






U.S. EPA Regional Practices/Experiences with Publication of Notices during the Superfund Process
                                       
                                       
                                  March 2015
                                       
                                       
                                       
                                       
                                       
                                       
                                       
                                       
                                       
                                       
                                       
                                       
                                       
                                       
                                       
                                       
                                       
                                       
                                       
                                       
                                       
           Office of Superfund Remediation and Technology Innovation
                 Office of Solid Waste and Emergency Response



Background

The Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), the National Oil and Hazardous Substances Pollution Contingency Plan (NCP) and the Technical Assistance Grant (TAG) rule contain specific provisions addressing the publication of a notice in a "major local newspaper of general circulation" for various actions taken during Superfund removal and remedial processes. CERCLA requires the lead agency to publish a newspaper notice in three instances during the Superfund process. The NCP and the TAG rule provide for the publication of a newspaper notice for five additional actions, even when such publication is not mandated by CERCLA. Table 1 indicates the public notice provisions for specific stages of the Superfund process. A more detailed explanation of each provision is provided in Appendix A, CERCLA/NCP/TAG Rule Provisions for Public Notices.

       Table 1:  Statutory and Regulatory Provisions for Public Notices
                              Superfund Activity
                                    CERCLA
                                      CFR
                                       
                                       
                           Title 40, Part 300 (NCP)
            Title 40, Part 35 (State & Local Assistance -- TAG)
Removal Action
Availability of Administrative Record When On-Site Removal Activity Begins in Less than Six Months
                                       
                                      ●
                                       
EE/CA Issued and Planning Period of at Least Six Months
                                       
                                      ●
                                       
Availability of Administrative Record when EE/CA Issued and Planning Period of at Least Six Months
                                       
                                      ●
                                       
Remedial Action
Availability of Administrative Record when Remedial Investigation/ Feasibility Study Begins
                                       
                                      ●
                                       
Proposed Plan
                                      ●
                                     ● 
                                       
Record of Decision (Final Plan)
                                      ●
                                      ●
                                       
Explanation of Significant Differences/ROD Amendment
                                      ●
                                      ●
                                       
NPL Deletion
                                       
                                      ●
                                       
Grants for Technical Assistance (Subpart M)
Receipt of Letter of Intent for a TAG application
                                       
                                       
                                      ●

The intent of the CERCLA, NCP and TAG provisions is to ensure the lead agency informs the public of Superfund activities at defined stages within the Superfund process. At the time the public notice provisions were established and disseminated, publishing notices in newspapers was a common government approach to informing communities about government plans and actions. However, as the Superfund community involvement program has evolved and expanded, EPA often has performed additional communication approaches beyond publishing notices to ensure communities have an opportunity to be fully informed and involved in the Superfund process. 

Over the past 25 years, newspaper circulation has significantly declined, which has been attributed to the expansion of the Internet and cable television. Now, many people receive their news through electronic media instead of through daily newspapers. Ad rates for newspapers also have increased. Thus, public notices are more expensive, and are viewed by fewer people.

Given this situation, the Office of Superfund Remediation and Technology Innovation (OSRTI) conducted a study of EPA regional practices related to the publication of public notices in "major local newspapers of general circulation." The goal of the study was to identify current regional practices, identify typical costs for publishing notices, determine if the regions conduct additional outreach activities, and assess the effectiveness of public notices relative to other communication and outreach methods. This report presents the study methodology, findings, and conclusions.


Study Methodology

The approach adopted for this study involved collecting information on public notices published in Fiscal Year (FY) 11 from the regions through a survey to identify regional experiences and practices with publishing notices. A 17-question web-based survey was developed and disseminated to collect information from the regions on their experience and practice with publishing public notices. The survey included questions about the quantity and cost of public notices, the type and size of notices, the effectiveness of notices compared to other outreach techniques, and additional communication and outreach activities performed by the regions to supplement a public notice. One question also focused on the region's interpretation of what constitutes a "major local newspaper of general circulation." The questions focused on regional practices and experiences during Fiscal Year 2011. A copy of the survey questionnaire is provided in Attachment B.

An email message was prepared and distributed to the Superfund Community Involvement Manager in each EPA Regional Office. This message included a link to a web-based questionnaire and requested that each region complete a single questionnaire that would represent the policies and practices of the entire region. Responses were received from nine of the ten regions; Region 1 did not complete the survey. All of these regions completed a single survey representative of the entire region except for Region 5. In Region 5, ten CICs completed the survey and the individual responses were combined to create a single response for the entire region.  Thus, this analysis is based on the responses to nine completed questionnaires, each one representing the policies and practices of nine distinct regions.


Regional Survey Analysis

The specific response to each of the 17 survey questions is included in Appendix C, Data Summary. Provided below is a summary and analysis of responses to the questions.

Regional Interpretation of "Major Local Newspaper of General Circulation"

CERLCA, the NCP and the TAG rule include provisions that require EPA to publish notices in a "major local newspaper of general circulation." Neither CERCLA, the NCP or TAG rule define exactly what is meant by this term. For instance, for a site located in a suburban town, a major local newspaper could be either: 1) a large metropolitan daily newspaper with a large circulation that occasionally includes articles about the town; or 2) a weekly newspaper only distributed in the town itself. Given that there is no statutory or regulatory definition, the survey asked for an interpretation or explanation as to what constitutes a major local newspaper of general circulation.

It is clear, based on the regional responses to this question, that there is variability in the interpretation of "major local newspaper of general circulation." This is not surprising since there is no guidance as to how to define and identify a major local newspaper of general circulation. Some regions, such as Regions 2 and 8 consider the largest circulation newspaper in the area. Others, such as Regions 3, 4, and 5, typically use newspapers that community members have said are most likely to be read by the community. For these regions, this determination is based on stakeholder and community interviews, and from information included in the Community Involvement Plan. Region 7 combines both of these approaches. It defines a major newspaper based on the size of the largest city closest to the site and/or the community's preference. Several regions said that for rural towns, the newspaper that offers the best coverage is the one that is used. Often, there is only a single newspaper in smaller towns.

Number of Public Notices 

In FY 2011, nine EPA Regions reported they published 242 public notices to meet either the statutory or regulatory requirements (see Figure 1). All of the regions also reported that they publish notices that are not required by statute and regulation. The occasions for publishing non-required notices varied by region, but all of them reported using notices during the Five-Year Review process, probably because in the Comprehensive Five-Year Review Guidance (OSWER Directive 9355.7-03B-P, June 2001) suggests the use of published notices. Some regions seem to interpret this guidance as a regulatory requirement. Most of the regions also publish non-required notices for other reasons, mostly to announce meetings or other site events and activities.

Although all of the regions reported that they publish non-required notices, only Regions 2, 4, 7, and 10 provided specific amounts:  Region 2 published 29 ads, all for Five-Year Reviews; Region 4 purchased 60 notices for Five-Year Reviews, informal meetings, availability sessions, and special events at sites; Region 7 published 14 notices for Five-Year Reviews, NPL additions, and other instances; and Region 10 published 54 notices  for a variety of reasons, including NPL consideration, proposed settlements, construction and cleanup announcements, Five-Year Reviews, EE/CA reviews, construction/cleanup and post cleanup completion, and at several other times. Region 10 uses public notices for more purposes than the other regions and noted that its philosophy is to have as much communication as possible.

   Figure 1:  Number of Published Required Notices Reported by the Regions 
                                       


Cost of Public Notices

Costs for public notices are entirely dependent upon the newspaper and its circulation. Basically, the rates are highest for daily newspapers in large metropolitan areas and lowest in small rural towns. The rates for daily newspapers in large metropolitan areas vary from $2,800 (Sacramento Bee) to $3,500 (Houston Chronicle). Costs for small rural newspapers are significantly less. For example, the Harland (KY) Daily Enterprise charges $60 for an ad, which is the lowest rate cited by the regions. The highest rate cited by the regions for a small newspaper is $150 (Zanesville, OH Reporter). Region 6 noted that rates for small town newspapers vary from zero to $250 per ad. In general, regions usually can expect to pay about $3,000 for ads in large daily newspapers and often less than $100 for small rural newspapers.

Based on the survey responses, it is not possible to obtain an accurate total amount that the regions spent to publish public notices in FY 2011 (see Table 2 for Regional responses) as Regions 1, 5 and 6 did not provide any cost information. Based on information provided by seven regions, it is estimated the average cost per public notice is $884. 

