SMALL BUSINESS OMBUDSMAN
UPDATE
United States Environmental Protection Agency
Washington, DC20460
OOON01001
MEMORANDUM
Home Page www.epa.gov/sbo
SUBJECT:
FROM:
TO:
DATE:
Update on Recent Small Business
Activities at the U.S. EPA
Toll Free Hotline
800-368-5888
202-260-0490
Karen V. Brown, Directo
SBD/Small Business Ombudsman
Persons Interested in Small Business
Environmental Issues
January, 2001
SMALL BUSINESS DIVISION/SBD
SMALL BUSINESS OMBUDSMAN STAFF
Vacant, Deputy Small Business Ombudsman
Delane Anderson, Program Management Analyst
Andrew Teplitzky, Environmental Scientist
Eileen McGovern, Program Analyst
Angela Suber, Program Analyst
SENIOR ENVIRONMENTAL EMPLOYEES
James E. Malcolm, P.E., Chemical Engineer
Toxic Substances & Hazardous Materials
Larry 0. Tessier, P.E., Civil Engineer
Asbestos, Radon and Lead
Arnold Medbery, P.E., Mechanical Engineer
The Clean Air Act, Asbestos, Water
Thomas J. Nakley, Civil Engineer
The Clean Water Act, Safe Drinking Water Act
Howard Boddie, Computer/Publications Specialist
INSIDE
Page
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Small Bus Strategy
2001 SBO/SBAP Nat'l Conf.
Stats on SBAPs
Key Dates & Events
Small Biz Env. Home Page
Web pages/Hotlines
SB Regional Contacts
Clean Air Act (CAA)
Clean Water Act (CWA)
Pesticides (FIFRA)
Hazardous Waste (RCRA)
Superfund (CERCLA)
Right-to-Know (EPCRA)
Toxic Chemicals (TSCA)
Six Key Aspects/SBREFA
SBA Fairness Board
Update on Environ Info.
Stats on EPA Innovation.
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35
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40
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43
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45
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48
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51
55
57
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62
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Superior Asst Tools
State Success Stories
Ten Innovative Projects
New Publications
Risk Management
HPV Challenge
SBIR
Draft Pub Involve Policy
S. B. Sector Programs
Design for Environment
Audit Protocols
Compliance Asst Centers
Penalty Reduction Policies
State Small Bus Asst Prog
State Small Bus Contacts
P2 Program
Procurement Contacts
Order Form
BETTER RULES! BETTER TOOLS!
GREETINGS! The year 2000 was a very fast moving and
productive year. I am pleased to report that during the past year the
State Ombudsmen and Technical Assistance Programs have assisted
nearly one million small businesses that are subject to environmental
requirements. In fact, our Division alone handled over 13,000 direct
hotline calls on environmental issues. While these accomplishments
are notable, it is clear through stakeholder comments we gathered for
revisions to the EPA Small Business Strategy, and in recent EPA
rulemaking that the Agency must do more to incorporate the needs
of small business into its activities. Our New Year's resolution is to
increase our delivery of compliance information and tools to the
small business community; increase the development and delivery of
information about small business characteristics, impacts and needs
to the Agency; and increase the consideration of small business needs
and issues within the Agency during rulemaking, enforcement, and
policy development. It is clear that we can reach this resolution by
promoting early stakeholder involvement in rule development, and
by providing the Agency with the appropriate information to help
them develop rules that clearly address the needs of small business.
I am enthusiastically looking forward to the year 2001, and
doing more to serve the small business community. I am particularly
pleased to have the opportunity of working with the new EPA
Administrator, Christine Todd-Whitman, as the Governor of New
Jersey, established an effective business ombudsman program to deal
with the complexities of state and federal regulatory requirements.
We are assured that she will bring these interests and concerns with
her as she takes the reins at EPA.
ONE-STOP-RELIEF
SMALL BUSINESS OMBUDSMAN FUNCTIONS
EPA's Office of the Small Business Ombudsman
(OSBO) performs the following functions:
Provides a convenient way for small businesses to access
EPA;
Facilitates communications between the small business
community and EPA;
Investigates and resolves disputes with EPA; and
Works with EPA personnel to increase their
understanding of small businesses in the development and
enforcement of environmental regulations.
Call (800) 368-5888
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New Initiatives for Small Business Division (SBD)
U.S. EPA Updating Its Small Business Strategy
You probably didn't know that back in 1984, the Environmental Protection Agency issued its first small
business strategy, entitled EPA Small Business Initiatives: Strategy for Improved Regulation and Compliance
(to view a copy of the 1984 strategy, go to www.epa.gov/sbo/stratl984.pdf). While the Agency has worked
to address many of the issues highlighted in the strategy over the past 17 years, it recognizes that not all issues
have been fully resolved and a number of new ones have emerged. This is why the Agency is now working on
an update to its Small Business Strategy. The Year 2000 Small Business Strategy will focus on four major
areas. First, the revised Strategy will promote the testing of new, innovative approaches for small businesses
to meet and exceed their environmental responsibilities. In so doing, the Strategy will promote alternatives
that are less burdensome than traditional regulatory programs and can provide opportunities for small
businesses to save money, increase efficiencies, and become more competitive. Second, the Strategy will
continue to emphasize the development of simplified regulations that facilitate small business understanding
and compliance. Third, the Strategy will place emphasis on providing small businesses with new tools to help
them comply. Finally, the Strategy will include actions intended to organize and strengthen the delivery of
assistance and information by EPA and other assistance providers external to the Agency. We currently are
awaiting approval to circulate the current draft to internal Agency staff for review and then to external
stakeholders for their input. For more information, please contact Karen Brown at U.S EPA (202) 260-1390
or via e-mail at brown.karen@epa. gov.
Surveying EPA'S Small Business Customers
EPA is committed to encouraging stewardship and accelerating environmental progress among American
businesses. Within the Office of Policy, Economics and Innovation there is a particular emphasis on assisting
small businesses. Thus, one component of meeting the Agency's commitment is to ensure our support
functions are useful and accessible to small businesses. We're doing this in two waysthe first is to seek
feedback on the EPA-supported Small Business Environmental Home Page (www .smallbiz-enviroweb.orgl.
We have collected voluntary responses to site-related questions from visitors to the Home Page over the last
several months. We are now reviewing our findings.
At the same time, to determine the value of the Small Business Hotline (800-368-5888), staff within the
Agency's Small Business Division has been contacting some Hotline users to complete brief (it only takes
about five minutes) telephone surveys. Through these calls, we hope to learn what worksand what doesn't
for you. We're looking for your opinion and .your ideas. We continue to make our survey calls, hoping to
learn how to improve our service to you. So if you hear us on the other end of your telephone line, please take
a few moments to help us get better at helping you! Within a few months our survey should be complete and
we will be assessing the responses we have received.
When we have completed our analysis of the responses we received from both surveys, we'll share the
results with all of our customers. For more information, please contact Eileen McGovern in the Small
Business Division at (202) 260-5352.
"Cataloging" EPA's Products and Services For the Small Businesses
The small business community is an important customer for EPA. The Office of F'olicy, Economics, and
Innovation is intent on expanding our efforts at outreach and assistance to small businesses. EPA already
provides a great number of products and services, many of them tailored specifically to small business. But
we know that many of our small business customers are unaware of these efforts. To help get the needed
information to our customers, we have developed Environmental Assistance Services for Small Businesses: A
Resource Guide (similar to a catalog) which provides brief descriptions, web sites, and contact information on
the Small Business Ombudsman's Office and other topics of interest to small businesses including: legislation,
assistance programs, Regional support, education and training, funding opportunities, procurement, state and
local resources, compliance support, mentoring programs, the rulemaking process, voluntary programs,
publications and guides, and Agency hotlines. The Resource Guide is available new. You may request a copy
by calling our toll free number (800-368-5888) or by contacting Eileen McGovern at EPA by telephone (202-
260-5352) or via e-mail at mcgovern.eileen@,epa.gov or www.epa.gov/sbo.
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2001 SBO/SBAP National Conference
Mark your Calendars! Make your travel plans now!
Get ready for the 2001 SBO/SBAP National Conference! The conference will be held in
beautiful Austin, Texas April 2-5 2001, at the Radisson Hotel Town Lake. This year's
conference has something for everyone. You'll have ample time to network with your peers from
other states while learning the latest about advocacy, marketing, technology, and technical topics.
Austin is the Live Music Capital of the World, and offers many entertainment and sightseeing
activities. For hotel reservations call (512) 478-9611. Reservations must be made by March 7,
2000 to guarantee a room. Guest room rates: $80 single or double occupancy. Be sure to
identify yourself as an SBO/SBAP Conference participant. Registration materials will be sent
out in January 2001. To register, visit our web site at www.sboconference.com.
EPA Holds Workshop on Increasing Small Business Competitiveness
Through Environmental Management Systems: The Role of
Associations.
On November 8th, 2000, EPA's Small Business Division, in conjunction with EPA's
Sector Strategies Division, the Performance Track Program, and the Design for Environment
Program, held a full-day workshop where trade associations representing small businesses were
invited to come hear about EMSs and dialogue on how EPA and associations can work together
to promote EMSs for association members. Based on a tally of workshop evaluation forms, 13
associations indicated that they agree or strongly agree that they will take some action to further
the use of EMSs for their members. Sectors expressing interest include: automobile dealers,
shipbuilders, dry cleaners, automotive services, printers, and rural electric companies. EPA
followup activities will include: (1) development of an EMS "Pathfinder" (an Internet-based tool
for use by association staff and consultants to develop industry-specific EMS templates); (2)
review of sector-specific EMS guidance manuals for several small business sectors (through
respective trade associations), (3) development of a small business/EMS steering committee and
an e-mail group to continue dialogue on EMSs for small businesses; and (4) development of
EMS marketing materials for associations and small business owners/managers. For more
information, please contact Andy Teplitzky at U.S EPA (202- 260-4088, e-mail at
Teplitzkv.Andyfgtepa.eov) or Tim Stuart at US EPA (202-260-0725, e-mail at
Stuart.Tim(o),epa.govy
Small Business Administration Publishes Revised Size Standards
On May 15,2000, the Small Business Administration (SBA) published in the Federal
Register (65 FR 30836-30863) a new table of small business size standards for industries as
they are defined in the North American Industry Classification System (NAICS). Please be
aware that SBA has since amended the May 15 rule because, as stated in the summary to its
09/05/00 correction notice: "The table that was published on May 15, 2000, contained errors that
occurred during the printing process. The errors are significant in nature and number, and SBA
believes that they would be misleading if not corrected." You can access the most current small
business size standards at:
http://www.access.gpo.gov/nara/cfr/cfrhtml_00/Title_13/13cfrl21_main_OO.html. This link is
also posted on the Links page of EPA's SBREFA website: www.epa.gov/sbrefa.
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Performance Track Recognizes Environmental Excellence
On December 13th, EPA recognized the 225 Charter Members to the National Environmental Achievement
Track. These facilities applied to become members of the Achievement Track and were selected based on their
systematic approach to environmental management, commitments to continuous improvement, a sound compliance
history, and willingness to reach out to the community. Of the full Charter Membership, approximately 7% have
fewer than 50 employees, 10% have 50-99 employees, and 30% have 100-499 employees.
Achievement Track is the first of two levels in EPA's National Environmental Performance; Track.
Performance Track defines what it means to be a top environmental performer and provides incentives to motivate
further improvements. It is open to companies and facilities of all types, sizes, and complexity, public or private,
manufacturing or service-oriented. Through a systematic approach to managing environmental responsibilities,
taking extra steps to reduce and prevent pollution, and being good corporate neighbors, many companies today are
modeling the way to environmental excellence. At the same time, they are saving money and improving
productivity. EPA is in the process of developing the second and higher level Stewardship Track. Information on
the Stewardship Track will be announced in the summer of 2001.
Applications for Achievement Track are being accepted February 1 through April 30 and August 1 through
October 31 in 2001. Program information, applications, and instructions are available at
www.epa.gov/performancetrack or call 1-888-339-PTRK.
NJ Chemical Industry Project Issues Recommendations
The New Jersey Chemical Industry Project, in the Performance Incentives Division of EPA's Office of Policy,
Economics and Innovation, has issued its final report with recommendations on how EPA can improve the
efficiency and effectiveness of its programs by working with industry and other stakeholders.
The report, called "Learning to Listen: A Cooperative Approach to Developing Innovative Strategies," outlines the
process used to identify the factors that inspire facility staff to improve their environmental performance and issues
that keep facilities from doing better. Teams of Stakeholders and others worked to develop tools and programs to
improve environmental performance.
The tools most highly-praised by small businesses were those developed by the Compliance Assistance Pilot. This
Team prepared a set of compliance assistance materials:
Plain Language summaries of 20 New Jersey environmental regulations;
Flowcharts for six NJ regulations that show if and how the regulations apply to a facility;
Summaries of New Jersey compliance assistance programs; and
Information on how to obtain training materials and regulatory guides.
The materials are available at the New Jersey Department of Environmental protection web sits:
http://www.state.nj.us/dep/enforcement/home.htm.
Other Teams worked to establish the first pretreatment effluent trading among facilities that discharge to a
POTW, clarified the waste regulations for recycling materials-at the same facility or across facilities-from five
typical chemical processes, and developed a program to reward and provide incentives for facilities to improve their
environmental performance.
In the Project's final report, Stakeholders describe the work of each of the Teams and make recommendations to
further improve the efficiency and effectiveness of EPA's programs. The report also presents guidance and "Keys to
Success" for working cooperatively with industry and other stakeholders. It is important to engage all parties,
incorporate all views, and develop approaches that are genuinely better for people and the environment.
The "Learning to Listen" report is available from the NJ Chemical Industry Project web site
(http://www.epa.gov/emergrngstrategies/nicip/home.htm') or in hard copy from Catherine Tunis, 202-260-2698,
1200 Pennsylvania Ave., NW (1808), Washington, DC 20460, tunis.catherine@epa.gov. Other reports available
include:
ซ* "Compliance Assistance Materials for New Jersey Environmental Regulations;"
HP Inspiring Performance: The Government-Industry Team Approach To Improving Environmental Compliance.
EPA 231-R-99-002, May, 1999;
HP Sharing the Load: Effluent Trading for Indirect Dischargers. EPA 231-R-98-003, May 1998;
HP Promoting Chemical Recycling: Resource Conservation in Chemical Manufacturing. EPA-231-R-99-001, May,
1999;
HP "Proposed Framework for a Flexible Track Program," May, 1997; and
ซ Guidance on New Jersey's Flexible Track Silver and Gold Track programs, available at
http://www.state.ni.us/dep/special/silver/fulldoc.htm.
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1999 State Small Business Assistance Programs
(919,791 Total Businesses Assisted*)
MA: 7,178
In 1999, the state and territory Small Business Stationary Source Technical and Environmental Compliance Assistance
Programs assisted almost 1 million small businesses in complying with the requirements of the Clean Air Act and other
environmental issues. These programs are run by hardworking, dedicated staffs who operate successful programs, often with
limited resources. Small businesses are grateful for the technical assistance and personalized attention they receive from
people they can trust. Turn to page 57 for information on contacting your state's program!
TOP 10 INDUSTRY SECTORS ASSISTED
Industry Sector
Cross Sector
Other (not classified)
Organizations/ Associations
Auto Body Maintenance/Repair/Refinishing
Auto/Motor Vehicles & Equipment
Dry Cleaning/Laundry Services
Machine Shops
Government
Furniture Manufacture/Repair/Wood Finishing
Attorney/Consultant/Engineer
# Assists
353,432
122,772
105,058
88,899
45,035
34,150
23,263
7,607
6,126
5,788
TOP 10 INDUSTRY SECTORS ASSISTED BY PROGRAMS
Industry Sector
Dry Cleaning/Laundry Services
Auto Body Maintenance/Repair/Refinishing
Furniture Manufacture/Repair/Wood Finishing
Organizations/ Associations
Printing/Graphic Arts
Other (not classified)
Government
Metal Fabricating/Finishing
Agriculture/Farming/Crop Service
Attorney/Consultant/Engineer
# Programs
44
42
38
38
38
38
37
37
36
35
*NOTES
"Total businesses assisted" as reported by the programs is used as the "official" count. Some programs tried not to "double count" total businesses assisted
Six programs kept information on the types of services they offered or the industry sectors they assisted, but did not compile data, as indicated by an "X"
(CO, DE, DC, ND, RI, SD).
Two programs did not provide information, as indicated by "NR" (NE and VT).
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Overwhelmed by paperwork?
Confused about regulations?
Wondering where to turn for help?
The EPA Small Business Division/Small Business
Ombudsman
is available to provide you with
ONE-STOP RELIEF
The EPA Small Business Ombudsman assists small businesses by:
+ Providing you with plain English multi-media compliance information through a
hotline, publications, and audio-visual materials
4 Working with EPA technical experts to respond to your regulatory questions and
other inquiries.
4 Tracking EPA policies and regulations affecting small business, and advocating
small business concerns inside EPA.
4 Keeping in touch with small business "umbrella" organizations, industry trade
associations, and government entities.
Small business owners and employees are welcome and encouraged to call with questions
or concerns between 8:30 a.m. and 4:30 p.m., Eastern Time.
Call (800) 368-5888
or, in the Washington, DC Area, call (202) 260-1211 Fax (202) 401-2302
Small Ombudsman Home Page
Internet http://www.epa.gov/sbo
http://www.small-enviroweb.org
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2001
KEY EVENTS AND
DATES
SA VE THE DATES, AND MARK YOUR CALENDAR
JANUARY
FEBRUARY
FEBRUARY
MARCH
APRIL
APRIL
JUNE
AUGUST
II-I2
25-27
21-March 2
7-9
2-4
2-S
24-28
26-28
SEPTEMBER 12-15
SEPTEMBER 24-26
NOVEMBER 28-30
EMS Assistance Strategy National Workshop
Washington, DC - 202-261-6468 - www.neetf.orflEMS
Environmental Council of the States (ECOS) 2001 Spring Meeting
Tampa, FL - 202-624-3660 - e-mail fpQrisie@sso.org
National Pollution Prevention Roundtable 2001 Spring Conference
Chicago, Illinois - 202-466-7964 or www.p2.org
EPA's National Compliance Assistance Forum
Annapolis, MD - 703-247-4256 or e-maif coforum@morosconewton.com
200 f Air Toxics Implementation Workshop & Training
Chapel Hill, NC - 919-541-5771 or www.scicomm.com
2001 Small Business Ombudsman/Small Business Assistance Program National
Conference, Austin, TX- /-800-447-2827 - www.sboconference.com
Air & Waste Management Association 2001 Annual Conference
Orlando, FL - 412-232-3444 or www.awmo.org/ACE200//
Environmental Council of the States (ECOS) 2001 Annual Meeting
Honolulu, HI - 202-624-3660 - email /porisie@sso.org
Association of Small Business Development Centers (SBDC) Fall Conference 2001
- Dallas, TX - 703-764-9850 - e-mail betsy@osbdc-us.org
Brownfie/ds 200 f Conference - McCormick Place Convention Center Chicago, IL
- 202-260-4483 - www.epa.fovlbrownfieldslbfconf.htm
EPA'S Customer Service Conference
Washington, DC - 202-260-2744
CHECK FOR INDUSTRY TRADE ASSOCIATION MEETINGS AND CONFERENCES AT:
www.smallbiz.enviroweb.org/events/all9vents.asD
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SMALL BUSINESS ENVIRONMENTAL HOME PAGE
http://www. smallbiz-en viroweb. org
The Small Business Environmental Home Page (Home Page) continues to benefit the
small business community and the Section 507 programs. This Home Page was developed
and is being maintained by Concurrent Technologies Corporation (Pittsburgh Office) under
cooperative agreement funding provided by U.S. EPA SBO. Developed in response to
requests from the State small business assistance programs (SBAPs) and the small business
community for assistance in centrally distributing and exchanging information about their
program activities, the Home Page provides efficient access to EPA, state, and other
environmental and pollution prevention information focused on small business.
Thanks to those of you who took the time to fill out the online EPA Customer
Satisfaction Survey. Look for some changes to the Home Page in response to those
comments, and a summary of the survey results and changes.
NEW! The Regulatory Updates section that many of you use has been UPDATED. It
is now one of five easily searchable databases on the Home Page. You can search by
environmental law, keyword(s), and date added/updated-individually or in any combination.
Also, don't forget to send in updates and use the other four databases on the Home
Page-publications (now over 3,800), videos, upcoming events, and performance
measurement tools and success stories.
Please use the Small Business Environmental Web Board launched in spring 2000
on the Home Page (you can access this from the top page). Share information and ask
questions of your fellow Home Page users. You can post messages and replies and check
back when convenient-no annoying emails sent to your mailbox daily. ALSO, there is a
general chat room available for users who are online at the same time.
The Home Page continues to keep links and resources updated-contacts (CAP, trade,
EPA, SBAP), state environmental agency and SBAP web sites, compliance information, state
and federal news and newsletters, funding information, industry sector and trade association
information, small business initiatives and policies, databases (see above), etc. The Home
Page is also home to the Mid-Atlantic Region Small Business Assistance web page and
National Small Business Financial Assistance Work Group web page (look for a new look
soon!).
Users are encouraged to provide information on events, news, contacts, publications/fact
sheets, videos, CAP information, performance measurement tools and success stories, and
corrected/new links to include on the Home Page, and any comments and suggestions about
the Home Page to Audrey G. Zelanko (zelanko@smallbiz-enviroweb.org; 412/577-2649).
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WHERE TO CALL FOR MORE INFORMATION AND HELP
EPA SMALL BUSINESS OMBUDSMAN
Toll Free Local and DC Area T.D.D. Fax
(800)368-5888 (202)260-1211 (202)260-1258 (202)401-2302
smallbiz.ombudsnian@epa.2ov Homepage www.epa.gov/sbo asbestos.ombudsman@epa.gov
EPA Web Pages and Hotlines Phone Number
National Center for Environmental Publications 800-490-9198
(www.epa.gov/ncepihom/index.html) 513-489-8190
Indoor Air Quality Information Clearinghouse 800-438-4318
(www.epa.gov/iaq)
Radon 800-767-7236
(www.epa.gov/iaq/radon)
EPA Energy Star 888-782-7937
(www.epa.gov/energystar
Clean Air Technology Center 919-541-0800 (English)
(www.epa.gov/ttn/catc) 919-541-1800 (Spanish)
Mobile Sources (Emissions) 734-214-4333
(www.epa.gov/omswww)
Emission Measurement Center 919-541-0200
(www.epa.gov/ttn/emc)
Stratospheric Ozone Information 800-296-1996
(www.epa.gov/ozone)
Acid Rain (emission trading, auctions, Information) 202-564-9620
(www.epa.gov/acidrain)
Safe Drinking Water Hotline 800-426-4791
(www.epa.gov/safewater)
National Small Flows Clearinghouse (WV Univ) 800-624-8301
(www.nsfc.wvu.edu)
Storm Water Phase II Information 202-260-5816
(www.epa.gov/owm/sw/phase2/index.htm
Water Resource Center 202-260-7786
Pollution Prevention Information Clearinghouse 202-260-1023
(www.epa.gov/opptintr/library/libppic.htm)
National Solid & Hazardous Waste Ombudsman 800-262-7937
Washington Metro Area 202-260-9361
Wetlands Information 800-832-7828
(www.epa.gov/owow/wetlands)
U.S. EPA RCRA, Superfund & Underground Storage Tanks Hotline 800-424-9346
Washington Metro Area 703-412-9810
(www.epa.gov/epaoswer/hotline/index.htm
Emergency Planning & Community Right to Know Title III (EPCRA) 800-424-9346
Washington Metro Area 703-412-9877
Toxic Substance Control Act (TSCA) Information Service 202-554-1404
Office of Pesticide Program Registration Division (Ombudsman) 703-305-5446
(www.epa.gov/pesticides)
Bio-Pesticide Staff Assistance 703-308-8098
www.epa.gov/pesticides/biopesticides)
National Pesticide Telecommunications Network 800-858-7378
(http://ace.orst.edu/info/nptn)
EPA Waste Wise/Waste Reduction 800-372-9473
(www.epa.gov/wastewise)
Office of Environmental Justice 800-962-6215
Office of Pollution Prevention & Toxics 202-260-1772
(www.epa.gov/opptintr)
Chemical Emergency Preparedness & Prevention Office 202-564-7938
(CEPPO) Small Business Liaison
(www.epa.gov/ceppo)
Small Business Innovation Research (SBIR) 800-490-9194
(http://es.epa.gov/ncerqa/sbir)
EPA Inspector General (IG) 202-260-4977
(www.epa.gov/oigearth 800-546-8740
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OTHER WEBSITES & HOTLINES Phone Number
Small Business Environmental Home Page (412) 377-2649
(www.smallbiz-enviroweb.org
Recycling Hotline (800) 153-2687
(www.recycle.net/recycle)
National Technical Information Service (NTIS) (800) 553-6847
(www.ntis.gov) (703) 605-6000
National Response Center for reporting oil spills and hazardous (800) 424-8802
substance releases
Washington Metro Area (202) 267-2675
(www.nrc.uscg.mil)
Department of Energy (DOE)-National Alternative Fuels Hotline (800) 423-1363
(www.afdc.nrel.gov)
Energy-efficiency & Renewable Energy.Clearinghouse (800) 363-3732
(Operated by the DOE)
(www.eren.doe.gov)
DOT~Transportation of Hazardous Materials (800) 467-4922
(http://hazmat.dot.gov)
CHEMTREC Chemical Transportation Emergency Line, operated by (800) 262-8200
Chemical Manufacturers Association
(www.cmahq.com/cmawebsite.nsf/pages/chemtrec)
Center for Management Courses on ISO 9000/14000 (800) 745-5565
www.ceem.com
National Lead Technical Information Center (800) 424-5323
(www.epa.gov/lead/nlic.htm)
Small Business Administration (800) 827-5722
(www.sba.gov)
Regulatory Fairness Boards (SBA) (888) 734-3247
(www.sba.gov/regfair)
Occupational Safety & Health Administration (OSHA) (800) 321-6742
(Worker Safety Referral Services)
(www.osha.gov)
American Lung Association (800) 586-4872
(www.lungusa.org)
Consumer Product Safety Commission (800) 638-2772
(www.cpsc.gov)
Radon Auto Emission & Sun Safety(National Safety Council) (800) 557-2366
(www.nsc.org/ehc/radon.htm)
INFOTERRA/USA (202) 260-5917
(www.epa.gov/INFOTERRA)
Government Printing Office (202) 512-1800
(www.gpo.gov/ffinfo)
National Institute of Occupational Safety and Health (800) 356-4674
(www. cdc.gov/niosh/homepage.html)
National Environmental Training Center for Small Communities (800) 624-8301
(www.estd.wvu.edu/netc/netcsc homepage.html)
EPA REGIONAL REGULATORY SMALL BUSINESS LIAISONS
REGION 1 CT, ME, MA, NH, RI, VT Dwight Peavey (617)918-1829
2 NJ, NY, PR, VI JohnD.Wilk (212)637-3918
3 DE, DC, MD, PA, VA, WV David Byro (800) 228-8711/(215) 814-5563
4 AL, FL, GA, KY, MS, NC, SC, TN Annette V. Hill (404)562-8287
5 IL, IN, MI, MN, OH, Glynis Zywicki (312)886-4571
6 AR, LA, NM, OK, TX David Gray (800) 887-6D63/(214) 665-2200
7 IA, KS, MO, NE Janette Lambert (913)551-7768
8 CO, MT, ND, SD, UT, WY Rob Laidlaw (303)312-7064
9 AZ, CA, HI, NV, GU MarkSamolis (415)744-2331
10 AK,ID,OR,WA BillDunbar (206)553-1203
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STATUS OF HIGH VISIBILITY ACTIONS
OBTAINING ADDITIONAL INFORMATION
FOR SMALL BUSINESS
Some articles in this newsletter cite certain reference publications by Item Number that provide additional information on the topic. These
publications can be ordered by completing the Publication Order form on page 63. In addition, the Ombudsman's Office maintains an inventory of over
300 EPA and related publications containing useful environmental information for small business. A complete listing of these publications can be obtained
by calling the Ombudsman's Office at 1-800-368-5888 or 202-260-1211.
Recent Initiatives to Better Serve You
Our efforts to assist the Small Business Community continue
at a high level. Here are some things we are currently doing to help
you.
Hosted seventh National Small Business Ombudsman and
Technical Assistance Program Conference in Missoula, MT
attended by 44 States, 2 Territories, and the District of
Columbia (191 participants), and have set plans through a
grant to the state of Texas's National Resource Conservation
Commission for an eighth Conference to be held in Austin,
Texas on April 2-5, 2001.
Coordinated individual meetings and follow-up meetings
between major small business trade associations and the EPA
Deputy Administrator, Assistant Administrators, and Agency
Small Business Program Office Representatives on January
27, and June 14, 2000, to discuss small business initiatives and
issues.
Finalized EPA's 1998 Small Business Ombudsman Report to
Congress under Section 507 of the 1990 Clean Air Act
Amendments, and presently are completing the draft of 1999
Report.
Cooperatively participating in managing Small Business
Regulatory Enforcement Fairness Act of 1996 small business
entity outreach activities in order to implement Act
requirements.
Held annual Small Business Liaison Conference for EPA
Regional Small Business Representatives on August 2-3,
2000, which was attended by over a dozen state small business
program representatives.
Upgraded EPA Small Business Ombudsman Home Page on
http:/www.epa.gov/sbo.
Participated in approximately 50 EPA regulatory efforts as
reviewers to represent Small Business concerns.
Conducted fifth State Compliance Advisory Panel (CAP)
Training in June for CAPs utilizing a newly completed
Compliance Advisory Panel Management Manual to assist
State CAPS with their Clean Air Act responsibilities.
Issued revised (improved) Environmental Management Guide
for Small Laboratories.
Upgraded a Source Book on Environmental Auditing for
Small Business.
Developed a new booklet titled: Little Known But Allowable
Ways To Deal With Hazardous Waste.
In the process of implementing Cooperative Agreement
projects with 10 states to improve small business technical
assistance and outreach and to measure their effectiveness.
Conducted two-days of specialized training to awardees on
March 16-17,2000.
Drafting an initiative to revise EPA's Small Business Strategy.
Developing a Small Business Environmental Management
Systems Guide.
Completed a project to assess EPA current suite of
environmental services for small business; the resulting product,
"Environmental Assistance Services for Small Businesses: A
Resource Guide will be available in January 2001.
Project underway with State Small Business Assistance Programs
to enhance effectiveness and publicity for their services and
outreach activities.
Clean Air Act (CAA)
Implementation Strategy Update
EPA's Office of Air and Radiation has prepared an
Implementation Strategy publication. It outlines the schedule, by
industry, for issuing regulations required by the Clean Air Act. It is
included in our Item 1-11 package.
Final Integrated Urban Air Toxics Strategy
This Strategy is a framework for addressing air toxics in urban
areas. Although existing programs have already achieved substantial
emission reductions, more needs to be done to reduce toxics air
pollutants, particularly in the urban areas. The Strategy outlines
actions to reduce emissions of air toxics and assessment activities to
improve EPA's understanding of the health and environmental risks
posed by air toxics in urban areas. The Strategy includes a list of 33
air toxics that pose the greatest potential health threat in urban areas,
and also provides a list of area sources responsible for a substantial
portion of the emissions of these air toxics. For more information
about the Strategy, visit EPA's web site at:
www.epa.gov/ttn/uatw/112k/urbanpg.html or call EPA's Office of Air
Quality, Planning and Standards at 919-541-4487.
Amendment And Changes to The Operating Permit
Program Final Rule
In 1992, EPA issued regulations providing for the establishment
of comprehensive state air quality permitting systems consistent with
the requirements of Title V of the Clean Air Act. The Rule allows
States to issue a general permit covering numerous similar small
sources, each of which need only submit information covering its
eligibility. The Rule was revised and expanded in 1994, including the
provision of more flexibility in the revision of permits, with more
flexibility provided in 1995. Amendments were published on June 3,
1996, providing non-major source emission exemptions. See 7/1/96
Code of Federal Regulations (CFR), Part 70. On February 14, and
May 22, 2000, the Agency extended state operating permit programs
interim approvals. For detailed history, see our Item 1-25.
