United States Environmental Protection Agency
                                         Washington, DC 20460
Home Page
SUBJECT:    Update on Recent Small Business
             Activities at the U.S. EPA

FROM:       Karen V. Brown, Director
             Small Business Division
             Small Business Ombudsman

TO:          Persons Interested in Small Business
             Environmental Issues

DATE:       January, 2002


Delane Anderson, Program Analyst
Dan Eddinger, Program Analyst
Angela Suber, Program Analyst


Howard Boddie, Computer/Publications Specialist
William Crosswhite, Economist
Asbestos, Pesticides, and Agriculture
James E. Malcolm, P.E., Chemical Engineer
Toxic Substances and Hazardous Materials
Thomas J. Nakley, Civil Engineer
The Clean Water and Safe Drinking Water Act
Larry 0. Tessier, P.E., Civil Engineer
Asbestos, Radon, and Lead/Paint

SBO/SBAP Natl. Conf.
SBD New Initiatives
2000 Annual Report
Ten Innovative Projects
State Success Stories
Small Biz Env Home Page
EPA Websites and Hotlines
SBA Regional Contacts
Clean Air Act (CAA)
Clean Water ACT (CWA)
Hazardous Waste (RCRA)
Supcrlund (CCRCLA)
Right-to-Know (EPCRA)
Toxic Chemicals (TSCA)
Public Involvement Policy
Improving EPA Regs


Six Key Aspects/SBREFA
SBA Fairness Boards
Update on Environ. Info
Chemical Accident Prev
Alt. Dispute Resolution
Design for Environment
Audit Protocols
Compliance Asst. Improve
Compliance Asst. Centers
State Small Bus. Assl Prog.
State Small Bus. Contacts
P2 Program Contacts
Procurement Contacts
Order Form
                                                                               Toll Free Hotline
                                                        PREPARING FOR THE UNEXPECTED!

                                                      .  Among many impacts, the tragic events of September 11
                                                     have changed our perspective about environmental
                                                     management. For example, we have become more aware of
                                                     the need to handle hazardous materials that could be accessed
                                                     by those who would use them to carry out additional violent
                                                     acts. This sense of vulnerability is perhaps more acute for
                                                     small businesses because they generally have fewer protection
                                                     resources and options.
                                                        What can EPA do? Quite a bit, I believe. Many of us
                                                     remember another past tragedy in Bhopal, India where more
                                                     than 2000 died.  This catastrophe became impetus for passage
                                                     of the Emergency Planning and Community Right to Know
                                                     Act (EPCRA) and in the same spirit Section 112(r) of the
                                                     Clean Air Act, both of which have allowed EPA to increase
                                                     chemical safety and environmental protection.
                                                        The Small Business Division is looking at some new
                                                     approaches to address this concern including the development
                                                     of an emergency planning guide for small business. If you
                                                     can think of something else we can do, now is the time to let
                                                     us know.

                                                       Best Wishes to all for a Successful New Year!

                                                                      Karen V. Brown
                                                        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.

Jiine  30 -July 3,2002
     The Westin Michigan Avenue
     909 North Michigan Avenue
        Chicago, Illinois 60611
      2002 SBO/SBAP National


 Plan now to join us in Chicago from June

30 - July 3, 2002 for the best conference to


The 2002 National SBO/SBAP Conference will provide training and
interactive opportunities for all those who attend. • While including
basic  SBO/SBAP  information, updates from  the US  EPA, and
discussion about the future of the programs, the  conference will also
offer professional development opportunities as  well as outstanding
networking events.  This year's conference offers  something for
everyone! Highlights include:

       •   Compliance Advisory Panel (CAP) Training - Learn
   the in's and out's of a successful CAP and be sure not to miss the
   networking session the evening of June 29th for CAP Members.
       •   New Comer Orientation - An introduction to the
   Program basics as well as meet other newcomers and some
   seasoned Program veterans.
       •   Technical Track - Love calculating emissions...? This
   track is for you!
       •   Advanced Program Development Track - Do you
   involve your local legislators as much as you could? Hear about
   what SBA programs can be useful to fund environ-mental
   projects and much more.
       •   Professional Development Track - Need some tips on
   improving your public speaking skills or how to talk so people
   will listen? You won't want to miss these sessions!
       •   Working Sessions - Interactive sessions which address
   issues currently facing the SBO's/SBAP's and identify solutions
   to be implemented by the group.
       •   Updates from the US EPA - Hear the latest in rule
   development, rule changes, and rule progress from the people
   that write them!
       •   And much more!

Attendees are encouraged to stay the evening of July 3 for the
fireworks over Lake Michigan and participate in the Taste of
Chicago which coincides with the Annual Conference!

For  more information visit the conference web
             site at:  {HYPERLINK
      "" }

or contact Roslyn Jackson at (217)524-0169 or via e-mail at: {

        For more information about the hotel, go to:
   { HYPERLINK ""}
                                                                     Smug Smill liulinitt nd tta Imfwmtt

             Update on Environmental Management Initiatives
                        for Small Business Division (SBD)

     In the last issue of the Update, SBD presented some important EPA projects centered on assisting
 small businesses with environmental management systems (EMS) and also on compliance assistance.
 This article provides a progress update on those and other projects that are very active during the first half

 Practical Guide to Environmental Management for Small Business (Guide)

     The draft Guide consists of input from individuals from EPA, state programs, trade associations, and
 small business contacts.  It currently is being reviewed and will be used as a background document in
 February for a pilot training course for small business assistance providers.  The final Guide will be
 published and distributed this spring after incorporating comments received at the pilot training.

     The Guide is written in plain, straightforward language, free of jargon,  so that readers can benefit
 whether or not they know about environmental regulations or good practices of environmental
 management. While not detailed in itself, it points to resources that are freely available and encourages
 interaction  between small business representatives and small business assistance providers.  Each Guide
 section offers stand-alone recommendations that the small business person can use to immediately
 improve environmental compliance and performance.  As the reader works progressively through the
 Guide, these recommendations come together to  form the backbone of an EMS.

 Practical Environmental Management Training Course for Environmental Assistance Providers

     The Guide is designed to go hand-in-hand with a train-the-trainer course. The purpose  of the course
 is to give environmental assistance providers (states, associations, non-profit groups, and consultants)
 training and communication tools that  they can use to introduce the Guide to their client small businesses.
 The course will be piloted during the first week in March, when a selected panel of course attendees will
 have the opportunity to offer critique and feedback, after which both the course and the Guide will  be
 refined. During the following four months, the course will be conducted in five locations nationally,
 geographically positioned to provide a broad range of coverage. SBD is currently working with a number
 of host states to schedule the training courses.  SBD will also provide highlights from the training course
 at the 2002 SBO/SBAP National Conference in Chicago.

 Generic Environmental Management Plan for Small Business (Generic EMP)

    A Generic EMP for small business also will be published during the first half of 2002.  The Generic
 EMP will be a "fill in the blank" style document of about 30 pages including instructions and tie into the
Guide. The Generic EMP is being developed for use by all EMS assistance providers, whether they are
states, associations, non-profit groups,  or consultants. Its intended use is as a starting point to provide
EMS assistance to all small business types and will be adaptable to the needs of specific small business

    To facilitate use of the Generic EMP, it will  be adopted to two small business sectors. The sector
adaptations will be appended as examples to the Generic EMP.  Example sectors being considered for
adaptation include bio-technology and  furniture refinishing. Each sector adaptation will be approximately
20 pages.

Best Environmental Management Practices (BEMPs)

     Although substantial environmental improvements have been made through regulatory actions, EPA
recognizes that today many sectors are willingly adopting environmental practices even though they are
not required.  These become BEMPs that are both good for business and good for the environment. To
help businesses take advantage of these BEMPs, the SBD presently is researching and compiling a
compendium for a number of small business sectors. The first part of the compendium will provide an
overview of BEMPs with practical examples of how some businesses have benefited from implementing
them. The other part will consist of individual two to four page fact sheets for up to ten business sectors.
The fact sheets will also be posted on the Small Business Web page as they become available. Depending
on feedback received from small business compliances assistance providers and small businesses,
additional BEMP fact sheets will be produced for other sectors.
                SBD Finds Opportunities to Promote Its Programs

    SBD is always looking for opportunities to promote its programs, both inside and outside of EPA.
During the next six months, SBD will implement a number of activities under its promotion and outreach
program aimed at addressing the unique environmental needs of the nation's small business community.

    SBD recently submitted articles for publication by the North American Die Casting Association and
the Air and Waste Management Association. The articles focused on SBD's efforts to:
    (1) serve as a liaison between small business and EPA;
    (2) provide practical compliance assistance to its customers;
    (3) provide focused information, relevant education, and timely outreach;
    (4) seek innovative management approaches to nontraditional issues; and
    (5) serve as a "gateway" for small business communication.

    The articles also highlighted SBD's current initiatives related to Environmental Management
Systems.  The SBD approach to promoting EMS among small businesses centers on developing generic
information tools that can be customized for specific small businesses or types and working with strategic
partners to perform the customization and get the information and tools into the hands of small business
management. One of the articles has already been published in the October 2001 issue of Links, the Die
Casting association's magazine.

    In another opportunity, SBD delivered a presentation at the International Perspectives Symposium of
the Labs21 2001 Conference, sponsored by EPA and the U.S. Department of Energy.  Labs21 is a
voluntary program dedicated to improving the environmental performance of U.S. laboratories.  Labs21 is
designed to improve laboratory energy and water efficiency, encourage the use of renewable energy
sources, and promote  environmental stewardship. SBD's presentation introduced participants to its
highly acclaimed publication, Environmental Management Guide for Small Laboratories.  In the
presentation, SBD focused on Environmental Management System concepts applicable in the laboratory,
and highlighted sound environmental practices applicable to any laboratory operation, whether within or
outside of the U.S. By making this presentation to an international audience, SBD was able to heighten
its visibility and increase awareness of the Guide and other SBD resources.  The Guide is available at the
SBD website or by calling the EPA Small Business Hotline 1-800-368-5888.

Serving Smalt Businesses and the Environment

• Free technical and compliance assistance
 delivered by a nonregulatory program
• Programs operate in 50 states, 2 territories
 and the District of Columbia
• Each program is designed to meet the
 specific needs of local small businesses
• Established by Congress and implemented
 through the Clean Air Act Amendments of
• Support and coordination provided by the
 US EPA's Small Business Ombudsman in
 Washington, DC. and the Air Office in
 Research Triangle Park, NC


• Programs receive no federal funding
• Supported by state air permit fees
• Budgets range from SO to $2 million
• Average program budget: $145,000
• Staffing ranges from 1 person to 40
• Average staffing is 2.5 full-time employees
                              2000  Annual
                                   Report  Summary
                How ARE WE DOING?
                                      We've helped over 3,000,000 small businesses in
                                        the last five years with environmental issues,
                                          through on-site visits, hotline calls,
                                      ^    workshops, general information requests,
                                      ML     and specific technical assistance.
                                                 Program staff are on the phone and on
                                              n    the road to help small businesses
                                                     understand the Clean Air Act
                                               ^*-      requirements and how to
                                                          implement them. Staff also
                                                            protect small business
                                                        <^     interests in the rule
                                                        ^     making process.
                           In 1995, we helped 75,000 businesses
                           In 2000, we helped 850,000 businesses,
                           an increase of 1,100%
                                WHO DID WE  HELP?

















                                                I Total States
                                                 Total Businesses
                                                              Assistance Provided By Type
| Hit, (1,245,921)

I Taloconfor.nces (1,281)

 Mailing (176,192)

I Otnซw (247,747)
                                                                            HI Hotline (52,985)

                                                                            CH Vi.its (9,586)

                                                                            O Sซmir.ars/Work,hop, (30,118)

                                                                            H Publications (1,455,452)

                                          EVERY PROGRAM A PARTNERSHIP

                                            Each program is comprised of three parts:

                                                   * A technical assistance component to provide the detailed
                                                     help that small businesses need       ,       '

                                                         • An ombudsman to advocate on behalf of small
PROGRAMS HELPING PROGRAMS                    businesses within the regulatory environment

Through many different mechanisms and efforts, Small                . A Compliance Assistance Panel made Up of
Business Assistance Programs share their various experience             sman business owners and representatives
and resources to assist businesses all around the country at very             to consult and advise on program content
little cost.
onnn Uir-UI ll-UrC-                                            Locally and nationally, programs build
2000 HIGHLIGHTS.                                              working partnerships  to Include:

                                                                             • Trade Associations

   Shared Resources 	            * Pollution Prevention
   One  state developed  a  Dry Cleaners' Compliance Calendar that  explained            Programs
   environmental regulations, simplified reporting requirements and provided a record
   keeping mechanism—all done in an easy-to-understand  format. In cooperation with            • Small Business
   the state's trade association, the calendar was widely distributed within the industry, and            Development
   has now become a vital compliance assistance tool across the country. Many states have             Centers
   adapted the  original material to meet local requirements and are using it with their  dry
   cleaners. No one had to reinvent this wheel!                                                        * Other State
                                                                                                 and local
   Communication and Coordination	      •      agenClCS
   Every national program faces the challenge of interweaving federal and state program delivery. The
   Small  Business Assistance Programs  responded to this challenge by crafting a  National Steering
   Committee to serve as a hub for  communication" and program advocacy. Each region of the country selects
   a representative and an alternate  to serve on the Committee with their peers and representatives from the US
   EPA. To facilitate communication, the  Steering Committee holds  monthly conference calls and utilizes email
   distribution lists, listservs and small business websites. In 2000, Steering Committee subcommittees planned the
   annual training conference, prepared promotional materials and explored issues critical to the program's success. This
   work is supported by the US EPA Small Business Ombudsman and relies heavily on the commitment of state program
   staff time above and beyond regular duties.

   Training,and  Networking —'• .    —i	 .	•—•—.—•	:	.-'.ซ	;,..  • —.--.. '•• ป•—'       ——-—•. ซ.
   Every year, the national  network of Small Business Assistance Programs comes together to learn from small businesses,
   technical experts, trade association r^resentatives and e%h other. The confirmee content inclute;a range of Issues and topics:
   totest replatoSry/ypdates ftpjEnlte Dง-1BA*,coin^ปioati%'strategies-%programs vH|h limited budgets, delated review of
   specific regBlitions and liow they iApact |>ftcmtiai: lectors, strategies for cooperation with otfer assistance  providers, web site
   design, and basic overviews for new staff. Additionally, similar meetings are held throughout the ten regional areas for localized
   emphasis. In 2000,47 states were represented at the annual conference held in Missoula, Montana.       -

       Find out  what is going on with your state's Small  Business Assistance Program toy visiting
                or calling 1-800-368-5888'.

   Managing Small Business Environmental Assistance Programs for Results Report

                         On Ten State Demonstration Projects (1999 -2001)

                                                 October 31, 2001

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.

As of October 2001 all ten are still operating and all have had significant experience with the approaches proposed in their applications. On
October 31, 2001 a report was published summarizing the results of two years' experience with the demonstration efforts.  Part I summarizes
the findings from the two years of experience. Part II summaries the experience of the each of the ten projects. Full project case studies, as of
October 31, 2001, are provided in the Appendix.

The four most important findings from the ten state demonstration projects are:

         •   The public sector can invest in low cost campaigns that, over a two to four year period, systematically move all small
             businesses in an industry sector to compliance with environmental regulation.

         •   The public sector can invest in low cost campaigns that, over a two to four year period, systematically move most small
             businesses in an industry sector from using polluting equipment to "clean technologies.

         •   The public sector can invest in compliance assistance programs that enroll public and private sector organizations in a
             statewide, highly leveraged network of partners to reach and assist most small businesses covered by environmental

         •   State governments have access to a national "knowledge management network" that dramatically reduces the state's
             development, start up, and operating costs for any compliance goal it sets as a target.

The Small Business Assistance Programs can promise and deliver very specific, measurable results on mission - industry sectors in
compliance with regulations and shifting to best environmental practice.  The SBAPs can mobilize public and private sector organizations to
reach out and assist small businesses thereby dramatically adding more voices and commitment to achieving the environmental goals of the
state. And finally, because the state programs work cooperatively to increase the knowledge and methods for delivering assistance, any state
program can move quickly and inexpensively by drawing on the knowledge assets of the total national network.

The experience of the ten demonstrations provides a framework for making the case for public sector investment in these programs. Any
potential public investment can be assessed in terms of the return to be delivered. The ten demonstrations show that the management
discipline and methods exist within the national  network of state SBAP programs to deliver the results promised in a cost-effective way.

The ten projects have demonstrated three important management competencies within the SBAP network.

         Type I:      Manage a selected industry to full compliance, pollution controlled status
         Type II:      Use partnerships to multiply demand and capacity for delivering assistance
         Type III:     Strengthen the program by developing and sharing useful tools for delivering assistance.

The first type is a long-term strategy to produce  results on mission by aggressive campaign management. Sectors are targeted and the
targeted sector is systematically moved to high levels of compliance or converted over to pollution free practices. Public message campaigns
provide incentives and celebrate success.

The second type leverages the usually small assistance program in dramatic ways through partnerships with a large number of public and
private sector organizations. Significantly more businesses are reached and higher levels of assistance provided than could be expected by the
staff of the program alone. Public support and involvement are built.

Type I. Manage for targeted results.

Two of the projects are Type I. They tested management strategies for systematically moving a specific  industry sector into full compliance
and toward cleaner technologies. They sought and produced measurable results on mission.

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. It is a managed campaign to achieve for full compliance on gas station vapor recovery
controls in a metropolitan area. The goal is to bring 2,700 gas stations into compliance with equipment testing in 3 to 4 years. The strategy is
to restructure the testing industry, reach out to the gas stations, employ a high profile public message campaign and manage the dynamics of
the sector toward full compliance.

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 to all auto repair and auto body shops in a three county area is designed to help them switch to
optimum, clean technologies. The goal is to encourage a large proportion of the 500 targeted business to switch to "best environmental
practice" over a one year period. It systematically engages each business in a phased information program.

Four of the projects are Type n, testing partnership development strategies to extend reach and impact.

New Jersey: Department of Environmental Protection. The program is building the capacity to reach all small businesses by growing a
large network of partner organizations. The strategy is to form working relationships with public and private organizations that have the
channels and credibility to reach small businesses with information and assistance. High impact information is kept flowing through these
channels. The partnership base, currently at 400, is continuously built up over time and relationships maintained and nurtured.

