SMALL BUSINESS OMBUDSMAN
UPDATE NEWSLETTER
United States Environmental Protection Agency
Washington, B.C. 20460
MEMORANDUM
Home page www.epa.gov./sbo
SUBJECT: Update on Recent Small Business
Activities at the U.S. EPA
FROM: Karen V. Brown
Small Business Ombudsman
TO: Persons Interested in Small Business
Environmental Issues
BATE: January, 2000
SMALL BUSINESS OMBUBSMAN STAFF
ANB THEIR EXPERTISE
Robert C. Rose, Associate Ombudsman
The Clean Air Act & General Assistance
SENIOR ENVIRONMENTAL EMPLOYEES
James E. Malcolm, P.E., Chemical Engineer
Toxic Substances & Hazardous Materials
Larry 0. Tessier, P.E., Civil Engineer
Asbestos, Radon and Lead
Arnold Medbery, P.E., Mechanical Engineer
The Clean Air Act, Asbestos, Water
Thomas J. Nakley, Civil Engineer
The Clean Water Act, Safe Drinking Water Act and
General Assistance
CONTENTS
Page
2 SBREFA/RFA
4 SBA Fairness Boards
5 New Ofc. Pol Econ & Innov.
6 Incident-Free Y2K
6 New Information Initiative
7 Innov. St. Project Awards
8 State Success Stories
9 Innov. Compliance Assist.
1 1 Risk Management
13 HP V Challenge
1 5 Energy Star-online
16 SBIR
1 8 Small Biz Env. Home page
19 Web Pages/Hotlines
20
21
25
27
28
31
31
33
37
38
41
43
46
47
Regional Contacts
Clean Air Act (CAA)
Clean Water Act (CWA)
Pesticides (FIFRA)
Hazardous Waste (RCRA)
Superfund (CERCLA)
Right-to-Know (EPCRA)
Toxic Chemicals (TSCA)
Penalty Reduction Policies
Compliance Asst. Centers
State Sm. Bus. Asst. Contacts
P2 Program Contacts
Procurement Contacts
Order Form
Toil-Free Hotline
800-368-5888
202-260-0490
SMALL BUSINESS CONCERNS RANK HIGH
UNDER NEW AGENCY RE-ORGANIZATION
I am extremely pleased that Mr. Richard Farrell, EPA's
Associate Administrator for the Office of Policy, Economics
and Innovation, has expressed and demonstrated a genuine
concern for the small business community and its relationship
to our Agency. Mr. Farrell has elevated the Small Business
Ombudsman function to the Division level, adding new
positions and resources. Furthermore, in recognition of his
interests, he has placed the new Small Business Division in
the Office of Business and Community Innovative Strategies
under a most friendly and supportive Director, Mr. Alex
Cristofaro. Yes, I think, at last, the Small Business
Ombudsman has found a "home" within the EPA that will
support and benefit our small business constituents.
Associate Administrator Farrell and Office Director
Cristofaro have made it clear that they want to expand our
outreach and assistance to small businesses and to deal with
regulatory issues on a friendly and cooperative basis. They
want to strongly encourage outreach, networking, and mutual
assistance to bring about an atmosphere of trust and voluntary
efforts to improve the environment.
During the next few months, we will be re-examining our
plans and strategies to expand and improve upon our outreach
and services to small businesses. We will need your input
and suggestions to make it work! Therefore, I would like to
hear from you directly at 800-368-5888 or through your
Trade Association Representative.
LET'S MAKE 2000 THE STARTING POINT FOR A
GREAT NEW RELATIONSHIP!
Karen V. Brown
SMALL BUSINESS OMBUBSMAN 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.
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Regulatory Flexibility Act (RFA)
Small Business Regulatory Enforcement Fairness Act (SBREFA)
Tom Kelly
Small Business Advocacy Chair
Since its passage in March 1996, the SBREFA has opened the door wider for small
entities to participate in rulemakings that will significantly affect them. Among other things,
SBREFA requires an interagency Small Business Advocacy Review (SBAR) Panel to review
regulatory alternatives for small businesses and communities before either EPA or OSHA
proposes a rule that is subject to the RFA.
In previous updates, I have discussed the Small Business Panel process in some detail and
described various other Agency activities undertaken with an eye to assisting small businesses in
their dealings with EPA. Today, rather than focusing on procedural nuts and bolts, I want to
share with you in general terms the successes of the SBAR Panels. It is no exaggeration to say
that EPA has been the Federal government's leader in implementation of SBREFA.
"These panels have been highly effective in saving small businesses regulatory
compliance costs. According to the [SBA] Chief Counsel for Advocacy the EPA
SBREFA panels have saved small businesses almost $1 billion... "
Senator John Kerry, Ranking Member, Senate Small Business Committee, 5/27/99
Since March 1996, EPA has completed 15 inter-agency SBAR Panels, and another 5 will
be completed by March 2000. Agency programs that have participated in the process have
included the Air Office (Stationary Sources and Transportation), Water Office (Storm Water,
Drinking Water, Effluent Limitation Guidelines, and NPDES Permits), and Toxics Office (Lead
Abatement).
As previously described in this space, each Panel conducts its own outreach to individuals
representative of small entities (whether businesses or communities) likely to be regulated by the
rule and prepares a report to the Administrator with recommendations for methods to reduce the
potential impact of the rule on small entities. In this way, EPA ensures that it considers carefully
the unique problems and interests of small businesses in particular EPA rulemakings. Since
SBREFA's enactment, over 250 small entity representatives have participated on our 15
completed SBAR Panels, while others are engaged in consultation on current and upcoming
Panels. In response to their comment, the Panels have made over 140 recommendations to the
Administrator to address particular concerns of small businesses, small communities and small
non-profit enterprises, many of which have helped shape the regulatory proposal eventually
published. Panel recommendations range from asking EPA to clarify technical details of the rule
to proposing alternative regulatory approaches.
The SBAR Panel is an important procedural mechanism, but equally important is EPA's
commitment to give specific attention to the concerns of small entities at all times, notably in the
more frequent cases where they are affected less significantly by our rulemakings. EPA seriously
tries to minimize the potential impacts of every rule on small entities. For additional information,
contact SBREFA Team Leader, Stuart C. Miles-McLean at (202) 260-8518
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Six Key Aspects of the SBREFA Legislation
The Small Business Regulatory Enforcement Fairness Act (SBREFA) became law in March, 1996 to foster a
government environment that is more responsive to small business and other small entities. The Act contains the
following six key areas of regulatory reform:
! Regulatory Compliance Simplification: Federal regulatory agencies must develop compliance
guides written in plain English to help small businesses understand how to comply with regulations
that may have a significant effect on them. Agencies must also develop a program for providing small
entities with informed guidance on complying with applicable laws and regulations.
! Equal Access To Justice Amendments: Under certain circumstances, small businesses can recover
attorney's fees and court costs in a court or administrative hearing, even when they lose.
! Congressional Review: Congress has provided itself with a process by which it can review and, if
necessary, disapprove regulations with which it takes issue.
! Regulatory Enforcement Reform of Penalties: Each regulatory agency must establish a policy to
reduce and, where appropriate, even waive civil penalties for minor violations under certain
circumstances.
! Small Business Advocacy Review Panels: For proposed rules subject to the Regulatory Flexibility
Act, EPA must solicit input from the small businesses that will be subject to the rules and make
these findings public. This process is aided by SBA's Office of Advocacy and the Office of
Management and Budget.
! Oversight of Regulatory Enforcement: Aida Alvarez, the SBA Administrator, appointed Peter W.
Barca, Regional Administrator in the Midwest, as the Small Business and Agriculture Regulatory
Enforcement Fairness Ombudsman. She also appointed the members of 10 regional Regulatory
Fairness Boards to assist the National Ombudsman in receiving small businesses' comments about
enforcement activities of federal regulatory agencies. The five (5) Fairness Board members
appointed in each region are small business owners and operators.
Brief Explanations of the National Ombudsman and
Regional Fairness Boards
Subtitle B of SBREFA created the National Ombudsman and 10 Regional Fairness Boards to provide small businesses with
the opportunity to comment on enforcement activity by federal regulatory agencies. Through this provision, Congress and the
President have provided a way that small businesses can express their views and share their experiences about federal regulatory
activity.
The National Ombudsman and the Fairness Boards will receive comments about federal compliance and enforcement
activities from small businesses, and report these findings to Congress every year. The report will give each agency a kind of
"customer satisfaction rating" by evaluating the enforcement activities of regulatory agency personnel and rating the responsiveness to
small business regional and program offices of the regulatory agencies.
Regulatory Enforcement Ombudsman 10 Regional Fairness Boards
! Receive comments from small business on ! Members are small business owners/operators
compliance and enforcement actions ! Report to the National Ombudsman about
! Review small business concerns comments and issues specific to their regions
! Report annually to Congress ! Contribute to the annual report to Congress.
For additional information about SBREFA, the Ombudsman, or the Regulatory Fairness Boards, call SBA's toll free
1-888-REG-FAIR or visit our Web site at www.sba.gov/regfair.
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SBA REGIONAL SMALL BUSINESS REGULATORY FAIRNESS BOARDS
Regions/Members March 13, 2000
1. Roxanna Adams
Atlantic Awards, Inc
840 Hammond Street
Bangor, ME 04401
(207) 942-6464
2. JoanHaberle
Joan Haberle Agency
# 1 S. Main Street
Lambertville, NJ
07036
(609) 397-9606
3. Wilkins McNair, Jr
Wilkins Acctg. Firm
20 IN. Charles Street
Suite 9 10
Baltimore, MD 2 1202
(410)962-5252
4. Jeffery Adduci
Regional Invest
Bankers
171 Church Street
Suite 260
Charleston, SC 29608
(843) 577-2000
5. Hardie Blake
Bethel Business, Inc.
118 Lincoln Way E.
Mishawaka, IN 46544
(219)259-1527
6. Elise McCullough
Staffing Sol, LLC
1305 Dublin Street
New Orleans, LA
70118
(504) 864-9900
7. J. Scott George
Mid Amer. Dental Ctr
1050 W. Hayward Dr.
Mt. Vemon, MO
65712
(417)466-7184
8. Donna Davis
Eagle Butte Co-op
P.O. Box 370
Eagle Butte, SD 57625
(605) 964-2226
9. Joseph Cerbone
Travis Morgan Sec.
18952 McArthurBlvd
Suite 3 15
Irvine, CA
92612
(949)261-2906
10. Morris Thompson
Doyton Limited
201 1st Avenue.
Suite 300
Fairbanks, AK 99701
(907) 459-2060
Dr. Vinh Cam, Ph.D.
MBA
P.O. Box 3 1134
Greenwich, CT06831
(203)532-1252
Sandra Lee
Harold. Lee Insurance
31 Pell St.
New York, NY 10013
(212)962-6656
Kenneth Ridriguez
Rodriguez Enterprises
700 River Avenue
Pittsburgh, PA 15212
(412)231-5250
Robert G. Clark
Clark Communi. Corp.
250 E. Short St.
Lexington, KY 40523
(606) 233-7623
John Hexter
Hexter & Assoc.
2199 Shelburne Road
Cleveland, OH
44122-2049
(216)378-2080
Alonzo Harrison
HDB Constr.
729 Wear Ave.
Topeka, KS 66607
(913)232-5444
Albert C. Gonzales
Gonzales Consulting
303 E. 17th Ave., #910
Denver, CO 80203
(303)861-0400
Tim Moore
Old Lahaina Cafe &
Luau
505 Front St.
Lahaina, HI 96761
(808) 667-2998
Keith Saltier
Saltier & Heslop
7186thStreel
Prosser, WA 99350
(509) 786-2404
Larry E. Morse
Docu-Prinl Inc.
10 Boyd Avenue
E. Providence, RI 02914
(401)435-2500
E. Peler Ruddy
WESTNY Bldg. Producl
2580 Walden Ave.
Buffalo, NY 14225
(716)681-2000
Shawn M. Marcell
Prima Facie, Inc.
1006 W. 8th Ave., #A
King of Prussia, PA
19406
(610)291-9200
Rila P. Mitchell
Edward Jones Invest
718 Thompson Lane,
Suile 105
Nashville, TN 37204
(615)297-6960
Donald Magett
Magic P.I. & Security
529 Northhamplon Rd
Kalamazoo, MI 49006
(616)381-2324
Stella J. Olson
Slat Enterprises, Inc.