        Table 2:  Total and Average Costs for Public Notices in FY 2011
                                    Region
                                    Ad Cost
Number of Ads
Average Cost
Comments
                                       1
                                                                               
                                       
                                                                               
Did not report cost
                                       2
                                                                        $31,000
                                      20
                                                                         $1,550
Approximate cost only for required ads 
                                       3
                                                                        $17,000
                                      20
                                                                           $850
Approximate cost only for required ads 
                                       4
                                                                       $123,000
                                      86
                                                                         $1,430
Includes costs for required and non-required ads.
                                       5
                                                                        $26,360
                                      60
                                                                               
This amount only reflects costs for 5 CICs.  Also, some CICs use contractor support to purchase ads, and the reported ad costs do not reflect contractor purchased ads. Therefore, an average cost was not calculated.
                                       6
                                                                               
                                       
                                                                               
Did not report cost
                                       7
                                                                        $10,900
                                      31
                                                                           $352
Includes costs for required and non-required ads.
                                       8
                                                                        $12,500
                                      18
                                                                           $694
Includes costs only for required ads.
                                       9
                                                                        $25,187
                                      29
                                                                           $868
Includes costs only for required ads.
                                      10
                                                                        $28,056
                                      76
                                                                           $369
Includes costs for required and non-required ads.

Types of Public Notices 

In FY2011, the regions purchased three different types of public notices, including display ads, legal notices, and classified ads. Just over 90% of public notices were display ads. All of the regions prefer using display ads because they are more likely to be noticed and read by newspaper readers. Regions 4, 5, and 6 are the only regions that purchased legal notices and only Regions 4 and 6 used classifieds. Legal notices and classifieds were only used when display ads were impractical, mostly because of the expense. Occasionally at some sites, Region 7 has published a display ad in a local newspaper and also a legal notice in a large metropolitan daily newspaper.

The advertisement size varied by and within regions. For display ads, the advertisement size varies from 1/16 page to a full-page. Most regions use 1/8 and 1/4 page ads (see Figure 2). The primary factor for determining ad size is cost, which is based on the size of the ad, location within the newspaper and the day of the week. A secondary factor is the amount of text contained within the advertisement. For example, display ads for a proposed plan contain more text and are therefore larger. A related factor is the legibility of the ad, which reflects the amount of text and the size. The ad size may need to be larger to accommodate more text. Interestingly, only Region 5 noted that it uses a full-page ad. Region 10 specifically indicated that it never uses full-page ads because the public usually reacts negatively to a full-page notice. Specifically, the public "sees a full-page ad as bad news, especially when it comes from EPA." 

All but two of the regions use templates for their public notices. Only Regions 2 and 8 do not use templates; however, Region 8 does have a template for a public notice at the start and completion of a Five-Year Review.

                      Figure 2:  Ad Sizes Used by Regions
                                       

Supplemental Publication of Public Notices 

All of the regions responding to the survey indicated that they publish identical notices in daily/weekly neighborhood or smaller circulation newspapers/newsletters closer to the site. These notices are in addition to publishing notices in major local newspapers. The types of publications include neighborhood weeklies, neighborhood association newsletters, penny savers, weekly shoppers or circulars, free weekly newspapers, Spanish-language weeklies, and small town newspapers. Region 6 routinely checks for small local papers near a site. These papers generally have a small circulation, are placed in public areas, and often are free. In general, the regions will publish in newspapers/newsletters/circulars that are specifically targeted to a particular audience, such as a homeowners association or ethnic group. The regions learn of these publications from community members who tell them which local papers or newsletters they are likely to read. There are minimal costs, if any, for publishing in these papers. The fact that the regions publish identical notices in local newspapers/newsletters/circulars is an indication that they believe additional notice is needed to effectively reach the targeted community. The regions evidently believe that notices in local community publications are more likely to be read by the targeted community. Essentially, the regions take the time and effort to publish ads in these papers to increase the probability that the ads will be seen. 

Occasionally, a print advertisement purchased from a major newspaper may also appear on the web version of that paper. Whether a notice appears on the web version of a newsletter depends upon the paper. Some newspapers will include the ad on the web for no additional charge, others will charge an extra fee for web publication, and others do not offer the option.


Staff Responsible for Publishing Notices

Generally, the CIC assigned to a site is responsible for producing an advertisement or notice and arranging for its publication; however this responsibility varies by region. In almost all regions, the CIC is responsible for writing the content of the notice. In Regions 2 and 4, the RPM and support staff may contribute to the development of a notice and in some regions a contractor may prepare it. Contractors also have been used by Regions 5, 6, and 9 to arrange and pay for ads. In other regions, such as 4, 7 and 10, support staff may either assist with or be responsible for arranging for publication. Several regions, particularly Region 5, mentioned a thorough review process. In Region 5, a CIC prepares a notice, which is then proofed by an editor. Next it is reviewed by the Office of Regional Counsel for legal issues, after which it also is reviewed by the RPM/OSC, Office of Public Affairs, and the CIC's supervisor.

On average, two to four hours are needed to prepare a notice and arrange for its publication. Of the nine regions answering this question, one claims it takes less than two hours, five of them indicated two to four hours, one indicated four to six hours, and two regions claim that over eight hours are needed. The three regions (Region 5, 6, and 10) claiming more than four hours all included review time in their estimations. It is not possible to discern whether all of the regions included review time in their responses. Region 5 mentioned that the purpose of the ad also impacts the time needed to prepare it and arrange for its publication. For example, a notice for a Five-Year review takes less time as the content is limited; whereas a notice for a proposed plan requires more time because there is more information to include in the notice.

Effectiveness of Public Notices 

The survey included questions concerning the regions' perception of the effectiveness of public notices and other outreach techniques. The first question asked about the effectiveness of publishing notices in papers to notify and involve the public about the Superfund process. As shown by Table 3, seven of the regions rated public notices as "Somewhat Effective" (a score of 3 on a 5 point scale) and one rated it between somewhat and very effective (a score of 4).The average rating of the effectiveness of public notices is 3.11. Several regions noted that they have not measured the effectiveness through polling or other means. In fact, Region 3 did not answer the question for this reason.

                   Table 3:  Effectiveness of Public Notices
                                       
Ineffective
                              Somewhat Effective
                                                                 Very Effective
                                Rating Average
                                Response Count


                                   88.9% (8)
                                   11.1% (1)

                                     3.11
                                       9

The comments provided by the regions are more informative and insightful than the rating. For example, several regions noted that the effectiveness of public notices is primarily dependent upon the target audience and geographical location of the community. Public notices seem to be most effective when the target audience resides in areas where newspapers are still widely read. Several regions identified these areas as small or rural towns where people prefer newspapers to Internet news sources, communities with limited Internet access, and those communities with many older populations. An example of the effectiveness of public notices was cited by Region 2, which has been informed by some community members that they attended a meeting because they learned of the meeting through a notice. Ads also can be effective when the community already is interested in the site or the newspaper already has published articles about the site. Region 5 cited an example where a public notice triggered the interest of a reporter, who eventually wrote an article about the site. In this case, the article was far more effective informing the community than the public notice. Several regions noted that local papers serving a smaller population are more effective than larger papers with a much greater circulation, primarily because the smaller papers are distributed directly within the community for which the ad is targeted.

According to the regions, public notices do not seem to be as effective in large metropolitan areas because newspaper circulation is declining and many people prefer to receive their news through other media (television, radio, or Internet). An indication of the ineffectiveness of public notices is that when Regions 4 and 6 recently asked how the public learned of the site or a meeting, the community members have never mentioned a newspaper ad.

The regions were asked whether they use additional methods to inform the public for activities that require public notification through a newspaper, such as a notice about proposed plans, and if so, to rate the effectiveness of the method. Ten specific activities were listed that the regions could select, including announcements at meetings, email messages, fact sheets, flyers, letters, newspaper articles, post cards, social media, telephone calls, and websites. In addition, the regions could list other activities that they have used. For the activities each region selected, the region also rated the effectiveness of the activity using a five-point scale ranging from 1 (ineffective) to 5 (very effective). Table 4 summarizes responses to this question. Note that Region 3 did not respond to this question, but indicated that it has used many of the activities. Specifically, Region 3 has used announcements at meetings, email messages, fact sheets, flyers, post cards, telephone calls, and websites, to supplement a required public notice. However, it has not measured the effectiveness of these approaches.

