Frequently
Asked
Questions
on
the
Final
Public
Involvement
Policy
1.
Why
does
EPA
want
public
involvement
in
its
decision­
making?
EPA's
activities
affect
the
American
people
in
their
homes,
communities
and
places
of
work.
The
issues
with
which
the
Agency
is
involved
are
usually
complex
and
controversial,
with
no
clear
answers
and
a
wide
array
of
opinions
on
how
to
address
them.
At
EPA,
we
have
learned
that
we
make
better
decisions
when
we
consult
with
the
people
that
are
affected
by
our
actions.
Progress
in
environmental
protection
depends
on
enforcement
of
regulations,
but
in
recent
years,
it
also
depends
on
partnerships
and
stewardship
with
businesses
and
communities.
Facilitating
public
involvement
in
EPA's
decisions
fosters
such
partnerships
and
ensures
that
EPA's
decisions
reflect
the
interests
and
concerns
of
affected
people
and
entities.

2.
Why
does
EPA
need
a
Public
Involvement
Policy?
The
Public
Involvement
Policy
will
provide
guidance
and
direction
to
EPA
staff
and
managers
on
reasonable
and
effective
means
to
involve
the
public
in
the
Agency's
decision­
making
processes.
Over
the
years,
EPA's
program
offices
have
used
various
approaches
to
public
involvement,
and
have
tried
numerous
innovative
approaches
that
should
be
shared
with
other
programs.
Implementing
the
new
Public
Involvement
Policy
will
encourage
more
opportunities
for
involvement
and
more
consistent
practices
across
the
Agency,
making
it
easier
for
the
public
to
become
involved
and
to
affect
the
outcome
of
EPA's
decisions.
This
in
turn
will
help
EPA
carry
out
its
mission
by
providing
the
Agency
with
a
better
understanding
of
the
public's
viewpoints,
concerns
and
preferences.

3.
What
impact
will
the
Policy
have?
Once
fully
implemented,
the
Policy
will
ensure
that
more
consistent
and
effective
public
involvement
opportunities
exist
across
the
Agency's
programs
and
regions.
Agency
staff
will
be
better
skilled
in
involving
the
public,
and
it
will
be
easier
for
stakeholders
and
affected
members
of
the
public
to
contribute
to
the
Agency's
decisions
in
a
meaningful
way.

4.
What
are
the
specific
outcomes
that
will
result
from
this
Policy?
The
purposes
of
this
Policy
are
to:
C
Improve
the
acceptability,
efficiency,
feasibility
and
durability
of
the
Agency's
decisions
C
Reaffirm
EPA's
commitment
to
early
and
meaningful
public
involvement
C
Ensure
that
EPA
makes
its
decisions
with
an
understanding
of
the
interests
and
concerns
of
affected
people
and
entities
C
Promote
the
use
of
a
wide
variety
of
techniques
to
create
early
and,
when
appropriate,
continuing
opportunity
for
public
involvement
in
Agency
decisions
C
Establish
clear
and
effective
guidance
for
conducting
public
involvement
activities
5.
Who
is
"
the
public"
in
this
Policy?
The
term
"
the
public"
is
used
in
the
Policy
in
the
broadest
sense,
meaning
the
general
population
of
the
United
States.
Many
segments
of
"
the
public"
may
have
a
particular
interest
or
may
be
affected
by
Agency
programs
and
decisions.
In
addition
to
private
individuals,
"
the
public"
includes,
but
is
not
limited
to,
representatives
of
consumer,
environmental
and
other
advocacy
groups;
environmental
justice
groups;
indigenous
peoples;
minority
and
ethnic
groups;
business
and
industrial
interests,
including
small
businesses;
elected
and
appointed
public
officials;
the
news
media;
trade,
industrial,
agricultural,
and
labor
organizations;
public
health,
scientific,
and
professional
representatives
and
societies;
civic
and
community
associations;
faith­
based
organizations;
and
research,
university,
education,
and
governmental
organizations
and
associations.