4444 Vaile
Florrisanl, MO 630341
(3141)972-1556-0029
Mary Thoman
Thoman Ranch
HC65 Fonlenelle Route
Kemmerer, WY83101
(307)877-3718
Kalhy Chavez -Nopoli
SC Truck Wreckers
795 Comslock St.
Santa Clara, CA 95054
(408) 727-6655
Gretchen Mathers
Grelchen's Course
2415 Airport Way, So.
Seattle, WA 98 134
(206)623-8194
Judilh Obermayer
Obermayer Assoc.
239 Cheslnul St.
W.Newton, MA 02 165
(617)244-8990
Phyllis Hill Slater
Hill Slater, Inc.
45 N. Station Plaza
Great Neck, NY 11021
(516)773-7779
Ann P. Maust, Ph.D.
Research Dimens, Inc.
1108E. Main St., #1000
Richmond, VA 232 19
(804)643-1082
Leroy Walker, Jr.
LTM Enterprises
2310Hwy80W
Jackson, MS 39204
(601)352-1742
Thelma Alban
Stevenson Associates.
680 N. Lake Shore Drive
Chicago, IL 606 11
(312)335-0067
Larry Mocha
Air Power Systems
8 178 E. 44th St.
Tulsa, OK 74147
(918)622-5600
Dan Morgan
Morgan-Davis, Intem'tl
Morgan Ranch
Burrell, NE 68823
(308) 346-4394
Linda Nielsen
Glasgow Stockyards
HC 67, Box 175
Nashua, MT 59248
(406) 228-9306
Thomas Gutheria
So. Nevada. Certified
Development Corp.
2770 S. Maryland Pkwy
Suite 2 12
Las Vegas, NV89 109
(702) 732-3998
Clyde Stryker
Spirit Communication
20493 Southwest
Avery Court
Tualatin, OR 97062
(503)612-0600
Ronald Williams
W&R Bus. Affiliates.
194 Capen St.
Hartford, CT 06 120
(860)727-1181
Manuel Cidre
Pasteleria Los Cidrines
Rey Federico
Guaynabo, PR 00965
(787) 9732
Victor Tucci
Three Rivers Hlth & Sfty
406 Edwards Road
New Kensington, PA
15068
(412) 826-5599
Livia Whisenhunt
PS Energy Group, Inc.
2957 Clairmont Rd
Suite 5 10
Atlanta, GA 30359
(404)321-5711
Reid Ribble
The Ribble Grp, Inc.
W6893 Manitowoc Rd
Menasha, WI 54952
(920) 733-7635
Wallace Caradine
Caradine & Co.
2200 South Main Street
P.O. 16430
Little Rock, AR 72206
(501)372-4199
Joanne Stockdale
Nothern IA DieCasting
702 E Railroad St.
Lake Park, IA 5 1347
(712)832-3661
Vemon Thompson
Vern's Trucking
P.O. Box 25
Minnewaukan, ND 58351
(701)473-5727
C. K. Tseng
Northbridge Travel
9700 Reseda Blvd.
Northbridge, CA 91324
(818)886-2000
Serena McAlvain
McAlvain Construction, Inc
5559 W. owen Rd.
Boise, ID 83709
(208) 362-4356
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New Office of Policy, Economics and Innovation
"To help lead progressive change in the United States system of environmental protection -
change that integrates a regulatory approach with broader stewardship"-- That's the vision for
EPA's new Office of Policy, Economics, and Innovation (OPEI), which merges the formerly
separate Policy and Reinvention offices.
Why is such change needed? As we begin the 21st century, remaining and emerging environmental
problems, such as polluted runoff and climate change, call for nontraditional solutions. To solve
these problems, we need to find effective uses for new policy tools, such as incentives and
partnerships. We need to augment traditional regulatory approaches by engaging all parts of
society in problem-solving. Even the basic concept of environmental protection has evolved
beyond pollution control to include broader objectives, such as pollution prevention, sustainability,
and environmental justice. All of these factors challenge EPA to constantly rethink the way we
operate.
To carry out this vision of progressive change, the new office is organized around three objectives:
take innovations from pilot to practice; develop innovative strategies for business and
communities; and assure that EPA's policies and programs are based on sound economic science.
More specifically, OPEI's Office of Innovative Pilots and System Change will:
> create a centralized place where EPA will test innovative approaches,
*• evaluate how well they work, and then
*• integrate successful outcomes into our programs.
The Office of Business and Community Innovative Strategies will:
*• consolidate various sector-related activities,
*• help localities solve "livability" problems and build sustainable communities,
> provide better service to small businesses, and
> develop incentives for better environmental performance across the board.
The National Center for Environmental Economics will:
> promote use of economics in designing solutions to environmental problems,
> develop methods and tools to answer economic questions, and
> continue research on the relationship between the economy and the environment.
What This Means for Small Businesses
First of all, we're expanding our efforts to make sure that small business concerns are considered
as we develop new regulations and policies. We're creating incentives for better environmental
performance and developing a performance track to reward those who excel. We're also working
on providing compliance assistance through organizations you deal with on a regular basis, like
trade associations, state small business assistance programs, and business development centers, so
you can get the help you need from people you know and trust.
What used to be the Small Business Ombudsman Team has become the Small Business Division
within OPEI's Office of Business and Community Innovative Strategies. This change reflects our
commitment to meet the special needs of small businesses in designing environmental policy. Our
new role is still evolving but we'll be looking at opportunities to support small businesses in new
ways.
Our phone numbers haven't changed. Call us at 800-368-5888 (toll free) or 202-260-0490. Or
visit our Web site: www.epa.gov/smallbusiness.
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INCIDENT-FREE Y2K TRANSITION REPORTED FOR EPA;
PUBLIC-PRIVATE PARTNERSHIP CREDITED
The year 2000 arrived with no Y2K disruptions reported in key environmental sectors, including
drinking water, wastewater treatment, chemical-related manufacturing, and hazardous materials.
The Dec. 31-Jan. 3 millennium "rollover" period was the culmination of more than a year of
cooperative effort between the U.S. Environmental Protection Agency, state and local
governments, private industry and trade associations, and municipal water systems.
EPA officials credit the success of the Y2K transition to careful planning and hard work by
hundreds of EPA employees and thousands of others involved in environmental sectors and the
leadership of the President's Council on Year 2000.
EPA's close working relationship with trade associations resulted in few Y2K disruptions which
affected public health and the environment. While small and medium sized entities were viewed
as potentially more vulnerable, the attention to the issue and the work toward preparedness by
Small and Medium-sized Enterprises produced positive results. EPA too, was pleased that their
internal work allowed critical EPA systems to remain fully operational. For more information, see
www.epa.gov.
EPA'S NEW INFORMATION INTEGRATION INITIATIVE
The Information Integration Initiative is the Environmental Protection Agency's bold and fundamentally
new approach to integrating, managing, and providing access to environmental information. In
partnership with the States and Tribes, and in close consultation with our environmental information
stakeholders, we will develop a single integrated multi-media core of environmental data and tools - an
integrated environmental information system. Under the new system, EPA's individual media programs
(i.e, air, water, hazardous waste, etc.) will maintain flexibility to develop "plug-in" modules that will
incorporate program-specific requirements. However, at its core, the new system will be a single,
shared and integrated system.
The Integrated Environmental Information system will provide smarter ways of providing public health
and environmental protection - shared stewardship , multimedia, facility-wide, geographic focus,
improved public access, accurate and reliable data, and measurable results. The benefits are clear and
significant:
• Improved environmental decision making at all levels
• Reduced burden and transaction costs for all who provide and use environmental and
public health information
• Greater certainty for regulated businesses; more reliable and easier access for the
public and improved performance for EPA
• Increased accuracy, reliable and high quality environmental data that will promote better
access and understanding, improved compliance and greater accountability
For additional information, contact: Don Flattery at 260-7070.
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10 INNOVATE STATE PROJECTS SELECTED FOR 1999
SMALL BUSINESS ASSISTANCE
COOPERATIVE AGREEMENTS
On Oct. 6, EPA's Office of Small Business Ombudsman announced the 10 recipients for the
1999 Small Business Assistance Cooperative Agreement Program. A total of $900,000 in awards
up to $100,000 each is available for State Small Business Ombudsmen or Small Business
Assistance Programs The awards reflect EPA's commitment to support innovation in existing
networks that help businesses prevent pollution and comply with the law. The projects chosen for
funding represent a wide range of small business sectors and offer the potential for demonstrating
innovative ideas and have far-reaching benefits to other state assistance programs. Established
under Section 507 of the 1990 Clean Air Act Amendments, this program measures their individual
and collective success to help achieve National Ambient Air Quality Standards.
A total of 23 applications were submitted from throughout the United States. The recipients
are: California South Coast Air Quality Management District to assist small businesses in
reducing air emissions with a focus towards the water heater and boiler manufacturing industry,
$100,000; Colorado Department of Public Health and the Environment to market the Small
Business Ombudsman and Small Business Assistance Program and train State Small Business
Development Center personnel on environmental issues to better inform small businesses,
$84,177; Kansas State University Pollution Prevention Institute for three industries: dry cleaners,
automotive repair/auto body and metal finishing, direct technical assistance, including the
development of promotional materials of the states' assistance program, $99,984; Maine
Department of Environmental Protection for technical assistance for compliance and pollution
prevention to selected small business sectors, $60,821; Minnesota Pollution Control Agency for
sector-based, compliance assistance to the reinforced plastics and boat manufacturing industries,
$96,824; Montana Department of Environmental for marketing and evaluation of the Small
Business Ombudsman and Small Business Assistance Program and evaluation of their
effectiveness, $75,000; New Jersey Department of Environmental Protection for cooperative
effort between the state Department of Environmental Protection and state Commerce
Department for marketing of services to other state small business providers, $84,000; New
York Environmental Facilities Corp., for demonstration of the improved environmental benefits
providing compliance assistance to the Gasoline Dispensing Sites and Transport Vehicles,
particularly Stage II requirements, $83,681; South Carolina Department of Health and
Environmental Control to measure the success of the technical assistance program to auto repair
shops and salvage yards, $93,000; Wyoming Department of Environmental Quality to conduct
reviews of proposed new standards affecting small businesses, develop mailing packages to inform
businesses and develop comprehensive data base sorted by SIC code and matched to new
proposed standards, $68,960. We will be providing periodic updates to the trade associations on
the progress of these projects over a two-year period. After the two-year projects are completed,
results will be published and distributed to the small business community and other interested
parties wishing copies. For additional information concerning these projects contact, Contact:
Bob Rose, at (202) 260-1133.
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SUCCESS STORIES FROM THE STATE CLEAN AIR ACT
SMALL BUSINESS OMBUDSMEN AND TECHNICAL ASSISTANCE PROGRAMS
Illinois
The IL SBAP helped a small fiberglass company (11 employees) expand their operations by facilitating a state air permit
through the regulatory agency and assisting with the permit applications.
Kansas
A small Kansas company needed to obtain their air permit, which was complicated since part of their process resulted in
HAP emissions. The Kansas SBAP assisted the company by calculating their potential and actual emissions and helping
them complete their paperwork. The ombudsman "hurried along" the process after their application had been delayed
within the regulatory agency (due to the resignation of an engineer).
Tennessee
A small wood operation that wanted to expand its business ran into compliance problems associated with the expansion
and continued to have visible emission complaints. The TN SBAP helped to pair the wood operation with a major source
that would accept wood waste. The wood operation was able to acquire funding to purchase equipment to properly size
the wood waste so that it would be suitable for the major source's use. Compliance and emission complaints were
resolved.
Minnesota
The small business loan program has been very successful, particularly within the dry cleaning industry. Many of these
businesses have reduced their solvent use by as much as 90% by upgrading their equipment with a loan from the
program. The loan program also helped a wood finisher make the move from solvent-based coatings to an aqueous-based
line of wood products.
Virginia
SBAP hosted a roundtable meeting with selected trade associations to inform them of the program's compliance
assistance web site development activity. We asked for suggestions on how to improve the site and sought to understand
the reach of the Internet within their organizations. The meeting was very successful, providing partnerships upon which
we can build both electronically through the Internet, and in general, through joint outreach.
West Virginia
SBO and SBAP were successful in the passage of state legislation for a "Small Business Environmental Loan Program."
Loans can range from $5,000 to $150,000 with a 10 year payback at an APR of half the federal prime, but not less than
4.5%. The size of the small business cannot exceed 50 full time employees. Also, there is a provision to refinance loan
balances where a small business has already obtained a commercial loan and completed a project.
