VII-1

Public Participation SECTION VII SECTION VII

SECTION VII

PUBLIC PARTICIPATION

OVERVIEW

EPA is committed to involving the public in the

development and implementation of the solid

waste, hazardous waste, and UST environmental

decision-making. One of the Agency’s central

goals is to provide equal access to information and

an equal

opportunity to

participate.

EPA regards

public

participation

as an

important

activity that

empowers

communities to become involved in local

RCRA-related activities.

Through RCRA, Congress gave EPA broad

authority to provide for public participation in the

regulatory program. RCRA §7004(b) directs EPA

to provide for, encourage, and assist public

participation in the development, revision,

implementation, and enforcement of any

regulation, guideline, information, or program

under the Act.

The RCRA public participation requirements

bring government, private industry, public interest

groups, and citizens together to make important

decisions about hazardous waste, solid waste, and

UST facilities. Specifically, these groups and

In this section...

Overview........................................................... VII-1

Permitting ......................................................... VII-2

- Pre-Application Meeting ................................ VII-3

- The Draft Permit, Public Comment Period,

and Public Hearing ....................................... VII-4

- Permit Modification ........................................ VII-4

- Permit Renewals ........................................... VII-5

- Trial Burn Notices .......................................... VII-5

- Interim Status Facilities ................................. VII-5

- Post-Closure Permits .................................... VII-6

- Information Repositories ............................... VII-6

Corrective Action .............................................. VII-6

- Corrective Action Permits .............................. VII-7

- Corrective Action Orders ............................... VII-7

- Voluntary Corrective Action ........................... VII-7

State Authorization ........................................... VII-7

The Rulemaking Process ................................. VII-8

- Proposed Rulemakings ................................. VII-8

- Public Comment ............................................ VII-8

- Final Rulemakings ......................................... VII-9

Environmental Justice ...................................... VII-9

Outreach and Public Assistance ....................... VII-9

- Grants............................................................ VII-10

- Freedom of Information Act ........................... VII-10

- EPA's Office of Ombudsman ......................... VII-10

- RCRA Information Center ............................. VII-10

- RCRA, Superfund & EPCRA Hotline ............ VII-11

Summary .......................................................... VII-11
VII-2

 SECTION VII SECTION VII Public Participation

individuals have a stake in RCRA’s hazardous

waste management program, such as TSDF

permitting, corrective action, and state

authorization. On a broader level, the public also

has tremendous interest in EPA’s rulemaking

process and environmental justice.

Public involvement in the RCRA program

presents unique needs and opportunities. While

the Agency is firmly committed to promoting

broad and equitable public participation, EPA also

seeks to ensure the flexibility for individual permit

writers, facilities, and communities to adopt the

most appropriate, site-specific approach consistent

with the principles of fairness and openness. As a

result, in many instances, EPA references

guidance, instead of codified regulatory language,

to encourage all stakeholders, such as facilities,

permitting agencies , and the public, to strive

toward public involvement goals, while at the

same time maintaining the flexibility consistent

with a national regulatory approach.

EPA views public outreach as an essential

element of public participation. Public outreach

educates people about hazardous waste issues

and the RCRA decision-making process. Public

outreach also creates informal opportunities for

public input and dialogue. To expand public

participation, the Agency actively engages in

extensive public outreach activities.

PERMITTING

A focus of RCRA public participation is the

involvement of the public in the hazardous waste

TSDF permitting process. (Permitting is fully

discussed in Section III, Chapter 8.) TSDF owners

and operators handle large quantities of waste that

present potential risk to human health and the

environment. Public participation informs the

public of the types of wastes and management

methods that the TSDF owner and operator

intends to employ and allows the public an

opportunity to discuss the facility's anticipated

waste management activities with the owner and

operator. Communities may provide information

that facility owners and operators may not

otherwise have access to, and which may impact

some of the facility plans (e.g., information on day

care locations that might impact transportation

routes to and from the facility). Public

participation also benefits the TSDF owner and

operator because it fosters community relations

and can help to avoid delays and future litigation

by addressing public concerns up front.