A Guide for Small Businesses
A booklet entitled The Clean Air Act Amendments of1990: A
Guide for Small Businesses was published in 1992, Item 1-36. This
guide provides small businesses a broad overview of the Act's
complex requirements and the effects they are likely to have, in
general, on a small business. The guide provides contacts for
obtaining additional information. Accompanying the booklet is a
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four-page summary entitled What A Small Business Should Know
About the New Clean Air Act.
Court of Appeals for the District of Columbia
Decision on New National Ambient Air Quality
Standards Revisions for Particulate Matter and
Ozone
American Trucking Associations, Inc. v. USEPA,
Nos. 97-1440 and 97-1441
(D.C. dr. May 14,1999
Summary of Decision
In July 1997, EPA issued health-based air quality standards for
ozone and particulate matter. In response to challenges filed
by industry and others, a 3-judge panel of the Court of
Appeals for the District of Columbia Circuit issued a split
opinion on May 14, 1999.
The Court held (2 to 1) that the Act, as applied and absent
further clarification, is unconstitutional because it "effects an
unconstitutional delegation of legislative power."
Contrary to the claims made by petitioners and other critics,
nothing in the court's opinion undercuts or criticizes the
science on which EPA relied.
The Court rejected petitioners' claims that EPA should take
cost into account in setting the air quality standards.
Contrary to the claims made by petitioners, nothing in the
Court's opinion undercuts or criticizes the process EPA used.
The Court held paradoxically that the Clean Air Act allows
EPA to revise the primary ozone standard, but stated that
revised ozone standard "cannot be enforced."
In addressing whether EPA should have considered alleged
benefits of ozone as a shield in blocking UVb radiation, the
Court held that EPA must consider whether ozone has a
beneficial effect, and if so, consider such effects in assessing
ozone's net effects on health.
The Court found "ample support" for EPA's decision to
regulate coarse particulate pollution below the 1987 levels, but
also found that PM10 was "a poorly matched indicator for
coarse particulate pollution" because PM10 includes fine
particles.
The Court rejected petitioners' claim that EPA should have
considered any detrimental health effects relating to
unemployment that allegedly would be caused by the NAAQS.
The Court upheld EPA's decision to rely on the regional haze
program to mitigate some of the adverse visibility effects
caused by PM2.5.
The opinion remanded the cases to EPA for further
consideration.
The Court left the new ozone standard in place based on its
determination that it "cannot be enforced."
The Court vacated the revised coarse particle (PM10)
standards.
The Court prepared a briefing schedule to determine whether
the PM2.5 standards should be vacated or remain in place
while the case is remanded to the agency.
Update on Ozone and Particulate Matter Air
Quality Standards and Recent Court Decisions
On May 14, 1999, the U.S. Court of Appeals for the District
of Columbia Circuit issued an opinion regarding the final
national ambient air quality standards for ozone and
particulate matter that EPA issued in July 1997.
On June 28, 1999, the Federal government filed a petition for
rehearing key aspects of the case in the U.S. Court of Appeals
for the D.C. Circuit.
The court responded to EPA's petition on October 29,1999.
Rehearing was denied, because the Court's rules require a
majority vote of the active judges, rather than of the voting
judges. Two judges did not participate for unspecified reasons.
On January 28,2000, the Department of Justice filed a petition
seeking Supreme Court review of the decision.
On May 22, 2000, the Supreme Court announced it would hear
the appeal. The court heard arguments on November 7, 2000.
No "decision date" has been set.
We will continue to keep you up to date on any new
development.
CAA Incinerator Rules
The Agency has issued a final rule that applies to incinerators
that are used to burn hospital waste and/or medical/infectious waste
(MIW). The rule encompasses incineration at hospitals, other health
care type facilities, and commercial waste disposal incinerators that
burn these wastes. For both new and existing sources, the regulation
provides incinerator operators with a number of compliance options,
i.e., pollution control technologies to meet the new air emission
standards depending on the size of the MIW. We have worked closely
with small community hospitals to provide them with the most
affordable way to meet the new requirements. Rural incineration
facilities are required to meet less stringent emission limits, but must
still make changes.
Secondly, we have added a direct final rule on waste combustors
constructed on or before September 20, 1994, clarifying units affected
by Federal Plans, and a second action relative to those constructed
before June 20, 1996.
Lastly, the EPA has adopted final rules to limit air pollution
emissions from incinerators which burn commercial or industrial non-
hazardous solid waste. The final rules were published in the Federal
Register on Friday, December 1, 2000 (65FR75337). The rules
include emission limits for nine pollutants (particulate matter, carbon
monoxide, dioxins/furans, nitrogen oxides, sulfur dioxide, hydrogen
chloride, mercury, lead, and cadmium). These emission limits are
based on the use of wet scrubbers. In addition, the final rules also
contain requirements for operator training and preparation of a waste
management plan, and for new units, a preconstruction siting analysis
See OASBO, Items 1-46.
National Emission Standards for Hazardous Air
Pollutants (NESHAP) Rules Available for Some
Industries
In 1994, a General Provisions Rule was issued to establish a consiste
set of requirements for NESHAPs under the air toxics provisions of
the Clean Air Act, Item 1-20. Since then, EPA has finalized rules
which affect many small businesses, including various types of
*Halogenated Solvent Cleaning Processes, Item 1-21; (See new
revised Direct Final Rule w/Amendments), *Chromium Electroplatii
and Anodizing Operationsrevision of compliance deadlines for
California: Federal Register (FR) 1/30/97 and area source deferrals
FR 8/18/99, Item 1-22; *Ethylene Oxide Emissions from Commerci
Sterilization and Fumigation Operations, Item 1-23 (IMPORTANT
NOTE: Certain portions ol the Rule have been SUSPENDED until
December 6,2000, and December 6,2001); *Dry Cleaners-rule
amended relative to certain transfer machines, Item 1-27; Aerospace
Manufacturing and Rework-amendments and control techniques
guidelines finalized 9/1/98. Proposed amendments, 1/24/00 FR 364
48, Item 40; Wood Furniture Manufacturing and control techniques
Item 1-41; Printing and Publishing, Item 1-42 which includes propos
amendments; and Hospital' Medical/ Infectious Waste Incinerators,
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Item 1-46 Rules have also been finalized for Consumer
Products-9/11/98, Item 1-43; Automotive Refinish
Coatings-9/11/98, Item 1-44; and Architectural Coatings-9/11/98,
Item I- 45. All these rules include a schedule for various product
regulation.
The NESHAP for Hazardous Organic Compounds (HON) in
production operations, primarily in Synthetic Organic Chemical
Manufacturing, was issued in 1994. Amendments and/or revisions
have been issued in the Federal Register, since then in almost every
year Several of the amendments exclude some volatile organic
compounds and ease implementation plan requirements. Equipment
leaks have also been addressed. Item 1-24.
IMPORTANT NOTE:
*Discretionary deferment of Title V Operating Permit requirements
for area sources has been extended to 12/09/04 for: Halogenated
Solvent Cleaning, Chromium Electroplating and Anodizing,
Ethylene Oxide Sterilization and Fumigation, Dry Cleaning, and
Secondary Lead Smelting. Final rule was published in 12/12/99
FR, pp. 69637-643.
CAA List of Source Categories and Schedule for
Regulating Hazardous Air Pollutants
On November 18, 1999, EPA published a new revision to the
Initial List of Categories of Sources, as required under Section 112
(c)(l) of the Clean Air Act of 1990; and a revised schedule for the
Promulgation of Emission Standards for the above categories. Item
1-28.
State Motor Vehicle Inspection Maintenance
Programs Provided More Flexibility
In 1992, EPA published a Final Rule making the subject
programs tougher, including a requirement for "test only" stations.
Our Office raised strong objections to that rule, because of the
adverse impact on many small businesses. In 1995, EPA published
a Final Rule allowing the states flexibility in designing their
enhanced auto inspection programs. This rule was amended on
9/23/96, 1/9/98 and 7/24/00.
Perchloroethylene (PCE) Health Effect Studies
EPA's National Center for Environmental Assessment in The
Office of Research and Development (ORD) has started a health
assessment to update the Agency's data base on possible health
hazards associated with chronic exposure to perchloroethylene. The
assessment will characterize hazard and dose-response for cancer
and general non cancer toxicity; in addition to conclusions about
cancer hazards, if any, a reference concentration (RfC) for
inhalation exposure and a reference dose (RiD) for ingestion
exposure will be recommended. The assessment began in the
Spring of 1999, and completion is expected in calendar year 2001.
The Agency's plan is to develop the assessment, with a full peer and
public review process, and then provide a data file for insertion into
the EPA Integrated Risk Information System (IRIS) which records
the Agency-wide viewpoint on health assessment issues.
Protection CFC Phaseout Rules
An accelerated phase-out of the production of
Chlorofluorocarbons (CFC), Halons, Carbon Tetrachloride, Methyl
Chloroform, and Hydrochlorofluorocarbons (HCFC) was mandated
and internationally endorsed in 1992 with reconsideration of petition
criteria and incorporation of Montreal Protocol Decisions: Final rule,
6/1/998 FR 29240-245. Item 1-5. A final rule detailing the above
phase-out, with Methyl Bromide added, was issued, Item 1-15. Final
rules also have been issued which control recovery and recycling of all
refrigerants during the servicing of on-road motor vehicle air
conditioners, Item 1-14; emissions reduction, and use of certified
personnel during servicing and disposal of all other air conditioning
and refrigeration equipment which use ozone depleting substances,.
Item 1-16. Rules were also issued banning the use of CFCs and
HCFCs in non-essential products, 2000 essential-use allowances,
6/30/00 FRpp. 40524-35, Item 1-17, Labeling of products containing
ozone depleting substances and their packaging, Item 1-18, and
significant new alternative refrigerants, last update 4/26/00 FR
24387-392xItem-19.
CAA Field Citation Program And Monetary Award
Final Rules
The proposed Field Citations Rule allowing EPA field inspectors
to levy immediate, on-the-spot fines is on hold. EPA issued a
proposed Monetary Awards Rule outlining eligibility criteria and
general program implementation for making awards to citizens upon
the conclusion of civil or criminal cases. EPA is presently making
awards under its existing statutory authority. A final rule outlining
additional eligibility criteria is also on hold. No date has been set for
issuance of either final rule. See Item I- 1 2 for both.
Accidental Release Prevention Requirements: Risk
Management Programs Under Clean Air Act Section
EPA has taken direct final action to amend the Chemical
Accident Prevention Provisions, also known as the Risk Management
Program (RMP) regulations, codified in 40 CFR part 68.
This action is set forth in the Federal Register (5/26/99 FR
28695-7041).
The revisions concern the worst-case release scenario analysis for
regulated flammable substances in 40 CFR 68.25. EPA is issuing
these revisions so that the regulated community can treat regulated
flammable substances in the same manner as regulated toxic
substances for determining the quantity released when conducting a
worst-case release scenario analysis. EPA is taking this direct final
action pursuant to a settlement agreement with the American
Petroleum Institute (API).
EPA clarified its interpretation of Clean Air Act sections 1 12(1)
and 1 12(r)(l I), as they relate to Department of Transportation (DOT)
requirements under the Federal Hazardous Materials Transportation
Law under a settlement agreement with the Chlorine Institute (CI),
(5/26/99 FR p. 28705). Distribution of off-site Consequence Analysis
Information; Final Rule; 8/4/00 , FR, pp. 48107-33. Item 1-30
Chemical Safety Information, Site Security
and Fuels Regulatory Act
The Chemical Safety Information, Site Security and Fuels
Regulatory Relief Act (August 5, 1999) establishes new provisions for
reporting and disseminating information under Section 1 12(r) of the
Clean Air Act. The law has two distinct parts that pertain to:
Flammable fuels; and
Public Access to OCA (also known as: "worst-case scenarion")
data.
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Flammable Fuels
Flammable fuels used as fuel or held for sale as fuel at a retain
facility are removed from coverage by the RMP program.
However, flammable fuels used as a feedstock or held for sale as
fuel at a wholesale facility are still covered. A retain facility is a
facility "at which more than one-half of the income is obtained
from direct sales to end users or at which more than one half of the
fuel sold, by volume, is sold through a cylinder exchange program."
EPA published the Final Rule on the Flammable Fuels on
March 13,2000.
Public Access to OCA Data
The law exempts OCA data from disclosure under the Freedom
of Information Act (FOIA) and limits its public availability for at
least one year. By August 5, 2000, the federal government was to
(1) assess the risks of Internet posting of OCA data and the benefits
of public access to that data, and (2) based on that assessment, EPA
did publish proposed regulations governing public access to OCA
data in the Federal Register on April 22, 2000. A final Rule is now
in process These items are also in Item 1-30.
Guidance from EPA on Potential to Emit (PTE)
In 1995 and 1996, in part to respond to several court decisions,
EPA issued transitional guidance relative to the definition of PTE
under the Clean Air Act. PTE is important because a source's PTE
determines its need for a State Operating Permit under Title V.
This Office has advocated that concerns of small businesses
regarding clarity, realistic definitional parameters, and alternatives
be considered. EPA issued a second extension of the 1995
"transition" policy on 7/10/98, good until 12/31/99. In 1966 EPA
issued a clarification of methods for calculating PTEs in Batch
Chemical Manufacturing. Guidance to assist States in creating
minor source status for low-emitting sources in 8 industries
(gasoline service stations, gasoline bulk plants, boilers, cotton gins,
coating sources, printing, degreasers using volatile organic solvents,
hot mix asphalt plants) was issued on April 19, 1998. Guidance
regarding the PTE of some sources located on tribal lands was
issued on March 7, 1999. Finally, a new booklet has been
developed as a Guide to Small Businesses, Item 1-31.
Clean Air Act Compliance Assistance Enforcement
Policy for Small Businesses
In 1994, EPA's Office of Enforcement and Compliance
Assurance issued a policy giving small businesses a limited grace
period. This policy provided them with additional time to correct
violations revealed during requested assistance from a State Small
Business Assistance Program established under Section 507 of the
CAAA, Item 1-13.
New Source Performance Standards and Emission
Guidelines for Several Categories of Industrial
Combustion Sources
The Clean Air Act (CAA) requires regulation of toxic air
pollutant emissions under Sections 112 and 129, from several
categories of industrial combustion sources, including boilers, process
heaters, waste incinerators, stationary combustion turbines, and
stationary internal combustion engines. These combustion devices art
used primarily for energy generation and waste disposal in a wide
variety of industries and commercial and institutional establishments.
They burn a variety of materials, including fossil fuels (e.g., oil, coal,
and natural gas) and various commercial and industrial wastes. The
industrial combustion regulations could affect thousands of sources
nationwide and have significant environmental, health, and cost
impacts. Regulations for commercial and industrial waste incinerator
(solid waste) were proposed on November 30, 1999. (See below).
Regulations for the other industrial combustion source categories wil1
be proposed after this date.
Clean V/ater Act (CWA)
Effluent Guidelines Program
Effluent guidelines art; regulations for industrial discharges
surface waters and to publicly-owned treatment systems. EPA's Offi
of Water is working on effluent guidelines for the following Industrie
concentrated animal feeding operations, iron and steel, construction ai
development, metal products and machinery, coal mining, meat produc
and aquatic animal production (often called aquaculture).
Since the last edition of the newsletter, EPA completed several
effluent guidelines. First, ir August 2000, EPA completed effluent
guidelines for the Centralized Waste Treatment industry, and the
public notice appeared in the Federal Register on December 22, 200(
The final rule explains how EPA explored a variety of regulatory
alternatives to minimize impacts on small businesses. As a result,
EPA selected the least expensive option of those considered effectiv
for ensuring treatment of wastes.
Second, on October 31, 2000, the Administrator signed a
proposed rule to revise the effluent guidelines for the Iron and Steel
industry.EPA estimated the number of small businesses that might b
affected by the revised regulation and also analyzed the potential
impacts to those businesses The Administrator then certified that tr
proposed rule would not have a significant economic impact on a
substantial number of small entities.
EPA also completed two proposed rulemakings for which a
Small Business Advocacy Review Panel convened, completed a
review, and sent recommendations to the Administrator. For metal
products and machinery, Rule was proposed in the Federal Register
January 3, 2001, Comment period closes on May 3, 2001. Public
meetings/hearings will be held on February 6, 2001 in Oakland, CA
February 13, 2001 in Dallas, and February 22, 2001 in Chicago.
Copies of proposal and faci sheets are available. Item OASBO Iter
G-15". The proposal incorporated all of the Panel's
recommendations. The following four examples illustrate the type <
recommendations that influenced the proposal. First, the Panel
recommended that EPA consider reduced monitoring for small
entities. The proposal includes a waiver provision that will allow
most facilities to reduce their monitoring requirements. Second, thi
Panel recommended that EPA consider best management practices
(BMPs) instead of numerical limitations, at least for some pollutant
and/or subcategories of facilities. In response, the proposal discuss
and solicits comment on such an alternative for the job shops. The
alternative focuses on pollution prevention measures in lieu of
monitoring for a set of pollutants. Third, the Panel recommended t
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EPA not regulate Total Suspended Solids (TSS), pH, iron, or
aluminum for indirect dischargers. The Agency did not propose
pretreatment standards for any of these parameters. Finally, the
Panel recommended that EPA consider regulatory alternatives,
including a "no regulation" option, to reduce any significant
economic impacts that are not justified by environmental
improvements and to improve the cost-effectiveness of the
regulation. In response, the Agency proposed low flow exclusions
for two subcategories and proposed not to establish pretreatment
standards for three other subcategories based on low levels of
pollutants discharged.
For Concentrated Animal Feeding Operations (CAFOs, and
referred to as "feedlots" in previous editions of this newsletter),
which the Administrator signed on December 15, 2000, the Panel's
recommendations also played a significant role in many aspects of
the proposed rules. The following samples are meant to illustrate
the breadth of issues that EPA addressed in the proposal as a direct
response to recommendations from the Panel. Early in the Panel's
deliberations, they reviewed and commented on EPA's
methodology for defining small business and estimating the number
of small entities covered by the proposal. EPA responded with
alternative approaches and additional analysis. On the topic of
reporting and recordkeeping, the Panel recommended that EPA
streamline the recordkeeping requirements related to off-site
transfer of wastes. In response, the proposal limits the requirements
to a very limited amount of information. On the subject of
regulatory alternatives to minimize impacts on small businesses, the
proposal incorporates several provisions designed for regulatory
relief, ranging from changes to the applicability thresholds to
flexibility in land application requirements. The Panel also
recommended that EPA evaluate and refine cost and benefit models,
and the record for the proposal incorporates extensive analyses on
both topics. There are thorough discussions in the preamble to the
proposed rule and in the record to document the Panel's
recommendations and EPA's response.
You can check for updates on all of the effluent guidelines on
the Internet at http://www.epa.gov/OST/guide/.
Confined Animal Feeding Operations (CAFOs):
Revisions to Effluent Guidelines And NPDES
Permit Regulations
EPA is revising the 1974 regulations for Confined Animal
Feeding Operations (CAFOs) as part of its settlement agreement
with the Natural Resources Defense Council. The revisions cover
three areas, which have been combined in a single rulemaking:
> The effluent limitation guidelines for swine and poultry, which
are the technology-based standards for discharges of pollutants
from feedlots;
> The effluent limitation guidelines for beef and dairy, which are
the technology-based standards for discharges of pollutants
from feedlots; and
> The NPDES permit program regulations, which define the
universe of facilities that need to apply for a permit and the
permit conditions.
These revisions are needed because of the changes in the
industry over the past 25 years, including: concentration of animals
in fewer, larger operations; vertical integration within the industry;
and changes in the relationship between herd size and available land
(e.g., more manure than can be properly applied to available land).
EPA is proposing a number of changes to update the regulations to
reflect current industry characteristics and practices, and to make
the rules simpler and easier to understand. Changes under
consideration include: permitting dry poultry operations, permit
requirements to develop Nutrient Management Plans for the proper
application of manure, and increased public involvement in general
permits for CAFOs.
EPA conducted a SBREFA panel for these regulations, and
factored those findings into the proposed revisions. EPA issued the
proposed regulations on December 15, 2000.
Reissuance of the NPDES Industrial Storm Water
General Permit (Multi-sector General Permit)
The current and (in nearly all instances) only general permit
available to industrial storm water dischargers is the October 30, 2000
version of the Multi-Sector General Permit (MSGP-2000). This
permit has been revised from the original version published in 1995
and modified in 1998. The current permit is posted on the internet at
the storm water web site: www.epa. gov/owm/sw .
All permittees covered by the previous MSGP need to review
the MSGP-2000 to ensure that any new requirements are met and then
submit a new Notice of Intent (NOI) form to obtain coverage or a
Notice of Termination (NOT) form to terminate coverage if industrial
activities have ceased. A new "no-exposure" conditional permitting
waiver has also been available to all industrial dischargers since
February 8, 2000. This waiver provides incentives for industrial
facilities to protect their operations from storm water exposure. If this
is a viable option for any facility, the operator should submit a No
Exposure Certification form rather than an NOI or NOT. This waiver
is no longer automatically granted to "light industries." At least
70,000 industrial facilities may take advantage of this new permitting
exemption by protecting their operations from storm water, such as
covering operations under a storm resistant shelter. Guidance on the
"no exposure" permitting exemption is available on the storm water
web site.
Revision of Pretreatment Requirements
On July 22, 1999, EPA published a proposed rule to streamline
the General Pretreatment Regulations (40 CFR Part 403) in the
Federal Register (64 FR 39563). The purpose of the proposed
rulemaking is to reduce the burden to publicly-owned treatment works
(POTWs) and industrial users. The proposed revisions would allow
POTWs more flexibility in regulating low pH wastes, the option to
establish either mass or concentration based limits, to better tailor
oversight of and sampling by significant industrial users, and to allow
the granting of removal credits for certain pollutants. The proposed
rulemaking also clarifies how management practices and general
permits can best be used, provide for use of electronic reporting, and
address other important program issues. EPA worked with
stakeholders (State approval authorities, trade associations, industrial
users, environmental organizations and individual POTWs) prior to
drafting the proposal by asking for their review and comment on brief
discussions of the issues. The public comment period on the proposed
rulemaking closed on November 19, 1999. EPA received 216
comments from a variety of interested stakeholders. EPA is currently
reviewing and preparing a response to comments for inclusion in the
preamble to the final rulemaking. EPA anticipates promulgation of a
final rule in summer 2001.
Cooling Water Intake Structures
In August 2000, EPA published proposed regulations to protect
fish and other aquatic organisms from being killed or injured by
cooling water intake structures. This proposal was the first in a series
of regulations that respond to Section 316(b) of the Clean Water Act,
which directs EPA to assure that the location, design, construction,
and capacity of cooling water intake structures reflect the best
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technology available for minimizing adverse environmental impact.
Cooling water intake structures are used across a range of industrial
categories, including steam electric power generation, pulp and
paper manufacturing, chemical manufacturing, petroleum refining,
and metals manufacturing.
The first phase of regulations, which was the subject of the
August 2000 proposal, described requirements for cooling water
intake structures at new facilities. The Administrator certified that
the proposal would not have a significant economic impact on a
substantial number of small entities. This certification was not
surprising given that (1) most of the new facilities in the relevant
industrial sectors are unlikely to be small businesses; and (2) most
new facilities are not planning to use large volumes of cooling
water drawn directly from a water of the U.S. and thus, would not
be subject to the rule.
In the next two phases of cooling water intake regulations,
EPA will focus on existing facilities. We are still collecting
information and analyzing data about existing facilities that use
cooling water intake structures and whether the next phase of
regulations will affect small businesses. We anticipate that by
Spring 2001, we will know whether EPA will convene a Small
Business Advocacy Review Panel.
You can check for updates on the Cooling Water Intake
regulations on the Internet at
http://www.epa.gov/waterscience/316b/
Section 403 Ocean Discharge Criteria: Revisions to
Ocean Discharge Criteria Regulations
The EPA is proposing to amend the existing regulations
implementing the ocean protection provisions of section 403 of the
Clean Water Act. The proposed rule would further the protection of
ocean waters, and provide a framework for enhancing that
protection in the future.
A key element of the proposed rule would provide for
establishment of baseline water quality standards for ocean waters
beyond three miles offshore. These waters, designated "Healthy
Ocean Waters (HOW)," would be protected by both a narrative
statement of desired quality and pollutant-specific numeric criteria.
The proposed rule would strengthen the requirements for a
permit to discharge to any ocean waters. For example, the proposed
rule would require dischargers requesting permits to show that
alternative disposal sites are not reasonably available and would
require that no discharge permit be issued unless there is sufficient
information to evaluate the impacts of the proposed discharge.
Finally, the proposed rule would establish a number of Special
Ocean Sites (SOSs). SOSs are areas within ocean waters that are of
outstanding value. The proposed rule would also establish a
process for identifying, establishing, and managing SOSs, including
a process to petition for the establishment of an SOS. New
discharges and significant expansions of existing discharges would
be prohibited in SOSs. EPA is also proposing conforming and
clarifying technical changes to the National Pollutant Discharge
Elimination System permit program regulations.
The Agency plans to propose the rule in January, 2001. As
part of its proposal, EPA certifies that this rule, if adopted, will not
have a significant economic impact on a substantial number of
small entities. Additional information may be accessed at:
http://www.cpa.gov/owow/oceans/protecting oceans/.
Safe Drinking Water Act (SDWA)
Ground Water Rule Update
In the Federal Register on May 10, 2000 (vol. 65, no. 91, pages
30194-30274), EPA proposed vules to protect consumers of public
drinking water supplies from certain high-risk contaminants. EPA is
required under the Safe Drmki.ig Water Act to promulgate the Ground
Water Rule (GWR) to require disinfection "as necessary" for drinking
water systems using ground water. Drinking water systems using
surface water have been required to disinfect since 1989. The GWR
establishes a multi-barrier strategy designed to identify high-risk water
systems, and will require corrective action (which may include;
disinfection, elimination of contamination sources, correcting
significant deficiencies, or obtaining a new source) only where
contamination or significant deficiencies have been identified.
LT1 Rule Update
The Agency proposed the Long Term 1 Enhanced Surface Water
Treatment Rule (LT1ESWTR) in the Federal Register on April 10th,
2000 (vol. 65, no. 69, pages 19046-19150). The purposes of the
LT1ESWTR are to improve control of microbial pathogens,
specifically the protozoan Cryptosporidium> in drinking water and
address risk trade-offs with disinfection byproducts. The rule will
require systems to meet strengthened filtration requirements as well as
to calculate levels of microbial inactivation to ensure that microbial
protection is not jeopardized if systems make changes to comply with
disinfection requirements of ihe Stage 1 Disinfection and Disinfectior
Byproducts Rule (DBPR). The LT1ESWTR applies to public water
systems that use surface water or ground water under the direct
influence of surface water and serve fewer than 10,000 persons, and i
scheduled to be promulgated in the near future.
Filter Backwash Recycle Rule Update
The Filter Backwash Recycling rule (FBRR) was published wit!
the LT1 ESWTR in the Federal Register on April 10th, 2000 (vol. 65
no. 69, pages 19046-19150) The FBRR is intended to ensure the 2-
log Cryptosporidium removal requirement established in the Interim
Enhanced Surface Water Treatment Rule (IESWTR) and Long Term
Enhanced Surface Water Treatment Rule (LT1 ESWTR) is not
jeopardized by recycle practices. The FBRR addresses the return of
certain waste flows to a conventional or direct filtration facility's
treatment process that may adversely affect plant performance and,
subsequently, pathogen removal.
Stage 2 Disinfectants/Disinfection Byproducts Rule
EPA plans to propose i Stage 2 Disinfectants/Disinfection
Byproducts Rule (DBPR) in the summer of 2001. (Note: Most smal
systems with <500 population served and that are in compliance wit
the Stage 1 DBPR at the point of maximum residence time most lik<
will not be impacted by the rule. Systems between 500 and 10,000
population served may have an additional monitoring point (beyonc
the Stage 1 requirements). If a small system is a consecutive systen
they must comply with the rule on the same schedule as the system
with the earliest compliance date in the combined distribution syste
The intent of the proposed rule is to reduce the variability of expos
lo disinfection byproducts (DBFs) for people served by different
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points in the distribution systems of public water supplies. EPA
believes that this decreased exposure will result in reduced risk
from reproductive and developmental health effects and cancer.
EPA is required under the Safe Drinking Water Act to promulgate
the rule as the second part of a staged set of regulations addressing
DBPs. Consistent with SDWA requirements for risk balancing,
EPA will propose and finalize the Long Term 2 Enhanced Surface
Water Treatment Rule (LT2ESWTR) at the same time as the Stage
2 DBPR, to ensure parallel protection from microbial and DBP
risks.
Long Term 2 Enhanced Surface Water Treatment
Rule
EPA plans to propose a Long Term 2 Enhanced Surface Water
Treatment Rule (LT2ESWTR) in the summer of 2001. The purpose
of the LT2ESWTR is to improve upon the microbial protections
provided by the IESWTR and LT1ESWTR, specifically for systems
with elevated vulnerability to the pathogen Cryptosporidium. The
LT2ESWTR incorporates system specific treatment requirements
based on a 'Microbial Framework' approach. Under LT2ESWTR,
large systems will monitor for Cryptosporidium in their source
water for two years. Systems whose source water Cryptosporidium
concentrations exceeds specified levels will be required to provide
additional treatment for this pathogen. Systems will choose
technologies to comply with additional treatment requirements from
a 'toolbox' of options. Small systems will have the same treatment
requirements as large systems but will have a reduced monitoring
burden. Small systems will be allowed to monitor for an indicator
organism like E. coli, and only systems whose indicator
concentrations exceed specified levels will be required to monitor
for Cryptosporidium. The compliance schedule for small systems
will be two years later than that for large systems in order to
accommodate the indicator monitoring.
Consumer Confidence Reports
All community water systems are required to provide annual
drinking water quality reports to their customers. Systems must
deliver these reports to their customers by July 1 annually. These
short reports provide consumers of public drinking water supplies
with information on the source of their drinking water, levels of any
contaminants found in the water, and potential health effects of any
contaminants that exceed federal or state public health standards, as
well as give them information on how to participate in drinking
water protection. Systems began providing these reports to
consumers in 1999 and results for the past two years indicate that
over 90% of systems required to prepare and distribute these reports
have done so by the required deadline. The third report is due by
July 1, 2001. EPA has developed a series of materials to help water
systems create these reports. You can find this information on
EPA's website at www.epa.gov/safcwater/ccrl.html.
Class V Injection Wells.
On December 7, 1999, EPA added new requirements for two
categories of Class V wells (Revisions to the Underground
Injection Control Regulations for Class V Injection Wells - Final
Rule - Federal Register 64 FR 68546). Class V injection wells are
typically shallow disposal systems that are used to place a variety of
fluids below the land surface. The Class V rule focuses on motor
vehicle waste disposal wells and large-capacity cesspools. These
two types of Class V wells are usually "low tech", shallow wells that
provide little to no protection against possible ground water
contamination. The fluids released by these wells have the potential
to contain elevated concentrations of contaminants that may endanger
drinking water. New large capacity (serving 20 or more people per
day) cesspools are banned nationwide as of April 5, 2000. Existing
large capacity cesspools will be closed nationwide by April 5, 2005.
New motor vehicle waste disposal wells are banned nationwide as of
April 5, 2000. Existing motor vehicle waste disposal wells will be
regulated in areas identified by States as sensitive for protecting
existing and future drinking water supplies. EPA has developed the
Small Entity Compliance Guide "How the New Motor Vehicle Waste
Disposal Well Rule Affects Your Business". The Guide is available
on the EPA website at www.epa.gov/safewater/uic/c5imp.html or you
can contact the Safe Drinking Water Hotline at 800/ 426-4791 and
request a copy.
