A­
1
EPA
Public
Participation
Policy
Review
Workgroup
Appendix
A
A­
2
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the
American
People
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Page
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3
EPA
Public
Participation
Policy
Review
Workgroup
Appendix
A
Charts
of
Public
Participation
Requirements
in
Key
Agency
Programs
The
following
tables
provide
a
summary
of
public
participation
requirements
for
select
programs
managed
by
the
Agency.
The
Appendix
does
not
list
every
regulation
for
every
program;
however,
as
examples,
the
tables
demonstrate
both
a)
the
diverse
range
of
requirements
implemented
by
program
offices,
and
b)
how
different
laws
and
regulations
are
often
interwoven
within
programs
to
establish
broad
opportunities
for
public
engagement.

Because
the
programs
are
diverse,
the
following
tables
do
not
provide
information
in
a
consistent
manner.
Rather,
each
table
reflects
the
specific
requirement,
by
statute,
as
appropriately
contained
in
corresponding
regulations.
For
the
Clean
Water
Act
and
the
Safe
Drinking
Water
Act,
the
Office
of
Water
fully
implements
the
Part
25
Regulations.
(
See
Appendix
D).
1.
.
E
­
EPA;
F
­
Other
Federal
Agency;
S
­
State;
L
­
Local;
T
­
Tribal;
O
­
Other
2.
Includes
opportunity
for
public
hearing
3.
Funding
authorized
Draft
*
November
2000
*
Draft
A­
4
Table
A
­
1
Public
Participation
Requirements
for
Air
Programs
Air
Program
Activities
Responsible
Entity1
Responsibilities
Clean
Air
Act
Section
Regulation
Citation
Public
Notification
Public
Comment
Public/
Stakeholder
Meetings2
Public
Access
to
Information
Decision­
Making
Influence
Public
Assistance/
Other3
103
Research
Activities
E
Yes
No
No
Yes
Yes
Yes
104
Research
Related
to
Fuels
and
Vehicles
E
Yes
No
No
Yes
Yes
No
105
Grants
for
support
of
air
pollution
planning
and
control
programs
E
No
No
No
Yes
No
Yes
107
Air
Quality
Control
Regions
E,
S,
T
Yes
Yes
Yes
Yes
Yes
No
108
Air
Quality
Criteria
and
Control
Techniques
E
Yes
No
Yes
Yes
No
No
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Clean
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Act
Section
Regulation
Citation
Public
Notification
Public
Comment
Public/
Stakeholder
Meetings2
Public
Access
to
Information
Decision­
Making
Influence
Public
Assistance/
Other3
1.
.
E
­
EPA;
F
­
Other
Federal
Agency;
S
­
State;
L
­
Local;
T
­
Tribal;
O
­
Other
2.
Includes
opportunity
for
public
hearing
3.
Funding
authorized
Draft
*
November
2000
*
Draft
A­
5
109
National
Primary
and
Secondary
Ambient
Air
Quality
Standards
E
Yes
Yes
Yes
Yes
Yes
No
110
State
Implementation
Plans
40
CFR
Parts
51,
49,
57,
88,
96
E,
S,
T,
L,
F
Yes
Yes
Yes
Yes
Yes
No
111
New
Source
Performance
Standards
40
CFR
Parts
60,
62,
51,
and
49
E,
S,
T,
L
Yes
Yes
Yes
Yes
Yes
No
112
Hazardous
Air
Pollutants
40
CFR
Parts
61,
49,
51,
63,
and
68
E,
S,
T,
L,
F
Yes
Yes
Yes
Yes
Yes
No
113
Federal
Enforcement
40
CFR
Parts
49,
51
and
65
E,
S,
T
Yes
Yes
Yes
Yes
Yes
No
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Citation
Public
Notification
Public
Comment
Public/
Stakeholder
Meetings2
Public
Access
to
Information
Decision­
Making
Influence
Public
Assistance/
Other3
1.
.
E
­
EPA;
F
­
Other
Federal
Agency;
S
­
State;
L
­
Local;
T
­
Tribal;
O
­
Other
2.
Includes
opportunity
for
public
hearing
3.
Funding
authorized
Draft
*
November
2000
*
Draft
A­
6
114
Record
keeping,
inspections,
monitoring
and
entry
40
CFR
Parts
49,
51,
57,
64,
79,
80,
82
E,
S,
T,
L
No
No
No
Yes
No
No
115
International
Air
Pollution
Notice
E,
F
No
No
No
Yes
No
No
117
Advisory
Committees
Notice
E
No
No
Yes
Yes
Yes
Yes
118
Federal
Facilities
40
CFR
Parts
49
and
88
E,
S,
L,
F,
T
No
No
No
No
No
No
119
Nonferrous
smelter
orders
40
CFR
Part
49
and
57
E,
S,
T
Yes
Yes
No
Yes
No
No
120
Noncompliance
Penalty
40
CFR
Parts
66,
67,
and
49
E,
S,
T
Yes
Yes
No
Yes
Yes
No
121
Consultation
40
CFR
Parts
51
and
49
E,
S,
T,
L
No
No
No
No
Yes
No
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Act
Section
Regulation
Citation
Public
Notification
Public
Comment
Public/
Stakeholder
Meetings2
Public
Access
to
Information
Decision­
Making
Influence
Public
Assistance/
Other3
1.
.
E
­
EPA;
F
­
Other
Federal
Agency;
S
­
State;
L
­
Local;
T
­
Tribal;
O
­
Other
2.
Includes
opportunity
for
public
hearing
3.
Funding
authorized
Draft
*
November
2000
*
Draft
A­
7
122
Listing
of
Unregulated
Pollutants
Notice
E,
F
Yes
Yes
Yes
Yes
Yes
No
125
Economic
Disruption
40
CFR
Parts
51
and
49
E,
S,
T,
F
Yes
Yes
Yes
Yes
Yes
No
126
Interstate
Pollution
Notice
S,
T,
L,
E
Yes
Yes
Yes
Yes
Yes
No
127
Public
Notification
News
paper
S,
T,
L
Yes
No
No
Yes
No
Yes
129
Solid
Waste
Combustion
40
CFR
Parts
60
and
62
E
Yes
Yes
Yes
Yes
Yes
No
130
Emission
Factors
None
E
No
No
No
Yes
No
No
163
PSD
Increments
40
CFR
Part
51
and
49
E,
T,
S
Yes
Yes
Yes
Yes
Yes
No
164
Area
Redesignation
40
CFR
Part
51
and
49
F,
T,
S
Yes
Yes
Yes
Yes
Yes
No
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Act
Section
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Citation
Public
Notification
Public
Comment
Public/
Stakeholder
Meetings2
Public
Access
to
Information
Decision­
Making
Influence
Public
Assistance/
Other3
1.
.
E
­
EPA;
F
­
Other
Federal
Agency;
S
­
State;
L
­
Local;
T
­
Tribal;
O
­
Other
2.
Includes
opportunity
for
public
hearing
3.
Funding
authorized
Draft
*
November
2000
*
Draft
A­
8
165
PSD
Preconstruction
Requirements
40
CFR
Parts
51,
52,
and
49
E,
S,
T,
F
Yes
Yes
Yes
Yes
Yes
No
166
PSD
for
Other
Pollutants
40
CFR
Parts
51,
52,
and
49
E,
S,
T
Yes
Yes
Yes
Yes
Yes
No
169A
Visibility
Protection
40
CFR
Part
51and
49
E,
F,
S,
T,
Yes
Yes
Yes
Yes
Yes
No
169B
Visibility
40
CFR
Part
51
and
49
E,
F,
S,
T,
Yes
Yes
Yes
Yes
Yes
No
172
Nonattainment
Plan
Provisions
40
CFR
Part
51and
49
E,
S,
T,
L
Yes
Yes
Yes
Yes
Yes
No
173
NSR
Permit
Requirements
40
CFR
Part
51
and
49
E,
S,
T,
L
Yes
Yes
Yes
Yes
Yes
No
174
Planning
Procedures
40
CFR
Part
51
and
49
E,
T,
S,
L
No
No
Yes
Yes
No
No
175
Grants
40
CFR
Parts
51,
49,
30,
and
35
E,
S,
T,
L
No
No
No
No
No
Yes
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Citation
Public
Notification
Public
Comment
Public/
Stakeholder
Meetings2
Public
Access
to
Information
Decision­
Making
Influence
Public
Assistance/
Other3
1.
.
E
­
EPA;
F
­
Other
Federal
Agency;
S
­
State;
L
­
Local;
T
­
Tribal;
O
­
Other
2.
Includes
opportunity
for
public
hearing
3.
Funding
authorized
Draft
*
November
2000
*
Draft
A­
9
175A
Maintenance
Plans
40
CFR
Parts
51
and
49
S,
T,
L
Yes
Yes
Yes
Yes
Yes
No
176
Limitations
on
Federal
Assistance
23
CFR
Parts
450
and
770,
40
CFR
Parts
51,
and
93
E,
F,
L
No
Yes
Yes
Yes
Yes
No
176A
Interstate
Transport
Commissions
40
CFR
Parts
51
and
49
E,
S,
T
Yes
Yes
Yes
Yes
Yes
No
179
Sanctions
Notice
E,
F
Yes
Yes
No
Yes
Yes
No
181
Classifications
and
Attainment
Dates
Notice
E,
S,
T
Yes
No
No
Yes
No
No
182
Plan
Submissions
and
Requirements
40
CFR
Part
51
and
49
T,
S,
L
Yes
Yes
Yes
Yes
Yes
No
183
Federal
Ozone
Measures
40
CFR
Part
59
E
Yes
Yes
Yes
Yes
Yes
No
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Comment
Public/
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Public
Access
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Information
Decision­
Making
Influence
Public
Assistance/
Other3
1.
.
E
­
EPA;
F
­
Other
Federal
Agency;
S
­
State;
L
­
Local;
T
­
Tribal;
O
­
Other
2.
Includes
opportunity
for
public
hearing
3.
Funding
authorized
Draft
*
November
2000
*
Draft
A­
10
184
Control
of
interstate
ozone
air
pollution
Notice
E
Yes
Yes
Yes
Yes
Yes
No
186
Classification
and
Attainment
Dates
­
CO
Notice
E
Yes
No
No
Yes
No
No
187
Plan
Requirements
40
CFR
Part
51
and
49
T,
S,
L
Yes
Yes
Yes
Yes
Yes
No
188
Classification
and
Attainment
Dates
­
PM
Notice
E
Yes
No
No
Yes
No
No
189
Plan
Requirements
40
CFR
Parts
51
and
49
T,
S,
L.
Yes
Yes
Yes
Yes
Yes
No
191
Plan
deadlines
NOx,
lead,
and
SOx
40
CFR
Part
51
T,
S,
L
Yes
Yes
Yes
Yes
Yes
No
202
Emission
Standards
for
New
Motor
Vehicles
40
CFR
Parts
85,
89,
91
E,
F
Yes
Yes
Yes
Yes
Yes
No
Engaging
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Section
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Citation
Public
Notification
Public
Comment
Public/
Stakeholder
Meetings2
Public
Access
to
Information
Decision­
Making
Influence
Public
Assistance/
Other3
1.
.
E
­
EPA;
F
­
Other
Federal
Agency;
S
­
State;
L
­
Local;
T
­
Tribal;
O
­
Other
2.
Includes
opportunity
for
public
hearing
3.
Funding
authorized
Draft
*
November
2000
*
Draft
A­
11
205
Civil
Penalties
40
CFR
Parts
79,
89,
90,
91,
92
E
Yes
Yes
Yes
Yes
Yes
No
206
Engine
Testing
and
Certification
40
CFR
Parts
86,
89,
90,
91,
92
E
Yes
Yes
Yes
Yes
Yes
No
207
Compliance
by
vehicles
in
use
40
CFR
Parts
85,
89,
90,
91,
92
E
Yes
Yes
Yes
Yes
Yes
No
208
Information
Collection
40
CFR
Parts
85,
86,
89,
90,
91,
92
E
No
No
No
Yes
No
No
209
State
Standards
40
CFR
Parts
89,
90,
91,
92
E
Yes
Yes
Yes
Yes
Yes
No
210
State
Grants
40
CFR
35
E,
F
No
No
No
Yes
No
Yes
211
Regulation
of
Fuels
40
CFR
Parts
69,
79,
80,
92,
and
49
E,
S,
T
Yes
Yes
Yes
Yes
Yes
No
213
Nonroad
Engines
and
Vehicles
40
CFR
Parts
89,
90,
91,
92
E
Yes
Yes
Yes
Yes
Yes
No
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Public
Notification
Public
Comment
Public/
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Meetings2
Public
Access
to
Information
Decision­
Making
Influence
Public
Assistance/
Other3
1.
.
E
­
EPA;
F
­
Other
Federal
Agency;
S
­
State;
L
­
Local;
T
­
Tribal;
O
­
Other
2.
Includes
opportunity
for
public
hearing
3.
Funding
authorized
Draft
*
November
2000
*
Draft
A­
12
214
PM
from
Motor
Vehicles
Report
to
Congress
E
No
No
No
Yes
No
No
215
High
Altitude
Adjustments
40
CFR
Parts
89,
90,
91,
92
E
Yes
Yes
Yes
Yes
Yes
No
219
Urban
bus
Standards
E
Yes
Yes
Yes
Yes
Yes
No
231
Establishment
of
Aircraft
Emission
Standards
40
CFR
Part
87
E
Yes
Yes
Yes
Yes
Yes
No
232
Enforcement
of
Emission
Standards
E,
F
Yes
Yes
Yes
Yes
Yes
No
242
Clean
Fuel
Vehicles
40
CFR
Part
88
E
Yes
Yes
Yes
Yes
Yes
No
243
Standards
for
light­
duty
clean
fuel
vehicles
40
CFR
Part
88
E
Yes
Yes
Yes
Yes
Yes
No
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Notification
Public
Comment
Public/
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Meetings2
Public
Access
to
Information
Decision­
Making
Influence
Public
Assistance/
Other3
1.
.
E
­
EPA;
F
­
Other
Federal
Agency;
S
­
State;
L
­
Local;
T
­
Tribal;
O
­
Other
2.
Includes
opportunity
for
public
hearing
3.
Funding
authorized
Draft
*
November
2000
*
Draft
A­
13
245
Standards
for
Heavy
Duty
Vehicles
E
Yes
Yes
Yes
Yes
Yes
No
246
Centrally
Fueled
Fleets
40
CFR
Part
88
E
Yes
Yes
Yes
Yes
Yes
No
247
Vehicle
Conversions
E
Yes
Yes
Yes
Yes
Yes
No
249
California
Pilot
Test
Program
E
Yes
Yes
Yes
Yes
Yes
No
301
Administration
40
CFR
Parts
50
to
99
E
Yes
Yes
Yes
Yes
Yes
Yes
304
Citizen
Suits
40
CFR
Part
54
and
49
E,
S,
T
Yes
Yes
Yes
Yes
Yes
Yes
312
Economic
Impact
Analyses
Report
to
Congress
E
No
No
No
Yes
No
No
317
Economic
Impact
Assessment
Impact
Assessment
E
Yes
Yes
Yes
Yes
Yes
No
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Public
Comment
Public/
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Public
Access
to
Information
Decision­
Making
Influence
Public
Assistance/
Other3
1.
.
E
­
EPA;
F
­
Other
Federal
Agency;
S
­
State;
L
­
Local;
T
­
Tribal;
O
­
Other
2.
Includes
opportunity
for
public
hearing
3.
Funding
authorized
Draft
*
November
2000
*
Draft
A­
14
319
Air
Quality
Monitoring
40
CFR
Part
58
E
Yes
Yes
Yes
Yes
Yes
No
320
Standardized
Air
Quality
Modeling
Docket
E
Yes
Yes
Yes
Yes
Yes
No
325
Exemptions
for
certain
territories
40
CFR
Part
69
E
Yes
Yes
Yes
Yes
Yes
No
328
Outer
Continental
Shelf
Activities
40
CFR
Parts
55
and
49
E,
F,
S,
T
Yes
Yes
Yes
Yes
Yes
No
402
Noise
Abatement
Investigation
E
Yes
Yes
Yes
Yes
Yes
No
403
Sulfur
Dioxide
allowance
Program
40
CFR
Parts
72,
73,
74,
76,
77,
78
E
Yes
Yes
Yes
Yes
Yes
No
404
Phase
I
sulfur
dioxide
requirements
40
CFR
Parts
72,
73,
74,
76,
77,
78
E
Yes
Yes
Yes
Yes
Yes
No
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Citation
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Comment
Public/
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Public
Access
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Information
Decision­
Making
Influence
Public
Assistance/
Other3
1.
.
E
­
EPA;
F
­
Other
Federal
Agency;
S
­
State;
L
­
Local;
T
­
Tribal;
O
­
Other
2.
Includes
opportunity
for
public
hearing
3.
Funding
authorized
Draft
*
November
2000
*
Draft
A­
15
405
Phase
II
sulfur
dioxide
requirements
40
CFR
Parts
72,
73,
74,
76,
77,
78
E
Yes
Yes
Yes
Yes
Yes
No
406
Allowances
for
States
with
emissions
rates
at
or
below
.8
lbs/
mmBtu
40
CFR
Parts
72,
73,
74,
76,
77,
78
E
Yes
Yes
Yes
Yes
Yes
No
407
Nitrogen
oxides
emission
reduction
program
40
CFR
Parts
72,
73,
74,
76,
77,
78
E
Yes
Yes
Yes
Yes
Yes
No
408
Acid
Rain
Permits
Program
40
CFR
Parts
72,
73,
74,
76,
77,
78
E
Yes
Yes
Yes
Yes
Yes
No
409
Repowered
Sources
40
CFR
Parts
72,
73,
74,
76,
77,
78
E
Yes
Yes
Yes
Yes
Yes
No
410
Election
of
Additional
Sources
40
CFR
Parts
72,
73,
74,
76,
77,
78
E
Yes
Yes
Yes
Yes
Yes
No
Engaging
the
American
People
EPA
Public
Participation
Summary
Report
Policy
Workgroup
Air
Program
Activities
Responsible
Entity1
Responsibilities
Clean
Air
Act
Section
Regulation
Citation
Public
Notification
Public
Comment
Public/
Stakeholder
Meetings2
Public
Access
to
Information
Decision­
Making
Influence
Public
Assistance/
Other3
1.
.
E
­
EPA;
F
­
Other
Federal
Agency;
S
­
State;
L
­
Local;
T
­
Tribal;
O
­
Other
2.
Includes
opportunity
for
public
hearing
3.
Funding
authorized
Draft
*
November
2000
*
Draft
A­
16
411
Excess
Emissions
Penalty
40
CFR
Parts
72,
73,
74,
76,
77,
78
E
Yes
Yes
Yes
Yes
Yes
No
412
Monitoring
Reporting
and
Record
Keeping
Requirements
40
CFR
Parts
72,
73,
74,
75,
76,
77,
78
E
Yes
Yes
Yes
Yes
Yes
No
415
Clean
Coal
Technology
regulatory
incentives
40
CFR
Parts
72,
73,
74,
76,
77,
78
E
Yes
Yes
Yes
Yes
Yes
No
416
Allowance
Auctions
40
CFR
Parts
72,
73,
74,
76,
77,
78
E
Yes
Yes
Yes
Yes
Yes
No
502
Operating
Permit
Programs
40
CFR
Parts
70,
71,
49,
and
64
E,
T,
S,
L
Yes
Yes
Yes
Yes
Yes
No
507
Small
Business
Assistance
40
CFR
Part
51,
49,
61,
70,
71
E,
S,
T
Yes
Yes
Yes
Yes
Yes
No
602
Listing
of
Class
I
and
II
Substances
40
CFR
Part
82
E
Yes
Yes
Yes
Yes
Yes
No
Engaging
the
American
People
EPA
Public
Participation
Summary
Report
Policy
Workgroup
Air
Program
Activities
Responsible
Entity1
Responsibilities
Clean
Air
Act
Section
Regulation
Citation
Public
Notification
Public
Comment
Public/
Stakeholder
Meetings2
Public
Access
to
Information
Decision­
Making
Influence
Public
Assistance/
Other3
1.
.
E
­
EPA;
F
­
Other
Federal
Agency;
S
­
State;
L
­
Local;
T
­
Tribal;
O
­
Other
2.
Includes
opportunity
for
public
hearing
3.
Funding
authorized
Draft
*
November
2000
*
Draft
A­
17
603
Monitoring
and
Reporting
Requirements
40
CFR
Part
82
E
Yes
Yes
Yes
Yes
Yes
No
604
Phase­
out
of
production
and
consumption
of
Class
I
substances
40
CFR
Part
82
E
Yes
Yes
Yes
Yes
Yes
No
605
Phase­
out
of
Class
II
substances
40
CFR
Part
82
E
Yes
Yes
Yes
Yes
Yes
No
606
Accelerated
Schedule
40
CFR
Part
82
E
Yes
Yes
Yes
Yes
Yes
No
607
Exchange
Authority
40
CFR
Part
82
E
Yes
Yes
Yes
Yes
Yes
No
608
Recycling
and
emission
reduction
program
40
CFR
Part
82
E
Yes
Yes
Yes
Yes
Yes
No
609
Servicing
motor
vehicle
air
conditioners
40
CFR
Part
82
E
Yes
Yes
Yes
Yes
Yes
No
Engaging
the
American
People
EPA
Public
Participation
Summary
Report
Policy
Workgroup
Air
Program
Activities
Responsible
Entity1
Responsibilities
Clean
Air
Act
Section
Regulation
Citation
Public
Notification
Public
Comment
Public/
Stakeholder
Meetings2
Public
Access
to
Information
Decision­
Making
Influence
Public
Assistance/
Other3
Draft
*
October
10,
2000
*
Draft
A­
18
610
Nonessential
products
containing
CFC
40
CFR
Part
82
E
Yes
Yes
Yes
Yes
Yes
No
611
Labeling
40
CFR
Part
82
E
Yes
Yes
Yes
Yes
Yes
No
612
Safe
Alternatives
40
CFR
Part
82
E,
F
Yes
Yes
Yes
Yes
Yes
No
613
Federal
Procurement
40
CFR
Part
82
E
Yes
Yes
Yes
Yes
Yes
No
615
Authority
of
Administrator
to
control
other
ozone
depleting
substances
40
CFR
Part
82
E
Yes
Yes
Yes
Yes
Yes
No
616
Transfers
among
parties
to
Montreal
Protocol
40
CFR
Part
82
E
Yes
Yes
No
Yes
Yes
N
1.
.
E
­
EPA;
F
­
Other
Federal
Agency;
S
­
State;
L
­
Local;
T
­
Tribal;
O
­
Other
2.
Includes
opportunity
for
public
hearing
3.
Funding
authorized
Engaging
the
American
People
EPA
Public
Participation
Summary
Report
Policy
Workgroup
Draft
*
October
10,
2000
*
Draft
A­
19
Table
A­
2
Public
Participation
Requirements
by
Statutes
Affecting
Programs
of
the
Office
of
Prevention,
Pesticides
and
Toxic
Substances
(
OPPTS)