Wyoming
During one-on-one site visits to small businesses that generate waste tires, the SBAP often hears concerns regarding this
waste stream. Many landfills charge for accepting waste tires; the only tire shredding operation in the state charges to
pick up tires and landfills the shredded tire waste. The SBAP office has been searching for secondary uses for waste
tires. Initial efforts have led to reuse of whole tires for retaining walls, livestock shelters, hay barn enclosures, and some
minor farmstead construction projects. Follow-on efforts include uses for shredded tire material depending on the
economics of supply, transportation costs, and markets for finished products. For additional information contact:
Angel Martin-Diaz, at 412-826-6819
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INNOVATIONS IN COMPLIANCE ASSISTANCE
In July 1999, the Environmental Protection Agency (EPA) issued a new report, "Aiming
for Excellence." This report commits EPA to take a number of actions to enhance our reinvention
programs, including several to improve our compliance assistance efforts. The report was
developed based on extensive external outreach to a broad range of stakeholders through a
variety of forums. It is available on EPA's Reinvention home page (www.epa.gov/reinvent/).
In connection with this effort, EPA's Office of Enforcement and Compliance Assurance
(OECA) has completed work on an action plan, "Innovative Approaches to Enforcement and
Compliance Assurance." This action plan includes the compliance assistance activities identified
in the Task Force report as well as additional OECA commitments. The action items described in
the OECA report (available at www.epa.gov/oeca/innovative/approaches.html) will change
fundamental aspects of the Agency's compliance assistance planning and programs.
To ensure that the compliance assistance activities in the action plan are implemented in a
way that continues to reflect stakeholder needs, EPA's National Advisory Council on
Environmental Policy and Technology (NACEPT) is creating a new standing committee - the
Compliance Assistance Advisory Committee (CAAC). This will provide a continuing Federal
Advisory Committee forum from which the Agency can continue to receive valuable
multi-stakeholder advice and recommendations on compliance assistance activities.
As part of the efforts to improve compliance assistance, the Agency has committed its
resources to three major projects. This coming year alone will result in a National Compliance
Assistance Forum (Forum), a Clearinghouse of Compliance Assistance Material (Clearinghouse)
and an annual Agency Compliance Assistance Plan (Plan). In addition to input from the CAAC, all
stakeholders including small businesses and compliance assistance providers will have an
opportunity to provide input into these three projects in order to help the Agency understand the
compliance needs of the regulated community. This broad input will help EPA more readily
identify and develop compliance assistance tools and approaches to address your needs.
An overview of each of the three projects, along with details of how you can participate
are provided in this article. Cumulatively the goal of these projects is for the Agency to increase
its role as a wholesaler of compliance assistance by: 1) providing opportunities to network
between compliance assistance providers; 2) coordinating compliance assistance work to avoid
duplication and target resources to priority areas, and; 3) providing easy access to all compliance
assistance materials. Further information on each project can be viewed at
.
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Compliance Assistance Forum
On March 1-2,2000, EPA will be sponsoring a conference at the Atlanta Hilton and
Towers in Atlanta, GA, entitled Forum 2000: Building Compliance Assistance Partnerships.
This national compliance assistance forum is aimed primarily at compliance assistance
providers and will provide Federal, state, local, tribal and private compliance assistance providers
an opportunity to share information and give input on several key EPA compliance assistance
activities. In particular, the conference will include a session devoted specifically to the
compliance assistance needs of small businesses. To get more information or to register for the
conference, please contact Kate Sijthoff of the MarascoNewton Group at 703-292-5803. Rooms
will be held at the Hilton until February 1,2000.
Compliance Assistance Clearinghouse
In response to the need for having a central depository of compliance assistance
information and resources, EPA is developing a Compliance Assistance Clearinghouse. The
Clearinghouse is a web site that will provide easy access to a network of Compliance Assistance
Providers and a comprehensive list of compliance assistance tools and materials. The
Clearinghouse will also provide a forum for the Compliance Assistance Providers to share the
latest information to facilitate collaboration and avoid duplication. The Clearinghouse will be
presented at the Forum 2000 to get broad stakeholder feed back. The Clearinghouse is scheduled
to be operational in September 2000.
EPA Annual Compliance Assistance Plan
The Annual Compliance Assistance Plan (Plan) is an approach to consolidate and
coordinate all of the Agency's key compliance assistance activities. In doing so, all compliance
assistance providers and the regulated community will know where the Agency will be focusing
its compliance assistance resources during a given year. The Plan will lay out the Agency's
priorities and the type of compliance assistance that we hope to provide to address those
priorities. In turn, compliance assistance providers can determine how to focus their resources,
without duplicating EPA's efforts. The regulated community will be able to identify and focus
their attention on activities which apply to their facilities. The first Plan, to be completed in May
of 2000, will focus on FY 2001. At Forum 2000, participants will have an opportunity to
comment on EPA's draft plan.
EPA looks forward to continuing to strengthen our partnership with small businesses and
other stakeholders. The activities discussed in this article provide a great opportunity for
compliance assistance providers and the Agency to work together to craft the most effective and
efficient approaches to improving compliance and protecting the environment. We strongly urge
your participation. For additional information contact: Gina Bushong at 202-564-2242.
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Risk Management Program and Flammable Fuels
Understanding Recent Changes
Carole L. Macko
EPA's Chemical Emergency Preparedness and Prevention Office
Recent developments in the Risk Management Program coverage of propane and other flammable
fuels have, quite understandably, been confusing to the regulated community. This article addresses
many of the questions you have asked.
What's been happening recently with propane and other flammable fuels?
The recently enacted Chemical Safety Information, Site Security and Fuels Regulatory Relief Act
established new provisions for ALL flammable fuels, including propane. Under the law, as of Aug. 5,
1999, flammable substances used as fuel at any type of facility OR held for sale as fuel at a retail
facility no longer are covered by the Clean Air Act Risk Management Program. However, flammable
fuels used as a feedstock to produce something else OR held for sale as fuel at a non-retail facility,
such as a wholesale operation, terminal, or manufacturing site, still are covered.
Will there be a phase-in period for facilities that were not required to file RMPs for propane by
June 21.
No. There will not be a phase-in period for facilities with propane that will still be covered under
Section 112(r) of the Clean Air Act. Facilities that use propane as a feedstock to produce something
else or hold propane for purposes other than on-site fuel use at a non-retail facility must immediately
come into compliance with Section 112(r) of the Clean Air Act.
How do I keep on top of developments?
New developments are posted the same day on the "What's New?" page at www.epa.gov/ceppo.
EPA's Hotline is also immediately notified of any developments in our program. Call them at
(800)-424-9346 to get the latest update. And, as always, be sure to keep in touch with the Small
Business Assistance Program in your state.
FLAMMABLE FUELS ALERT
EPA is issuing a regulation for reporting flammable fuels under Section 112(r) of the Clean Air Act
to codify a recently enacted law.
The recently enacted Chemical Safety Information, Site Security and Fuels Regulatory Relief Act
established new provisions for ALL flammable fuels. Under the law, as of Aug. 5, 1999, flammable
substances used as fuel at any type of facility OR held for sale as fuel at a retail facility no longer are
covered by the Clean Air Act Risk Management Program. However, flammable fuels used as a
feedstock to produce something else or held for sale as fuel at a non-retail facility, such as a wholesale
operation, terminal, or manufacturing site, still are covered.
Under Section 112(r) of the CAA, by June 21 certain facilities were required to have in place a risk
management program and submit a summary of that program - called a Risk Management Plan (RMP)
- to EPA.
Q. When will the regulation be effective?
A. As of Aug. 5, 1999, requirements for flammable fuels used as fuel or held for sale as fuel by
retailers were no longer covered under the Clean Air Act Section 112(r). The regulation merely
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codifies the law's provisions. Therefore, the regulation will be effective immediately.
Q. What about EPA's Administrative Stay issued earlier this year?
A. The purpose of the administrative stay was to relieve certain fuel facilities from RMP coverage
while EPA completed the work necessary to create a permanent exemption for facilities having up to
67,000 pounds of flammable fuel in a process. The Chemical Safety Information, Site Security and
Fuels Regulatory Relief Act, reached further than the scope of the administrative stay, since it 1)
removed from RMP coverage ALL listed flammable substances when used as a fuel or held for sale as
a fuel at a retail facility, and 2) had no eligibility threshold. The new law in effect rendered EPA's
Administrative stay moot. Because the
stay will expire on Dec. 21, EPA will not publish notice withdrawing the stay.
Q. Will there be a phase-in period for facilities that were not required to file RMPs for propane
by June 21.
A. No. There will be no phase-in period for facilities with propane that will still be covered under
Section 112(r). Assuming the court lifts the judicial stay for propane as expected, facilities that use
propane as a feedstock to produce something else or hold propane for purposes other than on-site fuel
use at anon retail facility must immediately come into compliance with Section 112(r) of the Clean Air
Act.
Q. My facility did not have to submit an RMP by June 21, but is now required to do so. I filed
an RMP for a Program 2 propane process. The Chemical Safety Information, Site Security and
Fuels Regulatory Relief Act requires facilities that submit RMPs for Program 2 or Program 3
processes to hold a public meeting by Feb. 1, 2000, to discuss their Risk Management Program
and off-site impacts. Does my facility have to hold a meeting?
A. No. Only facilities that were required to submit RMPs for Program 2 and Program 3 process by
June 21, 1999, must hold a meeting.
PUBLIC MEETINGS
The Chemical Safety Information, Site Security and Fuels Regulatory Relief Act also requires
facilities that submitted an RMP for a Program 2 or Program 3 process to announce and hold a public
meeting by Feb. 1, 2000, to discuss their Risk Management Program, including the off-site
consequence analysis sections (sections 2 through 5 of the RMP). Small business stationary sources
may opt to publicly post a summary of their OCA information. In either case, a certification must be
sent to the FBI by June 5, 2000, that a meeting has been held or a summary has been posted. Facilities
having only Program 1 processes are exempt from the public meeting/summary requirement.
Facilities are "small business stationary sources if they:
• Are owned or operated by a person that employs 100 or fewer employees (this is calculated at the
corporate level);
• Meet the definition of small business concern in the Small Business Act (you need to know your
North American Industrial Classification code to determine this);
• Are not major stationary sources under the Clean Air Act;
• Emit less than 50 tons per year of any regulated pollutant; and
• Emit less that 75 tons per year of all regulated pollutants (you need to combine emissions for all
your pollutants to calculate this).
For more information, contact the EPCRA Hotline at (800) 424-9346 or (703) 412-9810.
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THE HIGH PRODUCTION VOLUME CHALLENGE PROGRAM
AND
SMALL BUSINESSES
UPDATE ON PROGRAM PROGRESS
U.S. EPA's Office of Pollution Prevention and Toxics
HPV Challenge Program in Focus:
The "High Production Volume" (HPV) Challenge Program is the result of separate studies by the Environmental Defense Fund
(EDF), the Chemical Manufacturers Association (CMA), and the EPA. Those studies confirmed that basic toxicity testing data
are not now publicly available for a great majority of the industrial chemicals used in highest volume in the U.S. economy
(those produced or imported in quantities of more than one million pounds per year). Of the more than 2,800 chemicals that
were identified as being HPV, 43 percent were found to have absolutely no publicly available data, while only seven percent
could be characterized as having the full set of data available. Without this basic hazard information, it is difficult to make
sound judgments about what potential risks these chemicals could present to people and their environment.
The lack of data in the public domain prompted the Vice President in 1998 to challenge industry to supply the missing
information on a voluntary basis. The resulting HPV Challenge Program has been an ambitious effort to tackle the problem by
uncovering and assembling existing toxicity data that already exists outside of the public domain, and then testing chemicals
where data gaps remain. The final, and by no means least important part of the Program, will be to make these important data
readily available to scientists, policy makers, concerned citizens, communities, industry, and environmental advocates.
Progress To Date:
There has been a remarkable response to this challenge from the chemical industry across the board. As of late November,
over 220 companies had agreed to sponsor, either individually or as a member of one or more of over 60 testing consortia that
have been established, the generation of screening data for almost 1200 of the chemicals on the HPV list. With the passage of
the December 1st deadline for the closing of the voluntary portion of the program, we have become inundated with hundreds of
new sponsorship letters. As of this writing, the final numbers of sponsored chemicals, as well as the names of the sponsoring
companies and consortia, are in considerable flux, but should be available by the beginning of the new year. (A list of the
currently sponsored HPV Challenge Program Chemicals can be found at http://www.epa.gov/chemrtk/spnchems.htm, where
there is also a link to the summary report of companies and consortia, as well.)