6.
Will
this
Policy
be
applied
to
every
EPA
decision,
whether
the
decision
is
a
major
or
minor
one?
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:
C
EPA
rulemaking,
when
the
regulations
are
classified
as
Economically
Significant
Actions
(
under
the
terms
of
Executive
Order
12866)
C
EPA
issuance
or
significant
modification
of
permits,
licenses
or
renewals
C
Selection
of
plans
for
cleanup,
remediation
or
restoration
of
hazardous
waste
sites
or
Brownfields
properties
C
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.)
C
All
other
policy
decisions
that
are
determined
by
the
Administrator,
Deputy
Administrator
or
appropriate
Assistant,
Regional
or
Associate
Administrator
to
warrant
public
participation
in
view
of
EPA's
commitment
to
involve
the
public
in
important
decisions
C
The
development
of
significant
information
products
(
as
the
Office
of
Environmental
Information
has
defined
them
in
Appendix
2:
Definitions)

7.
Is
EPA
creating
new
public
involvement
requirements
with
this
Policy?
No.
This
Policy
is
not
a
rule,
is
not
legally
enforceable,
and
does
not
confer
legal
rights
or
impose
legal
obligations
on
any
member
of
the
public.
It
is,
however,
EPA's
statement
of
its
strong
commitment
to
full
and
meaningful
public
involvement
in
Agency
activities.
This
Policy
should
encourage
the
use
of
more
techniques.

8.
Will
the
new
Policy
replace
public
participation
requirements
in
existing
laws
or
regulations?
No.
Public
participation
requirements
in
existing
laws
and
regulations
must
be
met.
This
Policy,
however,
can
supplement
those
requirements
and
enable
EPA
to
implement
them
in
the
most
effective
ways.
It
can
also
build
greater
awareness
of
the
variety
and
best
uses
of
involvement
techniques.

9.
Is
EPA
creating
a
new
public
involvement
recipe
to
be
followed
throughout
the
Agency
regardless
of
cost?
No.
This
policy
identifies
seven
key
functions
that
should
be
considered
when
planning
for
public
involvement.
How
those
functions
will
be
carried
out
depends
on
particular
circumstances,
and
will
require
judgment
on
the
part
of
Agency
officials.
However,
the
bias
should
be
for
involvement.
Agency
employees
should
strive
to
provide
the
most
meaningful
public
involvement
opportunities
appropriate
to
each
situation.
The
issues;
locations;
potential
environmental
and
public
health
impacts
of
the
activities;
the
potential
for
controversy;
specific
needs
of
the
public
and
the
Agency;
and
other
circumstances
will
influence
the
design
of
public
involvement
processes.
The
Policy
also
recognizes
the
Agency's
need
to
set
priorities
for
its
use
of
resources.
It
also
emphasizes
involvement
by
the
public
in
decisions
where
options
are
available
and
alternatives
must
be
weighed,
or
where
EPA
is
seeking
substantial
agreement
from
the
public
to
carry
out
a
program.

The
seven
basic
functions
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
10.
Will
EPA
implement
this
Policy
among
all
programs
and
regions?
How?
Yes,
all
EPA
programs
and
regions
will
implement
this
Policy.
The
"
Framework
for
Implementing
EPA's
Public
Involvement
Policy
outlines
how.
It
focuses
on
developing
tools
to
improve
information
sharing,
training
and
evaluation.
The
tools
will
be
tested
within
EPA
and
then
shared
with
regulatory
partners
and
communities.

11.
Are
states
and
tribes
expected
to
implement
the
Policy
with
their
delegated
programs?
No.
The
Policy
is
not
binding
upon
states,
tribes
and
local
governments
that
implement
federally
delegated,
authorized
or
approved
programs.

12.
Will
the
new
Policy
result
in
time
delays
for
permitting
and
policy
decisions?
Not
overall.
In
some
instances,
a
compelling
need
for
immediate
action
may
make
it
appropriate
to
limit
public
involvement.
However,
issues
that
are
not
resolved
to
the
satisfaction
of
the
concerned
public
may
ultimately
face
time­
consuming
review.
If
the
objectives
of
EPA's
public
involvement
activities
are
achieved,
delays
due
to
litigation
or
other
adversarial
activities
may
be
reduced.