The responses to this question indicate that all of the regions perform additional outreach activities to supplement the publication of a required notice to announce an event or activity. In addition to the ten listed activities, the regions identified four other activities. One of these activities, "door to door," was identified by three separate regions. The other three activities were each identified by just one region. These activities include 1) word of mouth from leaders/influencers, 2) flyers/posters from leaders/influencers, and 3) a combination of outreach activities. Given that only one region identified each of these activities, they are not included in Table 4.

Table 4:  Other Outreach Activities Used to Supplement Public Notices and Their Effectiveness
                                       
Activity
Ineffective
                              Somewhat Effective
                                                                 Very Effective
                                Rating Average
                                Response Count
Other: Door to Door
                                       
                                       
                                       
                                   66.6% (2)
                                  33.3.% (1)
                                     4.33
                                       3
Email Message
                                       
                                       
                                    50% (4)
                                    25% (2)
                                    25% (2)
                                     3.75
                                       8
Telephone Calls
                                       
                                       
                                   37.5% (3)
                                    50% (4)
                                   12.5% (1)
                                     3.75
                                       8
Fact Sheet
                                       
                                       
                                    50% (4)
                                   37.5% (3)
                                   12.5% (1)
                                     3.625
                                       8
Newspaper Article
                                       
                                       
                                    50% (3)
                                    50% (3)
                                       
                                     3.50
                                       6
Social Media
                                       
                                    20% (1)
                                    40% (2)
                                    40% (2)
                                       
                                     3.20
                                       5
Announcement at Meeting
                                       
                                   12.5% (1)
                                    75% (6)
                                       
                                   12.5% (1)
                                     3.125
                                       8
Flyers
                                       
                                   12.5% (1)
                                   62.5% (5)
                                    25% (2)
                                       
                                     3.125
                                       8
Post Cards
                                   12.5% (1)
                                       
                                    50% (4)
                                   37.5% (3)
                                       
                                     3.125
                                       8
Letter
                                       
                                   28.6% (2)
                                   57.1% (4)
                                   14.3% (1)
                                       
                                     2.86
                                       7
Website
                                       
                                    25% (2)
                                   62.5% (5)
                                   12.5% (1)
                                       
                                     2.875
                                       8
Other:  Door to Door was identified by three regions. The specific comments are: 
   1) Door to door distribution of information (Rated "4")
   2) Visiting stakeholders at their offices or canvassing and visiting community (rated a "5")
   3) Other activities could be a door-to-door outreach (rated a "4")


Clearly, the regions do not just rely on public notices to inform and engage the public at the stages of the Superfund process that require a public notice. In fact, the public notice is just one approach among many that the regions use to inform and engage communities. One possible explanation for this is that the
regions recognize that relying on a public notice to inform the public may be important to meet the statutory and regulatory requirements, but more needs to be done to ensure the public is adequately informed. 

Of the activities the regions use to supplement a public notice, the regional survey results indicate that email messages, telephone calls, and door-to-door outreach are the most effective. These activities rated a 3.75 or higher. Essentially, direct communication to an individual is deemed to be the most effective approach. Conversely, the least effective approaches are letters and websites, each of which ranked below 3. Although letters would seem to be a form of direct communication, it was noted by Region 10 that people treat letters from EPA as junk mail and do not read them. All of the other activities were considered somewhat effective with scores ranging from 3.125 to 3.625. This compares to a rating of 3.11 for public notices, indicating that public notices are considered less effective than most other outreach approaches. Public notices only scored higher than letters and websites.

Additional Comments

Survey respondents were provided an opportunity to offer comments about public notices. Many of these comments capture the key issues with public notices. These verbatim comments include:

   *    Newspaper advertising is getting outdated fast. And it costs. As our time is limited and budgets decrease, we need to adjust to less costly and more available means - social media, email, web, etc. On the other hand, some of our communities are less sophisticated than others, so a paper ad still has some value.
   *    Newspaper ads should not be "required." Even before the Internet, it was an ineffective way to "notify" the public. Many people don't/didn't regularly read newspapers. Ads can be used in addition to other things like web sites, fact sheets, and email blasts. Facebook, Twitter, and other forms of social media are the way to go and to get people talking about us.
   *    Public notices are still necessary because the older generations still read papers and the free ad on the paper's web site is of some use. But it's too bad they often cost so much. In small places the bang for the buck is good, but not in big expensive locations.
   *    Public notices are tried and proven, but citizens have stated to us that they did not see the ad but found out about the issue through other means. We have to know and understand the respective community and who the stakeholders are at any given site. As every site or project is different, a site team needs to develop a communication strategy that uses a mix of outreach approaches while considering costs.
   *    One of the biggest constraints in using advertisements for public notices is the rising costs of newspaper ads. We are limited to spending not more than $3,000, but in most large cities, costs have gone up significantly. General mailings also do not work well unless they are to a specific, small community. Most of the general mailings get tossed into the garbage/recycling. However, fact sheets that are mailed to specific mailing lists (where the people/businesses have requested to be included) can be effective for many of our projects. Also, sending information in an email seems to be fairly effective because those who have asked to be on the email list are expecting emails from us.
   *    I have had OK responses about proposed plan public meeting announcements and better responses from direct mailing of fact sheets. Many times I'll place an ad and though it ran in the newspaper, there's not much response. To me, it's going through the motions and a requirement but I'm not sure how much folks pay attention. 

Conclusions and Recommendations

Conclusions

   *    There is not a consistent or common understanding of the term, "major local newspaper of general circulation." In fact, each region, and even CICs within a region, recognize variability in the meaning of "major local newspaper of general circulation." Some regions, such as Regions 2 and 8 consider the largest circulation newspaper in the area. Others, such as Regions 3, 4, and 5 typically use newspapers that community members have said are most likely to be read by the community. Region 7 combines these two approaches.
   *    Fewer people are reading daily newspapers as evidenced by declining circulation and many papers have ceased operations, reduced content, or are no longer publishing on a daily basis. Basically, the number of newspapers is shrinking as is the circulation of existing papers, even large dailies. Evidence of this is available through published sources. In addition, the regions have anecdotal evidence that fewer people are reading newspapers, particularly younger people and those who live in large cities. According to the regions, individuals who continue to read papers are either of an older generation or reside in small or rural towns. Essentially, the effectiveness of public notices is wholly dependent upon the demographics of the community (aged versus younger), the location of the community (large urban area versus small or rural towns), the target audience of the newspaper (large metropolitan area or specific community), and the existence of a newspaper that is read by the targeted community. Thus, for example, publishing a public notice in a newspaper in a small or rural town can be effective, as can a notice in a community with a large number of senior citizens. Conversely, if the target audience resides in a large metropolitan area or is younger, publishing ads is not as effective. The effectiveness of public notices truly is community and situation specific. 
   *    Newspaper advertisements can be costly, especially display ads in large cities. Costs can range from $2,800 to $3,500 for newspapers in mid to large cities, such as Sacramento, CA, and Houston, TX. 
   *    Regions employ a variety of approaches to meet the public notice requirements and to ensure the notices are effective.  Display ads are used whenever possible, which is 90 percent of the time. The largest ad size is purchased whenever possible and is only limited by budget and cost. In addition, ads are placed in parts of the paper where the ad is most likely to be seen. The only time a legal notice or classified ad is used is when the cost is prohibitive for a display ad. This only happens with large daily metropolitan newspapers.
   *    In addition to publishing notices in major local newspapers of general circulation, all of the regions publish identical notices in community newspapers, newsletters, circulars or some other publications that are distributed only within the community. This is an acknowledgement that the use of multiple vehicles increases the visibility of site activities for the target audience. Some regions reported that there is a greater probability that impacted citizens are more likely to view and read an ad in a small community publication than in a large daily newspaper. 
   *    The regions reported public notices provide one option among many methods to communicate information to the public as all of them routinely publish notices for occasions that are not required by statute or regulation. In fact, Region 10 published 76 display ads in FY 2011, of which only 22 were required. The reasons for this are that the ads are published in small town or rural newspapers that are read by the targeted community and that the ad rates for these newspapers are relatively inexpensive. The average cost for a public notice in Region 10 is only $369, which is the lowest rate among the regions. Consequently, publishing notices seems to be a cost-effective way to communicate information to impacted communities. The same is not true in other Regions. For example, the average cost for a public notice in Regions 2 and 4 is about $1,500 per ad, which depending upon the target audience, is generally not particularly effective.




