan. If the Regional Administrator denies a

request for a public meeting, he shall explain his decision in

writing.

The Agency shall, as necessary, modify its proposed plan for

corrective measures on the basis of written and oral comments

received. Prior to issuance of the initial order for corrective

measures the Agency shall prepare a responsiveness summary

indicating whether and why it has accepted or rejected any

significant comments. Following finalization of the order for

corrective measures but before implementation of corrective

measures, notice of the final plan for corrective measures shall

be published and the plan shall be made available to the public.

Where, in the interest of protecting human health and the

environment, it is important that interim corrective measures be

implemented quickly, the public will have no advance opportunity

for written or oral comments. Here, EPA will simply provide

substantially contemporaneous notice to the public of interim

measures being implemented.

EXPANDED PUBLIC INVOLVEMENT MAY BE NECESSARY

The degree of public involvement in a corrective action

program will be determined by the amount of public interest in

the site, the actual or potential hazard to human health or the

environment and the type of clean-up action that will be

undertaken. In general, if the Agency has identified releases

and determined that they require investigation, the public should

be informed that studies are underway. The Region may also want

to hold additional public meetings if there is a lot of interest

in the facility. The public should be made aware of significant
- 3 -

technical issues at the site. There will be occasions where

affected citizens can make valuable contributions to remedy

selection through participation in technical discussions with

owners or operators and government representatives.

We strongly urge the use of a public involvement plan for

sites in which there is likely to be significant public interest. 

At appropriate points during the process, fact sheets can be

developed that should both inform the public and allay fears that

could surface if no substantive knowledge were made available. A

public involvement plan tailored to each site can also be very

helpful. You may refer to Community Relations in Superfund: A

Handbook March 1986, and Public Involvement Guidance in the

Permitting Program , March 1986, Directive 9500.01, for further

information on public involvement techniques and process. The

regional RCRA public involvement coordinator can also offer

valuable information and assistance.

There are limitations on the release or discussion of

certain information during the §3008(h) enforcement process. 

This is especially true during negotiations. The confidentiality

of statements made during the course of negotiations must be

maintained. Our goal during negotiations is to encourage frank

discussion of all issues, and try to resolve differences. Public

disclosure of this information would jeopardize the success of

the negotiations. Disclosures of strengths and weaknesses of a

case, information that is privileged and protected under the law,

enforcement strategy and timing would also jeopardize the

government’s enforcement position. If a case is referred to the

Department of Justice to initiate litigation, further constraints

may be placed upon public involvement. In this situation, the

scope of public involvement should be discussed with the lead DOJ

attorney.

Coordination among EPA and/or State personnel is very

important. At some sites, RCRA Permits and Enforcement Personnel

and Superfund will be involved, and a coordinated approach will

serve the Agency and the public best. In order to establish a

network whereby information can be exchanged, I would like each

region to appoint a coordinator for public involvement in

§3008(h) orders. This person may be from either your public

involvement or enforcement staffs. Please call Jackie Tenusak of

my staff at FTS 475-8729 with the name of your contact.

Thank you for your attention to this matter. Please do not

hesitate to call me, or any of our public involvement staff, if

you have questions.
- 4 -

ADDRESSEES

Regional Hazardous Waste Management Division Directors,

Regions I-X

RCRA Enforcement Section Chiefs

Regions I-X

RCRA Enforcement Branch Chiefs

Regions I-X

Public Involvement/Community Relations Coordinators

Regions I-X

cc: Pamela Garrow, OWPE

Olga Corey, OWPE

Vanessa Musgrave, OSW

Melissa Friedland, OERR
Office of March 1990

United States Enforcement 

Environmental Protection (LE-133)

Agency

The Public’s Role

In Environmental

Enforcement
1. Introduction 2. The First Steps

What can the public do to stop The two most important things to

pollution? This question is asked do when you see a potential

EPA every day by citizens who pollution problem are: (1) make

have seen a pollution problem in careful observations of the

their community and want to problem and (2) report it to the

solve it. proper authorities.

