EPA's
PUBLIC
INVOLVEMENT
POLICY
(
Final
May
2003)

Introduction
EPA's
mission
is
to
protect
human
health
and
the
environment.
To
achieve
that
mission,
EPA
needs
to
continue
to
integrate,
in
a
meaningful
way,
the
knowledge
and
opinions
of
others
into
its
decision­
making
processes.
Effective
public
involvement
can
both
improve
the
content
of
the
Agency's
decisions
and
enhance
the
deliberative
process.
Public
involvement
also
promotes
democracy
and
civic
engagement,
and
builds
public
trust
in
government.

EPA
has
long
been
committed
to
public
involvement.
The
fundamental
premise
of
this
Policy
is
that
EPA
should
continue
to
provide
for
meaningful
public
involvement
in
all
its
programs,
and
consistently
look
for
new
ways
to
enhance
public
input.
EPA
staff
and
managers
should
seek
input
reflecting
all
points
of
view
and
should
carefully
consider
this
input
when
making
decisions.
They
also
should
work
to
ensure
that
decision­
making
processes
are
open
and
accessible
to
all
interested
groups,
including
those
with
limited
financial
and
technical
resources,
English
proficiency,
and/
or
past
experience
participating
in
environmental
decision­
making.
Such
openness
to
the
public
increases
EPA's
credibility,
improves
the
Agency's
decision­
making
processes,
and
informs
its
final
decisions.
At
the
same
time,
EPA
should
not
accept
any
recommendation
or
proposal
without
careful,
critical
examination.

This
Policy
supplements,
but
does
not
amend,
existing
EPA
regulations
that
prescribe
specific
public
participation
requirements
applicable
to
EPA's
activities
under
specific
statutes,
such
as
those
found
at
40
CFR
Part
25
"
Public
Participation
in
Programs
Under
the
Resource
Conservation
and
Recovery
Act,
the
Safe
Drinking
Water
Act,
and
the
Clean
Water
Act."
(
See
40
CFR
Part
25,
which
can
be
found
at
http://
www.
epa.
gov/
publicinvolvement/
pdf/
part25.
pdf.)
The
public
participation
requirements
contained
in
such
regulations
specify
the
minimum
required
level
of
public
participation.
(
A
partial
listing
of
existing
public
participation
regulatory
requirements
is
contained
in
Appendix
3.)
Whenever
feasible,
Agency
officials
should
strive
to
provide
increased
opportunities
for
public
involvement
above
and
beyond
the
minimum
regulatory
requirements.

What
is
Public
Involvement?

The
term
"
public
involvement"
is
used
in
this
Policy
to
encompass
the
full
range
of
actions
and
processes
that
EPA
uses
to
engage
the
public
in
the
Agency's
work,
and
means
that
the
Agency
considers
public
concerns,
values,
and
preferences
when
making
decisions.
The
term
"
the
public"
is
used
in
the
Policy
in
the
broadest
sense
to
include
anyone,
including
both
individuals
and
organizations,
who
may
have
an
interest
in
an
Agency
decision.
(
See
Appendix
2
for
a
detailed
definition
of
"
public"
and
other
important
terms.)

What
Are
the
Purposes,
Goals
and
Objectives
of
This
Policy?

The
purposes
of
this
Policy
are
to:
°
Improve
the
acceptability,
efficiency,
feasibility
and
durability
of
the
Agency's
decisions
°
Reaffirm
EPA's
commitment
to
early
and
meaningful
public
involvement
°
Ensure
that
EPA
makes
its
decisions
considering
the
interests
and
concerns
of
affected
people
and
entities
°
Promote
the
use
of
a
wide
variety
of
techniques
to
create
early
and,
when
appropriate,
continuing
opportunities
for
public
involvement
in
Agency
decisions
°
Establish
clear
and
effective
guidance
for
conducting
public
involvement
activities
Effective
public
involvement
will
make
it
easier
for
the
public
to
contribute
to
the
Agency's
decisions,
build
public
trust,
and
make
it
more
likely
that
those
who
are
most
concerned
with
and
affected
by
Agency
decisions
will
accept
and
implement
them.
This
policy
supports
EPA
in
meeting
statutory
and
regulatory
requirements
regarding
public
participation,
particularly
in
environmental
permitting
programs
and
enforcement
activities.