Why Are Companies Participating?:
Many companies are participating because they understand that under the industry's principles of Responsible Care they can
and should do nothing less. They also were troubled when they saw how few HPV chemicals had complete public test data
available and they agreed that the existing gaps needed to be filled. In addition, they recognized that there were real practical
advantages to participating in a voluntary program, rather than waiting for the imposition of a test rule. For example, under
the voluntary program there is much more flexibility in the ways that the data can be acquired and made available. Now that
the voluntary sponsorship phase of the HPV Challenge Program has ended, any HPV chemicals that have not been sponsored
are subject to being included in a Test Rule under Section 4 of the Toxics Substance Control Act (TSCA). Under TSCA-
directed testing there is no such flexibility.
Who is Participating?:
It initially appeared that the majority of the companies who first signed up to sponsor chemicals, either individually or as part
of consortia, were among the larger companies in the industry. For example, about 70 percent of the largest Fortune Magazine
chemical companies are on the list of sponsoring firms (seven of the top ten firms and 18 of the top 25). Many of the
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sponsoring companies are also members of one or more of the larger trade associations, such as CMA or the American
Petroleum Institute (API), and are participating in consortia that are sponsored by those organizations.
Early in the program, the smaller firms, particularly those among the specialty and batch producing segment of the industry,
had expressed concerns about their ability to participate and were not as well represented on the sponsors list. As the volunteer
period has drawn to a close, however, many of the smaller firms have also begun to respond, particularly as members of the
consortia that were established by the trade associations that represent their segment of the industry. The Synthetic Organic
Chemical Manufacturers Association (SOCMA) and its members can be specially recognized for their efforts here, as well as
the members and trade associations of the dye and pigments, and flavors and fragrance, industries.
We should note here that the actual conduct of the HPV Challenge Program should have only a minimal effect on small
business, since there already exists a small business exemption in TSCA-related activities, including the Inventory Update Rule
(IUR) reporting. Companies that produce less than 10,000 pounds per year are exempt from reporting under the Inventory
Update Rule and it was the 1990 IUR that was used to generate the actual HPV Challenge Chemical list, that is, those
chemicals reported in 1990 for which the aggregate production volume was one million pounds or greater. Irrespective of their
participation in this program, our dialogues with the smaller companies and the trade organizations that represent them
continues. We remain committed to working with small businesses, particularly those within the specialty and batch chemical
industry, and their representatives on the issues of particular concern to them.
Key Dates and Timeline:
Companies had until December 1st, 1999 to sign-up and sponsor chemicals under the voluntary phase of the Program. At that
time the voluntary phase closed. Yet, some companies might still decide that they wish to enter into the HPV Program, either
individually or as members of the various consortia. In that case, they may still be able to participate prior to their chemicals
being listed on a final test rule. For example, they might be able to participate in either the International Council of Chemical
Associations (ICCA) or Organization for Economic Cooperation and Development (OECD) international programs. In any
event, they should make their desires known to the Agency as soon as possible. One of the easiest ways to send a comment or
request information on the HPV program is through the ChemRTK web page at http://www.epa.gov/chemrtk . (Enter the site
and click on the "Submit Technical Questions" button.)
Although the period to sign up to sponsor HPV chemicals has ended, the actual program implementation and its generation of
the necessary testing information will continue through 2004. Through both voluntary and regulatory means, EPA will assure
that testing and data collection meets the goals set by the Vice President.
Open Stakeholder Meetings:
In collaboration with various trade associations (CMA, API, SOCMA and others) and non-governmental organizations (EDF,
the Doris Day Animal League, and others), during 1999 the Agency held a total of five scheduled stakeholder meetings in the
Washington, DC, area, each sponsored by one or another of the major stakeholder groups. The final meeting under the
voluntary phase of the program took place on November 9th. While new rounds of meetings have not yet been scheduled, it is
all but certain that future meetings will continue to be scheduled as the program matures from its solicitation to its
implementation phases.
How can you find out more about this Program?
For more information on the Program and to leam of new developments as they occur, you may visit our Web Site at
www.epa.gov/chemrtk.
How can you express your concerns/issues to EPA on this Program?
You may submit comments on our Web Site (www.epa.gov/chemrtk), as noted above, or you may contact the Office of
Pollution Prevention and Toxic's Small Business Liaison — Frank Neumann at (202) 260-1772 or at neumann.frank(S),epa.gov.
In conclusion, we are interested in hearing any ideas you might have on how we might ensure that small business concerns are
well-represented, so please write me:
Frank Neumann
Office of Pollution Prevention and Toxics
Mailcode 7408
U.S. Environmental Protection Agency
Ariel Rios Building
1200 Pennsylvania Avenue, NW
Washington, DC 20460
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ENERGY STAR TO EMPHASIZE ONLINE TECH SUPPORT
As small business' own e-commerce Web sites and Internet use continue their rapid growth,
EPA's ENERGY STAR Small Business program will provide enhanced online support for
cutting energy costs. In 2000, the ENERGY STAR Small Business Web site will increase its
free tools and ease of use for helping small firms find energy efficiency products and services at
better prices. Cutting energy costs 30 per cent is typical for small businesses who make a
serious effort. ENERGY STAR provides unbiased, free technical support.
Early in 2000, ENERGY STAR Small Business will add an "action" area to its award-winning
informational Web site, at www.epa.gov/smallbiz. The Web site recently won its third award
for content, ease of navigation and appearance. At the Web Site, small businesses can download
a free 100-page book for "non-technical" business owners, find nearly 50 case studies on
successful upgrades of diverse small businesses, and use a state-by-state finance directory.
Small firms can also e-mail technical questions for response, and a toll-free hotline backs up the
Web site with live tech support. Small firms can also submit their own "success stories" online
for national awards.
First, the new energy efficiency action area will help small businesses find tools, software, and
local contractors to evaluate their facilities for energy savings potential. Secondly, the finance
directory already online will continue to grow as many electric utilities renew their support for
small business energy efficiency, and other new sources of finance become available.
Thirdly, an exciting example already online for helping small business get better prices on
products is the link (from the Web site's "tech info") to the US Department of Energy (DOE)
Web site to purchase "subcompact" fluorescent lamps, which fit virtually all sockets now using
conventional (and very wasteful) incandescent bulbs. Here small firms can buy "state-of-the-
art" lighting at very competitive prices thanks to US DOE competitive bidding. DOE anticipates
further efforts make other efficiency technology more affordable, and ENERGY STAR will
ensure that small business can easily find these opportunities.
ENERGY STAR is also working with private sector energy efficiency product and service
vendors who are interested in aggregating small business purchasing power to get better prices
for individual small business who participate in group purchasing.
Finally, small "office" type buildings over 5,000 square feet in size can now use the ENERGY
STAR Buildings online tools to "benchmark" their facilities against comparable national energy
users, and determine what efficiency upgrades would most profitable. This analytical Web site
is accessible through the "Tech Info" section of the ENERGY STAR Small Business Web site.
Modules for retail and grocery stores will go online later in the year.
ENERGY STAR Small Business ended 1999 working with about 2400 voluntary small business
"Partners" who want to cut their energy costs. For information, ENERGY STAR Small
Business is online at www.epa.gov/smallbiz. or can be called toll-free at 1-888 STAR YES
(1-888-782-7937). All information and services are free of charge.
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United States
Environmental Protection
Agency
Office of Research and
Development
Washington, DC 20460
oEPA
EPA's Small Business Innovation
Research (SBIR) Program
The Environmental Protection Agency (EPA) is one of 10 federal agencies that
participate in the SBIR Program established by the Small Business Innovation
Development Act of 1982. The purpose of this Act was to strengthen the role of
small businesses in federally funded R&D and help develop a stronger national base
for technical innovation. A small business is defined as a for profit organization with
no more than 500 employees. In addition, the small business must be independently
owned and operated, not dominant in the field of operation in which it is proposing,
and have its principal place of business located in the United States. Joint ventures
and limited partnerships are eligible for SBIR awards, provided the entity created
qualifies as a small business.
EPA issues annual solicitations for Phase I and Phase II research proposals from
science and technology-based firms. Under Phase I, the scientific merit and technical
feasibility of the proposed concept is investigated. EPA awards firm-fixed-price Phase
I contracts of up to $70,000 and the period of performance for these contracts is
typically 6 months. Through this phased approach to SBIR funding, EPA can
determine whether the research idea, often on high-risk advanced concepts, is
technically feasible, whether the firm can do high-quality research, and whether
sufficient progress has been made to justify a larger Phase II effort. The Phase I
report also serves as a basis for follow-on commitments.
Phase II contracts are limited to small businesses that have successfully completed
their Phase I contracts. The objective of Phase II is to further develop the concept
proven feasible in Phase I. Competitive awards are based on the results of Phase I
and the scientific and technical merit and commercialization potential of the Phase II
proposal. Under Phase II, EPA can award contracts of up to $295,000 and the period
of performance is typically 2 years. The goal of Phase II is to complete the R&D
required to commercialize the technology.
EPA's next Phase I Solicitation will open on March 30, 2000, and will close
on May 25, 2000. The solicitation will be posted on the National Center for
Environmental Research and Quality Assurance WEBSITE at:
http://www.epa.gov/ncerqa/sbir
Please note that last year's solicitation is still on the WEBSITE for informational
purposes only. The solicitation includes a description of the program and descriptions
of typical topic areas. This solicitation also is available by fax. If you need a fax copy
of last year's solicitation or if you have any questions, please call the EPA SBIR
Helpline at:
1_800-490-9194
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NATIONAL AGRICULTURE
COMPLIANCE ASSISTANCE CENTER
Helping Agriculture Comply with Environmental Requirements
The "first stop" for people in the agricultural
community who need information on compliance
with environmental regulations is the National
Agriculture Compliance Assistance Center.
Offered by the U.S. Environmental Protection
Agency (EPA) with the support of the U.S.
Department of Agriculture (USDA), the Ag Center
offers comprehensive, easy-to-understand
information about approaches to compliance that are
both environmentally protective and agriculturally
sound.
The Ag Center—a part of EPA's Office of
Compliance—is focusing first on providing
information about EPA's own requirements. The
Center relies heavily on existing sources of
agricultural information and established distribution
channels.
Growers, livestock producers, other agribusinesses,
and agricultural information/ education providers can
access the Center's resources easily—through
telephone, fax, mail, and the Internet.
Working with
other
agricultural
agencies
USDA and other
agencies provide
educational and
technical information on
agricultural production,
but assistance in
complying with
environmental requirements has not been as readily
accessible. The Ag Center is working with USDA
and other federal and state agencies to provide the
agricultural community with a definitive source for
federal environmental compliance information.
The Ag Center offers information on a variety of
topics, including:
Pesticides
Animal waste management
Emergency planning and response
Groundwater/surface water
• Tanks/containment
Solid/hazardous waste
The Ag Center also supports regional and state
regulatory agencies in their effort to provide
compliance assistance to local agricultural
communities.
Ag Center Products and
Services
• An Internet home page regularly updated and
expanded with current news, compliance policies
and guidelines, pollution prevention information,
sources of additional information and expertise,
and summaries of regulatory initiatives and
requirements.
• User-friendly materials that consolidate
information about compliance requirements,
pollution prevention, and technical assistance
resources for use by regional and state assistance
and educational programs, trade associations,
businesses, citizens, and local governments.
• Agriculture-related information on reducing
pollution and using the latest pollution
prevention methods and technologies.
• Identification of common-sense, flexible ways to
reduce the costs of meeting environmental
requirements, including identification of barriers
to compliance.
Ag Center
National Agriculture
Compliance Assistance Center
Toll-free: 1-888-663-2155
Internet:
www.epa.gov/oeca/ag
Fax: 1-913-551-7270
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SMALL BUSINESS ENVIRONMENTAL HOME PAGE
http://www.smallbiz-enviroweb.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's Section 507 programs 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.
For those who have not visited the Small Business Environmental Home Page lately, please check
it out again! The links and resources on the Home Page are continuously updated, and the following
are recent additions and improvements:
# NEW! The National Small Business Financial Assistance (SBFA) Work Group, created to
respond to the need of small businesses for financial assistance from the government, now has
a web page on the Home Page. This web page (http://www.smallbiz-
enviroweb.org/fmancialgroup.html) provides news on the Work Group and direct links to
downloadable monthly bulletins in Word and PDF formats.
# Don't forget the performance measurement tools and success stories searchable database
(http://www.smallbiz-enviroweb.org/perfrneas.asp) still needs your tools and stories to add!
The database enables tools from states and EPA to be reviewed and directly downloaded,
revised, and used.
# The publications searchable database now includes over 2,270 directly linked publications and
fact sheets!
# The videos searchable database now has about 440 videos on health and safety training,
environmental information, and small business assistance!