 This leaflet presents the first You should fully record your

basic steps any member of the observations. Write down when

public an take to help correct a you observed the problem (both

pollution problem. It describes date and time), where you

approaches that can help the observed the pollution, and how

reader deal with the type of you came to notice the pollution. 

violations most often encountered If the pollution problem has

by the public. Unfortunately, occurred more than once or is

space does not permit coverage continuing, write that down. If

of every possible rare case possible, try to identify the person

situation. or source responsible. If it is a

 Section 2 tells you how to truck dumping wastewater or

determine whether enforcement garbage, write down the license

techniques can help in dealing plate of the truck, the type of

with your particular pollution truck if possible, and note any

problem, and how to make signs or emblems on the truck. If

observations that can be used you have noticed a particular type

effectively. It describes the basic of smell, write down your best

steps you can use in any pollution description of the smell or odor. 

case. If the pollution is visible and you

 Sections 3 through 6 address have a camera, take a picture. If

the violations most often possible, you may want a friend,

encountered by the public in the neighbor, or family member to

major categories of water confirm your observations.

pollution, air pollution, hazardous Once you have carefully

waste pollution, and toxic observed the problem and written

substances pollution. It describes down your observations, you

some specialized steps that may should call the appropriate local

be useful for each of those or state authorities to inform them

environmental media. of your observations. Look in

your local telephone book in the

government pages for the county

or city office that might handle

the problem. Typically, such

offices will be listed as

environmental, public health,

public works, water pollution, air

pollution, or hazardous waste

agencies. If you cannot find a

county or city office, look for a

state government environmental

office. It may require a few calls

to find the correct offices, but

hang in there!

 Once you reach the appropriate

office, give the official all the

information on what you

observed and ask him or her to

look into the problem. You

should ask the official whether

the problem you have identified is

likely to be illegal, how common

it is, and how and when the office

will investigate. Make sure you

get the person’s name and

telephone number. If the person

does not call back or respond

promptly, call the person back

and ask what is going on.

 If the city or county

environmental agency does not

respond adequately to your

telephone call, you may call back

and ask to speak to the official

supervisor or boss. If the

supervisor is not available, get his

or her name and address. You

may then write this person a letter

describing the problem you have

observed and explaining your

dissatisfaction with the office’s

response to it. Or you could

contact the appropriate state

environmental office directly, by

telephone or letter. If you cannot

get an adequate response from

local or state environmental

offices, or you cannot find a local

or state office to call, you may

call the U.S. EPA regional office

that covers your area. A listing of

all the U.S. EPA regional offices,

with telephone numbers, is in the

last section of this booklet.

 If the pollution problem persists

and the local, state, and regional

U.S. EPA offices appear

unwilling or unable to help, you

may contact U.S. EPA

headquarters in Washington, DC. 

If you do not believe the

government agencies have

adequately responded to the

pollution problem, and you

believe the pollution is illegal and

the problem appears to be

continuing, you may have certain

individual rights under the citizen

suit provisions of the various

federal environmental laws that

you can assert to remedy the
pollution problem yourself. You Unfortunately, it is often difficult

may wish to contact your own to tell with the naked eye if a

attorney or a public interest person is complying with the

environmental group. A listing of terms of a NPDES permit. 

national and state environmental However, some reliable

groups is contained in the indicators of violations are a

Conservation Directory,

published annually by the

National Wildlife Federation,

Washington, D.C., and available

in many public libraries. If you

win such a lawsuit, the polluter

will likely be required to correct

the problem causing the

pollution, pay penalties to the

United States for violating the

law, and pay your attorney’s fees.

 Finally, if you are told that the

pollution problem you have

observed is legal, but you believe

it should not be legal, you are free

to suggest changes in the law by

writing to your U.S. Senator or

Representative in Washington,

D.C. or to your state governor or

state legislators to inform them of

the problem. Local libraries

should have the names and

addresses of these elected

officials.

3. How to Identify

And Respond to A

Water Pollution

Problem

Periodically, people may become

concerned that pollution of a

river, stream, lake, or ocean is

occurring. This concern may be

caused by the sight of an oil sheen

on the surface of a river, stream,

or lake. It might be caused by

their observing a discoloration of

the water in a stream or a pipe

discharging apparently noxious

liquids into a water body. 