EPA
goals
for
public
involvement
processes
are
to:
°
Foster
a
spirit
of
mutual
trust,
confidence,
and
openness
between
the
Agency
and
the
public
°
Ensure
that
the
public
has
timely,
accessible
and
accurate
information
about
EPA
programs
in
a
variety
of
formats
so
that
people
can
better
understand
the
implications
of
potential
alternative
courses
of
action
°
Consult
with
interested
or
affected
segments
of
the
public
and
take
public
viewpoints
into
consideration
when
making
decisions
°
Learn
from
individuals
and
organizations
representing
various
public
sectors
and
the
information
they
are
uniquely
able
to
provide
(
community
values,
concerns,
practices,
local
norms,
and
relevant
history,
such
as
locations
of
past
contaminant
sources,
potential
impacts
on
small
businesses
or
other
sectors,
industry
conducted
study
results,
etc.)
°
Solicit
assistance
from
the
public
in
understanding
potential
consequences
of
technical
issues,
identifying
alternatives
for
study,
and
selecting
among
the
alternatives
considered
°
Keep
the
public
informed
about
significant
issues
and
changes
in
proposed
programs
or
projects
°
Foster,
to
the
extent
possible,
equal
and
open
access
to
the
regulatory
process
for
all
interested
and
affected
parties
°
Understand
the
goals
and
concerns
of
the
public,
and
respond
to
them
°
Anticipate
conflict
and
encourage
early
discussions
of
differences
among
affected
parties
°
Promote
the
public's
involvement
in
the
Agency's
mission
of
protecting
human
health
and
the
environment
°
Explain
to
the
public
how
its
input
affected
the
Agency's
decision
To
achieve
these
purposes
and
goals,
while
recognizing
resource
constraints,
Agency
officials
should
strive
to
provide
for,
encourage,
and
assist
public
involvement
in
the
following
ways:
°
Involve
the
public
early
the
public
early
and
often
throughout
the
decision­
making
process
°
Identify,
communicate
with
and
listen
to
affected
sectors
of
the
public
(
Agency
officials
should
plan
and
conduct
public
involvement
activities
that
provide
equal
opportunity
for
individuals
and
groups
to
be
heard.
Where
appropriate,
Agency
officials
should
give
extra
encouragement
and
consider
providing
assistance
to
sectors,
such
as
minority
and
low­
income
populations,
small
businesses,
and
local
governments,
to
ensure
they
have
full
opportunity
to
be
heard
and,
where
possible,
access
to
technical
or
financial
resources
to
support
their
participation.)
°
Involve
members
of
the
public
in
developing
options
and
alternatives
when
possible
and,
before
making
decisions,
seek
the
public's
opinion
on
options
or
alternatives
°
Use
public
input
to
develop
options
that
facilitate
resolution
of
differing
points
of
view
°
Make
every
effort
to
tailor
public
involvement
programs
to
the
complexity
and
potential
for
controversy
of
the
issue,
the
segments
of
the
public
affected,
the
time
frame
for
decision
making
and
the
desired
outcome
°
Develop
and
work
in
partnerships
with
state,
local
and
tribal
governments,
community
groups,
associations,
and
other
organizations
to
enhance
and
promote
public
involvement
When
Does
This
Policy
Apply?

This
Policy
applies
to
all
EPA
programs
and
activities.
In
programs
or
activities
where
the
public
is
already
meaningfully
involved,
EPA
can
use
this
Policy
to
enhance
that
public
involvement.
Where
the
existing
level
of
public
involvement
needs
to
improve,
this
Policy
provides
suggestions
for
how
to
move
forward.
Finally,
this
Policy
can
serve
as
a
model
for
building
public
involvement
into
new
programs
as
they
are
developed.