Statutes
Affecting
OPPTS
Programs
Responsible
Entity1
Responsibilities
Public
Notification
Public
Comment
Public
Meetings
Public
Access
to
Information
Decision­
Making
Influence
Public
Assistance/
Other
Endangered
Species
Act
(
ESA)
F
T
T
T
T
T
Federal
Food,
Drug,
and
Cosmetic
Act
(
FFDCA)
2
E,
F
T
T
T
T
T
Federal
Insecticide,
Fungicide,
and
Rodenticide
Act
(
FIFRA)
3
E,
F
T
T
T
T
T
T
Pollution
Prevention
Act
(
PPA)
E
T
T
Residential
Lead­
Based
Paint
Control
Act
(
aka
Title
X)
E,
F,
S,
T,
L,
T
T
T
T
Toxic
Substances
Control
Act
(
TSCA)
4
E,
F
T
T
T
T
T
T
1.
E
­
EPA;
F
­
Other
Federal
Agency;
S
­
State;
L
­
Local;
T
­
Tribal;
O
­
Other
2.
As
amended
by
the
Food
Quality
Protection
Act
(
FQPA)
3.
Ibid.
4.
As
amended.
Engaging
the
American
People
EPA
Public
Participation
Summary
Report
Policy
Workgroup
1.
E
­
EPA;
F
­
Other
Federal
Agency;
S
­
State;
L
­
Local;
T
­
Tribal;
O
­
Other
Draft
*
October
10,
2000
*
Draft
A­
20
Table
A­
3:
Public
Participation
Requirements
by
Associated
Regulations
Affecting
Programs
of
the
Office
of
Prevention,
Pesticides
and
Toxic
Substances
(
OPPTS)

OPPTS
Program
Areas
Responsible
Entity1
Responsibilities
Public
Notification
Public
Comment
Public
Meetings
Public
Access
to
Information
Decision­
Making
Influence
Public
Assistance/
Other
Federal
Food,
Drug,
and
Cosmetic
Act
(
FFDCA)

Food
Additive
Regulations
(
40
CFR
177)
3
E
T
T
T
T
Formal
Evidentiary
Public
Hearing
(
40
CFR
179)
E
T
T
T
Objection
&
Request
for
Hearings
(
40
CFR
178)
E
T
T
Procedures
for
Setting
Tolerances
for
Pesticides
in
Food
(
40
CFR
180)
E
T
T
T
Federal
Insecticide,
Fungicide,
and
Rodenticide
Act
(
FIFRA)

Certification
of
Pesticide
Applicators
(
40
CFR
171)
E
T
Emergency
Use
Exemptions
(
40
CFR
166)
E
T
T
Endangered
Species
Program
E,
F
T
T
T
Engaging
the
American
People
EPA
Public
Participation
Summary
Report
Policy
Workgroup
OPPTS
Program
Areas
Responsible
Entity1
Responsibilities
Public
Notification
Public
Comment
Public
Meetings
Public
Access
to
Information
Decision­
Making
Influence
Public
Assistance/
Other
1.
E
­
EPA;
F
­
Other
Federal
Agency;
S
­
State;
L
­
Local;
T
­
Tribal;
O
­
Other
Draft
*
October
10,
2000
*
Draft
A­
21
Experimental
Use
Permits
(
40
CFR
172)
E
T
T
Hearings
­
Procedural
Rule
(
40
CFR
164)
E
T
T
T
Pesticide
Registration
and
Classification
Procedures
(
40
CFR
152
&
153)
E
T
T
Procedures
for
Rescission
of
State
Primary
Enforcement
Responsibility
(
40
CFR
173)
E
(
OECA)
T
T
T
T
Registration
Standards
­
Docketing
and
Public
Participation
Procedures
(
40
CFR
155)
E
T
T
T
T
Special
Review
Procedures
(
40
CFR
154)
E
T
T
T
T
State
Registration
of
Pesticides
to
Meet
Special
Local
Needs
(
40
CFR
162)
E
T
T
T
Engaging
the
American
People
EPA
Public
Participation
Summary
Report
Policy
Workgroup
OPPTS
Program
Areas
Responsible
Entity1
Responsibilities
Public
Notification
Public
Comment
Public
Meetings
Public
Access
to
Information
Decision­
Making
Influence
Public
Assistance/
Other
1.
E
­
EPA;
F
­
Other
Federal
Agency;
S
­
State;
L
­
Local;
T
­
Tribal;
O
­
Other
Draft
*
October
10,
2000
*
Draft
A­
22
Worker
Protection
Standards
(
40
CFR
170)
E,
F,
S
T
T
T
Pollution
Prevention
Act
(
PPA)

Pollution
Prevention
Grant
Program
E
T
T
T
T
­
Environmental
Justice
Through
Pollution
Prevention
E
T
T
T
T
­
Pollution
Prevention
Information
Network
E
T
T
T
T
­
Pollution
Prevention
Incentive
for
States
(
PPIS)
E
T
T
T
T
Residential
Lead­
Based
Paint
Control
Act
(
aka
Title
X)

Lead
Program
(
40
CFR
745)
E,
F
T
T
T
T
T
­
Disclosure
at
Renovation
(
§
406)
E,
F
T
T
T
T
T
­
Disclosure
at
Sale
or
Lease
(
§
1018)
E,
F
T
T
T
T
T
Engaging
the
American
People
EPA
Public
Participation
Summary
Report
Policy
Workgroup
OPPTS
Program
Areas
Responsible
Entity1
Responsibilities
Public
Notification
Public
Comment
Public
Meetings
Public
Access
to
Information
Decision­
Making
Influence
Public
Assistance/
Other
1.
E
­
EPA;
F
­
Other
Federal
Agency;
S
­
State;
L
­
Local;
T
­
Tribal;
O
­
Other
Draft
*
October
10,
2000
*
Draft
A­
23
­
Model
State
Accreditation
Program
(
§
404)
E,
F
T
T
T
T
T
­
Training
&
Certification
for
Abatements
(
§
402)
E,
F
T
T
T
T
T
Toxic
Substances
Control
Act
(
TSCA)

Asbestos
Program
(
40
CFR
763)
E,
F,
S,
T,
L
T
T
T
T
T
T
­
Asbestos
in
Schools
Program
E,
F,
S,
T,
L
T
T
T
T
T
T
­
Asbestos
Model
Accreditation
Program
E,
S,
T,
L
T
T
T
T
T
T
­
Asbestos
Worker
Protection
Program
E,
S,
T,
L
T
T
T
T
T
T
Data
Reimbursement
(
40
CFR
791)
E
T
T
T
T
T
T
Chemical
Information
Reporting
Rules
Engaging
the
American
People
EPA
Public
Participation
Summary
Report
Policy
Workgroup
OPPTS
Program
Areas
Responsible
Entity1
Responsibilities
Public
Notification
Public
Comment
Public
Meetings
Public
Access
to
Information
Decision­
Making
Influence
Public
Assistance/
Other
1.
E
­
EPA;
F
­
Other
Federal
Agency;
S
­
State;
L
­
Local;
T
­
Tribal;
O
­
Other
Draft
*
October
10,
2000
*
Draft
A­
24
­
Recordkeeping
&
Reporting
(
40
CFR
704)
E,
F
­
Preliminary
Information
(
PAIR)
(
40
CFR
712)
E,
F
T
T
T
T
T
­
Health
&
Safety
Data
(
40
CFR
716)
E
T
T
T
T
T
­
Allegations
under
§
8(
c)
(
40
CFR
717)
E
T
T
T
­
Allegations
under
§
8(
e)
(
Policy)
E
T
T
T
Chemical
Specific
Regulations
­
Metalworking
Fluids
(
40
CFR
747)
E
T
T
T
T
T
T
­
Water
Treatment
Chemicals
(
40
CFR
749)
E
(
OW)
T
­
Dioxins
(
40
CFR
766)
E
T
T
T
T
T
T
Citizen
Suits
Procedural
Rule
(
40
CFR
702)
E
T
T
T
T
T
T
Export
and
Import
Requirements
(
40
CFR
707)
E,
F
T
T
T
T
T
Engaging
the
American
People
EPA
Public
Participation
Summary
Report
Policy
Workgroup
OPPTS
Program
Areas
Responsible
Entity1
Responsibilities
Public
Notification
Public
Comment
Public
Meetings
Public
Access
to
Information
Decision­
Making
Influence
Public
Assistance/
Other
1.
E
­
EPA;
F
­
Other
Federal
Agency;
S
­
State;
L
­
Local;
T
­
Tribal;
O
­
Other
Draft
*
October
10,
2000
*
Draft
A­
25
Inventory
Update
Rule
(
IUR)
(
40
CFR
710)
E
T
T
T
T
T
PCBs
Program
(
40
CFR
761)
E,
F
T
T
T
T
T
T
­
PCB
Disposal
Program
E
T
T
T
T
T
T
­
PCB
Use
Authorization
Program
E
T
T
T
T
T
T
PMN
Program
­
PMN
Process
(
40
CFR
720)
E
T
T
T
T
T
­
PMN
Exemptions
(
40
CFR
723)
E
T
T
T
T
T
­
TSCA
Biotech/
Microorganisms
(
40
CFR
725)
E
T
T
T
T
T
SNUR
Program
(
40
CFR
721)
E
T
T
T
T
T
T
Testing
Program
(
40
CFR
790­
799)

­
Enforceable
Consent
Agreements
(
ECAs)
E,
F
T
T
T
T
T
T
Engaging
the
American
People
EPA
Public
Participation
Summary
Report
Policy
Workgroup
OPPTS
Program
Areas
Responsible
Entity1
Responsibilities
Public
Notification
Public
Comment
Public
Meetings
Public
Access
to
Information
Decision­
Making
Influence
Public
Assistance/
Other
1.
E
­
EPA;
F
­
Other
Federal
Agency;
S
­
State;
L
­
Local;
T
­
Tribal;
O
­
Other
Draft
*
October
10,
2000
*
Draft
A­
26
­
Test
Rules
E
T
T
T
T
T
TSCA
Section
6
Procedural
Rule
(
40
CFR
750)
E,
F
T
T
T
T
T
T
Engaging
the
American
People
EPA
Public
Participation
Summary
Report
Policy
Workgroup
Draft
*
October
10,
2000
*
Draft
A­
27
Table
A­
4:
Public
Participation
Requirements
Affecting
the
Superfund
Program
Superfund
Program
Remedial
Public
Participation
Requirements
Responsibilities
Prior
Notification
Public
Comment
Public
Meetings
Feedback
Public
Access
to
Information
Decision­
Making
Influence
Public
Assistance/
Other
Listing
Yes
(
R)
60
days
(
R)
No
RS
(
R)
No
No
No
RIFS
Yes
(
S)
30
days
(
R)
1
(
S)
RS
(
S)
Repository
(
S)
Admin
Rec
No
$
Available
(
R)

Design
Yes
(
R)
No
No
No
Repository
(
S)
Admin
Rec
No
$
Available
(
R)

Construct
No
No
No
No
No
No
$
Available
(
R)

Deletion
Yes
(
R)
30
days
No
RS
(
R)
Repository
(
R)
Admin
Rec
No
No
RS
=
Responsiveness
Summary
(
S)
=
By
Statute
(
R)
=
By
Regulation
(
P)
=
By
Policy
(
E)
=
By
Executive
Order
Engaging
the
American
People
EPA
Public
Participation
Summary
Report
Policy
Workgroup
Draft
*
October
10,
2000
*
Draft
A­
28
Table
A­
5:
­
Public
Participation
Requirements
by
Policies
Issued
by
the
Office
of
Regulatory
Enforcement
(
ORE)
in
the
Office
of
Enforcement
and
Compliance
Assurance
(
OECA)

ORE's
standard
practice
is
to
solicit
public
notice
and
comment
on
significant
policies
issued
regarding
enforcement
matters.
For
example,
when
the
Audit
Policy
was
issued,
the
policy
was
placed
in
the
Federal
Register
and
a
public
hearing
was
held.
The
same
holds
true
for
the
SEP
Policy,
the
BEN
Model
used
to
calculate
the
economic
benefit
gained
by
a
violator,
and
other
specific
enforcement
policies.
However,
not
all
these
policies
in
of
themselves
recommend
public
participation
as
a
part
of
the
policy.

We
also
seek
public
participation
in
certain
types
of
enforcement
settlements.
All
Consent
Decrees
settled
for
us
by
the
Department
of
Justice
are
noticed
in
the
federal
register
and
made
available
for
notice
and
comment
prior
to
final
entry
by
the
court,
but
DOJ
has
the
responsibility
for
issuing
the
notice
and
responding
to
the
comments.

ORE
is
responsible
for
the
enforcement
of
most
of
the
statutes
under
EPA's
responsibility,
but
does
not
have
responsibility
for
the
public
participation
requirements
for
the
rulemaking
aspects
of
the
statutes.
In
addition,
we
share
responsibility
for
some
statutes
with
other
offices
within
OECA
(
e.
g.
The
RCRA
Corrective
Action
program
is
enforced
in
OSRE).
Engaging
the
American
People
EPA
Public
Participation
Summary
Report
Policy
Workgroup
Draft
*
October
10,
2000
*
Draft
A­
29
Table
A­
5:
­
Public
Participation
Requirements
by
Policies
Issued
by
the
Office
of
Regulatory
Enforcement
(
ORE)
in
the
Office
of
Enforcement
and
Compliance
Assurance
(
OECA)

ORE
Policies
and
Regulations
Containing
Public
Participation
Requirements
Responsible
Entity1
Responsibilities
Public
Notification
Public
Comment
Public
Meetings
Public
Access
to
Information
Decision­
Making
Influence
Public
Assistance/
Other
"
Guidance
on
the
Use
and
Issuance
of
Administrative
Orders
Under
Section
7003
of
RCRA"
E
T
T
T
T
T
"
Supplemental
Environmental
Projects
Policy"
E
T
T
T
T
T
T
40
CFR
§
22.45­
Supplemental
rules
governing
public
notice
and
comment
in
proceedings
under
sections
309(
g)
and
311(
b)(
6)(
B)(
ii)
of
the
Clean
Water
Act
and
section
1423(
c)
of
the
Safe
Drinking
Water
Act.
E
T
T
T
T
T
1.
E
­
EPA;
F
­
Other
Federal
Agency;
S
­
State;
L
­
Local;
T
­
Tribal;
O
­
Other
Engaging
the
American
People
EPA
Public
Participation
Summary
Report
Policy
Workgroup
Draft
*
October
10,
2000
*
Draft
A­
30
Table
A­
6:
Public
Participation
Requirements
by
Policies
Issued
by
the
Office
of
Federal
Activities
(
OFA)
within
the
Office
of
Enforcement
and
Compliance
Assurance
(
OECA)

The
following
table
provides
requirements
under
OFA's
programs
within
OECA.

Statutes
Affecting
Programs
Responsible
Entity1
Responsibilities
Public
Notification
Public
Comment
Public
Meetings
Public
Access
to
Information
Decision­
Making
Influence
Public
Assistance/
Other
National
Environmental
Policy
Act
(
42
U.
S.
C.
4321
et
seq.)
E
X
X
X
X
40
CFR
Part
6
 
Procedures
for
Implementing
the
Requirements
of
the
Council
on
Environmental
Quality
on
the
National
Environmental
Policy
Act
E
X
X
X
X
X
1.
E
­
EPA;
F
­
Other
Federal
Agency;
S
­
State;
L
­
Local;
T
­
Tribal;
O
­
Other
B­
1
EPA
Public
Participation
Policy
Review
Workgroup
Appendix
B
B­
2
Engaging
the
American
People
This
Page
Intentionally
Left
Blank
B­
3
EPA
Public
Participation
Policy
Review
Workgroup
Appendix
B:
List
of
Commenters
Below
is
a
list
of
stakeholders
that
provided
comments
on
the
Federal
Register
Notice,
dated
November
30,
1999.
To
view
all
of
the
comments,
please
visit
the
stakeholders
website
at
http://
www.
epa.
gov/
stakeholders/
public/
comment.
htm.

Name
Organization
Renette
Anderson
Utah
State
Department
of
Environmental
Quality
Thomas
T.
Traceski
Department
of
Energy
Douglas
I.
Greenhaus
National
Automobile
Dealers
Association
Jim
J.
Tozzi
Multinational
Business
Services,
Inc.

Keri
N.
Powell
New
York
Public
Interest
Research
Group
Michael
Luzier
National
Association
of
Home
Builders
Paul
Orum
Working
Group
on
Community
Right­
To­
Know
Halina
Caravello
HSE/
Q&
RA
Brigid
D.
Klein
Chemical
Specialties
Manufacturers
Association
Sanford
Lewis
Good
Neighbor
Project
Thomas
C.
Beierle
Resources
for
The
Future
Emery
Graham
City
of
Wilmington,
DE
Lenny
Seigel
Center
for
Public
Environmental
Oversight
Beth
Resnick
National
Association
of
County
and
City
Health
Officials
Hope
C.
Taylor
Clean
Water
Fund,
NC
Chris
Trepal
Earth
Day
Coalition
(
provided
comments
in
two
separate
documents)

Joe
Gentile
Affiliation
not
provided
John
J.
Wislocki
Affiliation
not
provided
H.
van
Schreven
Affiliation
not
provided
Emily
Green
Sierra
Club
Great
Lakes
Program
Joel
S.
Hirschhorn
National
Governors'
Association
Sarah
Cahill
Resources
for
The
Future
Dave
Seglin
Chicago
Department
of
Transportation
Jim
Colston
Orange
County
Sanitation
District,
CA
David
Matusow
Affiliation
not
provided
Lorene
L.
Sigal
Affiliation
not
provided
Jessica
T.
Sandler
People
for
the
Ethical
Treatment
of
Animals
Lisa
Brown
EPA
Marva
King
EPA
Candace
Carraway
EPA
B­
4
Engaging
the
American
People
"...
citizens
now
face
the
daunting
task
of
determining
what
should
occur
in
their
backyards
 
what
kinds
of
activity
are
productive,
yet
acceptably
sustainable.
Second,
they
must
transform
their
traditionally
antagonistic
relationships
with
experts
into
partnerships
for
environmental
protection;
to
determine
what
the
tolerable
activities
are,
given
continuous
change
in
the
nature
of
risks
and
our
understanding
of
how
to
respond
to
them,
they
need
to
fuse
the
broad
experience
of
professional
practitioners
with
the
contextual
intelligence
that
only
citizens
possess....
Within
broad
limits
local
units
set
their
own
environmental
performance
targets
and
devise
the
means
to
achieve
them.
In
return,
they
provide
detailed
reports
on
actual
performance
and
possible
improvements
to
public
authorities."