Concern might also arise because

an unusual odor is emanating

from a body of water, or a

bulldozer is seen filling in a

marsh or wetland.

 While some water pollution is

an unfortunate consequence of

modern industrial life, there are

national, state and local laws that

limited the amount and kinds of

water pollution allowed, and in

some cases these laws completely

prohibit certain types of water

pollution. Sometimes it will be

easy for a citizen to identify water

pollution that is a violation of the

law, and sometimes it will be

difficult to identify the water

pollution problem without

sophisticated equipment.

 Here are a few general types of

water pollution problems a

citizen might observe:

 Rivers and Lakes - A citizen

might observe wastewater

flowing out of a pipe directly into

a stream, river, lake, or even an

ocean. Persons are only allowed

to discharge wastewater into a

water body if they have receive a

National Pollutant Discharge

Elimination System (“NPDES”)

permit and they are complying

with the requirements of that

permit. NPDES permits limit the

amount of pollutants which

persons are allowed to discharge. 

discharge that level visible oil or

grease on the water, a discharge

that has a distinct color or odor,

or one that contains a lot of foam

and solids. Further, if there are

dead fish in the vicinity of the

discharge, this is a strong

indicator of a water pollution

violation.

 Citizens should be aware that

all persons who discharge

wastewater to U.S. waters must

report their discharges. These

monthly reports (commonly

called Discharge Monitoring

Reports, or “DMRs”) indicate the

amount of pollutants being

discharged and whether the

discharger has complied with its

permit during the course of the

month. These reports (DMRs)

are available to the public

through state environmental

offices or EPA regional offices.

 Wetlands or Marshes - Under

the Federal Clean Water Act,

persons are only allowed to fill

wetlands (commonly known as

marshes or swamps) pursuant to

the terms of a special discharge

permit, commonly called a

Section 404 permit. “Filling a

wetland” generally means that a

person is placing fill or dredge

material (like dirt or concrete)

into the wetland in order to dry it

out so that something can be built

on the wetland. The Section 404

wetlands program is jointly

administered by the U.S. Army

Corps of Engineers and EPA. In

general, the United States is

committed to preserving its

wetlands (sometimes called the

“no-net loss” program) because

of the valuable role wetlands play

in our environment. In brief,

wetlands provide a habitat for

many forms of fish, wildlife, and
migratory birds; they help control when citizens become aware of a corrected. Confrontation of the

flooding and erosion; and they water pollution problem, there polluter is most practically

filter out harmful chemicals that are actions that they can take to achieved by contacting the local,

might otherwise enter nearby begin the process of correcting state, or federal environmental

water bodies. the problem and forcing the protection agency. In general, the

 In general, there is usually no violator to comply with the law. state environmental agency is

way to know if a wetland is being The first step is always to make responsible for making a

filled legally or illegally without careful observations of the preliminary assessment of the

knowing whether the person has pollution event that you are legality of the pollution event

a Section 404 permit and observing. It is best to make a observed, for investigating the

knowing the terms of that permit. written record of the time and vent, and, if necessary, for

However, if you notice fill place of the sighting. As many initiating an enforcement action

activity going on in a suspicious details as possible should be to bring the polluter into

manner, e.g., late at night, this recorded concerning the nature of compliance with the law. The

may suggest that the wetland is the pollution, for instance its citizen may also contact the U.S.

being filled illegally. If you see a color, smell, location, and its EPA regional office that covers

wetland being filled and are “oiliness”. It is extremely your state for assistance. A

curious whether there is a permit important, if possible, that the listing of all the U.S. EPA

authorizing such filling, you may source of the pollution be regional offices, with telephone

call the local Army Corps of identified, including the name and numbers, is listed at the end of

Engineers’ office or the EPA address of the perpetrator. If the this booklet.

regional offices in your state. If pollution is visible and you have a If the pollution problem persists

possible, you should tell the camera, you may take a picture. and the local, state, and regional

Army Corps or EPA the location If possible, you may want a U.S. EPA offices appear

of the wetland being filled, what friend, neighbor, or family unwilling or unable to help, you

kind of filling activity you member to confirm your may contact U.S. EPA

noticed, and who is doing the observations. headquarters in Washington, D.C.

filling. Once you have carefully Lastly, if you do not believe the

 Drinking Water - The

Nation’s drinking water is

protected through the Federal

Safety Drinking Water Act. 