The
activities
where
conducting
meaningful
public
involvement
should
particularly
be
considered
include:
°
EPA
rulemaking,
when
the
regulations
are
expected
to
be
classified
as
Significant
Actions
(
under
the
terms
of
Executive
Order
12866)
°
EPA
issuance
or
significant
modification
of
permits,
licenses
or
renewals
°
Selection
of
plans
for
cleanup,
remediation
or
restoration
of
hazardous
waste
sites
or
Brownfields
properties
°
EPA's
decision
on
whether
to
authorize,
delegate
or
approve
states
or
local
governments
to
administer
EPA
programs
consistent
with
the
relevant
regulatory
requirements
for
each
program
(
Note:
Tribes
seeking
approval
to
administer
environmental
programs
under
EPA
statutes
generally
also
seek
"
treatment
in
a
similar
manner
as
a
state
(
TAS)"
status
from
EPA.
Appropriate
opportunities
for
public
participation
are
contained
in
the
relevant
statutory
and
regulatory
provisions
establishing
a
TAS
process.
Consult
with
the
Office
of
Regional
Counsel
or
the
Office
of
General
Counsel,
and/
or
the
American
Indian
Environmental
Office
for
assistance.)
°
All
other
policy
decisions
that
the
Administrator,
Deputy
Administrator
or
appropriate
Assistant,
Regional
or
Associate
Administrator
determine
warrant
public
participation
in
view
of
EPA's
commitment
to
involve
the
public
in
important
decisions
°
The
development
of
significant
information
products
(
as
the
Office
of
Environmental
Information
has
defined
them
in
Appendix
2:
Definitions)
°
For
activities
not
listed
here,
EPA
staff
may
use
this
Policy
in
whole
or
in
part
to
strengthen
decision
making
In
planning
and
conducting
public
involvement
activities,
Agency
officials
should
rely
on
the
sound
use
of
discretion.
The
Policy
is
not
a
rule,
is
not
legally
enforceable,
and
does
not
confer
legal
rights
or
impose
legal
obligations
upon
any
member
of
the
public,
EPA
or
any
other
agency.
Resource
constraints,
the
need
for
timely
action
and
other
considerations
may
affect
the
appropriate
nature
and
extent
of
public
involvement.
For
example,
a
compelling
need
for
immediate
action
may
make
it
appropriate
to
limit
public
involvement.
In
particular,
the
desire
to
reach
agreement
among
all
parties,
while
valuable,
should
not
prevent
the
Agency
from
carrying
out
its
responsibility
to
make
decisions
or
take
actions
to
preserve
and
protect
the
environment
and
public
health.

Nevertheless,
the
Agency
should
approach
all
decision
making
with
a
bias
in
favor
of
significant
and
meaningful
public
involvement.
Experience
throughout
government
has
shown
that
a
lack
of
adequate
participation
or
of
effective
means
for
participation
can
result
in
decisions
that
do
not
appropriately
consider
the
interests
or
needs
of
those
that
will
be
most
affected
by
them.
Furthermore,
early
involvement
can
ultimately
reduce
delay,
by
avoiding
time­
consuming
review,
public
debate
or
litigation.
Finally,
decisions
based
on
meaningful
public
involvement
are
likely
to
be
better
in
substance
and
stand
the
test
of
time,
avoiding
the
need
to
reopen
controversial
issues.

Does
This
Policy
Affect
Authorized,
Approved
or
Delegated
Programs?