# The Pollution Prevention/ISO 14000 subpage has been updated, new SBREFA fact sheets
have been added to the Small Business Initiatives/Policies/Laws subpage, a new Compliance
Assistance Centers brochure has been added, and contact lists and other links have been
updated.
# Go to the State News-Share and Find! subpage to find out the latest state and EPA news
focused on small business. Coming soon is a new way to share and find state news!
# Remember...You can find out what's been added/revised on the Home Page by clicking on
the What's New button!
In addition to the newer features described above, the Home Page continues to include: links to state
environmental agencies and small business assistance program web sites, SBO update newsletters,
Key Compliance Advisory Panel (CAP) contacts and meeting information, links to state
environmental newsletters and funding information subpages, compliance information (including
monthly regulatory updates, environmental reporting calendar and requirements checklist, law
summaries, links), EPA and small business assistance program contact lists, links to trade associations
and listing of trade association contacts, summaries and links to new small business initiatives and
policies, industry sector links, funding help, and links to environmental and other helpful sites.
Users are encouraged to provide information on events, news, contacts, publications/fact sheets,
videos, CAP information, performance measurement tools and success stories, and corrected/new
links to include on the Home Page, and any comments and suggestions about the Home Page to
Audrey Zelanko (zelankoa@ctc.com and audreyz@ccia.com; 412/826-6807).
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WHERE TO CALL FOR MORE INFORMATION AND HELP
EPA SMALL BUSINESS OMBUDSMAN
Toll Free Local and DC Area T.D.D. Fax
(800)368-5888 (202)260-1211 (202)260-1258 (202)401-2302
Homepage www.epa.gov./sbo
EPA Web Pages and Hotlines Phone Number
National Center for Environmental Publications 800-490-9198
(www.epa.gov/ncepihom/index.html) 51 3-489-8190
Indoor Air Quality Information Clearinghouse 800-438-4318
(www. epa .qov/iaq)
Radon 800-767-7236
(www. epa .qov/iaq/radon)
EPA Energy Star 888-782-7937
(www.epa.gov/smallbiz)
Clean Air Technical Center 919-541-0800
(www.epa.gov/ttn/catc)
Mobile Sources (Emissions) 734-214-4333
(www. epa. go v/omswww)
Emission Measurement Center 919-541-0200
(www.epa.gov/ttn/emcl)
Stratospheric Ozone Information 800-296-1996
(www. epa. gov/ozone)
Acid Rain (emission trading, auctions, Information) 202-564-9620
(www.epa.gov/acidrain)
Safe Drinking Water Hotline 800-426-4791
(www.epa.gov/safewater)
National Small Flows Clearinghouse (WV Univ) 800-624-8301
(www.nsfc.wvu.edu)
Storm Water Phase II Information 202-260-5816
(www.epa.gov/owm/sw2.htm)
Water Resource Center 202-260-7786
Pollution Prevention Information Clearinghouse 202-260-1023
National Solid & Hazardous Waste Ombudsman 800-262-7937
Washington Metro Area 202-260-9361
Wetlands Information 800-832-7828
(www.epa.gov/owow/wetlands)
U.S. EPA RCRA, Superfund & Underground Storage Tanks Hotline 800-424-9346
Washington Metro Area 703-41 2-981 0
(www.epa.qov//epaoswer/hotline)
Emergency Planning & Community Right to Know Title III (EPCRA) 800-535-0202
Washington Metro Area 703-412-9877
Toxic Substance Control Act (TSCA) & Asbestos Information for Schools 202-554-1404
Office of Pesticide Program Registration Division (Ombudsman) 703-305-5446
(www.epa.gov/pesticides)
Bio-Pesticide Staff Assistance 703-308-8098
(www.epa.qov/)pesticides/biopesticides)
National Pesticide Telecommunications Network 800-858-7378
(http://ace.orst.edu/info/nptn)
EPA Waste Wise/Waste Reduction 800-372-9473
(www.epa.gov/wastewise)
Office of Environmental Justice 800-962-6215
Office of Pollution Prevention & Toxics 202-260-2983
(www.epa.gov/opptintr)
Chemical Emergency Preparedness & Prevention Office 202-260-7938
(CEPPO) Small Business Liaison
(www.epa.gov/ceppo)
Small Business Innovation Research (SBIR) 800-490-9194
(http://es.epa.gov/ncerqa/sbir)
EPA Inspector General (IG) 202-260-4977
(www.epa.gov/oigearth/index.htm)
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OTHER WEBSITES & HOTLINES Phone Number
! Small Business Environmental Home Page (412) 826-6807
(www.smallbiz-enviroweb.org
! Recycling Hotline (800) 253-2687
(www.recycle, net./recycle)
! National Technical Information Service (NTIS) (800) 553-6847
(www.ntis.gov) (703) 605-6000
! National Response Center for reporting oil spills and hazardous (800) 424-8802
substance releases
Washington Metro Area (202) 267-2675
(www.nrc.uscg.mil)
! Department of Energy (DOE)-National Alternative Fuels Hotline (800) 423-1363
(www.afdc.nrel.gov)
! Energy-efficiency & Renewable Energy.Clearinghouse (800) 363-3732
(Operated by the DOE)
(www.eren.doe.gov)
! DOT-Transportation of Hazardous Materials (800) 467-4922
(http://hazmat.dot.gov)
! CHEMTREC Center Non-Emergency Service operated by the (800) 262-8200
(Chemical Manufacturers Association)
(www.cmahg.com/cmawebsite.nsf/pages/chemtrec)
! Center for Management Courses on ISO 9000/14000 (703) 250-5900
(http://es.epa.gov/cooperative/topics/iso14000.html)
! National Lead Technical Information Center (800) 424-5323
Washington Metro Area (202) 974-2476
(www.nsc.org/ehc/lead.htm)
! Small Business Administration (800) 827-5722
(www.sba.gov)
! Regulatory Fairness Boards (SBA) (888) 734-3247
(www.sba.gov/regfair)
! Occupational Safety & Health Administration (OSHA) (800) 321-6742
(Worker Safety Referral Services)
(www.osha.gov)
! American Lung Association (800) 586-4822
(www.lunqusa.org)
! Consumer Product Safety Commission (800) 638-2772
(www.cpsc.gov)
! Radon (National Safety Council) (800) 557-2366
(www.nsc.org/ehc/indoor/radon.htm)
! INFOTERRA/USA (202) 260-591 7
(www.epa.gov/INFOTERRA)
! Government Printing Office (202) 512-1800
(www.gpo.gov/#info)
! National Institute of Occupational Safety and Health (800) 356-4674
(www.cdc.gov/niosh/homepaqe.html)
! National Environmental Training Center for Small Communities (800) 624-8301
(www.estd.wvu.edu/netc/netcsc_homepage. html)
EPA REGIONAL REGULATORY SMALL BUSINESS LIAISONS
REGION 1 CT, ME, MA, NH, Rl, VT Dwight Peavey (617)918-1829
2 NJ, NY, PR, VI John D. Wilk (212)637-3918
3 DE, DC, MD, PA, VA, WV David Byro (800)228-87117(215)814-5563
4 AL, FL, GA, KY, MS, NC, SC, TN Annette V. Hill (404) 562-8287
5 IL, IN, Ml, MN, OH, Glynis Zywicki (312)886-4571
6 AR, LA, NM, OK, TX David Gray (800)887-60637(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, AS, GU Mark Samolis (415) 744-2331
10 AK, ID, OR, WA Bill Dunbar (206)553-1138
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STATUS OF HIGH VISIBILITY ACTIONS
OBTAINING ADDITIONAL INFORMATION
FOR SMALL BUSINESS
Some articles in this newsletter cite certain reference publications by Item Number that provide additional information on the topic. These
publications can be ordered by completing the Publication Order form on page 47. 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 1-800-368-5888/202-260-1211.
RECENT INITIATIVES TO BETTER SERVE YOU
Our efforts to assist the Small Business Community continue
at a high level. Here are some more things we have done or are
currently doing to help you over the past year.
! Hosted sixth National Small Business Ombudsman and
Technical Assistance Program Conference in Tampa, FL,
attended by 47 States, 2 Territories, and the District of
Columbia (200 participants), and have set plans through a
grant to the state of Montana's Department of Environmental
Quality for a seventh Conference in Missoula, Montana in
June 2000.
! Developed external stakeholder guidance and acted as a
principal participant in the Agency's Eighth Regulatory
Tiering (prioritizing) Process.
! Coordinated individual meetings and follow-up meetings
between major small business trade associations and the EPA
Deputy Administrator, Assistant Administrators, and Agency
Small Business Program Office Representatives on April 17,
June 17, September 18, November 24, 1998, and June 11,
1999, to discuss small business initiatives and issues.
! Finalizing EPA's 1998 Small Business Ombudsman Report to
Congress under Section 507 of the 1990 Clean Air Act
Amendments. Received 3-year ICR approval for reporting of
years 1998-2000 from the Office of Management and Budget.
! Cooperatively managing Small Business Regulatory
Enforcement Fairness Act of 1996 small business entity
outreach activities in order to implement Act requirements.
! Conducted annual Small Business Liaison Conference for
EPA Regional Small Business Representatives on August 3-4,
1999 which was also attended by over a dozen state small
business program representatives.
! Upgraded EPA Small Business Ombudsman Home Page on
http:/www. epa.gov/sbo.
! Participated in 40 to 50 EPA Regulatory work groups as
formal reviewers to represent Small Business concerns.
! Conducted fourth State Compliance Advisory Panel (CAP)
Training in April for 22 CAPs utilizing a newly completed
Compliance Advisory Panel Management Manual to assist
State CAPS with their Clean Air Act responsibilities, and
planning another for June 2000.
! Issued Environmental Management Assistance Guide for
Small Laboratories and are well along in the process of
upgrading and expanding the document, as well as a Source
Book on Environmental Auditing for Small Business.
! Issued a State Resource Guide for Small Business Assistance
Programs.
! Awarded October 6, 1999, and in the process of implementing
Cooperative Agreement Programs with ten states to improve
small business technical assistance and outreach and to
measure their assistance effectiveness. Conduct one-day
specialized training to potential awardees of August 5, 1999.
CLEAN AIR ACT (CAA)
IMPLEMENTATION STRATEGY UPDATE
EPA's Office of Air and Radiation has prepared a 1999
Implementation Strategy publication. It outlines the schedule, by
industry, for issuing regulations required by the Clean Air Act. It is
included in our Item 1-11 package.
FINAL INTEGRATED URBAN AIR TOXICS
STRATEGY
This Strategy is a framework for addressing air toxics in urban
areas. Although existing programs have already achieved
substantial emission reductions, more needs to be done to reduce
toxics air pollutants, particularly in the urban areas. The Strategy
outlines actions to reduce emissions of air toxics and assessment
activities to improve EPA's understanding of the health and
environmental risks posed by air toxics in urban areas. The Strategy
includes a list of 33 air toxics that pose the greatest potential health
threat in urban areas, and also provides a list of area sources
responsible for a substantial portion of the emissions of these air
toxics. For more information about the Strategy, visit EPA's website
at www.epa.gov/ttn/uatw/l 12k/urbanpg.html or call EPA's Office of
Air Quality, Planning and Standards at 919-541-4487.
AMENDMENT AND CHANGES TO THE
OPERATING PERMIT PROGRAM FINAL RULE
In 1992, EPA issued regulations providing for the
establishment of comprehensive state air quality permitting systems
consistent with the requirements of Title V of the Clean Air Act.
The Rule allows States to issue a general permit covering numerous
similar small sources, each of which need only submit information
covering its eligibility. The Rule was revised and expanded in
1994, including the provision of more flexibility in the revision of
permits, with more flexibility provided in 1995. Amendments were
published on June 3, 1996, providing non-major source emission
exemptions. See 7/1/96 Code of Federal Regulations (CFR), Part 70.
In July 1998, the Agency extended state operating permit programs
interim approvals until 6/1/00. For detailed history, see our Item I-
25.
EPA SMALL BUSINESS OMBUDSMAN
JANUARY 2000
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CAA - A GUIDE FOR SMALL BUSINESSES
A booklet entitled The Clean Air Act Amendments of 1990: A
Guide for Small Businesses was published in 1992, Item 1-36.
This guide provides small businesses a broad overview of the Act's
complex requirements and the effects they are likely to have, in
general, on a small business. The guide provides telephone
numbers and addresses 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.