Under this law, suppliers of

drinking water are required to

ensure that their water complies

with federal standards (known as

maximum contaminant levels, or

“MCLs” for various pollutants

and chemicals, such as coliform

bacteria. If drinking water

suppliers exceed a federal

standard, they are required to

immediately notify their users and

implement measures to correct

the problem. While you may not

be able to tell if your drinking

water is meeting all federal

standards without testing

equipment, if you notice any

unusual smell, taste, or color in

your water, you should

immediately notify the person

who supplies your water and the

appropriate state agency.

 In many of the circumstances

observed the problem and written federal, state, or local

down your observations, you governments have adequately

should call the appropriate local responded to the pollution

or state authorities to inform them problem, and you believe the

of your observations. Look in pollution is illegal and appears to

your local telephone book in the be continuing, you may have

government pages for the county certain individual rights under the

or city office that might handle citizen suit provisions of the

the problem. Typically, such various federal environmental

offices will be listed as laws that you can assert to

environmental, public health, remedy the pollution problem

public works, or water pollution yourself. The Federal Clean

agencies. If you cannot find a Water Act provides that a citizen

county or city office, look for a adversely affected by water

state government environmental pollution may bring a lawsuit on

office. behalf of the United States to

 As the next step, a correct the problem. If you want

determination must be made as to to do this, you will probably need

the legality of the discharge. If a lawyer to make an assessment

the discharge is, in fact, illegal, of the illegality of the pollution

the perpetrator must be event and your chances of

confronted, the discharging of succeeding in a lawsuit. There

pollutants or the filling of the are a number of public interest

wetland must be halted, and, if organizations who can be

feasible, the environmental contacted that are in the business

damage caused by the of bringing this kind of lawsuit. 

perpetrator’s actions must be (A listing of national and state
environmental groups is you have difficulty in getting a

contained in the Conservation

Directory, 1987, 32nd Edition,

published by the National

Wildlife Federation, Washington,

DC) If you win such a lawsuit,

the polluter will likely be

required to correct the problem

causing the pollution, pay

penalties to the United States for

violating the law, and pay your

attorney’s fees.

 Finally, if you have obtained

“insider” information that water

pollution is occurring, the Clean

Water Act protects you from

recrimination if the polluter is

your employer. Your employer

may not fire you or otherwise

discriminate against you based on

your “blowing the whistle”.

 To repeat, there are two ways to

proceed if you suspect that water

pollution is occurring: either

contact your state EPA or the

U.S. EPA to disclose your

information and/or initiate your

own citizen’s lawsuit.

4. Air Pollution

Smoke or Odor - There are

several air pollution situations a

citizen might observe. You might

observe visible emissions of air

pollutants, such as black clouds

of smoke, coming from a source

such as a factory or power plant. 

You might also notice a discharge

of air pollution because you can

smell a strong odor. In either of

these situations, these discharges

may or may not be a violation of

the Clean Air Act.

 The Clean Air Act does allow

some pollution discharges. The

goal of the Clean Air Act is to

keep the overall concentration of

the major air pollutants at a level

that will protect the public health. 

States then decide how they are

going to meet these air pollution

goals. A state may decide not to

regulate a particular category of

air pollution sources at all and to

concentrate its efforts elsewhere

in meeting its goals. Regulated

sources may have permits from

the state allowing them to

discharge a certain level of

pollution.

 The best course of action for a

citizen to take in these two

situations is first to try to

determine the exact source of the

pollution. If it is a visible

discharge, take a photograph. 

Also, note the exact time, day and

location you observe the

pollution.

 Then notify your local or state

air pollution or environmental

agency of your observations. 