From the permitting agency’s point of view,

the public can contribute valuable information

and ideas that can improve the quality of agency

decisions and permit applications. With public

input, permitting decisions are influenced by local

circumstances that technical staff alone cannot

provide.

The permitting process serves as an

appropriate mechanism for public participation

requirements because the permit serves as the set

of requirements against which compliance will be

measured. Public interaction in the process serves

both to educate the public and to allow the public

to express concerns to the facility and the

permitting agency. Each step in the RCRA permit

decision process is accompanied by public

participation requirements (see Figure VII-1). EPA

promulgated regulations in 40 CFR Parts 25, 124,

and 270 to create opportunities for the public to

learn about RCRA activities and provide input

THE IMPORTANCE OF PUBLIC PARTICIPATION

Public participation informs the public of the types of

wastes and management methods that a TSDF

owner and operator intends to employ and allows the

public an opportunity to voice its concerns about

these risks. Public participation also benefits the

TSDF owner and operator because it fosters

community relations and can help to avoid delays

and future litigation by addressing public concerns up

front.
VII-3

Public Participation SECTION VII SECTION VII

during the permitting process. These

requirements may not be sufficient in all cases.

Permitting agencies and facilities should consider

going beyond the regulatory requirements, as

necessary, to provide for meaningful and equitable

public participation.

Public interaction occurs during preapplication meetings, public comment and

response periods, and public hearings. Through

all of these steps, the public can engage facility

owners and operators and regulators in a dialogue.

This dialogue is crucial because a successful public

participation program requires the flow of

information among all stakeholders.

EPA encourages public participation activities

that occur outside the formal permitting process.

Citizens can contact environmental, public

interest, and civic and community groups that

have an interest in the facility and become

involved in their activities. The permit applicant

may also create informal opportunities for public

input and dialogue.

■ Pre-Application Meeting

The public participation provisions require

prospective applicants to hold an informal public

meeting before submitting an application for a

RCRA permit. The permit applicant should select

a meeting time, date, and place that are

convenient to the public. The permit applicant

must provide notice of the pre-application

meeting at least 30 days prior to the meeting in a

manner that is likely to reach all members of the

affected community. The applicant must advertise

the meeting in the newspaper, through a

broadcast announcement, and on a sign posted at

or near the property. The meeting will provide a

chance for the community to interact with and

provide input to an owner and operator before

the submission of the permit application. At the

meeting, the owner and operator should describe

the facility in the level of detail that is practical at

Upon receipt of 

application, permitting 

agency sends notice to 

everyone on facility 

mailing list indicating 

where public can view 

application 

Permitting agency 

notifies public of 

decision to issue a draft 

permit or a notice of 

intent to deny, and 

opens minimum 45-day 

comment period

During comment period, 

public or permitting 

agency may request a 

hearing; Permitting 

agency must notify 

public at least 30 days 

prior to such a hearing

After comment period 

closes, permitting agency 

reviews and evaluates all 

comments, and issues a 

final permit decision

Permitting agency 

notifies the facility owner 

and operator, public 

commenters, and all 

other persons who 

requested notice on the 

final permit decision

Permit applicant submits 

permit application, including 

a summary of the public 

meeting that includes 

details of the meeting and 

list of attendees

Informal public meeting 

Facility notifies public of 

informal meeting at least 30 

days prior to meeting

Figure VII-1: PUBLIC INVOLVEMENT IN THE

RCRA PERMITTING PROCESS
VII-4

 SECTION VII SECTION VII Public Participation

the time of the meeting to give the public enough

information to understand the facility operations

and potential impacts to human health and the

environment. The permit applicant must submit

with the permit application a summary of the

meeting and a list of all attendees. Upon receipt

of the permit application, the permitting agency

must send a notice to everyone on the facility

mailing list specifying where the public can

examine the application. Thus, the public may

begin reviewing the application at the same time

as the permitting agency.