Recommendations 

By statute and regulation, EPA is required to publish notices to announce specific activities or milestones during the Superfund process. These requirements were established over 25 years ago before the advent of the Internet, email, and social media and the expansion of Superfund's community involvement program. When the requirements were first established, publishing notices was a common approach to notify impacted communities. Now, however, publishing notices is just one approach among many. The community is better served when EPA takes a strategic approach and uses communication and outreach methods that are best suited to the community and situation. Being required to use public notices at certain stages of the Superfund process can be inefficient and ineffective depending on the community and circumstances. Consequently, the following recommendations should be considered:

   *    Should the existing CERCLA, NCP and TAG rule requirements remain as is, several actions can be undertaken to improve the effectiveness of public notices. These include:
         oo       Develop a definition of "major local newspaper of general circulation" that provides the regions flexibility in identifying the most appropriate newspaper to publish a notice. This definition should emphasize that the appropriate newspaper is the one or two that are most likely to be read by the impacted community. Such a newspaper could be a weekly community publication (newspaper, newsletter, circular, etc.) instead of a large daily metropolitan paper. The advantage of this approach is that the ads probably will be less expensive and there is an increased probability that they will be noticed by the impacted community.
         oo       Develop general guidelines and standard templates of public notices for each stage of the Superfund process where public notices are required. This will ensure a more consistent approach across and within the regions and also reduce the time required to develop notices. These guidelines should include information on when to use the various ad types and sizes. Given the cost differences between display ads and legal notices, guidelines for when to use each ad type could reduce costs. For example, a legal notice may be the preferred approach for notifying the public of the availability of the ROD as this notice only announces that the final decision has been made; public comments are not solicited in this notice.
   *    Remind the regions that publishing a public notice during a Five-Year Review is not a statutory or regulatory requirement. Rather, it is one method for informing the community. The Comprehensive Five-Year Review Guidance recommends that at a minimum the community should be notified when a Five-Year Review is started and also when the review is completed. The guidance clearly states that the "CIC can recommend appropriate communication vehicles for notifying the public (e.g., publishing a public notice in the newspaper, radio announcement, etc)." Given that many regions consider publishing notices a requirement at this stage, clarifying this issue should help to ensure that notices are one of several options for notification of the public during a Five-Year Review. 
   *    Make a minor modification to the NCP by altering the language from publishing a notice in a major local newspaper of general circulation to "informing the public through accepted outreach methods" or similar wording. The statutory and regulatory provisions dictate the specific communications approach, i.e., "public notices," even though public notices may or may not be the most effective communications approach. Currently, the regions publish required notices during the Superfund process and almost always supplement those notices with numerous other community involvement and outreach activities to ensure communities are adequately informed of Superfund activities. The fact that this is done reflects a lack of confidence by the regions that a public notice is by itself an effective way to inform communities. Consequently, the regions conduct numerous other activities to ensure information reaches the target audience. The methods used to supplement a public notice are based on the needs of the community as determined through community interviews and dialogue with the community. The survey results report that in many cases, the regions are publishing notices because they are required, not because they are the preferred communications method. Modifying the NCP will allow the regions to adopt a communications approach that is more appropriate to the community and stage of the Superfund process. In some cases, publishing a public notice may be the most economical and effective way to inform the public. However, this is dependent upon the situation, community, and existence of a publication specifically distributed within the targeted community. Superfund site teams need the flexibility to design a communications approach suitable for the community and the situation. 
   *    Modify the site profile pages so that significant events requiring public notice are shown with links to supporting information (e.g., proposed plan, ROD).  The consistent inclusion of this information will make it easier for communities to see what has occurred at a site.  This area of the site profile should also include information on the Community Involvement Plan as well as any support provided to assist communities in better understanding the cleanup process.


       Attachment A:  CERCLA/NCP/TAG Rule Provisions for Public Notices

                                    Action
               CERCLA/NCP/TAG RuleProvisions for Public Notices
                                   Citation
On-Site Removal Activity Begins In Less Than Six Months
If on-site removal activity must begin within six months, the lead agency must publish a notice in a major local newspaper of general circulation of the availability of the administrative record (AR) file within 60 days of initiation of on-site removal activity.
NCP: 40 CFR §300.415 (n)(2)(i)
NCP:  40 CFR §300.820 (b)(1)
Planning Period of at Least Six Months

If a planning period of at least six months exists prior to initiation of the on-site removal activities, the lead agency must publish in a major local newspaper of general circulation a notice about:
* The availability and brief description of the engineering evaluation/cost analysis (EE/CA); and 
* The availability of the administrative record file.
NCP: 40 CFR §300.415 (n)(4)(ii)
NCP: 40 CFR §300.820 (a)(1)
Receipt of Letter of Intent (LOI) for TAG Application
If a site is listed on the NPL or is proposed for listing on the NPL and a response action is underway, upon receipt of the first Letter of Intent (LOI) from a group to apply for a TAG, EPA must publish a notice in a local newspaper to formally notify other interested parties that they may contact the first group that sent the LOI to form a coalition, or they may submit a separate LOI.
TAG Rule:  40 CFR §35.4110 (b)
Remedial Investigation/ Feasibility Study
The lead agency shall publish in a major local newspaper of general circulation a notice of the availability of the administrative record file at the commencement of the remedial investigation (RI) phase.
NCP: 40 CFR §300.815 (a)
Proposed Plan
After preparation of the Proposed Plan, the lead agency shall publish a notice of availability and brief analysis of the proposed plan in a major local newspaper of general circulation.
CERCLA: 42 USC Sec. 9617 (a)(1) and (2)
NCP: 40 CFR §300.430 (f)(3)(i)(A) 
NCP: 40 CFR §300.515 (e)(1)
Record of Decision
A notice of the availability of the Record of Decision (ROD) must be published in a major local newspaper of general circulation before remedial action begins. It should include a discussion of any significant changes (and the reasons for such changes) to the Proposed Plan and a response to significant comments
CERCLA: 42 USC Sec. 9617 (b)
NCP: 40 CFR §300.430 (f)(6)(i)
Explanation of Significant Differences

If remedial action or enforcement action taken, or the settlement or consent decree entered into, differs significantly from the remedy selected in the ROD, the lead agency must:
   * Publish a notice that briefly summarizes the explanation of significant differences (ESD), including the reasons for such differences in a major local newspaper of general circulation.
CERCLA: 42 USC Sec. 9617 (c)
NCP: 40 CFR §300.435 (c)(2)(i)(B)
ROD Amendment
If differences in the remedial or enforcement action, settlement, or consent decree fundamentally alter the basic features of the selected remedy with respect to scope, performance, or cost, the lead agency must:
   * Propose an amendment to the ROD and issue a notice of availability and brief description of the proposed amendment to the ROD in a major local newspaper of general circulation;
AND when the ROD is amended,
   * Publish a notice of the availability of the amended ROD in a major local newspaper of general circulation.
NCP: 40 CFR §300.435 (c)(2)(ii)(A)
NCP: 40 CFR §300.435 (c)(2)(ii)(G)
NPL Deletion
A notice of availability of the notice of intent to delete a site from the NPL must be published in a major local newspaper of general circulation.
NCP: 40 CFR §300.425 (e)(4)(ii)

               Attachment B:  Public Notice Survey Questionnaire


Instructions

This survey is designed for one person in each Region to complete it. This person will need to consult with his/her colleagues to answer many of the questions. Consequently, we highly recommend that you read the entire survey first and figure out which questions will require the assistance of your colleagues. We also suggest that you only begin the on-line questionnaire after you have obtained the answers to all of the questions.

Note: Unless otherwise specified, the term "major local newspaper" in the survey questions refers to either a "major local newspaper of general circulation" (per CERCLA and the NCP) or "local newspaper" (per the TAG rule). In addition, in some circumstances, both CERCLA and the NCP require the lead agency to publish notices in the Federal Register. This survey focuses only on the publication of notices in major local newspapers, not the Federal Register.

Please complete all survey questions by Friday, March 2, 2012.

If you have any questions please call or email Jean Farrell at 703-603-9055 or farrell.jean@epa.gov.

Thank you for taking the time to complete this survey.


Contact Information

Please provide the following contact information about the person completing the survey. We are asking this information in the event we need to contact you to clarify some of your responses to the survey questions.


1. Name:
   
2. In which Region do you work?

3. Phone Number:

4. Email:


Survey Questions

 1. To meet the public notice provisions of CERCLA, the NCP, and TAG rule, approximately how many advertisements/public notices did your Region publish in Fiscal Year (FY) 2011 in a major local newspaper? Please provide a specific number, if possible, or a range if you only can provide a rough estimate. Include notices only required by statute or regulation and were published for both the removal and remedial programs.