Minnesota: Pollution Control Agency. The project is creating partnerships to provide on-going assistance to the entire fiberglass-reinforced
plastics (FRP) manufacturing industry in the state. The SBAP has undertaken a systematic campaign to inform the entire industry segment
— between 110 and 120 FRP businesses — about old and new regulations, and opportunities to save costs and reduce pollution by
incorporating new, less-polluting, more efficient materials and processes in their manufacturing operations. A broad-based set of partners has
been enrolled, including the national industry trade association, a prestigious small business technical assistance program at the University of
Minnesota, equipment suppliers, material vendors, SBDCs, and others.  A "one-stop shopping" compliance assistance package has been
distributed and an innovative event, "Demo Days," has been produced, attracting over 170 people from across the FRP industry.

California: South Coast Air Quality Management District. The project is testing a multi-state, public-private partnership approach to
assist small businesses that operate industrial steam boilers. The intent is to reduce air emissions, save energy and reduce costs by simply
persuading operators of industrial steam boilers to perform regular maintenance on their boiler units. A local gas company is contributing
free, on-site boiler tune-ups as both an inducement to businesses to participate and an opportunity to demonstrate cost savings and pollution
reduction benefits. The strategic "template" being tested in the Southern California demonstration project will be replicated by three other
partner SBAPs in EPA's Region IX.

Colorado: Department of Public Health and the Environment. The project has set in place a partnership called "EnviroMentors" that
dramatically increases the ability of its tiny, three-person staff to provide Colorado's 10,000 small businesses with "one stop shopping"
environmental assistance and information, the SBAP has enrolled over 60 partners, including 21 small business development centers
(SBDCs), 10 chambers of commerce, 12 state and local pollution prevention organizations, 25 small business and trade organizations and
several lending institutions.

Type III. Develop And Transfer Tools for Delivering Assistance

Four of the projects are Type III, strengthening the national program by developing useful tools that can be used by all states.

Wyoming: Department of Environmental Quality. The program is meeting the communication challenge of a largely rural state by
building an "outreach system." The system consists of a  sortable data base of potentially all small businesses in the state, and a one-stop-
source of compliance information, the Wyoming Small Business Assistance Guide. The data base and the guide are used by a consortium of
partners to reach small businesses. The system makes possible an on-going series of targeted outreach initiatives to specific businesses on
high priority topics.

         South Carolina: Department of Health and Environmental Control. The program is developing outreach methods for an
         unusually hard to reach business sector. Auto body, auto repair and salvage yards are numerous and represent an environmental
         threat. These businesses are hard to find and often beyond the reach of the regulatory sector. A unique, intensive series of
         workshops throughout the state was tested to bring assistance close to the customer. An evaluation effort is underway to better
         understand how to reach this sector.

         Montana: Department of Environmental Quality. The SBAP has surveyed the needs of Montana small businesses for
         environmental assistance, especially focusing on rural communities in Montana's "High Line" (Northern) region and in Eastern
         Montana, both of which have historically been difficult to serve because of their distance from urban centers in Central and
         Western Montana. In Phase Two, the project will apply the results of that assessment to test different marketing methods to
         stimulate requests for assistance, and to increase business and public awareness about the assistance program.

         Kansas: State University Pollution Prevention Institute. The SBAP initially tested an approach using retired engineers to
         provide  direct, one-on-one assistance to small businesses in three industries: dry cleaners, automotive repair/auto body and metal
         finishing. That project proved unsuccessful, but generated a body of experience that other SBAPs considering a similar strategy
         now have access to. The SBAP has gone on to apply the Cooperative Agreement Grant in launching a "Type I" assistance
         campaign aimed at increasing compliance and reducing pollution in Colorado's printing industry.

         For more information about these projects contact Karen Brown at (202) 260-1390 or by e-mail at

                                         Success Stories
               From the 2000 Small Business Assistance Program's

                                         Annual Report

 Arkansas hosted seminars for aerial pesticide applicators in which the pilots fly in to the seminars around the state.
 The pilots learn about pollution issues, storage tank regulations, and Department services such as the loan program.

 Indiana's program helped to develop a rule for the fiberglass industry for styrene emissions and continues to assist
 businesses involved in the rule making process for this industry through workshops and fact sheets.

 Partnering with the Wichita Water and Sewer Department and the Photo Marketing Association, the Kansas SBAP
 introduced silver and mercury pollution prevention and recovery technologies to medical and dental clinics, and
 commercial imaging and photo processors. Approximately 70% of local dentists have implemented such changes.

 A small company contacted the Louisiana SBAP to ensure they were meeting all appropriate federal and state rules.
 The SBAP provided them with an air permit application and modifications, fact sheets for various federal rules, and
 a pollution prevention audit at their request.  As a result of the suggestions from the engineer, the company reduced
 their hazardous waste generation by at least 1400 pounds per year.

 Maryland SBAP helped a printer to apply for the air permit required to begin operation. This helped the company
 receive their permit in the timeframe they needed to start their operations.

 Missouri's On-site Assessment Team advised an aluminum smelting facility to recycle their pallets and cardboard.
 The Team located a recycling facility for the cardboard, saving the smelter about $2000 per month in disposal costs.

 New York implemented regulations for perc dry  cleaners that went beyond the federal NESHAP regulation to
 reduce the potential for exposure to perc vapors.  In evaluating alternative solvents for perc, the SBAP discovered
 that a new solvent, DF 2000, contains almost no Hazardous Air Pollutants (HAPs) and has a flash point above 140
 F. Advances made to the dry cleaning machines that use this solvent reduce any potential for fire hazard. SBAP
 made dry cleaners aware of this alternative compliance option via newsletter articles, hotline calls, and workshops.

 North Carolina SBAP assisted a dry cleaner who had received a Notice of Violation and civil penalty assessment
 from a local air program. The SBAP explained the intricate details of the perc dry cleaning NESHAP to the air
 program supervisor and won a reversal of the violation through an appeal before the entire Board.

 Through hotline calls and a site visit, Pennsylvania ENVIROHELP staff worked with a rotogravure/flexographic
 printer to complete a plan approval application within the short timeframe required by the PA Department of
 Environmental Protection. ENVIROHELP determined that the facility was in compliance with air pollution
 regulations except for odors and fugitive emissions. ENVIROHELP recommended technical contacts who could
 assist in resolving the odor and fugitive emissions violations.

 When dry cleaners were having problems passing a new Dry Cleaner Superfund program test, Tennessee's SBAP
 developed a test prep course and materials. Dry cleaners are now passing the test.

 Texas' program helped a rock-crushing operation that was in violation of air permitting requirements. The owner
 needed to apply for an air permit, but couldn't hire a consultant to do the work. The SBAP matched the business
 with an EnviroMentor, who assisted the owner with the permit application, thus avoiding further enforcement

 West Virginia SBAP assisted a client who was conducting stack testing pursuant to a Consent Order.  The SBAP
noted that dioxin and furan testing was included in the facility's stack test protocol, but was not a requirement of the
permit or the Consent Order. In fact, the tests were listed by the testing company in error, and a revised stack test
protocol was issued.  This saved the client between $2000 -$3000.

From Wisconsin SBAP's efforts in  1999, a permit exemption  for autobody repair shops became effective in 2000.
With that rule change, thousands of small shops will not have to deal with the state air pollution permit process.

For more information contact Angel Martin-Dias at:  412-577-2643


              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.

      The SBO-SBAP Listserve is up and running with more than  100 members
currently subscribed.  Share information and ideas in a convenient and effective way with
SBAPs, SBOs, small businesses, trade associations, technical assistance programs, and
others interested in environmental compliance and pollution prevention issues for the
small business community.  For more information, go to AP_Listserve.html.

      See the results from the online EPA Customer Satisfaction Survey completed in
the fall of 2000. The survey form, results and summary, response summary and actions,
and results charts are now posted at

      Find full page SBAP ads, SBAP logos including a state example, and SBAP logos
in Spanish on the NEW Small Business Assistance Program National Logo page. Go to

      Note the updated Compliance Advisory Panel (CAP) Contacts and Information
section, including the addition of a National CAP Members and Information subpage at
http ://www. smal tb iz-enviro web. org/programs__cap .html.

      Look for the  Presentations and Photographs from the 2001 SBO/SBAP National
Conference m Austin, Texas, now on the Home Page. Click on the  first two links at

      Check out the NEW Site Map By Category page to find all the information on the
Home Page easily. Go to

      Other web pages housed on the Home Page include the Mid-Atlantic Region
Small Business Assistance web page (
and the National Small Business  Financial Assistance Work Group web page

      Check back often for continuously updated contact information (CAP. trade, EPA,
SB API state environmental agency and SBAP web sites, SBO Update Newsletters, new
Small Business Quarterly News Alerts, news and events, compliance information,
funding information, industry sector and trade association information,  small business
initiatives and policies, and publications.

      Don't forget to send in updates and use the 5 databases on the Home
Page-publications (over 3,880), videos, upcoming events, performance measurement
tools and success stories (over 70), and regulatory updates.

      Keep sending information on events, news, contacts, publications/facts sheets,
videos, performance measurement tools and success stories, CAP information,
corrected/new links  to include on the Home Page, and any comments and suggestions
about the Home Page to Audrey G. Zelanko ( 412/577-
2649).           6                            ^           !


                                   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	Homepage
 EPA Web Pages and Hotlines                                           Phone Number

 •  National Service Center for Environmental Publications	  800-490-9198
        (  	  513-489-8190
 •  Indoor Air Quality Information Clearinghouse  	  800-438-4318
 •  Radon  	  800-767-7236
 •  EPA Energy Star 	  888-782-7937
 •  Clean Air Technology Center	  919-541-0800 (English)
        (	  919-541-1800 (Spanish)
 •  Office of Transportation and Air Quality  	  734-214-4333
 •  Emission Measurement Center	  919-541-0200
 •  Stratospheric Ozone Information	  800-296-1996
 •  Acid Rain (emission trading, auctions, Information)	  202-564-9620
 •  Safe Drinking Water Hotline	  800-426-4791
 •  National Small Flows Clearinghouse (WV Univ)  	  800-624-8301
 •  Storm Water Phase II Information	  202-260-7786
 •  Water Resource Center	  202-260-7786
 •  National Solid & Hazardous Waste Ombudsman	  800-262-7937
        Washington Metro Area 	  202-260-9361
 •  Wetlands Information 	  800-832-7828
 •  U.S. EPA RCRA, Superfund &  Underground Storage Tanks Hotline	  800-424-9346
        Washington Metro Area 	  703-412-9810
 •  Emergency Planning & Community Right to Know Title III (EPCRA)  	  800-424-9346
 •  Toxic Substance Control Act (TSCA) Information Service	  202-554-1404
 •  Office of Pesticide Program Registration Division (Ombudsman)	  703-305-5446
 •  Bio-Pesticide Contact	  703-305-7973
 •  National Pesticide Telecommunications Network	  800-858-7378
 •  EPA Waste Wise/Waste Reduction	  800-372-9473
 •  Office of Environmental Justice Information Line	  800-962-6215
 •  Office of Pollution Prevention & Toxics	  202-260-1772
 •  Chemical Emergency Preparedness & Prevention Office	  202-564-8600
     (CEPPO) Small Business Liaison
 •   Small Business Innovation Research (SBIR)	  800-490-9194
 •   EPA Inspector General (IG) 	  888-546-8740
•   Compliance Assistance Centers	  202-564-7076
•   Small and Disadvantaged Business Utilization 	  202-564-4100


OTHER WEBSITES & HOTLINES                               Phone Number
• Small Business Environmental Home Page 	(412) 577-2649
• Recycling Hotline 	(800) 253-2687
• National Technical Information Service (NTIS) 	(800) 553-6847
    ( 	(703) 605-6000
• National Response Center for reporting oil spills and hazardous  	(800) 424-8802
    substance releases
    Washington Metro Area  	(202) 267-2675
• Department of Energy (DOE)-National Alternative Fuels Hotline	(800) 423-1363
• Energy-efficiency & Renewable Energy Clearinghouse 	(800) 363-3732
    (Operated by the DOE)
• DOT--Hazardous Materials	(800) 467-4922
• CHEMTREC Chemical Transportation Emergency Line, operated by	(800) 262-8200
    Chemical Manufacturers Association
• Center for Management Courses on ISO 9000/14000	(800) 745-5565
• National Lead Technical Information Center  	(800) 424-5323
• Small Business Administration 	(800) 827-5722
• Regulatory Fairness Boards (SBA)	(888) 734-3247
• Occupational Safety & Health Administration (OSHA)  	(800) 321-6742
    (Worker Safety Referral Services)
• American Lung Association	(800) 586-4872
• Consumer Product Safety Commission  	(800) 638-2772
• Radon Auto Emission & Sun Safety(National Safety Council)  	(800) 557-2366
• INFOTERRA/USA	(202) 260-5917
• Government Printing Office  	(202) 512-1800
• National Institute of Occupational Safety and Health	(800) 356-4674
• National Environmental Service Center (Water)	(800) 624-8301
    ( homepage.html)
• Information Services - Additional Hotlines

REGION  1     CT, ME, MA, NH, RI, VT              Dwight Peavey           (617)918-1829
          2     NJ, NY, PR, VI                      Ronald Lockwood        (212)637-3413
          3     DE, DC, MD, PA, VA, WV             David Byro              (215)814-5563
          4     AL, FL, GA, KY, MS, NC, SC, TN       Annette N. Hill           (404) 562-8287
          5     IL, IN, MI, MN, OH, WI               Glynis Zywicki           (312)886-4571
          6     AR, LA, NM, OK, TX                 David Gray              (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                  Mark Samolis           (415)744-2331
         10     AK, ID, OR, WA                     Robyn Meeker           (206)553-7154

                                            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 59.  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

 •      Facilitated meetings between EPA Deputy Administrator, senior
        management, and industry to give the Agency an opportunity to
        hear first hand the concerns of small business.
 •      Advocated for and participated in the Small Business Regulatory
        Enforcement Fairness Act (SBREFA) process and in reviewing
        over 50 EPA regulatory actions to address small business issues
        and concerns.
 •      Provided  outreach  and  assistance  to the  small  business
        community on SBREFA.
 •      Provided a grant to the State of Illinois for the ninth Annual
        SBO/SBAP  Conference to be held in Chicago, June 30-July 3,
 •      Facilitated the Small Business Regional Liaison Conference for
        EPA regions and SBO/SBAP Steering Committee Members and
        alternate, August 8-10, in Washington, DC.
 •      Gained approval from the Office of Management and Budget for
        revisions to the Small Business Ombudsman Report to Congress
        under section 507 of the 1990 Clean Air Act Amendments
 •      Developed  a  Small Business  Environmental  Management
        System (EMS) Guide and a pilot EMS training program to be
        held in various states across the country.
 •      Partnered with  the Printing Industries and Printers National
        Environmental Assistance Center to examine what's working in
        the Printing  Industry.
 •      Developed  a   Resource  Directory   of  Small  Business
        Environmental Assistance Providers to give the small business
        community easy access to resources at the Federal, state, and
        private levels.
 •      Developed and distributed promotional materials  that were
        designed by the Promotional Subcommittee, which consisted of
        SBO/SBAP   Steering  Committee   members,  to  better
        communicate the availability of technical and other services
        provided by  the State SBO/SBAP Programs.
 •      Distributed a final report on the development of expert advisors
        to  assist  small businesses  in meeting  their  regulatory
 •      Funded the  development of two  expert  systems  for small
        business. The first expert system will be designed for the UIC
        Class V Injection Well regulation, and the second system will be
        designed for recycling regulations.
 •      Worked with staff in the Performance Track Program, Sector
        Strategies Division, Design for the Environment Program, and
        the Office of Enforcement and Compliance Assurance (EMS
        Team), and provided funds to support development of an EMS
•      Continued to distribute copies of the "Environmental Assistance
        Services for  Small Business:  A Resource Guide," which is a
        directory of the many EPA services available, including hotlines,
        clearing houses, websites, publications, training, etc.
•       Supported the development of a SBO-SBAP  Listserve as an
         opportunity for small business assistance providers and others in
         the small business community to share information and ideas.
 •       Responded  to over  13,650 calls  on the Small  Business
         Ombudsman Hotline.
 •       Designed an electronic SBO Quarterly News Alert document as
         a means to give state small business programs and EPA regional
         programs an opportunity to share success stories and information
         about small business activities in their state or region.

 Clean Air Act (CAA)

 Implementation Tool Development Plan, Update

     In the near future, EPA's Office of Air Quality Planning and
 Standards (OAQPS) will be publishing ten new Maximum Achievable
 Control Technology (MACT) standards that regulate hazardous air
 pollutant emissions from various surface coating operations. To help
 industry and regulators prepare for the implementation phase that
 comes after these new rules are promulgated (finalized), EPA is in the
 process of determining what types of implementation tools are  needed
 for each new coating MACT. You can keep abreast of what types of
 implementation activities we (EPA) have planned for these surface
 coating rules by periodically checking the Implementation Tool
 Development Plan. Implementation Plans will be developed for each
 new  coating MACT and will tell  you:  (1) what we're planning for that
 rule; (2) who we're partnering with to develop tools; and (3) when we
 expect tools to be available for use. To find out more about our tool
 development efforts and for website addresses for these new coating
 rules, please see our brochure entitled "Implementation Activities for
 the New Surface coating MACTs - An Overview and Partnership
 Opportunities" at
     If you have questions regarding implementation activities  under
 this effort, please feel free to contact Ingrid Ward, USEPA, 919-541-
 0300 or

 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: 12k/urbanpg.html or call EPA's Office of Air
Quality, Planning and Standards at 919-541-2798.
                                              JANUARY 2002

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 sources, each of
which need only submit information  covering its eligibility for the
general permit. The Rule was proposed to be  revised in 1994, to
provide for more flexibility in the revision of permits: more flexibility
was proposed in 1995.  Neither of these proposed rule changes have
been promulgated.  In addition, six categories of non-major sources
subject to MACT standards have been deferred from title V permitting.
Currently, only two categories of non-major sources subject to MACT
standards are required to obtain title V permits; these are hazardous
waste combustors (HWC's)  and portland cement plants., see our Item I-

A Guide for Small  Businesses

     A booklet entitled  The Clean Air Act Amendments of 1990: A
Guide for Small Businesses  was published in 1992. 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 four-page summary entitled What A
Small Business Should Know About the New Clean Air Act. Item 1-36.