Charles
Sabel,
Archon
Fung,
and
Bradley
Karkkainen
"
Beyond
Backyard
Environmentalism
­
How
communities
are
quietly
refashioning
environmental
regulation"
C­
1
EPA
Public
Participation
Policy
Review
Workgroup
Appendix
C
C­
2
Engaging
the
American
People
This
Page
Intentionally
Left
Blank
C­
3
EPA
Public
Participation
Policy
Review
Workgroup
Appendix
C:
List
of
Public
Participation
Policy
Workgroup
Members
Kathleen
Bailey
(
Co­
chair)
Office
of
Policy,
Economics
&
Innovation
Deborah
Dalton
(
Co­
chair)
Office
of
the
General
Counsel/
Conflict
Prevention
and
Resolution
Center
Patricia
Bonner
(
editor/
post
3/
2000
lead)
Office
of
Policy,
Economics
&
Innovation
Shirley
Bruce
Region
6
Charlotte
Cottrill
Office
of
Environmental
Information
Bruce
Engelbert
Office
of
Emergency
and
Remedial
Response
Jayne
Fontenot
Region
6
Danny
Gogal
Office
of
Enforcement
&
Compliance
Assurance/
Environmental
Justice
Mary
Henigin
Office
of
Air
Quality
Planning
and
Standards
Angela
Hofmann
Office
of
Prevention,
Pesticides,
and
Toxic
Substances
Marjorie
Jones
Office
of
Water
David
Nicholas
Office
of
Solid
Waste
and
Emergency
Response
Angela
Nugent
Science
Advisory
Board
Wendy
Oatis
Office
of
General
Counsel
Heidi
Paulsen
Office
of
Pesticide
Programs
Sonya
Pennock
Region
8
Christine
Psyk
Region
10
Deb
Ross
Office
of
Cooperative
Environmental
Management
Robert
Shippen
Office
of
Water
Jan
Shubert
Office
of
Emergency
and
Remedial
Response
Nicholas
Targ
Office
of
Enforcement
&
Compliance
Assurance/
Environmental
Justice
Theresa
Trainor
Office
of
Sustainable
Ecosystems
and
Communities
Claudia
Walters
Office
of
Research
&
Development
Cynthia
Wolf
Region
6
C­
4
Engaging
the
American
People
"
Government
programs
are
improved
and
civic
trust
is
substantially
elevated
when
government
agencies
reach
out
to
engage
citizens
directly
in
agenda
setting,
program
development
and
policy
implementation.
Agencies
that
do
this
soon
learn
that
citizens
have
much
to
add,
that
they
are
important
repositories
of
experience
and
ideas.
Citizens
benefit
as
well
from
the
opportunities
to
see
problems
from
broader
perspectives
and
from
the
enhanced
civic
skills
that
come
from
working
with
trained
government
professionals
and
other
citizens
in
problem­
solving
activities."

National
Academy
of
Public
Administration
Panel
on
Civic
Trust
and
Citizen
Responsibility,
June
1999
D­
1
EPA
Public
Participation
Policy
Review
Workgroup
Appendix
D
U.
S.
Environmental
Protection
Agency's
1981
Policy
on
Public
Participation
and
Title
40
Part
25
of
the
Code
of
Federal
Regulations
 
Public
Participation
in
Programs
Under
the
Resource
Conservation
and
Recovery
Act,
the
Safe
Drinking
Water
Act,
and
the
Clean
Water
Act
D­
2
Engaging
the
American
People
This
Page
Intentionally
Left
Blank
D­
3
EPA
Public
Participation
Policy
Review
Workgroup
Appendix
D
U.
S.
Environmental
Protection
Agency's
1981
Policy
on
Public
Participation
and
Title
40
Part
25
of
the
Code
of
Federal
Regulations
 
Public
Participation
in
Programs
Under
the
Resource
Conservation
and
Recovery
Act,
the
Safe
Drinking
Water
Act,
and
the
Clean
Water
Act
This
Appendix
provides
the
text
for
two
of
the
key
documents
that
define
Agency
policies,
processes,
and
procedures
for
engaging
the
public
in
decision
making
and
program
implementation.
The
Policy,
published
in
1981,
establishes
the
objectives
of
public
participation
in
EPA
programs,
outlines
essential
elements
that
must
be
incorporated
in
any
public
participation
effort,
discusses
a
number
of
public
participation
mechanisms
with
ground
rules
for
their
effective
use,
and
assigns
responsibility
for
planning,
managing,
funding,
and
carrying
out
public
participation
activities
to
EPA
managers.
The
intent
of
the
Policy
is
to
ensure
that
managers
plan
in
advance
needed
public
involvement
in
their
programs,
that
they
consult
with
the
public
on
issues
where
public
comment
can
be
truly
helpful,
that
they
use
methods
of
consultation
that
will
be
effective
both
for
program
purposes
and
for
the
members
of
the
public
who
take
part,
and
finally
that
they
are
able
to
apply
what
they
have
learned
from
the
public
in
their
final
program
decisions.

The
Part
25
regulations
set
forth
minimum
requirements
and
suggested
program
elements
for
public
participation
in
activities
under
the
Clean
Water
Act
(
Pub.
L.
95
 
217),
the
Resource
Conservation
and
Recovery
Act
(
Pub.
L.
94
 
580),
and
the
Safe
Drinking
Water
Act
(
Pub.
L.
93
 
523).
These
regulations
have
also
been
used
as
the
foundation
for
public
participation
for
other
EPA
programs
not
associated
with
these
acts.
D­
4
Engaging
the
American
People
APPENDIX
D­
1:
EPA'S
1981
POLICY
ON
PUBLIC
PARTICIPATION
ENVIRONMENTAL
PROTECTION
AGENCY
Responsiveness
Summary
and
Preamble
on
Public
Participation
Policy
AGENCY:
Environmental
Protection
Agency
ACTION:
Policy
SUMMARY:
This
Policy
is
designed
to
provide
guidance
and
direction
to
public
officials
who
manage
and
conduct
EPA
programs
on
reasonable
and
effective
means
of
involving
the
public
in
program
decisions.
The
Policy
applies
to
programs
under
the
Clean
Air
Act
(
Pub.
L.
95­
95),
Quiet
Communities
Act
(
Pub.
L.
95­
609)
Resource
Conservation
and
Recovery
Act
(
Pub.
L.
94­
580),
Toxic
Substances
Control
Act
(
Pub.
L.
94­
469),
Federal
Insecticide,
Fungicide
and
Rodenticide
Act
(
Pub.
L.
95­
396)
Safe
Drinking
Water
Act
(
Pub.
L.
95­
190),
and
the
Clean
Water
Act
(
Pub.
L.
95­
217).

The
Policy
establishes
the
objectives
of
public
participation
in
EPA
programs,
outlines
essential
elements
that
must
be
incorporated
in
any
public
participation
effort,
discusses
a
number
of
public
participation
mechanisms
with
ground
rules
for
their
effective
use,
and
assigns
responsibility
for
planning,
managing,
funding,
and
carrying
out
public
participation
activities
to
EPA
managers.
The
intent
of
the
Policy
is
to
ensure
that
managers
plan
in
advance
needed
public
involvement
in
their
programs,
that
they
consult
with
the
public
on
issues
where
public
comment
can
be
truly
helpful,
that
they
use
methods
of
consultation
that
will
be
effective
both
for
program
purposes
and
for
the
members
of
the
public
who
take
part,
and
finally
that
they
are
able
to
apply
what
they
have
learned
from
the
public
in
their
final
program
decisions.

The
Policy
provides
a
uniform
set
of
guidelines
and
requirements
applicable
to
all
EPA
programs,
thus
assuring
a
consistent
base
level
of
effort.
The
Policy
applies
to
all
EPA
activities
as
well
as
to
State
and
local
activities
funded
or
delegated
by
EPA.
EPA
will
develop
work
plans
as
part
of
the
annual
budget
development
cycle,
and
amend
program
regulations
as
needed
to
incorporate
the
Policy.
Affected
programs
are
listed
in
the
Appendix
to
the
Policy.

DATES:
The
Policy
is
effective
on
January
19,
1981.

FOR
FURTHER
INFORMATION
CONTACT:
Sharon
F.
Francis,
Special
Assistant
for
Public
Participation,
Office
of
the
Administrator
(
A­
100).
Environmental
Protection
Agency,
401
M
Street,
SW,
Washington,
D.
C.
20460,
telephone
202/
245­
3066.

SUPPLEMENTARY
INFORMATION:
The
Policy
which
takes
effect
with
this
publication
is
the
result
of
long
and
careful
consideration
on
the
part
of
EPA,
State
and
local
agencies,
and
the
diverse
public
that
are
actively
concerned
with
EPA
programs.
EPA
already
enjoys
a
substantial
amount
of
involvement
from
an
active
and
interested
public.
Indeed,
to
that
public
goes
substantial
credit
for
progress
made
in
cleaning
up
environmental
pollution
over
the
last
10
years.
There
has
been
recognition,
however,
both
inside
and
outside
the
Agency,
that
new
steps
need
to
be
taken
to
ensure
that
members
of
the
public
affected
by
EPA
programs
are
given
an
earlier
and
better
opportunity
to
be
heard
in
EPA
decision
making.

EPA
has
received
a
significant
volume
of
thoughtful
criticism
of
its
performance
in
implementing
its
legally
mandated
public
participation
activities
and
its
more
general
responsibility
to
involve
the
public
D­
5
EPA
Public
Participation
Policy
Review
Workgroup
in
governmental
decisions.
The
desire
of
the
public
to
have
a
stronger
role
in
shaping
government
programs
which
affect
their
lives,
businesses,
and
communities,
and
also
the
growing
need
for
governmental
units
at
all
levels
to
participate
in
the
programs
of
other
governmental
entities
has
stimulated
this
criticism.
Government
decision­
makers
have
become
increasingly
aware
of
the
capability
of
the
public
to
make
constructive
use
of
opportunities
for
involvement.
This
new
awareness
has
been
accompanied
by
increased
practical
experience
in
using
a
variety
of
techniques
to
facilitate
public
involvement.

For
these
reasons,
EPA
has
recognized
the
need
to
improve
public
involvement
in
governmental
decisions
by
clarifying
the
rights
and
responsibilities
of
potential
participants
and
those
responsible
for
administering
public
participation
programs.
This
will
lead
to
better
decisions,
more
satisfactory
opportunities
for
the
public
to
pursue
their
goals
through
government,
and
greater
public
confidence
in
government
because
decisions
will
be
made
with
participation
by
interested
and
affected
members
of
the
public.

Both
EPA
and
members
of
the
public
have
more
demands
on
their
scarce
time
and
resources
than
can
be
filled,
and
need
to
use
them
where
the
results
can
be
most
effective.
This
Policy's
common
objectives,
procedures
and
emphasis
on
results
will
benefit
the
entire
Agency,
and
will
give
the
public
new
confirmation
that
EPA
intends
to
be
as
responsive
as
possible
to
public
questions,
concerns
and
preferences.

This
Policy
is
the
result
of
analysis
and
reforms
instituted
at
the
Administrator's
direction
by
the
Agency
Task
Force
on
Public
Participation.
The
Policy
was
initially
proposed
in
the
Federal
Register
on
April
30,
1980.
In
order
to
ensure
that
the
proposed
Policy
received
attention
from
the
various
sectors
of
the
public
active
in
EPA's
programs,
the
Agency
mailed
copies
of
the
proposal
to
a
nationwide
mailing
list
that
included
business
and
industry,
labor
organizations,
professional
and
trade
associations,
news
media,
consumer
and
women's
organizations,
environmental
and
public
interest
groups,
Black,
Hispanic,
and
Native
American
organizations,
scientific,
public
health,
legal
and
planning
societies,
and
State
agencies.

Additionally,
each
of
EPA's
ten
regional
offices
received
copies
of
the
Policy
for
distribution
to
their
constituent
lists
at
the
regional,
State
and
local
level.
A
number
of
regional
offices
wrote
and
distributed
summaries
of
the
proposed
Policy,
as
well
as
held
meetings
to
give
members
of
the
public
opportunity
to
raise
questions
and
express
their
views.
Public
meetings
were
held
in
Boston,
Chicago,
Columbus,
Minneapolis,
Denver,
Seattle,
Portland,
Boise,
Anchorage,
and
Washington.
As
a
result
of
these
outreach
efforts,
close
to
500
members
of
the
public
took
part
in
discussions
and
offered
comment
on
the
proposal.

The
following
analysis
of
the
comments
received,
in
terms
of
the
affiliation
of
the
person
commenting,
provides
insight
on
the
expectations
and
needs
of
various
sectors
of
the
public.

Written
comments
were
received
from
people
in
forty­
two
States,
with
the
largest
number
of
comments
coming
from
States
where
EPA's
regional
offices
had
also
stimulated
public
meetings,
namely
Massachusetts,
Connecticut,
Minnesota,
Ohio
and
Washington.

Written
comments
were
in
almost
every
case
substantive
and
extensive,
often
running
many
pages
in
length.
In
almost
all
cases,
the
people
who
wrote
had
been
involved
with
EPA
programs
either
as
public
participants
or
program
managers,
and
their
comments
reflected
this
reservoir
of
practical
experience.
D­
6
Engaging
the
American
People
The
largest
section
of
the
public
who
commented
were
public
interest
groups,
including
environmental,
consumer,
and
local
civic
groups.
They
provided
30%
of
the
comments
received
and
were
closely
followed
by
economic
interests,
including
industries,
business,
and
trade
association
with
27%.
Additionally,
15%
of
comments
came
from
State
agencies,
10%
from
citizens­
at­
large,
10%
from
local
officials,
6%
from
other
federal
agencies,
and
2%
from
academic
institutions.

Over
420
issues
were
addressed,
and
of
these,
the
ones
that
drew
the
greatest
amount
of
discussion
were
the
following:
the
composition
of
advisory
groups;
whether
to
provide
financial
assistance
to
the
participating
public,
and
under
what
criteria;
whether
to
apply
the
Policy
to
State
agencies
carrying
out
EPA
programs;
and
the
content
and
use
of
Responsiveness
Summaries.

Eighty­
five
percent
of
those
who
commented
supported
a
final
Policy
as
strong
as
or
stronger
than
the
one
the
Agency
proposed
in
late
April,
and
this
support
came
from
all
sectors
of
the
public.
In
the
case
of
State
agencies,
for
example,
only
7
of
the
44
who
commented
were
negative
about
EPA's
emphasis
on
public
participation
or
wanted
to
see
it
weakened.
The
other
37
agencies
all
wanted
a
Policy
and
wanted
it
even
stronger
than
EPA
proposed.
Economic
interests
expressed
opinions
on
both
sides
of
the
issue,
but
20%
wanted
it
stronger
and
50%
supported
the
Policy
as
proposed.

Those
who
opposed
the
proposed
Policy
said
that
EPA
should
not
be
in
the
business
of
stimulating
participation.
People
who
are
really
concerned,
they
said,
will
come
forth
and
participate
on
their
own.
This
assumes,
however,
that
people
on
their
own
will
know
that
environmental
decisions
are
about
to
be
made,
that
these
decisions
will
affect
them,
and
that
they
will
have
enough
background
information
to
be
able
to
contribute
to
what
is
usually
a
technical
and
complex
discussion.

The
Agency
agrees
that
public
participation
must
not
be
a
contrived
exercise,
nor
should
it
be
undertaken
with
the
purpose
of
manipulating
the
public
into
agreement
with
a
governmental
position.
EPA
recognized
its
responsibility
to
give
affected
sectors
of
the
public
a
fair
opportunity
to
know
of
forthcoming
governmental
decisions
and
to
be
heard
when
those
decisions
are
made.
Clear
requirements
will
make
public
involvement
more
cost­
effective,
both
for
EPA
management
and
for
the
various
sectors
of
the
public.

It
is
clear
from
widespread
support
for
an
effective
policy
that
EPA's
emphasis
on
public
participation
struck
a
responsive
chord
in
all
sectors
of
the
public.
The
public's
thoughtfully
reasoned
statements
for
amplifying
or
strengthening
aspects
of
the
Proposed
Policy
have
convinced
us
of
the
merit
of
a
number
of
changes.
EPA
recognizes
the
commitment
it
is
now
making
to
more
open
and
effective
consultation
with
the
public.
This
policy
will
provide
a
strong
and
practical
framework
to
guide
our
interactions
in
the
months
and
years
ahead.

Summary
of
Response
to
Public
Comment
The
following
sections
respond
to
major
points
raised
in
comments
made
by
the
public.

1.
Objectives
of
EPA's
Policy:
There
was
support
from
all
sectors
for
the
objectives
stated
in
the
proposed
Policy,
but
a
number
of
people
called
for
additions
as
well.
These
include
the
role
of
the
public
in
identifying
and
selecting
among
alternatives,
the
importance
of
early
and
continuing
involvement,
the
significant
opportunity
that
public
participation
affords
for
anticipating
and
reducing
conflicts,
and
the
need
to
create
equal
access
to
the
regulatory
process.
Commenters
also
pointed
out
that
objectives
need
to
be
comprehensive
since
they
provide
the
yardstick
for
evaluation.
All
of
these
suggestions
have
merit
and
EPA
has
added
them
to
the
final
Policy.
D­
7
EPA
Public
Participation
Policy
Review
Workgroup
2.
Application
of
the
Policy
to
EPA
Programs
Under
State
Administration:
Most
of
the
laws
administered
by
EPA
designate
certain
programs
which
can
be
administered
by
a
State,
instead
of
by
EPA,
if
the
State
Program
meets
statutory
and
regulatory
criteria.
The
proposed
Policy
required
EPA
to
provide
for
public
participation
in
the
process
of
deciding
to
approve
such
State
programs.
It
also
provided
that,
after
approval,
the
State
would
assume
responsibility
for
meeting
the
public
participation
requirements.

In
the
preamble
to
the
proposed
Policy,
EPA
drew
attention
to
this
matter,
and
specifically
asked
for
comment
on
whether
the
Agency
should
apply
the
Policy
to
EPA
programs
when
conducted
by
States.
A
major
proportion
of
commenters
from
all
categories
preferred
the
option
as
proposed,
on
the
grounds
that
participation
is
needed
and
beneficial
to
program
decisions
regardless
of
who
administers
the
program.
A
much
smaller
number
of
commenters
favored
permitting
States
to
achieve
substantially
equivalent
results
to
EPA's
Policy;
however,
none
responded
to
EPA's
request
for
"
specific
suggestions
for
wording
and
evaluation
criteria"
since
"
substantially
equivalent
provisions
have
a
history
of
being
easy
to
espouse
but
difficult
to
demonstrate."
After
reading
all
the
comments,
EPA
concluded
that
the
Policy,
as
proposed,
has
sufficient
flexibility
within
a
context
of
practical
requirements
that
it
will
be
beneficial
to
State
program
administration.

Two
years
ago,
when
EPA
proposed
its
regulation
for
public
participation
in
Clean
Water,
Drinking
Water
and
Solid
Waste
programs
(
40
CFR
Part
25),
the
question
of
applying
the
requirements
to
States
was
intensely
controversial.
Now,
with
more
than
a
year
of
experience
in
those
programs,
the
worst
apprehensions
have
not
materialized
and
public
participation
has
begun
to
prove
its
constructive
role.
Most
State
agencies,
therefore,
were
not
troubled
by
the
proposal.
In
view
of
the
comments
received
and
the
discussion
above,
EPA
finds
no
need
to
alter
this
aspect
of
the
Policy.

3.
Consistency
with
Part
25
Regulations
for
Public
Participation
in
Water
and
Waste
Management
Programs:
In
Proposing
the
Policy,
EPA
made
conscious
effort
to
ensure
compatibility
between
its
provision
and
those
of
the
earlier
Part
25
regulation
for
programs
under
the
Clean
Water
Act,
Safe
Drinking
Water
Act,
and
Resource
Conservation
and
Recovery
Act.
Two
additions
that
EPA
is
now
making
to
the
Policy
will
further
remove
the
differences
between
the
two
documents
and
bring
the
Policy
into
closer
alignment
with
Part
25.
One
change
is
the
requirement
that
EPA
review
and
require
further
efforts
as
needed
to
achieve
the
balanced
membership
requirement
for
advisory
groups.
The
other
change
is
that
EPA
may
require
corrective
action
on
the
part
of
State
program
grantees
to
ensure
compliance
with
the
Policy.
While
differences
in
wording
remain
between
the
two
documents,
EPA
holds
that
40
CFR
Part
25
fulfills
the
intent
and
requirements
of
the
Policy
in
the
procedural
areas
(
Section
D.
of
Policy)
of
common
subject
matter.
If
differences
remain
between
Part
25
and
the
Policy,
Part
25
will
control.
The
sections
of
the
Policy
on
work
plan,
assistance
to
the
public,
and
authority
and
responsibility
augment
the
requirements
contained
in
40
CFR
Part
25,
and
apply
to
all
programs
of
the
Agency.

4.
How
to
Identify
the
Public
Who
Should
Participate:
Many
of
those
who
commented
on
the
Identification
section
of
the
Policy
liked
our
emphasis
on
developing
a
contact
list
of
interested
or
affected
members
of
the
public
at
the
outset
of
a
participation
opportunity.
Several
pointed
out,
however,
that
contact
lists
need
frequent
updating,
especially
on
lengthy
projects.
This
change
we
are
incorporating.
A
number
of
those
who
commented
on
this
section
requested
that
the
Policy
indicate
the
uses
of
a
contact
list,
and
we
have
revised
the
Policy
to
do
so.

5.
Ways
to
Inform
and
Reach
the
Public:
The
majority
of
comments
asked
for
amplification
of
the
Outreach
section.
Commenters
sent
many
valuable
suggestions,
many
of
which
the
final
Policy
incorporates.
Some
general
areas
of
concern
with
which
we
agree,
and
have
responded
to
in
the
final
D­
8
Engaging
the
American
People
Policy,
include
the
following:
(
1)
public
access
to
information
is
critical
to
successful
public
participate
programs;
(
2)
information
must
be
translated
from
"
technical"
language
into
language
understandable
to
the
lay
public;
(
3)
outreach
activities
should
be
emphasized
as
ongoing
activities
so
the
public
can
be
kept
up
to
date
on
matters
of
concern;
and
(
4)
the
uninterested
but
impacted
publics'
views
need
to
be
solicited
in
some
manner.