■ The Draft Permit, Public Comment The Draft Permit, Public Comment

Period, and Public Hearing

Once the permit application is complete, the

permitting agency will decide whether to issue a

draft permit or a notice of intent to deny. In either

case, the permitting

agency notifies the

public of its decision

and announces the

opening of a

minimum 45-day

public comment

period. The

permitting agency

prints the notice in a

local paper,

broadcasts the

notice over a local radio station, and sends a copy

to the mailing list recipients and relevant agencies.

The permitting agency also prepares a fact sheet

or statement of basis regarding its decision. The

fact sheet (or statement of basis) explains the

factual, legal, methodological, and policy

questions considered in making the decision to

issue or deny the permit.

Any person may request a public hearing

during the comment period. The permitting

agency holds a hearing if someone submits a

written notice of opposition to the draft permit

and a request for a hearing, or if the permitting

agency finds a significant degree of interest in the

draft permit. The permitting agency may also hold

a public hearing at its own discretion. The

permitting agency must notify the public at least

30 days prior to the hearing.

The comment period on the draft permit

allows public submission of written concerns and

suggestions to the permitting agency in writing.

The permitting agency describes and responds to

all significant comments raised during the

comment period.

After the public comment period closes, the

permitting agency will review and evaluate all

comments and issue a final permit decision. The

agency sends a notice of decision to the facility

and any person who submitted comments or

requested notice on the final permit decision.

■ Permit Modification

As with the initial permit process, permit

modifications can raise public concerns that must

be addressed through public participation. Public

participation responsibilities and activities vary

depending on who initiated the modification and

the degree to which the modification changes the

facility permit. When a modification is proposed,

only the permit conditions subject to modification

are reopened for public comment.

Permitting agencies may initiate a permit

modification if there are substantial alterations or

additions to the facility, if new information is

received by the permitting agency that was not

available at the time of permit issuance, or if new

regulations or judicial decisions affect the

conditions of the permit. Agency-requested

permit modifications are subject to the same

public participation requirements that are

required during the permitting process.
VII-5

Public Participation SECTION VII SECTION VII

Permit modifications initiated by the facility

owner and operator are categorized as Class 1, 2,

or 3 according to how substantively they change

the original permit. The only public involvement

requirement for Class 1 modifications is that

within 90 days of implementing a change the

facility must send a notice to all parties on the

mailing list compiled by the permitting agency.

The Class 2 modifications are more stringent

than Class 1 modifications, and involve public

notice in a local newspaper, a 60-day comment

period, and a public meeting held no earlier than

15 days into the comment period and no later

than 15 days before it ends. At any time during

the Class 2 procedures, the permitting agency may

reclassify the request as a Class 3 modification if

there is significant public concern or if the agency

determines the modification is too complex for

the Class 2 procedures.

Class 3 modifications address changes that

substantially alter a facility or its operations, and

often raise significant public concern. While these

modifications are subject to the same public

participation provisions as Class 2 modifications,

Class 3 modifications require the permitting

agency to provide the public with additional

opportunities to participate in the process. For

example, the permitting agency must issue a

public notice of the agency's draft permit decision,

allow for a 45-day public comment period on the

decision, develop a fact sheet or statement of

basis, and hold a public meeting (if requested)

with 30-day advance notice.

■ Permit Renewals

A facility owner and operator who makes a

significant change during the renewal of their

permit is also subject to the pre-application

meeting and notice requirements. A significant

change in facility operations is a change that is

equivalent to a Class 3 modification. This

requirement ensures that if during permit renewal

a facility makes significant changes to an already

publicly reviewed and approved permit, the

public will have an opportunity to participate in

the permit review and approval process.