Pesticide-Federal Insecticide,
Fungicide & Rodenticide Act (FIFRA)
Agricultural Pesticide Worker Protection Standards
(WPS) Update
The Code of Federal Regulations, 40 CFR, Parts 156 and 170 are
set to protect pesticide workers. These rules and regulations have
been revised as late as 6/26/96. EPA has available many items to
assist in compliance with the Worker Protection Standards, including
bilingual training manuals for pesticide applicators, videos and leaflets
for pesticide handlers, a pesticide safety poster for workers, a slide
presentation covering the "Standard," a heat stress guide, and other
items. A copy of the publication "Worker Protection Standard:
Materials Developed by EPA, States, and Other Organizations, "
which describes Worker Protection Standard materials and how to
obtain them, may be obtained from the EPA Certification and Worker
Protection Branch (http://www.epa.gov/pesticides/safety), (7506-C)
U.S. Environmental Protection Agency, Ariel Rios Building, 1200
Pennsylvania Avenue, N.W.,Washington, DC . 20460, or by calling 1-
703-305-7666. These WPS materials addressing pesticide safety and
training may also be obtained through EPA Regional Offices
(http://www.epa.gov/epahome/locate2.htm), States Agencies
(http://ace.ace.orst.edu/info/nptn/-statel.htm) the Cooperative
Extension Service (http://www.reeusda.gov/), the Government
Printing Office((www.gpo.gov/#info). and private agricultural supply
businesses.
The EPA Office of Pesticide Programs recently began a
comprehensive review of the WPS rule and its implementation The
first in a series of work shop meetings was held in Austin, TX in June
2000. The WPS stakeholders are welcome to participate in these
assessments/meetings.
The National Assessment of the Worker Protection Standard was
begun in FY2000. The initial public participation meeting was held in
June, 2000 in Austin, Texas. As a result of that meeting a number of
assessment themes or topic areas were identified for further
consideration. Workgroups on those topics are being formed and
work will continue at the next meeting scheduled for December 11-13
in Sacramento, California. Two more meetings are planned: one in
Florida during the spring and a final meeting in Washington, DC in
the fall of 2001. The assessment is expected to produce a number of
recommendations for improvement in the WPS program and will
serve as a guide for future Agency implementation efforts.
For further information and to be notified of future meetings, contact
the certification & worker protection branch referenced above or
consult their web site at www.epa.gov/pesticides/safety
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Restricted Use Criteria for Pesticides
In Ground Water Policy Statement
The Agency plans to publish a policy statement in the Federal
Register by this winter, which will establish criteria for determining
whether a pesticide should be considered for restricted use due to its
potential to reach ground water. Pesticide products classified for
restricted use may be purchased and used only by certified pesticide
applicators or individuals under their supervision. This policy does
not directly change the classification of any pesticide products.
EPA will propose restricted use classification for specific pesticide
products only after further evaluation of products which meet the
criteria.
This policy will lay some of the ground work for the Ground
Water Pesticide Management Plan Rule and will be published prior
to or concurrent with promulgation of the rule.
Ground Water and Pesticide Management Plan
This regulation would establish Pesticide Management Plans
(PMPs) as a new regulatory requirement. When issued, the rule
will prohibit use of certain pesticides unless they are managed in
accordance with an EPA approved State or tribal plan. The rule
would also specify procedures and deadlines for development,
approval and modification of plans by States and tribal authorities.
The Policy Statement on Restricted Use Criteria for Pesticides
in Ground Water (noted in our "Update elsewhere) will lay some of
the ground work for this regulation.
Final action on this rule is anticipated this Winter.
Hazardous Waste Management Resource
Conservation & Recovery Act (RCRA)
Revised Standards for Hazardous Waste
Combustion Facilities
Under the Clean Air Act (CAA) Amendment of 1990, EPA is
required to establish National Emission Standards for Hazardous
Air Pollutants (NESHAPs) for most hazardous waste combustors
(HWCs) (i.e., incinerators, cement kilns, boilers, and some types of
smelting furnaces). In addition, under the Resource Conservation
and Recovery Act (RCRA), EPA is required to establish standards
for all HWCs as necessary to ensure protection of human health and
the environment.
Consequently, the Agency established new emissions
standards for HWCs, for cement kilns, Light Weight Aggregate
Kilns (LWAKs), and incinerators under joint CAA and RCRA
authority.
Final action on cement kilns, LWAKs, and incinerators (Phase
I) has been completed (Sept. 30, 1999 FR p 52828) and included in
Item C-92.
The Agency is in the process of developing a proposal to
address boilers and other industrial furnaces that burn hazardous
waste. A notice of data availability (NOD A) was published that
presented the Agency's available data on hazardous waste boilers
and other industrial furnaces. Currently, the Agency is evaluating
comments submitted in response to the NODA.
Mercury-containing And Rechargeable
Battery Management Act: Codification of
Waste Management Provisions
The purpose of this would be to codify into the Code of
Federal Regulations certain provisions of the Mercury-Containing
and Rechargeable Battery Management Act that impact the May 11,
1995 Universal Waste Rule (40 CFR Part 273). The Act was signed
by the President on May 13, 199o.
Action on this specific rulemaking has now been suspended.
RCRA Reporting And Recordkeeping Burden
Reduction
To meet the goals of the Paperwork Reduction Act of 1995, the
Office of Solid Waste (OSW) plans to reduce its Subtitle C reporting
and recordkeeping burden on the regulated community, states, and the
public. On June 18, 1999, OSW published for review and comment a
Notice of Data Availability (NODA) with EPA's burden reduction
ideas, and their associated burden reduction estimates. This notice
may be found at the web site
www.epa.gov/epaoswer/hazwasti2/data/burdenreduction. After
reviewing the comments OSW received on the NODA, OSW will
publish a proposed rule to implement as many of these ideas as
warranted.
The EPA Office of Solid Waste (OSW) is committed to reducing
its paperwork burden by 40%, the goal established by the Paperwork
Reduction Act, and has already reduced its paperwork burden
substantially (by 1.6 million hours or 18%) through such reductions as
eliminating regulatory requirements for the Land Disposal Restrictions
Program and ending the requirement for states to prepare1 Capacity
Assurance Plans.
There are ongoing burden reduction efforts in OSW, such as
streamlining the Hazardous Waste Manifest, development of a
standardized permitting system, and a major overhaul of the Biennial
Report and the Hazardous Waste; Notification system.
The Office of Solid Waste has undertaken the Burden Reduction
Initiative, a major project that will further reduce paperwork burden.
Some of the ideas the initiative is working on are:
(1) OSW requires 334 notices and reports from facilities to show
compliance with its regulations. Approximately 100 of these notices
and reports that may be streamlined or eliminated;
(2) Changing regulations to specifically allow facilities to
electronically report and record all documents required is being
considered;
(3) Streamlining facility self-inspection requirements; and
(4) Reducing requirements, of the Land Disposal Restrictions
Program, which regulates the disposal of hazardous wastes. Now it is
planned to issue a proposed rule this coming Spring.
Solvent-contaminated Shop Towels And Wipes
EPA's Office of Solid Waste is developing a rulemaking that
would change the regulations affecting solvent-contaminated shop
towels, wipes, and rags. Currently, a disposable wipe or rag may be
regulated as a hazardous waste if that wipe or rag comes in contact
with a solvent that, when spent, is a listed hazardous waste or exhibits
a characteristic of hazardous waste. Regulatory requirements for
hazardous waste found in 40 CFR 261-266, 268 and 270 apply to
these wastes.
Reusable towels are provided a conditional exemption from
regulation as hazardous waste under most state programs. As a
condition of the exemption, however, the towels may not contain any
free liquids when they are sent offsite to a laundering facility.
Otherwise, there are few regulations applicable to reusable shop
towels.
The current rulemaking effort is directed to both clarifying and
streamlining requirements for disposable and reusable solvent-
contaminated shop towels, wipes and rags, such as record-keeping and
reporting, manifesting, etc., so long as specified conditions are met;
i.e., "no free liquids," and transported off-site in closed containers.
However, more stringent requirements would apply for wipes
disposed in a landfill.
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Standardized Permit For RCRA Hazardous Waste
Management Facilities
This rulemaking will allow a type of general permit, called a
standardized permit, for facilities that generate waste on-site in
tanks, containers, and containment buildings. Under the
standardized permit, facility owners and operators would certify
compliance with generic design and operating conditions set on a
national basis. The permitting agency would review the
certifications submitted by the facility owners or operators. The
permitting agency would also be able to impose additional site
specific terms and conditions for corrective action or other
purposes, as called for by RCRA. Ensuring compliance with the
standardized permit's terms and conditions would_occur during
inspection of the facility after the permit has been issued.
A Notice of Proposed Rulemaking (NPMR) is anticipated in
the Spring of 2001.
Hazardous Waste Recycling Regulations
EPA has promulgated streamlined, hazardous waste
management regulations governing the collection and transportation
of certain wastes which are frequently recycled, such as batteries,
recalled pesticides, and mercury thermostats, termed "Universal
Wastes." This Final rule (5/11/95 FR pp. 25491-551) and
Amendment (12/24/98 FR pp 71225-30) are included in the Item C-
51.
Modifications to the Definitions of Solid Waste and
Regulations of Hazardous Waste Recycling
Recycling of hazardous waste is governed by the resource
Conservation and Recovery Act (RCRA) hazardous waste
regulations. The portion of these regulations known as the
Definition of Solid Waste specifies whether hazardous materials
that are recycled are subject to RCRA regulatory jurisdiction or not.
Other parts of the regulations set forth requirements for managing
recycled hazardous waste. Previously, the Agency was developing
a broad revision to the recycling regulations. However, the Agency
has since determined that narrower sector-specific and waste-
specific changes are more appropriate. Thus, this general action has
been withdrawn. The sector-specific and waste-specific changes are
described elsewhere in this Update.
Glass-to-glass Recycling of Cathode Ray Tubes
(CRTs): Changes to Hazardous Waste Regulations
This rulemaking is part of the Reinventing Government effort.
It will revise text in the CFR to reduce burden or duplication, or
streamline requirements.
This action will revise the existing Federal hazardous waste
regulations to remove unnecessary regulatory barriers to glass-to-
glass recycling of cathode ray tubes (CRTs). A CRT is the main
component of a television or computer monitor. A CRT is made
largely of specialized glasses, some of which contain lead to protect
the user from X-rays inside the CRT. Due to the lead, when they
are disposed of or reclaimed, some CRTs are hazardous wastes
under the Federal Resource Conservation and Recovery Act
(RCRA) regulations. Glass-to-glass recycling involves the return of
used CRT glass to manufacturing of new CRTs.
This action is planned in response to a June 9, 1998
recommendation on CRT recycling from the Common Sense
Initiative (CSI) Council to The Environmental Protection Agency
(EPA). CSI is a consensus-based process for developing cleaner,
cheaper, smarter environmental improvements. The Council includes
representatives of industry; environmental groups; community groups;
environmental justice groups; labor; and, Federal, State, local, and
tribal governments. The recommendation involves minimizing RCRA
requirements for glass-to-glass recycling while retaining appropriate
controls to ensure protection of human health and the environment.
The goal of the recommendation is to facilitate an increase in glass-to-
glass recycling, thereby minimizing disposal of lead, increasing
resource recovery, and enhancing protection of human health and the
environment.
A Notice of Proposed RuleMaking (NPRM) is anticipated to be
published in April 2001.
Hazardous Waste Management: Spent Lamps
Rulemaking Status
EPA has published a final rule for the management of spent
hazardous waste lamps. The final rule was published on July 6, 1999
(64 FR pp. 36541), and a copy is included in Item C-51. This rule
adds spent hazardous waste lamps to the RCRA Universal Waste
Program, which contains streamlined requirements for record keeping,
storage, and transportation on the part of generators, collectors, and
transporters. Final disposal or recycling remains subject to applicable
RCRA Subtitle C regulations.
Hazardous Waste Management System; Identification
And Listing of Hazardous Waste: Inorganic Chemical
Manufacturing Wastes; Land Disposal Restrictions
for Newly Identified Wastes; And CERCLA
Hazardous Substance Designation And Reportable
Quantities
EPA, under an Environmental Defense Fund settlement
agreement, is proposing to amend the regulations for hazardous waste
management under the Resource Conservation and Recovery Act
(RCRA) to reduce hazards to human health and the environment for
three wastes from the manufacturing of inorganic chemicals. EPA is
also adding manganese to 40 CFR 261, Appendix VII and VIII; the 40
CFR 268 UTS table; and the F039 landfill leachate listing. Under the
settlement agreement, EPA had to review the wastes from 14
inorganic chemical manufacturing sectors including: sodium
dichromate production wastes, wastes from the dry process for
manufacturing phosphoric acid, phosphorus trichloride production
wastes, phosphorus pentasulfide production wastes, wastes from the
production of sodium phosphate from wet process phosphoric acid,
sodium chlorate production wastes, antimony oxide production
wastes, cadmium pigments production wastes, barium carbonate
production wastes, potassium dichromate production wastes, phenyl
mercuric acetate production wastes, boric acid production wastes,
inorganic hydrogen cyanide production wastes, and titanium dioxide
production wastes (except for chloride process waste solids). EPA
completed the review of the wastes from the above sectors and
published a proposal on September 14, 2000. The action is proposed
under the authority of section 3001(e)(2) of RCRA which directs EPA
to make a hazardous waste listing determinations for inorganic
chemical manufacturing wastes. The FR notice proposes to list as
hazardous three specific wastes: 1) baghouse filters from the
production of antimony oxide; 2) slag from the production of
antimony oxide that is disposed of or speculatively accumulated; and
3) nonwastewaters from the production of titanium dioxide by the
chloride-ilmenite process. The remaining wastes evaluated in the rule
were proposed to not be listed as hazardous wastes. Comments were
due on November 13, 2000. The Agency is currently reviewing the
comments in anticipation of drafting the final rule.
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Reinventing the Land Disposal Restrictions
Program
The Land Disposal Restrictions (LDR) program was
established to minimize threats posed by the land disposal of
untreated hazardous wastes. The program has been in place for a
number of years and now regulates all but the most recently listed
hazardous wastes. The Agency is now examining the LDR
program, exploring past accomplishments, current issues, and future
possibilities. The goals of the examination are to make the LDR
program more cost-effective, clearer, more enforceable, and, more
flexible while continuing to be environmentally protective. The
Agency published Advance Notice of Proposed Rulemaking
(ANPRM) to present initial thinking and the results of some
activities taken as part of the ongoing LDR Reinvention Project so
that the public will have an opportunity to comment. The ANPRM
was published June 19, 2000 (FR 6/19/00 pp. 37932-56). EPA is
now reviewing the comments to determine the next steps for this
project.
Land Disposal Restrictions; Potential Revisions for
Mercury Listed and Characteristic Wastes
In May 1999, EPA published an Advance Notice of Proposed
Rulemaking that described the issues the Agency has with the
current Land Disposal Restrictions (LDR) treatment standards for
mercury bearing hazardous wastes. Based on the comments
received on this ANPRM as well as other information the Agency
has collected, EPA is now preparing a proposed rule to revise some
of the LDR standards for mercury wastes. Specifically, EPA will
propose to allow treatment of elemental mercury waste (waste code
Ul 51) by technologies other than retorting for recovery of the
mercury. These proposed changes will allow for the treatment and
disposal of the large quantities of elemental mercury that are found
in the Department of Defense's stockpile and at chlor-alkali
facilities that close.
EPA also anticipates proposing a second phase of changes to
the mercury treatment standards when researching the performance
of stabilization technologies is finished. This second phase of
changes will most likely discuss possible treatment alternatives for
mercury waste that contains greater than or equal to 260 mg/kg total
mercury. The current regulations require retorting of this waste or
incineration if the waste also contains organics. The tentative date
for a proposed rule: is now December of this year (2001).
Uniform Hazardous Waste Manifest Update
Further Rulemaking actions under consideration which address
management of hazardous wastes include a revision of the Uniform
Hazardous Waste Manifest to reduce the paperwork burden
associated with the manifest, consistent with the current Agency
objectives for burden reduction. Currently, many states collect
manifests, and they may require additional information to be
supplied on the manifest in the optional blocks provided on the
form. This can become burdensome when waste must be
transported to several different states and each state has slightly
different requirements or requires its own form. Also, some states
require paying a fee to obtain their manifest. The Agency seeks to
reduce the burden of the manifest by streamlining the form by
prescribing one universal form, and, where feasible, by utilizing
automated information technologies which facilitate the electronic
completion, signing, transmission, and storage of manifest data.
A notice of proposed rulemakirig has been scheduled for about
January 2001.
Hazardous Waste Identification Rule (HWIR)
On November 19, 1999, the Environmental Protection Agency
published in the Federal Register a proposal retaining and revising the
mixture and derived-from rules under RCRA's hazardous waste
management program (64 FR 63381). The mixture and derived-from
rules ensure that hazardous wastes that are mixed with other wastes or
treated in some fashion do not escape regulation as long as they are
reasonably likely to continue to pose threats to human health and the
environment. This proposal also includes a discussion of two
regulatory options for concent! ation-based exemptions, (i.e., a
"generic" exemption and a "landfill-only" exemption). In addition,
this notice discusses the possibility of revising the Land Disposal
Restrictions (LDRs) by replacing technology-based treatment
standards in 40 CFR 268.40 and 268.48 with risk-based treatment
standards.
The original mixture and derived-from rules were promulgated in
1980 but were vacated by the D.C. Circuit Court of Appeals in 1991
based on the court's belief thai these rules had been promulgated
without adequate public notice and opportunity for comments. The
court recommended that EPA reinstate these rules on an emergency
basis to ensure the continued protection of human health and the
environment. Shortly after these rules were reinstated, Congress
enacted a mandate to revise the mixture and derived-from rules by the
deadline of October 1, 1994. That deadline was not met by the
Agency and thus EPA is subject to the consent decree dated April
1997 (Environmental Technology Council v. Browner, C.A. No. 94-
2119, 94-2346). This consent decree required this recently published
proposal, and final action on revisions to the mixture and derived-
from rules by April 30, 2001.
Information related to this proposal is available in electronic
format on the Internet at:
.
Other information may be obtained by contacting the RCRA Hotline
at (800) 424-9346 or in the Washington, D.C. metropolitan area at
(703)412-9810.
Hazardous Waste Storage and Disposal Regulation
Related to Low Level Mixed Waste
The Environmental Protection Agency (EPA) seeks to amend its
regulations under Subtitle C of the Resource Conservation and
Recovery Act (RCRA) to provide a conditional exemption from
certain requirements for eligible mixed waste. The "Storage,
Treatment, Transportation, and Disposal of Mixed Waste; Proposed
Rule" was published in the Federal Register on November 19, 1999.
Mixed waste is a radioactive RCRA hazardous waste. It is
regulated under two authorities: 1) the Resource Conservation and
Recovery Act (RCRA), as implemented by EPA or authorized states
for the hazardous waste component; and 2) the Atomic Energy Act o
1954, as amended (AEA), for the radiological component as
implemented by either the Department of Energy (DOE), or the
Nuclear Regulatory Commission (NRC) or Agreement States.
The focus of the proposed rule is to provide flexibility under
RCRA Subtitle C to generators of eligible mixed waste. EPA is
proposing a conditional exemption from the definition of hazardous
waste applicable to: low-level mixed waste (LLMW) for storage; and
LLMW, or hazardous waste contaminated by Naturally Occurring
and/or Accelerator-produced Radioactive Material (NARM) for
transportation and disposal. The proposal is expected to reduce dual
regulation for generators in the management and disposal of their
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wastes. This flexibility will enable generators of LLMW who are
licensed by the Nuclear Regulatory Commission (NRC) to claim an
exemption for storing and treating these wastes in tanks or
containers (using solidification, neutralization, or other stabilization
processes) without a RCRA permit. The proposal will also provide
flexibility for the manifesting, transportation and disposal of
eligible mixed waste. Waste meeting the proposed conditions will
be exempted from certain RCRA Subtitle C hazardous waste
requirements and managed as radioactive waste in accordance with
NRC or Agreement State regulations.
The Federal Register Notice is available in electronic format
on the Internet at .
EPA requested public comment on the proposal. The comment
period_ended February 17, 2000.
EPA expects to promulgate this rule in April 2001.
Small Quantity Generator Handbook
A handbook has been published, "Understanding the
Hazardous Waste Rules--A Handbook for Small Business-1996
Update" [EPA-530-K-95-001], June 1996, which is available in
Item C-10. Also, included with the handbook in Item C-10 is an
Addendum, which provides information on Department of
Transportation regulated waste transport requirements and domestic
sewage requirements for hazardous wastes. In addition, in an
"Appendix A," the Regional and State contacts for the regulated
waste program are "updated," and notations are made on which
states require fees for obtaining copies of the Waste Manifests for
transport of the waste generated. Other appendices in the
Addendum provide sources of information and guidance on waste
minimization and pollution prevention.
Used Oil Management Standards
On May 6, 1998, EPA issued a Direct Final Rule (5/6/98 FR
pp 24963-9) which included eight amendments clarifying various
parts of the used oil management standards and provisions of the
hazardous waste regulations concerning used oil. EPA also issued a
notice of proposed rulemaking on May 6, 1998 (63 FR 25006), in
which the Agency proposed and solicited public comment on the
same eight amendments. EPA received relevant adverse comments
on three of the amendments in this rulemaking: the amendments to
40 CFR 261.50) (mixtures of conditionally exempt small quantity
generator waste and used oil) 40 CFR 279.10(1) (applicability of the
used oil management standards to used oil contaminated with
polychlonnated biphenyls (PCBs), and 40 CFR 279.74(b) (record-
keeping requirements for marketers of used oil that meets the used
oil fuel specification). Accordingly, on July 14, 1998 (7/14/1998
FR pp 37780-3), the Agency withdrew these three amendments and
reinstated the regulatory text that existed prior to the May 6, 1998
Direct Final Rule. These Federal Register Notices are included in
the OSBO Item C-36. EPA will promulgate a final rule in the near
future (pending review and approval by EPA's office of general
counsel) finalizing the three amendments, as appropriate, and
addressing the comments received. The five amendments that did
not receive relevant adverse comment became effective on July 6,
1998 as provided in the May 6, 1998 Direct Final Rule.
EPA also received supportive comments on the three
amendments being withdrawn, as well as, the other amendments
issued in the May 6, 1998 Direct Final Rule. All of the comments
received on the May 6, 1998 Direct Final Rule are available on the
Internet: http: //ww\\ .epa.gov/epaoswer/hazwaste/usedoil/index.htm
and at the RCRA Information Center, at 1-703-603-9230. EPA
pamphlet 530-SW-89-039A "How to Setup a Local Program to
Recycle Used Oil" May 1989 is included in OSBO Item C-68.
Above-ground Storage Tanks (AST)/SPILL
Prevention Control and Counter-measures Update
The EPA has promulgated the Oil Pollution Prevention rules
under Title 40 CFR Part 112 included in Item C-77 requiring that
facilities prevent oil spills and ensure preparedness in the event of
spills. This rulemaking is commonly known as the Spill Prevention
Control and Countermeasure (SPCC) regulation. The rulemaking
deals with spill prevention. The SPCC program concerns regulation
of non-transportation related facilities with above-ground storage
capacity in excess of 1,320 gallons or 660 gallons in a single tank, or
buried tanks of greater than 42,000 gallons capacity. Proposed Rules
were published (FR 10/22/91, pages 54611-41), and (FR 2/17/93,
pages 8841-4 and pages 8846-8) which are included m Item C-77.
The Clinton Administration is committed to reducing the burden that
EPA regulations place on facilities without jeopardizing the level of
environmental protection. In support of this objective, the EPA has
completed a study of a cross-section of facilities which store oil to
determine the level of risk the various facilities pose to neighboring
populations and the environment. Proposed rule was published (FR
12/2/97, pages 63812-20), which is included in Item C-77.
The rule 40 CFR Part 112, included in Item C-77, also concerns
facility preparedness and development of response plans under the Oil
Pollution Act (the Act of 1990) which requires that EPA issue
regulations to require "Facility Response Plans" (FRP) covering
events which could cause substantial harm to the environment. Also,
included in publication Item C-77 is the National Response Team's
Integrated Contingency Plan Guidance, Notice 6/5/96 FR pp. 28641-
64, with corrections, 6/19/96 FR pp. 31163-4, which provides
additional guidance on emergency plan preparation. An amendment
to the Facility Response Plan requirements has been published as a
Final Rule (FR 6/30/00 pp. 40775-817) which is also included in Item
C-77.
Superfund Comprehensive Environmental
Response, Compensation & Liability Act
(CERCLA)
CERCLA Lender Liability Policy
As enacted in 1980, section 101(20)(A) of CERCLA exempted
from "owner or operator" liability "a person who, without
participating in the management of a vessel or facility, holds indicia of
ownership primarily to protect his security interest in the vessel or
facility." Because this language created uncertainty among lenders
and other secured creditors as to what types of actions they could take
to protect their security interests without forfeiting the protection of
this exemption, EPA promulgated the CERCLA Lender Liability Rule
in 1992. 57 Fed. Reg. 18344 (April 29, 1992). However, in the 1994
case ofKelley v. EPA', the U.S. Court of Appeals for the District of
Columbia Circuit struck down this rule, finding that EPA lacked the
authority to define the scope of liability by regulation. Congress
subsequently enacted the Asset Conservation, Lender Liability, and
Deposit Insurance Protection Act of 19962 ("the Act") to provide
greater certainty in this important area. Among other things, the Act
added new lender liability provisions to CERCLA and validated the
portion of the CERCLA Lender Liability Rule that addresses
involuntary acquisitions by government entities. These provisions of
the Act are applicable to all claims not finally adjudicated as of
September 30, 19962. On June 30, 1997, EPA issued a policy
interpreting the provisions of the Act that relate to lender liability and
involuntary acquisitions by government entities. A copy of this policy
is available on EPA's public Web site at:
www. epa. go v/oeca/osre/97063 0. html.
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'15 F.3d 1100 (D.C. Cir.), reh'g denied, 25 F.3d 1088 (D.C. Cir.
1994), cert, denied sub nom. American Bankers Ass'n v. Kellev.
115S.Q. 900(1995).
2Pub. L. No. 104-208, งง 2501-2505, 110 Stat. 3009, 3009-462 to
.3009-469(1996).
Emergency Planning, and Community
Right-to-know Act (EPCRA)
Supporting the State Local Emergency Planning
Committees (LEPC)
Major requirements of the Act include emergency planning for
designated hazardous substances (Extremely Hazardous Substances,
or "EHS") above threshold reporting quantities; reporting releases
of EHS and hazardous substances above reportable quantities;
submission of Material Safety Data Sheets (MSDS) to planning
groups; and submission of annual reports on March 1, 2001
covering inventories of hazardous substances, which for any time in
the reporting year exceed the stated reporting thresholds. These
requirements are explained in the "Community Right-to- Know and
Small Business" pamphlet, Item K-32. A final rule was published
on 5/7/96 FR pp. 20473-90, effective 7/8/96, on changes in the EHS
list and reportable quantities. This Final Rule is included in Item K-
30.
EPA issued a Proposed Rule (6/8/98 FR pp. 3269-317)
designed to simplify reporting under Sections 311-312 of the
"Emergency Planning and Community Right-to-Know Act"
(EPCRA). This proposed rule is also included in Item K-30. In this
Proposed rule, EPA has proposed several changes:
Higher reporting thresholds for gasoline and diesel fuel at
retail gasoline stations. Retail gas stations that store gasoline
and diesel fuel entirely underground and are in compliance
with underground storage tank (UST) regulations would be
subject to the following thresholds under section 311-312:
75,000 gallons for all grades of gasoline combined and
100,000 gallons for diesel fuel. EPA estimates that the vast
majority of retail gas stations will have less than these
quantities.
Greater reporting flexibility and elimination of routine
reporting requirements for: rock salt, sand, gravel, and other
materials. Facilities that store or handle rock salt, sand, and
gravel no longer would report these substances under sections
311-312, regardless of how much was onsite.
Clarify reporting of mixtures and change the interpretation of
the existing hazardous chemical exemption for solids under
Section 311.
Solicited comments on the changes as noted above, and also
asked for comment on several issues that would give State and
Local Governments more flexibility to implement the existing
requirements of EPCRA sections 311-312.
Partnership programs for streamlined submission of and joint
access to section 311 and 312 information;
Electronic submittal of information;
Reporting of ONLY changes in information, rather than
submitting a new inventory each year;
Allowing RCRA UST reports to fulfill EPCRA Section 312
requirements.
This notice proposes to rewrite the existing regulations under
Sections 302-312 of EPCRA in a "Plain Language" format, and
incorporates the requirements addressed in the Final rule (5/7/96 FR
pp. 20473-90). Comment is also being sought on the use of the
"Plain English" in this rule.
The texts of the proposed rule are available also in electronic
format at:http://www.epa.gov/ceppo/, EPA's Chemical Emergency
Preparedness and Prevention Office Home Page. EPA issued a final
rule February 11,1999 (Relief for retail gas stations) that eliminated
reporting on gasoline and diesel fuel stored entirely underground in
tanks, fully in compliance with Underground Storage Tank (UST)
Regulations at retail gas stations with thresholds of:
75,000 gallons for all grades of gasoline combined and 100,000
gallons for diesel fuel.
Convenience stores and truck stops that sell gasoline or diesel
fuel to the public also meet the definition of retail gas stations.
Retail gas stations that meet these criteria were not required to
file Tier I or Tier II reports for calendar year 1998. This final rule is
included in Item K-30.
EPA is currently drafting a supplemental notice to the June 8,
1998 Proposed rule. This notice is likely to be published in the Spring
of 2001. The other items in the proposed rule of June 8, 1998 will
most likely not be finalized unti' 2001.
Toxics Release Inventory (TRI) (Update)
The EPCRA Section 313 program is also referred to as the
Toxics Release Inventory or TRI. Under Section 313, facilities are
required to report releases and other waste management of specifically
listed chemicals. Facilities that meet all three of the following criteria
are subject to EPCRA Section 313 release and other waste
management reporting: (1) have 10 or more full-time employees or the
equivalent; (2) are in a covered SIC Code (including SIC codes 10
(except 1011, 1081, and 1094), 12 (except 1241), 20-39, 4911, 4931,
4939 (4911, 4931, 4939 limited to facilities that combust coal and/or
oil for the purpose of generating electricity for distribution in
commerce), 4953 (limited to facilities regulated under RCRA Subtitle
C, 42 U.S.C. section 6921 et seq.\ 5169, 5171, and 7389 (limited to
facilities primarily engaged in solvents recovery services on a contract
or fee basis)); and (3) exceed any one threshold for manufacturing
(including importing), processing, or otherwise using a toxic chemical
listed in 40 CFR Section 372.6 5. See also the Final Rule, 5/1/97 FR
pp. 23833-92, included in K-29.
If a facility meets the employee threshold and is in a covered SIC
code, but its annual reportable amount of the toxic chemical does not
exceed 500 pounds and the fac.lity has not manufactured, processed,
or otherwise used more than one million pounds of the toxic chemical,
the facility may submit the Form A (a two-page certification
statement) instead of the Form R. However, if the facility exceeds
either the 500 or one million pound limits, it must report on the Form
R.
Facility Expansion - On May 1, 1997, EPA published a final rule
(5/1/97 FR pp. 23833-92) to add certain industry sectors to the current
list of facilities required to report to TRI. These new industries will
begin reporting their releases end other waste management
information for activities conducted in 1998 with reports due by July
1, 1999. This final rule adds tiie following seven industry groups to
TRI: metal mining, coal mining, electric utilities, commercial
hazardous waste treatment, chemicals and allied products (wholesale),
petroleum bulk terminals and plants, and solvent recovery services.
This rule is included in K-29.