13.
Must
EPA
obtain
consensus
from
all
parties
before
it
can
make
decisions?
No.
The
Policy
encourages
EPA
staff
to
seek
common
ground
and
reconcile
differences
where
possible
when
making
decisions
that
fulfill
the
Agency's
mission
to
protect
human
health
and
the
environment.
However,
where
this
is
not
possible,
EPA
will
solicit
and
consider
all
viewpoints,
and
then
make
the
necessary
decisions
according
to
the
Agency's
commitments
and
mandates.

14.
I
never
knew
about
the
1981
Policy.
What
happened?
EPA
issued
the
1981
Policy
on
January
19,
1981
after
a
year
of
consultation.
Planned
outreach
and
training
never
occurred.
In
the
absence
of
a
central
Policy,
individual
program
offices
and
regions
developed
their
own
public
participation
practices,
and
knowledge
of
the
1981
Policy
diminished
over
the
years.

15.
Why
is
EPA
changing
the
1981
Policy
and
what
are
the
major
differences
between
the
1981
Policy
and
the
new
version?
An
EPA
Workgroup
examined
the
1981
Policy
and
found
it
to
be
basically
sound,
needing
only
to
be
updated.
Public
comments
supported
this
conclusion.

The
new
Policy
parallels
the
old
Policy,
except
that
it
addresses
many
changes
that
have
occurred
since
1981.
These
include:
EPA's
additional
responsibilities
under
new
statutes,
regulations
and
Executive
Orders;
new
and
expanded
public
participation
techniques;
new
options
for
public
involvement
through
the
Internet;
EPA's
emphasis
on
achieving
compliance
through
partnerships,
technical
assistance,
and
public
access
to
information;
increased
capacity
of
states,
tribes
and
local
governments
to
carry
out
delegated
programs;
new
government­
wide
administrative
procedures
and
public
involvement
requirements,
and
the
need
for
evaluation.

In
addition,
certain
parts
of
the
1981
Policy
which
were
never
implemented
are
not
included
in
the
revised
version.
These
include
a
requirement
that
EPA
programs
create
public
participation
plans,
and
a
provision
for
withholding
grant
funds
from
grantees
whose
public
involvement
activities
are
not
sufficient.

16.
Why
should
I
care
about
EPA's
Public
Involvement
Policy?
Although
most
Americans
may
never
seek
to
become
involved
in
the
Agency's
decisions,
many
will
want
to
know
that
the
opportunity
exists
and
that
their
concerns
would
be
considered.
For
people
who
do
want
to
contribute
to
the
Agency's
decisions,
whether
out
of
interest
for
their
own
or
their
family's
health,
their
community,
or
on
behalf
of
members
of
an
organization,
economic
or
public
interests,
the
Policy
will
facilitate
their
efforts.
Full
implementation
of
the
Policy
will
build
public
trust
since
EPA
staff
will
be
open
to
all
points
of
view
and
extend
every
effort
to
solicit
input
from
those
who
will
be
affected
by
our
decisions.
However,
the
public
will
also
be
assured
that
special
interests
will
not
be
given
privileged
status,
nor
will
EPA
accept
any
recommendation
or
proposal
without
careful,
critical
examination.

17.
How
can
I
get
a
copy
of
the
Final
Policy?
The
Policy
is
posted
on
the
EPA's
web
page
at:
www.
epa.
gov/
publicinvolvement/
policy2003.
pdf.
You
can
also
obtain
a
printed
copy
by
calling
202­
566­
2216.

18.
What
did
EPA
do
with
public
comments
on
the
draft
Policy?
All
comments
were
collected
and
carefully
reviewed.
They
were
considered
while
staff
analyzed
options
for
revising
the
draft
Policy.
The
Response
to
Comments
document
(
posted
at
http://
ww.
epa.
gov/
publicinvolvement/
responsetocomments.
pdf)
dsiplays
how
the
agency
dealt
with
the
comments,
and
created
new
Public
Involvement
Policy.
After
additional
internal
review,
EPA
released
its
Policy.