■ Trial Burn Notices

Owners and operators of new hazardous

waste combustion facilities may not commence a

trial burn until after the permitting agency has

issued the required notice. EPA anticipates that

permitting agencies will typically notify the public

at least 30 days prior to the trial burn. The notice

requirement applies only to the initial trial burn,

and not to subsequent burns that may be

conducted as part of a permit modification. For

interim status combustion units, the permitting

agency must also provide public notice of the

intent to approve a trial burn plan.

■ Interim Status Facilities

In general, interim status facilities are not

required to follow any standardized public

participation procedures until the facility owner

and operator applies for a permit. Implementing

PUBLIC PARTICIPATION DURING

PERMIT MODIFICATIONS

Public participation requirements during permit

modifications vary depending on the extent of the

modification. Class 1 permit modifications require that

within 90 days of implementing a change, the facility

must send a notice to all parties on the mailing list

compiled by the permitting agency. Class 2 permit

modifications involve public notice in a local

newspaper, a 60-day comment period, and a public

meeting held no earlier than 15 days into the comment

period and no later than 15 days before it ends. While

Class 3 modifications are subject to the same

requirements as Class 2 modifcations, such

modifications require the permitting agency to provide

the public with additional opportunities to participate in

the process.
VII-6

 SECTION VII SECTION VII Public Participation

agencies may need to use innovative techniques

to communicate with the public about interim

status facilities. EPA acknowledges that each

situation will require a different type and level of

community involvement in order to address public

concerns.

■ Post-Closure Permits

Owners and operators who submit a permit

application for the purpose of conducting postclosure activities are not subject to the

pre-application meeting and notice requirements.

EPA’s experience is that the public has usually

been concerned with permit decisions related to

active hazardous waste management operations

rather than closed facilities. Post-closure activities

are subject to the public notice and comment

period at the draft permit stage.

■ Information Repositories

In certain instances, RCRA permits can be the

subject of intense debate. When public interest is

strong, the demand for information increases.

The public participation requirements allow the

permitting agency to require a permit applicant to

set up an information repository at any time after

submittal of the permit application and during the

life of the permit. The repository will hold all

information and documents that the permitting

agency decides are necessary to adequately

inform and educate the public. EPA intended for

permitting agencies to use the information

repository requirement sparingly on a case-bycase basis when a significant amount of public

concern has surfaced or where the community has

unique information needs.

CORRECTIVE ACTION

Corrective action investigations and remedial

actions at hazardous waste facilities also create

strong community interest because contamination

can directly affect and impact communities.

(Corrective action is fully discussed in Section III,

Chapter 9.) The community may seek information

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 provide input to the

overseeing agency or the facility about the

cleanup of the contamination.

More than 5,000 facilities are subject to RCRA

corrective action. The necessary degree of

cleanup at these sites varies significantly. Program

implementors are granted latitude in structuring

the corrective action process, developing cleanup

objectives, and selecting remedies appropriate to

site-specific circumstances. Similar latitude is

allowed in determining the best approach to

public participation, in order to provide

opportunities appropriate for the level of interest

of the community.

Public participation requirements during

corrective action are established in regulations;

further recommendations are set out in guidance.

The regulations set requirements that facilities and

implementing agencies must meet when a permit

is issued or modified to incorporate corrective

action provisions.

In the absence of final regulations specifically

addressing public participation during corrective

action, program implementors and facility owners
VII-7

Public Participation SECTION VII SECTION VII

and operators should develop public participation

strategies on a site-specific basis, consistent with

existing public participation requirements and the

program goal of full, fair, and equitable public

participation. Permitting agencies and facilities

should make all reasonable efforts to provide for

early public participation because important

corrective action decisions are made during the

site investigation and characterization. At a

minimum, information regarding corrective action

activities should be available to the public and the

public should be given an opportunity to review

and comment on proposed corrective action

remedies.