EPA
developed
this
Policy
for
EPA
staff
use,
but
it
also
may
be
useful
to
States,
Tribes
and
local
governments
that
implement
federally
delegated,
authorized
or
approved
programs.
EPA
encourages
these
entities
to
adopt
similar
public
involvement
policies
if
they
have
not
already
done
so.
EPA
intends
to
discuss
the
effectiveness
of
their
public
involvement
activities
during
periodic
meetings
with
States,
Tribes
and
local
governments,
and
will
obtain
their
input
about
ways
to
improve
EPA's
activities.
EPA
will
not
use
whether
a
State,
Tribe
or
local
government
has
adopted
EPA's
Public
Involvement
Policy
as
a
criterion
for
the
authorization,
approval
or
delegation
of
programs
or
the
award
of
grants.
In
general,
recipients
may
use
grants
for
continuing
environmental
programs
and
Performance
Partnership
Grants
to
fund
public
involvement
activities
to
the
extent
that
costs
are
allowable
under
OMB
Circular
A­
87
and
applicable
EPA
regulations.
(
Note:
Some
statutory
or
regulatory
provisions
require
compliance
with
certain
public
participation
requirements
before
EPA
may
approve
a
grant.
See
40
CFR
25.11
and
25.12.)
The
grant
applicant
may
comply
with
such
requirements
without
adopting
EPA's
Policy.

What
are
the
Roles
of
States,
Tribes
and
Local
Governments?

State
agencies,
Tribes
and
some
local
governments
have
unique
roles
regarding
EPA's
programs
and
decisions:
1.
State
agencies,
Tribes
and
some
local
governments
may
be
co­
regulators
with
EPA.
In
some
cases,
they
implement
authorized,
approved
or
delegated
Federal
programs.
In
other
cases,
they
run
independent,
but
closely­
related
programs.
In
both
cases
they
work
closely
with
EPA
as
regulatory
partners,
and
EPA
will
consult
them
as
appropriate
when
implementing
this
Policy.
In
addition,
they
may
have
expertise
that
can
be
valuable
to
EPA
in
designing
public
involvement
activities.
2.
State
agencies,
Tribes
and
local
governments
also
may
be
regulated
parties
when
they
undertake
activities
that
are
subject
to
Federal
laws
and
regulations.
As
regulated
parties,
they
are
also
members
of
the
community
of
regulated
stakeholders,
and
would
benefit
from
the
application
of
the
Policy
like
other
regulated
parties.
3.
Whether
they
are
partners
helping
EPA
implement
a
program
or
members
of
the
regulated
community
affected
by
EPA
regulations,
state
agencies,
Tribes,
and
regional
and
local
governments
often
play
an
active
role
in
making
recommendations
on
policies,
rules,
plans
and
recommendations
under
development,
and
providing
input
on
EPA's
decisions.

The
role
of
Tribes
is
unique
in
another
way.
Each
federally­
recognized
Tribal
government
is
a
sovereign
entity
that
has
an
individual
government­
to­
government
relationship
with
the
federal
government.
EPA
should
coordinate
and
consult
meaningfully
with
Tribes
to
the
greatest
extent
practicable
for
agency
actions
that
may
affect
the
tribes.
This
Policy
complements
EPA's
efforts
to
consult
with
Tribes.
See
Executive
Order
13175,
Consultation
and
Coordination
With
Indian
Tribal
Governments
November
6,
2000.

Consultation
should
be
a
meaningful
and
timely
two­
way
exchange
with
Tribal
officials
that
provides
for
the
open
sharing
of
information,
the
full
expression
of
Tribal
and
EPA
views,
a
commitment
to
consider
Tribal
views
in
decision
making,
and
respect
of
Tribal
self­
government
and
sovereignty.
The
Agency
should
allow
comment
from
Tribes
early
in
the
planning
process
and
prior
to
making
a
decision.
However,
consultation
does
not
imply
that
the
Tribes
or
any
other
non­
EPA
entities
that
are
consulted
can
stop
an
Agency
action
by
withholding
consent.

How
Does
the
Policy
Relate
to
Environmental
Justice?