Specific
comments
addressed
each
of
the
major
sections
of
Outreach.
Under
Methods,
commenters
suggested
further
use
of
a
variety
of
techniques,
many
of
which
we
have
added
to
the
final
version.
Under
Content,
it
was
suggested
that
materials
be
prepared
in
clear,
concise
language
to
inform
the
public
of
triggering
events
which
initiate
a
proposed
action,
and
provide
details
on
supporting
research
analysis
and
methodology.
These
suggestions,
along
with
the
availability
of
Environmental
Impact
Statements,
were
included
in
the
final
Policy.
Under
Notification,
the
major
concerns
were
that
notices
should
inform
the
public
about
the
initiation
of
a
decision­
making
process
and
that
we
should
describe
the
type
of
media
notice
required.
In
the
Depositories
section,
commenters
suggested
public
and
university
libraries
as
appropriate
locations,
and
that
consideration
ought
to
be
given
to
accessibility,
travel
time,
parking,
and
availability
during
off­
work
hours.
We
agreed
with
these
suggestions
and
included
them
in
the
final
Policy.

6.
Public
Notification
of
Financial
Assistance
Awards:
We
received
complaints
from
the
public
that
often
they
never
hear
about
EPA
funded
projects
that
provide
participation
opportunities
in
programs
of
State,
substate,
and
local
governments.
They
suggested
that
we
incorporate
some
type
of
requirement
that
notice
be
given
either
at
the
time
EPA
receives
applications,
or
after
award
acceptances.
After
careful
consideration,
and
with
a
conscious
effort
to
keep
the
Policy
consistent
with
40
CFR
Part
25
regulations,
we
have
added
a
section
under
Timing
that
the
recipient
give
public
notice
within
45
days
of
award
acceptance.

7.
Methods
to
Improve
Communication
Between
EPA
and
the
Public:
Many
commenters
were
dissatisfied
with
the
Dialogue
and
Hearing
section.
They
felt
we
placed
too
much
emphasis
on
describing
hearing
requirements,
and
did
not
give
enough
attention
to
other
methods
of
ensuring
communication
between
EPA
and
the
public.
We
responded
to
these
concerns
by
amplifying
the
Dialogue
section
to
include
these
suggestions
and
listing
other
methods
of
soliciting
and
using
public
input.
These
methods
include
review
groups,
workshops,
conferences,
personal
correspondence
and
conversations,
meetings,
and
citizen
panels.

8.
Suggestions
for
Improvement
of
Hearing
Format:
All
sectors
of
the
public
responding
felt
that
hearing
procedures
needed
to
move
away
from
rigid
rituals
and
be
more
attuned
to
listening
and
responding
to
the
public's
views.
We
agree
that
public
hearings
can
be
more
successful
if
they
are
conducted
in
a
non­
intimidating
manner,
and
if
the
public
has
been
informed
of
the
issues
and
has
access
to
pertinent
information
prior
to
the
hearing.
Those
who
commented
on
the
Content
of
Notice
section
stressed
the
importance
of
early
and
clear
discussion
of
the
issues
and
alternatives
the
public
is
asked
to
comment
upon.
Under
Conduct
of
Hearing,
many
commenters
asked
for
more
informality
and
opportunity
for
questions
and
answers
in
the
hearing.
People
also
commented
that
hearings
are
often
located
too
far
from
the
affected
area.
We
have
revised
the
Policy
to
incorporate
these
ideas.

9.
45­
Day
Notice
Prior
to
Hearings:
Although
some
commenters
felt
that
a
45­
day
notice
prior
to
the
date
of
a
hearing
was
a
needless
delay
of
time
and
would
slow
down
the
process,
others
felt
that
45
days
was
much
too
short
a
time
to
expect
individuals
or
groups
to
prepare
adequately
for
a
hearing,
and
some
said
that
a
60
or
90­
day
notice
would
be
more
appropriate
for
proper
preparation.
Approximately
30%
of
the
respondents
favored
a
30­
day
or
less
notice
period,
with
the
remaining
D­
9
EPA
Public
Participation
Policy
Review
Workgroup
70%
favoring
a
45­
day
or
longer
period.
However,
the
bulk
of
the
comments
favored
keeping
the
hearing
notice
requirement
at
45
days.
The
major
reasons
for
the
45­
day
notice
period
include:
(
1)
there
is
little
control
over
mail
deliveries,
and
often
the
interested
public
receives
information
too
late
to
prepare
effectively
for
hearings;
(
2)
many
groups
meet
once
a
month
and
need
time
to
meet
and
discuss
the
notice
to
decide
on
a
course
of
action;
(
3)
travel
time
over
long
distances
is
often
involved
to
acquire
and
review
material;
and
(
4)
the
review
material
is
often
complex
and
requires
time
for
research.

Additionally,
we
received
comments
concerning
the
discretion
given
to
Assistant
Administrators
and
Regional
Administrators
to
waive
the
45­
day
requirement
to
30
days
or
less
in
emergency
situations,
or
if
the
issues
are
not
complex
or
controversial.
Some
commenters
objected
to
the
waiver
saying
it
gives
the
Assistant
Administrators
and
Regional
Administrators
too
much
discretionary
power,
and
feared
they
may
use
the
waiver
more
often
than
necessary.
We
feel
some
flexibility
must
be
maintained
here,
and
that
the
Assistant
Administrators
and
Regional
Administrators
would
be
able
to
make
exceptions
they
feel
are
warranted.
However,
we
have
stated
that
those
objecting
to
a
waiver
may
appeal
to
the
Administrator
of
EPA.

10.
Composition
of
Advisory
Groups:
One
of
the
subjects
most
widely
discussed
in
the
proposed
Policy
has
been
the
composition
of
advisory
groups.
Almost
all
who
commented
on
this
subject
believed
EPA
was
fair
and
used
good
judgment
to
prescribe
a
balance
of
backgrounds
among
advisory
group
members;
however,
a
great
many
commenters
believed
certain
categories
sympathetic
to
their
own
viewpoints
should
be
given
added
weight,
or
others
of
contrasting
views
should
be
prohibited.

Overall,
commenters
favored
EPA's
proposal
balance
of
categories
two­
to­
one,
and
we
intend
to
retain
this
provision,
with
two
important
additions:
tribal
officials
have
been
added
as
another
category
of
public
official,
and
we
have
made
clear
that
elected
public
officials
should
not
be
from
the
decisionmaking
body
the
group
is
advising.
Several
people
wanted
"
citizens
with
economic
interests"
and
"
organizations
with
economic
interests"
as
two
separate
categories,
but
we
do
not
agree
with
this
proposal.
We
prefer
to
leave
the
citizen­
at­
large
category
unencumbered
so
appointing
officials
can
have
room
to
select
a
variety
of
individuals
with
potentially
worthwhile
contributions.

11.
Proof
of
Effort
to
Achieve
Advisory
Group
Composition:
A
number
of
those
who
commented
were
concerned
that
the
balanced
membership
of
advisory
groups
could
be
manipulated
if
there
is
not
some
degree
of
oversight
by
EPA.
They
also
pointed
out
that
the
40
CFR
Part
25
regulation
has
a
section
calling
for
demonstration
of
"
proof
of
effort,"
and
this
section
had
given
valuable
oversight
to
agencies
with
advisory
groups.
We
agree
that
federal
guidance
may
be
valuable
in
this
area
and
consequently
have
added
a
section
that
requires
advice,
assistance,
review,
and
approval
by
EPA.

12.
Use
of
Advisory
Group
Recommendations:
A
number
of
people
experienced
with
advisory
groups
reported
their
frustration
with
instances
when
the
group
felt
their
recommendations
were
being
suppressed
by
the
agencies
they
advised.
Since
a
major
purpose
of
this
Policy
is
to
improve
openness
on
the
part
of
governmental
entities,
we
have
added
a
short
section
to
the
Policy
which
makes
it
clear
that
advisory
group
recommendations
should
be
publicly
available.

13.
The
Frequency
and
Use
of
Responsiveness
Summaries:
The
great
majority
of
those
who
commented
on
the
subject
of
Responsiveness
Summaries
supported
EPA's
requirement,
and
thought
these
summaries
would
provide
an
important
addition
to
decision­
making.
A
few
people
pointed
out,
however,
that
our
emphasis
should
not
be
on
documenting
public
views
as
much
as
it
should
be
on
using
them.
We
agree
with
these
comments
and
have
added
some
language
to
reflect
this
D­
10
Engaging
the
American
People
emphasis.
Additionally,
there
was
a
certain
amount
of
misunderstanding
that
Responsiveness
Summaries
would
be
required
after
every
hearing
or
meeting.
This
is
not
our
intent,
but
rather
it
is
that
Responsiveness
Summaries
be
prepared
at
"
key
decision
points."
These
will
be
identified
in
public
participation
work
plans,
as
well
as
in
program
regulations
where
they
are
being
revised
to
incorporate
provisions
of
this
Policy.

14.
How
Much
Feedback
Should
Be
Provided
to
the
Public
on
the
Results
of
its
Participation?:
EPA's
proposal
that
feedback
be
provided
received
strong
support
from
all
sectors
of
the
public.
A
number
of
commenters
wanted
to
see
feedback
provided
within
a
time
limit,
such
as
60
days,
though
others
recognized
the
burden
that
such
acknowledgments
would
place
on
the
Agency's
staff.
Throughout
the
comments
on
this
section
was
the
desire
on
the
part
of
participants
to
know
substantively
why
their
suggestions
were
or
were
not
accepted.
EPA
does
not
have
the
staff
resources
to
be
able
to
commit
itself
to
interim
replies
of
a
substantive
nature,
especially
when
the
number
of
comments
on
may
issues
run
into
the
thousands.
We
do,
however,
recognize
a
serious
commitment
to
providing
feedback
and
thus
are
revising
the
policy
to
state
that
all
"
participants
in
a
particular
activity
(
must)
receive
feedback,"
not
just
"
have
access"
to
it
as
stated
in
our
earlier
proposal.

15.
The
Use
of
Work
Plans:
In
EPA's
initial
proposal,
public
participation
work
plans
were
contemplated
for
two
reasons:
first,
good
public
participation
needs
to
be
carefully
planned,
and
second,
the
resource
outlays
needed
for
public
participation
should
be
built
into
program
operating
budgets.
Many
members
of
the
public,
as
well
as
State
and
substate
officials
who
commented
on
the
Policy,
supported
EPA's
emphasis
upon
work
plans.
In
fact,
several
said
work
plans
should
be
discussed
earlier
in
the
Policy,
a
suggestion
we
have
taken.
Additionally,
we
have
added
some
clarifying
and
strengthening
language
on
the
content
of
work
plans
and
the
timing
of
their
preparation.
Work
plans
will
be
developed
at
both
the
program
and
project
levels,
and
EPA
will
provide
guidance
on
the
content
of
these
documents.

16.
The
Use
of
Public
Funds
to
Assist
the
Participating
Public:
To
a
large
extent
the
debate
over
financial
assistance
to
members
of
the
public
or
public
organizations
focused
on
the
use
of
such
funds
in
regulatory
or
adjudicatory
proceedings.
The
debate
was
rendered
moot
by
Congress
in
its
action
on
EPA's
1981
appropriation
which
prohibited
use
of
EPA
funds
for
that
purpose.
The
final
Policy
reflects
the
removal
of
this
controversial
aspect.
Other
types
of
public
participation
funding
(
e.
g.
travel
expenses
for
witnesses
at
public
hearings
on
hazardous
waste
disposal
siting)
proved
uncontroversial
and
occasioned
little
comment.
It
is
the
Agency's
intention
to
continue
to
fund
such
non­
regulatory,
non­
adjudicatory
participation.

17.
The
Responsibility
of
EPA
Officials
for
Implementing
the
Policy:
Many
people
who
commented
on
the
Policy
liked
the
Agency's
proposal
which
outlined
the
authority
and
responsibility
of
various
Agency
officials
for
ensuring
the
Policy's
implementation.
Several
pointed
out,
however,
that
the
language
was
confusing
and
duplicative.
Therefore,
we
have
rewritten
that
section
with
separate
duties
identified
for
Regional
Administrators,
Associate
Administrators,
the
Director
of
the
Office
of
Public
Awareness,
and
the
Administrator.
These
sections
should
clarify
the
previous
ambiguities.

18.
Ensuring
Compliance
with
the
Policy:
A
large
proportion
of
commenters
wanted
reassurance
that
this
Policy
is
more
than
a
collection
of
good
intentions,
and
that
EPA
will
stand
behind
its
provisions
and
enforce
them.
They
were
particularly
concerned
with
State
and
substate
assistance
recipients,
and
urged
EPA
to
develop
enforcement
sanctions.
While
we
hope
that
sanctions
will
not
be
necessary,
we
have
amended
the
Policy
with
a
section
on
sanctions
that
gives
greater
emphasis
to
Policy
enforcement.
D­
11
EPA
Public
Participation
Policy
Review
Workgroup
19.
Relationship
Between
Public
Participation
Policy
and
Environmental
Impact
Statement
(
EIS)
Process:
Several
people
noted
that
the
proposed
Policy
was
silent
on
how
the
Policy
fits
with
the
Agency's
EIS
procedures.
EISs
are
undertaken
primarily
for
grants
for
wastewater
treatment
plans,
new
source
National
Pollutant
Discharge
Elimination
System
(
NPDES)
permits,
and
certain
major
regulations.
Many
of
the
goals
of
this
public
participation
Policy
and
EPA's
EIS
programs
are
similar.
The
requirements
of
the
new
Policy
will
serve
to
reinforce,
and
in
some
cases,
supplement
existing
EIS
procedures.
In
revising
the
Policy,
we
have
added
a
number
of
references
to
EISs
to
emphasize
this
relationship.

20.
Overall
Evaluation
of
Effectiveness:
Several
commenters
from
Federal
or
State
government
agencies,
as
well
as
several
citizens
with
years
of
experience
as
active
participants,
drew
attention
to
the
importance
of
evaluating
the
Policy.
They
said
this
should
be
done
both
to
oversee
how
well
its
provisions
are
being
followed
and
to
identify,
where
possible,
the
results
of
improved
public
involvement
on
Agency
decisions
and
program
implementation.
EPA
is
committed
to
evaluating
this
Policy
within
three
years
from
the
date
of
publication.
This
will
be
done
under
the
direction
of
the
Administrator's
Special
Assistant
for
Public
Participation.
This
evaluation
will
include
such
matters
as
effectiveness
of
requirements,
enforceability,
resource
expenditures,
alternative
public
participation
methods,
public
reaction,
and
reporting
requirements.

Conclusion
EPA
has
made
a
number
of
additions
and
improvements
to
the
proposed
Policy
on
the
basis
of
what
it
learned
from
the
public
during
the
comment
period.
Indeed,
the
revised
Policy
itself
is
a
good
example
of
how
public
involvement
augments
the
Agency's
work.
The
overwhelming
proportion
of
statements
came
from
people
with
long
experience
in
public
policy.
All
reflected
a
similar
outlook:
they,
like
EPA,
want
to
make
the
system
work
better.
Among
many
interesting
statements,
a
few
examples
indicate
the
challenge
of
the
public's
expectations.

A
planning
board
chairman
from
a
small
New
England
town
spoke
of
the
resentment
that
the
public
has
come
to
feel
toward
the
work
of
bureaucrats.
From
his
experience
in
marshaling
talent
to
address
local
problems,
he
suggested
that
EPA
consider
recruiting
broad
based
citizen
task
forces
or
advisory
groups
to
develop
all
the
Agency's
regulations
and
other
major
policy
items.
They
should
be
given
a
deadline,
and
only
if
they
failed
to
produce,
should
EPA
step
in
and
do
the
work.
"
That
would
be
real
participation,"
he
said.

A
major
national
chemical
manufacturer
opened
its
statement
by
saying
the
Policy
is
not
needed,
since
the
company
believes
it
duplicates
existing
procedures.
The
company
continued,
however,
to
urge
substantial
reform
of
EPA
practices
in
order
to
give
the
public
a
much
earlier
opportunity
for
participation
before
the
bureaucratic
momentum
becomes
too
great
to
accept
any
changes.
They
also
advocated
genuine
responsiveness
to
the
public,
not
just
a
"
superficial
consideration
of
comments."

A
citizen
group
that
has
been
working
for
years
to
reduce
adverse
environmental
consequences
from
two
oil
refineries
cited
a
series
of
disappointing
interactions
with
EPA;
delays
in
obtaining
requested
material
for
review
prior
to
hearings;
difficulties
in
seeing
pertinent
material
even
when
they
visited
State
offices;
the
high
costs
of
reproducing
documents;
and
a
feeling
that
government
agencies
were
giving
substantial
amount
of
time
and
assistance
to
industrial
applicants,
but
were
not
even
willing
to
answer
the
questions
of
opponents,
let
alone
assist
them
more
substantially.
The
group
also
had
the
impression
that
EPA
had
its
mind
made
up
at
the
time
of
a
public
hearing,
and
the
citizens
felt
their
D­
12
Engaging
the
American
People
own
efforts
were
wasted.

Statements
such
as
these
reveal
the
frustration
that
many
members
of
the
public
have
experienced
when
trying
to
work
with
the
Agency,
and
they
also
point
to
the
motivation
and
high
hopes
that
the
public
continues
to
hold
about
participating
in
environmental
protection
issues.
Public
participation
lies
at
the
heart
of
the
Agency's
credibility
with
the
public.
It
affords
the
best
tested
recipe
for
citizens
to
influence
the
governmental
decisions
that
affect
their
lives
and
pocketbooks.
This
Policy
takes
an
important
step
in
defining
when
EPA
will
undertake
public
participation,
and
in
saying
that
when
we
do
it,
we
intend
to
do
it
right.

Members
of
the
public
who
wish
to
obtain
the
background
Compilation
of
Issues
with
their
disposition
and
List
of
Commenters
on
this
Policy
may
do
so
by
contacting:
Sharon
F.
Francis,
Special
Assistant
for
Public
Participation,
Office
of
the
Administrator
(
A­
100),
Environmental
Protection
Agency,
401
M
Street,
S.
W.,
Washington,
D.
C.
20460,
telephone
202/
245­
3066.
Dated:
January
13,
1981.

Douglas
M.
Costle,
Administrator.

Final
EPA
Policy
on
Public
Participation
This
Policy
addresses
participation
by
the
public
in
decision­
making,
rulemaking,
and
program
implementation
by
the
Environmental
Protection
Agency
(
EPA),
and
other
governmental
entities
carrying
out
EPA
programs.
The
term,
"
the
public"
as
it
is
used
here,
means
the
people
as
a
whole,
the
general
population.
There
are
a
number
of
identifiable
"
segments
of
the
public"
who
may
have
a
particular
interest
or
who
may
be
affected
one
way
or
another
by
a
given
program
or
decision.
In
addition
to
private
citizens,
"
the
public"
includes,
among
others,
representatives
or
consumer,
environmental,
and
minority
groups;
the
business
and
industrial
communities;
trade,
industrial,
agricultural,
and
labor
organizations;
public
health,
scientific,
and
professional
societies;
civic
associations;
universities,
educational,
and
governmental
associations:
and
public
officials,
both
elected
and
appointed.

"
Public
participation"
is
that
part
of
the
agency's
decision­
making
process
that
provides
opportunity
and
encouragement
for
the
public
to
express
their
views
to
the
agency,
and
assures
that
the
agency
will
give
due
consideration
to
public
concerns,
values,
and
preferences
when
decisions
are
made.

A.
Scope
The
requirements
and
procedures
contained
in
this
Policy
applies
to
the
Environmental
Protection
Agency
and
other
governmental
entities
carrying
out
EPA
programs
(
referred
to
herein
as
"
agency").
The
activities
covered
by
this
Policy
are:

EPA
rulemaking,
when
regulations
are
classified
as
significant,
(
under
terms
of
Executive
Order
12044);

The
administration
of
permit
programs
as
delineated
in
applicable
permit
program
regulations;
Program
activities
supported
by
EPA
financial
assistance
(
grants
and
cooperative
agreements)
to
State
and
substate
governments:
D­
13
EPA
Public
Participation
Policy
Review
Workgroup
­­
The
process
leading
to
a
determination
of
approval
of
State
administration
of
a
program
in
lieu
of
Federal
administration;

­­
Major
policy
decisions,
as
determined
by
the
Administrator,
appropriate
Associate
Administrator,
Regional
Administrator,
or
Deputy
Assistant
Administrator,
in
view
of
EPA's
responsibility
to
involve
the
public
in
important
decisions.

When
covered
activities
are
governed
by
EPA
regulations
or
program
guidance,
the
provisions
of
the
Policy
shall
be
included
at
appropriate
points
in
these
documents.
Before
those
changes
are
made,
the
provisions
of
the
existing
regulations
or
program
guidance
shall
govern.