■ Corrective Action Permits

When corrective action is part of the RCRA

permitting process, it follows the public

participation requirements associated with

permitting. Thus, the corrective action provisions

in any permit application are available for public

review throughout the permitting process and the

public can comment on them at the draft permit

stage.

■ Corrective Action Orders

EPA regulations do not require that corrective

action activities that are imposed or overseen

through an order include public participation.

However, EPA’s policy is that the same level of

public participation requirements imposed under

a permit should generally apply under a corrective

action order. There may be limitations on the

implementing agency’s ability to release or discuss

certain information when using an order, but if

public interest in the facility is high, the agency

should address concerns without breaching the

confidentiality of the owner’s and operator’s case

by at least discussing why limitations are necessary,

and if and when they will be lifted.

EPA has clarified various issues in reference to

public participation activities during RCRA §7003

imminent hazard cleanups. Specifically, §7003

orders should involve public participation to the

maximum extent possible. During these cleanups,

EPA should provide public notice and an

opportunity to comment when the Agency issues

the order, during the remedy selection process,

and upon Agency determination that the cleanup

has been completed. When situations prevent

public participation from occurring, the Agency

should involve the public at the earliest

opportunity. The Agency may also consider

holding public meetings to address concerns if the

site has attracted significant attention.

■ Voluntary Corrective Action

Although EPA typically has less control over

public participation during voluntary corrective

action, the Agency encourages the use of public

participation and will generally take into account

the level of public participation conducted by the

facility owner and operator when evaluating the

acceptability of voluntary actions.

STATE AUTHORIZATION

RCRA also requires public involvement when

EPA authorizes states to implement the hazardous

waste regulations. Such public involvement is

intended to allow the public to voice their

PUBLIC PARTICIPATION

DURING CORRECTIVE ACTION

When corrective action is part of the RCRA permitting

process, it follows the public participation

requirements associated with permitting. While EPA

regulations do not require public participation for

corrective action activities that are imposed or

overseen through an order, EPA’s policy is that the

same level of public participation requirements

imposed under a permit should generally apply under

a corrective action order.
VII-8

 SECTION VII SECTION VII Public Participation

concerns regarding the change in implementing

agency. Specifically, during the state authorization

process, a state must provide public notice and an

opportunity for public hearing before submitting

its application for final authorization. The Statute

also requires that EPA provide opportunity for

public hearing before it decides to grant or deny a

state’s authorization and before EPA withdraws a

state’s authorization. (State authorization is fully

discussed in Section III, Chapter 11.)

THE RULEMAKING PROCESS

Besides facilitating public participation during

hazardous waste TSDF permitting, corrective

action, and state authorization under the RCRA

Subtitle C program, EPA proactively initiates public

involvement activities as part of all formal RCRA

rulemakings. Congress, through the

Administrative Procedures Act (APA) (5 U.S.C.

Sections 551-559), established the legal

requirement that federal agencies provide the

public with notice and an opportunity to

comment on rulemakings. The Act addresses

rulemaking procedures as well as site-specific

licensing procedures, access to agency

information, and procedures and standards for

judicial review of agency actions. All

environmental rulemakings proposed and finalized

by EPA include public participation throughout the

process (see Figure VII-2).

■ Proposed Rulemakings

The first step in the rulemaking process is the

issuance of the notice of proposed rulemaking by

EPA. The forum for providing the public with

notice of a proposed rule is the Federal Register.

The notice must include a statement of the time,

place, and nature of the rulemaking, a reference

to the legal authority under which the rule is

proposed, and the terms of the proposed rule.

■ Public Comment Public Comment

After notice is given, EPA must provide

interested persons an opportunity to participate in

the rulemaking through submission of written

data, views, or arguments. This process not only

educates the public, but also provides valuable

information to EPA during the regulatory

development process. Up-front participation

reduces the likelihood of litigation challenging

subsequent regulations. Public participation can

take many forms, including opportunity for a

hearing, opportunity for access to EPA materials,

and opportunity for written comments on

proposals.