COURT OF APPEALS FOR THE DISTRICT OF
COLUMBIA DECISION ON NEW NATIONAL
AMBIENT AIR QUALITY STANDARDS
REVISIONS FOR PARTICULATE MATTER
AND OZONE
American Trucking Associations, Inc. v. USEPA,
Nos. 97-1440 and 97-1441
(B.C. Cir. May 14, 1999
Summary of Decision
In July 1997, EPA issued health-based air quality standards
for ozone and particulate matter. In response to challenges
filed by industry and others, a 3-judge panel of the Court of
Appeals for the District of Columbia Circuit issued a split
opinion on May 14, 1999.
• The Court held (2 to 1) that the Act, as applied and absent
further clarification, is unconstitutional because it "effects an
unconstitutional delegation of legislative power."
Contrary to the claims made by petitioners and other critics,
nothing in the court's opinion undercuts or criticizes the
science on which EPA relied.
• The Court rejected petitioners' claims that EPA should take
cost into account in setting the air quality standards.
• Contrary to the claims made by petitioners, nothing in the
Court's opinion undercuts or criticizes the process EPA used.
• The Court held paradoxically that the Clean Air Act allows
EPA to revise the primary ozone standard, but stated that
revised ozone standard "cannot be enforced."
In addressing whether EPA should have considered alleged
benefits of ozone as a shield in blocking UVb radiation, the
Court held that EPA must consider whether ozone has a
beneficial effect, and if so, consider such effects in assessing
ozone's net effects on health.
• The Court found "ample support" for EPA's decision to
regulate coarse particulate pollution below the 1987 levels,
but also found that PM10 was "a poorly matched indicator for
coarse particulate pollution" because PM10 includes fine
particles.
The Court rejected petitioners' claim that EPA should have
considered any detrimental health effects relating to
unemployment that allegedly would be caused by the
NAAQS.
The Court upheld EPA's decision to rely on the regional haze
program to mitigate some of the adverse visibility effects
caused by PM2.5.
• The opinion remanded the cases to EPA for further
consideration.
• The Court left the new ozone standard in place based on its
determination that it "cannot be enforced."
• The Court vacated the revised coarse particle (PM10)
standards.
• The Court will a briefing schedule to determine whether the
PM2.5 standards should be vacated or remain in place while
the case is remanded to the agency.
Summary of Opinions Re EPA's Request for
Rehearing of May 14,1999 Decision
On June 28, 1999, EPA filed a petition for rehearing on three
aspects of the May 14 decision.
> The petition gave the original three-judge panel the
opportunity to reconsider and modify portions of its May
14 decision.
> The petition also asked the entire B.C. Circuit to rehear
three issues and reverse the decision of the original panel.
> The three aspects at issue were whether the panel erred:
# in determining that the Act, as applied and without
further clarification, represents an unconstitutional
delegation of legislative authority;
# in concluding that EPA lacks authority to implement
the revised, more stringent ozone NAAQS;
# in determining that EPA must consider alleged
benefits of ozone pollution to address health risks
posed by the sun's natural rays when setting an ozone
NAAQS.
On October 29, 1999, the Court responded to EPA's petition.
> The original three-judge panel kept most of its original
decision as issued on May 14, but it partially modified
one aspect of its decision (see the "Ability to Enforce
Ozone Standard" section below).
> Rehearing before the entire court was denied, although
the majority of voting judges voted in favor of rehearing.
> On the key constitutional issue, of the nine judges who
voted, five voted in favor of granting the petition for
rehearing in front of the entire Court. (Two judges did not
participate in the decision for unspecified reasons.)
# -The petition for rehearing was denied, however,
because the court rules require a majority of the 11
active judges to vote for rehearing (rather than a
majority of the voting judges).
# -A vigorous opinion in favor of rehearing, stated that
the panel's decision on the constitutional issue was
"fundamentally unsound" and went on to conclude
that "the panel implicitly asserts a greater role for a
reviewing court than is justified."
The industry challengers to the July 1997 health-based air
quality standards did not seek rehearing on any of the issues
they lost in the May 14 decision — including those portions of
the panel's decision that upheld key aspects of the science EPA
relied on and the process EPA followed in setting the
standards.
NONDELEGATION DOCTRINE:
> May 14 Panel Decision: In the May 14 decision, the Court
held (2 to 1) that the Clean Air Act, as applied and absent
further clarification, is unconstitutional because it "effects
an unconstitutional delegation of legislative power."
# The Court stated that "the factors EPA uses in
determining the degree of public health concern
associated with different levels of ozone and PM are
reasonable."
# However, the Court said that when EPA considers
these factors for non-threshhold pollutants, "what
EPA lacks is any determinate criterion for drawing
lines" to determine where the standard should be set.
# The vigorous dissent on this issue stated that the
EPA SMALL BUSINESS OMBUDSMAN
JANUARY 2000
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relevant Clean Air Act provision's "delegation of
authority is narrower and more principled than
delegations the Supreme Court and this court have
upheld since [a 1935 case relied on by the
majority]."
> October 29 Panel Decision on Rehearing Request: In a
split opinion reiterating its earlier views, the panel
denied rehearing on this issue.
> Request for Rehearing Before the Entire Court: Of the
nine judges voting, five voted to have the entire Court
rehear the case — six votes were needed to grant
rehearing. Four of these five clearly said that the panel's
decision on the nondelegation doctrine should be
reversed.
# In a strongly worded opinion, three judges
concluded that, "Not only did the panel depart from
a half century of Supreme Court
separation-of-powers jurisprudence, but in doing
so, it stripped the Environmental Protection Agency
of much of its ability to implement the Clean Air
Act, this nation's primary means of protecting the
safety of the air breathed by hundreds of millions of
people."
ABILITY TO ENFORCE THE REVISED OZONE
STANDARD
> May 14 Panel Decision: In the May 14 decision, the
Court held pardoxically that the Clean Air Act allows
EPA to revise the primary ozone standard, but stated
that the revised ozone standard "cannot be enforced."
> October 29 Panel Decision on Rehearing Request: In
response to EPA's petition for rehearing, the panel
modified this portion of the opinion.
# The panel replaced language in the May 14
decision stating that the revised ozone standard
"cannot be enforced" with language saying that it
could be enforced "only in conformity with Subpart
2."
# -The majority did not explain what it meant to
enforce a revised ozone standard "in conformity
with Subpart 2," which sets out specific
requirements for enforcing the pre-existing 1-hour
ozone standard.
# -The concurring opinion states that this "leaves
open the possibility that the new ozone standard
can be implemented in areas that have attained the
old standard."
> The panel also changed the May 14 decision to say that
Subpart 2 does not bar EPA from enforcing a revised
secondary air quality standard. This replaced language
that would have precluded EPA from enforcing a revised
secondary standard before an area had attained the
pre-existing 1-hour standard.
> The panel also modified its rationale for not vacating the
8-hour ozone standard. It continues to allow the 8-hour
standard to remain in effect because "the parties have
not shown that the standard is likely to engender costly
compliance activities in light of our determination that it
can be enforced only in conformity with Subpart 2."
> Request for Rehearing Before the Entire Court: The
petition for rehearing this issue before the entire court
was denied.
CONSIDERATION OF UVb RADIATION
> May 14 Panel Decision: In addressing whether EPA
should have considered alleged benefits of ground-level
ozone as a shield in blocking ultraviolet (UVb) radiation,
the May 14 decision held that EPA must consider whether
ground-level ozone has a beneficial effect, and if so,
consider such effects in assessing ozone's net effects on
health.
> October 29 Panel Decision on Rehearing Request: The
petition for rehearing on this issue was denied.
> Request for Rehearing Before the Entire Court: The
petition for rehearing on this issue was denied.
We will continue to keep you up to date on any new
development.
NEW CAA MEDICAL WASTE INCINERATOR
RULE
This final rule applies to incinerators that are used to burn
hospital waste and/or medical/infectious waste (MIW). The rule
encompasses incineration at hospitals, other health care type
facilities, and commercial waste disposal incinerators that burn
these wastes. For both new and existing sources, the regulation
provides incinerator operators with a number of compliance options,
i.e., pollution control technologies to meet the new air emission
standards depending on the size of the MIW. We have worked
closely with small community hospitals to provide them with the
most affordable way to meet the new requirements. Rural
incineration facilities are required to meet less stringent emission
limits, but must still make changes, See OSBO, Item 1-46.
NATIONAL EMISSION STANDARDS FOR
HAZARDOUS AIR POLLUTANTS (NESHAP)
RULES AVAILABLE FOR SOME INDUSTRIES
In 1994, a General Provisions Rule was issued to establish a
consistent set of requirements for NESHAPs under the air toxics
provisions of the Clean Air Act, Item 1-20. Since then, EPA has
finalized rules which affect many small businesses, including
various types of *Halogenated Solvent Cleaning Processes, Item I-
21; (See new revised Direct Final Rule w/Amendments),
*Chromium Electroplating and Anodizing Operations—revision of
compliance deadlines for California: Federal Register (FR) 1/30/97
and area source deferrals FR 8/18/99, Item 1-22; *Ethylene Oxide
Emissions from Commercial Sterilization and Fumigation
Operations, Item 1-23 (IMPORTANT NOTE: Certain portions of
the Rule have been SUSPENDED until December 6, 2000, and
December 6, 2001); *Dry Cleaners—rule amended relative to certain
transfer machines, Item 1-27; Aerospace Manufacturing and Rework-
-amendments and control techniques guidelines finalized 9/1/98,
Item 40; Wood Furniture Manufacturing and control techniques ,
Item 1-41; Printing and Publishing, Item 1-42 which includes
proposed amendments; and Hospital/ Medical/ Infectious Waste
Incinerators, Item 1-46. Rules have also been finalized for
Consumer Products-9/11/98, Item 1-43; Automotive Refinish
Coatings-9/11/98, Item 1-44; and Architectural Coatings-9/11/98,
Item I- 45. All these rules include a schedule for various product
regulation.
The NESHAP for Hazardous Organic Compounds (HON) in
production operations, primarily in Synthetic Organic Chemical
Manufacturing, was issued in 1994. Amendments and/or revisions
have been issued in the Federal Registers, and since then in almost
every year. Several of the amendments exclude some volatile
organic compounds and ease implementation plan requirements.
Equipment leaks have also been addressed. Item 1-24.
IMPORTANT NOTE:
*Discretionary deferment of Title V Operating Permit requirements
EPA SMALL BUSINESS OMBUDSMAN
JANUARY 2000
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for area sources has been extended to 12/09/04 for: Halogenated
Solvent Cleaning, Chromium Electroplating and Anodizing,
Ethylene Oxide Sterilization and Fumigation, Dry Cleaning, and
Secondary Lead Smelting. Final rule was published in 12/12/99
FR, pp. 69637-643.
CAA LIST OF SOURCE CATEGORIES AND
SCHEDULE FOR REGULATING HAZARDOUS
AIR POLLUTANTS
On November 18, 1999, EPA published a new revision to the
Initial List of Categories of Sources, as required under Section 112
(c)(l) of the Clean Air Act of 1990; and a revised schedule for the
Promulgation of Emission Standards for the above categories. An
advance notice to propose adding more Research and Development
Facilities was issued on 5/12/97, Item 1-28.
STATE MOTOR VEHICLE INSPECTION
MAINTENANCE PROGRAMS PROVIDED
MORE FLEXIBILITY
In 1992, EPA published a Final Rule making the subject
programs tougher, including a requirement for "test only" stations.
Our Office raised strong objections to that rule, because of the
adverse impact on many small businesses. In 1995, EPA published
a Final Rule allowing the states flexibility in designing their
enhanced auto inspection programs. This rule was amended on
9/23/96 and 1/9/98 and a new proposal issued on 8/20/99 . Item I-
29.
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 noncancer 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 calendar year 2000.
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.
STRATOSPHERIC OZONE PROTECTION
CFC PHASEOUT RULES
An accelerated phase-out of the production of
Chlorofluorocarbons (CFC), Halons, Carbon Tetrachloride, Methyl
Chloroform, and Hydrochlorofluorocarbons (HCFC) was mandated
and internationally endorsed in 1992 with reconsideration of
petition criteria and incorporation of Montreal Protocol Decisions:
Final rule, 6/1/998 FR 29240-245. Item 1-5. A final rule detailing
the above phase-out, with Methyl Bromide added, was issued, Item
1-15. Final rules also have been issued which control recovery and
recycling of all refrigerants during the servicing of on-road motor
vehicle air conditioners, Item 1-14; emissions reduction, and use of
certified personnel during servicing and disposal of all other air
conditioning and refrigeration equipment which use ozone
depleting substances,. Item 1-16. Rules were also issued banning
the use of CFCs and HCFCs in non-essential products, Item 1-17,
Labeling of products containing ozone depleting substances and
their packaging, Item 1-18, and significant new alternative
refrigerants, last update 12/6/99 FR 68039-043, Item-19.