They should be able to determine

if the source you observed is

regulated, and if so, whether the

discharge of pollution you

observed is legal. EPA usually

defers to the state for

enforcement. Only in limited,

appropriate circumstances does

EPA intervene to take

enforcement action. However, if

response from your state or local

agency, contact the nearest

regional office of EPA and report

your observations.

 Asbestos - Another situation a

citizen might encounter involves

construction work. Many old

buildings contain the hazardous

material, asbestos. Asbestos is

extremely harmful to human

health inhaled or ingested. When

buildings containing asbestos are

renovated or demolished, the

asbestos is broken up and can

become airborne and, therefore, a

health hazard.

 EPA regulations require all

parties associated with

renovations and demolitions

involving asbestos to notify EPA

of the work and follow certain

work practice requirements

aimed at eliminating or at least

minimizing the amount of

airborne asbestos. These

requirements largely consist of

wetting the asbestos at all stages

of the process so that it does not

become airborne. The

regulations also require the

asbestos to be stored and

disposed of in a particular

manner.

 There are several ways a citizen

might help identify a violation of

the asbestos regulations. If you

pass a construction site, you may

notice large amounts of white

dust coming from the site or

scattered around the site. These

could be violations if the debris in

question contains asbestos. One

way a citizen could verify that

asbestos is involved is looking for

a brand-name label stamped on

insulation that is still intact.

 Otherwise, trained inspectors

will have to take samples and

laboratory analysis of the debris

must be done to verify that it

contains asbestos.

 The most effective action to

take is to notify the nearest EPA

regional office about the site. 
EPA personnel can then check vehicles which require unleaded

their records to see if they have gasoline, and gasoline that is sold

received notice of the demolition as unleaded must not contain

or renovation, and can do an excess lead or alcohol. If you

inspection if it seems likely that know of a violation of the antiasbestos is involved. tampering or motor vehicle fuel

 Auto Warranties - The Clean

Air Act requires that motor

vehicles sold in the United States

meet prescribed emissions

standards. In order to ensure that

vehicle emissions remain low for

the useful life of the vehicle,

manufacturers are required to

provide broad emission warranty

coverage for vehicles that are less

than five years old and have been

operated for less than 50,000

miles. This warranty applies to

defects in any part whose primary

purpose is to control emissions,

such as the catalytic converter,

and in any part that has an effect

on emissions, such as the

carburetor (except parts that have

annual replacement intervals,

such as spark plugs). 

Manufacturers must make

emissions warranty repairs free of

charge for any labor or parts. If

you believe you are entitled to an

emissions warranty repair,

contact the person identified by

the manufacturer in your owner’s

manual or warranty booklet.

 If you are not satisfied with the

manufacturer’s response to your

emissions warranty claim, you

may contact EPA for assistance

by writing: Field Operations and

Support Division (EN-397F),

U.S. Environmental Protection

Agency, Washington, DC 20480.

 Removing Emission Control

Devices - The Clean Air Act also

seeks to prevent automotive

pollution by prohibiting the

removal or rendering inoperative

of emission-control devices by

new and used car dealers, repair

shops and fleet operators. In

addition, gasoline retailers are

prohibited from introducing

leaded gasoline into motor

rules, please contact EPA by

writing to the address listed

above.

 The Clean Air Act also has a

provision allowing citizens to sue

any person alleged to be in

violation of an emission standard

under the Clean Air Act (42

U.S.C. section 7604).

5. Hazardous Waste

Abandoned Sites, Barrels, etc.

When citizens see leaking barrels

(or barrels that look like they

might leak), pits or lagoons on

abandoned property, they should

avoid contact with the materials,

but note as thoroughly as possible

their number, size, and condition

(e.g., corroded, open, cracked)

and the material leaking (e.g.,

color, texture, odor) and report

these to the local fire department

or the hazardous waste hotline

(800-424-8802 or 202-367-

2675).