B.
Purpose
The
purpose
of
this
Policy
is
to
strengthen
EPA's
commitment
to
public
participation
and
establish
uniform
procedures
for
participation
by
the
public
in
EPA's
decision­
making
process.
A
strong
policy
and
consistent
procedures
will
make
it
easier
for
the
public
to
become
involved
and
affect
the
outcome
of
the
agency's
decisions.

This
in
turn
will
assist
EPA
in
carrying
out
its
mission,
by
giving
a
better
understanding
of
the
public's
viewpoints,
concerns,
and
preferences.
It
should
also
make
the
agency's
decisions
more
acceptable
to
those
who
are
most
concerned
and
affected
by
them.

Agency
officials
will
provide
for,
encourage,
and
assist
participation
by
the
public.
Officials
should
strive
to
communicate
with
and
listen
to
all
sectors
of
the
public.
Where
appropriate,
this
will
require
them
to
give
extra
encouragement
and
assistance
to
some
sectors,
such
as
minorities,
that
may
have
fewer
opportunities
or
resources.

The
Policy
identifies
those
actions
which
are
required
and
others
that
are
discretionary,
on
the
part
of
agency
managers.
The
Policy
assumes,
however,
that
agency
employees
will
strive
to
do
more
than
the
minimum
required,
and
is
not
intended
to
create
barriers
to
more
substantial
or
more
significant
participation.
The
Policy
recognizes
the
agency's
need
to
set
priorities
for
its
use
of
resources,
and
emphasizes
participation
by
the
public
in
decisions
where
options
are
available
and
alternatives
must
be
weighed,
or
where
substantial
agreement
is
needed
from
the
public
if
a
program
is
to
be
carried
out.

Public
participation
must
begin
early
in
the
decision­
making
process
and
continue
throughout
the
process
as
necessary.
The
agency
must
set
forth
options
and
alternatives
beforehand,
and
seek
the
public's
opinion
on
them.
Merely
conferring
with
the
public
after
a
decision
is
made
does
not
achieve
this
purpose.

Agency
officials
must
avoid
advocacy
and
precommitment
to
any
particular
alterative
prior
to
decision­
making.
The
role
of
agency
officials
is
to
plan
and
conduct
public
participation
activities
that
provide
equal
opportunity
for
all
individuals
and
groups
to
be
heard.
Officials
should
actively
seek
to
facilitate
resolution
of
issues
among
disagreeing
interests
whenever
possible.

Decision
makers
are
aware
that
issues
which
are
not
resolved
to
the
satisfaction
of
the
concerned
public
may
ultimately
face
time­
consuming
review.
If
the
objectives
of
EPA's
public
participation
program
are
achieved,
delays
to
accommodate
litigation
should
be
reduced.
D­
14
Engaging
the
American
People
C.
Objectives
In
establishing
a
policy
on
public
participation,
EPA
has
the
following
objectives:

°
To
use
all
feasible
means
to
create
early
and
continuing
opportunity
for
public
participation
in
agency
decisions;

°
To
promote
the
public's
involvement
in
implementing
environmental
protection
laws;

°
To
make
sure
that
the
public
understands
official
programs
and
the
implications
of
potential
alternative
courses
of
action;

°
To
solicit
assistance
from
the
public
in
identifying
alternatives
to
be
studied,
and
in
selecting
among
alternatives
considered;

°
To
keep
the
public
informed
about
significant
issues
and
changes
in
proposed
programs
or
projects,
as
they
arise;

°
To
create
equal
and
open
access
for
the
interested
and
affected
parties
to
the
regulatory
process;

°
To
make
sure
that
the
government
understands
public
goals
and
concerns,
and
is
responsive
to
them;

°
To
demonstrate
that
the
agency
consults
with
interested
or
affected
segments
of
the
public
and
takes
public
viewpoints
into
consideration
when
decisions
are
made;

°
To
anticipate
conflicts
and
encourage
early
discussions
of
differences
among
affected
parties;

°
To
foster
a
spirit
of
mutual
trust,
confidence,
and
openness
between
public
agencies
and
the
public.

D.
General
Procedures
for
All
Programs
Each
Assistant
Administrator,
Office
Director,
or
Regional
Administrator
shall
determine
forthcoming
decisions
or
activities
to
which
this
Policy
should
be
applied,
and
take
the
steps
needed
to
assure
that
adequate
public
participation
measures
are
developed
and
implemented.

To
ensure
effective
public
participation
in
any
decision
or
activity,
the
agency
must
carry
out
five
basic
functions:
Identification,
Outreach,
Dialogue,
Assimilation,
and
Feedback.

1.
Identification.
It
is
necessary
to
identify
groups
or
members
of
the
public
who
may
be
interested
in,
or
affected
by,
a
forthcoming
action.
This
may
be
done
by
a
variety
of
means:
developing
a
contact
list
of
persons
and
organizations
who
may
have
expressed
an
interest
in,
may
by
the
nature
of
their
purposes
or
activities
be
affected
by
or
have
an
interest
in
forthcoming
activity;
requesting
from
others
in
the
agency
or
from
key
public
groups,
the
names
of
interested
and
affected
individuals
to
include;
using
questionnaires
or
surveys
to
find
out
levels
of
awareness;
or
by
other
means.
If
EPA
is
required
to
file
an
Environmental
Impact
Statement
(
EIS),
the
scoping
process
can
be
used
to
identify
interested
parties.
D­
15
EPA
Public
Participation
Policy
Review
Workgroup
The
responsible
official(
s)
shall
develop
a
contact
list
for
each
program
or
project,
and
add
to
the
list
whenever
members
of
the
public
request
it.
The
list
should
be
updated
frequently,
and
it
will
be
most
useful
if
subdivided
by
category
of
interest
or
geographic
area.

The
contact
list
shall
be
used
to
send
announcements
of
participation
opportunities,
notices
of
meetings,
hearings,
field
trips
and
other
events,
notices
of
available
reports
and
documents,
and
for
identifying
members
of
the
public
who
may
be
considered
for
advisory
group
membership
and
other
activities.

2.
Outreach.
The
public
can
contribute
effectively
to
agency
programs
only
if
it
is
provided
with
accurate,
understandable,
pertinent
and
timely
information
on
issues
and
decisions.
The
agency
shall
make
sure
that
adequate,
timely
information
concerning
forthcoming
action
or
decision
reaches
the
public.
The
agency
shall
provide
policy,
program,
and
technical
information
at
the
earliest
practical
times,
and
at
places
easily
accessible
to
interested
and
affected
persons
and
organizations,
so
they
can
make
informed
and
constructive
contributions
to
decision­
making.
Information
and
educational
programs
shall
be
developed
so
that
all
levels
of
government
and
the
public
have
an
opportunity
to
become
familiar
with
the
issues
and
the
technical
data
from
which
they
emerge.
Informational
materials
shall
highlight
significant
issues
that
will
be
the
subject
of
decisionmaking
Special
efforts
shall
be
made
to
summarize
complex
technical
materials
for
the
public.

a.
Methods.
The
objective
of
the
agency's
public
outreach
program
is
to
insure
that
the
public
understands
the
significance
of
the
technical
data
so
that
rational
public
choices
can
be
made.
Outreach
programs
require
the
use
of
appropriate
communication
tools,
and
should
be
tailored
to
start
at
the
public's
level
of
familiarity
with
the
subject.

The
following,
among
other
approaches,
may
be
used
for
this
purpose:

(
1)
publications,
fact
sheets,
technical
summaries,
bibliographies;

(
2)
questionnaires,
surveys,
interviews;

(
3)
public
service
announcements,
and
news
releases;

(
4)
educational
activities
carried
out
by
public
organizations.

b.
Content.
Outreach
materials
must
include
background
information
(
e.
g.
statutory
basis,
rationale,
or
the
triggering
event
of
the
action);
a
timetable
of
proposed
actions;
summaries
of
lengthy
documents
or
technical
material
where
relevant;
a
delineation
of
issues;
alternative
courses
of
action
or
tentative
determination
which
the
agency
may
have
made;
whether
an
EIS
is,
or
will
be,
available;
specific
encouragement
to
stimulate
active
participation
by
the
public;
and
the
name
of
an
individual
to
contact
for
further
information.

Whenever
possible,
the
social,
economic,
and
environmental
consequences
of
proposed
decision
and
alternative
should
be
clearly
stated
in
outreach
material.
Technical
evidence
and
research
methodology
should
be
explained.
Summaries
of
technical
documents
should
be
footnoted
to
refer
to
the
original
data.
Fact
sheets,
news
releases,
summaries,
and
similar
publications
may
be
used
to
provide
notice
of
availability
of
materials
and
to
facilitate
public
understanding
of
more
complex
documents,
but
should
not
be
a
substitute
for
public
access
to
the
complete
documents.
D­
16
Engaging
the
American
People
c.
Notification.
The
agency
must
notify
all
parties
on
the
contact
list
and
the
media
of
opportunities
to
participate
and
provide
appropriate
information,
as
described
in
the
first
paragraph
of
Section
2.
b.
above.
Printed
legal
notices
are
often
required
by
program
regulations,
but
do
not
substitute
for
the
broader
notice
of
the
media
and
contact
list
required
by
this
section.

d.
Timing.
Notification
(
above)
must
take
place
well
enough
in
advance
of
the
agency's
action
to
permit
the
public
to
respond.
Generally,
it
should
take
place
not
less
than
30
days
before
the
proposed
action,
or
45
days
in
the
case
of
public
hearings
(
exceptions
in
the
case
of
public
hearings
are
discussed
under
Dialogue,
below).

Where
complex
issues
or
lengthy
documents
are
presented
for
public
comment,
the
comment
period
should
allow
enough
time
for
interested
parties
to
conduct
their
review.
This
period
generally
should
be
no
less
than
60
days.
Where
participation
opportunities
are
to
be
provided
in
programs
of
State,
substate,
and
local
governments
supported
by
EPA
financial
assistance,
notice
shall
be
given
by
the
recipient
to
the
public
within
45
days
after
award
acceptance.

e.
Fees
for
Copying.
Whenever
possible,
the
agency
should
provide
copies
of
relevant
documents,
free
of
charge.
Free
copies
may
be
reserved
for
private
citizens
and
public
interest
organizations
with
limited
funds.
Any
charges
must
be
consistent
with
requirements
under
the
Freedom
of
Information
Act
as
set
forth
in
40
CFR
Part
2.

f.
Depositories.
The
agency
shall
provide
one
or
more
central
collections
of
documents,
reports,
studies,
plans,
etc.
relating
to
controversial
issues
or
significant
decisions
in
a
location
or
locations
convenient
to
the
public.
Depository
arrangements
should
be
made
when
possible
with
public
libraries
and
university
libraries.
Consideration
must
be
given
to
accessibility,
travel
time,
parking,
transit,
and
to
availability
during
off­
work
hours.
Copying
facilities,
at
reasonable
charges,
should
be
available
at
depositories.

3.
Dialogue.
There
must
be
dialogue
between
officials
responsible
for
the
forthcoming
action
or
decision
and
the
interested
and
affected
members
of
the
public.
This
involves
exchange
of
views
and
open
exploration
of
issues,
alternatives,
and
consequences.

Public
consultation
must
be
preceded
by
timely
distribution
of
information
and
must
occur
sufficiently
in
advance
of
decision­
making
to
make
sure
that
the
public's
options
are
not
foreclosed,
and
to
permit
response
to
public
views
prior
to
agency
action.
Opportunities
for
dialogue
shall
be
provided
at
times
and
places
which,
to
the
maximum
extent
feasible,
facilitate
attendance
or
participation
by
the
public.
Whenever
possible,
public
meetings
should
be
held
during
non­
work
hours,
such
as
evenings
or
weekends,
and
at
locations
accessible
to
public
transportation.

Dialogue
may
take
a
variety
of
forms,
depending
upon
the
issues
to
be
addressed
and
the
public
whose
involvement
is
sought.
Public
hearings
are
the
most
familiar
forum
for
dialogue
and
often
are
legally
required,
but
their
use
should
not
serve
as
the
only
forum
for
citizen
input.
When
used,
hearings
should
be
at
the
end
of
a
process
that
has
given
the
public
earlier
opportunity
for
becoming
informed
and
involved.
Often
other
techniques
may
serve
a
broader
purpose:

°
Review
groups
or
ad
hoc
committees
may
confer
on
the
development
of
a
policy
or
written
materials;

°
Workshops
may
be
used
to
discuss
the
consequences
of
various
alternatives,
or
to
negotiate
differences
among
diverse
parties;
D­
17
EPA
Public
Participation
Policy
Review
Workgroup
°
Conferences
provide
an
important
way
to
develop
consensus
for
changing
a
program
or
the
momentum
to
undertake
new
directions;

°
Task
forces
can
give
concentrated
and
experienced
attention
to
an
issue;

°
Personal
conversations
and
personal
correspondence
gives
the
individualized
attention
that
some
issues
require;

°
Meetings
offer
a
good
opportunity
for
diverse
individuals
and
groups
to
express
their
questions
or
preferences;

°
A
series
of
meetings
may
be
the
best
way
to
address
a
long
and
complex
agenda
of
topics;

°
Toll­
free
lines
can
aid
dialogue,
especially
when
many
questions
can
be
anticipated
or
time
is
short;

°
A
hearing
panel
compiled
of
persons
from
representative
public
groups
may
be
used
in
nonadjudicatory
hearings
to
listen
to
presentations
and
review
the
hearing
summary.

This
list
is
not
exhaustive,
but
it
indicates
the
importance
for
program
managers
in
being
flexible
and
choosing
the
right
techniques
for
the
right
occasions.

a.
Requirements
for
public
hearings.

(
1)
Timing
of
Notice.
Notices
must
be
well
publicized
and
mailed
to
all
interested
and
affected
parties
on
the
contact
list
(
see
1.
above)
and
to
the
media
at
least
45
days
prior
to
the
date
of
the
hearing.
However,
when
the
Assistant
Administrator
or
Regional
Administrator
find
that
no
review
of
substantial
documents
is
necessary
for
effective
participation
and
there
are
no
complex
or
controversial
matters
to
be
addressed,
the
notice
requirement
may
be
reduced
to
no
less
than
30
days
in
advance
of
the
hearing.
Additionally,
in
permit
programs,
notice
requirements
will
be
governed
by
permit
regulations
and
will
be
no
less
than
30
days.
Notice
for
EISs
are
covered
by
EIS
regulation
which
calls
for
a
45­
day
review
period,
with
an
optional
15­
day
extension.
Notice
of
the
EIS
hearing
is
generally
contained
in
the
Draft
EIS.
Hearings
on
EISs
are
usually
held
before
the
end
of
the
EIS
review
period,
but
no
earlier
than
30
days
after
the
EIS
notice.
Assistant
Administrators
or
Regional
Administrators
may
further
reduce
or
waive
the
requirements
for
advance
notice
of
a
hearing
in
emergency
situations
where
there
is
imminent
danger
to
public
health
and
safety
or
in
situations
where
there
is
a
legally
mandated
timetable.
Assistant
Administrators
may
also
reduce
this
requirement
if
they
determine
that
all
affected
parties
would
benefit
from
a
shorter
time
period.

Members
of
the
public
who
object
to
a
waiver
may
appeal
to
the
Administrator,
stating
their
reasons
in
detail.

(
2)
Content
of
Notice.
The
notice
must
identify
the
matters
to
be
discussed
at
the
hearing
and
must
include
or
be
accompanied
by:
(
a)
a
discussion
of
alternatives
the
public
is
being
asked
to
comment
upon
and
the
agency's
tentative
conclusions
on
major
issues
(
if
any):
(
b)
information
on
the
availability
of
an
EIS
and
bibliography
of
other
relevant
materials
(
if
appropriate),
(
c)
procedures
and
contact
for
obtaining
further
information;
and
(
d)
information
which
the
agency
particularly
solicits
from
the
public.
D­
18
Engaging
the
American
People
(
3)
Provision
of
Information.
All
reports,
EISs
and
other
documents
and
data
relevant
to
the
discussions
at
the
public
hearings
must
be
available
to
the
public
on
request
after
the
notice,
as
soon
as
they
become
available
to
agency
staff.
Background
information
should
be
provided
no
later
than
30
days
prior
to
the
hearing.

(
4)
Conduct
of
Hearing.
The
agency
conducting
the
hearing
must
inform
the
audience
of
the
issues
involved
in
the
decision
to
be
made,
the
considerations
the
agency
will
take
into
account
under
law
and
regulations,
the
agency's
tentative
conclusions
(
if
any),
and
the
information
which
the
agency
particularly
solicits
from
the
public.
Whenever
possible,
the
hearing
room
should
be
set
up
informally.
The
agency
should
allocate
time
for
presentations,
questions
and
answers,
as
well
as
formal
commentary
on
the
record.
When
needed,
a
prehearing
meeting
to
discuss
the
issues
should
be
held.
Procedures
must
not
inhibit
free
expression
of
views.
When
the
subject
of
a
hearing
addresses
conditions
in
a
specific
geographic
area,
the
hearing
itself
should
be
held
in
that
general
area.

(
5)
Record
of
Hearing.
The
hearing
record
must
be
left
open
for
at
least
ten
days
to
receive
additional
comment,
including
any
from
those
unable
to
attend
in
person,
and
may
be
kept
open
longer,
at
the
discretion
of
the
hearing
officer.
The
agency
must
prepare
a
transcript
or
record
of
the
hearing
itself
and
add
additional
comments
to
the
complete
record
of
the
proceeding.
This
must
be
available
for
public
inspection
and
copying
at
cost
at
convenient
locations.
Alternatively,
copies
shall
be
provided
free.
If
tapes
are
used,
they
should
be
available
for
use
and
copying
on
conventional
equipment.
When
a
Responsiveness
Summary
(
see
Assimilation
below)
is
prepared
after
a
hearing,
it
must
be
provided
to
those
who
testified
at
or
attended
the
hearing,
as
well
as
anyone
who
requests
it.

b.
Requirements
for
advisory
groups.
Formation
of
an
advisory
group
is
one
of
the
methods
that
can
be
chosen
to
gain
sustained
advice
from
a
representative
group
of
citizens.

The
primary
function
of
an
advisory
group
is
to
assist
elected
or
appointed
officials
by
making
recommendations
to
them
on
issues
which
the
decision
making
body
and
the
advisory
group
consider
relevant.
These
issues
may
include
policy
development,
project
alternatives,
financial
assistance
applications,
work
plans,
major
contracts,
interagency
agreements,
budget
submissions,
among
others.

Advisory
groups
can
provide
a
forum
for
addressing
issues,
promote
constructive
dialogue
among
the
various
interests
represented
on
the
group,
and
enhance
community
understanding
of
the
agency's
action.

(
1)
Requirements
for
Federal
EPA
Advisory
Committees:
When
EPA
establishes
an
advisory
group,
provisions
of
the
Federal
Advisory
Committee
Act
(
Pub.
L.
92­
463)
and
General
Service
Administration
(
GSA)
Regulations
on
Federal
Advisory
Committee
Management
must
be
followed.

(
2)
Requirements
for
State
and
Substate
and
Local
Advisory
Committees:
(
Explanatory
Note:
The
following
guidelines
do
not
apply
to
advisory
committees,
as
defined
by
the
Federal
Advisory
Committee
Act,
which
are
established
or
utilized
by
EPA.)
In
instances
where
regulations,
program
guidance,
or
the
public
participation
work
plans
of
State,
substate,
or
local
agencies
call
for
advisory
groups,
the
following
special
requirements
will
apply:

(
a)
Composition
of
Advisory
Groups.
Agencies
must
try
to
constitute
advisory
groups
so
that
D­
19
EPA
Public
Participation
Policy
Review
Workgroup
the
membership
includes
the
major
affected
parties,
reflects
a
balance
of
interests,
and
consists
of
substantially
equivalent
proportions
of
the
following
groups:

°
Private
citizens.
This
portion
of
the
advisory
group
would
not
include
anyone
who
is
likely
to
incur
a
financial
gain
or
loss
greater
than
that
of
an
average
homeowner,
taxpayer,
or
consumer
as
a
result
of
any
action
that
is
likely
to
be
taken
by
the
managing
agency;

°
Individual
citizens
or
representatives
of
organizations
that
have
substantial
economic
interests
in
the
plan
or
project;

°
Federal,
State,
local,
and
tribal
officials.
These
may
be
both
elected
and
policy­
level
appointed
officials,
so
long
as
the
elected
officials
do
not
come
from
the
decision­
making
body
the
group
is
advising;

°
Representatives
of
public
interest
groups.
A
"
public
interest
group"
is
an
organization
which
has
a
general
civic,
social,
recreational,
environmental,
or
public
health
perspective
in
the
area,
and
which
does
not
directly
reflect
the
economic
interests
of
its
membership.

Generally,
where
an
activity
has
a
particular
geographic
focus,
the
advisory
group
should
be
composed
of
persons
from
that
geographic
area,
unless
issues
involved
are
of
wider
application.

Where
problems
in
meeting
the
membership
composition
arise,
the
agency
should
request
advice
and
assistance
from
EPA
or
the
State
in
the
case
of
a
delegated
program.
EPA
shall
review
the
agency's
efforts
to
comply,
and
approve
the
advisory
group
composition,
or,
if
the
agency's
efforts
were
inadequate,
require
additional
actions.