 2. The CERCLA and NCP provisions state that the lead agency shall publish notices in a major local newspaper of general circulation. How does your Region define or determine what is a "major local newspaper of general circulation?"

 3. In FY 2011, what type of advertisement space did you purchase from newspapers for public notices? Please select all that apply.
    __ 	Display advertisement (a small ad placed in various sections of the newspaper)
    __ 	Legal notice (an announcement placed in the legal notice section of the newspaper)
    __ 	Classified advertisement (an ad placed in the classified section of the newspaper)
    __ 	Other (Please explain)

   Please explain your answer. For example, if you checked more than one category, explain the factors you use to determine the type of advertisement. If you only checked one, explain why only that type is used.

 4.    In FY 2011, how many of each ad category did your Region purchase (a specific amount, if possible, or a range if you only can provide a rough estimate)? If the answer is "none" for a specific type, please, write "zero" or "0." If you are unable to answer the question, answer "unknown" in each category.
    __ 	Display advertisement
    __ 	Legal notice
    __ 	Classified advertisement
    __ 	Other (Please explain)

 5. What newspaper advertisement size does your Region use for an advertisement/public notice? Select all that apply.
    __ 	1/16 page
    __ 	1/8 page
    __ 	1/4 page
    __ 	1/2 page
    __ 	Full page
    __ 	Other (Please explain)

 6. How do you determine the advertisement size for a public notice?

 7. Does your Region use a specific template for advertisements/public notices?
    Yes ___ 		No ___ 
    
    If your Region uses a template or multiple templates, please send an electronic copy of each template to Jean Farrell at farrell.jean@epa.gov.
	Add comments below:

 8. What is the total cost in FY 2011 for publishing advertisements/public notices in major local newspapers in your Region? If you used contractor support for purchasing ad space, include those costs in the total. Provide a specific amount, if possible, or a range if you only can provide a rough estimate. If you cannot provide this information, please write "Unknown."
 9. For the past three fiscal years, in your Region, what is the least and most expensive rate for placing an advertisement/public notice in a major local newspaper? Please identify the amount paid, the city, and newspaper for the least and most expensive public notice.

Least Expensive Rate Paid:
$
City, State:

Newspaper Name


Most Expensive Rate Paid:
$
City, State:

Newspaper Name:


 10. In addition to publishing notices in major local newspapers, does your Region also publish identical or similar notices in daily/weekly neighborhood or smaller circulation newspapers closer to the site?
   Yes ___ 		No ___ 

    If the answer is yes, please explain why, and describe the local/neighborhood newspapers by providing general information about these papers, their circulation, and target audience.

 11. When you purchase a print advertisement, does it also appear on the web version of the newspaper?
    Yes ___	No ___ 	Sometimes ___	Don't Know ___
	Add comments below:

 12. Does your Region also publish advertisements/public notices for other purposes not required by CERCLA, the NCP or the TAG rule? For example, some Regions publish notices to announce informal meetings or Five-Year reviews, even though publishing a notice is not required by statute or regulation.
    Yes ___ 		No ___ 
    If the answer is yes, please describe those occasions when your Region published notices not required by statute or regulation. In your answer, please identify when in the Superfund process a notice was used and why it was used. 

 13. How much time is required on average to prepare a single advertisement/public notice and arrange for publication in a major local newspaper? Please check one.
    ___ 	Less than 2 hours
    ___ 	2 - 4 hours
    ___ 	4 - 6 hours
    ___ 	6 - 8 hours
    ___	More than 8 hours
	Add comments below:

 14. Which staff person (CIC, RPM, support staff, etc.) is responsible for preparing an advertisement/public notice and arranging for publication in a major local newspaper? If more than one staff position is responsible, please list all that perform this duty. 

 15. Please rate the effectiveness (on a scale of 1 to 5) of publishing notices in newspapers to notify and involve the public about the Superfund process.
                                       
Ineffective
                              Somewhat Effective
                                                                 Very Effective
Effectiveness of publishing notices in newspapers
                                       1
                                       2
                                       3
                                       4
                                       5
   Please explain your answer.

 16. In general, for activities that require public notification through a newspaper (e.g., notice about proposed plan), do you use additional methods to inform and involve the public? If so, please check all of the methods that you use and indicate (on a scale of 1 to 5) the effectiveness of each method you use.


Ineffective
                              Somewhat Effective
                                                                 Very Effective

Announcement at Meeting
                                       1
                                       2
                                       3
                                       4
                                       5

Email Message
                                       1
                                       2
                                       3
                                       4
                                       5

Fact Sheet
                                       1
                                       2
                                       3
                                       4
                                       5

Flyers
                                       1
                                       2
                                       3
                                       4
                                       5

Letter
                                       1
                                       2
                                       3
                                       4
                                       5

Newspaper Article
                                       1
                                       2
                                       3
                                       4
                                       5

Post Cards
                                       1
                                       2
                                       3
                                       4
                                       5

Social Media
                                       1
                                       2
                                       3
                                       4
                                       5

Telephone Calls
                                       1
                                       2
                                       3
                                       4
                                       5

Website
                                       1
                                       2
                                       3
                                       4
                                       5

Other Activity 1 (explain below) 
                                       1
                                       2
                                       3
                                       4
                                       5

Other Activity 2 (explain below)
                                       1
                                       2
                                       3
                                       4
                                       5

Other Activity 3 (explain below)
                                       1
                                       2
                                       3
                                       4
                                       5
Please provide an explanation for other activities:

 17. Please provide additional comments, ideas, and suggestions about public notices below.



               Attachment C:  Public Notices Survey Data Summary


1. To meet the public notice provisions of CERCLA, the NCP, and TAG rule, approximately how many advertisements/public notices did your Region publish in Fiscal Year (FY) 2011 in a major local newspaper? Include notices only required by statute or regulation and were published for both the removal and remedial programs.

Region 
Number of Ads
                                       2
20 required.  29 non-required notices used for 5-yr-reviews. The combined total is 49.
                                       3
Approximately 15-20
                                       4
 26 required notices. 60 non-required notices for a total of 86
                                       5
58-60
                                       6
By statute, 25-30.  Other Notices as needed to inform the public.
                                       7
17 required notices. 14 non-required for total of 31
                                       8
18
                                       9
29
                                      10
22 required notices. 54 non-required notices for a total of 76.
Total
230-242 required notices. At least 157 notices for other non-required purposes.


2. The CERCLA and NCP provisions state that the lead agency shall publish notices in a major local newspaper of general circulation. How does your Region define or determine what is a "major local newspaper of general circulation?"

                                    Region
Definition of Major Local Newspaper
                                       2
The largest circulation newspaper in the area. We're pretty familiar with size and reach. Our CI branch is in our Public Affairs Division so access to media information is simple.
                                       3
The paper most read by the community as identified in the Community Involvement Plan.
                                       4
Major local newspaper in Region 4 is defined by the county/city the paper covers in relationship to Site(s) location, publication days, and, most especially, if the particular newspaper was identified by community members as a paper that is widely read by members of the community.
                                       5
Region 5 does not have a single approach. Often, there is only one viable paper to place an ad. Sometimes this is a weekly community paper. If there are at least two papers, each CIC decides what constitutes a "major local newspaper of general circulation." Most CICs consider a major newspaper one that is most likely read by the impacted community or one that has the largest circulation. This determination is partly based on asking affected community residents or government officials.
                                       6
As recommended by the CIC and site team.  Also, our contractor may be tasked to do a survey of area newspapers with circulation, coverage, etc.
                                       7
Region 7 defines the major local newspaper by the size of the largest city that is close to the site and/or the community's readership preference.
                                       8
The newspaper that covers State, Regional or City news - not local circulation newspapers.  However, we often work in very rural towns and the only newspaper in circulation is a local newspaper.
                                       9
A major publication usually issued daily, weekly, or at other regular times that provides news, views, features, and other information of public interest (coverage of events in a local context) and often carries advertising.
                                      10
We publish in a number of rural areas so we use the local newspaper that gives us the best coverage for the area. There are not a lot of daily newspapers left in our region so we just usually advertise in the daily paper that is closest to the site. We also advertise in a local weekly if that is a benefit to the project.