Persistent Bioaccumulati v'e Toxic Chemicals (PBTs) - On
October 29, 1999 (64 FR 58666) EPA published a final rule which
lowers the EPCRA section 313 reporting thresholds for persistent
bioaccumulative toxic (PBT) chemicals and adds certain other PBT
chemicals to the EPCRA section 313 list of toxic chemicals. The rule
also includes modifications to certain reporting exemptions and
requirements for the chemicals newly subject to the lower reporting
thresholds. These PBT chemicals are of particular concern not only
because they are toxic but also because they remain in the
environment for long periods of time, are not readily destroyed, and
build up or accumulate in body tissue. The new rule was effective
January 1, 2000. Therefore, the new requirements apply for TRI
reports on releases and waste management for the year 2000 which
must be submitted to the Agency by July 1, 2001. The list of PBT
chemicals affected by the new rule include: Aldrin;
Benzo(g,h,i)perylene*; Chlordane; Dioxin and dioxin-like compound
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category*; Heptachlor; Hexachlorobenzene; Isodrin; Methoxychlor;
Octachlorostyrene*; Pendimethalm; Pentachlorobenzene*;
Polycyclic aromatic compounds category; Polychlorinated biphenyl
(PCBs); Tetrabromobisphenol A*; Toxaphene; Trifluralin;
Mercury; and Mercury compounds (PBT chemicals newly added to
the EPCRA section 313 list of toxic chemicals are indicated by an
asterisk). This rule is also included in K-29.
Lead and Lead Compounds -On January 17, 2001, EPA
published a final rule which lowers the reporting thresholds for lead
and lead compounds. The first reports using the lower thresholds
will be due on or before July 1, 2002 (i.e., for calendar year 2001
reports). EPA believes that lead and lead compounds are persistent,
bioaccumulative toxic (PBT) chemicals that warrant lower reporting
thresholds than those currently established under EPCRA section
313. The rule includes a limitation on the reporting of lead when
contained in certain alloys and proposed modifications to certain
reporting exemptions and requirements for lead and lead
compounds. ( Also included in K-29).
Pollution Prevention Act - The Agency is currently working
on a proposed rule to define terms and clarify reporting
requirements to assure that data reported pursuant to the Pollution
Prevention Act (PPA) are accurate and consistent. The proposal is
expected to be issued by the end of 2001. Section 8 of the TRI
Form R currently contains the majority of Pollution Prevention Act
reporting elements which primarily include quantities of toxic
chemicals managed as waste.
Toxics Release Inventory (TRI) Public Data Release
EPA released the 1998 TRI Data in May 2000. TRI summary
information and data access is available via the web at
www.epa. gov/tri/tri98. The TRI98 website provides fast and easy
access to the data overview and relevant TRI information (including
tables, charts, and maps). The TRI data can be accessed with a new
tool, the TRI Explorer, as well as through other tools described on
this page. Since then, EPA also released the more detailed 1998
TRI Public Data Release Report and State Fact Sheets. These
documents are available on the 1998 TRI website noted above or by
calling EPA's National Service Center for Environmental
Publications (NSCEP) at (800) 490-9198 (TRI Publication Data
Release report reference EPA 745-R-00-007; and 1998 TRI State
Fact Sheets reference EPA 745-F-00-003).
The 1997 Toxics Release Inventory (TRI) Public Data Release
was released in 1999. The titles and publication numbers for the
two documents released in 1999 include: the 1997 Toxics Release
Inventory, EPA 745-R-99-003 and the 1997 Toxics Release
Inventory, Public Data Release, State Fact Sheets, EPA 745-F-99-
001. (Item in K-63).
(Copies of these documents may be obtained by calling the
Emergency Planning and Community Right-to-Know Act (EPCRA)
Hotline at (800) 535-0202 (in the Washington, DC area call
(703)412-9877). Information is also found at the Web site
http://www.epa.gov/tri
Toxic Substance Control Act (TSCA)
Asbestos Worker Protection Rule
EPA issued a Final Rule on November 15, 2000 (FR Page
69200) amending the Asbestos Workers Protection Rule and the
Asbestos-m-School Rule (40 CFR 763 Subpart G).
The amendments protect state and local government employees
by adopting the Asbestos Standards of the Occupational Safety and
Health Administration for those employee that do not have OSHA
approved State plans. Additionally, the Final Rule removed
40CFR763, Subpart E, Appendix B, Work Practices and Engineering
Controls for Small-Scale, Short-Duration Operations, Maintenance
and Repairs (O&M) activities involving ACM. Item E-19
Lead; TSCA Section 403; Identification of Dangerous
Levels of Lead
In accordance with Section 403 of TSCA, as amended by the
Residential Lead-Based Paint (LBP) Hazard Reduction Act of 1992,
EPA is to promulgate regulations that identify lead-based paint
hazards, lead-contaminated dust, and lead-contaminated soil. An
interim guidance was published in 60 FR 47276, 9/11/95 which will
continue to serve as EPA's official policy until the final rule is
promulgated. A proposed rule was published in 63 FR 30302, 6/3/98;
Part 745, Subpart D, Lead-Based Paint Hazards. Item E-45.
Lead: Management and Disposal of Lead-based Paint
Debris
EPA is proposing a rule under TSCA to provide new standards
for the management and disposal of LBP debris generated by
contractors. EPA also is separately proposing temporary suspension
of the regulations under Subtitle C of the Resource Conservation and
Recovery ACT (RCRA), which currently apply to LBP debris. The
new TSCA standards do not address LBP debris generated by
homeowners in their own homes. The notice of the proposed rules
were published in the FR 12/18/98, pp 70190 and 70233. Subpart P
Item E-47.
General
National Environmental Laboratory Accreditation
Conference (NELAP)
The 11 NELAP Accrediting Authorities (California, Florida,
Illinois, Kansas, Louisiana, New Hampshire, New Jersey, New York,
Oregon, Pennsylvania, and Utah) will announce the first round of
NELAP accredited laboratories in January 2001. There will be
approximately 1000 laboratories that have successfully met all the
National Environmental Laboratory Accreditation Conference
(NELAC) standards. With this auspicious beginning, the universe of
NELAP Accrediting Authorities and NELAP accredited laboratories is
expected to expand rapidly in the near future.
Background
NELAC is a voluntary association of State and Federal Agencies
formed to establish and promote mutually acceptable performance
standards for the inspection and operation of environmental
laboratories. Private sector input to the process is obtained through a
variety of mechanisms including open semi-annual meetings,
committee participation, and the Environmental Laboratory Advisory
Board (ELAB), a federally charted committee that receives advice
from a balanced representation of the private sector. NELAP is the
EPA program that supports NELAC and recognizes the NELAP
Accrediting Authorities.
The NELAC standards have been developed through a consensus
process and are the foundation for recognition among the various
accrediting authorities. The NELAC standards are primarily designed
around two guidance documents that originated with the International
Organization for Standardization (ISO), a body that develops
consensus standards in a variety of technical fields. The two
documents are ISO/IEC Guide 25-1990: "General Requirements for
the Competence of Calibration and Testing Laboratories", and
ISO/IEC Guide 58: "Calibration And Testing Laboratory
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Accreditation Systems-General Requirements For Operation And
Recognition". The NELAC standards are currently undergoing
revision to comply with ISO/IEC Standard 17025.
All aspects of NELAC are voluntary, requiring neither
Congressional mandate nor EPA rulemaking. However, the state,
territorial and federal agencies may make participation mandatory
for the laboratories under their jurisdiction. Approval as aNELAP
Accrediting Authority does require that states recognize laboratories
accredited by other NELAP Accrediting Authorities.
A major goal of NELAC is to assure that decisions being made
from analytical data have a sound technical, scientific, and
statistical basis. The standards have been designed to help assure
that the NELAC-accredited laboratories deliver data of the required
level of quality. NELAC standards provide a flexible system,
designed to accommodate the various operational procedures and
processes of the states under the regulatory programs delegated to
the states by EPA.
EPA and States are Improving Facility
Identification Information and Providing an Error
Correction Service
EPA and the States are working to improve the way regulated
facilities are identified in environmental databases. One goal of this
effort is to reduce duplicate reporting of facility identification
information from companies, thereby reducing the reporting burden
on the regulated community.
Phase 1 of this process was to establish a standard set of data
elements for facility identification, such as the facility name,
physical address, locational data, business classification and contact
information These data elements have an EPA data standard,
which collection efforts are now incorporating into their reporting
requirements. Although the data standard does NOT require any
reporting requirement to expand their data elements, they do
standardize the definition for the data elements that may be used to
identify facilities. (To view the EPA's Environmental Data
Registry go to http://www.epa.gov/edr.) As these standards are
adopted by environmental collections, there will be opportunities to
eliminate duplicate reporting elements, thus reducing the reporting
burden.
Phase 2 of the project was to make the existing facility
identification data available on the Internet through EPA's
Envirofacts Warehouse ( http://www.epa.gov/enviro ). Using this
web database, a company can search EPA's databases to find all the
occurrences of the company and its related facility information.
EPA and the States are continuously working to improve the
accuracy of this facility identification data.
The Envirofacts Warehouse now offers a new feature that
facilitates the notification to EPA if an error is found in any of the
environmental information, including the facility identification
information. To use this feature, simply click the red error button
from the top navigation bar on each web page providing facility
information. This service is available now to users who wish to
correct data available from the EPA web site.
The 3rd phase of this effort is the development and creation of a
master record with accurate facility identification information for
each of the over 750,000 facilities that are subject to environmental
regulations. Over 160,000 " master" records have been created with
a goal of increasing that number to 250,000 records by the end of
2001. Many States who are developing "master" records are
beginning to share these records with the EPA. The EPA records
are available through the Envirofacts Warehouse web site. Once
each facility has a "master" record, EPA will be able to pursue the
identification of similar data and, where possible, begin to
aggressively reduce and eliminate duplicate reporting. Companies
are urged to visit the Internet site identified above.
Sector Facility Indexing Project Sector
Facility Data Put on The Internet
Information gathered under EPA's Sector Facility Indexing Project
(SFIP) on the environmental performance of hundreds of facilities in
five major industries is now available through the Internet.
The industrial sectors currently covered are automobile assembly, pulp
manufacturing, petroleum refining, iron and steel production, and the
primary smelting and refining 01" aluminum, copper, lead and zinc
(nonferrous metals).
The new database covers approximately 650 facilities with the five
sectors, and for the first time collects in one place information the
facilities must provide under a number of federal environmental
statutes. The data includes information on past inspections and
enforcement actions, the size of the facilities and their annual releases
of chemicals into the environment, and demographic data about
communities near the facilities.
The database has multiple uses, facilities can benchmark their data
against that of other similar facilities, or simply monitor their own
regulatory performance. The database gives environmental and
community groups easier access :o information they can use to learn
about the environmental performance of individual facilities.
Government agencies can use tne information as a planning tool.
EPA stakeholders, including environmental and community
organizations, have commented on the project. Each facility included
in the pilot project received a copy of its compliance and enforcement
data and was given an opportunity to submit comments. State
agencies also received the information for review, since a large
portion of the data is provided to EPA by state governments. EPA
modified the data as appropriate, but found most of the data to be
accurate. The agency has devebped a comment process so that all
users can continue to provide feedback..
The database is avai able at Internet address
http://www.epa.gov/oeca/sfi. Since it has been available, the website
has been used extensively for research and is considered a valuable
tool. In keeping with SFIP's policy to incorporate information as it
becomes available, the data included within the project have been
updated 6 times since the project's release.
The Agency has completed a formal evaluation of SFIP's initial
year of availability. Obtaining feedback from all stakeholders
(government, facilities, trade association, environmental groups), the
evaluation has shown SFIP to be successfully meeting its goals of
providing greater public access to accurate compliance and facility-
level information as well as improving multimedia facility profiling
and sector based analysis. The e\ aluation also identified widespread
interest for an expansion of SFIP. This, after taking into consideration
the comments received, the Ageniy will be expanding SFIP to include
a subset of Federal facilities. Thซ Agency's goal is to complete the
expansion by year's end. The evaluation report is electronically
available on the project's website. We have included more
information on the Sector Facility Indexing Project in the OSBO Item
A-12.
Environmental Technology Verification Program
The Environmental Technology Verification Program (ETV) was
started by the U.S. Environmental Protection Agency (EPA) in
October 1995 to address the need for credible environmental
technology performance data to help businesses and communities
better utilize the available environmental technology choices. ETV
operates through public/private testing partnerships to verify the
performance of commercial-ready private sector environmental
technologies in all media - air, water, soil, eco-systems, waste,
pollution prevention, and monitoring. As of December 31, 2000, 115
private sector environmental technologies have been verified, over
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100 additional technologies are in the testing process, and another
150 have submitted applications for testing. Information on the
ETV program may be accessed at the ETV web site:
www.epa.gov/etv.
The ETV program also has a listserv, ETVoice, which sends a
brief monthly message to anyone interested in the ETV program
highlighting new and updated information on the web site. You
may subscribe to ETVoice though the web site.
The ETV Program Director is Penelope Hansen who may be
reached at hansen.pennv@epa.gov. or at 202-564-3211.
Environmental Management Systems (EMS)
Implementation Guide
Recognizing the potential difficulties faced by small and
medium sized organizations wishing to put EMSs in place, EPA's
Offices of Water and Compliance Assurance have produced a guide
to EMS implementation specifically to the needs of these types of
organizations The Guide is based on the elements of the ISO
14001 standard and is written in plain, easy to understand language.
Several small organizations worked with EPA and NSF
International (NSF) to design and review the Guide and hundreds of
organizations throughout the world are presently using it. The
Guide provides a step-by-step approach for putting an EMS in place
and gives a number of examples from companies that have already
done so. Contact person is Jim Home, (202) 564-0571
INTERNET: http://www.epa.gov/owm/iso2.html. The Guide also
provides tips for putting in place an effective approach for
managing an organization's compliance with regulatory
requirements and using pollution prevention techniques to enhance
the environmental management system. A revised version of the
Guide will be issued by the end of the year 2000. Collaboration has
been expanded to include OW, OECA, OPPTS, and OPEL. For
copies of the Guide, call 1- (800) 368-5888, Item B-12.
Participation Policies
The Common Sense Initiative (CSI), a bold reinvention effort
launched by EPA Administrator Browner m 1994, held its final
meeting on December 17, 1998. Using an inclusive and
unprecedented process, CSI brought together industry, state and
local governments, environmental and environmental justice
groups, and organized labor to work together to find strategies that
work more fairly, efficiently and cost effectively for industry and
other stakeholders.
One of the final and lasting accomplishments of the CSI multi-
stakeholder group was for EPA to adopt a new Stakeholder
Involvement Action Plan that builds on CSI experience and outlines
what the Agency will do differently in the future to enhance EPA's
Stakeholder Involvement Programs. The primary goal of the
Action Plan is to better integrate stakeholder involvement activities
throughout the Agency.
The first item in the Action Plan calls for EPA to assess and
establish agency-wide principles for stakeholder involvement. This
effort is a direct link to a July 1999 Report entitled, "Aiming for
Excellence - Actions to Encourage Stewardship and Accelerate
Environmental Progress, Report of the EPA Innovations Task
Force," which pledges the Agency to evaluate and update EPA's
public participation requirements. To address these joint concerns,
EPA convened a workgroup that is scheduled to give a report to the
Administrator by January 31, 2000, which will contain an inventory
of EPA regulations and policies regarding public participation and
an initial assessment of how well these regulations and policies
ensure public participation in decision making. To fulfil this
commitment, the workgroup is seeking public comment on two
issues:
1. What changes need to be made to the 1981 Policy on Public
Participation? What is working well, and how does the experience
of the past nineteen years suggest the need for improvements in the
general procedures for involving the public in EPA programs and
decisions?
2. How can we further engage the public in the effort to revise
the 1981 Policy and other EPA regulations and policies which may
need to be updated in regard to public participation? What are the
suggested elements of a strategy to further engage the public in
updating requirements and filling gaps in EPA's regulations and
policies concerning public participation?
These questions were recently posed in a federal register notice with a
30 day public comment period that ended December 30,1999. As
stated in the original notice, EPA is still seeking input on these
questions and will use your comments as the Agency moves further in
updating the 1981 policy and other stakeholder involvement
regulations and policies. For a copy of the federal register notice, go
to EPA's stakeholder website at www.epa.gov/stakeholden To
provide comments, contact Deborah Dalton at EPA by fax at 202 260-
5478 or submit comments through the stakeholder website. Keep an
out on the website for a posting of all comments received on this
issue.
Revised Small Lab Environmental Management
Guide
See the special announcement on the Guide's availability in this
Newsletter. The Guide can also be found and downloaded from the
EPA Small Business Ombudsman's Home Page www.epa.gov/sbo and
the State Small Business Home Page www.small.biz.enviroweb.org.
We have completed a project to update and expand the Guide. There
is more comprehensive coverage of environmental management issues
affecting small labs. New areas of coverage include radioactive
materials and biologically active substances. A summary of hazardous
waste management techniques allowing on-site treatment is included,
as well as, expanded pollution prevention opportunities, and
opportunities for cost efficiencies. See Item B-16
Consolidation of Good Laboratory Practice Standards
(GLPS) Regulations Currently Under TSCA And
FIFRA Into One Rule
On November 29, 1983, EPA published Good Laboratory
Practice Standards (GLPS) regulations intended to help ensure data
integrity for studies required to support marketing and research
permits under the Federal Insecticide, Fungicide, and Rodenticide Act
(FIFRA) and the Toxic Substances Control Act (TSCA). These rules
were last amended on August 17, 1989. GLPS data integrity measures
can be applied to a wide variety of scientific studies. Although the
TSCA and FIFRA GLPS contain identical provisions, they were
published as separate rules to account for statutory and program
differences between TSCA and FIFRA, such as differences in records
retention requirements. EPA believes it will be able to address the
differences between TSCA and FIFRA, such as differences in records
retention requirements. EPA believes it will be able to address the
differences of those programs without duplicating the entire GLP
standard in two places.
This action is intended to consolidate EPA's GLPS into one rule.
Program specific requirements will be addressed in either separate
sections of the consolidated rule, or in separate rules as is determined
appropriate. This action is not intended to change the requirements,
applicability, or enforceability of GLPS with respect to any statute.
EPA has received comments from stakeholders regarding the
understandability of many aspects of the GLPS, and over the years has
issued numerous clarifications. EPA believes that some clarifications,
if included directly in the rule, would make the rule easier to
understand and enhance compliance. Therefore, EPA intends to
include such clarifications where appropriate in this rulemaking.
Finally, in the interest of maintaining consistency between EPA's and
Food and Drug Administration's regulations, EPA will determine any
25
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modifications that have occurred to the FDA GLP rule and consider
incorporation such changes into the EPA rule. This action will
serve to reduce the total regulatory text in the Code of Federal
Regulations by an estimated 10 pages, by consolidating 23 pages of
text to approximately 13. In the process it will provide a generic
GLP rule that may be used by other programs in the Agency.
Resource Guide For Small Business Environmental
Assistance
Under a grant from the Office of the Small Business
Ombudsman, the Iowa Waste Reduction Center (IWRC), University
of Northern Iowa developed a multi-media Resource Guide for
Small Business Assistance Providers. This Guide provides a quick
and convenient reference tool for locating environmental assistance
materials (regulatory and non-regulatory) that have been developed
mostly by the states, and some by EPA. The Guide was prepared in
cooperation with all the states and is primarily for assistance
providers to be used as reference document. The information
included is extremely useful in helping locate readily available
materials from other states in an effort to not "reinvent the wheel."
These materials are also useful to state and local assistance
providers and small businesses in becoming educated on
environmental regulations and pollution prevention.
The Guide is available in electronic format with search and
report generation capabilities, and detailed instructions. There is
also a rating system which indicates relevance and type of use for
which most suitable. The Guide has had extensive state review.
SeeItemB-18.
Upgraded Source Book on Environmental Auditing
for Small Business
EPA's Environmental Auditing Source Book for Small
Business is now an upgraded compilation of the bibliography
references, training information, and a summary matrix of auditing
tools for quick reference. This book also contains information on
environmental auditor standards and qualifications. See B-14. Also
available is the Small Business Environmental Assistance Site Visit
Manual prepared by the Iowa Waste Reduction Center, University
of Northern Iowa, see B-17. Both of these documents can be
obtained by calling the EPA SBO's Office at 1-(800) 368-5888.
New Booklet - Little Known But Allowable Ways to
Deal With Hazardous Waste
The EPA has identified a number of allowable ways that small
businesses can minimize their hazardous waste on site. This
document provides information on five of these methods:
Domestic Sewage Exclusion;
Elementary Neutralization;
Recycling;
Treatment in Accumulation Containers; and
Burning in Small Boilers and Industrial furnaces
This Guide provides information and answers the question of
whether any of these methods might work for you. The Guide
contains two principal sections. The introduction provides
background information on the purpose of the Guide, a brief
overview of the EPA Hazardous Waste Program as it applies to
small businesses, and a summary of the five EPA allowed
hazardous waste minimization methods identified above.
The second section is a state-by-state review of these allowable
ways to minimize hazardous waste. The section provides summary
information for each state including their definition of hazardous
waste, allowances for each of the five EPA allowed waste
minimization methods, and information on special state hazardous
waste management program considerations. This document can be
obtained by calling EPA SBO's Office at 1-(800) 368-5888
EPA Compliance Assistance Tools
The1 Office of Compliance (O ") has produced a booklet, Item B-
8, that offers a comprehensive listing of all OC projects that are
currently available and/or under development. The projects are
organized by industry sector, with 20 sectors covered. The tools
include: databases, documents, wob sites, video, plain-language
guides, sector notebooks, etcetera. A contact person is listed for each
document to acquire more information. To get a copy of the
document, call 1-800-368-5888.
Performance Measurement Tools And Success Stories
Always Needed!
The performance measurement tools and success stories database still
has over 65 performance measurement tools and success stories
available for direct downloading, revision, and use from the Small
Business Environmental Home Psge at the following address:
www.smallbiz-enviroweb.org/perfmeas.asp.
WE STILL NEED YOUR HELP TO IMPROVE
THIS RESOURCE! Please send any performance measurement
tools/surveys/success stories to Audrey Zelanko at: CTC, 425 Sixth
Avenue, 28th Floor, Regional Enterprise Tower, Pittsburgh, PA 15219.
Electronic copies in Word Perfect or Word formats would be the most
helpful. You can send disks to the above address, or email
attachments to: zelankoa@smallbiz-enviroweb.org and
bosilovich@ctc.com. If electronic copies are not available, you can
fax hard copies to. (412) 577-2660 or mail them to the above address.
If you have any questions, please call Audrey Zelanko at: (412) 577-
2649. THANKS again for your help!
2001 STATE SMALL BUSINESS OMBUDSMAN AND
TECHNICAL ASSISTANCE PROGRAM CONFERENCE
SCHEDULED FOR AUSTIN, TEXAS
The State Small Business Ombudsman and Small Business
Technical Assistance Programs, which are required under Section
ง07 of the 1990 Clean Air Act \mendments to aid small businesses
impacted by air quality regulations, will hold their annual
conference in Austin, Texas on April 2-5, 2001
Specialized training classes will be offered on April 2nd
For speeches and other presentation materials from the 2000
conference, held on June 20-22, 2000, in Missoula, Montana, they
can be downloaded for the Internet via a direct link at
http//www.epa.gov/ttn/sbap/confOOa.html
26
"WHAT OUR CUSTOMERS MEAN TO US"
"Customers are the most important people in our business."
"Customers do not depend on us, we depend on them."
"Customers never interrupt our work, they are our work."
"Customers do us a favor when they call; we don't do the favors
by letting them in."
"Customers are part of our business, not outsiders."
"Customers are flesh-and-blood human beings, not cold statistics."
"Customers bring us their wants; we fulfill them."
"Customers are not to be argued with."
"Customers deserve courteous attention."
"Customers are the lifeblood of this and every other business."
"Customers are who we are when we're not working (So let's treat
them the way we want to be iieated ourselves!)"
"All these guidelines are say\ng the same thing:
Concentrate on the customer. "You can't make many catches if
you take your eyes off the ball."
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Six Key Aspects of the SBREFA Legislation
The Small Business Regulatory Enforcement Fairness Act (SBREFA) became law in March, 1996 to foster a
government environment that is more responsive to small business and other small entities. The Act contains the
following six key areas of regulatory reform:
Regulatory Compliance Simplification: Federal regulatory agencies must develop compliance
guides written in plain English to help small businesses understand how to comply with regulations
that may have a significant effect on them. Agencies must also develop a program for providing
small entities with informed guidance on complying with applicable laws and regulations.
Equal Access To Justice Amendments: Under certain circumstances, small businesses can recover
attorney's fees and court costs in a court or administrative hearing, even when they lose.
Congressional Review: Congress has provided itself with a process by which it can review and, if
necessary, disapprove regulations with which it takes issue.
Regulatory Enforcement Reform of Penalties: Each regulatory agency must establish a policy to
reduce and, where appropriate, even waive civil penalties for minor violations under certain
circumstances.
Small Business Advocacy Review Panels: For proposed rules subject to the Regulatory Flexibility
Act, EPA must solicit input from the small businesses that will be subject to the rules and make
these findings public. This process is aided by SBA's Office of Advocacy and the Office of
Management and Budget.
Oversight of Regulatory Enforcement: Aida Alvarez, the SBA Administrator, appointed Gail
McDonald,, as the Small Business and Agriculture Regulatory Enforcement Fairness Ombudsman.on
February 1, 2000. She also appointed the members of 10 regional Regulatory Fairness Boards to
assist the National Ombudsman in receiving small businesses' comments about enforcement
activities of federal regulatory agencies. The five (5) Fairness Board members appointed in each
region are small business owners and operators.
Brief Explanations of the National Ombudsman and
Regional Fairness Boards
Subtitle B of SBREFA created the National Ombudsman and 10 Regional Fairness Boards to provide small businesses
with the opportunity to comment on enforcement activity by federal regulatory agencies. Through this provision, Congress and
the President have provided a way that small businesses can express their views and share their experiences about federal
regulatory activity
The National Ombudsman and the Fairness Boards will receive comments about federal compliance and enforcement
activities from small businesses, and report these findings to Congress every year. The report will give each agency a kind of
"customer satisfaction rating" by evaluating the enforcement activities of regulatory agency personnel and rating the
responsiveness to small business regional and program offices of the regulatory agencies.
Regulatory Enforcement Ombudsman 10 Regional Fairness Boards
Receive comments from small business on Members are small business owners/operators
compliance and enforcement actions Report to the National Ombudsman about
Review small business concerns comments and issues specific to their regions
Report annually to Congress Contribute to the annual report to Congress.
For additional information about SBREFA, the Ombudsman, or the Regulatory Fairness Boards, call SBA's toll free
1-888-REG-FAIR or visit our Web site at www.sba.gov/regfair.
27
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SBA REGIONAL SMALL BUSINESS REGULATORY FAIRNESS BOARDS
Regions/Members January, 2001
1. Roxanna Adams**
Atlantic Awards, Inc
840 Hammond Street
Bangor, ME 04401
(207) 942-6464
I Joan Haberle*
Joan Haberle Agency
# 1 S Mam Street
Lambertville, NJ
08530
(609) 397-9606
3. Wilkins McNair, Jr*
Wilkms Acctg. Firm
201 N Charles Street
Suite 910
Baltimore, MD 21201
(410)962-5252
4. Jeffery Adduci**
Regional Invest
Bankers
171 Church Street
Suite 260
Charleston, SC 29401
(843) 577-2000
5 Hardie Blake*
Bethel Business, Inc.
1 1 8 Lincoln Way E.
Mishawaka, IN 46544
(219)259-1527
6. Ehse McCullough**
Staffing Sol, LLC
1305 Dublin Street
New Orleans, LA
70118
(504) 864-9900
7. Daniel Perez
South Underground
PO Box 48 1341
13404A Holmes Rd
Kan City, MO 64 148
(816)941-6894
8 Donna Davis**
Eagle Butte Co-op
PO. Box 370
Eagle Butte, SD
57625
(605) 964-2226
9 Joseph Cerbone
Travis Morgan Sec.
1 8952 McArthur Blvd
Suite 315
Irvine, CA 92612
(949)261-2906
10 Keith Saltier*
Saltier & Heslop
71 8 6'" Street
Prosser, WA 99350
(509) 786-2404
Dr. Vinh Cam, Ph D
Global Environment
PO Box 31 134
Greenwich, CT 06831
(203)532-1252
Sandra Lee
Harold Lee Insurance
31 PellSt
New York, NY 10013
(212)962-6656
Kenneth Ridriguez
Rodriguez Enterprises
po box 389
Sewickley, PA 15143
(412)749-7810
Robert G. Clark V
Clark Communi. Corp
1 49 N Hanover Ave
Lexington, KY 405023
(606) 233-7623
Lyle Clemenson
Clemenson Enterprises
inc dba CE Box 406
Osseo, MN 56369
(612)425-1167
I
Massey Villarreal*
Precisions Task Group
9801 Westheimer
Suite 8
Houston, TX 77042
(713)781-8912
Edith Quick*
Quick Tax Acctg Svc
2536 Via Miralesta Dr
St Louis, MO 63 125-
3415
314-638-2937
Scott Flores
Die Cut Technologies
4935 Pearl St
Denver, CO 802 16
(303) 297-9327
Patricia Chevalier
Blue Hawaiian Hell
105 Kahului Hell
Kahului, HI 96732
(808) 871-8844
Albert Adams
PMC Corp, UIC Corp
6313Brayton Dr
Anchorage, AK 99507
(907)465-3707
Dons Ballard
Ballard Novelty & Party
7 Broadway
Concord, NH 03301
(603) 225-5667
E. Peter Ruddy C
WESTNY Bldg Product
2580 Walden Ave
Buffalo, NY 14225
(716)681-2000
Pamela Mazza**
Pillero, Mazza &
Pargament
888 17lhStNWSte 1100
Washington, DC 20006
(202)857-1000
Nancy Archuleta
Mevatech
1 525 Perimeter Pkwy
Ste 500
Huntsville, AL 35806
(256) 890-8000
Donald Magett
Magic P.I. & Security
529 Northhampton Rd
Kalamazoo, MI 49006
(616)381-2324
David Martinez
D&D Machinery &
Sales
2420 WR Larson Rd
San Antonio, TX 78261
(830)438-2309
Clark Stewart**
Butler Nat't Corp
19920 W ler'St
Olathe, KS 66062
(913)780-9695
Mary Thoman*
Thoman Ranch
HC65 Fontenelle Route
Kemmerer, WY83101
(307)877-3718
Frank Ballesteros**
PPEP Microbusiness &
HousmgllOO E Ajo
Way Ste 209
Tucson, AZ 857 13
(520)808-9513
Milford Terrell
DeBest Plumbing
11477 W President Dr
Boise, ID 83713
(208) 322-4844
Ronald Auger
American Ind Cast Inc
1 American Way
E Greenwich, RI02818
(401)886-7547
Phyllis Hill Slater
Hill Slater, Inc.
45 N Station Plaza
Great Neck, NY 11021
(516)773-7779
Ann P. Maust, Ph.D.
Research Dimens, Inc
1 108 E. Mam St, #1000
Richmond, VA 23219
(804)643-1082
Leroy Walker, Jr
LTM Enterprises
2310 Hwy 80 W
Jackson, MS 39204
(601)352-1742
Thelma Alban
Stevenson Associates.
680 N. Lake Shore Drive
Chicago, IL 606 11
(312)335-0067
Frederick Peralta
Lialac Shoppe/Townef
Town of Taos
400 Cammo de la
Placita
Taos, NM 87571
(505) 758-2006
Dan Morgan V
Morgan-Davis, Intern 'tl
Morgan Ranch
HC79 Box 42
Burrell, NE 68823
(308) 346-4394
Thomas Guthene*
So Nevada. Certified
Development Corp
2770 S. Maryland Pkwy
Suite 212
Las Vegas, NV 89109
(702) 732-3998
Faye Burch**
F.M Burch & Assoc Inc
1126NELijaLoop
Portland, OR 972 11
(503) 735-9409
Donald Williams*
W&RBus Affiliates
94 Capen St
Hartford, CT 06 120
.860)727-1181
Manuel Cidre**
Pastelena Los Cidnnes
;?ey Fedenco
257 Villas De Torrima
Guaynabo, PR 00965
787)9732
vlartm Shaffer
American Vending
3 Armory Rd
Clarksburg, WVA 26301
304)623-5791
Livia Whisenhunt*
PS Energy Group, Inc.