Summary of U.S. Supreme Court Decision on the
EPA's Ozone and Particulate Matter NAAQS

            Whitman v. American Trucking Associations
            U.S. Supreme Court, Nos. 99-1257,  99-1426
                       February 27, 2001

Highlights of the Supreme Court's  Decision
     Constitutionality: The Supreme Court unanimously upheld the
     constitutionality of the 1970 Clean Air Act  provision that
     authorizes EPA to set national  ambient air quality standards
     (NAAQS) to protect public health  and welfare.
          In so doing, the Supreme  Court reversed a decision by the
          D.C. Circuit Court that could have called into question laws
          and regulations that are the basis for many of our nation's
          programs for protecting public health and safety.
     Cost:  The Supreme Court also unanimously affirmed that the
     Clean Air Act requires EPA to set NAAQS  at levels necessary to
     protect public health and welfare, without considering the
     economic costs of implementing the standards, stating that the
     law "unambiguously bars cost  considerations from the [NAAQS-
     setting] process."
     •    This ruling affirmed the D.C.  Circuit Court's decision, and
          was consistent with the longstanding interpretations of the
          Clean Air Act by EPA and the D.C. Circuit.
          The Supreme Court noted that EPA and the States take costs
          into account in implementing  the NAAQS.
     Authority to implement ozone standard: The Supreme Court
     rejected arguments that EPA cannot require States to meet a
     revised ozone standard that is more protective than the 1-hour
     ozone standard currently being implemented.
          The Supreme Court determined that while EPA has
          authority to implement a revised ozone standard, EPA must
          reconsider its implementation plan for moving from the 1-
      hour standard to the revised standard, and instructed EPA to
      develop an implementation plan consistent with the Court's

Implications for EPA's Implementation of the New Standard
      While the case was pending before the Supreme Court, the ozone
      and paniculate matter standards remained in effects as a legal
      matter, because the D.C. Circuit had not vacated the standards.
      The Supreme Court decision does not change this.
      Ozone: EPA is reviewing the results of the litigation to
      determine the approach and schedule for moving forward with
      implementing the ozone standard, and will be conferring with
      States and other interested parties.
      Particulate Matter: The litigation has not yet affected EPA or
      State activities related to these standards, since EPA cannot start
      implementing the standards until EPA and the States collect three
      years of monitoring data on "fine particles" to determine which
      areas are not attaining the standards. In most cases, areas would
      not be designated "attainment" or "nonattainment" for the
      NAAQS for fine particles until 2004-5.

Further Update on Ozone and Particulate Matter
National Ambient Air Quality Standards (NAAQS)
and Recent Court Decision

Stratospheric Ozone Protection Rules

    A final rule to reduce consumption of Methyl Bromide, a
commonly used fumigant and  pesticide, by 50% of historical 1991 use,
was issued in 2001, Item 1-15, (November 28, 2000, 65 FR 70795).  A
70% baseline reduction is scheduled to occur in 2003 and a complete
phaseout of Methyl Bromide is scheduled to take effect on  January 1,
2005, Item 1-15. An interim final rule to create an exemption which
would allow  production and/or import of Methyl Bromide for
quarantine and preshipment uses was published, Item 1-15 (July 19,
2001, 66 FR 37752). EPA is engaging stakeholders from industry and
from State government at this  time to inform them of the critical use
exemption process which would allow production and/or import of
Methyl Bromide for critical end uses in pre-plant and post- harvest
applications. EPA will issue a notice requesting application for
exemption to the 2005 methyl  bromide phaseout for critical uses, Item
1-15.  HCFCs are ozone depleting substances that are scheduled to be
completely phased out by 2030, the first of which, HCFC-141b, is
scheduled to be phased out beginning January 1, 2003.  EPA issued a
proposal to allocate allowances to HCFC producers and importers to
limit and begin the phaseout process for HCFCs (July 20, 2001, 66 FR
38064), Item I-.  In finalizing the proposed allowance allocations for
HCFC in 2002, EPA will issue a supplemental proposal seeking
comments regarding an exemption for small business sectors needing
relief from the 141b phaseout.  EPA also evaluates alternatives to ozone
depleting substances for use in refrigerants, air conditioning, foam
manufacture, solvents, and fire extinguishing applications and either
approved or banned them based upon their environmental, health, and
safety properties though the Significant New Alternatives Program.
EPA will continue to review alternatives as they are developed. The
last update was published 5/23/01 66FR 28379 Item 1-19.

CAA Incinerator Rules

 The Agency issued final rules on September  15, 1997, which apply to
medical waste incinerators (MWI). These are incinerators used to burn
                                             JANUARY 2002

 hospital waste and/or medical/infectious waste.  The rule covers MWI
 located at hospitals, other health care type facilities, and commercial
 waste disposal facilities which burn these types of wastes.  The rules
 cover both new and existing MWI. Those built before June 20, 1996,
 are considered existing MWI and those built after this date are
 considered new MWI. New MWI are required to meet the
 requirements upon start-up.  Existing MWI are required  to meet the
 requirements by September 15, 2002. Small existing MWI located in
 rural areas are required to meet less stringent requirements.
      The Agency issued final rules on December 6, 2000, which apply
 to small municipal waste combustors (MWC). These are incinerators
 which have a capacity to burn more than 35 tons per day of municipal
 waste, but less than 250 tons per day. [Final rules for MWC with a
 capacity to burn 250 tons per day or more of municipal waste were
 issued in December 1995.] The rules cover both new and existing small
 MWC. Small MWC built before August 30, 1999, are considered
 existing and those built after this date are considered new.  New small
 MWC must meet the requirements on start-up and existing small MWC
 must meet the requirements by August 30, 2004.
      The EPA issued final rules on December 1, 2000,  which  apply to
 commercial and industrial solid waste incinerators (CISWI).  These
 rules apply to incinerators located at commercial or industrial facilities
 which burn solid waste without energy recovery. The rules cover both
 new and existing CISWI. CISWI built before November 30, 1999 are
 considered existing and those built after this date are considered new.
 New CISWI must meet the requirements upon start-up and existing
 CISWI must meet the requirements by November 30, 2004.

 National Emission Standards for Hazardous Air
 Pollutants (NESHAP) Rules Update

    The Emissions Standards Division of the Office of Air Quality
 Planning and Standards is in the process of completing NESHAP for
 170 source categories, many of which contain small businesses. These
 standards are also called Maximum Achievable Control Technology, or
 MACT, standards.  Standards for 86 source categories are final.
 Standards have been proposed for 29 of the remaining 94 source
 categories. Ten source categories on the original list have been
    The EPA website lists
 information on the rule applicability and rule requirements.
 Implementation materials are also available for some rules.
    One key date is the upcoming Section 112(j) "hammer date"of
 May 15, 2002. Section 112(j) applies to major sources in categories
 and subcategories on the EPA's source category  list for which EPA has
 not promulgated standards by May 15, 2002. Major sources are those
 that emit from the entire contiguous facility 10 tons or more of any
 single HAP or 25 tons or more of any combination of HAP.
    Major sources subject to section 112(j) regulations (40 CFR 63,
 subpart B) must submit a title V permit application to its  permitting
 authority to incorporate case-by-case MACT by May 15, 2002.  EPA
 proposed amendments to the 112(j) rule on March 23, 2001.  Although
 only proposed, the amendments to the section 112(j) rule will become
final about the end of February 2002. Sources must submit a Part 1
application on May 15, 2002, followed by a Part 2 application by
November 15, 2002. The amendments discuss in more detail what is
required to be in the permit application.
    Affected sources  should review 40 CFR 63, subpart 63.50 through
63.56 for further information. For more information on the proposed
amendments, see the March 23, 2001, Federal Register, page  16318.
 Additional information is also on EPA's Air Toxics Website at! 12J/112jaypg.html.

 Hazardous Air Pollutant Standards for Several
 Categories of Industrial  Combustion Sources

     The Agency is developing  rules under Section 112 of the Clean
 Air Act (CAA) to limit emissions of hazardous air pollutants from
 several industrial combustion sources.  This may include rules for
 boilers, process heaters, stationary combustion turbines, and/or
 stationary reciprocating internal combustion engines.  These sources are
 used primarily for energy generation in a wide variety of industries and
 they burn a variety of fuels (e.g., wood, oil, coal, natural gas). The
 rules could affect thousands of sources nationwide and have significant
 environmental, health, and cost  impacts.

 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 I-

 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 (RfD) for ingestion exposure will be recommended.  The
 assessment began in the Spring of 1999, and completion is expected in
 early calendar year 2002. 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
                                             JANUARY 2002

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 FR
pp. 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 24387-392x Item

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 has been on hold and there is no
decision pending to move forward with a final rule.
    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 1-12 for

Accidental Release Prevention Requirements:  Risk
Management Programs Under the Clean Air Act
Section 112(r)(7)

EPA has established a list of regulated substances and thresholds and
issued Risk Management Program regulations  under section 112(r) of
the Clean Air.  Covered facilities must implement a risk management
program and submit a summary of that program, the Risk Management
Plan (RMP), to EPA. The regulations are codified in 40 CFR part 68.
The list of regulated substance, the reporting requirements, and
guidance documents are available on the Internet at:

   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 112(r) of the Clean Air
Act. The law has two distinct parts that pertain to:
•   Flammable Fuels
    In March, 2000, EPA issued a final rule to amend its chemical
    accident prevention regulations under Section 112(r) of the Clean
    Air Act to revise the list of flammable substances regulated under
     the chemical accident prevention regulations to exclude flammable
     substances when used as a fuel or held for sale as a fuel at a retail
     Public Access to Offsite Consequence Analyses (also known as:
     "worst-case scenario") Data
     In August, 2000, EPA and the Department of Justice (DOJ) issued
     regulations governing access to, and dissemination of, restricted
     forms of information about the potential off-site consequences of
     accidental chemical releases from industrial facilities. Off-Site
     Consequence Analysis (OCA) information is collected  under
     section 112(r)(7) of the Clean Air Act as part of the Risk
     Management Program.
Additional details about these provisions are available on the Internet

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 several extensions of the 1995 "transition" policy, the last
of which expired on December 31, 2000. Nonetheless, at this time, EPA
continues to recognize practically enforceable PTE limits that are
imposed and enforceable by the State. In 1996, 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.
                                             JANUARY 2002

 National Emission Standards for Hazardous Air
 Pollutants and 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 are 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 incinerators (solid waste) were
 proposed on November 30,  1999.  (See below). Regulations for the
 other industrial combustion source categories will be proposed after this

                Clean Water Act (CWA)

 Effluent Guidelines Program

     Effluent guidelines are regulations for industrial discharges to
 surface waters and to publicly-owned treatment systems.  EPA's Office
 of Water is working on effluent guidelines for the following industries:
 metal products and machinery, concentrated animal feeding operations,
 iron and steel, construction and development, meat products, and
 aquatic animal production (often called aquaculture). EPA would like
 to report on important progress on several effluent guidelines.since the
 last edition of this newsletter.
     In addition, EPA is developing a strategic plan for future effluent
 guidelines.  The proposed strategy will provide background
 information on clean water industrial regulations, describe the role
 these regulations play in improving water quality, and solicit comment
 on the process for selecting future effluent guidelines.  EPA plans to
 publish this information  in the Federal Register in February 2002.
 EPA encourages small businesses to review and provide  comments on
 the upcoming effluent guidelines plan.
     You can check for updates on  all of the effluent guidelines on the
 Internet at

 Metal Products and Machinery

     The public notice for the proposed effluent guidelines for the
 Metal Products and Machinery industry appeared in the Federal
 Register on January 3, 2001, and the public comment period closed on
 July  2, 2001.  The rule is scheduled for final action in December 2002.
 EPA is planning to publish a Notice of Data Availability in March 2002
 to solicit comment on additional data that EPA has collected since
 January 2001.
     Prior to issuing the proposed rule, EPA convened a Small Business
Advocacy Review Panel. The proposal  incorporated all of the Panel's
 recommendations. The following four examples illustrate the type of
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, the Panel
 recommended that EPA consider best management practices (BMPs)
 instead of numerical limitations, at least for some pollutants and/or
 subcategories of facilities. In response, the proposal discusses 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 that
 EPA not regulate total suspended solids, 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.

 Concentrated Animal Feeding Operations

     The proposed  rule for Concentrated Animal Feeding Operations
 (CAFOs, and referred to as "feedlots" in previous editions of this
 newsletter) appeared in the Federal Register on January 12, 2001. The
 comment period for the proposed rule closed on July 30, 2001. EPA
 published a Notice of Data Availability on November 21, 2001, and the
 comment period for the new data will close on January 15, 2002.  The
 rule is scheduled for final action in December 2002.
     Prior to issuing the proposed rule, EPA convened a Small Business
 Advocacy Review Panel.  The recommendations from the Panel 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.
     The November 2001 Notice presents new data and information
 submitted to EPA during the public comment period, including new
 data received from industry groups, the general public, and the U.S.
 Department of Agriculture (USDA).  EPA  is considering using this new
 information to refine the cost and economic impact model, benefits
 analysis, proposed permit requirements, and proposed technology
 requirements. The Notice also highlights recent changes in SBA's
 definition of small business for the livestock and poultry sectors.  These
 changes raised the size standards used to define small businesses in the
 hog, dairy, broiler, and turkey sectors. SBA's size standards for these
 sectors were raised from SO.5 million to SO.75 million in average
 annual receipts.  Size standards in the beef feedlot and egg laying
 sectors were not changed. These changes resulted in an increase in
 EPA's estimate of the number of small businesses that are potentially
defined as CAFOs and subject to the proposed requirements. As a
result of this change in SBA's small business definition, EPA's
                                              JANUARY 2002

estimate of the number of small businesses affected by the proposed
regulations would increase from 11,000 to 15,000 small businesses, as
reported by EPA for the proposed regulations, to roughly 19,000 to
25,000 small businesses. EPA is soliciting comment on these
preliminary estimates, as part of its November Notice.

Iron and Steel

     For the Iron and Steel industry, EPA published proposed revisions
to the effluent guidelines on December 27, 2000.  A Notice of Data
Availability (NODA) was published on February 14, 2001. The
comment period closed for the last time on April 25, 2001. The rule is
scheduled_for final action in April 2002.  For the analysis of the
proposed rule, EPA estimated the number of small businesses that
might be  affected by the revised regulation and also analyzed the
potential  impacts to those businesses. The Administrator then certified
that the proposed rule would not have a significant economic impact on
a substantial number of small entities.

Construction and Development

     The  Construction and Development (C&D) effluent guideline will
cover construction activities associated with new development,  as well
as those associated with re-development activities.  The regulation will
address stormwater runoff from_construction sites during the active
phase of construction (erosion and sediment controls).  The proposed
rule will also set technology- based standards for post-construction
stormwater management. The scope of the proposed rule is likely to
the same  as the current NPDES stormwater permit program: sites with
one or more acres of disturbed area. All forms of construction on these
sites will  be affected: residential buildings; non-residential buildings;
and heavy construction. When promulgated, the effluent guidelines
will be incorporated into the stormwater construction general permits
issued by EPA and the States.  A proposed rule is scheduled for March
     EPA convened a Small Business Advocacy Review Panel for the
Construction and Development effluent guideline in July 2001.  The
Panel's final report, including recommendations to EPA's
Administrator, will be part of the rulemaking record for the proposed
     Background information on the C&D rule is available at

Aquatic Animal Production

     EPA plans to convene a Small Business Advocacy Review Panel
in January 2002 for proposed effluent guidelines for the aquatic animal
production industry.  A proposed rule is scheduled for June 2002. The
proposed rule will cover commercial, academic, and government
facilities such as fish hatcheries and fish farms that contain, grow, or
hold aquatic animals. Currently, there are no effluent guidelines to
regulate discharges from facilities in this industry.  The proposed
regulations will address concerns about excess nutrients and other
chemicals entering the Nation's waters from aquatic animal production.
Meat and Poultry Products

     The Meat and Poultry Products effluent guideline will  cover
process water generated as a result of meat and poultry slaughtering,
further processing and rendering activities. EPA  s preliminary plans   -
for the proposed rule are not expected to result in  significant economic
impacts for a substantial number of small businesses. Accordingly,
EPA did not convene a Small Business Advocacy Review Panel for the
Meat and Poultry Products effluent guideline.  EPA will provide an
analysis of small businesses that might be affected by the proposal and
will solicit comment when the proposed rule is published. The
proposed rule is scheduled for late January 2002.

Cooling Water Intake Structures

   On December 18, 2001, EPA published final regulations to protect
fish and other aquatic organisms from being killed or injured by
cooling water intake structures at new facilities. This is 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
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
   The first phase of regulations establishes requirements for cooling
water intake structures at new facilities. The Administrator certified
that the rule 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
   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 Phase II or Phase III regulations will affect
small businesses.
   You can check for updates on the Cooling Water Intake regulations
on the Internet at
         Safe Drinking Water Act (SDWA)

Ground Water Rule Update

    On May 10, 2000, EPA proposed rules to protect consumers of
public drinking water supplies, which draw water from wells, springs or
other ground water sources, from microbial contaminants (Federal
Register,\o\. 65, no. 91, pages 30194-30274).  The EPA is required
under the Safe Drinking 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
                                              JANUARY 2002

 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.

 Long Term  1 Enhanced Surface Water Treatment
 Rule Update

     The EPA proposed the Long Term 1  Enhanced Surface Water
 Treatment Rule (LT1ESWTR) on April 10, 2000 (Federal Register,
 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 is likely to address the need
 to strengthen filtration requirements as well as to  ensure that microbial
 protection is not jeopardized if systems make changes to comply with
 disinfection requirements of the Stage 1 Disinfection and Disinfection
 Byproducts Rule (DBPR).  The LT1 ESWTR would likely apply 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 is scheduled for promulgation in the near future.