(
b)
Resources
for
Advisory
Groups.
To
the
extent
possible,
agencies
shall
identify
professional
and
clerical
staff
time
which
the
advisory
group
may
depend
upon
for
assistance,
and
provide
the
advisory
group
with
an
operating
budget
which
may
be
used
for
mailing,
duplicating,
technical
assistance,
and
other
purposes
the
advisory
group
and
the
agency
have
agreed
upon.
The
agency
should
establish
a
system
for
reimbursing
advisory
group
members
for
reasonable
out­
of­
pocket
expenses
that
relate
to
their
participation
on
the
advisory
group.

(
3)
Advisory
Group
Recommendations:
Recommendations,
including
minority
reports
and
the
minutes
of
all
meetings
of
an
advisory
group,
are
matters
of
public
information.
As
soon
as
these
become
available
to
agency
staff,
the
agency
must
provide
them
to
the
public
on
request
and
distribute
them
to
relevant
public
agencies.
Advisory
groups
may
communicate
with
EPA
or
the
public
as
needed,
or
request
EPA
to
perform
an
evaluation
of
the
assisted
agency's
compliance
with
the
requirements
of
this
part.

4.
Assimilation.
The
heart
of
public
participation
lies
in
the
degree
to
which
it
informs
and
influences
final
agency
decisions.
Assimilating
public
viewpoints
and
preferences
into
final
conclusions
involves
examining
and
analyzing
public
comments,
considering
how
to
incorporate
them
into
final
program
decisions,
and
making
or
modifying
decisions
according
to
carefully
considered
public
views.
The
agency
must
then
demonstrate,
in
its
decisions
and
actions,
that
it
has
understood
and
fully
considered
public
concerns.
Assimilation
of
public
views
must
include
the
following
three
elements:

a.
Documentation.
The
agency
must
briefly
and
clearly
document
consideration
of
the
public's
views
in
Responsiveness
Summaries,
regulatory
preambles,
EISs
or
other
appropriate
forms.
D­
20
Engaging
the
American
People
This
should
be
done
at
key
decision
points
specified
in
program
guidance
or
in
work
for
public
participation.

b.
Content.
Each
Responsiveness
Summary
(
or
similar
document)
must:

 
explain
briefly
the
type
of
public
participation
activity
that
was
conducted;

 
i
dentify
or
summarize
those
who
participated
and
their
affiliation;

 
describe
the
matters
on
which
the
public
was
consulted;

 
summarize
the
public's
views,
important
comments,
criticisms
and
suggestions;

 
disclose
the
agency's
logic
in
developing
decisions;
and
 
set
forth
the
agency's
specific
responses,
in
terms
of
modifying
the
proposed
action,
or
explaining
why
the
agency
rejected
proposals
made
by
the
public.

c.
Use.
The
agency
must
use
Responsiveness
Summaries
in
its
decision­
making.
In
addition,
final
Responsiveness
Summaries
that
are
prepared
by
an
agency
receiving
financial
assistance
from
EPA
must
also
include
that
agency's
(
and
where
applicable,
its
advisory
group's)
evaluation
of
its
public
participation
program.

5.
Feedback.
The
agency
must
provide
feedback
to
participants
and
interested
parties
concerning
the
outcome
of
the
public's
involvement.
Feedback
may
be
in
the
form
of
personal
letters
or
phone
calls,
if
the
number
of
participants
is
small.
Alternatively,
the
agency
may
mail
a
Responsiveness
Summary
to
those
on
the
contact
list,
or
may
publish
it.

a.
Content.
The
feedback
that
the
agency
gives
must
include
a
statement
of
the
action
that
was
taken,
and
must
indicate
the
effect
the
public's
comments
had
on
that
action.

b.
Availability.
Agency
officials
must
take
the
initiative
in
giving
appropriate
feedback,
and
must
assure
that
all
public
participants
in
a
particular
activity
are
provided
that
feedback.
As
Responsiveness
Summaries
are
prepared,
their
availability
should
be
announced
to
the
public.
When
regulations
are
developed,
reprints
of
Preambles
and
final
regulations
must
be
provided
to
all
who
commented.

E.
Work
Plans
A
work
plan
is
a
written
document
used
for
planning
a
public
participation
program.
It
may
be
an
element
of
regulatory
development
plans
or
program
plans.
Each
work
plan
should
include
the
following
elements:
objectives,
schedules,
techniques,
audiences
and
resources
requirements.
Work
plans
should
be
completed
on
both
a
program
and
project
level
or
for
each
activity
identified
under
Scope
of
the
Policy.

Public
participation
work
plans,
undertaken
by
EPA
or
by
applicants
for
EPA
financial
assistance,
shall
set
forth,
at
a
minimum:
D­
21
EPA
Public
Participation
Policy
Review
Workgroup
1.
Key
decisions
subject
to
public
participation;

2.
Staff
contacts
and
budget
resources
to
be
allocated
to
public
participation;

3.
Segments
of
the
public
targeted
for
involvement;

4.
Proposed
schedule
for
public
participation
activities
to
impact
program
decisions;

5.
Mechanism
to
apply
the
five
basic
functions
­
Identification,
Outreach,
Dialogue,
Assimilation,
and
Feedback
­
outlined
in
Section
D
of
this
Policy.

Reasonable
costs
of
public
participation
incurred
by
assisted
agencies,
including
advisory
group
expenses,
and
identified
in
an
approved
public
participation
work
plan,
will
be
eligible
for
financial
assistance,
subject
to
statutory
or
regulatory
limitations.
Assistant
Administrators
and
Regional
Administrators
will
ensure
that
program
work
plans
are
developed
in
a
timely
manner
for
use
in
the
annual
budget
planning
process.
Work
plans
will
be
reviewed
by
the
Special
Assistant
for
Public
Participation,
who
will
work
with
program
and
regional
managers
to
ensure
that
work
plans
adequately
carry
out
this
Policy.
Work
plans
may
be
used
as
public
information
documents.

F.
Assistance
to
the
Public
EPA
recognizes
that
responsible
participation
by
the
various
elements
of
the
public
in
some
of
the
highly
technical
and
complex
issues
addressed
by
the
agency
requires
substantial
commitments
of
time,
study,
research
analysis,
and
discussion.
While
the
Agency
needs
the
perspectives
and
ideas
that
citizens
bring,
it
cannot
always
expect
the
public
to
contribute
its
efforts
on
a
voluntary
basis.

Assistant
Administrators,
office
Directors,
and
Regional
Administrators
can
provide
funds
to
outside
organizations
and
individuals
for
public
participation
activities
which
they,
as
EPA
managers,
deem
appropriate
and
essential
for
achieving
program
goals,
and
which
clearly
do
not
involve
rulemaking
or
adjudicative
activities.

Participation
Funding
Criteria­
Any
financial
assistance
awarded
by
the
Agency
for
non­
regulatory
or
non­
adjudicatory
participation
should
be
based
on
the
following
criteria:

(
1)
whether
the
activity
proposed
will
further
the
objectives
of
this
Policy:

(
2)
whether
the
activity
proposed
will
result
in
the
participation
of
interests
not
adequately
represented;

(
3)
whether
the
applicant
does
not
otherwise
have
adequate
resources
to
participate;
and
(
4)
whether
the
applicant
is
qualified
to
accomplish
the
work.

These
are
the
primary
tests
for
public
participation
financial
assistance.
From
among
those
who
meet
these
tests,
the
Agency
will
make
special
efforts
to
provide
assistance
to
groups
who
may
have
had
fewer
opportunities
or
insufficient
resources
to
participate.
D­
22
Engaging
the
American
People
G.
Authority
and
Responsibility
Public
participation
has
an
integral
part
in
the
accomplishment
of
any
program.
It
should
routinely
be
included
in
decision­
making
and
not
be
treated
as
an
independent
function.
Managers
shall
assure
that
personnel
are
properly
trained,
and
that
funding
needs
are
incorporated
in
their
specific
budgets.

Responsibility
and
accountability
for
the
adequacy
of
public
participation
programs
belong
primarily
to
the
Regional
Administrators
and
the
Assistant
Administrators,
under
the
overall
direction
of
the
Administrator.

1.
The
Administrator
maintains
overall
direction
and
responsibility
for
the
Agency's
public
participation
activities.
Specifically,
the
Administrator,
aided
by
the
Special
Assistant
for
Public
Participation,
will:

(
a)
establish
policy
direction
and
guidance
for
all
EPA
public
participation
programs;

(
b)
review
public
participation
program
work
plans,
including
resource
allocation;

(
c)
coordinate
public
participation
funding
to
outside
groups
to
ensure
the
most
economical
expenditures;

(
d)
provide
technical
advice
and
assistance
as
appropriate;

(
e)
develop
guidance
and
training
needed
to
ensure
that
program
personnel
are
equipped
to
implement
the
Policy;

(
f)
provide
incentives
to
agency
personnel
to
ensure
commitment
and
competence;
and
(
g)
evaluate
at
least
annually
the
adequacy
of
public
participation
activities
conducted
under
this
Policy,
and
the
appropriateness
and
results
of
public
participation
expenditures.

2.
Assistant
Administrators
have
the
following
responsibilities:

(
a)
identify
and
address
those
activities
where
application
of
this
Policy
is
required;

(
b)
identify
and
address
those
forthcoming
major
policy
decisions
where
the
Policy
should
be
applied;

(
c)
ensure
that
program
work
plans
are
developed
annually
to
provide
for
adequate
public
participation
in
the
above
decisions
and
activities;

(
d)
implement
approved
work
plans
for
public
information
and
public
participation
activities;

(
e)
ensure
that,
as
regulations
for
the
programs
cited
in
the
Appendix
of
the
Policy
are
amended,
they
incorporate
the
Policy's
provisions;

(
f)
evaluate
the
appropriateness
of
public
participation
expenditures
and
activities
under
their
jurisdiction,
revising
and
improving
them
as
necessary;

(
g)
encourage
coordination
of
public
participation
activities;
D­
23
EPA
Public
Participation
Policy
Review
Workgroup
(
h)
provide
guidance
and
assistance
to
support
regional
office
activities;

(
i)
seek
public
participation
in
decisions
to
modify
or
develop
major
national
policies,
at
their
discretion;

(
j)
consider
funding
authorized
pilot
and/
or
innovative
demonstration
projects;

(
k)
consider
measures
to
ensure
Policy
implementation
in
appropriate
managers'
performance
standards;

(
l)
provide
financial
assistance,
as
appropriate
and
available,
for
authorized
public
participation
activities
at
the
national
level.

3.
Regional
Administrators
have
the
following
responsibilities:

(
a)
identify
and
address
those
EPA
and
EPA­
assisted
activities
where
application
of
this
Policy
is
required;

(
b)
identify
and
address
those
forthcoming
EPA
and
EPA­
assisted
major
policy
decisions
where
the
Policy
should
be
applied;

(
c)
ensure
that
work
plans
are
developed
annually
by
the
programs
and
recipients
to
provide
for
adequate
public
participation
in
the
above
decisions
and
activities;

(
d)
implement
approved
work
plans
for
public
information
and
public
participation
activities;

(
e)
ensure
that
public
participation
is
included
by
applicants
in
the
development
of
program
funding
applications
to
EPA,
and
in
other
decisions
as
identified
by
this
Policy;

(
f)
provide
guidance
and
technical
assistance
to
recipients
on
the
conduct
of
public
participation
activities;

(
g)
evaluate
annually
public
participation
activities
of
State,
substate,
or
local
entities,
revising
and
improving
them
as
necessary;

(
h)
encourage
coordination
of
public
participation
activities;

(
i)
support
and
assist
the
public
participation
activities
of
Headquarters;

(
j)
ensure
that
Regional
staff
are
trained,
and
resources
allocated
for
public
participation
program;

(
k)
incorporate
measures
to
ensure
Policy
implementation
in
managers'
performance
standards;

(
l)
provide
small
grants
to
representative
public
groups
for
needed
public
participation
work;

(
m)
evaluate
the
appropriateness
of
public
participation
expenditures
and
activities,
revising
and
improving
them
as
necessary.
D­
24
Engaging
the
American
People
4.
The
Director,
Office
of
Public
Awareness
has
an
important
role
in
the
development
and
support
of
Agency
public
participation
activities.
The
Director
will:

(
a)
assist
Headquarters
and
regional
programs
in
identifying
interested
and
affected
members
of
the
public
in
compiling
project
contacts
lists;

(
b)
support
Headquarters
and
regional
program
in
development
and
distribution
of
outreach
materials
to
inform
and
educate
the
public
about
environmental
programs
and
issues,
and
participation
opportunities;

(
c)
develop
annual
public
awareness/
participation
support
plans
to
complement
public
participation
work
plans
and
identify
resources
requirements.

H.
Compliance
Assistant
Administrators,
Office
Directors,
and
Regional
Administrators
are
responsible
for
making
certain
that,
for
the
activities
under
their
jurisdiction,
all
those
concerned
comply
with
the
public
participation
requirements
set
forth
in
this
Policy.

Regional
Administrators
will
evaluate
compliance
with
public
participation
requirements
in
appropriate
State
and
substate
programs
supported
by
EPA
financial
assistance.
This
will
be
done
during
the
annual
review
of
the
States'
program(
s)
which
is
required
by
grant
provisions,
and
during
any
other
program
audit
or
review.

If
the
Regional
Administrator
is
not
satisfied
that
this
Policy
is
being
carried
out,
he
or
she
should
defer
the
grant
award
until
these
conditions
can
be
met
where
that
course
is
legally
permissible.
A
Regional
Administrator
may
grant
a
waiver
from
specific
requirements
in
this
Policy
upon
a
showing
by
the
agency
that
proposed
action
will
result
in
substantially
greater
public
participation
than
would
be
provided
by
the
Policy.

The
Administrator
of
EPA
has
final
authority
and
responsibility
for
ensuring
compliance.
Citizens
with
information
concerning
apparent
failures
to
comply
with
these
public
participation
requirements
should
first
notify
the
appropriate
Regional
Administrator
or
Assistant
Administrator,
and
then
if
necessary,
the
Administrator.
The
Regional
Administrator,
Assistant
Administrator,
or
Administrator
will
make
certain
that
instances
of
alleged
noncompliance
are
promptly
investigated
and
that
corrective
action
is
taken
where
necessary.

Appendix
 
List
of
Citations
Covering
Program
Grants,
Delegations,
or
Permits
to
States
and
Substate
Governments
The
Public
Participation
Policy
will
be
incorporated
in
program
regulations
that
cover
financial
assistance
or
delegations
of
authority
to
State
or
substate
governments
or
approval
of
State
programs.
Where
consolidated
awards
exist
under
these
provisions,
they
also
will
be
covered.
Programs
under
the
Clean
Water
Act,
Safe
Drinking
Water
Act,
and
the
Resource
Conservation
Recovery
Act
are
already
covered
by
this
Policy
insofar
as
they
have
been
amended,
or
will
be
amended,
to
incorporate
40
CFR,
Part,
25.
Consolidated
permit
programs
are
covered
by
40
CFR
Parts
122,
123,
and
124.
Regulations
that
refer
to
existing
programs
now
covered
by
the
Policy
will
have
to
be
amended
to
incorporate
its
provisions.
Where
programs
regulations
are
not
yet
written,
the
Policy
shall
be
incorporated.
D­
25
EPA
Public
Participation
Policy
Review
Workgroup
Clean
Air
Act
(
Pub.
I
95­
95)

Air
Pollution
Control
Program
Grants
Sec.
105­
Grants
to
State
and
local
air
pollution
control
agencies
for
support
of
air
pollution
planning
and
control
programs.
(
Catalogue
of
Federal
Domestic
Assistance
No.
66001.)

Sec.
106­
Grants
to
interstate
air
quality
agencies
and
commissions
to
develop
implementation
plans
for
interstate
air
quality
agencies
and
commissions
to
develop
implementation
plans
for
interstate
air
quality
control
regions.
[
When
funded].

Urban
Mass
Transportation
Technical
Studies
Grants
(
DOT)

Sec.
175­
Grants
to
organizations
of
local
elected
officials
with
transportation
or
air
quality
maintenance
responsibilities
for
air
quality
maintenance
planning.
(
CFDA
No.
20.505)

Sec.
210­
Grants
to
State
agencies
for
developing
and
maintaining
effective
vehicle
emission
devices
and
systems
inspection
and
emission
testing
and
control
programs.
[
When
funded].

Quiet
Communities
Act
(
Pub.
L.
95­
609)

Quiet
Communities
 
State
and
Local
Capacity
Building
Assistance
Sec.
14(
c)­
Grants
to
State
and
substate
governments
and
regional
planning
agencies
for
planning,
developing,
evaluating,
and
demonstrating
techniques
for
quiet
communities.
(
CFDA
No.
66.031.)

Toxic
Substances
Control
Act
(
Pub.
L.
94­
469)

State
Toxic
Substance
Control
Projects
Sec.
28­
Grants
to
State
for
establishing
and
operating
programs
to
complete
EPA
efforts
in
preventing
or
eliminating
risks
to
health
or
environment
from
chemicals.
(
CFDA
No.
66.800.)

Federal
Insecticide,
Fungicide
and
Rodenticide
Act
(
Publ.
L.
95­
398)
Pesticides
Enforcement
Program
Grant
Sec.
23(
a)­
Funding
to
States/
Indian
tribes
through
cooperative
agreements
for
enforcement
and
applicator
training
and
certification.
(
CFDA
No.
66­
700.)

Resource
Conservation
and
Recovery
Act
(
Pub.
L.
94­
580)

Sec.
3005(
a)­
Issuance
of
permits
for
treatment,
storage
and
disposal
of
hazardous
waste.

Sec.
3006­
Delegation
of
authority
to
administer
and
enforce
hazardous
waste
program.

Sec.
4002­
State
Planning
Guidelines.
Solid
and
Hazardous
Waste
Management
Program
Support
Grants
Sec.
4007­
Approval
for
State,
local,
and
regional
authorities
to
implement
State
or
Regional
Solid
Waste
Plans
and
be
eligible
for
Federal
assistance.
(
CFDA
No.
66.451)
D­
26
Engaging
the
American
People
Sec
4008­
Grants
to
State
and
substate
agencies
for
solid
waste
management,
resource
recovery
and
conservation,
and
hazardous
waste
management.
(
CFDA
No.
66.451.)

Sec.
4009­
Grants
to
States
for
rural
areas
solid
waste
management
facilities.
(
CFDA
No.
66.451.)

Solid
Waste
Management
Demonstration
Grants
Sec.
8006­
Grants
to
State,
municipal,
interstate
or
intermunicipal
agency
for
resource
recovery
systems
or
improved
solid
waste
disposal
facilities.
(
CFDA
No.
66.452.)

Solid
Waste
Management
Training
Grants
Section
7007­
Grants
or
contracts
for
States,
interstate
agency,
municipality
and
other
organizations
for
training
personnel
in
occupations
related
to
solid
waste
management
and
resource
recovery.
(
CFDA
No
66.453.)

Safe
Drinking
Water
Act
(
Pub.
L.
95­
190)

Sec.
1421(
b)­
Issuance
of
permits
for
underground
injection
control
programs.

State
Public
Water
System
Supervision
Program
Grants
Sec.
1443(
a)­
Grants
to
States
for
public
water
system
supervision.
(
CFDA
66.432.)

State
Underground
Water
Source
Protection
 
Program
Grants
Sec.
1443(
b)­
Grants
to
States
for
underground
water
source
protection
programs.
(
CFDA66.433.)

Clean
Water
Act
(
Pub.
L.
95­
217)

Construction
Grants
for
Wastewater
Treatment
Works
Sec.
201­
Grants
to
State,
municipality,
or
intermunicipal
agencies
for
construction
of
wastewater
treatment
works.
(
CFDA
66.418.)

Water
Pollution
Control­
State
and
Interstate
Program
Grants
Sec.
106­
Grants
to
State
and
Interstate
agencies
for
water
pollution
control
administration.
(
CFDA
66.419.)

Water
Pollution
Control­
State
and
Area­
wide
Water
Quality
Management
Planning
Agency
Sec.
205(
g)­
Delegation
of
management
of
construction
grants
programs
to
State
designated
agency(
ies).
(
CFDA
66.438.)

Sec.
208­
Grants
for
State
and
area­
wide
waste
treatment
management
planning.
(
CFDA
66.426.)

Water
Pollution
Control­
Lake
Restoration
Demonstration
Grants
D­
27
EPA
Public
Participation
Policy
Review
Workgroup
Sec.
314­
Clean
Lakes
Program.

Sec.
402(
a)­
Issuance
of
permits
under
National
Pollutant
Discharge
Elimination
System.

Sec.
404­
Issuance
of
permits
for
disposal
of
dredge
and
fill
materials.

Pub.
L.
94­
580,
Sections
3005
&
3006;

Pub.
L.
95­
190,
Sections
1421­
1423;

Pub.
L.
95­
217,
Section
402;

Pub.
L.
95­
217,
Section
404;

Pub.
L.
95­
95,
Section
165;

Proposed
consolidated
permit
regulations,
covering;
Hazardous
Waste
Program
under
RCRA;
UIC
Program
under
SDWA.
NPDES
and
Section
404
of
the
Clean
Water
Act,
and
the
PSD
Program
under
the
Clean
Air
Act.