2957 Clairmont Rd
Suite 510
Atlanta, GA 30359
;404)321-5711
[rwm Haber**
PDI Ground Support
Systems, Inc
5905 Grant Ave
Cleveland, OH 44 125
(218)271-7344
Wallace Caradme **
Caradme & Co.
2200 S. Mam Street
P.O. 16430
Little Rock, AR 72206
(501)372-4199
Joanne Stockdale
N. IA Die Casting Co
702 E Railroad St
Lake Park, IA 5 1347
(712)832-3661
Vernon Thompson
Vern's Trucking
P.O. Box 25
Mmnewaukan, ND 58351
(701)473-5720
C K. Tseng
Northbridge Travel
9700 Reseda Blvd.
Northbndge, CA 91324
(818)886-2000
Serena McAlvam
McAlvain Construction, Inc
5559 W Gowen Rd.
Boise, ID 83709
(208) 362-4356
*=Chair
**=Vice Chair
28
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INSERT TO REPLACE PAGE 29 FROM JANUARY 2001 UPDATE.
Regulatory Flexibility Act (RFA)
Small Business Regulatory Enforcement Fairness Act (SBREFA)
Tom Kelly, EPA's Small Business Advocacy Chair
I want to tell you about an important new rule which demonstrates what can be accomplished when government and small
business work together under RFA/SBREFA. I'm referring to the'final rule on Heavy-Duty Engine Emission Standards and
Diesel Fuel Sulfur Control Requirements, which Administrator Carol Browner signed on December 21, 2000.
Why is this Rule needed? Emissions from heavy-duty vehicles contribute greatly to a number of serious air-pollution problems
and would continue to do so into the future absent further controls to reduce these emissions. Although the air-quality problems
caused by heavy-duty diesel vehicles are challenging, we believe they can be resolved through the application of high-efficiency
emissions-control technologies, which depend on the availability of low-sulfur diesel fuel.
What are the Benefits? Substantial benefits to public health and welfare and the environment will result through significant
reductions in emissions of nitrogen oxides, paniculate matter, non-methane hydrocarbons, carbon monoxide, sulfur oxides, and
air toxics.
How many Small Entities are Subject to this Rule? We found no manufacturers of heavy-duty engines meeting the Small
Business Administration's (SBA) definition of a small business. Of the approximately 158 refineries in the U.S. today, however,
we estimate that 24 meet SBA's definition and produce highway diesel fuel.
Did this rule have a Small Business Advocacy Review (SBAR) Panel? The SBAR Panel, convened by EPA on November 12,
1999, consisted of representatives of SBA, the Office of Management and Budget and EPA. During development of the
proposed rule, EPA and the Panel obtained advice and recommendations from representatives of small businesses who will be
subject to the rule. The Panel considered a range of options and regulatory alternatives for providing small businesses with
flexibility in complying with new sulfur standards for highway diesel fuel. The Panel's report contains recommendations on
options to mitigate the adverse impacts on small businesses. In addition to the Panel process, EPA conducted its own outreach,
fact-finding, and analysis of the potential impacts of this regulation on small entities.
Where can I get more information on the SBAR Panel's Recommendations? The Panel's report, placed in docket for this
rule, has a detailed discussion of the Panel's advice and recommendations. It is also available on our RFA/SBREFA website at
www.epa.gov/sbrefa. A summary of the Panel's recommendations was included in the June 2, 2000, proposed rule at 65 FR
35541.
What has EPA included in the Final Rule to help Small Businesses? EPA agreed with the Panel and is offering substantial
relief from the potential adverse economic impacts of the rule to qualifying small businesses. Three regulatory alternatives
finalized in the rule, summarized below, will address small refiner hardship while allowing timely achievement of air-quality
benefits. EPA also prepared a final regulatory flexibility analysis for the final rule, and it is available for review in the docket.
/. 500 vvm Option. A small refiner may continue to produce and sell diesel fuel meeting the current 500 ppm sulfur standard
for four additional years, until May 31, 2010, provided that it reasonably ensures the existence of sufficient volumes of 15
ppm fuel in the marketing area(s) that it serves.
2. Small Refiner Credit Option. A small refiner that chooses to produce 15 ppm fuel prior to June 1, 2010 may generate and
sell credits under the broader temporary compliance option. Since a small refiner has no requirement to produce 15 ppm
fuel under this option, any fuel it produces at or below 15 ppm sulfur will qualify for generating credits.
3. Diesel/Gasoline Compliance Date Option. A small refiner that is also subject to the Tier 2/Gasoline sulfur program (40
CFR Part 80), may choose to extend by two years the duration of its applicable interim gasoline standards, provided that it
also produces all its highway diesel fuel at 15 ppm sulfur beginning June 1, 2006.
Is a Small Entity Compliance Guide Available? As required by Section 212 of SBREFA, EPA is preparing a small entity
compliance guide to help small entities comply with this rule. When complete, copies will be available through the air office
web site at www.epa.gov/otaq and on our RFA/SBREFA website at www.epa.gov/sbrefa.
Other News: What's New from us for Small Business On-Line?
1) RFA/SBREFA Website (www.epa.gov/sbrefa). Check out what is new at the RFA/SBREFA website. Since the
RFA/SBREFA website was launched in July 2000, it has grown exponentially. This site gives you direct access to Panel
reports, Small Entity Compliance Guides, and other pertinent documents, as well as links to popular web references for
small businesses. We look forward to your feedback on it, so please give it a look.
2) Small Business Regulatory Library Website (www.epa.gov/regagenda). The Regulatory Management Staff just
launched a new website: U.S. EPA's Small Business Regulatory Action Database. The site gives you access to the latest
information about upcoming and recently completed regulations affecting small businesses. This database allows for
refined searching of information contained in EPA's Regulatory Agenda. For additional information, contact SBREFA
Team Leader, Stuart C. Miles-Mclean
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Regulatory Flexibility Act (RFA)
Small Business Regulatory Enforcement Fairness Act (SBREFA)
Tom Kelly
Small Business Advocacy Chair
Under the RFA as amended by SBREFA, EPA must convene a Small Business Advocacy Review
Panel for certain regulations prior to their proposal. EPA's Small Business Advocacy Chair
assembles each Panel to include representatives from the Small Business Administration, the Office
of Management and Budget, and the EPA office responsible for the rule. The Panel prepares a
report to the Administrator of EPA with recommendations on ways to reduce the potential impact of
the rule on small entities (whether businesses or governments). The Panel report is part of the
rulemaking record that accompanies the proposed rule.
Small Business Advocacy Review Panels are no longer novelties.
EPA convened its 21st Panel on April 25, 2000. This year alone we completed 7 Panels, with
many more on the horizon. The completed Panels reviewed rulemakings on lead-based paint
renovation and remodeling, heavy-duty engine and diesel fuel sulfur standards, effluent guidelines
for metal products and machinery, emission standards for composite plastics fabrication, treatment
standards for microbial contamination of drinking water, and control of disinfection by-products.
They are producing meaningful change-
In the four years since the passage of SBREFA, EPA has made significant changes to
regulations under development. EPA has considered over 140 Panel recommendations to address
the particular concerns of regulated small entities. Some these changes include:
The Class V Underground Injection rule, which allows many small businesses to continue use
of their wells under permit (as opposed to a contemplated ban) and allows funeral homes to
continue use of their wells, pending further study;
The proposed rule addressing the Sulfur Content of Gasoline, which provides an extended
period (four to six years) for small refineries to comply with rule requirements, without
damage to the fuel supply.
The Panel for the Industrial Laundries Effluent Guideline, which re-evaluated the risks posed
by the many small businesses likely to be regulated. The Panel recommended the Agency
take comment on a "no-regulation" option. EPA eventually withdrew the regulatory proposal,
while the industry introduced a voluntary pollution-prevention program.
...And we're seeing a larger effect.
Since Panels apply only to those rules that impose a significant economic impact on a
substantial number of small entities, what about rules that have lesser effects, or cover relatively few
small businesses? One effect of the Panel process has been to demonstrate emphatically that
regulations can be both environmentally effective and reasonably considerate of the resource and
competitive constraints characterizing small entities. EPA's involvement of small businesses and
governments in all rules that affect them has never been higher or more responsive.
Soon you can follow our progress on-line.
Shortly EPA will launch an RFA/SBREFA website. This site (www.epa.gov/sbrefa) should be
active by August and will give you direct access to Panel reports, Small Entity Compliance Guides,
and other pertinent documents. We look forward to your feedback on it, so please check it out!
Contact: SBREFA Team Leader Stuart Miles-McLean (202) 564-6581
29
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Update on the Office of Environmental Information
Now one year old, the Office of Environmental Information (OEI) continues to advance
its mission of enhancing environmental information management, policy and technology.
The US General Accounting Office reported that "one of the office's most pressing
challenges will be to develop a plan that identifies clear priorities for the office and the resources
it will need to successfully lead the Agency's efforts to make significant improvements in
information management." The first step toward the development of the Agency's Information
Plan was the creation of the FY 2000 OEI Action Plan, which summarizes the key projects being
initiated or advanced during this calendar year.
The next phase of developing a long-term vision that identifies priorities and resources is
currently under way. The OEI Information Plan will guide the Agency on how to manage the
changing nature of environmental protection and information technology, facilitate the transition
to e-government, define appropriate models for governance and organization, and continue to
enhance the way OEI serves its customers.
Recognizing that its customers are the top priority, OEI has recently finalized a Customer
Service Plan. The Customer Service Plan will help ensure that OEI consistently excels in
providing quality service to external and internal customers. The Plan outlines specific standards
that OEI employees will follow to improve service and identifies opportunities for
accountability, feedback, and training.
Window To My Environment is a new prototype tool being developed by OEI to facilitate
the establishment of the Information Exchange Network. It will provide the public direct access
to the wealth of local environmental information now coming online. Window to My
Environment helps answer popular questions about a community's air, land and water resources,
and what is being done to protect the local environment. Window to My Environment uses state-
of-the-art interactive maps to integrate local environmental information from a variety of Federal,
State and local sources. These partnerships across levels of government are offering new
environmental data and geographic analysis tools. The initial prototype focuses on data and
information for the mid-Atlantic states (DE, DC, MD, PA, VA, and WV).
Another component of the Information Exchange Network under development by OEI is
the Central Data Exchange (CDX). The CDX will serve as EPA's enterprise-wide portal to the
Information Exchange Network. It will also provide EPA and its customers with an e-commerce
solution to streamline the Agency's data collection processes. In addition, the CDX will help
EPA meet the Government Paperwork Elimination Act mandate to enable electronic reporting,
serve as a single data submission point, and lay the groundwork for data integration and
standardization.
To learn more about OEI, visit their website at http://www.epa.gov/oei. For further information
contact: Small Business Liaison, Gene Stroup, (202) 564-5716.
30
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Stats on EPA Innovation Over the Past Decade
Cleaner, Cheaper, Smarter, Results -
* EPA cleaned up over twice as many Superfund sites in last 5 years than in previous 12 years. Superfund
cleanups FY 93-97 averaged over 70% savings per site. $2.1 billion saved in remedy selection using
innovative vs. conventional cleanup technologies.
* Over 300 Brownfields sites, with nearly $2 billion in public/private investment. Upcoming Brownfields
tax
* (Emissions causing acid rain reduced by 30% more than law requires.) Eastern US rainfall now 25% less
acidic - New England starting to recover. Cost of program 75% lower than predicted by Industry.
* National sulfur dioxide emissions down by 4 million tons annually.
> (Nitrogen oxide emissions down 20% lower than law requires, and 50% lower than 1990 levels.)
* 50 States, 6 Territories, 80 Tribes completed comprehensive watershed assessments ~ tirst coordinated
overview of Water Quality priorities.
> 670 companies voluntarily identified potential violations at 2700 facilities.
Partnerships -
> 7000 businesses participate in voluntary partnerships with EPA. Partners conserved
* 1.8 billion gallons of water, eliminated 7.8 million tons of solid waste, and prevented air pollution
equivalent to taking 17 million cars off the road each year. Saved $3.3 billion.
> Project XL has 48 projects underway, 10 more being developed.
* 34 States have 40 Performance Partnership Agreements.
* 44 States have 53 Performance Partnership Grants. Numbers reflect PPA/PPGs coming from a mix of
environmental, health, and agricultural agencies.
* By 2004, new cars, light trucks, and SUVs will be over 77-95 percent cleaner than those produced today.
Sulfur in gasoline will be cut by 90 percent.
Stronger Public Role -
> (Worked with industry to develop standards for 174 categories of toxic air emissions.)
* Citizens in 86 metro areas can get current information on local environmental quality, and the program is
now expanding to provide information to citizens in hundreds of communities nationwide.
Improvements from Within
The American system of environmental management is based on the consistency and stability that is integral to
our environmental statutes. As a regulatory agency, EPA's principal role is to implement and enforce those
statutes. This report describes EPA's efforts to transform environmental management, but those efforts are only
part of the overall picture. The Agency has also invested heavily in improving its "core" regulatory and
enforcement functions, and working within the existing statutory framework to achieve better environmental
results. These changes, in the aggregate, have led to substantially stronger and more efficient environmental
protection. The examples below illustrate EPA's progress in improving results within the existing structure.
Cleaner Air - Strong regulations still form the core of national air pollution control, but EPA is placing new
emphasis on economic efficiency, flexible compliance options, and market incentives for environmental
improvements.
ป Collaboration with auto makers and petroleum refiners led to flexibility in meeting tough new air standards
for tailpipe emissions - by 2004, new cars, light trucks, and SUVs will be 77-95% cleaner than those
produced today; sulfur in diesel fuel will be cut by 97%; emissions of nitrogen oxides and hydrocarbons
from heavy trucks and buses will be reduced by as much as 95%.
ป State/EPA collaboration led to a cost-effective market-based emissions trading system for nitrogen oxide
emissions. In 1999, this program reduced these smog-producing emissions 20% below what the law
requires and 50% below 1990 levels.
> A market-based sulfur dioxide "cap-and-trade" approach to controlling acid rain has yielded better than
expected results in almost every affected state - annual emissions are now 4 million tons lower than 1980
levels, rainfall in eastern states is now 25% less acidic, and damaged forests and waterways are beginning
to recover. Annual costs of the acid rain trading program are also 75% lower than originally predicted by
industry.
* Since 1992, EPA has issued 27 standards that will eliminate 1.5 million tons of air toxics suspected of
causing cancer and birth defects - eight times the reduction achieved in the previous 20 years. With the
help of industry, states, and environmental groups, EPA tailored these standards to the circumstances of the
affected industries and provided flexible means of compliance.
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* Energy Star, a voluntary program run jointly by EPA and the Department of Energy, saves Americans over
$ 1 billion in energy bills each year. The average household can save $400 per year.
Cleaner Water - Tough standards still define and protect the quality of the. nation's drinking water and
waterways, but collaborative approaches that also deal with related economic, recreational, and aesthetic issues
are showing real results in the field.
* EPA fought for and won amendments that strengthened the Safe Drinking Water Act, including drinking
water standards, first-ever consumer right-to-know provisions, and first-ever funding for communities to
upgrade drinking water treatment facilities.
* New controls proposed or put in place since 1993 will reduce water pollutants by nearly 650 million
pounds per year, including 4 million pounds of toxics.
* A unified national strategy jointly developed by EPA and the U.S. Dept. of Agriculture will control runoff
from 450,000 animal feeding operations nationwide.
ป Collaborative multi-stakeholder partnerships created through the National Estuary Program are achieving
environmental results shellfish beds have reopened in Seabrook Middle Ground, New Hampshire, and in
Massachusetts Bay; striped bass and American shad are back in the Neuse River in North Carolina. As of
May 1999, 1682 acres of seagrasses have returned to Sarasota Bay, Florida, (since 1988) and are expected
to provide habitat for 310 million more shrimp, 68 million more crab, and 100 million more fish.
* 50 States, 6 Territories, 80 Tribes completed comprehensive watershed assessments - First coordinated
overview of Water Quality priorities.
Healthy Children - EPA recognized that children may be exposed to greater environmental risks because of
their size, eating habits, and behaviors. By using a variety of tools - regulatory actions, public education, and a
targeted research strategy, EPA and other agencies are reducing environmental risks to American children.
> In 1996, EPA launched a national agenda to protect children's health from environmental threats. EPA is
conducting research on childhood susceptibility and exposure to pollutants; taking steps to ensure that
relevant standards now consider heightened risks faced by children; and providing better information to
parents, teachers, and health care providers on identifying and avoiding environmental risks to children.
> EPA has accepted voluntary cancellation of methyl parathion's use on the crops, such as apples, which are
eaten most by children. Because methyl parathion poses unacceptable risks to children, this step will help
to reduce the pesticide risks to children through food.
* EPA has accepted voluntary measures to reduce the use of azinphos-methyl on food and on other
vegetation which might affect drinking water. Azinphos methyl poses an unacceptable risk to children and
to agricultural workers.
* To protect children and public health, EPA and the manufacturer of the pesticide Dursban have agreed to
eliminate its use for nearly all household purposes and to move to significantly reduce residues of it on
several foods regularly eaten by children.
Revitalizing Communities - While cutting the cost of Superfund cleanups and accelerating their pace, EPA
has also pushed beyond "cleanup as usual," to help local communities clean up and redevelop thousands of less
contaminated sites. The Agency has eliminated obstacles to redeveloping these "brownfields," leveraged almost
$2.3 billion in private redevelopment funds, helped communities create 7,000 jobs in environmental cleanup, and
created a $300 million tax incentive for bringing 8000 brownfields back into productive use.
Community Right-to-Know - EPA has expanded public access to more information about local
environmental quality and environmental risks in homes and communities.
* Citizens now have access to information about twice the number of toxic chemicals released in their
communities.
* Consumers have new information on the quality of their tap water and on pesticide risks.
+ Clearer, more informative labels explain how to use household products safely.
ป Home buyers and renters can now find out about potential lead paint hazards before they move into a new
home.
> The Internet Ozone Map provides families with community-specific, real-time information on ozone levels
in their neighborhoods.
For the foreseeable future, strong regulations and enforcement will continue to be the bedrock of the nation's
environmental protection system. In fact, they provide the "safety net" that allows EPA and the states to
experiment while still protecting the health and safety of their citizens. The system can, however, be made to
work better by streamlining procedures, by increasing flexibility in how to comply, and by tackling problems in
more comprehensive, collaborative ways. EPA has made significant progress in these areas as it carries out its
mandate to implement and enforce environmental laws. For further information contact: Cheryl Hawkins,
(202) 564-6677
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STATE SHOWCASE OF SUPERIOR ASSISTANCE TOOLS
FOR SMALL BUSINESSES
New Jersey Outreach Program
The New Jersey Small Business Environmental Assistance Program (SBeAP) is a joint program
comprised of the New Jersey Department of Environmental Protection's Small Business Assistance
Program and the New Jersey Commerce and Economic Growth Commission's Small Business
Ombudsman. The SBeAP has produced some outreach and compliance materials. The materials were
produced using funding from one of the ten national grants from the United States Environmental
Protection Agency (USEPA) to state small business assistance programs.
An informational video and a public service announcement (PSA) were produced to increase
awareness within the small business community about the SBeAP. The informational video is seven
minutes long and provides the viewer with an outline of services that are provided by SBeAP and some
testimonials by small business owners that have received assistance from the SBeAP. The video is being
sent to trade/business organizations, small business development centers, chambers of commerce, etc.
and will be used at workshops and tradeshows throughout the State. Through the USEPA, the SBeAP is
also sending the video and PSA to small business assistance programs in the other 49 states, plus the
territories. The PSA is being sent to various television and radio stations to be aired promoting the
services available to small businesses in New Jersey from the SBeAP.
A regulatory compliance calendar was also produced in English and Korean for New Jersey's dry
cleaning industry. The calendar was originally borrowed from the Florida Small Business Assistance
Program. The calendar is an easy to use document to keep records required by the USEPA. The SBeAP
with help from two dry cleaner associations is distributing these calendars throughout the State. Through
the USEPA, New Jersey has also shared electronically the calendars with the small business assistance
programs nationwide.
If you have any questions or comments or would like to get more information, please feel free to contact
the New Jersey SBeAP at (609) 292-3600.
Texas Lends Businesses a Helping Hand with Hazardous Waste!
Do you know how to classify your hazardous waste? Do you know your hazardous waste generator
status? Many small businesses and local governments can't answer these questions, so the Small
Business and Environmental Assistance Division (SBEA) of the Texas Natural Resource Conservation
Commission (TNRCC) thought of a way to help. In October 1999, SBEA developed the book "Industrial
and Hazardous Waste: Rules and Regulations for Small Quantity Generators." "We know that waste
issues are often confusing for facilities, so we wanted to consolidate the requirements and explain them
in plain language, and we feel this book accomplishes exactly that," said Tamra-Shae Oatman of the
TNRCC.
The book, which is aimed at small Texas facilities who often don't understand complicated waste
regulations, was mailed to about 4,000 registered small quantity generators of hazardous waste. One
happy customer had this to say about the book: "This is great! It's easy to understand, relatively short,
and gives you the how, what, where, when and who. Great job!!!"
The book includes information about waste identification, notification/storage/management
requirements, and transportation regulations. For a free copy, call (512) 239-0028, and ask for RG-234.
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Iowa Environmental Audit Training Manual
On April 16, 1998 Iowa passed a law on environmental self-assessment and audit privilege, known
as the 'Environmental Audit Privilege and Immunity Act'. The act also establishes a 'training program'
to be developed jointly by the Iowa Waste Reduction Center (IWRC) and the Iowa Department of
Natural Resources (IDNR).
The 'training program' focuses on proper conduct of environmental audit; local, state, and federal
environmental regulations that apply to businesses in Iowa. The training mainly focuses on 'what and
how' of environmental audit and how businesses in Iowa can take advantage of the state self-audit law
and the federal audit policies. This is not be a training program on environmental regulations, although
media specific examples are used to illustrate various aspects of conducting a compliance audit. This
program has been under development over last year and a half and recently has been finalized after pilot
training and modifications.
A training manual and interactive CD-ROM has been developed for the training program and is
available from IWRC upon request. Video clips, audio narration, checklists etc. are incorporated in the
CD-ROM.
The Handbook of Environmental Regulations for Agribusiness
The Handbook of Environmental Regulations for Agribusiness provides a"one stop" resource of
pertinent environmental regulations that impact businesses that serve the agriculture industry. Areas of
concern are vehicle maintenance, grain handling, agri-chemicals, and bulk fuels. Details of pertinent
water regulations, air emissions, hazardous waste regulations, solid waste regulations, underground
storage tanks regulations, emergency planning and community right to know reporting are provided for
each of these areas.
Arizona's Sbap Hosts Environmental Health & Safety Seminar
The Maricopa County Small Business Environmental Assistance Program (SBEAP) partnered with a
local environmental professional group to host a seminar in October 2000. The seminar was titled
"Regulatory Round-up" and was received very positively. Approximately 115 people (including staff &
speakers) were in attendance for this 1/2 day seminar. The $50 fee included breakfast, lunch and a
recycled rubber padfolio. Topics included OSHA, Fire Safety, Emergency Planning, Air Permitting, P2
and mentoring. Attendants ranged from small to large businesses in various industries, along with
consultants and regulatory agencies.
What was NEW: The SBEAP's web site included comprehensive information about the agenda,
speakers, meals and online registration. The majority of attendants heard about this seminar through our
new email marketing. We recently compiled a large email contacts list. We used this list to send
seminar information and remind attendants about the seminar. Marketing by email is immediate, easy &
free.
Evaluations for "Regulatory Round-up" were very positive. We received about 25% of evaluations
back. Using ratings of 1-5 (l=poor & 5=excellent) we asked about usefulness, speakers, Q&A, length of
seminar, facilities, lunch, information, and handouts. All of these areas rated 4.23 or higher (except for
facilities - sound problems). When asked if they would attend another "Regulatory Roundup", 74% said
definitely and the remainder said probably. Approximately 87% said they could attend an all-day
seminar. We also inquired about what other topics they would like to see at the next seminar and
decided to host an Emergency Management Systems (EMS) workshop in February based on responses.
For more information, contact Richard Polito at (602) 506-5102.
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State Small Business Assistance Program (SBAP)
Success Stories
(from the 1999 state reports)
Arkansas has had a great deal of success with aerial applicator "fly ins," where pilots fly to seminars at locations around the
state. The pilots learn about pollution issues, storage tank regulations, and Department services, such as the loan program.
One of California's success stones is the concept of a "pre-permit" meeting. A permit engineer is available to meet with the
applicant to help them complete application forms and to explain the applicable rules and regulations. This helps the applicant
and also helps the district permit engineer to get a more "complete" permit application.
In 1999, the The South Coast Air Quality Management District's (CA) SBAP noted inconsistencies in how a certain permit
fee exemption was being applied to small businesses, which had no prior history with the AQMD. A memo was sent to all
engineering managers to alert them to this issue. In addition, whenever the SBAP staff helped complete an application that was
entitled to the exemption, they included a note to the review engineer highlighting the exemption. This action saved businesses
from paying a 50% surcharge for their permits
Colorado's SBO assisted a "financial hardship" dry cleaner case. As a result, the owner will be able to obtain brand new
equipment and continue to operate versus being closed down due to not complying with regulations.
A dry cleaner was referred to the Georgia SBAP for assistance by one of the enforcement programs. The SBAP visited the
cleaner and determined that his compliance problems centered around his lack of familiarity with the dry-to-dry machine and
recordkeepmg. Staff members assisted him with the recordkeeping requirements and brought in a Union retailer to train him in
the proper use of the machine. Union provided their assistance at no charge to us or the dry cleaner. The facility was
reinspected several months later by the enforcement program and was found to be in compliance.
Through free lead risk assessments, Indiana SBAP successfully located and assisted many childcare facilities that had high lead
levels in their drinking water, paint, soil, or dusts. Asbestos inspections sometimes were cost-prohibitive for these facilities as
well, so the SBAP staff are being trained to become asbestos inspectors.
Iowa Environmental Assistance Program (IAEAP) provided permitting assistance to an independent, 12-employee facility that
produces custom aluminum and zinc castings for diverse manufacturers. After a review of the facility's operations and air
emission sources, IAEAP determined that the company needed air quality construction permits for two existing casting emission
sources and for two additional (new) casting sources that it planned to install. These applications subsequently were approved
by IDNR, and construction permits were issued for the four sources. The permits required paniculate matter (PM10) stack
testing and opacity testing for the existing sources, costing approximately $8,600. IDNR accepted an alternative testing regime
proposed by IAEAP and the company in which one stack would be tested with additional testing only if the first test results
showed excedence of allowable standards. As a result, the company saved $4,600 on their stack testing requirements.
Massachusetts encouraged companies to develop integrated emergency plans that also were preventive in nature. The
companies used the emergency planning process for reducing chemical use risk, which typically focused on deciding what to do
after an accident For example, one company redesigned its process to reduce the risk of loss from pumping operations. Another
reduced shipments of chemicals to its facility. Other activities included enclosing transfer operations to reduce volatization,
adding secondary containment, improving training, and reviewing chemical use to reduce quantities.
Over the past year, the Nebraska SBAP identified four businesses that were required to submit applications for permits and
assisted the business manager in understanding the requirements under state environmental laws. In the process, other business
owners were called and site visits were set up and provided. Like a sales organization, SBAP asks business owners if others that
he or she knows could profit from SBAP's help.
New York's SBEO advocated for several owners/managers of residential properties in New York City that had been issued an
Order of Consent for failure to submit a complete Title V Facility Permit application. The SBEO opposed the DEC Title V
permitting violations and civil penalties, because failure to accept the emission cap in a timely manner did not cause a threat to
health, safety, or the environment. As a result of meetings between the SBEO and DEC/EPA, DEC reduced the penalty amount
for facilities whose actual emissions qualify for registration.
A West Virginia company with a portable crusher was issued an Notice of Violation and Cease and Desist order, which would
have resulted in a $10,000 minimum fine and a $1,000 permit fee if a permit was found to be required for this process. SBAP
acted as the company liaison and facilitated an OAQ Permitting determination of "No Permit Needed" and assisted OAQ
Enforcement in the withdrawal of the NOV and C&D. For more Information Contact Angel Martin-Diaz, (412) 577-2643.
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TEN STATE DEMONSTRATION PROJECTS
ESTABLISH THE NEED FOR AND BENEFITS OF
SMALL BUSINESS COMPLIANCE ASSISTANCE
In October 1999, EPA's Office of Small Business Ombudsman announced ten demonstration projects funded
under a Small Business Assistance Cooperative Agreement Program. These projects are designed to improve state
environmental assistance to small businesses with an emphasis on measuring results and benefits. The awards, for
up to a two-year period, ranged from $60,000 to $100,000.
The ten projects, taken together, have the potential to demonstrate three major assistance program capabilities:
the capability to approach 100% regulatory compliance in a targeted industry sector
the capability to create partnerships that extend the reach and impact of state compliance assistance
programs
the capability to deploy powerful program assets, such as outreach channels, information systems, smart
business models, one-stop shopping and referral,... that can reach and engage small businesses
The 10 demonstration projects are following two broad strategies. Five of the projects are testing management
strategies for systematically moving a specific industry sector into full compliance and toward cleaner technologies.
California: South Coast Air Quality Management District. The project is testing a multi-state, public-
private partnership approach to assist small businesses in reducing air emissions. The test is focusing on the
water heater and boiler manufacturing industry.
Kansas: State University Pollution Prevention Institute. The project is testing an approach to assure cost
effective, one-on-one assistance to small businesses. Retired engineers provide direct assistance in three
industries: dry cleaners, automotive repair/auto body and metal finishing.
Maine: Department of Environmental Protection. The project is testing a strategy to reduce pollution by
changing business practices in a targeted sector. One-on-one assistance is designed to help businesses
switch to optimum, clean technologies. The test focuses on auto repair and auto body shops.
Minnesota: Pollution Control Agency. The project is creating partnerships to provide on-going assistance
to an entire industry. Compliance assistance is being provided to the reinforced plastics and boat
manufacturing industries.
New York: Environmental Facilities Corp. The project is demonstrating how a well organized information
and public relations strategy can move a defined industry sector to compliance. The demonstration
proposes to move 2,700 gasoline stations into compliance with leak test requirements.
The remaining five are using partnerships to extend and leverage the reach of assistance programs. They use
partner organization channels to reach small business with information. Greater demand for compliance assistance
and increased compliance are the expected outcomes.
Colorado: Department of Public Health and the Environment. The project is developing a network of
partners to expand the reach of its small business assistance program. It is integrating resources of several
assistance providers, and, integrating assistance tools tailored to specific customer needs.
Montana: Department of Environmental Quality. The project will develop and test marketing methods to
stimulate requests for assistance from the small business community and to increase business and public
awareness.
New Jersey: Department of Environmental Protection. The project is using leverage to expand the reach
and impact of a small compliance assistance program. The leverage will come through partnerships with
other assistance providers using high impact materials. Partners are mobilized for direct outreach to small
businesses.
South Carolina: Department of Health and Environmental Control. The project has reached out to small
auto repair shops and salvage yards that are often beyond the reach of the regulatory sector. Partnerships
will be used to reach businesses with specific materials and training.
Wyoming: Department of Environmental Quality. The project is building a state information system to
locate small business customers for direct compliance assistance. This data base will be used to send to all
affected small businesses in the state an information guide describing the full range of compliance
assistance resources available. Partners will help develop the guide and distribute it.
After the projects are completed in middle of the year 2001, results will be reported to the U.S. Congress under a
Congressional mandate and, published and distributed to the small business community and other interested groups.