 Filter  Backwash Recycle Rule Update

    The EPA published  the Filter Backwash Recycling Rule (FBRR)
 on June 8, 2001 (National Primary Drinking  Water Regulations: Filter
 Backwash Recycling Rule - Final Rule) in the Federal Register (vol. 66,
 no. Ill, pages 31085-31105). The purpose of the FBRR is to further
 protect public health by requiring public water systems (PWSs), where
 needed, to institute changes to the return of recycle flows to a plant's
 treatment process that may otherwise compromise microbial control.
 The final rule addresses a statutory requirement of the 1996 Safe
 Drinking Water Act  Amendments to promulgate a regulation which
 "governs" the recycling of filter backwash water within the treatment
 process of PWSs.  Less than 4,000 systems serving fewer than  10,000
 persons  are expected to be affected by the rule, which will require
 surface water systems that recycle to meet several requirements. The
 full text of the FBRR as well as several fact sheets and guidance
 materials may be found at

 Stage 2 Disinfectants/Disinfection Byproducts Rule

    The EPA plans  to propose a Stage 2 Disinfectants/Disinfection
 Byproducts Rule (DBPR) in late 2001. [Note: Most small systems that
 serve fewer than 500 people and that are in compliance with the Stage 1
 DBPR at the point of maximum residence time most likely will not be
 impacted by the rule. ~ Systems that serve between 500 and 10,000
 people may have an additional monitoring point, in addition to the
 Stage  1 requirements. If a small system is a "consecutive system," it
 must comply with  the rule on  the same schedule as the system with the
earliest compliance date in the combined distribution system.]  The
 intent of the proposed rule is to reduce the variability of exposure to
disinfection byproducts (DBFs) for people served by different 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 DBFs.  Consistent with Safe
Drinking Water  Act 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 DBF risks.

 Long Term 2 Enhanced Surface Water Treatment

     The EPA is currently developing a proposal for the Long Term 2
 Enhanced Surface Water Treatment Rule (LT2ESWTR). The purpose
 of the LT2ESWTR is to improve upon the microbial protections
 provided by the Interim Enhanced Surface Water Treatment Rule and
 Long Term 1  Enhanced Surface Water Treatment Rule, 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 has Cryptosporidium
 concentrations that exceed 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 first two years indicate that over 90% of systems required to
 prepare and distribute these reports did so by the required deadline. The
 fourth report is due by July 1, 2002.  EPA has developed a series of
 materials to help water systems create these reports.  You can find this
 information on EPA's website at .html.

 Class V Injection Wells

    On December 7, 1999, EPA published requirements for two
 categories of  Class V wells (Revisions to the Underground Injection
 Control Regulations for Class V Injection Wells - Final Rule) in the
Federal Register (vol. 64, no. 234, pages 68545-68573). 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
                                              JANUARY 2002

may endanger drinking water.  New large capacity (serving 20 or more
people per day) cesspools were 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 were 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." This Guide is available on
the EPA website at or you can
contact the Safe Drinking Water Hotline at 800/ 426-4791  and request a

    Hazardous Waste Management Resource
      Conservation & Recovery Act (RCRA)

Paint Manufacturing Hazardous Waste Listing

     EPA is currently operating under a consent decree which
establishes deadlines for a series of hazardous waste listing
determinations mandated RCRA.  One of these rules is the Paint
Manufacturing Hazardous Waste Listing Determination. The consent
decree specifies that the listing determination must cover five waste
     The Federal Register (February 13, 2001) published a proposed
rule which proposed to add two new waste codes  (waste solids K 179
and waste liquids K 180) which would regulate waste liquids and waste
solids generated from thc-paint production processes.  This rule
proposed a concentration-based listing approach for the two waste
codes.  Under a concentration based listing, wastes would only be
hazardous if they contained specified constituents at or above
concentration levels listed in the proposal. The comment period on  the
proposal closed April 16, 2001.
     A contingent management approach is also being proposed for
waste liquids. Paint manufacturing waste liquids  would not be
hazardous due to these listings, if they are stored and treated
exclusively in tanks or containers prior to proper discharge. If the
waste liquids contain the  listed constituents that are higher than the
listed concentrations, and they are managed in surface impoundments
prior to discharge or sent to incineration or fuel blending, they would
be listed hazardous waste.
     Finally, this action would establish land disposal restrictions for
these wastes  and proposes to add n-Butyl alcohol, Ethyl benzene,
Methyl isobutyl ketone, Styrene, and Xylene to Appendix VIII of 40
CFR Part 261, a list of hazardous constituents.
     This action could affect those who manufacture paints and
industries that process or transport paint manufacturing wastes. The
annual economic effects of this proposal are estimated to be less than
$100 million. Furthermore, it is not expected to adversely  affect, in a
material way, the economy, a sector of the economy, productivity,
competition, jobs, the environment, public health  or safety, or state,
local, or tribal governments or communities. Because this rule used
both a concentration-based listing and a contingent management
approach, regulatory impacts were reduced from those found in a
traditional listing.
     The final rule must be signed by the Administrator by March 30,
2002 and will be published in the Federal Register in April.
Revised Standards for Hazardous Waste Combustion


     The Clean Air Act (CAA) requires that emission standards be
established for certain categories of sources that emit hazardous air
pollutants. Incinerators, cement kilns, and lightweight aggregate kilns
that burn hazardous waste — collectively called hazardous waste
combustors - are three such source categories.  In addition, the
Resource Conservation and Recovery Act (RCRA) requires EPA to
establish performance standards for hazardous waste combustors as
necessary to  ensure protection of human health and the environment.
     EPA promulgated standards for hazardous waste combustors under
joint authority of the CAA and RCRA on September 30, 1999 (64 FR
52828). On  December 6, 2001, EPA published a final rule extending
the compliance date one year. Since promulgation of the final rule,
EPA has published in the Federal Register several notices correcting,
clarifying, and amending the final rule. These notices are available
from EPA's Hazardous Waste Combustion website These
items are also included in Item C-92.

Recent Activities

     A number of parties, representing interests of both industrial
sources and of the environmental community, sought judicial review of
the final rule. On July 24, 2001, the United States Court of Appeals for
the District of Columbia Circuit (the Court) granted the Sierra Club's
petition for review and vacated the challenged portions of the rule. In
its decision the Court invited EPA or any of the parties that challenged
the regulations to file a motion with the Court to request either that the
current standards remain in  place, or that EPA be allowed time to
develop interim standards, during which time EPA will propose and
finalize standards that comply with the Court's opinion.
     On October  19, 2001, EPA, together with  all other petitioners that
challenged the hazardous waste combustor standards, filed a Joint
Motion asking the Court to  stay the issuance of its mandate for
approximately four months  to allow EPA time to develop interim
standards. The interim standards will replace the vacated standards
temporarily,  until final standards are promulgated.
    The Motion contemplates that EPA will issue final standards
which fully comply with the Court's opinion by June 14, 2005, and the
Motion indicates that EPA and Petitioner Sierra Club hope to enter into
a settlement agreement requiring EPA to promulgate final rules by that
date. The Joint Motion also detailed other actions that EPA intends to
take, including issuing a one-year extension to the September 30, 2002
compliance date (this action was completed on  December 6, 2001 (66
FR 63313)),  promulgating by February 14, 2002 an interim rule with
amended emission standards for several of the hazardous air pollutants
emitted by these sources, and promulgating by February 14, 2002
several compliance and implementation amendments to the final rule.
The Joint Motion and other  related information can be viewed and/or
downloaded  from EPA's Hazardous Waste Combustion website (see
link above).

RCRA Reporting And Recordkeeping Burden

    To meet the goals of the Paperwork Reduction Act of 1995, the
Office of Solid Waste (OSW) plans to reduce its Subtitle C reporting
                                              JANUARY 2002

 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 • After
 reviewing the comments OSW received on the NODA, OSW will
 publish a proposed  rule to implement as many of these ideas as
     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 prepare 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 may be  streamlined or eliminated;
     (2) Streamlining facility self-inspection requirements; and
     (3) Reducing requirements of the  Land Disposal Restrictions
 Program which regulates the disposal of hazardous wastes.  Now it is
 planned to issue a proposed rule.

 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 are found in 40 CFR 261-266, 268 and 270 and
 currently 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 in order to obtain an exemption from RCRA Subtitle C

 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) was published on
 October 12, 2001 in the Federal Register.  The Agency will be
 assessing public comments over the next six month and expects to
 publish a final rulemaking in the Fall of 2002.

 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.

 Recycling of Cathode Ray Tubes (CRTs):  Proposed
 Changes to Hazardous Waste Regulations

     This action will propose to revise the existing federal regulations
 to encourage reuse, recycling, and better management 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, many
 of which contain lead to protect the user from X-rays inside the CRT.
 Due to the lead, many CRTs could be hazardous wastes under the
 Federal Resource Conservation and Recovery Act (RCRA) regulations
 when they are disposed of or recycled under certain circumstances.
 Recycling can include using used CRT glass to make new CRTs,
 reclamation at lead smelters, or other uses. The forthcoming notice will
 propose to exclude CRTs from RCRA regulation if they are recycled
 under certain conditions.
     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 urged minimizing RCRA requirements for CRT
 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 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 early 2002.

 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,
amended the regulations for hazardous waste management under the
Resource Conservation and Recovery Act (RCRA) to reduce hazards to
                                             JANUARY 2002

human health and the environment for three wastes from the
manufacturing of inorganic chemicals. Specifically, the following
wastes have been added to the list of hazardous wastes in 40 CFR
     Kl 76     Baghouse filters from the production of antimony oxide,
              including filters from the production of intermediates
              (e.g., antimony metal or crude antimony oxide)
     K177     Slag from the production of antimony oxide that is
              speculatively accumulated or disposed, including slag
              from the production of intermediates (e.g., antimony
              metal or crude antimony oxide)
     K178     Residues from manufacturing and manufacturing-site
              storage of ferric chloride from acids formed during the
              production of titanium dioxide using the chloride-
              ilmenite process.

     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 final rule was
signed by the EPA Administrator on October 31, 2001. The action  was
issued 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.

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. The EPA in conjunction with the Department
of Energy is conducting an assessment of the environmental stability of
treated waste forms of elemental mercury and mercury-contaminated
soils. Several of the venders who expressed interest in processing the
Department of Defense's mercury stockpile are participating in this
effort.  EPA expects to publish a Notice of Data Availability in  2002
which will describe the results of this assessment and discuss
alternatives to the current requirements, such as treatment variances or a
possible rulemaking.

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 rulemaking was published on May 22, 2001.
The comment period closed on October 4, 2001.  EPA received about
60 sets of comments, and the agency is now reviewing and analyzing
these comments.  A final rule is anticipated around May, 2003.

Hazardous Waste Storage and Disposal Regulation
Related to Low Level Mixed Waste

     The Environmental Protection Agency (EPA) has amended 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;  Final Rule" was
published in the Federal Register on May 16, 2001. (Included in Item
     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 of
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 final rule is to provide flexibility under RCRA
Subtitle C to generators of eligible mixed waste. EPA is establishing a
conditional exemption from the definition of hazardous waste
applicable to: low-level mixed waste (LLMW) for storage and
treatment; and LLMW, or hazardous waste contaminated by Naturally
Occurring and/or Accelerator-produced Radioactive Material (NARM)
for transportation and disposal. The rule will reduce dual regulation for
generators in the management and disposal of their 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 without a RCRA
permit.  The rule also provides flexibility for the manifesting,
transportation and disposal of eligible mixed waste. Waste meeting the
conditions is exempted from certain RCRA Subtitle C hazardous waste
requirements and may be managed as solely radioactive waste in
accordance with NRC or Agreement State regulations.
     EPA is currently working on two products which should be of
assistance to small businesses early in calendar 2002.  The first product
is a compilation of frequently asked questions which will  be available
on the website when completed.  It will provide implementation
guidance to mixed waste generators who want to claim the conditional
exemption. The second product is an overview and summary of the
provisions of the rule which will be in the form of a printed brochure to
publicize the rule to businesses and  others involved in mixed waste
     The Federal Register Notice is available in electronic format on
the Internet at . The final
rule became effective November  13, 2001.

Small Quantity Generator Handbook

     A  handbook has been published, "Understanding the Hazardous
Waste Rules-A Handbook for Small Business-1996 Update" [EPA-
                                              JANUARY 2002

 530-K-95-001], June 1996, which is available. 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.  Item C-10.

 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
 rulcmaking 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 in 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, 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.
 3 1 163-4, 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) with
 corrections (FR 7/14/00 p. 43840, and FR 6/29/01 pp. 34559-61) all of
 which are included in Item C-77.

 Superfund Comprehensive Environmental
 Response, Compensation & Liability Act

 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
of Kelley v. EPA1, 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:
'!5F.3d  1100(D.C. Cir.), reh'gdenied, 25 F.3d 1088(D.C. Cir. 1994),
cert, denied sub nom. American Bankers Ass'n v. Kelley, 115 S. Ct.
2Pub. L. No.  104-208, งง 2501-2505, 110 Stat. 3009, 3009-462 to

     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
     On June 8, 1998, EPA proposed modifications to 40 CFR Part
370, the regulations codifying sections 311 and 312 of the Emergency
Planning and Community Right-to-Know Act (EPCRA). The proposed
rule, FR item on 6/8/98, as included in Item K-30, addressed several
     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
     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;
                                             JANUARY 2002

     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
     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:, 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.  After reviewing the public comments on the
proposed rule, EPA decided that the proposal involving the relief from
routine reporting for substances with minimal hazards and minimal risk
needed clarification and further development prior to promulgating a
final rule.  This supplemental notice will further clarify EPA's intent
and proposes and alternative modification to Part 370 to  reduce the
number of chemicals on which facilities must report annually under
EPCRA section 312.
     The supplemental notice will be published soon (By the end of
January 2002). The other items in the proposed rule of June 8, 1998
will most likely not be finalized until  later in 2002.

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 313release 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 anyone threshold for manufacturing (including
importing), processing, or otherwise using a toxic chemical listed in 40
CFR Section 372.65.  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 facility 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 began
reporting their releases and other waste management information for
activities conducted in 1998 in reports due July 1, 1999.  The seven new
industry groups are: 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 Bioaccumulative Toxic Chemicals (PBTs)-On October
29, 1999 (64 FR 58666) EPA published a final rule which lowers the
EPCRA section 313 reporting thresholds for certain persistent
bioaccumulative toxic (PBT) chemicals and adds certain other PBT
chemicals to the EPCRA section 3131ist 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 began  to apply for TRI reports on
releases and waste management for the year 2000 which had to 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 compounds category*; Heptachlor;
Hexachlorobenzene; Isodrin; Methoxychlor; Octachlorostyrene*;
Pendimethalin; 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
     Lead and Lead Compounds-On January 17, 2001, EPA published
a final rule which lowers there 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).

Toxics Release Inventory (TRI) Public Data Release

     EPA released the 1999 TRI Data on April 11, 2001.  TRI summary
information and data access is  available via the web at The TRI 1999 Data Release (TRI99) website
provides fast and easy access to the data overview and relevant TRI
information (including tables, charts, maps, and press materials). The
TRI data can be accessed using the TRI Explorer
( as well as several other tools available on
the TRI website. EPA also released two publications summarizing the
1999 data: the  1999 TRI Public Data Release report: and the 1999 State
Fact Sheet report.  These documents are available on the TRI99 website
noted above or by  calling the EPA National Service Center for
Environmental Publications (NSCEP) at 800-490-9198 (reference EPA
260-R-01-001 for the Public Data  Release report; and EPA
260-F-01-001 for the State Fact Sheets). The Toxic Release Inventory
1999, Executive Summary (11 pp.) is available as Item K-66.
     The  1998  TRI Public Data Release report was released in May
2000. Similar to the 1999 data access page, the 1998 Data Release
(TRI98) website provides fast and easy access to the data overview and
relevant TRI information (available at Both the
1998 TRI Public Data Release report and the 1998 Public Data Release
State Fact Sheet report are available on the TRI98 website noted above
or by calling the EPA National Service Center for Environmental
                                               JANUARY 2002

 Publications (NSCEP) at 800 490-9198 (reference EPA 745-R-00-007
 for the Public Data Release report; and EPA 745-FOO-003 for the State
 Fact Sheets).  The 1998 Toxic Release Inventory (TR1) Data Summary,
 •EPA 745-R-00-002, May 2000 (48 pp.) is available as Item K-64.
 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  703-412-9810). More
 information is also available via the TRI website at

       Toxic  Substance  Control Act (TSCA)

 Lead: Notification Requirements  for Lead-Based Paint
 Abatement Activities and Training

     A rule is being proposed to establish notification procedures for
 lead abatement professionals conducting lead-based paint activities, and
 training programs providing lead-based paint activities courses.
 Specifically, the rule seeks to establish procedures to notify the Agency
 prior to commencement of lead-based paint abatement activities as
 required by 40CFR745.227(e)(4). In addition, this rule seeks to
 establish provisions which would require training programs accredited
 under 40CFR745.225 to notify the Agency  under the following
 conditions: (1) prior to providing lead-based paint activities training
 and (2) following completion of lead-based  paint activities courses.  FR
 1/22/01, Page 7207-16. ItemE-58

 Lead: Management and Disposal  of Lead-based Paint

     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 was
 published in the FR 12/18/98, pp 70190 and 70233. Subpart P Item E-

 Lead:  Disposal of Residential Lead-Based Paint Waste

     A direct Final Rule has been published to allow residential lead-
 based paint waste to be disposed of in construction and demolition
 landfills, effective January 22, 2002.  The rule adds a definition which
 states: "Residential lead-based paint waste means waste generated as a
 result of lead-based paint activities (including abatement, rehabilitation,
 renovation and remodeling) in homes and other residences.  The term
 residential lead-based paint waste includes, but is not limited to, lead-
 based paint debris, chips, dust and sludge. Not included is LBP waste
 from non-residential structures such as public and commercial
 buildings, warehouses, bridges, water towers and transmission towers.
 Also, not included in the residential LBP waste definitions are
 residential LBP demolitions and deconstruction waste. EPA does not
consider demolition and deconstruction waste to be household since it
 is not similar to those wastes generated by a consumer in the home in
the course of daily living.  FR Oct 23, 2001, Page 53535-53542, 40
CFR Parts 257 & 258.  Item E-48

Lead:  Lead-based Paint Activities: Training and
Certification for Renovation & Remodeling: Prerule Stage

    The Toxic Substance Control Act, Title IV, Section 402(c) directs
 EPA to address renovation and remodeling activities by first
 conducting a study of the extent to which persons engaged in various
 type of renovation and remodeling activities are exposed to lead in the
 conduct of such activities or disturb lead and create a lead-based paint
 hazard on a regular basis.  Section 402(c) further directs the Agency to
 revise the lead-based paint activities regulations (40 CFR part 745
 subpart L) to include renovation or remodeling activities that create
 lead-based paint hazards.  In order to determine which contractors are
 engaged in such activities the Agency is directed to utilize the results of
 the study and consult with the representatives of labor organizations,
 lead-based paint activities  contractors, persons engaged in remodeling
 and renovation, experts in health effects, and others.


