40 CFR Part 124 and EPA Initiatives

Transcription

1 40 CFR Part 124 and EPA Initiatives Sonya Sasseville Office of Resource Conservation and Recovery Helena Healy Office of Site Remediation Enforcement 1

2 Introduction 40 CFR Part 124 includes requirements that govern how the public must be involved in EPA decision-making procedures. Regulatory requirements in part 124 and supplemental l guidance material provide a solid foundation for meaningful and equitable public participation. The purpose of this session is to discuss: Part 124 as the regulatory basis -- the minimum -- for the public involvement activities we conduct as part of RCRA actions, and How we go beyond the minimum in order to more fully implement key program goals for community engagement and environmental justice. 2

3 Background: 40 CFR Part 124 Procedures for Decision-making 40 CFR part 124 was promulgated in It contains EPA procedures for issuing, modifying, revoking and reissuing, or terminating all RCRA, UIC, PSD and NPDES permits, as well as for denial of a RCRA permit. Part 124 includes requirements for public participation, as outlined in the Administrative Procedures Act (APA), including: Providing information and soliciting comments on all proposed and final Agency actions; Incorporating public comments into the decision-making process; and Establishing an appeals process for certain Agency decisions (e.g., permit issuance and denial). 3

4 40 CFR Part 124: General Public Participation Requirements Part 124 subpart A contains general program requirements regarding permit applications and permit processing. It includes traditional public involvement steps, such as Public notice of permit actions (e.g., draft permit issuance, tentative permit denial, public hearing scheduled, appeal granted), Public comments and response to comments, Requests for and holding public hearings, Appeal of permit decisions. 4

5 40 CFR Part 124: General Public Participation Requirements The timing and methods for public participation are set forth in For example, this section: Establishes a 45 day public comment period for RCRA permit actions. Identifies to whom EPA must provide notifications. Articulates how to develop a facility mailing list. Part 124 methods for providing notices to the public are based on RCRA statutory language. RCRA 7004(b)(2)(a) ) and 40 CFR (c)(2)(ii) ) both require notice of a RCRA permit action to be published in a major local newspaper of general circulation and broadcast over local radio stations. The content of notices is also prescribed in (c). Note: Public participation requirements during RCRA permit modifications also are included in 40 CFR

6 40 CFR Part 124: Expanded RCRA Public Participation Requirements Over time, concerns were raised by stakeholders that the RCRA permitting process did not involve the public at an early stage in the process and did not provide adequate information. In 1995, EPA established additional requirements in part 124 subpart B applicable specifically to RCRA permits. The facility owner/operator must advertise and conduct a meeting with the community before submitting a permit application ( ). EPA must provide public notice when an application is received and make the application available to the public for review ( ). Authority for the Director to require a facility owner/operator to establish, maintain, and provide public notice of an information repository ( ). 6

7 40 CFR Part 124: Expanded RCRA Public Participation Requirements EPA had proposed including a requirement for permitting agencies and facilities to make all reasonable efforts to ensure equal opportunity for the public to participate in the permitting process. The proposed rule language defined reasonable as including use of multilingual fact sheets and interpreters at meetings and hearings when the affected community contains a significant non-english speaking population. It was intended to address environmental justice concerns. EPA did not include that provision in the final rule. The Agency received comments regarding the ambiguity of the proposed language, and the difficulties that ambiguity would create with regard to compliance. EPA chose to encourage the principles of that proposed provision through guidance. 7

8 Taking the Next Steps: Going Beyond the Regulatory Requirements December 20, 1995 guidance memorandum from Elliott Laws (then AA of OSWER) to the EPA Regional Administrators on the implementation of the RCRA Expanded Public Participation Rule. Encouraged equitable and flexible public participation, including use of multilingual fact sheets and interpreters, expanding access to information and opportunities for public input, going beyond regulatory requirements to provide for a level of public involvement commensurate with community interest. Encouraged State permitting agencies and permit applicants to adopt these principles in their dealings with the RCRA program. 8

9 Taking the Next Steps: Going Beyond the Regulatory Requirements September 1996, revised the RCRA Public Participation Manual. Expanded the focus so it could be used by regulators, industry, and the public. Provided more in-depth guidance on promoting environmental justice. Included guidance on Agency expectations for public participation in RCRA corrective action under permits and enforcement orders (see next slide). Provides how-to information for a broad range of activities that permitting agencies, public interest groups, communities, and facility owners/operators can use to promote public participation. 9

10 Taking the Next Steps: Going Beyond the Regulatory Requirements Public participation in RCRA corrective action (CA) At a minimum, need to provide opportunities for involving the public at key decision-making points, such as at remedy selection and when CA is completed. Public participation for CA derives from a combination of regulations and guidance. CA done through permits is subject to all permitting public participation requirements. Public participation opportunities when CA is done through orders or other means encouraged through guidance. RCRA Public Participation Manual Establishes framework for corrective action public participation that follows the typical approach to facility cleanup and encourages consistency with Superfund community involvement. Includes policy statement that opportunities for public participation under orders should be generally the same as under permits. 10

11 Community Engagement Initiative i i (CEI) The CEI is designed to enhance OSWER and regional offices' engagement with local communities and stakeholders (e.g., state and local governments, tribes, academia, private industry, other federal agencies, non-profit organizations) to help them meaningfully participate in government decisions on land cleanup, emergency preparedness and response, and the management of hazardous substances and waste. 11