For more information contact: Karen Brown, at (202) 260-1390 or, by e-mail at Brown.Karen@epa.gov.
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NEW DOCUMENTS AVAILABLE FROM EPA!
Three new documents that provide information to small businesses and laboratories about environmental
management, auditing, and hazardous waste management are available from EPA. The documents are
"Environmental Management Guide for Small Laboratories, " "Little Known But Allowable Ways to Manage
Hazardous Waste, " and "The Small Business Source Book on Environmental Auditing. "
"Environmental Management
Guide for Small Laboratories,
The Second Edition"
When is a waste a waste? What
exactly is a satellite accumulation
area? Is sink disposal of
hazardous waste allowed? Is an
air permit required for laboratory
ventilation devices? How is
pollution prevention incorporated
into everyday laboratory
practices? To assist small labs in
answering these and many more
questions, EPA offers the second
edition of the successful and
popular "Environmental
Management Guide for Small
Laboratories" (Guide).
The Guide helps users manage
unique environmental
considerations common to labs
and provides practical guidance
on solving problems associated
with compliance and the
implementation of best
management practices.
Special Issues about Labs
Most labs are small independent
businesses or small entities
affiliated with a larger
organization. In these labs,
environmental management is
most likely a shared
responsibility or administered by
part-time staffer through
collateral duty. The updated
Guide will be geared toward
providing lab staff with current
and concise information on
regulations and management
practices as well as pollution
prevention (P2) and waste
minimization. Labs present
unique environmental risks
because there are numerous
substances used, there is high
variability in operations,
there is a high likelihood of
creating a new substance, and
there is a high degree of
independence among the
individual labs. Labs further
face the challenge of
adopting environmental
regulations that are geared
toward manufacturing and
industrial facilities. OSHA
estimates that there are
approximately 35,000 labs in
the U.S.
What Changes were Made?
The original Guide, published
in 1998, addressed many
unique issues and challenges
labs face from existing
environmental regulations.
The success of the original
Guide prompted EPA to
produce a second edition that
contained updated
information and
improvements. The result is
a Guide which:
More uniformly
addresses environmental
issues.
Provides a bridge to
regulatory programs not
managed by the EPA
(e.g., OSHA, Department
of Transportation (DOT),
Nuclear Regulatory
Commission (NRC)).
Expands and integrates
P2 and waste
minimization opportunities.
Adds a fifth chapter titled
"Little Known But Allowable
Ways to Manage Hazardous
Waste."
Incorporates additional
information including
Environmental Training,
Biologically Active
Substances and Wastes,
Radioactive Sources, Special
Wastes (universal waste, used
oil, and battery management),
Hazardous Materials
Handling and Storage, and
Sustainable Practices (green
purchasing, energy and water
conservation).
Guide Organization
The body of the Guide
consists of sections covering
15 key environmental
management issues.
Each section is organized to
provide information on
regulatory considerations (an
overview of Federal
regulations), management
issues (developing
procedures and plans and
establishing programs), and
P2.
Management suggestions and
real-life examples are
presented in each section,
which concludes with a
checklist that is ideal for self-
auditing.
The final chapter of the
Guide contains the '''Little
Known but Allowable Ways
to manage Hazardous Waste"
document.
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"Little Known But Allowable
Ways to Manage Hazardous
Waste"
"Little Known But Allowable
Ways to Manage Hazardous
Waste" provides information on
allowable alternatives to the
traditional and costly methods of
hazardous waste disposal off-site.
What are the Five Methods of
On-site Disposal or Treatment?
The Clean Water Act allows for
certain types of hazardous waste
to be disposed of down the drain
under the domestic sewage
exclusion (DSE), and the
Resource Conservation and
Recovery Act provides for on-site
generator treatment without a
permit through elementary
neutralization, recycling,
treatment in accumulation
containers, and small-quantity
on-site burning.
Organization
The document describes the
five methods and identifies
which states allow each.
The document also provides
information on where and
how to get the state
hazardous waste regulations
and current and tested
contacts for further
assistance.
"The Small Business Source
Book on Environmental
Auditing"
"The Small Business Source
Book on Environmental
Auditing" (Source Book)
provides information on
environmental auditing resources
relevant to small businesses.
Large businesses have long
recognized the value of auditing
as a tool that helps minimize
liability, avoids compliance
costs associated with new
projects, and identifies
opportunities for improved
operating practices.
However, small businesses
have been slower to accept
auditing as a valuable
business practice. The
Source Book should be useful
to small business owners,
representatives, and
assistance providers to learn
about auditing practices and
the value of auditing by
directing them to the most
relevant sources of
information and training.
What is Environmental
Auditing?
EPA defines environmental
auditing as a periodic,
objective, and documented
assessment of an
organization's operations
compared to audit criteria.
Audit criteria may be
compliance requirements
such as regulations, or may
be management practices that
benefit the environment. In
either case, an audit provides
information on the
operational status of an
organization compared to
management's environmental
performance expectations.
Why Conduct an Audit?
It is useful to think of an
audit as a diagnostic exam
and operations tune-up.
Afterwards, the business
should run more smoothly.
By conducting the exam, a
business gains a better
understanding of where its
operations stand compared to
audit criteria and indicates what
areas need to be addressed to
improve performance. Like other
tune-ups, an audit should be
conducted periodically.
Also, for those not sufficiently
trained, the services of an expert
may be needed.
Source Book Organization
The Source Book has five
chapters addressing General
Resources; Auditing
Standards and Guidance;
Audit Criteria; Audit Tools;
and Audit Training Courses.
The information within each
chapter is organized by
source type: Book, Checklist,
Manual, Web Site, Software,
Standard, Training, and
Reference Web Site.
Each source is described and
then graded on a scale of 1-3
w.th 1 being most relevant to
small business.
The "Environmental
Management Guide for Small
Laboratories," "Little Known
But Allowable Ways to Manage
Hazardous Waste, " and "The
Small Business Source Book on
Environmental Auditing" are
available from the U.S. EPA
Small Business Division, Ariel
Rios Building, MC 2131, 1200
Pennsylvania Avenue NW,
Washington, DC 20460; the toll
free hotline, 1-800-368-5888, or
the Small Business Division web
site {HYPERLINK
"http://www.epa.gov/sbo"}. Ask
or look for documents EPA 233-
B-00-001, EPA 233-B-00-002,
and EPA 233-B-00-003
respectively.
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\
a
NEW DOCUMENT UNDER DEVELOPMENT FROM EPA!
"Practical Guide to Environmental Management
for Small Business"
This fact sheet has been prepared to provide information about a new document being developed on environmental
management for small business.
What is environmental
management?
Environmental management
can be defined as:
How your company
identifies and meets
environmental regulatory
requirements;
How your company
manages environmental
information;
How your company
responds to spills or other
environmental
emergencies.
Environmental management,
simply put, is a collection of
activities and processes a
small business undertakes to
ensure environmental
requirements are met and
environmental impact is
minimized.
Why is environmental
management so important?
Environmental management
allows businesses to function
more efficiently while
maintaining compliance with
environmental regulations.
This can be an overwhelming
task for a small business
where one individual may be
responsible for environmental
management on a part-time
basis.
What EPA resources will be
available?
EPA recognizes the unique
challenges associated with
small businesses and is
developing a document titled,
"Practical Guide to
Environmental Management
for Small Business"
(Practical Guide).
The Practical Guide will offer
relevant information to assist
a businesses wading through
vast quantities of information
now available on the Internet
and in print. The Practical
Guide will provide answers
to the most common
questions asked by small
business managers about
environmental management.
The Practical Guide will
address the following topics:
Contemporary
Environmental Management:
Discussion on why green is
good for the bottom line,
customer preferences for
environmental management,
environmental expectations
with the new global
economy, and the
relationship between
environment and quality.
Organization and Staffing:
Discussion on management
commitment to policy
statements, job functions,
including sample job
descriptions, and integrating
safety with environmental
management.
Practical Implementation -
Establishing a System:
Recommendation on
documentation and record
keeping, reporting, planning,
training, auditing, and how to
incorporate the information you
already have into a documented
system.
Property Management:
Explanation of how
environmental management
relates to real estate transactions,
storage and inventory
management, trucks and
shipping, and energy efficiency.
Pollution Prevention: Provides
information on opportunity
assessments and cost benefit
analysis.
Working with Outsiders: Guides
a small business through
interviewing, hiring, and
communicating with
environmental consultants,
lawyers, regulatory agencies,
neighbors and citizen groups,
customers, and suppliers and
vendors.
Environmental Management
Systems (EMS) Primer (Primer):
Provides introductory
information on EMS and
explains why this topic is so
popular now. The Primer will be
published as a stand-alone
document.
The Guide and Primer will be
available the end of March from:
Small Business Ombudsman
Office of Policy, Economics,
and Innovations
U.S. Environmental Protection
Agency
1200 Pennsylvania Avenue
Washington DC 20460
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What's New In Chemical Accident Prevention
Carole L. Cameron
EPA's Chemical Emergency Preparedness and Prevention Office
compiled Dec. 5, 2000
Regulatory Developments
Facilities that report information under the Emergency Planning and Community Right-To-Know Act should
expect to see some changes for emergency planning, accidental chemical release notifications, and hazardous chemical
inventory reports by next Fall. The changes are expected to reduce reporting burdens for the small business
community by streamlining reporting requirements, while preserving the public's health and "right-to-know."
New regulations will address remaining issues from EPA's proposed rule of June 8, 1999. Reporting thresholds
for gasoline and diesel fuel at retail gas stations were included in a separate final rule; 64 FR 7031, Feb. 11,1999
Issues that remained following the 1999 final rule included: reporting thresholds for rock salt, sand, and gravel
and other chemicals that pose a minimal risk; clarification of mixtures reporting and changes to the interpretation of
the existing hazardous chemical exemption for solids under EPCRA Section 311; guidance on approaches to State
flexibility; and revision of reporting thresholds for facilities with some similarities to gas stations (motor pools,
marinas, rental car facilities and van and bus lines).
Most of the changes EPA is eyeing would be optional and would require "buy in" from States. For example, the
proposal established an infinite threshold level for chemicals were thought to pose a minimal risk or minimal hazard.
Regardless of what amount of such a chemical was present at a facility, it would be less than the infinite threshold
amount and reporting under EPCRA Section 312 would not be required. EPA is working with States and others to craft
an approach.
Eliminating unnecessary reporting will help focus emergency preparedness and planning on more
significant hazards. And, local communities are best suited to judge the level of risk presented in site-specific
situations.
Not all issues would have to be addressed in a rulemaking. The Agency could, for example, publish
guidance or post Questions and Answers on its website to address issues such as whether companies could use
the form required under the RCRA Underground Storage Tank program to fulfill the EPCRA 312 annual
inventory reporting requirement.
In the future, companies may find that much of their EPCRA reporting could be handled electronically.
The proposed rule discussed several ways to reduce the burden of reporting such as the development of
partnership programs between SERCs, LEPCs and fire departments that would allow companies to submit
reports to a single place, instead of all three.
Timeline: Look for a rulemaking in Fall 2001. Guidance and Q&A's will be available in Spring 2001.
Refresh your memory: Take a look at the proposed regulatory changes on EPA's Chemical Emergency
Preparedness and Prevention Office website at http://www.epa.gov/ceppo/lr-regs.htmttepcra
On Aug. 4, 2000, EPA and DOJ finalized regulations governing public access to information concerning the
potential off-site consequences of accidental releases. The Chemical Safety Information, Site Security and Fuels
Regulatory Relief Act required the government to assess both the chemical risk reduction benefits of allowing
public access to OCA information and the increased risk of terrorist and other criminal activity from posting the
information on the Internet. Based on these assessments, the final rule allows public access to the OCA portions
of the RMPs in ways that minimize the likelihood of chemical accidents as well as the increased risk of terrorist
and criminal activity associated with Internet posting. For a summary of the regulation go to
http://www.epa.gov/cepDO/pubs/ocafactsheet.pdf
Chemical Safety Alerts
Companies that outsource chemical reaction processes, distillation, drying, formulating, blending and
packaging products to augment in-house production should read new guidelines developed by the American
Institute of Chemical Engineers Center for Chemical Process Safety. While most of these operations proceed
without incident, recent major accidents have pointed to weaknesses in some tolling arrangements. Identified
shortcomings include the lack of effective communication, inadequate outsourcing procedures, incomplete
technology transfer, use of improper equipment, and lack of effective management oversight
The document is available through AIChE publications at www.aiche.org or by telephone at (800) 242-
4363. Contact: Carole L. Cameron, 202 564-7398
40
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THE HIGH PRODUCTION VOLUME CHALLENGE PROGRAM
AND
SMALL BUSINESSES
U.S. EPA's Office of Pollution Prevention and Toxics (OPPT)
HPV Challenge Program Update: December, 2000
The "High Production Volume" (HPV) Challenge Program is the result of separate studies by Environmental
Defense (formerly the Environmental Defense Fund), the American Chemistry Council (ACC) (formerly the
Chemical Manufacturers Association), and the EPA. Those studies confirmed that basic toxicity testing data were
not publicly available for a great majority of the industrial chemicals used in highest volume in the U.S. economy
(those produced or imported in quantities of more than one million pounds per year). Of the more than 2,800
chemicals that were identified as being HPV, 43 percent were found to have absolutely no publicly available data,
while only seven percent could be characterized as having the full set of data available. Without this basic hazard
information, it is difficult to make sound judgments about what potential risks these chemicals could present to
people and their environment.
The lack of data in the public domain prompted the Vice President in 1998 to challenge industry to supply the
missing information on a voluntary basis. The resulting HPV Challenge Program has been an ambitious effort to
tackle the problem by uncovering and assembling existing toxicity data that already exist outside of the public
domain and then testing chemicals where data gaps remain. The final, and by no means least important part of the
Program, will be to make these important data readily available to scientists, policy makers, concerned citizens,
communities, industry, environmental advocates, and the EPA.
Since the HPV Challenge Program was announced in late 1998, 469 companies, working either independently or
through 187 consortia, have publicly committed to make screening level health and environmental hazard data
publicly available by the year 2005 on approximately 2,155 chemicals. Commitments to the HPV Challenge
Program have come from companies and consortia of all sizes around the world. There have even been
commitments from companies that were not asked to participate, while others have volunteered chemicals that were
not on the original list. The Agency has now updated both the HPV Challenge Program Chemical List and the
1994 List of HPV Additions to reflect all responses that have been received and processed to date. (A list of the
currently sponsored HPV Challenge Program Chemicals can be found at:
http://www.epa.gov/opptintr/chemrtk/spnchems.htm. where there is also a link to the summary report of companies
and consortia, as well.) It is important to note at this time that, since the voluntary sponsorship phase of the HPV
Challenge Program has ended, any HPV chemicals that have not been sponsored are subject to being included in an
upcoming Test Rule under Section 4 of the Toxics Substance Control Act (TSCA).
It initially appeared that the majority of the companies who first signed up to sponsor chemicals, either individually
or as part of consortia, were among the larger companies in the industry. For example, about 70 percent of the
largest Fortune Magazine chemical companies are on the list of sponsoring firms (seven of the top ten firms and 18
of the top 25). Many of the sponsoring companies are also members of one or more of the larger trade associations,
such as ACC or the American Petroleum Institute (API), and are participating in consortia that are sponsored by
41
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those organizations. Early in the program, the smaller firms, particularly those among the specialty and batch
producing segment of the industry, had expressed concerns about their ability to participate and were not as well
represented on the sponsors' list. As the volunteer period drew to a close, however, many of the smaller firms had
also begun to respond - particularly as members of the consortia that were established by the trade associations that
represent their segment of the industry. The Synthetic Organic Chemical Manufacturers Association (SOCMA) and
its members can be specially recognized for their efforts here, as well as the members and trade associations of the
dye and pigments, and flavors and fragrance, industries.
It is important to note here that the actual conduct of the HPV Challenge Program should have only a minimal effect
on small business, since there already exists a small business exemption in TSCA-related activities, including the
Inventory Update Rule (IUR) reporting. Companies that produce less than 10,000 pounds of a substance per year
are exempt from reporting under the Inventory Update Rule (and it was the 1990 IUR which was used to generate
the actual HPV Challenge Chemical list -- that is, those chemicals for which the aggregate production volume was
one million pounds or greater). Irrespective of their participation in this program, our dialogues with the smaller
companies and the trade organizations that represent them continues. We remain committed to working with small
businesses, particularly those within the specialty and batch chemical industry and their representatives, on the
issues of particular concern to them.
Although the December 1st, 1999 deadline to sign-up and sponsor chemicals under the voluntary phase of the
Program has long passed, some companies might still decide that they wish to enter into the HPV Program, either
individually or as members of the various consortia. In that case, they may still be able to participate prior to their
chemicals being listed on a final test rule. For example, they might be able to participate in either the International
Council of Chemical Associations (ICCA) or the Organization for Economic Cooperation and Development
(OECD) international programs. In any event, they should make their desires known to the Agency as soon as
possible. One of the easiest ways to send a comment or request information on the HPV program is through the
ChemRTK web page at http://www.epa.gov/chemrtk . (Enter the site and click on the "Submit Technical
Questions" button.)
Companies and consortia are now submitting the first test plans and robust summaries of the existing data that they
are uncovering. As of this writing in early December, the Agency has received a total of about 15 Test Plans and
Robust Summaries. (These include information for over 200 chemical substances, since plans and summaries can
be submitted for categories of chemicals as well as for individual chemicals.) You may review and comment on
these test plans and robust summaries by visiting our website at:
http://www.epa.gov/opptrntt/chemrtk/viewsrch.htm. Stakeholders and other interested parties are encouraged to
participate in the public review process and to comment on the completeness and adequacy of these submissions by
way of the "submit comments" button on the ChemRTK website.
For more information on the Program and to learn of new developments as they occur, or to submit your comments,
please visit our Web Site at www.epa.gov/chemrtk. You may also contact the Office of Pollution Prevention and
Toxic's Small Business Liaison Frank Neumann at (202) 260-1772 (or by e-mail at neumann.frank@epa.gov.)
You may also write me at:
Frank Neumann
Office of Pollution Prevention and Toxics
Mailcode 7408
U.S. Environmental Protection Agency
Ariel Rios Building
1200 Pennsylvania Avenue, NW
Washington, DC 20460
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United States
Environmental Protection
Agency
Office of Research and
Development
Washington, DC 20460
v>EPA
BO*
EPA's Small Business Innovation
Research (SBIR) Program
The Environmental Protection Agency (EPA) is one of 10 federal agencies that
participate in the SBIR Program established by the Small Business Innovation
Development Act of 1982. The purpose of this Act was to strengthen the role
of small businesses in federally funded R&D and help develop a stronger national
base for technical innovation. A small business is defined as a for profit
organization with no more than 500 employees. In addition, the small business
must be independently owned and operated, not dominant in the field of
operation in which it is proposing, and have its principal place of business
located in the United States. Joint ventures and limited partnerships are eligible
for SBIR awards, provided the entity created qualifies as a small business.
EPA issues annual solicitations for Phase I and Phase II research proposals from
science and technology-based firms. Under Phase I, the scientific merit and
technical feasibility of the proposed concept is investigated. EPA awards firm-
fixed-price Phase I contracts of up to $70,000 and the period of performance for
these contracts is typically 6 months. Through this phased approach to SBIR
funding, EPA can determine whether the research idea, often on high-risk
advanced concepts, is technically feasible, whether the firm can do high-quality
research, and whether sufficient progress has been made to justify a larger Phase
II effort. The Phase I report also serves as a basis for follow-on commitments.
Phase II contracts are limited to small businesses that have successfully completed
their Phase I contracts. The objective of Phase II is to further develop the
concept proven feasible in Phase I. Competitive awards are based on the results
of Phase I and the scientific and technical merit and commercialization potential
of the Phase II proposal. Under Phase II, EPA can award contracts of up to
$295,000 and the period of performance is typically 2 years. The goal of Phase
II is to complete the R&D required to commercialize the technology.
EPA's next Phase I Solicitation will open on March 29,2001, and will close
on May 24, 2001. The solicitation will be posted on the National Center for
Environmental Research and Quality Assurance WEBSITE at:
http://www.epa.gov/ncerqa/sbir
Please note that the last Phase I solicitation, which closed on May 25, 2000, is
still on the WEBSITE for informational purposes only. The solicitation includes
a description of the program and descriptions of typical topic areas. The
solicitation also is available by fax. If you need a fax copy of last year's
solicitation or if you have any questions, please call James Gallup at: (202) 564-
6823 or the EPA SBIR Helpline at:
1-800-490-9194
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EPA's Draft Public Involvement Policy Summary
The Environmental Protection Agency (EPA) released a Draft 2000 Public Involvement
Policy on December 28, 2000 and is seeking public comments on the Policy through April 27,
2001. The Policy will provide guidance and direction to EPA officials on effective means to
involve the public in its regulatory and program decisions.
The purposes of the Policy are to:
strengthen EPA's commitment to early and meaningful public involvement;
ensure that environmental decisions are made with an understanding of the interest and
concerns of affected people and entities;
promote the use of a wide variety of techniques to create opportunities for public
involvement in Agency decisions; and
establish clear and effective procedures for conducting public involvement activities in
EPA's decision-making processes.
When final, the Policy will apply to all EPA programs, including such activities as
rulemaking for significant regulations, permit issuance or modification, selection of plans for
cleanup of hazardous waste sites, and other significant policy decisions. The Policy will not
replace public participation requirements established by existing laws or regulations, but will
supplement those requirements and enable EPA to implement them in the most effective ways.
All EPA programs and regional offices will implement the Policy when it is finalized. In the
interim, EPA will be applying the Policy as internal guidance. EPA is soliciting comment on
how best to encourage states, tribes and local governments that implement delegated programs to
adopt similar policies.
The new Draft Policy is based on an earlier policy issued in 1981 that was never fully
implemented. The new Policy parallels the earlier one, except that it addresses many changes that
have occurred since 1981. These include: EPA's additional responsibilities under new statutes,
regulations and Executive Orders; new and expanded public participation techniques; new
options for public involvement through the Internet; EPA's emphasis on achieving compliance
through partnerships, technical assistance, and public access to information; increased capacity of
states, tribes and local governments to carry out delegated programs; and new government-wide
administrative procedures and public involvement requirements.
The Draft Policy was published in the Federal Register on Thursday, December 28, 2000.
View the Draft Policy at: www.epa.gov/stakeholders. Call Loretta Schumacher at 202-260-
3096 for printed copies or request e-mail copies from kahn.lisa@epa.gov.
EPA invites your comments sent to stakeholders@epa.gov or by mail to Patricia Bonner,
USEPA - Office of Policy, Economics and Innovation, Mail Code 1807, 1200 Pennsylvania Ave,
NW, Washington, DC 20460.
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Policy Office Builds Small Business
Sector Programs
Office of Policy, Economics and Innovation / Sector Strategies Division
Sustainable _
Industry
Since 1993, EPA has been working in partnership with
industry sectors to find new ways to improve environ-
mental performance while easing the burdens of regula-
tion. The Office of Policy, Economics and Innovation
(OPEI) directs cross-media sector programs in which
government and other stakeholders team with businesses
to learn about factors that influence environmental man-
agement decisions (drivers-barriers analysis) and then
test ways to improve performance. OPEI helps put them
into operation if they bring cleaner, cheaper results.
After success using this approach with the metal finish-
ing industry, OPEI is now building new programs with
other small business sectors: meat processing, metal
casting, specialty-batch chemicals, ship building and
repair, and travel & tourism. OPEI also is leading de-
velopment of a 5-year sector strategy for EPA. Following
are just a few highlights of progress in all these areas.
TRAVEL & TOURISM: VOLUNTARY
ENVIRONMENTAL IMPROVEMENTS PLANNED
AT SKI AREAS
On June 14, EPA joined with the National Ski Areas As-
sociation in a partnership to assist the industry's efforts to
exceed environmental compliance requirements. The vol-
untary initiative establishes a set of principles for a broad
range of improvements in areas such as smart growth, air
quality and waste management. To support the ski indus-
try, EPA will provide technical assistance, using partner-
ship programs such as the Water Alliance for Voluntary
Efficiency, Waste Wise, Energy Star, Smart Growth, and
demonstration projects for environmental management
systems and transportation improvements. Other federal
agencies and non-profits are partners in the effort. For
more information, see: {HYPERLINK
http://www. epa.gov/ispd/travtour.htm }
CASTING INDUSTRY BEGINS PERFORMANCE
IMPROVEMENT PROJECTS
The metal casting industry recently decided to undertake
four projects with EPA and states to address performance
drivers and barriers. An air permitting New Source Re-
view Guidance Manual will be prepared to help metal
casters and regulators speed up the permit process and
improve compliance. A Beneficial Uses of Foundry Sand
project will help states decide safe uses for non-hazardous
spent sand and open markets for the material. Various
Environmental Assistance initiatives will improve com-
pliance and "beyond compliance" behavior. A Casting
Industry Stewardship Performance Track program will
provide incentives for exceptional environmental perform-
ance. EPA expects that use of these products and services
will bring significant environmental improvements in metal
castingparticularly air emissions reductions and waste
minimization.
BUILDING ENVIRONMENTAL STEWARDSHIP IN
THE MEAT PROCESSING INDUSTRY
Meat industry leaders have joined with EPA, USDA, and
states to identify opportunities for improving environmental
performance and act on them. Stakeholders have proposed a
five-point Meat Processing Environmental Stewardship Pro-
gram: a Performance Track similar to the one being devel-
oped by the casting industry (see above); a sector-specific
Environmental Management System; expanded compliance
assistance; External Stewardship initiatives for processors to
work with suppliers and communities; and environmental
research and technology development. Stakeholders will
define the program over the coming months.
METAL FINISHING: OPERATING PROGRAMS
UNDERWAY
OPEI's Sector Strategies Division leads the National Metal
Finishing Strategic Goals Program (SGP), a first-of-its-kind,
sector-wide environmental stewardship program. Participat-
ing companies voluntarily strive to achieve good compliance,
resource conservation, and emission reductions. Government
regulators at all levels provide assistance and remove barriers
to better performance, rewarding firms that show progress.
As of June, over 425 companies, 21 states, and 75 local gov-
ernments are partners with EPA in the SGP. Over 100 of
these stakeholders took part in the 2nd annual SGP summit
meeting in Chicago, sharing success stones, tackling com-
mon problems, and reviewing data on progress made to date.
SHAPING EPA'S SECTORS STRATEGY
OPEI/SSD is developing a five-year Agency sectors strategy.
Slated for release this fall, the strategy will serve as guide-
book to develop, implement, and measure progress in sector
work across EPA. It is being created in concert with the
multi-stakeholder National Advisory Council for Environ-
mental Policy and Technology (NACEPT) and EPA program
and regional offices. Sector work within EPA is now being
assessed: what work is underway in what parts of the
Agency, and how different projects are selected, managed,
implemented and measured. The strategy will contain a vi-
sion for the future of sectors, the current state of sectors, and
framework, implementation and measurement sections.
FOR MORE INFORMATION
Visit EPA's Sustainable Industry website at {HYPERLINKhttp://www.epa.gov/sustainableindustry}, or contact the Sector
Strategies Division, (202) 260-1246, US Environmental Protection Agency (Mail Code 2128), Washington, DC 20460.
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DfE: Environmental Health and Safety Consultant to Small Businesses
The Challenge
The EPA's Design for Environment (DfE) Program evaluates technology alternatives based on human health
and environmental risks, as well as performance and cost. DfE specializes in partnering with small business-
dominated industries, such as auto refinishing and printing, to help them incorporate these concerns into their daily
business practices. Small businesses usually do not have environmental, health and safety (EHS) personnel or
financial resources to address these matters. Therefore, DfE serves as a facilitator by providing resources and
consultation to them and their industry representatives.
DfE's Auto Refmish Project
The EPA Design for the Environment (DfE) Program, m co-operation with the small business compliance center, CAR-
Greenlinkฎ, recently announced a new virtual auto body shop, on line at www.ccar-greenlink.org/cshops. The virtual auto
body shop, consisting of a paint mixing room, paint spray booth, and main room, links to primary health, safety, environmental
and technical information sources for auto refimshers (car painters), shop owners, technical assistance providers, and other
interested parties.
The DfE Program (www.epa.gov/dfe) is working with the collision repair industry and individual shops to increase
awareness of the health and environmental concerns associated with auto refinishing, particularly during spray painting and
related activities. The site advances the goal of DfE's Auto Refmish Project (www.epa.gov/dfe/autobodv/autobodv.htmn to bring
safer, cleaner, and more efficient practices and technologies to the auto refinishing shop. The result: healthier painters and shop
workers, reduced pollution and emissions to the community, and increased spray painting efficiencies that will save money.
The virtual shop provides readily accessible information including, DfE best practices and technical information, fact
sheets from New Jersey's Right-to-Know program on solvents, pigments, and other chemicals used in auto refinishing; direct
links to paint companies who have publicly posted their material safety data sheets (MSDS) and health and safety materials; and
a link to a National Institute for Occupational Safety and Health (NIOSH) Alert for information on health effects of
diisocyanates, the hardener in clear coats used by shop painters and the leading cause of occupational asthma.
DfE's EMS: Screen Printing
The DfE/EMS, an enhancement of the ISO 14000 approach, is designed as a sector-specific tool for companies
to make informed decisions based on EHS information. DfE is currently working on an EMS pilot project with the
screen printing industry. Small businesses dominate this industry, with fifteen employees at the average shop. DfE
helps educate printers so that they can develop stronger roles in managing EHS matters in their businesses. The
EMS focuses on reducing wasted ink and minimizing VOC emissions, solid waste, and polluted wastewater so
printers can run their shops more efficiently. Marcia Kinter of the Screenprinting & Graphic Imaging Association
International (SGIA) describes the EMS as "a way of integrating environmental issues into your normal business
decision-making activities."
Overall, the DfE/EMS is a useful tool for any industry aspiring to manage EHS issues more effectively. DfE
encourages the use of EMS in other industry sectors. DfE has found that linking up with trade associations,
especially ones demonstrating commitment to environmental leadership, is an effective way to bring EMS to an
industry. If you believe your trade association may be a good DfE/EMS partner, please contact us.
The Bottom Line
As these examples demonstrate, DfE plays an important role in improving business practices by analyzing
current technologies and providing educational materials and training to small businesses. The result thus far has
been healthier, more profitable businesses. For more information about DfE, or to obtain copies of DfE materials,
please visit our website at www.epa.gov/dfe. If you have an interest in a future DfE project, please call Carol
Hetfield at 260-1745 or 202-260-1678.
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CONTINUOUS IMPROVEMENTS COMPLIANCE ASSISTANCE
National Compliance Assistance Clearinghouse Launched
In early December, The U.S. Environmental Protection Agency announced the availability of an innovative
web site, the National Compliance Assistance Clearinghouse. This site provides instantaneous access to the
information everyone needs to comply and go beyond compliance with environmental regulations. For the first
time ever, EPA, the states, small business assistance providers and other key stakeholders joined forces to put this
Clearinghouse together by linking to all of their web sites and providing direct access to essential compliance
assistance materials across all programs and sectors.
This new clearinghouse is a single repository of essential compliance assistance materials from EPA, state, local
and tribal government and the private industry. The National Compliance Assistance Clearinghouse, unlike other
EPA web sites, contains many cutting edge features that solicit interaction and participation from the user
community. Besides providing quick access to compliance assistance information and links to experts across the
country, the Clearinghouse allows the users to add links from their own web sites, tell EPA their compliance
assistance needs, find out what compliance assistance activities are being developed by others, share with other
users their planned compliance assistance activities, rate the usefulness of the information provided, and
communicate with other compliance assistance providers.
This new clearinghouse differs from the ten existing compliance assistance centers funded by EPA in that it
provides linkage to compliance assistance information across different organizations, program focus areas and
sectors. Instead of duplicating the unique services the compliance assistance centers provide, the Clearinghouse
supports and augments these services.