3. In FY 2011, what type of advertisement space did you purchase from newspapers for public notices?

                                    Region
                                  Display Ads
                                 Legal Notices
                                 Class-ifieds
Comments on Types of Public Notices Purchased by the Regions
                                       2
                                       X
                                       
                                       

                                       3
                                       X
                                       
                                       

                                       4
                                       X
                                       X
                                       X
Display ads are normally used more often because they are placed in a section of the newspaper that is widely read/viewed by the community.  However, in major cities, the costs of display ads are often very expensive. Therefore, the costs of classified and legal advertisements are considered for lower costs.  Notices for public meetings are usually placed as display advertisements
                                       5
                                       X
                                       X
                                       
Region 5 CICs have been told to place display ads in newspapers because display ads are more likely to be noticed and read by residents.
                                       6
                                       X
                                       X
                                       
Generally, a larger size and near the front of the newspaper. In our largest cities, use of zone editions; small neighborhood papers that may reach a specific area near a cleanup.
                                       7
                                       X
                                       X
                                       
Most of the newspapers that we interact with are small dailies or weeklies, so the rates for the display ads are usually reasonable. However, there are occasions where we may have to publish in both the site city's newspaper and the major publication that may be down the road. In those cases we'll often publish a display ad in the local newspaper and a legal notice in the larger publication.
                                       8
                                       X
                                       
                                       
We always find that display ads are a better way to get people's attention versus having them buried in the classified or in a legal notice which may get even less attention.
                                       9
                                       X
                                       
                                       
Our advertisement is placed in the main section of the newspaper.
                                      10
                                       X
                                       
                                       
We place a legal notice if it is necessary, but in 2011, all of our ads were display ads. We use display ads because the public is more likely to read a display ad and we want to have the best coverage possible.
                                     Total
                                       9
                                       4
                                       1



4. In FY 2011, how many of each ad category did your Region purchase (a specific amount, if possible, or a range if you only can provide a rough estimate)? If the answer is "none" for a specific type, please, write "zero" or "0." If you are unable to answer the question, answer "unknown" in each category.

Region 
                             Type of Public Notice

                                  Display Ads
                                 Legal Notices
                                  Classifieds
                                       2
                                      49
                                       
                                       
                                       3
                                     30-40
                                       
                                       
                                       4
                                      55
                                      21
                                      10
                                       5
                                     49-51
                                       2
                                       
                                       6
                                   85% (26)
                                    10% (3)
                                    5% (1)
                                       7
                                      17
                                       
                                       
                                       8
                         All legally required ads (18)
                                       
                                       
                                       9
                                      29
                                       
                                       
                                      10
                                      76
                                       
                                       
                                     Total
                                    349-361
                                      26
                                      11


5. What newspaper advertisement size does you Region use for an advertisement/public notice? Select all that apply.

Region 
                              Advertisement Size
                                   Comments
                                       
                                   1/16 page
                                   1/8 page
                                   1/4 page
                                   1/2 page
                                   Full page
                                     Other
                                       
                                       2
                                       
                                       
                                       
                                       
                                       
                                       X
Generally 2" x5," determined by newspaper specs
                                       3
                                       
                                       X
                                       X
                                       
                                       
                                       
                                       
                                       4
                                       
                                       
                                       X
                                       
                                       
                                       
                                       
                                       5
                                       X
                                       X
                                       X
                                       X
                                       X
                                       X
Other:  DN 3 column x 7 inches
                                       6
                                       X
                                       X
                                       X
                                       
                                       
                                       
                                       
                                       7
                                       X
                                       X
                                       X
                                       
                                       
                                       
                                       
                                       8
                                       
                                       X
                                       
                                       
                                       
                                       
                                       
                                       9
                                       
                                       
                                       X
                                       
                                       
                                       
                                       
                                      10
                                       X
                                       X
                                       X
                                       X
                                       
                                       

                                     Total
                                       4
                                       6
                                       7
                                       2
                                       1
                                       2


6. How do you determine the advertisement size for a public notice?

Region 
Comments on Types of Public Notices Purchased by the Regions
                                       2
By newspaper specs, legibility and cost
                                       3
Mainly cost.
                                       4
Determined by cost, location in paper, day/date it can be published and if the advertisement will be easily seen by readers.
                                       5
Given Region 5 policy to use display ads, the ads will be at least 1/16th of a page. The size of the ad depends on the amount of text (message) and cost. Consequently, multiple ad sizes are used by the region.
                                       6
This depends on costs, newspaper circulation, urgency of notice, and agency action. Perhaps, if there is a PRP assisting with costs by Agreement, etc.
                                       7
In most cases the cost of the ad determines the size; however, working with the smaller newspapers allows for larger ads, again because of the cost.
                                       8
Through consultation with the paper we'll be using.
                                       9
The CICs write the advertisement text and the Office Manager coordinates with our Contractor, the Government Advertising Department of the California Newspaper Service Bureau, to determine the size of the advertisement in the newspaper.
                                      10
We use the size ad that fits for the specific ad as written; if we need to size it down to fit the newspaper's requirements, we edit or change font size. Generally, we do not use full page ads because they usually have a negative effect on the public (they see a full page ad as bad news, especially when it comes from the EPA). Also, the cost is prohibitive for full-page ads. Actual process involves placing text in a template and sizing the width according to the specific newspaper's column size. Then the total column inches are measured. If the cost is more than $3,000, the ad is edited to bring it under $3,000.

7. Does your Region use a specific template for advertisements/public notices?

                                    Region
                                      Yes
                                      No
                                   Comments
                                       2
                                       
                                       X
                                       
                                       3
                                       X
                                       
                                       
                                       4
                                       X
                                       
                                       
                                       5
                                       X
                                       
                                       
                                       6
                                       X
                                       
This is the standard template that the agency has used for years. Occasionally partner logos such as the State or other agencies will be added
                                       7
                                       X
                                       

                                       8
                                       
                                       X
With the exception of the start of 5 year reviews and when 5 year review is complete and the final report is available which isn't mentioned in this survey.
                                       9
                                       X
                                       
                                       
                                      10
                                       X
                                       
We have three templates, but only two are usually used.
                                     Total
                                       7
                                       2
                                       


8. What is the total cost in FY 2011 for publishing advertisements/public notices in major local newspapers in your Region? If you used contractor support for purchasing ad space, include those costs in the total. Provide a specific amount, if possible, or a range if you only can provide a rough estimate. If you cannot provide this information, please write "Unknown."

Region
Ad Cost
Comments
                                       2
$31,000
Approximate
                                       3
$17,000
Approximate
                                       4
$24,085
For 26 required notices. An additional $98,915 was spent for 60 non-required notices for a total of $123,000 for 86 notices.
                                       5
$26,360
This amount only reflects costs for 5 CICs and is understated as some CICs use contractor support to purchase ads. The total does not reflect contractor purchased ads.
                                       6
Unknown
 If we use a contractor, the costs would include all of their costs and the newspapers' charges for ad space. The Region provided a large number of ads/notices in FY 2011.
                                       7
$4,000
Total cost for both required ($4,000) and non-required ($6,900) ads is $10,900.
                                       8
$10,000 - $12,500

                                       9
$25,187

                                      10
$28,056
This figure includes both required ads and non-required ads.


9. For the past three fiscal years, in your Region, what is the least and most expensive rate for placing an advertisement/public notice in a major local newspaper? Please identify the amount paid, the city, and newspaper for the least and most expensive public notice.

                                    Region
                    Least Expensive Newspaper Advertisement
                    Most Expensive Newspaper Advertisement

                                     Cost
                                  City, State
                                   Newspaper
                                     Cost
                                  City, State
                                   Newspaper
                                       2
$7/column inch.
Geneseo, NY
Livingston County News
$239/column inch
Woodland Park, NJ
Bergen Record/Herald News
                                       3
$200


$2,000


                                       4
$60
Harland, KY
Harland Daily Enterprise
$3,000
Tampa, Fl
Tampa Tribune
                                       5
$150
Zanesville, OH
Reporter
$3,000
Saginaw, MI
Saginaw News
                                       6
Free - $250
Small rural towns, (New Mexico or west Texas)
Various community papers
$3,500
Houston, TX
Oklahoma City, OK
Houston Chronicle, Daily Oklahoman
                                       7
$133
Ogallala, NE
Keith County News
$1,000
Cedar Rapids, IA
Cedar Rapids Gazette
                                       8
Unknown


Unknown


                                       9
$103.53
Selma, CA
Selma Enterprise
$2,800
Sacramento, CA
Sacramento Bee
                                      10
$7.65/column in.
St. Maries, ID
St. Maries Gazette
$141.18/col. inch
Seattle, WA
Seattle Times


10. In addition to publishing notices in major local newspapers, does your Region also publish identical or similar notices in daily/weekly neighborhood or smaller circulation newspapers closer to the site?