APPENDIX
D­
2:
TITLE
40
PART
25
OF
THE
CODE
OF
FEDERAL
REGULATIONS
Environmental
Protection
Agency
§
25.2
PART
25
 
PUBLIC
PARTICIPATION
IN
PROGRAMS
UNDER
THE
RE­
SOURCE
CONSERVATION
AND
RECOVERY
ACT,
THE
SAFE
DRINKING
WATER
ACT,
AND
THE
CLEAN
WATER
ACT
Sec.
25.1
Introduction.
25.2
Scope.
25.3
Policy
and
objectives.
25.4
Information,
notification,
and
consultation
responsibilities.
25.5
Public
hearings.
25.6
Public
meetings.
25.7
Advisory
groups.
25.8
Responsiveness
summaries.
25.9
Permit
enforcement.
25.10
Rulemaking.
25.11
Work
elements
in
financial
assistance
agreements.
25.12
Assuring
compliance
with
public
participation
requirements.
25.13
Coordination
and
non­
duplication.
25.14
Termination
of
reporting
requirements.
AUTHORITY:
Sec.
101(
e),
Clean
Water
Act,
as
amended
(
33
U.
S.
C.
1251(
e));
sec.
7004(
b),
Resource
Conservation
and
Recovery
Act
(
42
U.
S.
C.
6974(
b));
sec.
1450(
a)(
1),
Safe
Drinking
Water
Act,
as
amended
(
42
U.
S.
C.
300j
 
9).
SOURCE:
44
FR
10292,
Feb.
16,
1979,
unless
otherwise
noted.
D­
28
Engaging
the
American
People
§
25.1
Introduction.

This
part
sets
forth
minimum
requirements
and
suggested
program
elements
for
public
participation
in
activities
under
the
Clean
Water
Act
(
Pub.
L.
95
 
217),
the
Resource
Conservation
and
Recovery
Act
(
Pub.
L.
94
 
580),
and
the
Safe
Drinking
Water
Act
(
Pub.
L.
93
 
523).
The
applicability
of
the
requirements
of
this
part
is
as
follows:

(
a)
Basic
requirements
and
suggested
program
elements
for
public
information,
public
notification,
and
public
consultation
are
set
forth
in
§
25.4.
These
requirements
are
intended
to
foster
public
awareness
and
open
processes
of
government
decision
making.
They
are
applicable
to
all
covered
activities
and
programs
described
in
§
25.2(
a).

(
b)
Requirements
and
suggested
program
elements
which
govern
the
structure
of
particular
public
participation
mechanisms
(
for
example,
advisory
groups
and
responsiveness
summaries)
are
set
forth
in
§
§
25.5,
25.6,
25.7,
and
25.8.
This
part
does
not
mandate
the
use
of
these
public
participation
mechanisms.
It
does,
however,
set
requirements
which
those
responsible
for
implementing
the
mechanisms
must
follow
if
the
mechanisms
are
required
elsewhere
in
this
chapter.

(
c)
Requirements
which
apply
to
Federal
financial
assistance
programs
(
grants
and
cooperative
agreements)
under
the
three
acts
are
set
forth
in
§
§
25.10
and
25.12(
a).

(
d)
Requirements
for
public
involvement
which
apply
to
specific
activities
are
set
forth
in
§
25.9
(
Permit
enforcement),
§
25.10
(
Rulemaking),
and
§
25.12
(
Assuring
compliance
with
requirements).

§
25.2
Scope.

(
a)
The
activities
under
the
three
Acts
which
are
covered
by
this
part
are:

(
1)
EPA
rulemaking,
except
non­
policy
rulemaking
(
for
example
publication
of
funding
allotments
under
statutory
formulas);
and
State
rulemaking
under
the
Clean
Water
Act
and
Resource
Conservation
and
Recovery
Act;

(
2)
EPA
issuance
and
modification
of
permits,
and
enforcement
of
permits
as
delineated
by
§
25.9;

(
3)
Development
by
EPA
of
major
informational
materials,
such
as
citizen
guides
or
handbooks,
which
are
expected
to
be
used
over
several
years
and
which
are
intended
to
be
widely
distributed
to
the
public;

(
4)
Development
by
EPA
of
strategy
and
policy
guidance
memoranda
when
a
Deputy
Assistant
Administrator
determines
it
to
be
appropriate;

(
5)
Development
and
implementation
of
plans,
programs,
standards,
construction,
and
other
activities
supported
with
EPA
financial
assistance
(
grants
and
cooperative
agreements)
to
State,
interstate,
regional
and
local
agencies
(
herein
after
referred
to
as
``
State,
interstate,
and
substate
agencies'');

(
6)
The
process
by
which
EPA
makes
a
determination
regarding
approval
of
State
administration
of
the
Construction
Grants
program
in
lieu
of
Federal
administration;
and
the
administration
of
the
Construction
Grants
Program
by
the
State
after
EPA
approval;
D­
29
EPA
Public
Participation
Policy
Review
Workgroup
(
7)
The
process
by
which
EPA
makes
a
determination
regarding
approval
of
State
administration
of
the
following
programs
in
lieu
of
Federal
administration:
The
State
Hazardous
Waste
Program;
the
NPDES
Permit
Program;
the
Dredge
and
Fill
Permit
Program;
and
the
Underground
Injection
Control
Program;

(
8)
Other
activities
which
the
Assistant
Administrator
for
Water
and
Waste
Management,
the
Assistant
Administrator
for
Enforcement,
or
any
EPA
Regional
Administrator
deems
appropriate
in
view
of
the
Agency's
responsibility
to
involve
the
public
in
significant
decisions.

(
b)
Activities
which
are
not
covered
by
this
part,
except
as
otherwise
provided
under
(
a)(
8)
or
(
c)
of
this
section,
are
activities
under
parts
33
(
Subagreements),
39
(
Loan
Guarantees
for
Construction
of
Treatment
Works),
40
(
Research
and
Development
Grants),
45
(
Training
Grants
and
Manpower
Forecasting)
and
46
(
Fellowships)
of
this
chapter.

(
c)
Some
programs
covered
by
these
regulations
contain
further
provisions
concerning
public
participation.
These
are
found
elsewhere
in
this
chapter
in
provisions
which
apply
to
the
program
of
interest.
Regulations
which
govern
the
use
and
release
of
public
information
are
set
forth
in
part
2
of
this
chapter.

(
d)
Specific
provisions
of
court
orders
which
conflict
with
requirements
of
this
part,
such
as
courtestablished
timetables,
shall
take
precedence
over
the
provisions
in
this
part.

(
e)
Where
the
State
undertakes
functions
in
the
construction
grants
program,
the
State
shall
be
responsible
for
meeting
these
requirements
for
public
participation,
and
any
applicable
public
participation
requirements
found
elsewhere
in
this
chapter,
to
the
same
extent
as
EPA.

(
f)
Where
the
State
undertakes
functions
in
those
programs
specifically
cited
in
§
25.2(
a)(
7),
the
State
shall
be
responsible
for
meeting
the
requirements
for
public
participation
included
in
the
applicable
regulations
governing
those
State
programs.
The
requirements
for
public
participation
in
State
Hazardous
Waste
Programs,
Dredge
and
Fill
Permit
programs,
Underground
Injection
Control
programs
and
NPDES
permit
programs
are
found
in
part
123
of
this
chapter.
These
regulations
embody
the
substantive
requirements
of
this
part.

(
g)
These
regulations
apply
to
the
activities
of
all
agencies
receiving
EPA
financial
assistance
which
is
awarded
after
[
the
effective
date
of
final
regulations],
and
to
all
other
covered
activities
of
EPA,
State,
interstate,
and
substate
agencies
which
occur
after
that
date.
These
regulations
will
apply
to
ongoing
grants
or
other
covered
activities
upon
any
significant
change
in
the
activity
(
for
example,
upon
a
significant
proposed
increase
in
project
scope
of
a
construction
grant).
Parts
105
(
Public
Participation
in
Water
Pollution
Control)
and
249
(
Public
Participation
in
Solid
Waste
Management)
will
no
longer
appear
in
the
Code
of
Federal
Regulations;
however,
they
will
remain
applicable,
in
uncodified
form,
to
grants
awarded
prior
to
the
effective
date
of
this
part
and
to
all
other
ongoing
activities.

§
25.3
Policy
and
objectives.

(
a)
EPA,
State,
interstate,
and
substate
agencies
carrying
out
activities
described
in
§
25.2(
a)
shall
provide
for,
encourage,
and
assist
the
participation
of
the
public.
The
term,
``
the
public''
in
the
broadest
sense
means
the
people
as
a
whole,
the
general
populace.
There
are
a
number
of
identifiable
``
segments
of
the
public''
which
may
have
a
particular
interest
in
a
given
program
or
decision.
Interested
and
affected
segments
of
the
public
may
be
affected
directly
by
a
decision,
D­
30
Engaging
the
American
People
either
beneficially
or
adversely;
they
may
be
affected
indirectly;
or
they
may
have
some
other
concern
about
the
decision.
In
addition
to
private
citizens,
the
public
may
include,
among
others,
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.

(
b)
Public
participation
is
that
part
of
the
decision­
making
process
through
which
responsible
officials
become
aware
of
public
attitudes
by
providing
ample
opportunity
for
interested
and
affected
parties
to
communicate
their
views.
Public
participation
includes
providing
access
to
the
decision­
making
process,
seeking
input
from
and
conducting
dialogue
with
the
public,
assimilating
public
viewpoints
and
preferences,
and
demonstrating
that
those
viewpoints
and
preferences
have
been
considered
by
the
decision­
making
official.
Disagreement
on
significant
issues
is
to
be
expected
among
government
agencies
and
the
diverse
groups
interested
in
and
affected
by
public
policy
decisions.
Public
agencies
should
encourage
full
presentation
of
issues
at
an
early
stage
so
that
they
can
be
resolved
and
timely
decisions
can
be
made.
In
the
course
of
this
process,
responsible
officials
should
make
special
efforts
to
encourage
and
assist
participation
by
citizens
representing
themselves
and
by
others
whose
resources
and
access
to
decision­
making
may
be
relatively
limited.

(
c)
The
following
are
the
objectives
of
EPA,
State,
interstate,
and
substate
agencies
in
carrying
out
activities
covered
by
this
part:

(
1)
To
assure
that
the
public
has
the
opportunity
to
understand
official
programs
and
proposed
actions,
and
that
the
government
fully
considers
the
public's
concerns;

(
2)
To
assure
that
the
government
does
not
make
any
significant
decision
on
any
activity
covered
by
this
part
without
consulting
interested
and
affected
segments
of
the
public;

(
3)
To
assure
that
government
action
is
as
responsive
as
possible
to
public
concerns;

(
4)
To
encourage
public
involvement
in
implementing
environmental
laws;

(
5)
To
keep
the
public
informed
about
significant
issues
and
proposed
project
or
program
changes
as
they
arise;

(
6)
To
foster
a
spirit
of
openness
and
mutual
trust
among
EPA,
States,
substate
agencies
and
the
public;
and
(
7)
To
use
all
feasible
means
to
create
opportunities
for
public
participation,
and
to
stimulate
and
support
participation.

§
25.4
Information,
notification,
and
consultation
responsibilities.

(
a)
General.
EPA,
State,
interstate,
and
substate
agencies
shall
conduct
a
continuing
program
for
public
information
and
participation
in
the
development
and
implementation
of
activities
covered
by
this
part.
This
program
shall
meet
the
following
requirements:

(
b)
Information
and
assistance
requirements.
D­
31
EPA
Public
Participation
Policy
Review
Workgroup
(
1)
Providing
information
to
the
public
is
a
necessary
prerequisite
to
meaningful,
active
public
involvement.
Agencies
shall
design
informational
activities
to
encourage
and
facilitate
the
public's
participation
in
all
significant
decisions
covered
by
§
25.2(
a),
particularly
where
alternative
courses
of
action
are
proposed.

(
2)
Each
agency
shall
provide
the
public
with
continuing
policy,
program,
and
technical
information
and
assistance
beginning
at
the
earliest
practicable
time.
Informational
materials
shall
highlight
significant
issues
that
will
be
the
subject
of
decision­
making.
Whenever
possible,
consistent
with
applicable
statutory
requirements,
the
social,
economic,
and
environmental
consequences
of
proposed
decisions
shall
be
clearly
stated
in
such
material.
Each
agency
shall
identify
segments
of
the
public
likely
to
be
affected
by
agency
decisions
and
should
consider
targeting
informational
materials
toward
them
(
in
addition
to
the
materials
directed
toward
the
general
public).
Lengthy
documents
and
complex
technical
materials
that
relate
to
significant
decisions
should
be
summarized
for
public
and
media
uses.
Fact
sheets,
news
releases,
newsletters,
and
other
similar
publications
may
be
used
to
provide
notice
that
materials
are
available
and
to
facilitate
public
understanding
of
more
complex
documents,
but
shall
not
be
a
substitute
for
public
access
to
the
full
documents.

(
3)
Each
agency
shall
provide
one
or
more
central
collections
of
reports,
studies,
plans,
and
other
documents
relating
to
controversial
issues
or
significant
decisions
in
a
convenient
location
or
locations,
for
example,
in
public
libraries.
Examples
of
such
documents
are
catalogs
of
documents
available
from
the
agency,
grant
applications,
fact
sheets
on
permits
and
permit
applications,
permits,
effluent
discharge
information,
and
compliance
schedule
reports.
Copying
facilities
at
reasonable
cost
should
be
available
at
the
depositories.

(
4)
Whenever
possible,
agencies
shall
provide
copies
of
documents
of
interest
to
the
public
free
of
charge.
Charges
for
copies
should
not
exceed
prevailing
commercial
copying
costs.
EPA
requirements
governing
charges
for
information
and
documents
provided
to
the
public
in
response
to
requests
made
under
the
Freedom
of
Information
Act
are
set
forth
in
part
2
of
this
chapter.
Consistent
with
the
objectives
of
§
25.3(
b),
agencies
may
reserve
their
supply
of
free
copies
for
private
citizens
and
others
whose
resources
are
limited.
(
5)
Each
agency
shall
develop
and
maintain
a
list
of
persons
and
organizations
who
have
expressed
an
interest
in
or
may,
by
the
nature
of
their
purposes,
activities
or
members,
be
affected
by
or
have
an
interest
in
any
covered
activity.
Generally,
this
list
will
be
most
useful
where
subdivided
by
area
of
interest
or
geographic
area.
Whenever
possible,
the
list
should
include
representatives
of
the
several
categories
of
interests
listed
under
§
25.3(
a).
Those
on
the
list,
or
relevant
portions
if
the
list
is
subdivided,
shall
receive
timely
and
periodic
notification
of
the
availability
of
materials
under
§
25.4(
b)(
2).

(
c)
Public
notification.
Each
agency
shall
notify
interested
and
affected
parties,
including
appropriate
portions
of
the
list
required
by
paragraph
(
b)(
5)
of
this
section,
and
the
media
in
advance
of
times
at
which
major
decisions
not
covered
by
notice
requirements
for
public
meetings
or
public
hearings
are
being
considered.
Generally,
notices
should
include
the
timetable
in
which
a
decision
will
be
reached,
the
issues
under
consideration,
any
alternative
courses
of
action
or
tentative
determinations
which
the
agency
has
made,
a
brief
listing
of
the
applicable
laws
or
regulations,
the
location
where
relevant
documents
may
be
reviewed
or
obtained,
identification
of
any
associated
public
participation
opportunities
such
as
workshops
or
meetings,
the
name
of
an
individual
to
contact
for
additional
information,
and
any
other
appropriate
information.
All
advance
notifications
under
this
paragraph
must
be
provided
far
enough
in
advance
of
agency
action
to
permit
time
for
public
response;
generally
this
should
not
be
less
than
30
days.
D­
32
Engaging
the
American
People
(
d)
Public
consultation.
For
the
purposes
of
this
part,
``
public
consultation''
means
an
exchange
of
views
between
governmental
agencies
and
interested
or
affected
persons
and
organizations
in
order
to
meet
the
objectives
set
forth
in
§
25.3.
Requirements
for
three
common
forms
of
public
consultation
(
public
hearings,
public
meetings,
and
advisory
groups)
are
set
forth
in
§
§
25.5,
25.6,
and
25.7.
Other
less
formal
consultation
mechanisms
may
include
but
are
not
limited
to
review
groups,
ad
hoc
committees,
task
forces,
workshops,
seminars
and
informal
personal
communications
with
individuals
and
groups.
Public
consultation
must
be
preceded
by
timely
distribution
of
information
and
must
occur
sufficiently
in
advance
of
decision­
making
to
allow
the
agency
to
assimilate
public
views
into
agency
action.
EPA,
State,
interstate,
and
substate
agencies
shall
provide
for
early
and
continuing
public
consultation
in
any
significant
action
covered
by
this
part.
Merely
conferring
with
the
public
after
an
agency
decision
does
not
meet
this
requirement.
In
addition
to
holding
hearings
and
meetings
as
specifically
required
in
this
chapter,
a
hearing
or
meeting
shall
be
held
if
EPA,
the
State,
interstate,
or
substate
agency
determines
that
there
is
significant
public
interest
or
that
a
hearing
or
meeting
would
be
useful.

(
e)
Public
information
concerning
legal
proceedings.
EPA,
State,
interstate,
and
substate
agencies
shall
provide
full
and
open
information
on
legal
proceedings
to
the
extent
not
inconsistent
with
court
requirements,
and
where
such
disclosure
would
not
prejudice
the
conduct
of
the
litigation.
EPA
actions
with
regard
to
affording
opportunities
for
public
comment
before
the
Department
of
Justice
consents
to
a
proposed
judgment
in
an
action
to
enjoin
discharges
of
pollutants
into
the
environment
shall
be
consistent
with
the
Statement
of
Policy
issued
by
the
Department
of
Justice
(
see
title
28,
CFR,
chapter
1,
§
50.7).

§
25.5
Public
hearings.

(
a)
Applicability.
Any
non­
adjudicatory
public
hearing,
whether
mandatory
or
discretionary,
under
the
three
Acts
shall
meet
the
following
minimum
requirements.
These
requirements
are
subordinate
to
any
more
stringent
requirements
found
elsewhere
in
this
chapter
or
otherwise
imposed
by
EPA,
State,
interstate,
or
substate
agencies.
Procedures
developed
for
adjudicatory
hearings
required
by
this
chapter
shall
be
consistent
with
the
public
participation
objectives
of
this
part,
to
the
extent
practicable.

(
b)
Notice.
A
notice
of
each
hearing
shall
be
well
publicized,
and
shall
also
be
mailed
to
the
appropriate
portions
of
the
list
of
interested
and
affected
parties
required
by
§
25.4(
b)(
5).
Except
as
otherwise
specifically
provided
elsewhere
in
this
chapter,
these
actions
must
occur
at
least
45
days
prior
to
the
date
of
the
hearing.
However,
where
EPA
determines
that
there
are
no
substantial
documents
which
must
be
reviewed
for
effective
hearing
participation
and
that
there
are
no
complex
or
controversial
matters
to
be
addressed
by
the
hearing,
the
notice
requirement
may
be
reduced
to
no
less
than
30
days.
EPA
may
further
reduce
or
waive
the
hearing
notice
requirement
in
emergency
situations
where
EPA
determines
that
there
is
an
imminent
danger
to
public
health.
To
the
extent
not
duplicative,
the
agency
holding
the
hearing
shall
also
provide
informal
notice
to
all
interested
persons
or
organizations
that
request
it.
The
notice
shall
identify
the
matters
to
be
discussed
at
the
hearing
and
shall
include
or
be
accompanied
by
a
discussion
of
the
agency's
tentative
determination
on
major
issues
(
if
any),
information
on
the
availability
of
a
bibliography
of
relevant
materials
(
if
deemed
appropriate),
and
procedures
for
obtaining
further
information.
Reports,
documents
and
data
relevant
to
the
discussion
at
the
public
hearing
shall
be
available
to
the
public
at
least
30
days
before
the
hearing.
Earlier
availability
of
materials
relevant
to
the
hearing
will
further
assist
public
participation
and
is
encouraged
where
possible.
D­
33
EPA
Public
Participation
Policy
Review
Workgroup
(
c)
Locations
and
time.
Hearings
must
be
held
at
times
and
places
which,
to
the
maximum
extent
feasible,
facilitate
attendance
by
the
public.
Accessibility
of
public
transportation,
and
use
of
evening
and
weekend
hearings,
should
be
considered.
In
the
case
of
actions
with
Statewide
interest,
holding
more
than
one
hearing
should
be
considered.

(
d)
Scheduling
presentations.
The
agency
holding
the
hearing
shall
schedule
witnesses
in
advance,
when
necessary,
to
ensure
maximum
participation
and
allotment
of
adequate
time
for
all
speakers.
However,
the
agency
shall
reserve
some
time
for
unscheduled
testimony
and
may
consider
reserving
blocks
of
time
for
major
categories
of
witnesses.

(
e)
Conduct
of
hearing.
The
agency
holding
the
hearing
shall
inform
the
audience
of
the
issues
involved
in
the
decision
to
be
made,
the
considerations
the
agency
will
take
into
account,
the
agency's
tentative
determinations
(
if
any),
and
the
information
which
is
particularly
solicited
from
the
public.
The
agency
should
consider
allowing
a
question
and
answer
period.
Procedures
shall
not
unduly
inhibit
free
expression
of
views
(
for
example,
by
onerous
written
statement
requirements
or
qualification
of
witnesses
beyond
minimum
identification).