CAA FIELD CITATION PROGRAM AND
MONETARY AWARD FINAL RULES
The proposed Field Citation's Rule allowing EPA field
inspectors to levy immediate, on-the-spot fines is on hold. EPA
issued a proposed Monetary Awards Rule outlining eligibility
criteria and general program implementation for making awards to
citizens upon the conclusion of civil or criminal cases. EPA is
presently making awards under its existing statutory authority. A
final rule outlining additional eligibility criteria is also on hold. No
date has been set for issuance of either final rule. See Item 1-12 for
both.
ACCIDENTAL RELEASE PREVENTION
REQUIREMENTS: RISK MANAGEMENT
PROGRAMS UNDER CLEAN AIR ACT SECTION
EPA has taken direct final action to amend the Chemical
Accident Prevention Provisions, also known as the Risk
Management Program (RMP) regulations, codified in 40 CFR part
68.
This action is set forth in the Federal Register (5/26/99 FR
28695-7041).
The revisions concern the worst-case release scenario analysis
for regulated flammable substances in 40 CFR 68.25. EPA is
issuing these revisions so that the regulated community can treat
regulated flammable substances in the same manner as regulated
toxic substances for determining the quantity released when
conducting a worst-case release scenario analysis. EPA is taking
this direct final action pursuant to a settlement agreement with the
American Petroleum Institute (API).
EPA clarified its interpretation of Clean Air Act sections 1 12(1)
and 1 1 2(r)( 1 1 ), as they relate to Department of Transportation
(DOT) requirements under the Federal Hazardous Materials
Transportation Law under a settlement agreement with the Chlorine
Institute (CI), (5/26/99 FR p. 28705). Item 1-30.
CHEMICAL SAFETY ACT
On August 5, 1999, President Clinton signed the Chemical
Safety Information, Site Security and Fuels Regulatory Relief Act.
The law concerns the public availability of the Offsite Consequence
Analysis portions of the Risk Management Plans submitted by
facilities under Section 1 12(R) of the Clean Air Act. It requires
most facilities to provide the public with a summary of this
information-either through holding a public meeting of by posting a
summary.
GUIDANCE FROM EPA ON POTENTIAL TO
EMIT (PTE)
In 1995 and 1996, in part to response to several court decisions,
EPA issued transitional guidance relative to the definition of PTE
under the Clean Air Act. PTE is important because of a source's
PTE determines its need for a State Operating Permit under Title V.
This Office has advocated that concerns of small businesses
EPA SMALL BUSINESS OMBUDSMAN
JANUARY 2000
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regarding clarity, realistic definitional parameters, and alternatives
be considered. EPA issued a second extension of the 1995
"transition" policy on 7/10/98, good until 12/31/99. In 1966 EPA
issued a clarification of methods for calculating PTEs in Batch
Chemical Manufacturing. Guidance to assist States in creating
minor source status for low-emitting sources in 8 industries
(gasoline service stations, gasoline bulk plants, boilers, cotton gins,
coating sources, printing, degreasers using volatile organic
solvents, hot mix asphalt plants) was issued on April 19, 1998.
Guidance regarding the PTE of some sources located on tribal
lands was issued on March 7, 1999. Finally, a new booklet has
been developed as a Guide to Small Businesses, Item 1-31.
CLEAN AIR ACT COMPLIANCE ASSISTANCE
ENFORCEMENT POLICY FOR SMALL
BUSINESSES
In 1994, EPA's Office of Enforcement and Compliance
Assurance issued a policy giving small businesses a limited grace
period. This policy provided them with additional time to correct
violations revealed during requested assistance from a State Small
Business Assistance Program established under Section 507 of the
CAAA, Item 1-13.
NEW SOURCE PERFORMANCE STANDARDS
AND EMISSION GUIDELINES FOR SEVERAL
CATEGORIES OF INDUSTRIAL COMBUSTION
SOURCES
The Clean Air Act (CAA) requires regulation of toxic air
pollutant emissions under Sections 112 and 129, from several
categories of industrial combustion sources, including boilers,
process heaters, waste incinerators, stationary combustion turbines,
and stationary internal combustion engines. These combustion
devices are used primarily for energy generation and waste
disposal in a wide variety of industries and commercial and
institutional establishments. They bum 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 date.
COMMERCIAL AND INDUSTRIAL SOLID
WASTE INCINERATION UNITS;
PROPOSED STANDARDS AND GUIDELINES (40
CFR Part 60, Subparts CCCC and DDDD)
The EPA has proposed air pollution emission limits for
incineration units that burn commercial and industrial waste
materials. The proposal, which was published in the Federal
Register on November 30, 1999 (vol. 64, no. 229, pages 67091-
67127, OSBO Item 1-^46), would require wet scrubbing on most
new and existing units. Additionally, there are proposed
requirements for operator training and qualification, preparation of
a waste management plan, and new unit siting. Nine pollutants are
addressed by the proposed rule, including dioxins/furans, lead, and
mercury. Public comments on the proposal are due by January 31,
2000.
NATIONAL RADON PROFICIENCY PROGRAM
EPA ceased operations of its National Radon Proficiency
Program on 9/30/98. Contact your State Radon Contact, (Item J-4)
to determine what are the, or whether there are, requirements
associated with providing radon measurement and or radon
mitigation/reductions in your state. Some states have proficiency
programs or requirements of their own, Item J-l.
CLEAN WATER ACT NEWS
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: transportation equipment cleaning, centralized waste
treatment, feedlots (swine, poultry, beef, and dairy cattle), iron and
steel, construction and development, metal products and machinery,
oil and gas extraction (focused on synthetic-based drilling fluids),
and coal mining.
For two of the rules under development-feedlots and metal
products and machinery-EPA convened a Small Business Advocacy
Review Panel in December 1999. Both Panels are on schedule to
complete their review and issue a report in February 2000. You can
check for updates on all of the effluent guidelines on the Internet at
http://www.epa.gov/OST/guide/.
CONFINED ANIMAL FEEDING
OPERATIONS (CAFOs): REVISIONS TO
EFFLUENT GUIDELINES AND NPDES
PERMIT REGULATIONS
EPA is revising the 1974 regulations for Confined Animal
Feeding Operations (CAFOs) as part of its settlement agreement
with the Natural Resources Defense Council. The revisions cover
three regulations, all on the same schedule:
> The effluent limitation guidelines for swine and poultry, which
are the technology-based standards for discharges of pollutants
from feedlots;
> The effluent limitation guidelines for beef and dairy, which are
the technology-based standards for discharges of pollutants
from feedlots; and
> The NPDES permit program regulations, which define the
universe of facilities that need to apply for a permit and the
permit conditions.
These revisions are needed because of the changes in the
industry over the past 25 years, including: concentration of animals
in fewer, larger operations; vertical integration within the industry;
and changes in the relationship between herd size and available land
EPA SMALL BUSINESS OMBUDSMAN
JANUARY 2000
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(e.g. more manure than can be properly applied to available land).
EPA is considering a number of changes to update the regulations
to reflect current industry characteristics and practices, and to
make the rules simpler and easier to understand. Changes under
consideration include: covering dry poultry operations, permit
requirements to develop Comprehensive Nutrient Management
Plans for the proper application of manure, and increased public
involvement in general permits for CAFOs.
EPA is currently in the process of conducting a SBREFA
panel (see article above) for these rules, and will factor the
findings into its options selection process later this year. EPA
plans to propose all three rules for public comment in December
2000.
REISSUANCE OF THE NPDES INDUSTRIAL
STORM WATER GENERAL PERMIT
(MULTI-SECTOR GENERAL PERMIT)
The current and (in nearly all instances) only general permit
available to industrial storm water dischargers is the Multi-Sector
General Permit (MSGP). This permit was originally published in
the Federal Register in 1995 and was subsequently modified in
1998. As with all NPDES permits, the maximum length of time
the MSGP is effective is five years, which occurs in September,
2000. EPA has revised the original / modified MSGP and will be
proposing the revision (known as the MSGP-2000) in the Federal
Register some time in January 2000. It will also be posted on the
internet at www. epa. gov/owm/sw web site.
All permittees currently covered by the MSGP will need to
obtain a copy of the MSGP-2000 after it becomes final, to ensure
that any new requirements are met and then submit a new Notice
of Intent (NOI) form to obtain coverage or a Notice of
Termination (NOT) form to indicate coverage is no longer needed.
A new "no-exposure" permitting exemption will also be available
to all industrial dischargers as of February 8, 2000. This new
exemption, as part of the Phase II storm water regulations,
provides incentives for industrial facilities to protect their
operations from storm water exposure. If this is a viable option for
a facility, the operator would not need an NOI or NOT, just the
submission of the No Exposure Certification form. At least
70,000 industrial facilities will be able to take advantage of this
new permitting exemption by protecting their operations from
storm water, such as covering operations under a storm resistant
shelter.
Comments on the proposed MSGP-2000 from interested
parties will be accepted for a period of 60 days following
publication, following which the comments will be addressed and
the permit language modified as appropriate. Information on
where to submit comments will be contained in the Fact Sheet
portion of the proposal.
REVISION OF PRETREATMENT
REQUIREMENTS
On July 22, 1999, EPA published a proposed rule to
streamline the General Pretreatment Regulations (40 CFR Part
403) in the Federal Register [64 FR 39563]. The purpose of the
proposed rulemaking is to reduce the burden to publicly-owned
treatment works (POTWs) and industrial users. The proposed
revisions would allow POTWs : more flexibility in regulating low
pH wastes, the option to establish either mass or concentration
based limits, to better tailor oversight of and sampling by significant
industrial users, and to allow the granting of removal credits for
certain pollutants. The proposed rulemaking also clarifies how
management practices and general permits can best be used, provide
for use of electronic reporting, and address other important program
issues. EPA worked with stakeholders (State approval authorities,
trade associations, industrial users, environmental organizations and
individual POTWs) prior to drafting the proposal by asking for their
review and comment on brief discussions of the issues. The public
comment period on the proposed rulemaking closed on November
19, 1999. EPA received 216 comments from a variety of interested
stakeholders. EPA is currently reviewing and preparing a response
to comments for inclusion in the preamble to the final rulemaking.
EPA anticipates promulgation of a final rule in early 2001.
ESTABLISHMENT OF ELECTRONIC
REPORTING FOR NPDES PERMITTEES
USEPA expects to propose a rule to allow NPDES reports and
other information to be submitted electronically. The proposed rule
would establish criteria for electronic reporting and a specific
process and conditions for electronic reporting of discharge
monitoring reports. The proposal addresses electronic signature,
certification, and record keeping requirements that permittees
would follow when submitting forms to USEPA electronically. The
proposal is planned for winter 2000.
SAFE DRINKING WATER ACT NEWS
The Safe Drinking Water Act (SDWA) has several provisions
that will benefit small water systems. EPA is seeking input from
small water systems and other stakeholders as it develops the
regulations, guidances, and assistance documents needed to help
states and water suppliers implement these provisions. EPA has
formed several working groups through the National Drinking
Water Advisory Council (NDWAC) that will provide input and
recommendations on EPA activities in SDWA implementation.
Each of these working groups has representatives of small water
systems. All of these meetings are open to the public, and small
businesses are invited to participate. Meeting information can be
found on the Office of Ground Water and Drinking Water's Internet
Website at www. epa.sov/OG WD W/ in the calendar section.
DRINKING WATER STATE REVOLVING
FUND
The reauthorized SDWA of 1996 included the establishment of
a Drinking Water State Revolving Loan Fund (DWSRF). States
receive capitalization grants which they use to fund eligible water
system drinking water infrastructure projects needed to address
problems in public health and improvements needed to comply with
drinking water standards. Under the DWSRF, States are required to
provide a minimum of 15% of available funds to small systems
serving fewer than 10,000 persons. Also, under the DWSRF set-aside
programs, States are allowed to take up to 2% of their DWSRF
allotment to provide technical assistance to small systems. Through
other set-aside categories, States can also provide technical assistance
to water systems in the areas of capacity development, operator
training, and source water protection. To date, 800 loans for $1.6
billion have been made to water systems for eligible projects. Of
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these 800 loans, 75% went to small water systems.
SMALL SYSTEM CAPACITY DEVELOPMENT
The SDWA Amendments create a focus on enhancing and
ensuring the technical, financial, and managerial capacity of water
systems to comply with National Primary Drinking Water
Regulations (NPDWRs). The Amendments provide states with a
number of new or improved tools for helping small systems,
especially systems which cannot afford to comply with NPDWRs
through conventional approaches.