 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) announced the first round of NELAP
 accredited laboratories on January 24, 2001. There were nearly 800
 laboratories that 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.

     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
     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 Accreditation Systems-General
Requirements For Operation And Recognition". The NELAC standards
are currently undergoing revision to comply with ISO/IEC Standard
     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 a NELAP
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
                                             JANUARY 2002

accommodate the various operational procedures and processes of the
states under the regulatory programs delegated to the states by EPA.
     The 800+ laboratories that are now NELAC accredited range from
small municipal to large commercial environmental laboratories.
NELAC is focusing on an outreach program to address the needs of the
over 5,000 smaller commercial labs that are not in .the program and is
presently preparing a documentation package specifically designed to
help small labs meet NELAC requirements.

     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.

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. By October 1, 2001, 164 private sector environmental
technologies had been verified, 82 additional technologies were in the
testing process, and another 120 had submitted applications for testing.
Information on the ETV program may be  accessed  at the ETV  web site:
    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 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 Teresa Harten who may be reached
at, or at 513-569-7565.

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 Office of
Water, in conjunction with several other Agency offices, has produced
a revised version of a Guide to EMS implementation that specifically
meets the needs of these types of organizations.  The revised 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 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.  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. Collaboration has
been expanded to include OW, OECA, OPPTS, and OPEI. The contact-
person is Jim Home (202-564-0571).  For copies of the Guide, call 1-
800-368-5888 and request Item B-12.

EPA's National Environmental Performance Track
Program Continues to Add New Members

     Launched in mid-2000, EPA's National Environmental
Performance Track Program provides recognition and incentives to top
environmental performers.  It is open to facilities of all types, sizes, and
complexity;  public or private; manufacturing or service-oriented.
Current membership totals 250 facilities; EPA is reviewing an
additional 50 facility applications and expects to announce the new
members in late January, 2002. Facilities are selected based on their
systematic approach to environmental management, commitments to
continuous improvement, a  sound compliance history, and a
willingness to reach out to the community. Of the current membership,
approximately 8% have fewer than 50 employees, 11% have 50-99
employees, and 28% have 100-499 employees.  Additional information
on the Program, including application materials, can be found at or call 1-888-339-PTRK
    To help build the capacity of small businesses who might be
interested in joining the Performance Track Program, EPA is has been
engaged in the Performance Track Assistance Project (PTAP). Under
PTAP, EPA is working with a number of small business  trade
associations and other stakeholders to provide assistance to those that
would like to participate in the Performance Track Program but are
presently unable to meet the requirements. The effort addressing the
four pillars of the Performance Track: Environmental management
systems (EMSs),  continuous improvement, community outreach, and
sustained compliance.
    To date, PTAP has focused on helping trade associations work
with their members to develop "better than compliance" environmental
management systems (EMSs) that will meet the requirements of the
Performance Track Program as well as help members reduce costs,
increase competitiveness, and protect the environment. This effort
includes EPA representatives from the Small Business Office, the
Compliance Assistance Program, the Design for the Environment
Program, the Sustainable Industries Program and the Performance
Track Program. As a part of this effort, we are:
>   developing the Pathfinder CD that will provide trade associations
    with ready access to the information they need to develop sector-
    specific EMS guidance for their members;
>•   working with a number of trade associations to review their EMS
    guidance and help them improve their guidance as needed;
>   developing EMS materials useful to trade associations for
     engaging their members in developing EMSs and EMS marketing
    tools addressed to higher management in companies; and
*•   revising the existing EPA EMS web page at to
    better reflect current EPA EMS activities.
For additional information on PTAP, contact Tim Stuart, ph. 202-260-
0725, e-mail:

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 and
                                              JANUARY 2002

 the State Small Business Home Page
 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.  EPA had undertaken an effort to
 revise these rules by consolidating the two GLPS into one rule.
     EPA has suspended work on the consolidation effort indefinitely
 pending the outcome of international efforts to develop GLPS.

 Resource  Guide For Small Business Environmental

     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 only  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. See Item B-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;
         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 its 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 OASBO Item C-2)
The 2002 national conference for Small Business Ombudsman and
Small Business Assistance Programs has been scheduled for June
30 - July 3, 2002 at the Westin Michigan Avenue Hotel in Chicago.

The annual conference for the Clean Air Act, Section 507 program
will start with training for Compliance Advisory Panel members on
Sunday, June 30, 2002.

Sessions for state ombudsmen and small business assistance
program staff start July 1 and will be broken out into different
tracks for newcomers, technical issues, and professional
development.  Attendees are encouraged to stay the evening of July
3 for the fireworks over Lake Michigan and to participate in the
Taste of Chicago, which coincides with the Annual Conference.

The Section 507 program helps small businesses understand and
comply  with the regulations of the Clean Air Act while remaining
economically competitive.

For more information about the conference, contact Roslyn
Jackson at 217/524-0169 or at

"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 treated ourselves!)"

All these guidelines  are saying the same thing:
Concentrate on the customer.  "You can't make many catches if you
take your eyes off the ball."
                                             JANUARY 2002

Update on  EPA Public Involvement Policy Activities

The Environmental Protection Agency (EPA) released the Draft 2000 Public Involvement Policy on December 28,
2000 and received public comments through July 31, 2001.  The Policy will provide guidance and direction to EPA
officials on effective means to involve the public in its regulatory and program decisions.

To encourage additional input on EPA's public involvement activities, the Agency sponsored an Internet -based
Dialogue on Public Involvement in EPA's Decisions from July 10 - July 20. People participated in the Dialogue from
all 50 states, two territories, five Canadian provinces, and several other nations.

For 10  days the 1,144 participants discussed specific topics drawn from EPA's draft Public Involvement Policy.
Each day a panel of experts launched the discussion with their messages, -and participants responded with their
ideas and descriptions of their public involvement experiences. -Each day a different group of EPA hosts responded
to questions and comments from  participants. Among the topics discussed were the following:

        Identifying and involving the public, including those hardest to reach;
•        Providing information to  the public;
        Creating effective public involvement opportunities during rulemaking and permitting;
        and Encouraging collaborative processes

The Dialogue brought individual interested citizens,  representatives of industry, environmental groups, small
business, states, local governments, tribes, and other groups together in an open exchange of ideas and
experiences.  The  Agency received good, specific input that will be used when implementing the Public Involvement
Policy.  Participants shared excellent suggestions for improving access to information; finding all the people who
should  be informed and providing the appropriate information to encourage participation; good methods for
improving public meetings and involving people in permit and rule processes; appropriate technical and financial
assistance; ideas for improving collaboration at the local, regional and national levels; thoughts on evaluation
methods, and more. Messages also provided information about process and cultural barriers that inhibit public

The Dialogue site can no longer accept messages, but the background materials and all the messages are available
for review.  Since the event, EPA organized postings from the Dialogue into various tables, based on content. One
set of tables contains Dialogue excerpts that discuss ideas for improving public involvement at EPA. The other set
contains Dialogue  participants' descriptions of public involvement experiences that were not ideal - the problem
areas.  In addition,  a separate table contains all  postings that discuss tribal public involvement issues.  Topics
covered include: technical and financial assistance,  collaboration, evaluation/accountability, local sites, outreach,
permits/rules, policy goals, states/tribes/locals governments, whom to involve, EPA restrictions, information access,
and obstacles to involvement.

At the same time that EPA staff were analyzing public comments on the draft Public Involvement Policy and
convening the online dialogue, they also prepared a draft Implementation Plan for the Policy. The Implementation
Plan contains recommended actions that will help to ensure that the Policy is applied across EPA..  It should be
released for comment in the Federal Register in December. A cross-agency workgroup created the draft Plan, which
includes recommendations for providing public involvement training for EPA staff, creating mechanisms to share
information  about public involvement practices and ideas, and evaluating EPA's public involvement activities. The
online Dialogue provided excellent input to enhance the draft Plan, such as identifying best practices that EPA
should  use and areas where staff training could improve EPA's practices.  The draft Plan also lists particular
responsibilities for  implementing the Public Involvement Policy and describes activities to ensure that EPA staff and
management fully  understand and support the Policy. The draft plan will be available in December on EPA's  website
@ [] in the What's New area.  Comments will likely be accepted through January

EPA expects to revise the draft Implementation Plan based on public comments and then issue it along with the
Final Public Involvement Policy during the Spring of 2002.  When issued, the Plan  will not be final;  periodic updates
will be posted to the website. Both the Final Policy and the Plan will be posted @ [].

Call Loretta Schumacher at 202-260-3096 for printed copies of the Draft Implementation Plan, or request e-mail
copies  from  You may submit comments on the draft Implementation Plan by mail to Patricia
Bonner, USEPA -  Office of Policy, Economics and Innovation (MC 1807), 1200 Pennsylvania Ave NW, Washington,
DC 20460, or e-mail comments to

      Developing environmental regulations is one of EPA's principal tasks.
These actions must be based on the best possible scientific, economic, legal and
policy analyses. In fact, much of EPA's environmental success and
organizational credibility is directly linked to the quality of this work.
Recognizing the importance of this activity, EPA recently re-evaluated its
regulation development process. Based on this process review, the Agency is
now taking actions to improve our regulation development process.

      EPA is focusing on four areas:

      -     Better  Science and Economic Analysis
      -     Broader Consideration of Policy Options
      -     Greater Accountability
      -     Better  Management of Significant Non-Regulatory Decisions

      To strengthen the quality and consistency of the science and
economics supporting EPA decisions, the Agency is working to better
integrate our scientists and economists throughout the process. Specifically,
EPA is placing renewed emphasis on early consideration and planning for
analytic needs. The focus will be on what information is available and what
must be developed to support specific regulations. To  add accountability for
science and economics, EPA has named the Assistant  Administrator for the
Office of Research and Development as the EPA Science Advisor and the
Associate Administrator  for the Office of Policy, Economics and Innovation as
the Economics Advisor to provide leadership and senior-level consultation on
these issues.

      To ensure thorough consideration of reasonable policy options, EPA is
sharpening its analysis of alternatives, looking at a wider range of regulatory
options, and consulting more effectively with Agency  advisory groups, as well
as with state, local and tribal governments, and other external stakeholders.
EPA believes more thorough consideration of policy options will help us
achieve the best environmental outcomes  at acceptable costs. And it will foster
a more thoughtful evaluation of innovative alternatives and market-based
approaches to achieving our environmental goals - a course we must pursue if
we are to make significant progress against increasingly intractable
environmental  problems.

      The third area of emphasis, providing greater management
accountability, will help  the Agency ensure that we are correctly following our

system as we undertake rule-writing. Our regulations can only be as good as
our system for developing them. Individual program offices (e.g., Office of Air
and Radiation) will continue to have primary responsibility for developing
quality regulations. To support development of priority actions, representatives
of cross-media offices will focus on science (Office of Research and
Development) policy and economics (Office of Policy, Economics and
Innovation), legal analysis (Office of General Counsel), and enforcement and
compliance. EPA is also evaluating its internal regulation development tracking
system to identify potential improvements for improved managerial

      The final area of improvements, better management of significant
non-regulatory activities addresses the way we produce important policies,
guidance, and strategies outside of regulations. As a first step, EPA is
examining its regulation development process to decide whether it needs any
adjustment to make it fit our non-regulatory action agenda.

      In terms of small business, each of these focal points has imbedded
benefits for small business.  Improving the scientific underpinnings for all our
rules will also help assure that we are identifying analytic issues which may
vary across the population of regulated entities. Similarly, better economic
analysis will promote better development of regulatory alternatives to address
the financial challenges confronting small business.

      We will also continue to emphasize the implementation of the
Regulatory Flexibility Act (RFA) as amended by the Small Business
Regulatory Enforcement Fairness Act (SBREFA). Under this law we work with
the Small Business Administration (SB A), the Office of Management and
Budget (OMB), and Small Entity Representatives (SERs) to evaluate potential
regulatory options and identify alternative approaches more appropriate for
small entities. Small entity compliance guides are also prepared for actions that
most directly affect small business.

      Complementing our RFA/SBREFA efforts are other outreach to and
partnerships with those able to contribute outside expertise to our regulatory
knowledge base, because we know that many common sense solutions lie with
people closest to the problems. For example, the Deputy Administrator is
planning to meet periodically with small business representatives to hear about
potential opportunities or concerns about particular policies or regulations.

For more information contact Ken Munis, USEPA, Office of Policy,
Economics and Innovation at (202) 564-7353

                  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 businesses and other small entities. The Act is comprised
 of the following six key areas:

        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

        Equal Access To Justice Act 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, waive civil penalties for minor violations under certain

        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. SBA's Office  of Advocacy and the Office of Management and
        Budget aid this process.

        Regulatory Enforcement Reforms: The Act created the Small Business and Agriculture
        Regulatory Enforcement Fairness Ombudsman. In August, 2001, President Bush appointed
        Michael L. Barrera as National Ombudsman. The Act also created the Regional Regulatory
        Fairness Boards, the members of which assist the National Ombudsman in receiving small
        businesses' comments about enforcement activities of federal regulatory agencies. The appointed
        Fairness Board members 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 Regulatory 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 of the regulatory agencies to small business regional and program offices..
Regulatory Enforcement Ombudsman
•  Receives comments from small businesses on federal
  agencies' compliance and enforcement actions
•  Reviews small businesses' comments
•  Reports annually to Congress
10 Regional Fairness Boards
•  Members are small business owners/operators
•  Report to the National Ombudsman about comments and
  issues specific to their regions
•  Contribute to the annual report to Congress
For additional information about the Ombudsman or the Regulatory Fairness Boards, call SBA's toll free
number: 1-888-REG-FAIR or visit their Web site at

Regions/Members July, 2001
Region 1
Roxanna Adams**
Atlantic Awards, Inc
840 Hammond Street
Bangor, ME 04401
(207) 942-6464
Region 2.
Joan Haberle*
Joan Haberle Agency
# 1 S. Main Street
Lambertville, NJ
(609) 397-9606
Region 3.
Wilkins McNair, Jr*
Wilkins Acctg. Firm
201 N. Charles Street
Suite 9 10
Baltimore, MD 21201
Region 4
Jeffery Adduci**
Regional Invest
171 Church Street
Suite 260
Charleston, SC 29401
(843) 577-2000
Region 5.
Hardie Blake*
Bethel Business, Inc.
11 8 Lincoln Way E.
Mishawaka, IN 46544
Region 6.
Larry Mocha
Air Power Systems Co, Inc
8178 E. 44lhSt
Tulsa, OK, 74147
Region 7.
Scott George
Mid Amer Dental Hearing
and Vision Center
1050 W. Hayward Drive
Mt Vemon, MO 65712-9503
Region 8.
Donna Davis**
Eagle Butte Co-op
P.O. Box 370
Eagle Butte, SD
(605) 964-2226
Region 9.
Joseph Cerbone
Travis Morgan Sec.
1 8952 McArthur Blvd
Suite 3 15
Irvine, CA 92612
Region 10.
Keith Saltier*
Saltier & Heslop
718 6"' Street
Prosser, WA 99350
(509) 786-2404
Dr. Vinh Cam, Ph.D. Global
P.O. Box 31 134
Greenwich, CT 06831
Sandra Lee
Harold. Lee Insurance
31 Pell Si.
New York, NY 10013
Kenneth Rodriguez
Rodriguez Enlerprises
po box 3 89
Sewickley, PA 15143
Robert G. Clark V
Clark Communi. Corp.
149 N. Hanover Ave
Lexington, KY 405023
(606) 233-7623
John Hexter
Hexler & Associates, Inc
Cleveland, OH 44 122-2049
Massey Villarreal
Precision Task Group, Inc.
9801 Westheimer, Ste 803
Houston, TX 77042
(713) 781-7481
Alonzo Harrison
HDB Construction, Inc.
729 Wear Ave
Topeka, KS 66607
Linda Nielsen
Glasgow Stockyards Inc
HC67Box 175
Nasua, MT 59248
(406) 228-9306
FCathy Chavez Napoli
Santa Clara Truck Wreckers
795 Comstock St
Sanla Clara, CA 95054
(408) 727-6655
Clyde Slryker
Spirit Communications
20493 SW Avery Ct
Tulatin, OR 97062
Larry E. Morse
Docu-print, Inc
1 0 Boyd Avenue
E. Providence, RI 02914
E. Peter Ruddy C
WESTNY Bldg. Product
2580 Walden Ave.
Buffalo, NY 14225
Shawn M. Marcell, Pres.
Prima Facie, Inc.
1006 W. 8* Ave, Ste A
King of Prussia, PA 19406
Rila P. Milchell
Edward Jones Investment
7 1 8 Thompson Lane
Nashville, TN 297-6960
Donald Magett
Magic P.I. & Security
529 Northhampton Rd
Kalamazoo, MI 49006
David Martinez
D&D Machinery & Sales
2420 WR Larson Rd
San Antonio, TX 78261
Stella J. Olson
Slat Enlerprises Svc, Inc.
4444 Vaile
Florissant, MO 63034
Mary Thoman*
Thoman Ranch
HC65 Fontenelle Roule
Kemmerer, WY83101
Tim Moore
Old Lahaina Cafe & Luau
505 Front St
Lahaina, HI 96761
(808) 667-2998
Gretchen Mathers
Gretchen's of Course
1333 5" Avenue
Seattle, WA 98134-2019
Judity Obermayer
Obermayer Associates
239 Chestnut Street
West Newton, MA 02 165
Phyllis Hill Slater
Hill Slater, Inc.
45 N. Station Plaza
Great Neck, NY 11021
Ann P. Maust, Ph.D.
Research Dimens, Inc.
1108 E. Main St., #1000
Richmond, VA 232 19
Leroy Walker, Jr.
LTM Enterprises
2310 Hwy 80 W
Jackson, MS 39204
Thelma Alban
Stevenson Associates.
680 N. Lake Shore Drive
Chicago, IL 606 11
Diane D. Denish
The Targel Group
1 303 San Pedro Dr
Albuquerque, NM 87110
(505) 266-4004
Daniel Morgan V
Morgan-Davis, Inlern'tl
Morgan Ranch
HC79 Box 42
Burrell, NE 68823
(308) 346-4394
Albert C. Gonzales
Gonzales Consulting Svc.,
633 17* St, Ste 1600
Denver, CO 80202
Thomas Gutherie*
So. Nevada. Certified
Development Corp.
2770 S. Maryland Pkwy
Suite 21 2
Las Vegas, NV 89109
(702) 732-3998
Morris Thompson
Doyon Limited
201 1" Avenue
Sle 300
Fairbanks, AK 99701
(907) 459-2000
Ronald Williams*
W&R Bus. Affiliates.
Hartford, CT 06120
Manuel Cidre**
Pasteleria Los Cidrines
Rey Federico
257 Villas De Torrima
Guaynabo, PR 00965
(787) 9732
Victor N. Tucci
3 River Hlth & Safely, Inc.
406 Edwards Road
New Kensington, PA 15068
(412) 826-5599
Livia Whisenhunl*
PS Energy Group, Inc.
2957 Clairmont Rd
Suite 510
Allanta, GA 30359
Reid J. Ribble, President
The Ribble Group, Inc.
2550 Progress Way
Kaukauna, WI 54130
(920) 766-7904
Wallace Caradine **
Caradine & Co.
2200 S. Main Street
P.O. 16430
Little Rock, AR 72206
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
Minnewaukan, ND 58351
C. K. Tseng
Northbridge Travel
9700 Reseda Blvd.
Northbridge, CA 91324
Serena McAlvain
McAlvain Construction, Inc
5559 W. Gowen Rd.
Boise, ID 83709
(208) 362-4356
 *=Vice Chair

                            Regulatory Flexibility Act (RFA)
        Small Business Regulatory Enforcement Fairness Act (SBREFA)
                 Tom Kelly, EPA's Small Business Advocacy Chair

        Over the past year or so, thanks to Karen Brown, EPA's Small Business Ombudsman, I have
 used this space to apprize you of our activities under the Small Business Regulatory Fairness Act of 1996
 (SBREFA). As I've mentioned, the Regulatory Flexibility Act (RFA) requires all regulatory agencies of
 the Federal Government to reach out to small businesses and communities subject to upcoming rules,
 analyze the likely impact of those rules on these small entities, and identify alternative regulatory
 features that will minimize burden on small entities, while still allowing the agency to meet the stated
 objectives of the substantive statute.  The exception to this requirement comes when the agency can
 certify that the rule, if promulgated, would not impose a significant economic impact  on a substantial
 number of small entities.