                                    Region
                                      Yes
                                      No
                                   Comments
                                       2
                                       X
                                       
Lots of local papers in many communities. Community generally advises us on how they receive their news and, if costs allow, we try to accommodate those needs.
                                       3
                                       X
                                       

                                       4
                                       X
                                       
Often a community will express that they read a neighborhood weekly, neighborhood association newsletter or the "penny saver."  In these cases, we will advertise in these publications. Often these are no to low cost advertising options. In some larger cities, there is often a paper targeted to a specific ethnic group as well. We often advertise in these papers if the target community is a part of this group.
                                       5
                                       X
                                       
Ads have been placed in weekly "shoppers" or circulars, Spanish-language weeklies, neighborhood newsletters, free weekly newspapers, and local small town newspapers.
                                       6
                                       X
                                       
The Region always checks for small, local papers near a site. These are small circulation, and are generally placed in public areas. These are very important to utilize and could include for example, the African-American Statesman, or El Dia and many others.
                                       7
                                       X
                                       
   *  We will often use the local newspaper because the community requests it.
   *  The community knows and respects the local reporter/editor/publisher, because they are in the community.
   *  The local newspaper is not limited to the local community. Many former residents continue to subscribe to stay informed of community activities.
   *  On average, the local newspapers are weeklies or dailies with a circulation of 1500 to 8000.
                                       8
                                       X
                                       
We often use local newspapers because our sites are located in rural areas that have their own newspaper circulation. Circulation depends on the size of the town and or nearby towns. Their targeted audience is the town in which the paper is located, sometimes the entire county if the main rural town is within that county and surrounding communities. For example, the Libby Superfund site has 3 local newspapers and covers Libby, Troy and sometimes Eureka which are the 3 main towns within Lincoln County.
                                       9
                                       X
                                       
The Region publishes notices in neighborhood newspapers to specifically target audiences that may be younger in age (Times Weekly), Spanish speakers (La Prensa Hispana/La Voz), neighborhood association papers, etc.
                                      10
                                       X
                                       
We also publish in local newspapers because the residents of the communities more often purchase or subscribe to the local weekly newspaper. We also publish in specialty newspapers such as those published on reservations because we work with a lot of the tribes in Region 10. In Alaska, we have to advertise in several local newspapers in order to get coverage to the remote areas where some projects are located. There are also some weekly newspapers that are distributed free to all residents so we get great coverage using those newspapers. The local newspapers we use are too numerous to give details here.
                                     Total
                                       9
                                       0





11. When you purchase a print advertisement, does it also appear on the web version of the newspaper?

                                    Region
                                      Yes
                                      No
                                  Some-times
                                 Don't Know
Comments
                                       2
                                       
                                       
                                       
                                       X

                                       3
                                       
                                       X
                                       
                                       

                                       4
                                       
                                       
                                       X
                                       
Lately, newspapers who offer a web version will include the advertisement online at no additional charge.  A few newspapers that offer a web version may charge an additional fee.
                                       5
                                       
                                       
                                       X
                                       
It depends on the paper. Some newspapers include it on the web, some do not, and some charge an extra fee to include the ad on the paper's website.
                                       6
                                       
                                       
                                       X
                                       
Only if requested, and the paper can accommodate.
                                       7
                                       
                                       
                                       
                                       X

                                       8
                                       
                                       
                                       X
                                       

                                       9
                                       X
                                       
                                       
                                       

                                      10
                                       
                                       
                                       X
                                       
If the newspaper includes free web ads, then it goes in the web version; if not then it doesn't. Many of the newspapers we use do not yet have web versions of their newspapers.
Total
                                       1
                                       1
                                       5
                                       2



12. Does your Region also publish advertisements/public notices for other purposes not required by CERCLA, the NCP or the TAG rule? For example, some Regions publish notices to announce informal meetings or Five-Year reviews, even though publishing a notice is not required by statute or regulation.
                                    Region
                                      Yes
                                      No
Comments
                                       2
                                       X
                                       
29 Five-year review ads in most recent FY.
                                       3
                                       X
                                       
5 Year Review. Public meeting/availabilityannouncement. RA Starts.
                                       4
                                       X
                                       
Public notices have been published for Five Year Reviews and informal meetings/availability sessions as well as special events related to the site.
                                       5
                                       X
                                       
Region 5 has a policy requiring ads be published to announce 5-Year Reviews of NPL sites. Ads also have been published to announce some site activities, such as availability sessions, informal meetings, open houses and CAG meetings.
                                       6
                                       X
                                       
For five-year reviews, availability of a TAG, special public events.
                                       7
                                       X
                                       
   *  NPL updates - proposed and final notifications. The ad and fact sheet also include information on the TAG.
   *  Five Year Reviews - start and completion of the reviews.
   *  CAG meetings.
   *  High profile sites - throughout the entire process.
                                       8
                                       X
                                       
Site cleanup activities, sampling activities, question and answer ads, public meeting notices, availability of reports, educational ads, etc.
                                       9
                                       X
                                       
The Region may publish an advertisement not required under CERCLA, NCP or TAG rule when informal community meetings, announcing/extension of a public comment period on a technical document that is being reviewed or when TAG/CAG meetings are announced.
                                      10
                                       X
                                       
In FY 2011, we had 54 ads that were not required by statute or regulation. The regional philosophy is to have as much communication with the public as possible, so we publish ads for a variety of reasons (NPL consideration, 5-year reviews, proposed settlements, construction announcements, cleanup announcements, EE/CA reviews, remedial actions, construction/cleanup completion, planning periods, removal activity, and post-construction completion).
                                     Total
                                       9
                                       0


13. How much time is required on average to prepare a single advertisement/public notice and arrange for publication in a major local newspaper?
                                    Region
                                  < 2 hrs
                                    2-4 hrs
                                    4-6 hrs
                                    6-8 hrs
                                  > 8 hrs
Comments
                                       2
                                       
                                       X
                                       
                                       
                                       

                                       3
                                       
                                       X
                                       
                                       
                                       

                                       4
                                       
                                       X
                                       
                                       
                                       

                                       5
                                       
                                       
                                       X
                                       
                                       
Ten CICs answered this question. The average is 4-6 hours. Responses to this question varied from less than 2 hours to more than 8 hours. Half believe it takes 2-4 hours to prepare a public notice. The biggest factor is the review process, which involves an editor, OPA, ORC, RPM/OSC and CIC supervisor. The time needed to complete an ad also depends on the purpose; an ad for a 5-Year Review takes less time as there is less content. An ad for a proposed plan takes longer since there is more information to include.
                                       6
                                       
                                       
                                       
                                       
                                       X
the review process, and arrangements with the publication
                                       7
                                       X
                                       
                                       
                                       
                                       
   *  CIC generates the ad in less than 2 hours
   *  CIC puts ad in concurrence
   *  CIC interacts with newspaper - determines size and cost
   *  CIC works with executive office manager to establish funding and pay for ad
   *  Executive Office Manager works with budget to pay for ad
   *  CIC receives proof of publication - sends to Superfund Record Center for site filing
                                       8
                                       
                                       X
                                       
                                       
                                       
It is very simple to do and should not require the use of a contractor.
                                       9
                                       
                                       X
                                       
                                       
                                       

                                      10
                                       
                                       
                                       
                                       
                                       X
This time includes the time for a CIC to write the ad; an edit of the text; extensive review that includes Unit Manager, CIC, and Site/Project Manager(s); time spent working with newspaper to determine size requirements and specific costs; preparing the ad in the template and sizing it appropriately; time to send through financial review/approval process; sending the ad to the newspaper along with affidavit and instructions on sending tear sheets, invoice, and affidavit back for payment; following up on the invoice, etc., with newspaper; making copies as needed (for Superfund Records Center, CIC, and my files); and time for an administrative assistant to pay the invoice and file the original documents.
                                     Total
                                       1
                                       5
                                       1
                                       
                                       2



14. Which staff person (CIC, RPM, support staff, etc.) is responsible for preparing an advertisement/public notice and arranging for publication in a major local newspaper? If more than one staff position is responsible, please list all that perform this duty.