Developed in answer to requests from state and other compliance assistance providers that EPA create a central,
national network to help them find information quickly and allow them to communicate with each other more
effectively, the Clearinghouse is a result of Administrator Browner's initiative to enhance and expand the agency's
efforts to help the compliance assistance providers, industries, businesses, and individuals meet their environmental
compliance responsibilities. It is located on the World Wide Web at www.epa.gov/clearinghouse. Copies of the
Clearinghouse brochure will be available through the National Service Clearinghouse of Environmental
Publications (NSCEP) at 1-800-490-9198. For more information about the Clearinghouse, please call 202/564-
7071.
Forum 2001
As a result of the positive feedback from last year's Compliance Assistance Forum, EPA is planning a follow-
up conference, the National Compliance Assistance Providers Forum 2001. The Forum will be held March 7th-9th,
2001 at the Lowes Hotel in Annapolis, Maryland.
The Forum will provide an opportunity for compliance assistance providers to share their views with EPA and
other compliance assistance providers on improving compliance assistance planning, policy and implementation.
The information from the Forum will be used to:
plan projects and address priorities for fiscal year 02/03,
identify areas where EPA can help providers and industry meet their compliance needs,
get feedback on formulating national compliance policies, and
identify opportunities to promote more effective use of compliance assistance resources.
To register or find out more, please call 703-247-4256 or send an mail to caforum(o),marasconewton.com. To
reserve a hotel room at the government per diem rate of $90.00, please call the Loews Annapolis Hotel by 2/4/01 at
800-526-2593 or 410-263-7777 and ask for the US EPA Block. For additional information contact: Joanne
Berman at (202) 564-7064
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EPA Audit Protocols
EPA has developed 10 compliance audit protocol manuals as part of an on-going effort to produce a set of 13 multi-
media documents to assist the regulated community, including small businesses, in conducting environmental audits.
The 10 protocol documents produced to date are organized by statute and provide coverage of the Resource
Conservation and Recovery Act (RCRA), EPCRA, CERCLA, The Safe Drinking Water Act (SDWA), the Toxic
Substance Control Act (TSCA) and the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA). The RCRA
protocols provide audit guidance for hazardous waste generators, RCRA treatment storage and disposal facilities,
RCRA regulated storage tanks (above and underground storage tanks), facilities that manage universal waste and used
oil, and RCRA Subtitle D waste. EPA also issued audit protocols for PCBs, asbestos and lead-based paint activities
regulated under TSCA, reporting requirements under EPCRA and CERCLA, management and production of pesticides
under FIFRA, and the management and operation of public water systems regulated under the Safe Drinking Water
Act.
EPA developed these protocols in support of several EPA policies and programs, such as EPA's Small Business Policy
which is designed to promote environmental compliance by providing compliance assistance and incentives like
penalty waivers to eligible facilities with 100 or fewer employees. In addition, the protocols were designed to
encourage businesses and organizations to perform environmental audits and disclose violations in accordance with
EPA's Audit Policy. The audit protocols are intended to help provide guidance to regulated entities conducting
environmental compliance audits and to ensure that audits are conducted in a thorough and comprehensive manner.
Each protocol offers guidance on key requirements, defines regulatory terms, and provides an overview of the federal
laws affecting a particular environmental management area. It also includes a checklist containing detailed procedures
for conducting a review of facility conditions. The checklists actually outline performance objectives for the auditor
and offer a line of inquiry when evaluating a facility for compliance.
The ten audit protocols that have already been completed and are available to the public include:
Protocol for Conducting Environmental Compliance Audits of Hazardous Waste Generators under the Resource
Conservation and Recovery Act (EPA Document No., EPA-305-B-98-005)
Protocol for Conducting Environmental Compliance Audits of Treatment Storage and Disposal Facilities under the
Resource Conservation and Recovery Act (EPA Document No., EPA-305-B-98-006)
Protocol for Conducting Environmental Compliance Audits Under the Emergency Planning and Community Right-
to-Know Act (EPA Document No., EPA-305-B-98-007)
Protocol for Conducting Environmental Compliance Audits Under the Comprehensive Environmental Response,
Compensation and Liability Act (EPA Document No., EPA-305-B-98-009).
Protocol for Conducting Environmental Compliance Audits of Facilities Regulated under Subtitle D of RCRA (EPA
Document No., EPA-300-B-00-001)
Protocol for Conducting Environmental Compliance Audits of Used Oil and Universal Waste Generators under the
Resource Conservation and Recovery Act (EPA Document No., EPA-300-B-00-002)
Protocol for Conducting Environmental Compliance Audits of Storage Tanks under the Resource Conservation and
Recovery Act (EPA Document No., EPA-300-B-00-006)
Protocol for Conducting Environmental Compliance Audits of Facilities with PCBs, Asbestos, and Lead-based Paint
Regulated under TSCA (EPA Document No., EPA-300-B-00-004)
Protocol for Conducting Environmental Compliance Audits of Public Water Systems under the Safe Drinking Water
Act (EPA Document No., EPA-300-B-00-005)
Protocol for Conducting Environmental Compliance Audits under the Federal Insecticide, Fungicide and
Rodenticide Act (FIFRA) (EPA Document No., EPA-300-B-00-003)
EPA expects to issue three more audit protocols to the public between December 2000 and March 2001 including: The
Clean Air Act; The Clean Water Act; and TSCA.
You can obtain hard copies of the protocols by contacting EPA's National Service Center for Environmental
Publications (NSCEP) at 1-800-490-9198. When ordering copies from NSCEP, please reference the title and the
document number of the protocol(s) you've selected. The protocols can also be obtained electronically via EPA's Web
site: www.epa.gov/oeca/ccsmd/prorile.html. For further information on the protocols, contact Richard Satterfield
(202) 564- 2456.
48
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X" Compl i ance ^
I Assistances
}
- -"^
Access the Compliance Assistance Centers at
www.asslstancecenters.net
CCAR-GreenLinkฎ
Helps the automotive service and
repair community identify flexible, com-
mon sense ways to comply with envi-
ronmental requirements, www.ccar-
greenlink.org
C C A R
AT
GreeriLir&i
UMAN
ChemAlliance
Provides innovative Web site
features to direct chemical manufacturers to
information resources and plain-language com-
pliance assistance material.
www.chemalliance.org
Local Government Environmental
Assistance Network (LGEAM)
Serves as a "first-stop-shop" by providing
environmental management, planning,
and regulatory information for local gov-
ernment officials, managers, and staff.
www.lgean.org
National Agriculture Compliance
Assistance Center (Ag Center)
Serves as the "first stop" for information
about environmental requirements that A Centers
affect the agriculture community.
www.epa.gov/oeca/ag
(This is a government run center)
National Metal Finishing Resource
Center (NMFRCJ
Provides comprehensive environ-
mental compliance, technical assistance, and
pollution prevention information to the metal fin-
ishing industry, www.nmfrc.org
National Metal Finding
Resource Canter
The U.S. Environmental Protection Agency
has sponsored partnerships with industry,
academic institutions, environmental groups,
and other federal and state agencies to estab-
lish Compliance Assistance Centers for ten
industry and government sectors.
If you own a small business in one of these
sectors, these resources can help you under-
stand your environmental obligations,
improve compliance, and find cost-effective
ways to comply.
Paints and Coatings
Resource Center
Provides regulatory compliance
and pollution prevention infor-
mation to organic coating facilities, industry
vendors and suppliers, and others, www.paint-
center.org
Printed Wiring Board
Resource Center """"" tA>
Provides regulatory compliance and pollution
prevention information to printed wiring board
manufacturers, industry vendors and suppliers,
and others, www.pwbrc.org
Printers' national Environmental
Assistance Center (PNEAC)
Provides compliance and pollu-
tion prevention fact sheets, case studies, and
training, as well as two e-mail discussion
groups on technical and regulatory issues.
www.pneac.org
Transportation Environmental
Resource Center (TERC)
Provides compliance assistance information for
each mode of transportation - air, shipping and
barging, rail, and trucking.
www.transource.org
Fed Site
Serves as the "first stop" for informa-
tion about environmenta;! laws and
regulations that affect Federal
departments and agencies.
www.www.epa.gov/oeca/fedfac/cfa
(This is a government run center)
For more information, contact Tracy Back, 202-564-7076 or e-mail: back.tracy@epa.gov
49
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The Centers Just Keen Getting Better I
The Centers are continually developing new
features to better serve their customers. Be
sure to explore the new Center developments!
CCAR-GreenLinkฉ
At CCAR-GreenLinkฎ, don't miss the:
Expanded CCARฎ Pollution Prevention
Center - the most complete Internet gateway
to pollution prevention materials designed
for the automotive service and repair indus-
try.
New collision/body shop virtual graphics -
find plain-language regulatory, pollution pre-
vention, best-practice information -and
more- applicable to repair shops, spray
booths, and paint mixing rooms.
View the new streaming videos
featured at Transource:
Deicing Options and Issues
Aviation Environmental Management
Tenant Liability & ISO 14000
Solid and Hazardous Waste Management
FAA and the Environment
TRANS
TKANSfOKTArtON CNVIRONMENTAL Rฃ$OUKฃ CfNTfR
ARCRC
Paints and Coatings
Resource Center
Get your questions answered toy the
"Ask the Expert" service.
Ron Joseph, Coatings
Editor of Metal Finishing
Magazine and author of
"Organic Guidebook
and Directory," answers
your e-mail questions. Also, visit the questions
and answers archive.
Printers' National Environmental
Assistance Center
Missed the "High
Performance Flexo:
Printing With A Cleaner
Greener Image" live web-
cast? Don't despair!
View the webcast or a pro-
gram portion, and learn
about:
Ink Management
Case Study: Highland
Supply Corp.
HIGH
PERFORMANCE
FLEXO
PRINTING
WfTH A CLEANER
GREENER IMAGE
Solvents, Wipes & Towels:
Issues and Choices
Update on Management of Used Shop
Towels & Wipes
Solvent and Aqueous Plate Processing
Stay current with the latest news
effecting the agriculture sector.
Ag-related news is announced
through the Center's list server
and posted at the Center. Join the
list server or log on frequently to
stay current with:
Center
Health & safety alerts
Upcoming & recent compliance dates
Items for which EPA is accepting
comments
Other environmental compliance
news sources.
Subscribe to the list server at www.epa.gov/agricul-
ture, click on News and Alerts.
50
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EPA POLICIES ASSIST SMALL BUSINESSES WITH ENVIRONMENTAL COMPLIANCE
EPA's Office of Enforcement and Compliance Assistance (OECA) has recently revised the following policies to respond to the environmental
compliance needs of small business: \Pohcyon Compliance Incentives for Small Business^and the Final Policy on Environmental Self-Auditing and Self-
Disclosure. The Enforcement Response Policy was not modified. Under these policies, the Agency will protect public health and the environment by
providing small businesses with incentives to proactively pursue environmental compliance and pollution prevention activities. These policies are briefly
described below.
SMALL BUSINESS COMPLIANCE POLICY
EPA issued the revised Small Businesses Compliance Policy, effective May 11, 2000, to provide small businesses with incentives to participate
in compliance assistance activities and programs, or conduct environmental audits. This policy supersedes the June 1996 version and expands upon
EPA's 1994 Enforcement Response Policy under the Clean Air Act Section 507. The policy implements, in part, the Executive Memorandum on
Regulatory Reform (60 FR 20621, April 26, 1995) and Section 223 of the Small Business Regulatory Enforcement Fairness Act of 1996 (signed into
law on March 29, 1996) (SBREFA). Under this policy, EPA will eliminate or reduce civil penalties provided the small business satisfies all of the
following four criteria:
The small business has voluntarily discovered a violation. These may be discovered by the business by participating in compliance assistance
programs, mentoring, use of checklists from the Internet or by voluntary audits.
The small business voluntarily discloses the violation within 21 days. This disclosure must be sent in writing to the regulatory agency. Businesses
may disclose to the EPA Region or to the appropriate State and Tribal agencies if they have similar policies.
The small business corrects the violation and remedies any associated harm within 180 days of discovery; an additional 180 days may be granted
if pollution prevention technologies are being used.
The small business has not used this Policyor been subject to enforcement action for the same or similar violation in the past three years and has
not been subject to two or more enforcement actions for environmental violations in the past five years. The violation has not caused serious harm
to public health, safety, or the environment; it does not present imminent and substantial endangerment to public health or the environment; and
it does not involve criminal conduct.
Please see the actual Policy for more specifics on the criteria and on violations that are ineligible. Information about using the Policy, questions and
answers, and the types of violations that have been disclosed will be posted and periodically updated on the website. For more specific information on
this policy, contact Ann Kline, Office of Compliance, at (202) 564-0119 or visit http://www.epa.gov/oeca/smbusi.html.
POLICY ON ENVIRONMENTAL SELF-POLICING
EPA issued the revised Final Policy on "Incentives for Self-Policing: Discovery, Disclosure, Correction and Prevention of Violations" in the Federal
Register on April 11, 2000 (65 Fed. Reg. 19,617). Commonly referred to as the EPA Audit Policy, it provides regulated entities of all sizes with
incentives to voluntarily discover, disclose, and correct violations of environmental laws and requirements.. Under the Audit Policy.
EPA will not seek gravity-based penalties from entities that systematically discover potential environmental violations, promptly disclose them to
EPA, expeditiously correct them and meet all other conditions of the Policy.
For entities that disclose violations that were not systematically discovered, EPA will reduce gravity-based penalties by 75% provided all other
Policy conditions are met.
EPA will generally not recommend criminal prosecution for entities that discover, promptly disclose, and expeditiously correct violations which
are potentially criminal, provided all other Policy conditions are met.
The Policy excludes repeat violations, violations that result in serious actual harm and violations that may present an imminent and substantial
endangerment. EPA retains its discretion to recover any economic benefits realized as a result of noncompliance.
Issuance of the revised Policy followed a two-year evaluation of the 1995 Audit Policy. Key revisions include lengthening the period for prompt
disclosure from 10 to 21 days, clarifying that the Audit Policy is available in the multiple-facility context, and clarifying how the prompt disclosure and
repeat violation conditions apply in the acquisitions context
For more information on this policy, contact Catherine Malinin Dunn at (202) 564-2629.
ENFORCEMENT RESPONSE POLICY
EPA issued the Enforcement Response Policy, effective August 12,1994, to provide small businesses with a limited grace period to correct violations
revealed during requested assistance from a State Small Business Assistance Program (SBAP) established under Section 507 of the Clean Air Act. Under
the policy, two options are provided:
SBAPs may offer small businesses a limited correction period for violations detected during compliance assistance Small businesses may have
up to 90 days to receive compliance assistance from the SBAPs, with the possibility of an additional 90 days to correct any violations discovered
under the program. After that time, violations would be subject to existing enforcement policies.
SBAPs may offer compliance assistance on a confidential basis. Under this option, the state retains the ability to investigate and/or take enforcement
actions at any time for violations discovered independently from the Section 507 program. Under the Small Business Compliance Policy, small
businesses that receive confidential assistance from the SBAP may receive a correction period if the small business voluntarily discloses the violation
to the appropriate regulatory agency.
For more information on this policy, contact Ann Kline at (202) 564-0119.
For copies of these policies, call (800) 368-5888 and ask for Item 13.
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EPA'S REVISED AUDIT POLICY - Effective May 11, 2000
General Information
Formal Title: "Incentives for Self-Policing:
Discovery, Disclosure, Correction
and Prevention of Violations"
Citation: 65 FR 19,617 (April 11, 2000)
Web Site: www.epa.gov/oeca/auditpol.html
Purpose - To encourage regulated entities to
voluntarily discover, disclose, correct and prevent
violations of Federal environmental requirements
Incentives Available Under the Audit Policy
Penalty mitigation - Entities that meet all of the
conditions contained in the Audit Policy are eligible
for 100% mitigation of all gravity-based penalties.
Entities that meet all of the conditions except for
"systematic discovery" of violations are eligible for
75% penalty mitigation. EPA retains its discretion to
collect any economic benefit that may have been
realized as a result of noncompliance.
No recommendation for criminal prosecution -
For entities that disclose violations of criminal law
and meet all applicable conditions under the Policy,
the Agency will refrain from recommending criminal
prosecution for the disclosing entity.
No routine requests for audit reports - In general,
EPA will not request audit reports from those who
disclose under the Audit Policy.
To Make a Disclosure Under the Audit Policy
Disclosures of civil violations should be made to the
EPA Region in which the entity or facility is located
or, where multiple Regions are involved, to EPA
Headquarters. For more information, contact Leslie
Jones at 202-564-5123.
Disclosures of criminal violations should be made to
the appropriate EPA criminal investigation division,
to EPA Headquarters, or to the U.S. Department of
Justice. For more information, contact Michael
Penders at 202-564-2526.Conditions of the Audit
Policy - Entities that satisfy the following conditions
are eligible for Audit Policy benefits. (Note: entities
that fail to meet the first condition - systematic
discovery - are eligible for 75% penalty mitigation
and for no recommendation for criminal
recommendation).
Systematic discovery of the violation through an
environmental audit or a compliance management
system.
Voluntary discovery, that is, not through a legally
required monitoring, sampling or auditing procedure.
Prompt disclosure in writing to EPA within 21 days
of discovery or such shorter time as may be required
by law (discovery occurs when any officer, director,
employee or agent of the facility has an objectively
reasonable basis for believing that a violation has or
may have occurred).
Independent discovery and disclosure, before EPA
likely would have identified the violation through its
own investigation or based on information provided
by a third-party.
Correction and remediation within 60 calendar
days, in most cases, from the date of discovery.
Prevent recurrence of the violation.
Repeat violations are ineligible, that is, those that
have occurred at the same facility within the past 3
years or those that have occurred as part of a pattern
of violations within the past 5 years at another
facility(ies) owned or operated by the same company;
if the facility has been newly acquired, the existence
of a violation prior to acquisition does not trigger the
repeat violations exclusion.
Certain types of violations are ineligible - those
that result in serious actual harm, those that may
have presented an imminent and substantial
endangerment, and those that violate the specific
terms of an administrative or judicial order or
consent agreement.
Cooperation by the disclosing entity is required.
For more information on this policy, contact Catherine Malinin
Dunn at (202) 564-2629.
52
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EPA's Small Business Compliance Policy
Background and Purpose
This Policy promotes environmental compliance among small businesses by providing them with special
incentives. EPA will eliminate or reduce penalties for small businesses that voluntarily discover, promptly
disclose, and correct violations in a timely manner.
EPA wants to encourage small businesses to learn about environmental compliance and pollution
prevention through the wide range of training, checklists, mentoring, and other activities now available to
small businesses through regulatory agencies, private organizations, non-profit organizations, and the
Internet. Therefore small businesses that voluntarily discover a violation because they utilized these types
of activities may have the penalty eliminated if they meet all the criteria in the Policy.
Effective Date and Citation
This Policy is effective May 11, 2000 and supersedes the June 1996 version. It was published in the
Federal Register on April 11, 2000, 65 FR 19630.
Who Qualifies to Use this Policy
For purposes of this Policy, a small business is defined as a person, corporation, partnership, or other entity
that employs 100 or fewer individuals across all facilities and operations owned by the entity. Entities can
also include small governments and small organizations.
How to Qualify for Penalty Elimination or Reduction
EPA will eliminate the entire civil penalty* if a small business satisfies all four of the criteria below.
O The small business voluntarily discovers a violation. Violations could be discovered after
attending training classes or seminars, receiving on-site compliance assistance, participating in
mentoring programs, or using compliance guides or checklists downloaded from the Internet.
ฉ The small business voluntarily discloses the violation within 21 days. This disclosure must be sent
in writing to the regulatory agency.
ฉ Corrections Period - the business corrects the violation and remedies any damage associated with
the violation within 180 days of its discovery. However, if the correction will take longer than 90
days, a written schedule will be necessary. For small businesses that are correcting the violation
by using pollution prevention technologies, they may have an additional period of 180 days, i.e.
up to a period of 360 days.
O The Policy applies if the:
a. violation has not caused actual serious harm to public health, safety, or the environment;
b. violation is not one that may present an imminent and substantial endangerment to public
health or the environment;
c. violation does not involve criminal conduct;
d. facility has an appropriate compliance record. The small business hasn't used this Policy
for a violation of the same or similar requirement within the past 3 years and has not
been subject to two or more enforcement actions for any environmental violations in 5
years; and
e. violation has not already been discovered by the agency through inspections or citations,
or other methods. A legally required monitoring procedure was not violated.
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Please see the actual Policy for more specifics on the criteria and on violations that are ineligible.
*In the rare instance where the small business has obtained a significant economic benefit from the
violation(s) (i.e., economic advantage over its competitors), EPA will waive 100% of the gravity
component of the civil penalty, but may seek the full amount of any economic benefit associated with the
violations. As of March 2000, EPA has never sought to collect economic benefit since this Policy was
originally issued in 1996.
Applicability to States
EPA will defer to comparable State and Tribal Policies if they are generally consistent with this Policy.
For More Information contact Ann Kline at 202-564-0119 or visit http://www.epa.gov/oeca/smbusi.html
Information about using the Policy, questions and answers, the types of violations that have been disclosed and any
disclosures that have prompted EPA to collect economic benefit will be posted and periodically updated on the
website.
Listed below are the regional contacts for the Policy and small business issues. The Small Business Liaisons may
also be able to provide more general information on compliance assistance and this Policy.
EPA Regional Contacts
Policy Contacts
Small Business Liaison
Region 1:
Region 2:
Region 3:
Region 4:
Region 5:
Region 6:
Region 7:
Region 8.
Region 9:
Region 10:
Joel Blumstem
Sam Silverman
Daniel Kraft
John Wilk
Janet Vmiski
Lydia Isales
Angela Blackwell
Bill Anderson
Carol Baschon
Bertram Frey
Tmka Hyde
Jodi Swanson- Wilson
Marcia Moncrieffe
Efren Ordonez
Charles Sheehan
Becky Dolph
David Rochlin
Leslie Guinan
George Hays
Brian Riedel
Jackson Fox
Meg Silver
Adan Schwartz
617-918-1771
617-918-1731
732-321-6669
212-637-3918
215-814-2999
215-814-2648
404-562-9527
404-562-9680
404-562-9528
312-886-1308
312-886-9296
312-886-0879
214-665-7343
214-665-2181
214-665-2175
913-551-7281
303-312-6892
415-744-1339
415-744-1399
415-744-1380
206-553-1073
206-553-1476
206-553-0015
Dwight Peavey
John Wilk
Davicl Byio
Annette Hill
Glynis Zywicki
David Gray
Jan Lambert
Rob Laidlaw
Mark Samolis
Bill Dunbar
617-918-1829
212-637-3918
215-814-5563
404-562-8287
312-886-4571
214-665-2200
913-551-7768
303-312-7064
415-744-2331
206-553-1138
SBCP Fact Sheet June 2000
54
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STATE SMALL BUSINESS ASSISTANCE PROGRAMS
SMALL BUSINESS SPECIAL NEEDS:
Congress recognized the particular problems that many small businesses would have in dealing with the 1990
Clean Air Act Amendments complex requirements. A typical small business employs fewer than 50 people, and is
the only business operated by the owner. It is the corner dry cleaner, the "mom and pop" bakery, the auto body
repair shop, gasoline service station, the machine, tool and dye company, or one of a host of other local business
establishments. Many have been in the same family and neighborhood for generations.
Air pollution control regulation may seem very complex to many small businesses. Many may not be able to
afford to hire lawyers or environmental specialists to interpret and comply with all the requirements they may be
responsible for in the new Act. Most may be hard pressed to inform themselves about the most basic requirements
and deadlines of the control programs that will affect them, let alone the more complicated issues they are going to
have to address to control air emissions, such as:
The types of pollutants their company emits that are subject to the Act's requirements;
The methods they can use to estimate emissions for a permit application;
The types of control technologies that are best and least costly for controlling a specific production process
or chemical substance they use to make goods and services; and
Process or substance substitutes they can use to prevent or reduce emissions.
STATE LEAD FOR PROVIDING SMALL BUSINESS ASSISTANCE:
The 1990 Clean Air Act Amendments gives each state government the lead in developing and implementing a
Small Business Technical and Environmental Compliance Assistance Program as part of legally enforceable state
implementation plans.
THE ACT'S DEFINITION OF A SMALL BUSINESS:
The Act establishes certain criteria that a company must meet to qualify for assistance as a small business. It
must be a small business as defined in the Small Business Act which generally means that it is an independently
owned and operated concern that is not dominant in its field. The business must be owned by a person who
employs 100 or fewer individuals, and cannot be a major stationary source of either a primary urban (so called
"criteria") pollutant or toxic air pollutant. It cannot, in fact, emit 50 tons or more of a single pollutant a year, or
more than 75 tons of all regulated pollutants. State governments can modify some of these requirements provided
that the particular source does not emit more than 100 tons a year of all regulated pollutants.
FEDERAL OVERSIGHT AND SUPPORT:
EPA will be providing several forms of guidance and assistance to these state assistance programs for the full
duration of the Act.
Federal Guidelines: EPA published final guidelines for states to draw upon to develop their assistance
programs. The Agency has approved each state compliance and assistance program to ensure that it meets the
Act's requirements.
Oversight and Monitoring: The EPA Small Business Ombudsman oversees and monitors all state assistance
programs and makes periodic reports to Congress on each state's progress. Among other things, the EPA
Ombudsman determines how well the state programs are working and makes sure that the information and
assistance the states provide is understandable to the layman.
Technical Assistance and Research: EPA shares information and research that it has developed nationally
with each state assistance and compliance program. States are able to receive technical assistance through
several EPA Centers and Hotlines. These Centers and Hotlines provide a broad range of assistance including
information concerning the Clean Air Act requirements, control technology data, pollution prevention methods
and alternatives, emission measurement methods, air pollution monitoring devices, and prevention of accidental
releases of toxic chemicals into the environment.
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COMPONENTS OF AN OVERALL STATE ASSISTANCE PROGRAM
By November, 1992, each state was required to develop a plan for implementing a Small Business Stationary Source
Technical and Environmental Compliance Assistance Program. Congress envisioned that these programs would be in place
before small businesses begin to feel the direct effects or deadlines of the Act.
Each state program is required to include three components: (1) appointment of a state small business ombudsman; (2)
establishment of a comprehensive small business assistance program; and, (3) appointment of a seven-member state compliance
advisory panel.
1. State Ombudsman: The first component is the State Ombudsman who acts as the small business community's
representative in matters that affect it under the Clean Air Act. Other responsibilities of the State Ombudsman could
be to:
Review and provide comments and recommendations to EPA and state/local air pollution control authorities
regarding the development and implement of regulations that impact small businesses;
Help disseminate information about upcoming air regulations, control requirements, and other pertinent matters
to small businesses;
Refer small businesses to the appropriate specialists in state government and elsewhere for help with particular
needs (e.g., available control technologies and operating permit requirements); and,
Conduct studies to evaluate the effects of the act on state and local economies, and on small businesses generally.
2. Small Business Assistance Program (SBAP): The second component of the overall state program is the Small Business
Assistance Program which is the technical and administrative support component within the state government. The
SBAP staff has access to air quality experts, technically proficient engineers, scientists and managers, and environmental
specialists who provide support and technical assistance needed by small businesses to comply with the Act's
requirements. Related responsibilities include:
Informing businesses of all requirements in the Clean Air Act that apply to them and the dates these requirements
will apply;
Helping small businesses deal with specific technical, administrative and compliance problems;
Disseminating up-to-date information about the Clean Air Act to the small business community, including easy to
understand public information materials; and,
Referring small businesses to environmental auditors who can evaluate how effective a company's work practices,
monitoring procedures, and record-keeping are for complying with applicable clean air requirements.
3. State Compliance Advisory Panel: The third component of the overall state assistance program consists of a seven-
member state compliance advisory panel in each state for determining the overall effectiveness of the state SBAP. Four
of these members must be small business owners or representatives selected by the state legislature; the governor of each
state selects two other members to represent the "general public." The seventh member is chosen by the head of the
state agency responsible for issuing operating permits.
The State compliance advisory panels reviews and renders advisory opinions on the effectiveness of the state SBAP,
and makes periodic progress reports to EPA' s Small Business Ombudsman concerning compliance of the small business
program with other pertinent federal regulations. The compliance advisory panels also makes certain that information
affecting small business is written in a style that is clear and understandable.
TYPES OF BUSINESSES SUBJECT TO AIR POLLUTION CONTROLS
This is a general list of the typical kinds of small type businesses affected by one or more of the air pollution control
programs under the 1990 Clean Air Act Amendments. All small businesses should consult their state pollution control agency
for more specific details about the controls that will be required in their area.
Agricultural Chemical Applicators Furniture Manufacturers Newspapers
Asphalt Manufacturers Furniture Repairs Pest Control Operators
Asphalt Applicators Gasoline Service Stations Photo Finishing Laboratories
Auto Body Shops General Contractors Printing Shops
Bakeries Hospitals Refrigerator/Air Conditioning
Distilleries Laboratories Service and Repair
Dry Cleaners Lawnmower Repair Shops Tar Paving Applicators
Foundries Lumber Mills Textile Mills
Metal Finishers Wood Finishers
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November 27, 2000 CLEAN AIR ACT
SMALL BUSINESS OMBUDSMEN AND TECHNICAL ASSISTANCE DIRECTORS
STATE
AL
AK
AZ
AZ
MARICOPA COUNTY
AR
CA
CA
South Coast AQMD
CO
CT
DE
DC
FL
GA
HI
ID
IL
LA
IN
KS
KY
LA
MA
MD
ME
MI
MN
MO
MS
OMBUDSMAN
Blake Roper
Tom Turner (Acting)
Kathleen Tschogl
Tim Brown
Cathy Heald
Tracy Babbidge
To be Announced
Sandra Handon
Elsa Bishop
Patrick Felling
Sally Tarowsky
Don Squires
Linda King
Erika Seydel-Cheney
Janet Neff
Rose Marie Wilmoth
Jim Friloux
Bon Jackson
Ron Dyer
Dana Cole
Charlie Kennedy
Angle Heffner
Jesse Thompson
PHONE
(334) 394-4335
(N) (800) 533-2336
(907) 269-7582
(800)-5 10-2332
(916) 323-6791
(S) (800) 272-4572
(909) 396-3235
(S)(800)388-2121
(303) 692-2034
(S) (800) 886-7689
(860) 424-3382
(S) (800) 760-7036
(302) 739-6400
(202)535-1722
(850) 414-8399
(S) 800-722-7457
(808) 586-4528
(208) 373-0472
(217)785-1625
(S) (888) 372-1996
(N) (515) 242-4761
(S) (800) 358-5510
(317) 232-8598
(S) (800) 451 -6027
(785) 296-0669
(N) (800) 357-6087
(502)564-2150X128
(N) (800) 926-81 11
(225) 765-0735
(S) (800) 259-2890
(410) 631-3165
(S) (800) 633-6101, X 3772
(207)287-4152
(S) (800) 789-9802
(517)241-3518
(651) 297-8615
(S) (800) 985-4247
(573)751-3222
(N) (800)361-4827
(601)961-5167
(IV) (800)725-6112
TECH. ASST. DIR.