        While the premise of the Regulatory Flexibility Act is simple in theory, it can be difficult to
 carry out in practice.  Note that a central requirement is to "meet the  stated objective of the statute,"
 meaning the Clean Air Act, Clean Water Act, or any of the other eleven environmental statutes for which
 EPA is responsible. But the unwritten expectation of the RFA is that the agency should treat small
 businesses differently from their bigger counterparts. What happens when the environmental statute
 requires a single, one-size-fits-all technical standard that will not admit of differentiation based on the
 size or capitalization  of the business? How does an agency minimize burden on small businesses without
 sacrificing the effectiveness of the entire rule?

        There are a number of different tactics EPA employs in these circumstances, but  they all amount
 to setting requirements that favor the likelihood that small business will benefit disproportionately,  even
 though the imposition applies across the board. Here are a couple of such devices.

        Sub-Categories. Occasionally a regulation will cover a broad array of industrial categories
 (such as under a Federal Implementation Plan under the Clean Air Act), or a single industry that may
 employ multiple production methods (such as under a rule governing toxic air emissions). In such a
 case, EPA may set different technical standards for each category or sub-category of sources so that the
 emission limits are appropriate to the circumstances.  Although the justification for each sub-category
 must be based on environmental and engineering considerations, there sometimes exists a correlation
 between a particular (low-tech) production technology and the likelihood it is employed primarily by
 small operations.  In such cases, EPA may meet the stated objectives of the statute by establishing a sub-
 category that requires standards affordable to the small businesses that typically populate that group.

       Exclusions. In some cases (such as Effluent Limitation Guidelines - ELG - under the Clean
 Water Act), EPA may elect not to regulate sources or dischargers that process wastes that fall within a
 certain threshold.  For example, many ELGs have "low-flow" exclusions that shield dischargers from
 regulation so long as they discharge less than a certain minimum of gallons of wastewater annually.  The
justification for the exclusion is typically that low flows at known concentrations represent relatively
 little risk to the environment, and they do not warrant national regulation. However, low  flows are also
 typical of small operations, and that coincides with a preponderance of small businesses.

       Where there's a will, there's a way, and EPA has the will to accommodate small business needs
 and interests whenever possible within the constraints of the overlying environmental  statute.

           Update on the Office of Environmental Information

The Office of Environmental Information (OEI) supports the Agency's mission to
protect public health and the environment by integrating quality environmental information to make it useful for
informing decisions, improving management, documenting performance, and measuring success. Working with our many
different internal and external stakeholders and partners, OEI helps establish and oversee information-related policies and
procedures that reflect the concerns of small businesses; local, state, and federal government; tribes; interest groups; and
the general public.

In November, President Bush appointed Kim Nelson as EPA Assistant Administrator for the Office of Environmental
Information (OEI). In this position, she will be the Agency's Chief Information Officer with responsibility for data
collection, analysis and exchange, including public access to information, the Toxics Release Inventory, and management
of the agency's information technology operations. Previously, Ms. Nelson was Executive Deputy Secretary of the
Pennsylvania Department of Environmental Protection, in which she has  also served as Director of Program Integration
and Effectiveness and as Chief Information Officer. She holds a bachelor's degree from Shippensburg University of
Pennsylvania and a Master of Public Administration degree from the University of Pennsylvania. Ms. Nelson will work
closely with other Federal Chief Information Officers to realize the full potential of electronic-government in making
Federal systems and  processes more efficient and less burdensome.

The American public expects government to follow the private sector in implementing information technology. This
transition will allow  for transparent access to environmental information and improved customer service. In 1998, the
State/EPA Information Management Workgroup (IMWG) proposed a vision and core operating principles for creating a
partnership for collaborative environmental information management. Since then, a more specific vision for this
partnership has been designed in the form of the National Environmental  Information Exchange Network (Network).
Implementation  of the Network will create a "standards-based" lexicon of environmental information. This will allow
EPA to 1) improve the capacity to conduct cross-media, integrated, results-based approaches to environmental  protection;
2) rationalize the environmental reporting process and thus reduce burden on the regulated community; and 3) facilitate
the Agency's transition to electronic government.

The Environmental Protection Agency has established  a single portal on the Web for all environmental data entering EPA.
Called the Central Data Exchange (CDX), it offers companies, States, Tribes and other entities a faster, easier, more
secure reporting option. CDX provides built-in data quality checks, web forms, standard file formats, and a common, user
friendly approach to  reporting data across vastly different environmental programs. CDX will  help small businesses by
reducing reporting burden and associated costs, ensuring a secure electronic environment, and enabling automated,
machine to machine  transactions, thus eliminating redundant data entry. In addition, CDX will offer faster, easier click-
and-send reporting with one consistent point of entry for reporting, one streamlined set of procedures, and one password.

EPA's Toxic Release Inventory program has just completed a round of workshops in several regions of the country for the
owners and operators of facilities required to report their use of lead and lead compounds to EPA.  The owners and
operators of all facilities subject to TRI reporting requirements will be able to use Version 2.0 of "TRI-ME - Toxic
Release Inventory Made Easy" starting in Spring, 2002. TRI-ME guides  facilities through the process of preparing their
data submissions. Watch EPA's TRI web site: www.epa.aov/tri for future updates on the availability of this powerful,
"intelligent" reporting software application. All facilities that have reported data to TRI during the past two years will
receive a  copy of the reporting forms and instructions and a CD-Rom containing the TRI-ME software.

EPA is initiating a multi-year, science-based process to develop a comprehensive framework for assessing metals that
could be the basis for future Agency actions. EPA will begin by developing an Action Plan that will identify the primary
elements that should be addressed in a cross-Agency metals assessment framework and set out a process for developing
the framework.  This framework will establish guidance for EPA programs to use when considering the various
environmental properties of metals, such as persistence, bioaccumulation  and toxicity, in assessing the hazards and risks
of metals and metal compounds.  The process will include multiple opportunities for stakeholder participation and for peer
review and expert consultation by EPA's Science Advisory Board (SAB). EPA intends to  submit the Action Plan to the
SAB for consultation in April 2002.

Upon conclusion of the SAB's consultation, the Agency will develop the framework and guidance for the evaluation of
metals and metal compounds. The Agency plans to submit the framework for peer review by the SAB.  At the same time,
EPA also plans to submit to the SAB the specific issue of whether the application of the PBT chemical framework used in
the TRI lead rulemaking would result in a classification of lead and lead compounds  as highly bioaccumulative. EPA
anticipates the SAB will complete its review on both issues by June 2003.

To leam more about  OEI, the National Environmental Information Exchange Network, or CDX, visit the OEI website at For further information contact: Small Business  Liaison, Gene Stroup, (202) 564-5716.

                  What's New in Chemical Accident Prevention
                                    Breeda Reilly
         EPA's Chemical Emergency Preparedness and Prevention Office
                                December 20, 2001
Regulatory Developments

• Tier2 Submit Reporting Software
  We are working with the National Oceanic and Atmospheric Administration (NOAA) to
  replace the Tier II for Windows software by the end of December, 2001 (in time for the March
  1, 2002 reporting deadline). Tier II reports are required under the Emergency Planning and
  Community Right-to-Know Act (EPCRA) and provide information to state and local officials,
  responders, and the public on chemical inventories in covered facilities.  Tier2 Submit will be a
  free software program that facilities may choose to use for EPCRA Tier II submissions in
  states that allow the use of the software. We will use the weekly email updates to keep
  subscribers informed of developments.

• Search Consolidated List of Regulated Chemicals ("List of Lists ") Online
  The List of Lists: Consolidated List of Chemicals Subject to the Emergency Planning and
  Community Right-to-Know Act (EPCRA) and Section 112(r) of the Clean Air Act is now
  searchable online by chemical name or by Chemical Abstract Service (CAS) number. The
  searchable option is found at The  printed version of this document is
  also available online in a PDF file for printing and is found at:  (See the end of this note for information on how to
  order a printed copy though the National Service Center for  Environmental Publications.)

Chemical Safety Alerts: Sharing lessons learned

• Reactive Material Hazards: What You Need to Know (October, 2001), Available from
  Center for Chemical Process Safety (CCPS) The American Institute of Chemical Engineers
  Center for Chemical  Process Safety (CCPS) has published a new safety alert that addresses
  the safe handling of reactive materials and identifies key questions that should be addressed
  when designing a new facility or when making changes or bringing in new materials into
  existing operations. The document is written to be easily understood by non-technical staff
  and can be obtained by downloading it from the CCPS website:

• Chemical Accidents from Electric Power Outages (EPA 550-F-01-010, September 2001)
  Chemical process equipment can be affected both by the initial loss of power and the
  subsequent restart of operations when power is restored. This alert focuses on planning for the
  safe startup of operations after power is restored.

• Hazards of Ammonia Releases at Ammonia Refrigeration Facilities (Update)
  (EPA 550-F-01-009, August 2001) An update of the popular 1998 Chemical Safety Alert, this
  document discusses the potential hazards of accidental releases of ammonia and steps that can
  be taken to prevent releases.

Site Security

• Chemical Accident Prevention Prevention: Site Security (EPA-K-550-FOO-002, February
  In light of September 11, EPA re-issued this alert which highlights sources of information to
  assist businesses in their efforts to have secure and accident-free operations.

• Through a partnership of the American Chemistry Council (ACC), the Chlorine Institute, the
  Synthetic Organic Chemical Manufacturers Association (SOCMA), and National Association
  of Chemical Distributors (NACD), the chemical industry has recently published several guides
  related to site security, including, Site Security: Guidelines for the U.S. Chemical Industry,
  October 2001 and Transportation Security:  Guidelines for the U.S. Chemical Industry,
  November, 2001. These guides (in Adobe Acrobat pdf format) are available from the partner
  trade association websites. The American Chemistry Council (ACC) web site is and general phone number for ACC is703-741-5000.


As you know, CAMEOfm is available free of charge by downloading from the Internet. The
National Oceanic and Atmospheric Administration (NOAA) reports that between 700 and 1000
copies of CAMEO are downloaded each month.  A new version, CAMEOfm is anticipated to be
available for downloading in February 2002. This new version is developed in FileMaker, and
will include the Reactivity module. As soon as CAMEOfm is available, we will use the CEPPO
email updates to notify subscribers.
For additional information about EPA's risk management programs:

Visit the CEPPO Website:

Our publications are available (in Adobe Acrobat pdf format) from the website.

To order publications, Contact the National Service Center for Environmental Publications
  By E-Mail:
  By Fax: (513) 489-8695, 24 hours a day, 7 days a week.
  By Phone: 1-800-490-9198 or in Cincinnati (513) 490-8190

For regulatory questions or to order publications, contact the RCRA, Superfund &
EPCRA Call Center:
  By Phone: 1-800-424-9346 or in DC metro area (703) 412-9810
  TDD: 1-800-553-7672 or in DC metro area (703) 412-3323

Subscribe to our weekly e-mail updates:
8)  Send an e-mail to:
9)  Leave the subject area blank.
10)  Type the following in the body of the message
    subscribe EPA-CEPP  Your First Name Your Last Name
11)  Within  24 hours, you should receive confirmation.

Contact: Breeda Reilly at (202) 564-7983 or


    Small businesses have a variety of ways to find solutions to problems and disputes with US EPA.
Except in the case of criminal investigations or complaints, the alternatives to the courts include a range
of processes collectively called Alternative Dispute Resolution or ADR.  ADR is a term that is used for
a variety of dispute resolution processes that involve a "neutral third party" who assists the people
involved in a dispute in designing and conducting a process for reaching agreement without going to
court. Examples of ADR techniques include facilitation, mediation, fact-finding, non-binding arbitration
and of course, use of ombuds such as the Small Business Ombudsman Office.  In 1996 Congress passed
the Administrative Dispute Resolution Act which promotes the use of Alternative Dispute Resolution by
federal agencies.

    On December 18, 2000, the U.S. Environmental Protection Agency issued its final policy on
Alternative Dispute Resolution (ADR) in accordance with the Administrative Dispute Resolution Act of
1996 .  EPA's ADR policy reflects strong support for the use of ADR in a wide variety of internal and
external Agency disputes.  It discusses the types of situations in which ADR should be considered, how
EPA is organized to support ADR, confidentiality of information in ADR processes, efforts to promote a
commitment to and awareness of ADR within the Agency, and how the success of ADR will be
measured. In accordance with the law and our policy, ADR is not appropriate in cases with criminal
    Some of the goals for using ADR to resolve disputes include:
    •   Faster resolution of issues
    •   More creative, satisfying, flexible and enduring solutions
    •   Reduced costs to resolve a dispute
    •   Improved working relationships between the parties
    •   Increased stakeholder support for Agency programs

    In 1999 the EPA Administrator formed the Conflict Prevention and Resolution Center (CPRC), to
provide comprehensive ADR services throughout the Agency. The CPRC staff, in cooperation with
ADR experts in  other headquarters offices and EPA's ten Regional  offices, provides assistance in
assessing cases for ADR, in designing ADR processes, in identifying and accessing neutral third parties
and in providing training, information and resources to EPA staff and outside parties on the use and
applications of ADR.

    EPA has historically had strong, successful ADR programs involving the negotiation of complex
regulations (regulatory negotiation) and the settlement of Superfund cases.  With the finalization of the
new ADR policy, EPA expects to see an increase in application of ADR techniques to air, water, toxics
and solid waste cases Agency-wide. For example, recently ADR has been used in enforcement and civil
penalty cases handled by the Administrative Law Judges, in designing Brownfields  redevelopment
projects and in permitting appeals cases. Some of these successes can be viewed at CPRC's website

   The Policy and several useful publications including the Resource Guide: Resolving Environmental
Conflicts in Communities and the ADR Accomplishments Report, March 2000 can  be viewed on-line at
ww; They can obtained in hard copy by calling 202-564-2922 or by writing: Conflict
Prevention and Resolution Center, Mail Code 2310A, U.S. Environmental Protection Agency, 1200
Pennsylvania Ave. NW, Washington, DC 20460. CPRC staff are also available for  consultation to
parties interested in exploring use of ADR in preventing and resolving disputes with EPA. Contact:
Robert Ward: 202-564-2911.

Alternative Dispute Resolution Techniques

The ADR techniques listed here are those that are most frequently used at EPA. The list is not intended to be
exhaustive of all possible ADR applications.
•   Convening: Convening (also called conflict assessment) involves the use of a neutral third party to help assess
    the causes of the conflict, to identify the persons or entities that would be affected by  the outcome of the
    conflict, and to help these parties consider the best way (for example, mediation, consensus-building, or a
    lawsuit) for them to deal with the conflict. The convener may also help get the parties ready for participation in
    a dispute resolution process by providing education to the parties on what the selected process will be like.
•   Mediation: Mediation is a process in which a neutral third party (the mediator) assists disputants in reaching a
    mutually satisfying settlement of their differences. Mediation is voluntary, informal,  and confidential. The
    mediator helps the disputants to communicate clearly, to listen carefully, and to consider creative ways for
    reaching resolution. The mediator makes no judgments about the people or the conflict, and issues no decision.
    Any agreement that is reached must satisfy all the disputants.
•   Facilitation: Facilitation is a process used to help a group of people or parties have constructive discussions
    about complex, or potentially controversial issues. The facilitator provides assistance by helping the parties set
    ground rules for these discussions, promoting effective  communication, eliciting creative options, and keeping
    the group focused and on track.  Facilitation can be used even where parties have not  yet agreed to attempt to
    resolve a conflict.
•   Early Neutral Evaluation: Early neutral evaluation allows the parties to a dispute to receive an informal
    neutral evaluation of the strength of each party's position in a matter in controversy.  The evaluation is
    nonbinding, but may be useful in promoting settlement.
•   Consensus Building: Consensus Building is a process  in which people agree to work together to resolve
    common problems in a relatively informal, cooperative manner. It is a technique that  can be used to bring
    together representatives from different stakeholder groups early in a decision making  process.  A neutral third
    party helps the people design and implement their own strategy for developing group  solutions to the problems.
•   Ombudsmen or Ombuds:  An ombudsman (or ombuds) is an Agency official who is authorized to accept
    complaints and look into whether something can be done to address a particular concern. Ombuds do not have
    authority to change decisions, but they try to facilitate responsive solutions to problems raised in complaints.
    There are currently ombuds functions in four programs  at EPA (pesticides, hazardous waste, asbestos, and
    small business).
•   Arbitration: Arbitration is the dispute resolution process most like  a lawsuit where a judge decides the
    outcome.  In arbitration, the parties agree to use a mutually selected decision-maker not associated with the
    courts to hear their dispute and resolve it by  rendering a decision. Arbitration may be a non-binding
    recommendation or it may be a binding decision or award, depending on the agreement reached by the parties
    prior to entering into the process.	
Case Study - General Electric-Pittsfield

The GE-Pittsfield case, which involved a highly-controversial PCB-contaminated site in western Massachusetts,
perhaps provides a unique example of how different ADR approaches can be used in a single case to achieve
different objectives and to reach and involve different audiences.
    First, a team of mediators assisted GE, EPA and eight other agencies in reaching a settlement which addresses
GE's liability and provides for remediation of the site.
    Second, a team of neutral facilitators manages a public dialogue, known as the Citizens' Coordinating Council,
in which neighbors, business interests, environmental groups, and other interested parties have an opportunity to
raise concerns to GE and the regulatory agencies regarding the site cleanup.
    Third, pursuant to the settlement agreement, panels of neutral experts managed by an overall neutral third party
will conduct peer reviews of scientific and technical issues relating to future remedial decisions. One peer review
panel was conducted in May, 2000 with several more in the works over the next year or two.
    Finally, the consent decree which embodies the settlement contains an ADR provision allowing the use of
mediation to resolve disputes arising during the implementation of the settlement.
    In each of these four ADR applications, the parties consensually tailored the process to meet their specific

                   United States
                   Environmental Protection
                                                     Office of Research and
                                                     Washington, DC 20460
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 $ 100,000 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 commitment

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 or product.