Figure VII-2: THE RULEMAKING PROCESS

EPA issues notice of proposed 

rulemaking in the Federal Register

EPA issues notice of final rulemaking in 

the Federal Register and responds to 

public comments in the rule’s preamble

If necessary, EPA will give any interested 

party the right to petition for the issuance, 

amendment, or repeal of the rule

Public responds to notice of proposed 

rulemaking (e.g., attends hearings, 

submits written comments)

EPA revises notice of

 proposed rulemaking 
VII-9

Public Participation SECTION VII SECTION VII

■ Final Rulemakings

Once public comments are considered, EPA

will revise the proposed rulemaking. The rule will

often change between its proposal and finalization

as a result of public comments. The final rule is

published in the Federal Register, and EPA will

respond to public comments in the rule’s

preamble. After final promulgation, EPA must

give any interested party the right to petition for

the issuance, amendment, or repeal of the rule.

■ Rulemaking Information

EPA evaluates a variety of background

information, as well as public comments, in the

development of a particular rulemaking. Each

Federal Register lists a background docket that is

available for public viewing. This docket contains

all the background documents, including scientific

studies, risk assessments, public comments, and

EPA responses, that were used for that particular

rulemaking.

In addition to the background docket, the

Federal Register also contains regulatory impact

analyses. These are analyses of a particular

rulemaking’s effects on other environmental

regulations and economic impact on the regulated

community.

In these analyses, EPA evaluates the effects this

rule will have on other environmental regulations,

such as CERCLA and CWA, and publishes the

expected impacts in the Federal Register. In

addition, EPA studies the economic effects of a

particular rule on the regulated community to

determine compliance costs. As required by the

Regulatory Flexibility Act of 1980, the Agency also

evaluates the impacts of the rulemaking on small

businesses, small organizations, and small

governmental jurisdictions.

ENVIRONMENTAL JUSTICE

Environmental justice refers to the fair

distribution of environmental risks across

socioeconomic and racial groups. On February

11, 1994, President Clinton issued Executive

Order 12898,

directing federal

agencies to

identify and

address

environmental

concerns and

issues of

minority and

low-income

communities.

EPA is

committed to equal protection in the

implementation and enforcement of the nation’s

environmental laws. EPA believes that

environmental justice issues should be addressed

on a local level and on a site-specific basis. EPA

encourages permitting agencies and facilities to

use 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.

OUTREACH AND PUBLIC

ASSISTANCE

A number of opportunities exist for the public

to obtain RCRA program information and

assistance. These include grants, the Freedom of

Information Act, EPA Office of Ombudsman, the

RCRA Information Center, and the RCRA,

Superfund & EPCRA Hotline.

La Noticia

Le Figaro
VII-10

 SECTION VII SECTION VII Public Participation

■ Grants

Under RCRA §7007, EPA has the authority to

provide grants to states, municipalities,

educational institutions, or any other organization

to help these groups effectively implement training

programs that demonstrate solid waste

management and resource recovery operations.

Such grants provide governments and nonprofit

organizations with the opportunity to further the

goals of Act through public outreach.

■ Freedom of Information Act Freedom of Information Act

The Freedom of Information Act (FOIA)

provides private parties with the right to obtain

information in the possession of the government.

Unless materials are promptly published and

copies are offered for sale, each agency must

make information available for public inspection

and copying. FOIA requires each agency to

establish procedures for handling requests

regarding government statutes, regulations,

standards, permit conditions, requirements,

orders, and policies.

There are certain materials which are not

subject to FOIA. These include:

• Draft materials

• Matters of national defense or foreign policy

• Material related solely to internal personnel

rules and practices

• Trade secrets and privileged commercial or

financial information

• Investigation material collected for

enforcement purposes

• Geological and geophysical information and

data.