This
Policy
complements
and
is
consistent
with
EPA's
environmental
justice
efforts.
"
Environmental
Justice"
is
the
fair
treatment
of
people
of
all
races,
cultures,
and
incomes,
including
minority
and/
or
low­
income
communities
and
Tribes,
with
respect
to
the
development,
implementation,
and
enforcement
of
environmental
laws
and
policies,
and
their
meaningful
involvement
in
the
decision­
making
processes
of
the
government.
Environmental
justice
is
achieved
when
everyone,
regardless
of
race,
culture
or
income,
enjoys
the
same
degree
of
protection
from
environmental
and
health
hazards
and
equal
access
to
the
decision­
making
process
to
have
a
healthy
environment
in
which
to
live,
learn
and
work.
This
includes
ensuring
greater
public
participation
in
the
Agency's
development
and
implementation
of
its
regulations
and
policies.
(
Memorandum
from
EPA
Administrator
Christine
Todd
Whitman,
dated
August
9,
2001,
"
EPA's
Commitment
to
Environmental
Justice.")
(
See
also,
Executive
Order
12898,
"
Federal
Actions
to
Address
Environmental
Justice
in
Minority
Populations
and
Low­
Income
Populations,
dated
February
11,
1994.)
Thus,
ensuring
meaningful
public
involvement
advances
the
goals
of
environmental
justice.

EPA's
Seven
Basic
Steps
for
Effective
Public
Involvement
The
EPA
should
ensure
that
it
conducts
meaningful
public
involvement
activities
and
implements
all
public
involvement
provisions
required
by
statute.

There
are
seven
basic
steps
to
consider
when
planning
for
public
involvement.
Agency
officials
should
exercise
judgment
and
carefully
consider
the
particular
circumstances
of
each
situation
in
determining
how
to
carry
out
those
steps.
Agency
staff
and
managers
should
strive
to
provide
the
most
meaningful
public
involvement
opportunities
appropriate
to
each
situation.
Agency
officials
should
consider
the
issues,
locations,
potential
environmental
and
human
health
consequences
of
the
activities,
potential
for
controversy,
specific
needs
of
the
public
and
the
Agency,
and
other
circumstances
when
designing
public
involvement
processes.
For
instance,
enhanced
opportunities
for
public
involvement
should
be
created
for
those
situations
in
which
there
is
the
potential
for
greater
environmental
or
human
health
consequences
or
controversy.
It
is
important
to
note
that
the
Agency
needs
to
set
priorities
for
its
use
of
resources,
and
that
budgetary
constraints
may
affect
the
implementation
of
any
of
these
elements.

The
seven
basic
steps
for
effective
public
involvement
in
any
decision
or
activity
are:
1.
Plan
and
budget
for
public
involvement
activities
2.
Identify
the
interested
and
affected
public
3.
Consider
providing
technical
or
financial
assistance
to
the
public
to
facilitate
involvement
4.
Provide
information
and
outreach
to
the
public
5.
Conduct
public
consultation
and
involvement
activities
6.
Review
and
use
input
and
provide
feedback
to
the
public
7.
Evaluate
public
involvement
activities
The
recommended
goals,
actions
and
methods
for
each
of
these
steps
are
described
in
Appendix
1,
Guidance
for
Implementing
Public
Involvement
at
EPA,
at
http://
www.
epa.
gov/
publicinvolvement/
policy2003/
guidance.
pdf.

Who
is
Responsible
for
Managing
the
Application
of
this
Policy?

Under
the
overall
direction
of
the
Administrator,
and
consistent
with
this
policy,
Assistant,
Regional
and
Associate
Administrators
are
responsible
for
ensuring
that
their
managers
and
staff
encourage
and
facilitate
public
involvement
in
programs
and
activities.
Public
involvement
should
be
an
integral
part
of
any
Agency
program.
Moreover,
the
Agency
should
strive
to
achieve
public
involvement
that
is
commensurate
with
the
potential
impact
of
the
activity.
The
Assistant,
Regional
or
Associate
Administrators
should
make
certain
that
concerns
about
the
adequacy
of
public
involvement
are
heard
and,
where
necessary,
acted
upon
as
resources
allow.
Managers
should
encourage
and
facilitate
the
proper
training,
support
and
counseling
of
staff,
and,
recognizing
overall
budgetary
constraints,
should
plan
for
and
provide
adequate
funding
for
training
or
other
needs
in
their
specific
budgets.
(
See
more
detailed
responsibilities
section
in
Appendix
1
at
http://
www.
epa.
gov/
publicinvolvement/
policy2003/
guidance.
pdf.)