(
f)
Record.
The
agency
holding
the
hearing
shall
prepare
a
transcript,
recording
or
other
complete
record
of
public
hearing
proceedings
and
make
it
available
at
no
more
than
cost
to
anyone
who
requests
it.
A
copy
of
the
record
shall
be
available
for
public
review.

§
25.6
Public
meetings.

Public
meetings
are
any
assemblies
or
gathering,
(
such
as
conferences,
informational
sessions,
seminars,
workshops,
or
other
activities)
which
the
responsible
agency
intends
to
be
open
to
anyone
wishing
to
attend.
Public
meetings
are
less
formal
than
public
hearings.
They
do
not
require
formal
presentations,
scheduling
of
presentations
and
a
record
of
proceedings.
The
requirements
of
§
25.5
(
b)
and
(
c)
are
applicable
to
public
meetings,
except
that
the
agency
holding
the
meeting
may
reduce
the
notice
to
not
less
than
30
days
if
there
is
good
reason
that
longer
notice
cannot
be
provided.

§
25.7
Advisory
groups.

(
a)
Applicability.
The
requirements
of
this
section
on
advisory
groups
shall
be
met
whenever
provisions
of
this
chapter
require
use
of
an
advisory
group
by
State,
interstate,
or
substate
agencies
involved
in
activities
supported
by
EPA
financial
assistance
under
any
of
the
three
Acts.

(
b)
Role.
Primary
responsibility
for
decision­
making
in
environmental
programs
is
vested
by
law
in
the
elected
and
appointed
officials
who
serve
on
public
bodies
and
agencies
at
various
levels
of
government.
However,
all
segments
of
the
public
must
have
the
opportunity
to
participate
in
environmental
quality
planning.
Accordingly,
where
EPA
identifies
a
need
for
continued
attention
of
an
informed
core
group
of
citizens
in
relation
to
activities
conducted
with
EPA
financial
assistance,
program
regulations
elsewhere
in
this
chapter
will
require
an
advisory
group
to
be
appointed
by
the
financially
assisted
agency.
Such
advisory
groups
will
not
be
the
sole
mechanism
for
public
participation,
but
will
complement
other
mechanisms.
They
are
intended
to
assist
elected
or
appointed
officials
with
final
decision­
making
responsibility
by
making
recommendations
to
such
officials
on
important
issues.
In
addition,
advisory
groups
should
foster
a
constructive
interchange
among
the
various
interests
present
on
the
group
and
enhance
the
prospect
of
community
acceptance
of
agency
action.
D­
34
Engaging
the
American
People
(
c)
Membership.

(
1)
The
agency
receiving
financial
assistance
shall
assure
that
the
advisory
group
reflects
a
balance
of
interests
in
the
affected
area.
In
order
to
meet
this
requirement,
the
assisted
agency
shall
take
positive
action,
in
accordance
with
paragraph
(
c)(
3)
of
this
section,
to
establish
an
advisory
board
group
which
consists
of
substantially
equivalent
proportions
of
the
following
four
groups:

(
i)
Private
citizens.
No
person
may
be
included
in
this
portion
of
the
advisory
group
who
is
likely
to
incur
a
financial
gain
or
loss
greater
than
that
of
an
average
homeowner,
taxpayer
or
consumer
as
a
result
of
any
action
likely
to
be
taken
by
the
assisted
agency.

(
ii)
Representatives
of
public
interest
groups.
A
``
public
interest
group''
is
an
organization
which
reflects
a
general
civic,
social,
recreational,
environmental
or
public
health
perspective
in
the
area
and
which
does
not
directly
reflect
the
economic
interests
of
its
membership.

(
iii)
Public
officials.

(
iv)
Citizens
or
representatives
of
organizations
with
substantial
economic
interests
in
the
plan
or
project.

(
2)
Generally,
where
the
activity
has
a
particular
geographic
focus,
the
advisory
group
shall
be
made
up
of
persons
who
are
residents
of
that
geographic
area.

(
3)
In
order
to
meet
the
advisory
group
membership
requirements
of
paragraph
(
c)(
1)
of
this
section,
the
assisted
agency
shall:

(
i)
Identify
public
interest
groups,
economic
interests,
and
public
officials
who
are
interested
in
or
affected
by
the
assisted
activity.

(
ii)
Make
active
efforts
to
inform
citizens
in
the
affected
area,
and
the
persons
or
groups
identified
under
paragraph
(
c)(
3)(
i)
of
this
section,
of
this
opportunity
for
participation
on
the
advisory
group.
This
may
include
such
actions
as
placing
notices
or
announcements
in
the
newspapers
or
other
media,
mailing
written
notices
to
interested
parties,
contacting
organizations
or
individuals
directly,
requesting
organizations
to
notify
their
members
through
meetings,
newsletters,
or
other
means.

(
iii)
Where
the
membership
composition
set
forth
in
paragraph
(
c)(
1)
of
this
section
is
not
met
after
the
above
actions,
the
assisted
agency
shall
identify
the
causative
problems
and
make
additional
efforts
to
overcome
such
problems.
For
example,
the
agency
should
make
personal
contact
with
prospective
participants
to
invite
their
participation.

(
iv)
Where
problems
in
meeting
the
membership
composition
arise,
the
agency
should
request
advice
and
assistance
from
EPA.

(
d)
The
assisted
agency
shall
record
the
names
and
mailing
addresses
of
each
member
of
the
advisory
group,
with
the
attributes
of
each
in
relation
to
the
membership
requirements
set
forth
in
paragraph
(
c)(
1)
of
this
section,
provide
a
copy
to
EPA,
and
make
the
list
available
to
the
public.
In
the
event
that
the
membership
requirements
set
forth
in
paragraph
(
c)(
1)
of
this
section
are
not
met,
the
assisted
agency
shall
append
to
the
list
a
description
of
its
efforts
to
comply
with
those
requirements
and
an
explanation
of
the
problems
which
prevented
compliance.
EPA
shall
review
the
D­
35
EPA
Public
Participation
Policy
Review
Workgroup
agency's
efforts
to
comply
and
approve
the
advisory
group
composition
or,
if
the
agency's
efforts
were
inadequate,
require
additional
actions
to
achieve
the
required
membership
composition.

(
e)
Responsibilities
of
the
assisted
agency.

(
1)
The
assisted
agency
shall
designate
a
staff
contact
who
will
be
responsible
for
day­
to­
day
coordination
among
the
advisory
group,
the
agency,
and
any
agency
contractors
or
consultants.
The
financial
assistance
agreement
shall
include
a
budget
item
for
this
staff
contact.
Where
substantial
portions
of
the
assisted
agency's
responsibilities
will
be
met
under
contract,
the
agency
shall
require
a
similar
designation,
and
budget
specification,
of
its
contractor.
In
the
latter
event,
the
assisted
agency
does
not
have
to
designate
a
separate
staff
contact
on
its
own
staff,
if
the
Regional
Administrator
determines
that
the
contractor's
designation
will
result
in
adequate
coordination.
The
staff
contact
shall
be
located
in
the
project
area.

(
2)
The
assisted
agency
has
such
responsibilities
as
providing
the
advisory
group
with
information,
identifying
issues
for
the
advisory
group's
consideration,
consulting
with
the
advisory
group
throughout
the
project,
requesting
the
advisory
group's
recommendations
prior
to
major
decisions,
transmitting
advisory
group
recommendations
to
decision­
making
officials,
and
making
written
responses
to
any
formal
recommendation
by
the
advisory
group.
The
agency
shall
make
any
such
written
responses
available
to
the
public.
To
the
maximum
extent
feasible,
the
assisted
agency
shall
involve
the
advisory
group
in
the
development
of
the
public
participation
program.

(
3)
The
assisted
agency
shall
identify
professional
and
clerical
staff
time
which
the
advisory
group
may
depend
upon
for
assistance,
and
provide
the
advisory
group
with
an
operating
budget
which
may
be
used
for
technical
assistance
and
other
purposes
agreed
upon
between
the
advisory
group
and
the
agency.
(
4)
The
assisted
agency
shall
establish
a
system
to
make
costs
of
reasonable
out­
ofpocket
expenses
of
advisory
group
participation
available
to
group
members.
Time
away
from
work
need
not
be
reimbursed;
however,
assisted
agencies
are
encouraged
to
schedule
meetings
at
times
and
places
which
will
not
require
members
to
leave
their
jobs
to
attend.

(
f)
Advisory
group
responsibilities
and
duties.
The
advisory
group
may
select
its
own
chairperson,
adopt
its
own
rules
of
order,
and
schedule
and
conduct
its
own
meetings.
Advisory
group
meetings
shall
be
announced
well
in
advance
and
shall
be
open
to
the
public.
At
all
meetings,
the
advisory
group
shall
provide
opportunity
for
public
comment.
Any
minutes
of
advisory
group
meetings
and
recommendations
to
the
assisted
agency
shall
be
available
to
the
public.
The
advisory
group
should
monitor
the
progress
of
the
project
and
become
familiar
with
issues
relevant
to
project
development.
In
the
event
the
assisted
agency
and
the
advisory
group
agree
that
the
advisory
group
will
assume
public
participation
responsibilities,
the
group
should
undertake
those
responsibilities
promptly.
The
advisory
group
should
make
written
recommendations
directly
to
the
assisted
agency
and
to
responsible
decision­
making
officials
on
major
decisions
(
including
approval
of
the
public
participation
program)
and
respond
to
any
requests
from
the
agency
or
decision­
making
officials
for
recommendations.
The
advisory
group
should
remain
aware
of
community
attitudes
and
responses
to
issues
as
they
arise.
As
part
of
this
effort,
the
advisory
group
may,
within
the
limitations
of
available
resources,
conduct
public
participation
activities
in
conjunction
with
the
assisted
agency;
solicit
outside
advice;
and
establish,
in
conjunction
with
the
assisted
agency,
subcommittees,
ad
hoc
groups,
or
task
forces
to
investigate
and
develop
recommendations
on
particular
issues
as
they
arise.
The
advisory
group
should
undertake
its
responsibilities
fully
and
promptly
in
accordance
with
the
policies
and
requirements
of
this
part.
Nothing
shall
preclude
the
right
of
the
advisory
group
from
requesting
EPA
to
perform
an
evaluation
of
the
assisted
agency's
compliance
with
the
requirements
of
this
part.
D­
36
Engaging
the
American
People
(
g)
Training
and
assistance.
EPA
will
promptly
provide
appropriate
written
guidance
and
project
information
to
the
newly
formed
advisory
group
and
may
provide
advice
and
assistance
to
the
group
throughout
the
life
of
the
project.
EPA
will
develop
and,
in
conjunction
with
the
State
or
assisted
agency,
carry
out
a
program
to
provide
a
training
session
for
the
advisory
group,
and
appropriate
assisted
agency
representatives,
promptly
after
the
advisory
group
is
formed.
The
assisted
agency
shall
provide
additional
needed
information
or
assistance
to
the
advisory
group.

§
25.8
Responsiveness
summaries.

Each
agency
which
conducts
any
activities
required
under
this
part
shall
prepare
a
Responsiveness
Summary
at
specific
decision
points
as
specified
in
program
regulations
or
in
the
approved
public
participation
work
plan.
Responsiveness
Summaries
are
also
required
for
rulemaking
activities
under
§
25.10.
Each
Responsiveness
Summary
shall
identify
the
public
participation
activity
conducted;
describe
the
matters
on
which
the
public
was
consulted;
summarize
the
public's
views,
significant
comments,
criticisms
and
suggestions;
and
set
forth
the
agency's
specific
responses
in
terms
of
modifications
of
the
proposed
action
or
an
explanation
for
rejection
of
proposals
made
by
the
public.
Responsiveness
Summaries
prepared
by
agencies
receiving
EPA
financial
assistance
shall
also
include
evaluations
by
the
agency
of
the
effectiveness
of
the
public
participation
program.
Assisted
agencies
shall
request
such
evaluations
from
any
advisory
group
and
provide
an
opportunity
for
other
participating
members
of
the
public
to
contribute
to
the
evaluation.
(
In
the
case
of
programs
with
multiple
responsiveness
summary
requirements,
these
analyses
need
only
be
prepared
and
submitted
with
the
final
summary
required.)
Responsiveness
summaries
shall
be
forwarded
to
the
appropriate
decision­
making
official
and
shall
be
made
available
to
the
public.
Responsiveness
Summaries
shall
be
used
as
part
of
evaluations
required
under
this
part
or
elsewhere
in
this
chapter.

§
25.9
Permit
enforcement.

Each
agency
administering
a
permit
program
shall
develop
internal
procedures
for
receiving
evidence
submitted
by
citizens
about
permit
violations
and
ensuring
that
it
is
properly
considered.
Public
effort
in
reporting
violations
shall
be
encouraged,
and
the
agency
shall
make
available
information
on
reporting
procedures.
The
agency
shall
investigate
alleged
violations
promptly.

§
25.10
Rulemaking.

(
a)
EPA
shall
invite
and
consider
written
comments
on
proposed
and
interim
regulations
from
any
interested
or
affected
persons
and
organizations.
All
such
comments
shall
be
part
of
the
public
record,
and
a
copy
of
each
comment
shall
be
available
for
public
inspection.
EPA
will
maintain
a
docket
of
comments
received
and
any
Agency
responses.
Notices
of
proposed
and
interim
rulemaking,
as
well
as
final
rules
and
regulations,
shall
be
distributed
in
accordance
with
§
25.4(
c)
to
interested
or
affected
persons
promptly
after
publication.
Each
notice
shall
include
information
as
to
the
availability
of
the
full
texts
of
rules
and
regulations
(
where
these
are
not
set
forth
in
the
notice
itself)
and
places
where
copying
facilities
are
available
at
reasonable
cost
to
the
public.
Under
Executive
Order
12044
(
March
23,
1978),
further
EPA
guidance
will
be
issued
concerning
public
participation
in
EPA
rulemaking.

A
Responsiveness
Summary
shall
be
published
as
part
of
the
preamble
to
interim
and
final
regulations.
In
addition
to
providing
opportunity
for
written
comments
on
proposed
and
interim
regulations,
EPA
may
choose
to
hold
a
public
hearing.
D­
37
EPA
Public
Participation
Policy
Review
Workgroup
(
b)
State
rulemaking
specified
in
§
25.2(
a)(
1)
shall
be
in
accord
with
the
requirements
of
paragraph
(
a)
of
this
section
or
with
the
State's
administrative
procedures
act,
if
one
exists.
However,
in
the
event
of
conflict
between
a
provision
of
paragraph
(
a)
of
this
section
and
a
provision
of
a
State's
administrative
procedures
act,
the
State's
law
shall
apply.

§
25.11
Work
elements
in
financial
assistance
agreements.

(
a)
This
section
is
applicable
to
activities
under
§
25.2(
a)(
5)
except
as
otherwise
provided
in
parts
30
or
35.

(
b)
Each
applicant
for
EPA
financial
assistance
shall
set
forth
in
the
application
a
public
participation
work
plan
or
work
element
which
reflects
how
public
participation
will
be
provided
for,
encouraged,
and
assisted
in
accordance
with
this
part.
This
work
plan
or
element
shall
cover
the
project
period.
At
a
minimum,
the
work
plan
or
element
shall
include:

(
1)
Staff
contacts
and
budget
resources
to
be
devoted
to
public
participation
by
category;

(
2)
A
proposed
schedule
for
public
participation
activities
to
impact
major
decisions,
including
consultation
points
where
responsiveness
summaries
will
be
prepared;

(
3)
An
identification
of
consultation
and
information
mechanisms
to
be
used;

(
4)
The
segments
of
the
public
targeted
for
involvement.

(
c)
All
reasonable
costs
of
public
participation
incurred
by
assisted
agencies
which
are
identified
in
an
approved
public
participation
work
plan
or
element,
or
which
are
otherwise
approved
by
EPA,
shall
be
eligible
for
financial
assistance.

(
d)
The
work
plan
or
element
may
be
revised
as
necessary
throughout
the
project
period
with
approval
of
the
Regional
Administrator.

§
25.12
Assuring
compliance
with
public
participation
requirements.

(
a)
Financial
assistance
programs
 
(
1)
Applications.
EPA
shall
review
the
public
participation
work
plan
(
or,
if
no
work
plan
is
required
by
this
chapter
for
the
particular
financial
assistance
agreement,
the
public
participation
element)
included
in
the
application
to
determine
consistency
with
all
policies
and
requirements
of
this
part.
No
financial
assistance
shall
be
awarded
unless
EPA
is
satisfied
that
the
public
participation
policies
and
requirements
of
this
part
and,
any
applicable
public
participation
requirements
found
elsewhere
in
this
chapter,
will
be
met.

(
2)
Compliance
 
(
i)
Evaluation.
EPA
shall
evaluate
compliance
with
public
participation
requirements
using
the
work
plan,
responsiveness
summary,
and
other
available
information.
EPA
will
judge
the
adequacy
of
the
public
participation
effort
in
relation
to
the
objectives
and
requirements
of
§
25.3
and
§
25.4
and
other
applicable
requirements.
In
conducting
this
evaluation,
EPA
may
request
additional
information
from
the
assisted
agency,
including
records
of
hearings
and
meetings,
and
may
invite
public
comment
on
the
agency's
performance.
The
evaluation
will
be
undertaken
as
part
of
any
mid­
project
review
required
in
various
programs
under
this
chapter;
where
no
such
review
is
required
the
review
shall
be
D­
38
Engaging
the
American
People
conducted
at
an
approximate
mid­
point
in
continuing
EPA
oversight
activity.
EPA
may,
however,
undertake
such
evaluation
at
any
point
in
the
project
period,
and
will
do
so
whenever
it
believes
that
an
assisted
agency
may
have
failed
to
meet
public
participation
requirements.

(
ii)
Remedial
actions.
Whenever
EPA
determines
that
an
assisted
agency
has
not
fully
met
public
participation
requirements,
EPA
shall
take
actions
which
it
deems
appropriate
to
mitigate
the
adverse
effects
of
the
failure
and
assure
that
the
failure
is
not
repeated.
For
ongoing
projects,
that
action
shall
include,
at
a
minimum,
imposing
more
stringent
requirements
on
the
assisted
agency
for
the
next
budget
period
or
other
period
of
the
project
(
including
such
actions
as
more
specific
output
requirements
and
milestone
schedules
for
output
achievement;
interim
EPA
review
of
public
participation
activities
and
materials
prepared
by
the
agency,
and
phased
release
of
funds
based
on
compliance
with
milestone
schedules.)
EPA
may
terminate
or
suspend
part
or
all
financial
assistance
for
noncompliance
with
public
participation
requirements,
and
may
take
any
further
actions
that
it
determines
to
be
appropriate
in
accordance
with
parts
30
and
35
of
this
chapter
(
see,
in
particular,
§
30.340,
Noncompliance
and
30.615
 
3,
Withholding
of
Payments,
and
subpart
H
of
part
30,
Modification,
Suspension,
and
Termination).

(
b)
State
programs
approved
in
lieu
of
Federal
programs.
State
compliance
with
applicable
public
participation
requirements
in
programs
specified
in
§
25.2(
a)
(
6)
and
(
7)
and
administered
by
approved
States
shall
be
monitored
by
EPA
during
the
annual
review
of
the
State's
program,
and
during
any
financial
or
program
audit
or
review
of
these
programs.
EPA
may
withdraw
an
approved
program
from
a
State
for
failure
to
comply
with
applicable
public
participation
requirements.

(
c)
Other
covered
programs.
Assuring
compliance
with
these
public
participation
requirements
for
programs
not
covered
by
paragraphs
(
a)
and
(
b)
of
this
section
is
the
responsibility
of
the
Administrator
of
EPA.
Citizens
with
information
concerning
alleged
failures
to
comply
with
the
public
participation
requirements
should
notify
the
Administrator.
The
Administrator
will
assure
that
instances
of
alleged
noncompliance
are
promptly
investigated
and
that
corrective
action
is
taken
where
necessary.

§
25.13
Coordination
and
Non­
duplication.

The
public
participation
activities
and
materials
that
are
required
under
this
part
should
be
coordinated
or
combined
with
those
of
closely
related
programs
or
activities
wherever
this
will
enhance
the
economy,
the
effectiveness,
or
the
timeliness
of
the
effort;
enhance
the
clarity
of
the
issue;
and
not
be
detrimental
to
participation
by
the
widest
possible
public.
Hearings
and
meetings
on
the
same
matter
may
be
held
jointly
by
more
than
one
agency
where
this
does
not
conflict
with
the
policy
of
this
paragraph.
Special
efforts
shall
be
made
to
coordinate
public
participation
procedures
under
this
part
and
applicable
regulations
elsewhere
in
this
chapter
with
environmental
assessment
and
analysis
procedures
under
40
CFR
part
6.
EPA
encourages
interstate
agencies
in
particular
to
develop
combined
proceedings
for
the
States
concerned.

§
25.14
Termination
of
reporting
requirements.

All
reporting
requirements
specifically
established
by
this
part
will
terminate
on
(
5
years
from
date
of
publication)
unless
EPA
acts
to
extend
the
requirements
beyond
that
date.
