Office of Solid Waste and Emergency ResponseOffice of Superfund Remediation and Technology Innovation

The U.S. EPA Superfund Program: Building Community Capacity through

Technical Assistance

NATIONAL ENVIRONMENTAL JUSTICE CONFERENCE & TRAINING PROGRAMApril 2013

2 Technical Assistance

The U.S. EPA Superfund Program:Building Community Capacity through

Technical Assistance

• Introduction to Superfund and community involvement

• Overview of Superfund technical assistance programs

Overview:

• Understanding the technical needs of communities

• Challenges when federal agencies provide technical assistance

3 Technical Assistance

Introduction to Superfund and Community Involvement

4 Technical Assistance

Congress established the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) in 1980.

CERCLA, informally called Superfund, gives EPA the funds and authority to:

• Protect human health and the environment by cleaning up polluted sites

• Involve communities in the Superfund process

• Make responsible parties pay for work performed at Superfund sites

Introduction to Superfund and Community Involvement

5 Technical Assistance

Superfund sites are “discovered” when the presence of hazardous waste is made known to EPA.

• EPA uses the Hazardous Ranking System (HRS), to score sites according to the danger they may pose to human health and the environment.

Introduction to Superfund and Community Involvement

• The National Priorities List (NPL) is a list of the nation’s highest priority hazardous waste sites that are eligible for federal funding under the Superfund remedial program.

o Over 1,600 sites have been added to the NPL

o All 50 states, Puerto Rico, DC, Guam and Virgin Islands

6 Technical Assistance

EPA follows a step-by-step process to determine the best way to clean up the site and protect human health and the environment

• This process can take many (many, many) years

• Information from the local community should be used as part of the decision making process to ensure the cleanup is appropriate and relevant

• Technical assistance is important to build community capacity to participate in technical and scientific decision making

• Community involvement and technical assistance should occur early in the cleanup process

Introduction to Superfund and Community Involvement

7 Technical Assistance

EPA provides community members with opportunities to participate in the decisions that affect the Superfund sites

Specifically, EPA:

Introduction to Superfund and Community Involvement

• Is required to conduct community interviews and develop a Community Involvement Plan (CIP)

• Holds public meetings and opportunities for review and comment on site decision documents

• Encourages Community Advisory Groups

• Gives the authority to award Technical Assistance Grants (TAGs) and a myriad of technical assistance opportunities

8 Technical Assistance

Overview of Superfund Technical Assistance

Programs

9 Technical Assistance

Overview of Superfund Technical Assistance Programs

Technical Assistance Grant (TAG)

Technical Assistance Services for Communities (TASC)

Technical Information Assistance

Process Facilitation

Superfund Just In Time (JIT)

Superfund Site Technical Assistance Areas

Job Training

10 Technical Assistance

Overview of Superfund Technical Assistance Programs

Document review & interpretation

TrainingInformational

materials

Technical Information Assistance(TAG & TASC)

Process Facilitation

(JIT)

Focus Areas for Technical Assistance Programs

Meeting facilitation

Dispute resolution

Community Advisory Group Formation & Function

Workshops & decision-making

11 Technical Assistance

TAG TASC JIT

Review technical documents

Meet with community to explain site information

Evaluate reuse plans

Interpret and explain health-related information

Conduct TA needs evaluation and plan preparation

Prepare and present training

Plan and hold community meetings about site reuse

Assist groups through organizational issues and capacity building

Conduct conflict/situation assessment, mediate disputes, and provide other ADR services

Facilitate sessions or meetings

Coach parties in conflict management, dispute resolution or consensus building

Overview of Superfund Technical Assistance Programs

How are programs used?

12 Technical Assistance

• Reopening final EPA decisions

• Lawsuits or legal actions

• Collect new health or primary data

• Lobbying

• Travel expenses of group members

12

Prohibited uses of programs?

Overview of Superfund Technical Assistance Programs

13 Technical Assistance

TAG TASC JIT

Group of individuals in the community

Tribal governments

Local governments (e.g., small townships)

National organizations

Academic institutions

Responsible Parties

13

Overview of Superfund Technical Assistance Programs

Eligible Recipients

14 Technical Assistance

Overview of Superfund Technical Assistance Programs

Superfund Site Technical Assistance Areas

Job Training

Technical Information Assistance(TAG & TASC)

Process Facilitation

(JIT)

Superfund Job Training Initiative (Super JTI)

15 Technical Assistance

Overview of Superfund Technical Assistance Programs

Job Training(Super JTI)