 If possible, take a photograph

of the area, but do not get too

close to the materials. If the

substances are hazardous, the

statute most likely involved is the

Comprehensive Environmental

Response, Compensation and

Liability Act (CERCLA or the

Superfund Law), and EPA or the

state should take the lead. Under

CERCLA, citizens have the

opportunity to, and are

encouraged to, involve

themselves in the community

relations program which includes

citizen participation in the

selection of a remedial action

 A citizen may file suit against

any person, including the United

States, who is alleged to be in

violation of any standard,

regulation, condition, requirement

or order that has become effective

under CERCLA, provided that

the citizen gives the violator,

EPA, and the state sixty days

‘notice of the intent’ to sue. A

citizen suit cannot be brought,

however, if the United States is

diligently prosecuting an action

under CERCLA.

Hazardous Waste Facilities

When citizens encounter leaks,

discharges or other suspect
emissions from a hazardous Citizens who provide

waste treatment, storage or information leading to the arrest

disposal (TSD) facility, they and conviction of persons who

should contact their state commit certain criminal

hazardous waste office or the violations under CERCLA may

local EPA Regional office to be eligible for a reward of up to

determine if the facility has a $10,000. These awards are often

Resource Conservation and offered in connection with a

Recovery Act (RCRA) permit or violator’s failure to make a

has been granted interim status to required report on a release of a

operate while it applies for a hazardous substance or the

RCRA permit. Any citizen may destruction or concealment of

obtain copies of a TSD facility’s required records.

permit and monitoring reports,

which would document any

violations, from the state agency

or EPA Regional office.

 A citizen may bring a civil

judicial enforcement action

against a RCRA violator

provided he gives the violator,

EPA, and the state sixty days

notice of the intent to sue, during

which time the state or EPA may

pursue an enforcement action. 

With certain limitations, a citizen

may also bring an action against

any person who has contributed

to or who is contributing to the

past or present handling of any

solid waste, including hazardous

waste, that may present an

imminent and substantial

endangerment to human health or

to the environment.

Transportation Spills

If you see a spill from a truck,

train, barge or other vehicle, you

should report it immediately to

the local fire and police. If it is

possible to read any labels on the

vehicle, without getting too close,

then you should report this

information as well.

 If you see a spill from a barge,

ship, or other vessel into

navigable waters or the ocean,

such as an oil pill from a tanker,

you should report the spill and

location to the United States

Guard, or call the hazardous

waste hotline (1-800-424-8802)

or (202) 267-2675).

6. Pesticides and

Toxic Substances

When citizens encounter

instances of pollution involving

pesticides or toxic substances, the

law that was actually violated will

most often be the Clean Water

Act, the Clean Air Act, or the

Resource Conservation and

Recovery Act. Most violations of

the Toxic Substance Control Act

or the Federal Insecticide,

Fungicide and Rodenticide Act

will be discovered only by

persons with special training or

with access to information that is

not generally available to the

public.

TSCA

Violations of the Toxic

Substances Control Act (TSCA)

that the public might observe

include:

-- Demolition of a building

containing asbestos without

proper measures to keep the

asbestos contained.

-- Improper storage or disposal of

transformers containing PCBs

(polychlorinated biphenyls).

-- Improper storage of asbestos.

 If you think you are seeing such

a violation, you should contact:

Office of Compliance Monitoring

(EN-342), U.S. Environmental

Protection Agency, Washington,

D.C. 20460, or call the National

Response Center for Oil and

Hazardous Material Spills at

(800-424-8802).

 Citizens suits are authorized

under TSCA (15 U.S.C. section

2619). Citizens may sue

violators of provisions

concerning PCBs, asbestos,

required testing of chemical

substances, notification to EPA
before manufacturing or

importing new chemicals, or

beginning a significant new use The Emergency Planning and

of chemicals. Community Right-to-Know Law

FIFRA

Citizens may encounter violations chemicals to report certain

of the provisions of the Federal information to federal, state and

Insecticide, Fungicide and local governments. For example,

Rodenticide Act (FIFRA) that these businesses are required to

govern the use of pesticides. report annual estimates of the

FIFRA requires that pesticides be amounts and types of toxic

used by the public only as chemicals they released or

specified on the label. Many disposed of during each calendar

pesticides are labeled for use only year. The data must be reported

by specially licensed applicators. to EPA and to state agencies, and

Others have been banned from they are available to the public

almost all uses, except for through an EPA compilation

particular uses where no other called the Toxics Release

pesticide [remainder of text

missing].