Region 
Response to Question
                                       2
Generally CIC, but RPM, support staff and contractors may contribute depending on site
                                       3
CIC
                                       4
CIC, RPM and/or support staff prepares advertisements/public notices, depending upon the type of advertisement.  Arrangements to publish them are the responsibility of the CIC and/or support staff.
                                       5
CIC prepares it, editor edits it, ORC reviews it for legal issues, and RPM/OSC, Office of Public Affairs and CIC supervisor all review it. Sometimes, a contractor may write the initial draft of the notice.
                                       6
The responsible CIC, and the person with oversight of the CI contractors.
                                       7
See response for question 13. (Primarily the CIC with assistance from the Executive Office Manager) 
                                       8
CIC
                                       9
CIC is responsible for the content. Office Manager coordinates with the California Newspaper Bureau.
                                      10
CIC, RPM, support staff (both Public Involvement Specialist and Administrative Assistant), Unit Manager, Financial Analyst, CO Authority.
15. Please rate the effectiveness (on a scale of 1 to 5) of publishing notices in newspapers to notify and involve the public about the Superfund process.

                                    Region
Ineffective
Somewhat
                                   Effective
                                                                 Very Effective
Comments
                                       2


                                       X
                                       

We don't always poll respondents or meeting attendees, but when we do, we find that some people were brought to the meeting via an ad.
                                       3


                                       
                                       

We have not measured this.
                                       4


                                       X
                                       

Publishing notices in newspapers are only "somewhat effective" because when communities have been questioned about how they want to receive information, or found out about a meeting or comment period, often they respond that they found out by mail, phone calls and/or word of mouth.
                                       5


                                       X
                                       

The average of 10 CICs is 3.1. Publishing notices is somewhat effective depending on the target audience. Fewer people have newspapers delivered and many people do not read a paper. Plus, many newspapers are no longer printed on a daily basis and many have ceased operations. However, in communities with older populations that are not technologically savvy it seems that people still read the paper. In this case, a public notice can be effective. They also are effective where the community is interested in site activities. In one case, an ad triggered the interest of a reporter, who wrote an article about the site. The article was more effective in informing the community than the ad.
                                       6


                                       
                                       X

Perhaps still the best method to reach most of the affected public, however citizens have stated to us that "no" they did not see the ad but found out about the issue through other means. The Region is working to develop e-mailouts, web sites, etc to support notices.
                                       7


                                       X
                                       

The effectiveness of the ad depends on the community. Some communities rely heavily on the newspaper notices, in addition to a mailing, while others do not.
                                       8


                                       X
                                       

Through our community communications we hear fewer people are reading larger newspapers than before or they read the online version that often has limited advertising. Local ads seem to be more effective and far less expensive.
                                       9


                                       X
                                       

We believe it is somewhat effective as many of our communities are mixed in age, economic status and access to the internet.  In many of our major cities, the internet or online news/communication is preferred.  The rural areas of our communities still prefer the local newspaper over the online source (as they may not have connectivity in their communities). The senior citizens in our communities also prefer local newspaper to get site specific information.
                                      10


                                       X
                                       

Using display ads are more effective than just classifieds or legal notices; most people just glance through classifieds looking for something specific and most do not read the legal notices. Display ads can catch the attention of people and they will read them.
                                     Total


                                       7
                                       1





16. In general, for activities that require public notification through a newspaper (e.g., notice about proposed plan), do you use additional methods to inform and involve the public? If so, please check all of the methods that you use and indicate (on a scale of 1 to 5) the effectiveness of each method you use.

Activity
Ineffective
                              Somewhat Effective
                                                                 Very Effective
                                Rating Average
                                Response Count
Announcement at Meeting
                                       
                                   12.5% (1)
                                    75% (6)
                                       
                                   12.5% (1)
                                     3.125
                                       8
Email Message
                                       
                                       
                                    50% (4)
                                    25% (2)
                                    25% (2)
                                     3.75
                                       8
Fact Sheet
                                       
                                       
                                    50% (4)
                                   37.5% (3)
                                   12.5% (1)
                                     3.625
                                       8
Flyers
                                       
                                   12.5% (1)
                                   62.5% (5)
                                    25% (2)
                                       
                                     3.125
                                       8
Letter
                                       
                                   28.6% (2)
                                   57.1% (4)
                                   14.3% (1)
                                       
                                     2.86
                                       7
Newspaper Article
                                       
                                       
                                   50.0% (3)
                                   50.0% (3)
                                       
                                     3.50
                                       6
Post Cards
                                   12.5% (1)
                                       
                                    50% (4)
                                   37.5% (3)
                                       
                                     3.125
                                       8
Social Media
                                       
                                   20.0% (1)
                                   40.0% (2)
                                   40.0% (2)
                                       
                                     3.20
                                       5
Telephone Calls
                                       
                                       
                                   37.5% (3)
                                    50% (4)
                                   12.5% (1)
                                     3.75
                                       8
Website
                                       
                                    25% (2)
                                   62.5% (5)
                                   12.5% (1)
                                       
                                     2.875
                                       8
Other 1: Door to Door
                                       
                                       
                                       
                                   66.6% (2)
                                  33.3.% (1)
                                     4.33
                                       3
Other 2: Word of Mouth from Leaders/Influencers 
                                       
                                       
                                       
                                       
                                  100.0% (1)
                                     5.00
                                       1
Other 3: Flyers/Posters from Leaders/Influencers 
                                       
                                       
                                       
                                  100.0% (1)
                                       
                                     4.00
                                       1
Other 4: Combination of Outreach Activities
                                       
                                       
                                       
                                  100.0% (1)
                                       
                                     4.00
                                       1

Other 1 is a combination of comments from three regions. The specific comments are:
   *   Door to door distribution of information. Rated a "4."
   *   Visiting stakeholders at their offices or canvassing and visiting community. Rated a "5."
   *   Other activities could be a door-to-door outreach. Rated a "4"

Other 2 is from one Region. The specific comment is: Word of mouth via community leaders and influencers. Rated a "5."	

Other 3 is from one Region. The specific comment is: Poster and flyers distributed by community leaders/influencers.  Rated a "4."

Other 4 is from one Region. The specific comment is: Not everyone has access nor uses electronic media. This process...has to be a combination of all these. Rated a "4."

Region 3 did not respond to this question, but noted it has used many of the activities -- specifically  announcement at meeting, email message, fact sheet, flyers, post cards, telephone calls, and website -- but  has not measured the effectiveness.



17. Please provide additional comments, ideas, and suggestions about public notices.

Region 
Response to Question
                                       2
Newspaper advertising is getting outdated fast. And it costs. As our time gets more precious and our budget decreases, we need to adjust to less costly and more available means - social media, email, web, etc. On the other hand, some of our communities are less sophisticated than others, so a paper ad still has some value.
                                       5
1. Newspaper ads should not be "required." Even before Internet, it was an ineffective way to "notify" the public. Many people don't/didn't regularly read newspapers. Ads can be used in addition to other things like web sites, fact sheets, and email blasts. Facebook, Twitter, and other forms of social media are the way to go and to get people talking about us. 2. I have had OK responses about proposed plan public meeting announcements and better responses from direct mailing of fact sheets. Many times I'll place an ad and though it ran in the newspaper, there's not much response. To me, it's going through the motions and a requirement but I'm not sure how much folks pay attention. 3. They are still necessary because the older generations still read papers and the free ad on the paper's web site is of some use. But it's too bad they often cost so much. In small places the bang for the buck is good, but not in big expensive locations.
                                       6
See above, but first, we have to know and understand the respective community and who the stakeholders are at any given site. Every site or project is different. Public notices are tried and proven, but a site team needs to develop a communication strategy that uses a mix of the above items while considering costs.
                                       8
At a minimum we're required to notify the community when a 5 year review is being conducted at a site and when the 5 year is completed. As far as I can tell this survey isn't factoring those notices into consideration.
                                      10
One of the biggest constraints in using advertisements for public notices is the rising costs of newspaper ads. We are limited to spending not more than $3,000, but in most large cities (Portland, OR; Seattle and Spokane, WA; and Anchorage, AK), costs have gone up significantly. Also, these papers no longer use a "column-inch cost" for determining charges for their ads, so I must spend more time working directly with an advertising representative to determine the costs of our ads. General mailings also do not work well unless they are to a specific, small community (such as some of the smaller towns in Idaho or Alaska, or rural areas of Oregon or Washington). Most of the general mailings get tossed into the garbage/recycle. However, Fact Sheets that are mailed to specific mailing lists (where the people/businesses have requested to be included) can be effective for many of our projects. Also, sending information in an email seems to be fairly effective because those who have asked to be on the email list are expecting emails from us.