12 CEI Implementation Plan The CEI Implementation Plan lays out specific actions and activities that EPA will undertake to achieve CEI s goals and objectives. It is a working document that presents guiding principles, goals and objectives for the Initiative and outlines roles and schedules. ORCR has responsibilities under the following Actions related to Permitting and Correction Action. Action 1: Evaluate and Revise Critical Decision-Making Processes and Guidance. Action 3: Sustain a Dialogue with EPA Regions and State RCRA Delegated Programs to Identify and Promote Best Community Engagement Practices. 12

13 CEI Action 1: Evaluate and Revise Critical Decision-Making Processes and Guidance ORCR identified four program process areas that include or should include community engagement: Hazardous Waste Permitting, Corrective Action, the Resource Conservation Challenge, and PCB Cleanup and Disposal Approvals. Written descriptions of these processes were posted on the CEI website for public comment. (Flowcharts will also be posted soon). ORCR selected two processes for potential improvement: Corrective Action, and PCB Approvals. 13

14 CEI Action 3: Sustain a Dialogue to Identify and Promote Best Community Engagement Practices Working group tasked with gathering examples of best practices in the areas of RCRA corrective action and permitting. Working group is comprised of Regional and State RCRA, EJ, and Community Involvement representatives. Material received so far includes corrective action examples describing community engagement approaches at four facilities. Still collecting additional information regarding community engagement approaches for corrective action and permitting actions, as well as for PCB activities. A key ypoint of interest to us is how regions and states decide what community engagement techniques to use at which sites. Outcome: Encourage implementation of the best practices, Develop Web pages to share data and highlight effective community engagement practices for delegated state RCRA programs. 14

15 Part 124 and Environmental Justice December 1, 2000 memorandum from Gary Guzy (then General Counsel of EPA) to EPA program offices. Analyzed EPA statutory and regulatory authorities under which EJ issues may be addressed in permitting. Provides guidance on how to use RCRA authorities that are available to address EJ concerns during permitting, including application of part 124 RCRA expanded public participation i i requirements. April 2011 report from NEJAC to EPA, Enhancing Environmental Justice in EPA Permitting Programs recommends: Fully exercising i and leveraging provisions i in part 124 to maximize i public engagement in all permitting processes, regardless of type. Maintaining an open list of community organizations, tribal governments and indigenous organization contacts. Holding a pre-application meeting with prospective applicants to discuss EJ and tribal considerations. 15

16 Plan EJ 2014 Roadmap to help EPA integrate environmental justice into its programs, policies, and procedures The 2014 represents the 20 th anniversary of the signing g of Executive Order on environmental justice 16

17 Plan EJ 2014 Plan EJ 2014 is comprised of 3 different sections: Cross-Agency Focus Areas Tools Development Program Initiatives 17

18 Five Cross-Agency Focus Areas Incorporating Environmental Justice into Rulemaking Considering Environmental Justice Concerns in EPA s Permitting Process Accelerating Compliance and Enforcement Initiatives Supporting Community-Based Action Programs Fostering Administration-Wide Action on Environmental Justice 18

19 Draft Implementation Plan: Advancing EJ through Compliance and Enforcement OECA and Region 5 lead with five major strategies: Selection and implementation of National Enforcement Initiatives Targeting and case development Use of enforcement and compliance tools in Regions geographic initiatives Seeking appropriate remedies in enforcement actions to benefit vulnerable and overburdened communities Enhanced communication with affected communities and the public regarding EJ concerns and the distribution tion and benefits of enforcement actions 19

20 Draft Implementation Plan: Considering Environmental Justice Concerns in EPA s Permitting Process Draft Implementation Plan focuses on EPA s commitment to develop and implement tools and recommendations to: Enhance ability of disproportionately burdened communities to participate fully and meaningfully in the permitting process Assist permitting authorities to meaningfully address EJ in permitting decisions 20

21 Draft Implementation Plan: Activities i i Conduct internal research to create a list of potential tools and recommendations Cross-agency workgroup Case studies Internal literature review Internal review expected to include 40 CFR part

22 Draft Implementation Plan: Activities (cont d) Solicit tools and recommendations from stakeholders ASTSWMO is listed as a stakeholder Create a list of priority tools and corresponding deliverables Create a detailed timeline for

23 Permitting i Listening i Session The EJ and Permitting working group is holding a series of 'Listening Sessions' on topics related to Environmental Justice in Permitting. The deadline for submitting written comments is June 30, Please submit written comments via to ejpermitting@epa.gov. 23

24 References 40CFR Part go /cg / / e / e idx?c=ecfr&tpl=/ecfrbrowse/title40/40cfr124_main_02.tpl CEI Initiative CEI Implementation Plan RCRA Public Participation Manual Elliott Laws, Implementation of the RCRA Expanded Public Participation Rule (Dec. 1995) 24

25 References (cont d) Gary Guzy, EPA Statutory Sauoyand Regulatory eguaoyauthorities esunder Which Environmental Justice Issues May Be Addressed in Permitting (Dec. 2000) _authorities_memo_ pdf Plan EJ 2014 and Plan EJ 2014 Implementation Plans NEJAC, Enhancing Environmental Justice in EPA Permitting Programs (April 2011) 25

26 Questions? Sonya Sasseville, Associate Director Permits, Implementation and Information Division Office of Resource Conservation and Recovery Helena Healy Office of Site Remediation Enforcement 26