Life skillsMarketable job skills

Fosters community economic growth/opportunities

Enables community to take active role in community restoration

Increases understanding of site cleanup

16 Technical Assistance

Superfund Job Training Initiative (Super JTI)

• Web - http://www.epa.gov/superfund/community/sfjti/index.htm

• Contacts – Melissa Friedland, friedland.melissa@epa.gov (EPA Regions 1-5); and Viola Cooper, cooper.viola@epa.gov (EPA Regions 6-10)

TAGS

• Web - http://www.epa.gov/superfund/community/tag/

• Contact – Freya Margand, margand.freya@epa.gov

TASC

• Web - http://www.epa.gov/superfund/community/tasc/

• Contact – Freya Margand, margand.freya@epa.gov; and Tina Conley, conley.tina@epa.gov

Superfund Just in Time (JIT)

• Web - http://www.epa.gov/adr/

• Contact – Lois Gartner, gartner.lois@epa.gov 16

Overview of Superfund Technical Assistance Programs

For More Information

17 Technical Assistance

Overview of Superfund Technical Assistance Programs

Technical Information Assistance

Process Facilitation

Technical Assistance Programs

Technical Assistance Grant (TAG)

Technical Assistance Services for Communities (TASC)

Superfund Just In Time (JIT)

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Understanding the Technical Needs of Communities

19 Technical Assistance

Background on Technical Assistance Needs Assessments (TANAs)?• The Office of Solid Waste and Emergency Response

(OSWER) began the Community Engagement Initiative (CEI) in 2009. Goal 2 of the CEI Evaluate and Improve EPA Technical Assistance Processes.

Understanding the Technical Needs of Communities

• June 2010, OSWER established National Technical Assistance Workgroup that recommended EPA:o develop best practices for conducting a

technical assistance needs assessment as part of a community engagement plan.

Website: www.epa.gov/oswer/engagementinitiative

20 Technical Assistance

What is a Technical Assistance Needs Assessment (TANA)?

Understanding the Technical Needs of Communities

• Process to determine community’s technical assistance needs.

• Conducted by EPA site team and/or contractor.

• Discussions with 8-10 community members.

• What is learned is summarized in a TANA working document.

• TANA acts as a blueprint to meet community’s technical assistance needs.

21 Technical Assistance

Understanding the Technical Needs of Communities

Are TANAs required?

• Not required by statute or regulation.

• EPA devised a TANA “tool” specific to Superfund sites. o The Superfund-specific TANA closely

dovetails with the interviews conducted by the Community Involvement Coordinator (CIC) during the Community Involvement Plan (CIP) process.

• Can be conducted concurrently with CIP or at a later date.

Website: http://www.epa.gov/superfund/community/pdfs/toolkit/tana.pdf

22 Technical Assistance

Understanding the Technical Needs of Communities

• Often informal technical assistance provided by site team is sufficient to meet community’s technical assistance needs.

• If site team cannot easily meet needs, a TANA should be conducted.

• TANAs are most effective when completed early in the Superfund cleanup process.

When is a TANA Conducted?

23 Technical Assistance

Understanding the Technical Needs of Communities

How is a TANA Conducted?

• Prior to conducting a TANA, the EPA site team meets to discuss anticipated site technical issues.

• EPA staff and/or contractors engage in discussions with 8-10 community members.

• Discussions are summarized into a succinct (4-6 page) document detailing the community’s technical assistance needs.

• Summary is shared with community.

• Best ways to provide technical assistance are determined.

24 Technical Assistance

Understanding the Technical Needs of Communities

Why Conduct a TANA?

• Aids site team in determining the technical assistance needs of the community.

• Provides EPA with a record of unmet technical assistance needs.

• Provides a working document from which the appropriate technical assistance can be identified and delivered.

• Enhances opportunities for EPA to partner with other organizations to address technical assistance needs.

• Ensures the most efficient utilization of TAG grants, TASC program, etc.

• Avoids unnecessary duplication of technical assistance.

25 Technical Assistance

Understanding the Technical Needs of Communities

Examples of Technical Assistance Services

• Provide basic information about science and environmental programs.

• Read and explain technical reports.

• Research and explain public health and risk.

• Conduct community outreach and involvement.

• Assist with redevelopment planning.

• Support formation of groups to enable the community to receive technical assistance.

• Build capacity of groups.

• Provide neutral facilitation, mediation and dispute resolution services.

26 Technical Assistance

Understanding the Technical Needs of Communities

Lessons Learned

• Superfund has conducted TANAs on about 10 sites

• Ensure all affected stakeholder groups are represented in the TANA discussions

• It is helpful to distinguish between immediate vs. long term assistance needs.