EPA has pursued a policy of fully disclosing its

records to the public, consistent with the rights of

individuals to privacy, the rights of persons entitled

to protection under confidential business

information (CBI) provisions, and the need for EPA

to promote internal policy deliberations. EPA will

disclose information to any requester to the fullest

extent possible without unjustifiable expense or

unnecessary delay.

■ EPA’s 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 at

EPA Headquarters and each EPA Region. The

primary responsibilities of the Ombudsman are to

respond to questions and complaints regarding

implementation of the RCRA program.

Additionally, the Ombudsman makes

recommendations to the EPA Administrator based

on inquiries received. The EPA Headquarters

Ombudsman may be reached by contacting:

Office of Ombudsman

U.S. Environmental Protection Agency

Office of Solid Waste and Emergency

Response

401 M Street, S.W.

Washington, DC 20460

(800) 262-7937

■ RCRA Information Center RCRA Information Center

The RCRA Information Center (RIC) houses

the background dockets for all RCRA rulemakings,

as well as additional EPA publications on RCRA.

The public can view docket materials Monday

through Friday from 9:00 a.m. to 4:00 p.m., EST.

The public can make an appointment to review

these materials by calling (703) 603-9230. A

maximum of 100 pages may be copied from any

regulatory document at no charge and additional
VII-11

Public Participation SECTION VII SECTION VII

copies cost $0.15 per page. The RIC is located at

Crystal Gateway I, First Floor, 1235 Jefferson Davis

Highway, Arlington, Virginia.

■ RCRA, Superfund & EPCRA Hotline

The RCRA, Superfund & EPCRA Hotline is a

publicly accessible service which provides up-todate regulatory information. The Hotline

responds to factual questions on federal EPA

regulations

developed under

RCRA, CERCLA,

EPCRA, the Oil

Pollution Act (OPA),

and SPCC. The

Hotline is staffed by

professionals who are completely familiar with the

latest issues and regulations affecting the

hazardous waste program. The Hotline is open

Monday through Friday from 9:00 a.m. to 6:00

p.m., EST, and may be contacted at either (703)

412-9810, or toll-free, (800) 424-9346.

SUMMARY

EPA is committed to involving the public in the

development and implementation of the solid

waste, hazardous waste, and UST regulations and

seeks to empower communities to become

involved in local RCRA-related activities. To

achieve these goals, the RCRA public participation

requirements bring government, private industry,

public interest groups, and citizens together to

make important decisions about hazardous waste

management facilities.

A focus of RCRA public participation is the

involvement of the public in the hazardous waste

TSDF permitting process. The public interaction

occurs during pre-application meetings, public

comment and response periods, and public

hearings. RCRA includes specific provisions to

involve the public in all stages of the hazardous

waste TSDF permitting process: prior to the initial

permit application; after draft permit issuance;

and during permit modifications, permit renewals,

post-closure permits, and trial burns.

In addition, RCRA requires public involvement

during Subtitle C corrective action, whether such

cleanups are instituted through a permit or order,

or conducted voluntarily. RCRA also requires

public involvement when EPA authorizes states to

implement the hazardous waste regulations.

While RCRA’s initiatives to facilitate public

participation during hazardous waste TSDF

permitting, corrective action, and state

authorization are limited to the RCRA Subtitle C

program, EPA is required to comply with the

public involvement provisions under APA for all

formal rulemakings under all RCRA subtitles.

Consistent with Executive Order 12898,

directing federal agencies to identify and address

environmental concerns and issues of minority

and low-income communities, EPA encourages

allowing all segments of the population equal

access to information pertaining to the RCRA

program.

 To assist in disseminating information and

promoting public education about the RCRA

program, EPA engages in several outreach and

public assistance mechanisms. The Agency

provides training grants, allows access to

information through the Freedom of Information

Act, and provides program information through

the EPA Office of Ombudsman, the RCRA

Information Center, and the RCRA, Superfund &

EPCRA Hotline.