Presentations were made to the Local Government and Small Business Assistance Advisory Group, the Ethnic Community Advisory Group, the Home Rule Advisory Group, and discussions were held with various environmental group representatives. In addition, staff attended EPA's Public Listening Session in Carson on August 2, 2000. Public comments which are at variance with staff's proposed comments, and staff's response, are summarized below. Staff's proposed comments urge EPA to take the position that permit renewals should not be the basis for complaint in the normal case. Several environmental groups commented that renewals should be a potential basis for complaint if either the operating conditions have changed or the demographics have changed since the permit was originally issued.
Staff concurs in the case where operating conditions have changed.
However, staff believes that where there is no change in operation, a renewal should not normally be the basis of complaint because of changed demographics which neither the permitting agency nor the facility could foresee. However, staff will impose conditions necessary to prevent a public nuisance at the time of permit renewal if there is a change in population, such as closer residences, which warrants such conditions. Therefore, these groups believe EPA should scrap the draft guidance and start over again. Staff, however, supports EPA's efforts to provide guidance to recipients which will help recipients avoid Title VI issues, and appreciates EPA's providing more specificity in the draft investigations guidance. Some environmental groups object to EPA's investigations process, which provides for the fund recipient to appeal EPA's initial decision, but does not provide an appeal for the complaining party.