• EPA may not be able to meet all needs, but allows us to:o have honest conversations about what EPA can and can’t

do; ando reach out to others who may be able to assist.

27 Technical Assistance

Challenges for Federal Agencies in Providing Technical Assistance to Community Based Organizations

Stephen Lester Science Director

Center for Health, Environment & Justice

Center for Health, Environment & Justice

• Founded in 1981• Born out of Love Canal Crisis• Lois Gibbs Executive Director • Based in Falls Church, VA• Staff of 11• Provide organizing and technical assistance to

grassroots community groups nationwide

P.O. Box 6806 Falls Church, VA | o 703-237-2249 |f 703-237-8389 | www.chej.org

My work as Science Director

• Help people understand scientific and technical information – Engineering reports– Health studies– Environmental test results

• The role of science in addressing community contamination problems

P.O. Box 6806 Falls Church, VA | o 703-237-2249 |f 703-237-8389 | www.chej.org

Experience Providing Technical Assistance

• Hired by NYSDOH to provide technical assistance to Love Canal residents (1978-1981)

• Science Director at CHEJ since 1981 • Provided wide range of technical assistance to

thousands of community based organizations

P.O. Box 6806 Falls Church, VA | o 703-237-2249 |f 703-237-8389 | www.chej.org

Lessons Learned Providing Technical Assistance to Communities

• Listen to people, understand their concerns • Build trust• Be honest and transparent• Residents are experts on their communities • People quickly assimilate technical knowledge

and information • Put it in writing

P.O. Box 6806 Falls Church, VA | o 703-237-2249 |f 703-237-8389 | www.chej.org

Challenges for Federal Agencies in Providing Technical Assistance

• Government does not share the same goals as the community

• Community’s prime concern is the health of the family whereas the government is primary concerned with its regulatory responsibilities

• Building trust • History of government agencies at site

P.O. Box 6806 Falls Church, VA | o 703-237-2249 |f 703-237-8389 | www.chej.org

Challenges for Federal Agencies in Providing Technical Assistance

• Providing information on the testing, risks, cleanup and other issues of concern to the community in a timely and comprehensive way

• Being transparent• Involving the community in decision-making • Accepting and integrating community

knowledge and information • Making clear the range of technical assistance

they can provide

P.O. Box 6806 Falls Church, VA | o 703-237-2249 |f 703-237-8389 | www.chej.org

What Community Organizations Are Looking for

• Someone they can trust• Help to interpret and understand technical data

and information• Someone who will make it clear what the

technical data and information they have tells them about the risks they are facing

• What the technical data and information they have does NOT tells them about the risks

P.O. Box 6806 Falls Church, VA | o 703-237-2249 |f 703-237-8389 | www.chej.org

Recommendations

• Involve the community at the ground floor of any site investigation

• Provide the necessary resources to make it possible for community members to participate fully

• Budget for community involvement• Establish regular means of communicating• Be flexible and adapt to public input on the site

assessment P.O. Box 6806 Falls Church, VA | o 703-237-2249 |f 703-237-8389 | www.chej.org

• Listen to and understand the needs and concerns of the community

• Work with the community to find a way to address their concerns that is meaningful and honest

• Involve/accept outside experts/organizations who are credible (to the community) in the development and oversight of the site assessment

P.O. Box 6806 Falls Church, VA | o 703-237-2249 |f 703-237-8389 | www.chej.org

Recommendations

37 Technical Assistance

The U.S. EPA Superfund Program:Building Community Capacity through

Technical Assistance

• Community involvement is supporting through law, regulation, and policy in the Superfund program

• Technical assistance is an important aspect of capacity building to engage in meaningful community involvement

• Technical assistance can help meet both the technical and organizational capacity needs of a community

• Understanding the technical needs of communities is an important first step to providing assistance

• There are challenges to overcome when federal agencies provide technical assistance

Take Away Points:

38 Technical Assistance

ABCD

Contact Information

Stephen Lester Science Director

Center for Health, Environment & Justice

slester@chej.org

703-237-2249

www.chej.org

Suzanne WellsBranch Chief

Community Involvement and Program Initiatives (CIPIB)

Office of Superfund Remediation and Technology Innovation (OSRTI)

U.S. Environmental Protection Agency

Wells.Suzanne@epa.gov

www.epa.gov/superfund/community

Freya MargandCIPIB, OSRTI | U.S. EPA

Margand.Freya@epa.gov

Yolanda SanchezCIPIB, OSRTI | U.S. EPA

Sanchez.Yolanda@epa.gov