EPA will issue three Phase I Solicitations in 2002—Solicitations for Mobile
Sources and for Stormwater will open on January 22, 2002, and close on
March 21, 2002. The third Solicitation will cover all remaining EPA topics
and will open on March 28, 2002, and close  on May 23, 2002.  Last year's
solicitation  describes  the SBIR Program,  application  requirements, and all
research topics. If you need a fax copy or if you have any questions, call the
EPA HELPLINE at: (800) 490-9194. Last year's solicitation also is available at
the  EPA Web  Site. The three new SBIR solicitations will be available as they
open by calling the HELPLINE or by visiting the EPA Web Site at:





EPA's SBIR program provides financial support to help small science- and technology-based firms
develop new environmental technologies and ready them for commercialization. The program targets
research to prevent pollution, reduce water and air pollution, manage solid and hazardous wastes, and
improve environmental monitoring—in  each case, addressing priorities that stem from the Agency's
Strategic Plan. In FY 2002, EPA will issue three (3) Phase I Solicitations. There will be two special
solicitations—Mobile Sources and  Stormwater—and  the regular SBIR Solicitation.  The  special
solicitations are designed to meet the pressing needs of EPA's Office of Transportation and Air Quality
and EPA Region I.  The opening and closing dates are different from the regular solicitation and Phase I
contracts will be awarded for $100,000 over 10 months.  The regular solicitation will cover all other EPA
research topics and it will NOT include mobile sources or stormwater topics. The FY 2002 Phase I
Solicitation Schedule is as follows:

(Subtopics:  Digital Valve Technology for Engines, Heavy Duty Diesel Engine After-Treatment for NOX
and Particulate Matter, On-Vehicle Diesel Fuel Sulfur Control, On-Vehicle Real-Time Monitoring, Air
Toxics Monitoring  and Low Level Particulate Mass Measurement.)

                      PHASE I OPENS:    JANUARY 22, 2002

                      CLOSING DATE:    MARCH 21, 2002

(Subtopics:  Control of Stormwater Runoff and Combined Sewer Overflows (CSOs), In-Situ Treatment
of Urban Sediments and Rehabilitation of Urban Infrastructure.)

                      PHASE I OPENS:    JANUARY 22, 2002

                      CLOSING DATE:    MARCH 21, 2002

REGULAR PHASE I SOLICITATION (Excludes Mobile Sources and Stormwater Subtopics)
(Subtopics:  Nanomaterials and Clean  Technology, Control of Air Pollution, Drinking  Water and
Municipal/Industrial Wastewater Treatment, Solid Waste Recycling, Hazardous Waste Management and
Site Remediation, and Monitoring and Measurement Technologies.)

                      PHASE I OPENS:    MARCH 28, 2002

                      CLOSING DATE:    MAY 23, 2002

Last year's solicitation describes the SBIR Program, application requirements, and all research topics. If
you need a fax copy or if you have any questions, call the EPA HELPLINE at: (800) 490-9194. Last
year's solicitation also is available at the EPA Web Site.  The three new SBIR solicitations will be
available as they open by calling the HELPLINE or by visiting the EPA Web Site at:


  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 refmishing 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, a voluntary partnership program, works directly with
businesses to promote pollution prevention and risk reduction. As part of the DfE Auto Refinish Project
(www.epa.dfe/projects/auto, a DfE team is working with the collision repair industry to increase awareness of the
significant risks and pollution issues associated with spray painting and related activities. DfE encourages the
adoption of cost-effective technologies and best practices that reduce exposure and emissions of toxic chemicals
used in shops, including diisocyanates, a leading cause of occupational asthma, volatile organic solvents, and
hazardous air pollutants.  The result: healthier painters and shop workers, reduced pollution and emissions to the
community,  and increased spray painting efficiencies that will save money.

    Outreach tools include 1) a virtual auto body shop on line at that links to
primary health, safety, environmental and technical information sources, 2) a Best Practices Outreach Kit for site
visits, along with "lessons-learned" training, and 3) technical fact sheets and case studies with practical
pollution/risk reduction  guidance. Recently, DfE sponsored and completed over 35 site visits in
Pennsylvania as part of an outreach effort with the PA Small Business Development Center.
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 If you have an interest  in a future DfE project, please call Carol
Hetfield at 202-564-8792.

                                      EPA Audit Protocols

    EPA has developed 11 compliance audit protocol manuals as part of an on-going effort to assist the regulated
community, including small businesses, in conducting multi-media environmental audits.  The 11 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 (SOW A),  the Toxic Substance Control  Act (TSCA), the Clean Water Act,
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, municipal wastewater facilities under the
CWA 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 eleven 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)

Protocol for Conducting Environmental Compliance Audits for Municipal Facilities under U.S. EPA's Wastewater
Regulations (EPA Document No., EPA-300-B-00-016)

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:  For further information on the protocols, contact Debby Thomas (202)

             Locate compliance assistance
             resources, find experts, view
             upcoming compliance assistance
             projects, and collaborate with your
             colleagues through the  Environmental
             Protection  Agency's (EPA's)
             National Compliance Assistance
What Is the Clearinghouse?
The Clearinghouse is a comprehensive source of compliance
assistance information and resources. Use our web links to
federal, state, local, and other compliance assistance provid-
ers to find the tools you need. The Clearinghouse is also a
virtual community, use it to communicate, share, and
collaborate with your peers.

What Does the Clearinghouse Offer?
Clearinghouse Search Engine
Use the Clearinghouse's search function to find the tools you
need by environmental focus area, industry sector, and
geographic area.

Provider Directory
Use the Provider Directory to quickly find  the phone
numbers  of people that can best help you regardless
of your location.

Virtual  Community
Exchange notes, ideas, and results with colleagues using
topic-specific bulletin boards. Or, create your own bulletin
board and discuss the issues that interest you. This is your
opportunity to seek and share expertise!
Increase the visibility and availability of your compliance
assistance tools. It's easy to add a link from the Clearinghouse
to your work and Website.

Compliance  Assistance Planning
Learn about anticipated compliance assistance projects and
initiatives of EPA and states. Include your planned activities
in the Clearinghouse and let others know what you are
planning. Don't reinvent the wheel — find areas to collaborate
and build on each other's efforts.

Clearinghouse Database Integration
Do you want to add a searchable compliance links collection
to your web site, but don't have the time or budget to main-
tain it? The Clearinghouse is designed to seamlessly share its
information with your web site, allowing you to have full
control over the data to be displayed and its formatting. The
Clearinghouse's innovative data export function uses state-of-
the-art extensible Markup Language (XML) methods to share
it's data with other servers and supports multiple  methods for
retrieving and processing the data using common web
development environments.
                                      For More Information
                                Go to
                         Emily Chow  • 202-564-7071  •
                           Tracy Back • 202-564-7076 •
                              Submit your favorite compliance assistance tools
                                    to the clearinghouse Web site today!

Call for Sessions  Proposals  for the  National
   Compliance  Assistance  Providers  Forum
     Please join the United States EPA, Office Of Compliance and Region 6 at the third National
     Compliance Assistance Providers Forum (Forum) on December 4-6, 2002 in San Antonio, Texas.
     Environmental assistance providers (e.g.  governmental agencies, tribal governments, community
     groups, nonprofit organizations, academia, consultants and trade associations) are encouraged to
     attend the forum to share real life experiences and learn about the latest compliance tools. This is
     your opportunity to learn from your peers and incorporate new ideas and tools into your daily
     work. The Forum will focus on four key themes:

           •   building on the skills and strengths of environmental assistance providers
              designing  a program to provide the best service
           •   linking environmental assistance efforts with meaningful  incentives
              determining if your program is making a difference.

     Help us shape the forum agenda by submitting proposals for session topics by January 18, 2002.
     Please visit h(^://www.mng-ltd-com/cfide/website/ncapfl)2/indexl.htm  to learn  more about the
     forum and to download the session proposal application form.
EPA's Annual Compliance Assistance Activity Plan
    Learn more about where EPA will be focusing its' compliance assistance resources through EPA's
    annual Compliance Assistance Plan (Plan). The Plan includes a comprehensive inventory of EPA
    and EPA funded compliance assistance activities from all ten regional offices as well as numerous
    Headquarters offices. Use the Plan to identify opportunities to collaborate on compliance assis-
    tance  initiatives of  interest to you. Visit
    to view or download the fiscal year 2001 Plan. Or, visit the National Clearinghouse at to search the Plan's project information. The final fiscal year 2002
    Plan will be available in April 2002.
Joanne Berman
Rebecca A. (Becky) Barclay

I     Assistance
Access the Compliance Assistance Centers at
   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.
Helps the automotive service and
repair community identify flexible, com-
mon sense ways to comply with envi-
ronmental requirements, www.ccar-
Provides innovative Web site
features to direct chemical manufacturers to
information resources and plain-language com-
pliance assistance material.
Local Government Environmental
Assistance Network (LGEAN)
Serves as a "first-stop-shop" by providing
environmental management, planning,
and regulatory information for local gov-
ernment officials, managers, and staff.
National Agriculture Compliance
Assistance Center (Ag Center!
Serves as the "first stop" for information
about environmental requirements that  A  Centers
affect the agriculture community.
(This is a government run center)

National Metal Finishing Resource
Center (NMFRC)
Provides comprehensive environ-
mental compliance, technical assistance, and
pollution prevention information to the metal fin-
ishing industry,
                                National Metal Finishing
                                  Resource Cantor
                                   Ml Cote
                                     i Confer
                                                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-
Printed Wiring Board               ซ
Resource Center               •*ซ,,* c.a.,
Provides regulatory compliance and pollution
prevention information to printed wiring board
manufacturers, industry vendors and suppliers,
and others,

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.

Transportation Environmental
Resource Center (TERC)
Provides compliance assistance information for
each mode of transportation - air, shipping and
barging, rail, and trucking.
Fed Site
Serves as the "first stop" for informa-
tion about environmental! laws and
regulations that affect Federal
departments and agencies.
(This is a government run center)
For more information, contact Tracy Back, 202-564-7076 or e-mail:

 What's New With The Centers?
The Centers are continually developing new features to
better serve their customers. Be sure to explore the new
Center developments!
Printers' National Environmental
Assistance Center (PNEAC)
PNEAC has expanded it's vast collection of pollu-
tion prevention and compliance fact sheets. Visit
PNEAC to access 12 new fact sheets:

All types of printing
  •  Waste and Cost Reduction for Small
     Parts Cleaners
  •  Universal Waste Rules and How They
     Affect a Printer
  •  Summary of the EPA Regional Office
     and State Positions Concerning the
     Regulatory Status  of Contaminated
     Shop Towels

  •  Reducing Ink and  Solvent Use in
     Enclosed Flexographic Inking Systems
  •  Management of Aqueous Waste from
     Water-based Flexographic Printing
  •  Anilox Cleaning Systems:
  Preserving Roll Life

  •  Adhesive Systems for Textile
     Screen Printing

  •  Cleaning Up the Cleanup: Shepard
     Poorman's Switch  to Automatic
     Washup for Sheetfed Presses
  •  Case Study: Alcohol Free Fountain
     Solutions at Americraft Cartons, Inc.
  •  Compliance issues for Lithograhpic
  •  Reducing Heavy Metal Content

Local Government Environmental
Assistance Network (LGEAN)          lg$S
Don't miss LGEAN's new environmental Consultants
Directory at and find
consultants performing work in your environmental
and geographical area The Consultants Directory
offers four search options: (1) keyword; (2) service
area; (3) location served; or (4) consultant/company
name. Use the search options separately or combined
to find the consultant that meets your needs.

Also, visit LGEAN's new source water awareness
tool kit developed to help raise community aware-
ness about drinking water protection issues. The tool
kit includes guidelines and sample promotional
materials to help local communities launch a suc-
cessful media campaign.

One of the best ways to protect drinking water from
contamination is to prevent contamination from occur-
ring in the first place. A community can
prevent contamination of its water supply through a
community awareness program that educates citizens
about its drinking water sources (rivers,
streams, lakes, reservoirs, and underground  aquifers)
and encourages proactive behavioral practices that
help keep pollution from contaminating these sources.

To view this tool, go to the LGEAN Hot Topics
page and select "Drinking Water." Scroll to the bot-
tom of the page to find the media campaign tool.
For more information, contact Dorothy Morrison at, or call 202/962-3585.
                                                       Paints and Coatings
                                                       Resource Center
                                                       Have you visited the Paints and Coatings Resource
                                                       Center recently? Here are some good reasons to visit
                                                       the Center now at

                                                       — The site has a new look, its now  easier to find
                                                       what you're looking for.

                                                       — It is now much easier to get into the site. You can
                                                       now use almost every feature on the site without
                                                       signing up first.

                                                       — Features include our Plain Language Guide to
                                                       environmental regulations, our State Regulations
                                                       Locator, and our popular "Ask the Expert" feature
                                                       with the well-known industry consultant Ron
                                                       Joseph, and much more.

                                                       Take a look, and  let the Paint and Coatings Resource
                                                       Center know what you think.


      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: Policy on 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.


      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 Policy or 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


      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 Jon Silberman at (202) 564-2429.


     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.


               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:
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 noncomphance.
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

Systematic discovery of the violation through an
environmental audit or a compliance management

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 Jon
Silbermant (202) 564-2429.

                     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.

        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

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

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
Region 1:        Joel Blumstein
                Sam Silverman
Region 2:
Daniel Kraft

Small Business Liaison
DwightPeavey    617-918-1829

Ronald Lockwood 212-637-3918
Region 3:
Region 4:
Region 5:
Region 6:
Region 7:
Region 8:
Region 9:
Region 10:
Janet Viniski
Lydia Isales
Angela Blackwell
Bill Anderson
Carol Baschon
Bertram Frey
Tinka 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
                                                                 David Byro      215-814-5563

                                                                 Annette Hill      404-562-8287

                                                                 Glynis Zywicki   312-886-4571

                                                                 David Gray      214-665-2200

                                                                 Jan Lambert      913-551-7768

                                                                 Rob Laidlaw      3 03 -312-7064

                                                                 Mark Samolis     415-744-2331

                                                                 Robyn Meeker    206-553-7154
SBCP Fact Sheet June 2000



    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.


    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 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.


    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.


    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 (SB AP): 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 make certain that information
        affecting small business is written in a style that is clear and understandable.