Mike Sherman
Jack Bale
Richard Polito
Joe Bob Garner
Peter Venturini
Larrv Kolczak
Nick Melliadis
Olivia Achuko
Elsa Bishop
Anita Dorsey-Word
Robert Tarn
Roslyn Jackson
John Konefes
Cheri Storms
Richard Nelson
Gregory Copley
Dick Lehr
Andrew Gosden
Roy Krout
Dave Fiedler
Troy Johnson
Byron Shaw
Randy Wolfe
PHONE
(334)271-7873
(N) (800) 533-2336
(602) 207-2254
(S) (800) 234-5677, x 4337
(602)506-5102
(501)682-0866
(916) 445-0650
(S) (800) 272-4572
(909) 396-3215
(S)(800)388-2121
(303) 692-3175
(N) (800) 333-7798
(202) 535-2997
(850)414-8399
(S) 800-722-7457
(404) 362-4842
(808) 586-4200
(217)524-0169
(S) (800) 252-3998
(319)273-8905
(S) (800) 422-3109
(317)233-1041
(S) (800) 45 1-6027
(785) 532-4999
(N) (800) 578-8898
(606)257-1131
(N) (800) 562-2327
(225) 765-2453
(S) (800) 259-2890
410-631-4158
(S)(800)633-6101,x4158
(207) 287-8550
(S) (800) 789-9802
(517)373-0607
(N) (800)662-9278
(651)296-7767
(S) (800)657-3938
(573) 526-6627
(N) (800) 361-4827
(601)961-5166
(N) (800)725-61 12
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STATE
MT
NC
NE
NH
NJ
NM
NV
NY
ND
OH
OK
OR
PA
PR
RI
SC
SD
TN
TX
UT
VT
VA
VI
WA
WV
WI
WY
OMBUDSMAN
Bonnie Rouse
Edythe McKinney
Tom Franklin
Rudolph Cartier
Lauren Moore
Sandra Ealy
Marcia Manley
Keith Lashway
Jeff Burgess
Mark Shanahan
Steve Thompson
Paul Burnet
Gene Delvecchlo
Luis Velez
Phyllis Copeland
Joe Nadenicek
Ernest Blankenship
Israel Anderson
Renette Anderson
John Daniel
Dave Bassage
Pam Christenson
Dan Clark
PHONE
(406) 444-3648
(N) 800-433-8773
(919) 733-0823
(N) (800) 829-4841
(402) 471-8697
(603) 271-1379
(609) 292-3863
(N) (800) 643-6090
(505) 827-9685
(N) (800) 810-7227
(775) 687-4670, X3162
(S) (800) 992-0900
(518) 292-5348
800-782-8369 (S)
(701) 328-5153
(S) (800) 755-1625
(614) 728-3540
(S) (800) 225-5051
(405) 702-7100
(503) 229-5776
(800)452-4011(8)
(717) 772-8951
(787) 384-8614
(803) 898-3997
(N) (800) 819-9001
(605) 773-3836
(S) (800) 438-3367
(615) 532-6262
(N) 800-734-3619
(512) 239-5319
(N) (800) 447-2827
(801) 536-4478
(N) (800)458-0145
(804)698-4311
(S) (800) 592-5482
(304)558-5929X203
(608) 267-9384
(N) (800) 435-7287
(307) 777-7388
TECH. ASST. DIR.
Warren Norton
Tony Pendola
Rudolph Cartier
Chuck McCarty
Lany Weaver
Janet Goodman
Marian. Mudar, Ph.d
Tom Bachman
Rick Carleski
Alwin Ning
Jill Inahara
Cecily Beall
Maria Rivera
Pam Annarummo
James Robinson
Tim Rogers
Linda Sadler
Tamra Shae-Oatman
Ron Reece
Judy Mirro
Richard Rasmussen
Marylyn A. Stapleton
Bernard Brady
Fred Durham
Renee Lesjak-Bashel
Charles Raffelson
PHONE
(406) 444-5281
(N) (800) 433-8773
(919) 733-0824
(N) 800-829-4841
(603) 271-1379
(609) 292-3600
(505) 827-0042
(N) (800) 810-7227
(775) 687-4670, x3164
(S) (800) 992-0900 X4670
(518) 457-9135
(S) (800) 780-7227
(701) 328-5188
(S) (800) 755-1625
(614) 728-1742
(405) 702-6100
(503) 229-6147
(S) (800) 452-4011
(215) 656-8709
(N) (800) 722-4743
(787) (787) 294-0101
(401) 222-6822 X7204
(S) (800) 253-2674
(803) 898-3981
(N) (800) 819-9001
(605) 773-3151
(S) (800) 438-3367
(615) 532-8012
(N) (800) 734-3619
(512) 239-1066
(N) (800) 447-2827
(801) 536-4091
(N) (800)270-4440
(802) 241-3745
(S) (800) 974-9559
(804) 698-4394
(S) (800) 592-5482
(340) 774-3320 X5167
(360) 407-6803
(304) 926-36474
(S) (800) 982-2474
(608) 267-6153
(N) (800) 435-7287
(307) 777-7347
Note: (S)- State (N) - National
58
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State Pollution Prevention Technical Assistance Programs
Region 1
US EPA Region 1
Abby Swame
1 Congress St.
Suite 1100 (SPN)
Boston, MA 02214-2023
Ph. 617/918-1841
Fx. 617/918-1810
swame abby@epa.gov
Connecticut OEP
Kim Trella
79 Elm St
Hartford, CT 06106
Ph 860/424-3234
Fx 860/424-4081
Maine DEP
Chris Rushton
State House Station 17
Augusta, ME 04333
Ph 207/287-7100
Fx 207/287-2814
chris rushton@state me.us
Massachusetts OTA
Scott Fortier
100 Cambridge St Rm2109
Boston, MA 02202
Ph 617/626-1090
Fx 617/6261095
scoff fortier@state ma us
MA STEP Program
Paul Richard
100 Cambridge St. Rm 2000
Boston, MA 02202
Ph 617/626-1042
paul richard@state.ma us
Toxics Use Reduction Institute
Janet Clark
One University Avenue
Lowell, MA 01854
Ph 978/934-3346
Fx 978/934-3050
clarkjan@turi.org
New Hampshire DES
Stephanie D'Agostino
6 Hazen Dnve
Concord, NH 03301
Ph 603/271-6398
Fx: 603/271-2867
s_daffostfno@des state nh us
Rhode Island DEM
Richard Enander
235 Promenade St
Room 250
Providence, Rl 02908
Ph 401/222-4700
Fx 401/222-3810
Narragansett Bay Commission
James McCaughey
235 Promenade St
Providence, Rl 02908
Ph. 401/222-6680
Fx 401/222-2584
ppr@narrabay corn
Vermont ANR
Gary Gulka
103 South Mam St
Waterbury, VT 05671
Ph 802/241-3626
garyg@dec anr state vt us
NEWMOA
Tern Goldberg
129 Portland St, Suite 602
Boston, MA 02114
Ph 617/367-8558
Fx: 617-367-0449
neppr@tiac net
Region 2
US EPA Region 2
Deborah Freeman
290 Broadway (SPMMB)
New York, NY 10007
Ph-212/637-3730
Fx 212/637-3771
freeman deborah@epa gov
New Jersey DEP
Melinda Dower
401 E State St, PO Box 423
Trenton, NJ 08625
Ph-609/292-1122
Fx 609/777-1330
mdowengdep state n/.us
NJTAP
Laura Battista
138 Warren St
Newark, NJ 07102
Ph. 973/596-5864
Fx 973/596-6367
battista@megahertz njit.edu
New York DEC-P2 Unit
Mary Werner
50 Wolf Rd
Albany, NY 12233
Ph- 518/457-2553
Fx 518/457-2570
mhwemer@gw.dec state ny.us
Puerto Rico Environment
Carlos Gonzales
Ph- 809/765-7517x381
Fx 809/765-6853
Region 3
US EPA Region 3
Jeff Burke
1650 Arch St
Philadelphia PA 19103
Ph 215/814-2761
Fx 215/814-2782
burke jeff@epa gov
Delaware ONR
Andrea Kremer
PO Box 1401
89 Kings Highway
Dover, DE 19903
Ph 302/739-3822
Fx 302/739-6242
akreiner@dnrec state de us
MD Dept of Environment
Laura Armstrong
2500 Broening Hwy
Baltimore, MD 21224
Ph 410/631-4119
Fx 410/631-4477
larmstrong@mde.state.md.us
PA Dept of Environment
Ed Pinero
OPPCA
PO Box 8772
Harnsburg, PA 17105-8772
Ph 717/783-0542
Fx 717/783-2703
pinero edwin@dep.state.pa.us
PA Technical Assistance
Jack Gido
110 Barbara Bldg II
University Park, PA 16802
Ph 814/865-0427
Fx- 814/865-5909
Virginia DEQ
Sharon K Baxter
POBox 10009
Richmond, VA 23240
Ph 804/698-4344
Fx 804/698-4277
skbaxter@deq.state.va us
West Virginia DEP-OWR
Leroy Gilbert
HC 61 Box 384
Danese, WV 25831
Ph 304/484-6269
Fx 304/558-2780
llgilbert@hotmail comRegion 4
US EPA Region 4
Dan Ahern
61 Forsyth St SW
Atlanta, GA 30303
Ph 404/562-9028
Fx 404/562-9066
ahem.dan@epa gov
Alabama DEM - P2 Unit
Gary Ellis
PO Box 301463
Montgomery, AL 36130
Ph: 334/213-4303
Florida DEP - P2 Program
Julie Abcarian
2600 Blair Stone Road
Tallahassee. FL 32399
Ph. 850/488-0300
Fx 850/921-8061
julie abcanan@dep state fl us
Georgia DNR- P2AD
Jancle Hatcher
7 MLK Jr. Dr Suite 450
Atlanta. GA 30334
Ph- 404/651-5120
Fx 404/651-5130
p2ad@/x nercom com
Kentucky DEP
Vicki Pettus
14ReillyRoad
Frankfort, KY 40601
Ph. 502/564-6716
Kentucky P2 Center
Cam Metcalf
420 Lutz Hall
Louisville, KY 40292
Ph 502/852-0965
Fx. 502/852-0964
jcmetc01@gwise lowsville eud
Mississippi DEQ
Thomas E Whitten
PO Box 10385
Jackson, MS 39289
Ph 601/961-5241
Fx 601/961-5349
North Carolina DEHNR
Gary Hunt
PO Box 29569
Raleigh, NC 27626
Ph 919/715-6500
Fx 919/715-6794
gary_hunt@owr ehnr state.nc us
South Carolina DHEC
Robert Burgess
2600 Bull St
Columbia, SC 29208
Ph- 803/898-3971
burgesre&columbSO dhec state.sc us
Tennessee DEC
Angie Pitcock
401 Church St
Nashville, TN 37243
Ph 615/532-0760
Region 5
US EPA Region 5
Phil Kaplan
77 West Jackson Blvd
Chicago, IL 60604
Ph 312/353-4669
Fx 312/353-4788
(tap/an phil@epa gov
Illinois EPA
Kevin Greene
1021 N Grand Ave. East
Springfield, IL 62794-9276
Ph 217/785-0833
Fx 217/557-2125
epaB603@epa state il us
Illinois Waste Mgt and Research Center
Tim Lmdsey
One East Hazelwood Dr
Champaign, IL 61820
Ph 217/333-8955
Fx. 217/333-8944
tlmdsey@wmrc uiuc edu
Indiana DEM
John Chavez
100 N Senate Ave PO6015
Indianapolis, IN 46206
Ph 317/233-6658
Fx 317/233-5627
jchavez@dem state in us
Clean Manufacturing Tech & Safe
Materials Institute
Alice Smith
2655YeagerRd Suite 103
West Lafayette, IN 47906
Ph- 765/463-4749
Fx 765/463-3795
a//ce@ce-ecn purdue.edu
Michigan DEQ
Marcia Horan
PO Box 30473
Lansing, Ml 48909
Ph. 517/373-9122
Fx 517/335-4729
rioranm@sfa(e mi us
Minnesota (MN TAP)
Cindy McComas
13135thStSWSuite207
Minneapolis, MN 55414
Ph 612/627-4556
Fx 612/627-4769
mccom003@/c umn edu
MN Pollution Control
Agency
Cindy Hilmoe
520 Lafayette Road North
St Paul, MN 55155
Ph. 651/296-7783
Fx. 651/297-8676
cynthia Mmoe@pca slate mn us
MN Office of Environmental Assistance
Phillip Muessig
520 Lafayette Road North
St Paul, MN 55155
Ph. 651/215-0204
Fx. 651/215-0246
Phillip muessig@moea state mn us
MN Technology Inc.
Kevin O'Donnell
111 3rd Ave South
Minneapolis, MN 55401
Ph. 612/672-3446
Fx 612/497-8475
kodonnell@mait mntech org
Ohio EPA
Michael Kelley
P.O. Box 1049
Columbus, OH 43216-1049
Ph 614/644-3469
Fx. 614/728-2807
michael kelley@epa.state.oh us
University of Wisconsin
Rick Grate
610 Langdon St, Rm530
Madison, Wl 53703
Ph 608/265-3055
Fx- 608/262-6250
grote@wmep org
Natl. Farmstead Program
Liz Nevers
B142Steenbock Library
Madison Wl 53706
Ph 608/265-2774
Fx, 608/265-2775
enevers@facstaff wisc.edu
Wisconsin DNR
Lynn Persson
PO Box 7921
Madison, Wl 53707
Ph 608/267-3763S
Fx 608/267-0496
Region 6
US EPA Region 6
Joy Campbell
1455 Ross Ave Suite 1200
Dallas, TX 75202
Ph 214/665-0836
Fx. 214/665-7446
Campbell joy@epa gov
59
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State Pollution Prevention Technical Assistance Programs
Arkansas IDC
Alford Drmkwater
One Capitol Mall
Little Rock, AR 72201
Ph 501/682-7325
Fx 501/682-2703
adnnkwater@aedc/state ar us
Louisiana OEQ
Gary Johnson
PO Box 82263
Baton Rouge, LA 70884
Ph 504/765-0739
Fx 504/765-0742
garyj@deq state.la us
Louisiana TAP
University of New Orleans
New Orleans, LA
Ph 504/286-6305
Fx 504/286-5586
New Mexico ED
Patricia Gallagher
1190 St Francis Dr
Santa Fe, NM 87502
Ph 505*27-0677
Fx 505/827-2846
pat_gallagher@nmenv state nm us
Oklahoma OEQ
Dianne Wilkms
707 N Robinson PO Box 1677
Oklahoma City, OK 73101
Ph 405/702-6116
Fx 405/702-6100
dianne wilkms@deqmail state ok us
Texas NRCC
Kathey Ferland
POBox 13087-MC112
Austin, TX 78711
Ph 512/239-3177
Fx 512/239-3165
kferlandQtnrcc state tx us
Gulf Coast Hazardous Substance
Research
Margaret Aycock
PO Box 10671
Beaumont, TX 77710
Ph 409/880-8897
Fx 409/880-1837
aycock@ALMARK lamar edu
TX Manuf. Assistance Center
Conrad Soltero
Univ of TX-EI Paso
500 W University , Surges
El Paso, TX 75202
Ph 915/747-5930
Fx 915/747-5437
conrad@utep edu
Lower Colorado River Authority
Mark Johnson
PO Box 220
Austin, TX 78703
Ph 512/473-3200
Fx 512/473-3579
mark johnson@lcra org
Region 7
US EPA Region 7
Chet McLaughlm
901 N 5" St (ARTD/TSPP)
Kansas City, KS 66101
Ph 913/551-7517
Fx 913/551-7065
Mclaughlin chil
Iowa DNR
JeffFiagle
502 E 9th St
DesMomes, IA 50319
Ph 515/281-5353
Fx 515/281-8895
jfiag/eQmax state la us
Iowa Waste Reduction Center
Christine Twait
1005 Technology Parkway
Cedar Fall, IA50613
Ph 319/273-8905
Fax. 319/268-3733
twait@uni edu
IOWA DED
Linda King
Small Business Liaison
Ph 515/242-4761
Fx: 515-242-6338
Kansas DHE
Janet Neff
Bldg 283 , Forbes Field
Topeka, KS 66620
Ph 785/296-0669
Fx. 785/296-3266
jneff@kdhe state ks us
KSU - P2 Institute
Sherry Davis
133 Ward Hall
Manhattan, KS 66506
Ph- 785/532-6501
Fx 785/532-6952
sbd@ ksa edu
Missouri DNR - TAP
David Goggms
POBox 176
Jefferson City, MO 65102
Ph 573/526-6627
Fx: 573/526-5808
nrgoggd@mail state mo us
NE Business Development Center
Rick Yoder
1135 MSt, Suite 200
Lincoln, NE 68508
Ph 402/472-1183
Fx 402/472-3363
ryoder@unQrrtaha.edu
Nebraska DEQ, P2 Office
Ben Hammerschmidt
PO Box 98922
Lincoln, NE 68509
Ph 402/471-6988
Fx 402/471-2909
deq2l9Qmail deq state ne us
MAMTC
Anne Brown
801 Campus Dr
Garden City, KS 67846
Ph. 316/276-9505
Fx 316/276-9523
abrown@midusa net
Region 8
US EPA Region 8
Linda Walters
999 18th St, Suite 500
Denver, CO 80202
Ph 303/312-6385
Fx-303/312-6741
waiters linda@epa gov
Colorado DHE
Parry Burnap (OE-B2-PPU)
4300 Cherry Creek Dr
Denver, CO 80222
Ph 303/692-2975
Fx 303/782-4969
parry bumap@state co us
Montana P2 Program
Michael P Vogel
109 Taylor Hall
POBox 173580
Bozeman, MT59717
Ph. 406/994-3451
Fx. 406/994-5417
mvogel@montana edu
North Dakota Dept of Health
Jeffrey L Burgess
PO Box 5520
Bismarck, NO 58506-5520
Ph 701/328-5150
Fx 701/328-5200
jburgess@state nd us
South Dakota DENR
Dennis Clarke
523 E Capitol
Pierre, SD 57501-3181
Ph. 605/773-4254
Fx 605/773-4068
Utah DEQ
Sonja Wallace
168N 1950 West
Salt Lake City, UT84114
Ph 801/536-4477
Fx 801/536-0061
swallace deq state ut us
Wyoming DEQ
Stephen Roseberry
122 West 25th
Cheyenne, WY 82002
Ph 307/777-6105
Fx 307/777-3610
sroset>@state wy us
Region 9
US EPA Region 9
Eileen Sheehan
75 Hawthorn St (WST-1-1)
San Francisco, CA 94105
Ph 415/744-2190
Fx 415/744-1680
sheehan eileen@epa gov
Arizona DEQ
Sandra Eberhardt
3033 North Central Ave
Phoenix, AZ 85012
Ph 602/207-7410
Fx 602/207-4538
eberhardt sandra@ev state az us
CA Integrated Waste Management Board
Bill Orr
8800 Cal Center Dr
Sacramento, CA 95826
Ph 916/255-2490
Fx 916/255-4580
borr@ciwmb ca gov
California Energy Commission
David Jones
1519 9th St
Sacramento, CA 95814
Ph- 916/654-4554
CA Toxic Substance Control
Kathy Berwick
PO Box 806
Sacramento, CA 95812
Ph. 916/323-9560
Fx. 916/327-4494
UCLA P2 Center
Billy Romam
Ph. 310/825-2654
Fx. 310/206-3906
Hawaii Department of Health
Marlyri Aguilar
919 Ala Moana Blvd. Rm 212
Honolulu, HI 96814
Ph. 808/586-7496
Fx. 808/586-7509
maguilar@eha.health.state hi.us
P2 Information Center for Islands
Jacquelm Miller
University of Hawaii Environment Center
Crawford Hall, Rm317
2550 Campus Rd
Honolulu, HI 96822
Ph 808/956-7361
Fx 808/956-3980
jackiem@hawan edu
Nevada Small Business Development
Center
Kevin Dick
6100 Neil Rd. Suite 400
Reno, NV 89511
Ph. 775/689-6677
Fx: 775/689-6689
dick@unr edu
Western Regional Pollution Prevention
Network
Isao Kobashi
1735 N First St, Suite 275
San Jose, CA 95112
Ph 408/442-1195
Fx 408/441-0364
isao tobasj'o@p/n co santa-c/ara.ca us
Region 10
US EPA Region 10
Carolyn Gangmark
1200 Sixth Ave (01-085)
Seattle, WA 98101
Ph 206/553-4072
Fx 206/553-8338
gangmark carolyn@epa gov
Alaska DEC
Marianne See
555 Cordova St
Anchorage, AK 99501
Ph 907/269-7586
Fx 907/269-7600
msee@envircon state ak us
Idaho DEQ
Katie Sewell
450 West State St
Boise, ID 83720
Ph- 208/373-0465
Fx 208/373-0169
ksewell@deq state id us
Oregon DEQ
Marianne Fitzgerald
811 SW Sixth St
Portland, OR 97204
Ph 503/229-5946
Fx 503/229-5850
fitzgera/d.marianne@deq.state or us
Washington DEC
Lynn Helbrecht
PO Box 47600
Olympia, WA 98504
Ph 360/407-6760
Fx. 360/407-6715
Ihel481@ecy wa gov
Pacific Northwest P2 Resource Center
Madeline Sten
513 1st Ave W
Seattle, WA 98119
Ph- 206-352-2050
Fx 206-352-2049
msten@pprc org
Washington State University
Carol Reisenberg
501 Johnson Tower
Pullman, WA 99164
Ph 509/335-1576
Fx 509/335-0949
andersol/Qwsuvml esc wsu edu
This list is updated and maintained on the EPA P2 Home Page at www.epa.gov/p2
60
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Office of Small and Disadvantaged Business Utilization
The Office of Small and Disadvantaged Business Utilization (OSDBU), under the supervision of the
Director, is responsible for developing policy and procedures implementing the functions and duties
under sections 8 and 15 of the Small Business Act as amended by Public Law (P.L) 95-507 (October
24, 1978) and P.L. 100-656 8(a) Reform Act. The Office develops policies and procedures
implementing the provisions of Executive Orders 11625, 12432 and 12138 and is responsible for
developing policies and procedures for implementing the requirements of Section 1 05(f) of P.L. 99-499
and Section 1 29 of P.L. 1 00-590. Additionally, OSDBU establishes policy, guidance and assistance to
small and disadvantaged businesses in rural areas and other socioeconomic groups. The Office
furnishes information and assistance to the Agency's filed offices for carrying out related activities, and
represents EPA at hearings, interagency meetings, conferences and other appropriate forums on
matters related to the advancement of business enterprises.
Direct Procurement Program
DESCRIPTION
The Office develops, in collaboration with the Director of the Office of Acquisition Management, Office
of Administration and Resources Management, Office of Administration and Resources Management,
and EPA senior-level officials, programs to stimulate and improve the involvement of small business,
minority business, labor surplus areas and women-owned business enterprises in the overall EPA
procurement process. OSDBU monitors and evaluates Agency performance in achieving EPA goals
and objectives in the above areas, and recommends the assignment of EPA Small Business
Representatives to assist designated Procurement Center Representatives of the Small Business
Administration to carry out their duties pursuant to applicable socioeconomic laws and mandates.
ACTIVITIES
* Develops policy and procurements impacting socioeconomic businesses
* Establish and monitor direct procurement goals for:
ซ* Small Business
ซ 8(a) Business
ซ Small Disadvantaged Business
ซ3r Women-Owned Business
its' HUBZones
ซ Subcontracting
ซ Service Disabled Veterans
* Compile, collect and assemble statistical data on socioeconomic programs
* Mentor-Protege Program
* Subcontracting Reviews and Approvals
* Outreach Efforts (Economic Development Programs for Selected Urban Centers
* Education Training Program (Co-sponsorships with Workshops, Seminars and Trade Fairs)
Provides technical and management assistance to small, disadvantaged business enterprises
and women-owned entities, Alaskan Indian/ American Natives and HBCUs
* Liaison with Trade Associations, Business Organizations, and Federal Agencies, including:
Small Business Administration, Minority Business Development Agency of Department of
Commerce, Office of Federal Procurement Policy, OMB, Congress, General Services
Administration, on Socioeconomic matters
The Office of Small and Disadvantaged Business Utilization (OSDBU) has a OUTREACH CENTER for small, minority and women-owned
firms to come in and use our facilities to surf the Internet for business opportunities. Our Center is set up in a private room with a
computer, printer and informational packages that will be very informative in your journey in looking for opportunities on how to do
business with EPA. You can have one-on-one counseling session with a experienced Small Business Outreach Technical Support
person who can assist you. Hours of operations are 9:00 am until 4:00 pm, you can call for an appointment at (202) 564-4584.
61
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Assistance to Minority and Women-Owned Business Program
Under Agency Financial Assistance Programs
(Grants and Cooperative Agreements)
DESCRIPTION
The Office is responsible for assuring that small, minority, women-owned and labor surplus are firms are given the
opportunity to receive a "fair share" of subagreements during the procurement phase of certain types of financial
assistance awarded by the Agency. OSDBU develops policies and procedures to aid these business entities with the
assistance of the Grants Administration Division, Office of Administration and the Grants, Contracts and General Law
Division, Office of General Counsel. Additionally, OSDBU is responsible for the collection of data and for monitoring
the effectiveness of the program and serves as the principal focal point between EPA and the Minority Business
Development Agency of the U.S. Department of Commerce.
ACTIVITIES
* Develops and monitors policy and procedures
* Regions establish "Fair Share" objectives with recipients of financial assistance
+ Recipients report to delegated States or to Regional Offices
* EPA reports data to the Cabinet Council for Commerce and Trade through the Minority Business Development
Agency
* Provides technical and management assistance to minority and women-owned businesses
* Provides Regional technical, management assistance and support
* Compile, collect, analyze and assemble data on DBEs, HBCUs and lAGs
* Provides reports on financial assistance program to various entities, including Congress
MBE/WBE COORDINATORS
REGION
COORDINATOR
STATES
TELEPHONE
IV
V
VI
VII
VIII
IX
X
Cincinnati
Headquarters
Sharon Molden
Otto Salamon
Romona McQueen
Matt Robbins
Rafael Santamaria
Robert Richardson
Debora Bradford
Anthony LaMaster
Maurice Velasquez
Joe Ochab
Michael Letourneau
Norman White
Lupe Saldana
CT, ME, Rl, MA, NH, VT
NJ, NY, PR, VI
DE, DC, MD, PA, VA, WV
AL, FL, GA, KY, MS, NC, SC, TN
IL, IN, Ml, MN, OH, Wl
AR, LA, NM, OK, TX
IA, KS, MO, NE
CO, MT, ND, SD, UT, WY
AZ, CA, HI, NV, AS, GU
AK, ID, OR, WA
(617)918-1062
(212)637-3417
(215)814-5155
(404) 562-8371
(404)562-8110
(312)353-5677
(214)665-7406
(913)551-7228
(303)312-6862
(415)744-1628
(206)553-1687
(513)487-2024
(202) 564-5353
Jeanette Brown
David Sutton
Mark Gordon
Elaine Rice
Mryna Mooney
Elnora Thompson
Director
Deputy Director
Attorney Advisor
National Training Officer
Soc. Bus. Prog. Ofr./Tribal
Clerk-Typist
OSDBU STAFF
(202)564-4100
(202)564-4100
(202) 260-8886
(202) 564-4141
(202) 564-4386
(202) 260-3871
Trina Porter
Denean Jones
Tammy Thomas
Thelma Harvey
Theresa Stewart
Soc. Bus. Program Officer
Info. Mgmt. Specialist
Program Specialist
SEE Employee
SEE Employee
(202) 564-4322
(202) 564-4142
(202) 564-4298
(202)564-4138
(202) 564-2314
OSDBU has a site on the Internet of general information and publications for small businesses interested in doing with
EPA. Our WEB address is: http://www.epa.gov/OSDBU
62
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REQUEST FOR PUBLICATIONS
Small Business Division (SBD)
WINTER 2001
EPA USE ONLY
INQ. NO.: DATE:
Inquiry Source: [Hotline: Phone
[Add: Init: Date: ]
Small Business Asbestos
Machine
[Change:
FILLED BY:
] Fax:
Init: Date:
DATE FILLED:
U.S. Mail: Other
] [Delete: Init:
Date: ]
NAME:
TELE. NO.: (
Organization:
Address:
City:
Date:
State:
Zip:
IF YOU ARE NOT ALREADY RECEIVING THE BI-ANNUAL EDITIONS OF THE "UPDATE" NEWSLETTER AND WISH TO DO SO,
PLEASE COMPLETE THIS SECTION (To receive bi-annual "Updates" and related mailings.}: Yes: No:
INDUSTRY:
Consultant
linaicate, or urcie Below)
Laboratory
Attorney
Engineer
Educational
Environmental
PUBLICATIONS REQUESTED
No. Employees
State Govt.
County Govt.
City Govt.
1-99
100-499
Association
Individual
EPA Hq.:
500-Up
EPA Region:
Congressional
Other Fed.:
(Circle the Corresponding Alpha-Numeric Codes below):
Alpha-numeric codes refer to publications described in "Information For Small Business," available from OSBO
A- 1
A- 2
A- 3
A- 4
A- 5
A- 6
A- 7
A- 8
A- 9
A-10
A-11
A-12
A-13
A-15
A-16
A- 17
B- 1
B-2
B- 3
B- 4
B- 5
B- 6
B- 7
B- 8
B-10
B-11
B-12
B-13
B-14
B-15
B-16
B-17
B-18
C- 1
C-2
C-8
C- 9
C-11
C-12
C-13
C-14
C-15
C-16
C-17
C-18
C-19
C-20
C-21
C-22
C-24
C-25
C-26
C-27
C-28
C-29
C-30
C-31
C-32
C-33
C-34
C-35
C-36
C-10
C-38
C-39
C-41
C-42
C-43
C-44
C-45
C-47
C-50
C-51
C-52
C-53
C-54
C-56
C-57
C-58
C-60
C-61
C-62
C-63
C-64
C-65
C-37
C-67
C-68
C-69
C-70
C-71
C-73
C-75
C-76
C-77
C-78
C-79
C-80
C-81
C-82
C-83
C-84
C-85
C-87
C-88
C-89
C-66
C-91
C-92
C-93
C-94
C-95
D- 1
D- 2
D-3
D-4
D-5
D-6
D-7
D-8
D-9
D-12
D-13
D-14
D-15
D-16
D-17
C-90
D-18
D-19
E- 1
E- 2
E-3
E-4
E- 5
E-6
E- 7
E-8
E-9
E-10
E-11
E-12
E-13
E-14
E-15
E-19
E-20
E-21
E-22
E-23
E-24
E-25
E-26
E-27
E-28
E-29
E-30
E-31
E-32
E-33
E-34
E-35
E-40
E-41
E-42
E-43
E-44
E-45
E-46
E-47
E-48
E-49
E-50
E-51
E-53
E-54
E-55
E-56
E-57
F- 1
F-2
F- 3
F-4
F-5
F-6
F-7
F- 9
F-10
F-11
F-12
F-14
F-15
F-16
F-17
G- 1
G- 2
G-3
G-4
G-5
G-6
G-7
G-9
G-10
G-11
G-12
G-13
G-14
H- 1
H-2
H-3
H-4
H- 5
H-6
H-7
H-8
H-9
H-10
H-11
I- 1
I- 2
I- 3
I- 4
I- 5
I- 6
I- 7
-8
-9
-10
-11
-12
-13
-14
-15
-16
-17
-18
-19
-20
-21
-22
-23
-24
-25
-26
-27
-28
-29
I-30
1-31
-35
-36
-37
-38
-40
-41
-42
-43
-44
-45
I-46
I-47
J- 1
J- 2
J-3
J-4
J-6
J-8
J-9
J-10
J-11
J-12
J-13
K- 1
K-2
K-3
K-4
K- 5
K-6
K-8
K-9
K-10
K-11
K-12
K-13
K-14
K-15
K-16
K-19
K-20
K-21
K-22
upon request.
K-23
K-24
K-25
K-28
K-29
K-30
K-31
K-32
K-33
K-34
K-35
K-36
K-37
K-38
K-39
K-40
K-41
k-42
K-43
K-44
K-45
K-46
K-47
K-48
K-49
K-50
K-51
K-52
K-53
K-54
K-55
K-56
K-57
K-58
K-59
K-60
K-61
K-62
K-63
K-64
K-65
Mail to:
Karen V. Brown, Small Business Ombudsman
US Environmental Protection Agency
Ariel Rios Building, 1200 Pennsylvania Ave, NW (1808)
Washington, D.C. 20460
Remarks/Other Materials Requested:
Or Telephone:
Toll Free Hotline: (800) 368-5888
In the D.C. area, (202) 260-1211,
or Telefax (202) 401-2302
asbestos.ombudsman@epa.gov
smallbiz.ombudsman@epa.gov
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