 Violations of FIFRA that

citizens may observe include:

-- Sale or use of banned

pesticides that are not registered

with EPA. These would lack the

EPA registration number that

must appear on every pesticide

label.

-- Use of pesticides in a manner

inconsistent with the directions

on the label.

-- Application of restricted-use

pesticides by unlicensed

applicators.

-- False or misleading labeling or

advertisement of pesticides.

 If you think you are seeing such

a violation, you should contact:

Office of Compliance Monitoring

(EN-342), U.S. Environmental

Protection Agency, Washington,

DC 20460, or cal the National

Response Center for Oil and

Hazardous Material Spills at (800

424-8802.

 There is no citizen suit

authority under FIFRA.

EPCRA

(EPCRA) requires a wide range

of businesses that manufacture,

import, process, use or store

Inventory. The data in this

inventory may be used by the

public to examine the practices of

particular manufacturers.

 If you believe that a business

that was subject to the EPCRA

requirement failed to report to the

Toxics Release Inventory, you

should contact: Of Compliance

Monitoring (EN-342), U.S.

Environmental Protection

Agency, Washington, DC 20460. 

A business’ failure to report toxic

releases may also be challenged

through a citizen suit under 42

U.S.C. section 11046(a)(1).

7. For Further

Information

State and local governments have

responsibility for enforcing most

environmental laws in the area

where you live. You can locate

them through your telephone

directory. In most communities,

the responsible agency is the city

or county health department. At

the state level, there is usually an

environmental agency that carries

out the pollution-control laws,

while an agriculture agency often

handles regulation of pesticides.

 EPA operates primarily through

ten regional offices, which will

help answer your questions if

your state or local agencies have

been unable to do so. Each

region has a staff specializing in

each of the environmental

programs discussed in this

publication. To locate a person

who can help you, call the public

affairs office in your EPA

regional office.

 These offices and the states they

cover are:
Region 1: Boston (617) 835-3424 CT, MA, ME NH, RI, VT

Region 2: New York City (212) 264-2515 NY, NJ, PR, VI

Region 3: Philadelphia (215) 597-9370 DE , DC, MD, PA, VA

Region 4: Atlanta (404) 257-3004 AL, FL, GA, KY, MS, NC, SC, TN

Region 5: Chicago (312) 353-2073 IL, IN, MI, MN, OH, WI

Region 6: Dallas (214) 255-2200 AR, LA, NM, OK, TX

Region 7: Kansas City (913) 757-2803 IS, KS, MO, NE

Region 8: Denver (303) 564-7666 CO, MT, AND, SD, UT, WY

Region 9: San Francisco (415) 484-1050 CA, HI, NV, Guam, American Samoa

Region 10: Seattle (206) 399-1466 AK, ID, OR, WA
APPENDIX T -- GLOSSARY OF ACRONYMS

ANPR Advance Notice of Proposed Rulemaking

CAG Community Advisory Group

CAMU Corrective Action Management Unit

CBEP Community Based Environmental Protection

CERCLA Comprehensive Environmental Response, Compensation and Liability Act

CFR Code of Federal Regulations

CMI Corrective Measures Implementation

CMS Corrective Measures Study

EPA Environmental Protection Agency

EPCRA Emergency Planning and Community Right-to-Know Act

FR Federal Register

HQ EPA Headquarters

HSWA Hazardous and Solid Waste Amendments

LEPC Local Emergency Planning Committee

NOD Notice of Deficiency

OSW EPA Office of Solid Waste

OSWER EPA Office of Solid Waste and Emergency Response

RCRA Resource Conservation and Recovery Act

RFA RCRA Facility Assessment

RFI RCRA Facility Investigation

SWDA Solid Waste Disposal Act

SWMU Solid Waste Management Unit

TAG Technical Assistance Grant

TRI Toxics Release Inventory

TSD Treatment, Storage, and Disposal Facility