    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




South Coast AQMD
Gary Ellis
Bill Smyth

Kathleen Tschogl

Nick Melliadis
Tracy Babbidge
Kim Finch
Sandra Handon
Elsa Bishop
Anita Dorsey-Word
Patrick Felling
Sally Tarowsky
Don Squires
Wendy Walker
Erika Seydel-Cheney
Janet Neff
Rose Marie Wilmoth
Jim Friloux

Don Jackson
Ron Dyer
Susan Holben
Charlie Kennedy

(334) 394-4352
(N) (800) 533-2336
(907) 451-2177
(S) (800)-520-2332

(916) 323-6791
(S) (800) 272-4572

(303) 692-2135
(S) (800) 886-7689
(860) 424-3382
(S) (800) 760-7036
(302) 739-6400
(202) 535-1722
(850) 414-8399
(S) 800-722-7457
(404) 362-4842
(808) 586-4528
(208) 373-0472
(S) (888) 372-1996
(S) (800) 351-4668
(317) 232-8598
(S) (800) 451-6027 X2-8598
(785) 296-0669
(N) (800) 357-6087
(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) 335-5883
(651) 297-8615
(S) (800) 985-4247

Mike Sherman

Richard Polito
Ron Alexander

Larry Kolczak
Chuck Hix

Olivia Achuko
Elsa Bishop

Robert Tarn
Sally Tarowsky
Roslyn Jackson
John Konefes

Hamdy El Rayes
Gregory Copley
Dick Lehr

Andrew Gosden
Julie M. Churchill
Dave Fiedler
Troy Johnson
Byron Shaw
(334) 271-7873
(N) (800) 533-2336

(602) 506-5102
(N) 888-233-0326

(909) 396-3215

(202) 535-2997
(850) 414-8399
(S) 800-722-7457

(808) 586-4200
(208) 373-0472
(217) 524-0169
(S) (800) 252-3998
(S) (800) 422-3109

(785) 532-4999
(N) (800) 578-8898
(N) (800) 562-2327
(225) 765-2453
(S) (800) 259-2890

(S) ( 800)633-6101,x4158
(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

Jesse Thompson
Bonnie Rouse
Edythe McKinney
Tom Franklin
Rudolph Cartier
Chuck McCarty
Rita Trujillo
Marcia Manley
Keith Lashway
Dana Mount
Mark Shanahan
Steve Thompson

Bruce McLanahan

Phyllis Copeland
Joe Nadenicek
Ernest Blankenship
Israel Anderson
Renette Anderson

John Daniel

Bernard Brady

Pam Christenson
Dan Clark
(N) (800)725-6112
(406) 444-3641
(N) 800-433-8773
(N) (877) 623-6748
(402) 471-8697
(603) 271-1379
(S) 800-837-0656
(609) 984-6922
(N) (800) 643-6090
(505) 955-8091
(N) (800) 810-7227
(775)687-4670, x3 162
(S) (800) 992-0900, X 4670
(518) 292-5340
800-782-8369 (S)
(S) (800) 755-1625
(614) 728-3540
(S) (800) 225-5051
(405) 702-7100

(717) 772-5942

(803) 896-8982
(N) (800) 819-9001
(605) 773-3836
(S) (800) 438-3367
(615) 741-5262
(N) 800-734-3619
(N) (800) 447-2827
(801) 536-4478
(N) (800)458-0145

(S) (800) 592-5482

(360) 407-6803

(608) 267-9384
(N) (800) 435-7287
(307) 777-7388
Randy Wolfe
Bonnie Rouse
Tony Pendola
Tom Franklin
Rudolph Cartier
Ky Asral
Steve Dubyk
Janet Goodman
Marian Mudar, Ph.d
Chuck McDonald
Rick Carleski
Kyle Arthur
Jill Inahara
Gerald Laubach

Joe Antonio
James Robinson

Linda Sadler
Tamra Shae-Oatman
Ron Reece
Judy Mirro
Richard Rasmussen
Marilyn A. Stapleton
Bernard Brady

Renee Lesjak-Bashel
Charles Raffelson
(N) (800)725-61 12
(406) 444-3641
(N) 800-433-8773
(N) (877) 623-6748
(402) 471-8697
(603) 271-1379
(609) 292-3600
(505) 827-2859
(N) (800) 810-7227
(775) 687-4670, x 3067
(S) (800) 992-0900 X4670
(518) 402-7462
(S) (800) 780-7227
(701) 328-5188
(S) (800) 755-1625
(614) 728-1742
(S) 800-869-1400
(503) 229-6147
(S) (800) 452-4011
(717) 772-2333

(401) 222-6822 X4410
(803) 896-8984
(N) (800) 819-9001

(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-X5767
(340) 714-8529 Hotline
(360) 407-6803

(608) 264-6153
(N) (800) 435-7287
(307) 777-7347
Note: (S) = State (N) = National

                                 State  Pollution  Prevention Technical  /Assistance Programs
 Region 1
 US EPA Region 1
 Abby Swaine
 1 Congress St.
 Suite 1100 (SPN)
 Boston, MA 02214-2023
 Ph: 617/918-1841
 Fx: 617/918-1810

 Connecticut DEP
 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
 251 Causeway St
 Boston, MA 02202
 Ph: 617/626-1090
 Fx: 617/6261095
 scorf. fortier@state.

 Toxics Use Reduction Institute
 Janet Clark
 One University  Avenue
 Lowell, MA 01854
 Ph: 978/934-3346
 Fx: 978/934-3050

 New Hampshire DES
 Stephanie D'Agostino
 6 Hazen Drive
 Concord, NH 03301
 Ph: 603/271-6398
 Fx: 603/271-2867

 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. com

 Vermont ANR
 Gary Gulka
 103 South MainSt
 Waterbury, VT 05671
 Ph: 802/241-3626

 Terri Goldberg
 129 Portlands!, Suite 602
 Boston, MA 02114
 Ph: 617/367-8558
 Fx: 617-367-0449
 tgoldberg@newmoa. org

 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: 609/292-1816
 mdower@dep. state, nj. us

 Laura Battista
 138 Warren St
 Newark, NJ 07102
 Ph: 973/596-5864
 Fx: 973/596-6367

 New York DEC-P2 Unit
 Mary Werner
 50 Wolf Rd
 Albany, NY 12233
 Ph:  518/457-7267
 Fx:  518/457-2570
 mhwerner@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

 Delaware ONR
 Phil Cherry
 PO Box 1401
 89 Kings Highway
 Dover, DE 19903
 Ph: 302/739-4403
 Fx: 302/739-6242
 pcherry@ dnrec. us

 MD Dept of Environment
 Laura Armstrong
 2500 Broening Hwy
 Baltimore, MD 21224
 Ph: 410/631-4119
 Fx: 410/631-4477
 larmstrongQmde. state, md. us

 PA Dept of Environment
 Ed Pinero
 PO Box 8772
 Harrisburg, PA 17105-8772
 Ph: 717/783-0542
 Fx: 717/783-2703

 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: 804/698-4264
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. com
 Region 4
 US EPA Region 4
 Dan Ahern
 61 Forsyth St SW
 Atlanta, GA 30303
 Ph: 404/ 562-9028
 Fx: 404/562-9066

 Alabama DEM - P2 Unit
 Gary Ellis
 POBox 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 us

 Georgia DNR- P2AD
 Renee Goodley
 205 Butler StSE.Ste 1066
 Atlanta. GA 30334
 Ph: 404/657-8831
 Fx: 404/463-6676

 Kentucky DEP
 Vicki Pettus
 14 Reilly Road
 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
 jcmetcO 1@gwise. louisville. eud

 Mississippi DEQ
 Celina Sumrall
 PO Box 10385
 Jackson, MS 39289
 Ph: 601/961-5746
 Fx: 601/961-5703
 celina_sumrall@deq. state, ms. us

 North Carolina DEHNR
 Gary Hunt
 PO Box 29569
 Raleigh, NC 27626
 Ph: 919/715-6500
 Fx: 919/715-6794
 gary. hunt@ncmail. net

 South Carolina DHEC
 Robert Burgess
 2600 Bull St
 Columbia, SC 29201
 Ph: 803/898-3971
 Fx: 803/898-3949
 burgesre@columb30.dhec. state, sc. us

 SC Center for Env, Policy
 LeAnn Herren
 Univ. of SC
 Columbia, SC 29208
 Ph: 803/777-4568

 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: 3127353-4788
 Illinois EPA
 Becky Lockart
 1021 N Grand Ave. East
 Springfield, IL 62794-9276
 Ph: 217/524-9642
 Fx: 217/557-2125
 becky. lockart@ epa.state, il. us

 Illinois Waste Mgt and Research Center
 Tim Lindsey
 One East Hazelwood Dr.
 Champaign, IL 61820
 Ph: 217/333-8955
 Fx: 217/333-8944
 tlindsey@ wmrc. uiuc. edu

 Indiana DEM
 John Chavez
 150 W.  Market St., Suite 703
 Indianapolis, IN 46204-2811
 Ph: 317/233-6661
 Fx: 317/233-5627

 Clean Manufacturing Tech & Safe
 Materials Institute
 Alice Smith
 2655 YeagerRd. Suite 103
 West Lafayette, IN 47906
 Ph: 765/463-4749
 Fx: 765/463-3795

 Michigan DEQ
 Marcia Horan
 PO Box 30473
 Lansing, Ml 48909
 Ph: 517/373-9122
 Fx: 517/335-4729

 Minnesota (MN TAP)
 Cindy McComas
 200 OaK St, SE, Suite 350
 Minneapolis, MN 55455-2008
 Ph: 612/624-1330
 Fx: 612/624-3370
 mccom003@ tc. umn. edu

 MN Pollution Control
 Cindy Hilmoe
 520 Lafayette Road North
 St. Paul, MN 55155
 Ph: 651/296-7783
 Fx: 651/297-8676
 cynthia.hi/moe@pca. state, mn. us

 MN Office of Environmental Assistance
 Ken Brown
 520 Lafayette  Road North
 St. Paul, MN 55155-4100
 Ph: 651/215-0241
 Fx: 651/215-0246
 kenneth.brown@moea. state, mn. us

 Ohio EPA
 Michael Kelley
 P.O. Box 1049
 Columbus, OH 43216-1049
 Ph: 614/644-3469
 Fx: 614/728-2807
 michaei. keiley@ epa. state.oh. us

 University of Wisconsin
 Tom Blewett
 610 Langdon St, Rm 530
 Madison, Wl 53703
 Ph: 608/262-0936
 Fx: 608/262-6250

 Natl. Farmstead Program
Liz Nevers
 B142 Steenbock Library
Madison Wl 53706
Ph: 608/265-2774
Fx: 608/265-2775
enevers@facstaff. wise, edu
                      This list is updated and maintained on the EPA P2 Home Page at


                                State  Pollution Prevention Technical  Assistance  Programs
Wisconsin DNR
Lynn Persson
PO Box 7921
Madison, Wl 53707-7921
Ph: 608/267-3763
Fx: 608/267-0496
perssi@dnr. state, wi. us
Region 6
US EPA Region 6
Joy Campbell
1455 Ross Ave Suite 1200
Dallas, TX 75202
Ph:  214/665-0836
Fx: 214/665-7446

Arkansas IDC
James Gilson
PO Box8913
Little Rock, AR 72219-0744
Ph: 501/682-0744
Fx: 501/682-0798
gilson@adeq. us

Louisiana DEQ
Gary Johnson
PO Box 82263
Baton Rouge, LA 70884
Ph:  504/765-0739
Fx: 504/765-0742

Louisiana TAP
University of New Orleans
New  Orleans, LA
Ph:  504/286-6305
Fx: 504/286-5586

New Mexico ED
Patricia Gallagher
PO Box 26110
Santa Fe, NM 87502
Ph:  505/827-0677
Fx: 505/827-2836
pat_gallagher@nmenv. state, nm. us

Oklahoma DEQ
PO Box 1677
Oklahoma City,  OK 73101-1677
Ph: 405/702-9128
Fx: 405/702-6100
dianne.wilkins@deq. state,

Texas NRCC
Ken Zarker
Austin, TX 78711
Ph: 512/239-3145
Fx:  512/239-3165

Gulf Coast Hazardous Substance
Jack Hopper
POBox 10613
Beaumont, TX 77710
Ph:  409/880-8785
Fx:  409/880-8121

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

Lower Colorado River Authority
Mark Johnson
PO Box 220
Austin, TX 78767-0220
Ph: 512/473-3200
Fx:  512/473-3579
Region 7
US EPA Region 7
Chet McLaughlin
901 N. 5" St. (ARTD/TSPP)
Kansas City, KS 66101
Ph: 913/551-7517
Fx: 913/551-7065

Iowa DNR
Scott van der Hart
502 E. 9th St
Des Moines, IA 50319
Ph: 515/281-6275
Fx: 515/281-8895

Iowa Waste Reduction Center
Christine Twait
1005 Technology Parkway
Cedar Fall, IA 50613
Ph: 319/273-8905
Fax:  319/268-3733
Christine. twait@ uni. edu

Iowa DEO
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
Ryan Green
133 Ward Hall
Manhatten, KS 66506
Ph: 800/578-8898
Fx: 785/532-6952

Missouri DNR - TAP
David Goggins
POBox 176
Jefferson City,  MO 65102
Ph: 573/526-6627
Fx: 573/526-5808
nrgoggd@mail. state,

NE Business Development Center
Rick Yoder
1313 Farnam St. Suite 230
Omaha. NE 68182-0248
Ph: 402/595-2381
Fx: 402/595-2385

Nebraska DEQ, P2 Office
Ben Hammerschmidt
PO Box 98922
Lincoln, NE 68509
Ph: 402/471-6988
Fx: 402/471-2909
deq219@mail. deq. state, ne. us

Anne Brown
801 Campus Dr
Garden City, KS 67846
Ph: 316/276-9505
Fx: 316/276-9523

Region 8
US EPA Region 8
Linda Walters
999 18th St, Suite 500
Denver, CO 80202
Ph: 303/312-6385
Fx: 303/312-6741
Colorado DHE
Parry Burnap (OE-B2-PPU)
4300 Cherry Creek Dr
Denver, CO 80222
Ph: 303/692-2975
Fx: 303/782-4969

Montana P2 Program
Michael P. Vogel
109 Taylor Hall
POBox 173580
Bozeman, MT59717
Ph: 406/994-3451
Fx: 406/994-5417

North Dakota Dept of Health
Jeffrey L. Burgess
PO Box 5520
Bismarck, ND 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, UT 84116
Ph: 801/536-4477
Fx: 801/536-0061
swa//ace@cte(j. sfate. ut. us

Wyoming DEQ
Stephen Roseberry
122 West 25th
Cheyenne, WY 82002
Ph: 307/777-6105
Fx: 307/777-3610
sroseb@sfa(e. wy. us

Region 9
US EPA Region 9
Eileen Sheehan
75 Hawthorn St(WST-1-1)
San Francisco, CA 94105
Ph: 415/972-3287
Fx: 415/972-3530

Arizona DEQ
Sandra Eberhardt
3033 North Central Ave
Phoenix, AZ 85282
Ph: 602/207-4210
Fx: 602/207-4538

CA Integrated Waste Management Board
Bill Orr
8800 Cal Center Dr
Sacramento, CA 95826
Ph: 916/255-2490
Fx: 916/255-4580
borr@ ciwmb.

California Energy Commission
David Jones
1519 9th St
Sacramento, CA95814
Ph: 916/654-4554

CA Toxic Substance Control
Kathy Barwick
PO Box 806
Sacramento, CA 95812
Ph: 916/323-9560
Fx: 916/327-4494
UCLA P2 Center
Billy Romain
POBox 951656
Los Angeles, CA 90095
Ph: 310/825-2654
Fx: 310/206-3906
Hawaii Department of Health
Mariyn Aguilar
919AlaMoanaBlvd, Rm212
Honolulu, HI 96814
Ph: 808/586-4226
Fx: 808/586-7509
maguilar@eha. health, state,

Nevada Small Business Development
Kevin Dick
6100 Neil Rd. Suite 400
Reno, NV 89511
Ph: 775/689-6677
Fx: 775/689-6689

Western Regional Pollution Prevention
Isao Kobashi
1735 N First St, Suite 275
San Jose, CA 95112
Ph: 408/441-1195
Fx: 408/441-0365

Region 10

US EPA Region 10
Carolyn Gangmark
1200 Sixth Ave (01-085)
Seattle, WA 98101
Ph: 206/553-4072
Fx: 206/553-8338

Alaska DEC
Tom Turner
555 Cordova St
Anchorage, AK 99501
Ph: 907/269-7582
Fx: 907/269-7600

Idaho DEQ
Katie Sewell
450 West State St
Boise, ID 83720
Ph: 208/373-0465
Fx: 208/373-0169

Oregon DEQ
Marianne Fitzgerald
811 SW Sixth St
Portland, OR 97204
Ph: 503/229-5946
Fx: 503/229-5850
fltzgera/d. marianne@deq. state, or. us

Washington DEC
Lynn Helbrecht
PO Box 47600
Olympia, WA 98504-7600
Ph: 360/407-6760
Fx: 360/407-6715

Pacific Northwest P2 Resource Center
Crispin Stutzman
513 1st Ave. W
Seattle, WA 98119
Ph: 206-352-2050
Fx: 206-352-2049
cstutzman@pprc. org

Washington State University
Carol Reisenberg
501 Johnson Tower
Pullman, WA 99164
Ph: 509/335-1576
                      This list is updated and maintained on the EPA P2 Home Page at

              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 105(f) of P.L. 99-499
and Section 129 of P.L. 100-590. 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

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.

*      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
              •*•  Women-Owned Business
              us-  HUBZones
              <&?  Subcontracting
              *3?  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 in concert with Howard University's Small Business Development Center. The services of the Outreach Center are designed to
   enabled developing, emerging and startup firms to strengthen their competitive position in the EPA marketplace. A few other services
   are available: (NO FEE is required except for special sessions when neither a celebrity consult is engaged or a site cost is encumbered.
   Hours of operations are 9:00 am until 4:00 pm, you can call for an appointment at (202) 564-4584.

         Assistance to Minority and Women-Owned Business Program
                       Under Agency Financial Assistance Programs
                                (Grants and Cooperative Agreements)

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.

+      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
*      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
4      Provides reports on financial assistance program to various entities, including Congress

                                 MBE/WBE COORDINATORS

       Sharon Molden CT,
       Otto Salamon
       Romona McQueen
       Rafael Santamaria
       Matt Robbins
       Darlene Hainer
       Debora Bradford
       Cecil Bailey
       Maurice Velasquez
       Joe Ochab
       Myrna Jamison
       Norman White
       Jerry Dodson
       Lupe Saldana
ME, Rl, MA, NH, VT
   NJ, NY, PR, VI
   DE, DC, MD, PA, VA, WV
   AL, FL, GA, KY, MS, NC, SC,

   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
TN       (404)562-8110
         (404) 562-8371
         (206) 553-2931
         (202) 564-5353
Jeanette Brown
David Sutton
Mark Gordon
Elaine Rice
Trina Porter
Mryna Mooney
Denean Jones
Deputy Director
Attorney Advisor
National Training Officer
Soc. Bus. Program Officer
Soc. Bus. Prog. Ofr./Tribal
Info. Mgmt. Specialist
                                        OSDBU STAFF
(202) 260-8886
(202) 564-4141
(202) 564-4322
(202) 564-4386
Tammy Thomas
Elnora Thompson
Kimberly Patrick
Patricia Durrant
Valerie Thorne
Thelma Harvey
Program Specialist
Attorney Advisor
Cont. Specialist
SEE Employee
                                             (202) 564-4298
                                             (202) 564-5386
                                             (202) 564-4738
                                             (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:

                                       REQUEST FOR PUBLICATIONS
Small Business Division (SBO)
                                                                                                     December 2001
Inquiry Source: [Hotline: Phone
[Add: Init: Date:
Small Business

] [Change:
] Fax: U.S
Init: Date: ]
Mail: Other
[Delete: Init:

Date: ]


NO.: ( )



THIS SECTION (To receive bi-annual "Updates" and related mailings.): Yes: No:

No. Employees:
1-99 100-499
(Indicate, or Circle Below)
State Govt.
County Govt.
City Govt.
EPA Hq.:
EPA Region:
Other Fed.:
PUBLICATIONS REQUESTED (Circle the Corresponding Alpha-Numeric Codes below):
Alpha-numeric codes refer to publications described in "
A- 1
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D- 7
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nformation For Small Business," available from OSBO upon request.


F- 1
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           Mail to:
           Karen V. Brown, Small Business Ombudsman
           US Environmental Protection Agency
           Ariel Rios Building, 1200 Pennsylvania Ave, NW (1808)
           Washington, D.C. 20460
Or Telephone:
Toll Free Hotline: (800) 368-5888
In the D.C. area, (202) 260-1211,
or Telefax (202) 401-2302
Remarks/Other Materials Requested:_

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