In August 1998, EPA released guidance documents to assist
states with ensuring new water system capacity and to develop a
capacity development strategy for systems already in existence. A
subgroup of NDWAC provided formal input to EPA as it
developed these guidances. Recently, the subgroup also finished
producing two documents concerning small systems to assist them
in their deliberations: Small System Regulatory Requirements
Under the Safe Drinking Water Act as Amended in 1996 and
National Characteristics of Drinking Water Systems Serving
Populations Under 10,000. Copies of all these documents can be
requested through the Safe Drinking Water Hotline on 1-800-426-
4791.
Over the past year, states submitted to EPA programs to
ensure that any new system commencing operation after October
1, 1999 will demonstrate technical, managerial, and financial
capacity. Every state met the September 30, 1999 deadline for the
new systems capacity development program. States are now
developing and enhancing strategy programs to help existing
water systems achieve and maintain capacity. States must be
developing and implementing their existing systems strategies by
October 1, 2000 or else lose a portion of their DWSRF funds.
CAPACITY DEVELOPMENT FOR TRIBAL
SYSTEMS
EPA has begun development of several resource documents
to assist those working with Tribal water systems. These
documents will focus on the development of technical,
managerial, and financial capacity of systems serving Tribal lands,
which often face unique situations and challenges. The documents
include a Tribal capacity development resource handbook, a
brochure of existing EPA efforts to ensure drinking water for
Tribes, a preventative maintenance tool for Tribal systems, and a
brochure on building water system capacity for Tribal
Administrators. EPA will finalize these products during the
coming year.
OTHER TECHNICAL ASSISTANCE FOR SMALL
WATER SYSTEMS
EPA supports a network of nine Small Water System
Technology Assistance Centers that provide technical assistance to
small water systems in several areas. These include the evaluation
of treatment options, education and training programs for
operators and managers, source water protection, and information
management. These Centers are located at the University of
Alaska Southeast at Sitka, Western Kentucky University, the
University of Missouri at Columbia, Montana State University,
the University of New Hampshire, California State University at
Sacramento, Charles County Community College (Maryland), the
University of Illinois at Urbana-Champagne, and Pennsylvania
State University.
SOURCE WATER PROTECTION
States are currently conducting assessments of the sources of
drinking water for all public water supplies in the United States.
States have until 2003 to complete these assessments. Each
assessment will define source waters to be protected, identify
potential sources of contamination, and determine the relative
vulnerability of the water supply to contamination. The
information in these assessments will help water suppliers and local
governments develop any necessary measures to protect their water
supplies.
CONSUMER CONFIDENCE REPORTS
All 55,000 community drinking water systems were required
to provide their first annual water quality report to their customers
by October 19, 1999. The next report is due to customers by July 1,
2000, and July 1 for each year thereafter. 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 informatin on how to participate in drinking
water protection. EPA has developed a series of materials to help
water systems create these reports. You can find this information
on EPA's website at www.epa.gov/safewater/ccrl .html.
CLASS V UNDERGROUND INJECTION
CONTROL (UIC) CONTROL WELLS
On December 7, 1999, EPA published its final Class V UIC
rule in the Federal Register (64 FR 68546). Class V injection wells
are typically shallow disposal systems that are used to place a
variety of fluids below the land surface, into or above underground
sources of drinking water. The fluids released by certain types of
these wells have a high potential to contain elevated concentrations
of contaminants that may endanger drinking water.
The Class V rule focuses on two categories of Class V
injection wells, that are known to pose a threat to underground
sources of drinking water: motor vehicle waste disposal wells and
large-capacity cesspools. New large capacity (serving 20 or more
people per day) cesspools are banned nationwide as of April 5,
2000. Existing large capacity cesspools will be closed nationwide
by April 5, 2005. New motor vehicle waste disposal wells are
banned nationwide as of April 5, 2000. Existing motor vehicle
waste disposal wells will be regulated in areas identified by States
as sensitive to protecting existing and future drinking water
supplies. EPA has extended the deadline for States to identify
regulated water areas and fully believes that all States will meet the
deadline. A fact sheet is available on the EPA website at
www.epa.gov/safewater/uic.htmltfclassv.
UPCOMING DRINKING WATER RULES
AFFECTING SMALL WATER SYSTEMS
In the Spring of 2000, EPA will be proposing rules to protect
consumers of public drinking water supplies from certain high-risk
contaminants. 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 water have been required to
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disinfect since 1989. The GWR establishes a multi-barrier
strategy designed to identify high-risk water systems, and will
require corrective action only where contamination or significant
deficiencies have been identified. Thus, only a subset of the
ground water systems will be required to disinfect. EPA expects
to propose the GWR in April 2000.
The Long Term Surface Water Treatment Rule will establish
protections against Cryptosporidium and other microbial
contaminants for water systems using surface water sources. EPA
expects to propose this rule in March. Finally, EPA expects to
propose in late Spring the Arsenic rule, to tighten standards
against arsenic in drinking water. A March 1999 National
Academy of Sciences report concluded that the current drinking
water standard of 50 ppm be lowered as soon as possible based on
the risks of lung, bladder and other internal cancers. Further
information on these rules can be found at
www.epa.gov/safewater/standards.html, or by calling the Safe
Drinking Water Hotline at 1-800-426-4791.
PESTICIDE-FEDERAL INSECTICIDE,
FUNGICIDE & RODENTICIDE ACT
(FIFRA)
AGRICULTURAL PESTICIDE WORKER
PROTECTION STANDARDS (WPS) UPDATE
The Code of Federal Regulations, 40 CFR, Parts 156 and 170
are set to protect pesticide workers. These rules and regulations have
been revised as late as 6/26/96. A Proposed Rule Change covering
glove requirements was published in September, 1997. A Final Rule
amendment is anticipated in early 2000.
Also, EPA has published a final Policy Statement on the
manufacturer and distributor labeling revisions required by the
WPS which is included in Item F-17. EPA has published a notice
covering Pesticide Reregistration Performance Measures and
Goals: 11/18/99 FR, 63036-045. It is in Item F-5. EPA has
available many items to assist in compliance with the Worker
Protection Standards, including bilingual training manuals for
pesticide applicators, videos and leaflets for pesticide handlers, a
pesticide safety poster for workers, a slide presentation covering
the "Standard," a heat stress guide, and other items. A copy of the
publication "Worker Protection Standard: Materials Developed by
EPA, States, and Other Organizations, " which describes Worker
Protection Standard materials and how to obtain them, may be
obtained from the EPA Certification and Worker Protection Branch
(http://www.epa.gov/pesticides/safety), (7506-C) U.S.
Environmental Protection Agency, Ariel Rios Building, 1200
Pennsylvania Avenue, N.W.,Washington, DC . 20460, or by calling
1-703-305-7666. These WPS materials addressing pesticide safety
and training may also be obtained through EPA Regional Offices
(http://www.epa.gov/epahome/locate2.htm), States Agencies
(http://ace.ace.orst.edu/info/nptn/-statel.htm) the Cooperative
Extension Service (http://www.reeusda.gov/), the Government
Printing Office, and private agricultural supply businesses.
RESTRICTED USE CRITERIA FOR PESTICIDES
IN GROUND WATER POLICY STATEMENT
The agency plans to publish a policy statement in the Federal
Register by Spring 2000, which will establish criteria for
determining whether a pesticide should be considered for restricted
use due to its potential to reach ground water. Pesticide products
classified for restricted use may be purchased and used only by
certified pesticide applicators or individuals under their supervision.
This policy does not directly change the classification of any
pesticide products. EPA will propose restricted use classification
for specific pesticide products only after further evaluation of
products which meet the criteria.
HAZARDOUS WASTE MANAGEMENT
RESOURCE CONSERVATION &
RECOVERY ACT (RCRA)
REVISED STANDARDS FOR HAZARDOUS
WASTE COMBUSTION FACILITIES
Under the Clean Air Act (CAA) Amendment of 1990, EPA is
required to establish National Emission Standards for Hazardous Air
Pollutants (NESHAPs) for most hazardous waste combustors
(HWCs) (i.e., incinerators, cement kilns, boilers, and some types of
smelting furnaces). In addition, under the Resource Conservation
and Recovery Act (RCRA), EPA is required to establish standards
for all HWCs as necessary to ensure protection of human health and
the environment. EPA is concerned that its current RCRA standards
for HWCs may not be adequately protective given that the standards
do not take into account indirect pathways of exposure and that there
have been advances both in risk assessment and control technologies
since promulgation of the current standards.
Consequently, the Agency established new emissions standards
for HWCs, for cement kilns, Light Weight Aggregate Kilns
(LWAKs), and incinerators under joint CAA and RCRA authority.
This will avoid duplicative Agency effort and piecemeal regulation
of the hazardous waste combustion industry.
The Agency is in the process of developing a proposal to
address boilers and other industrial furnaces.
Final action on cement kilns, LWAKs, and incinerators (Phase
I) has been completed (Sept. 30, 1999 FR p 52828) Included in Item
C-92; and a Notice of Proposed Rulemaking (NPRM) is anticipated
early this year (2000) on boilers and other industrial furnaces (Phase
II).
RCRA REPORTING AND RECORDKEEPING
BURDEN REDUCTION
To meet the goals of the Paperwork Reduction Act 1995, the
Office of Solid Waste (OSW) plans to reduce its Subtitle C
reporting and recordkeeping burden on the regulated community,
states, and the public. On June 18, 1999, OSW published for
review and comment a Notice of Data Availability (NODA) with
EPA's burden reduction ideas, and their associated burden reduction
estimates. This notice may be found at the web site
www.epa.gov/epaoswer/hazwaste/data/burdendreduction. After
reviewing the comments OSW received on the NODA, OSW will
publish a proposed rule to implement as many of these ideas as
warranted.
A notice of Proposed Rulemaking (NPRM) is anticipated late
this year (2000).
SOLVENT-CONTAMINATED SHOP TOWELS AND
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WIPES
EPA's Office of Solid Waste is considering a rulemaking that
would change the regulations affecting solvent-contaminated shop
towels, wipes, and rags. Currently, a disposable wipe or rag may
be regulated as a hazardous waste if that wipe or rag comes in
contact with a solvent that, when spent, is a listed hazardous waste
or exhibits a characteristic of hazardous waste.
Regulatory requirements for hazardous waste found in 40 CFR
261-265, 268 and 270 apply to these wastes. Reusable towels are
provided a conditional exemption from regulation as hazardous
waste under most state programs. As a condition of the exemption,
however, the towels may not contain any free liquids when they are
sent offsite to a laundering facility. Otherwise, there are few
regulations applicable to reusable shop towels.
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.
STANDARDIZED PERMIT FOR RCRA
HAZARDOUS WASTE MANAGEMENT
FACILITIES
This rulemaking will allow a type of general permit, called a
standardized permit, for facilities that generate waste on-site in
tanks, containers, and containment buildings. Under the
standardized permit, facility owners and operators would certify
compliance with generic design and operating conditions set on a
national basis. The permitting agency would review the
certifications submitted by the facility owners or operators. The
permitting agency would also be able to impose additional site
specific terms and conditions for corrective action or other
purposes, as called for by RCRA. Ensuring compliance with the
standardized permit's terms and conditions would occur during
inspection of the facility after the permit has been issued.
A Notice of Proposed Rulemaking (NPMR) is anticipated for
the Spring of this year (2000).
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
ItemC-51.
MODIFICATIONS TO THE DEFINITIONS OF
SOLID WASTE AND REGULATIONS OF
HAZARDOUS WASTE RECYCLING
Recycling of hazardous waste is governed by the resource
Conservation and Recovery Act (RCRA) hazardous waste
regulations. The portion of these regulations known as the
Definition of Solid Waste specifies whether hazardous materials
that are recycled are subject to RCRA regulatory jurisdiction or
not. Other parts of the regulations set forth requirements for
managing recycled hazardous waste. Previously, the Agency was
developing a broad revision to the recycling regulations. However,
the Agency has since determined that narrower sector-specific and
waste-specific changes are more appropriate. Thus, this general
action has been withdrawn. The sector-specific and waste-specific
changes are described elsewhere in the Update Newsletter.
GLASS-TO-GLASS RECYCLING OF CATHODE
RAY TUBES (CRTS): CHANGES TO
HAZARDOUS WASTE REGULATIONS
This rule making is part of the Reinventing Government effort.
It will revise text in the CFR to reduce burden or duplication, or
streamline requirements.
This action will revise the existing Federal hazardous waste
regulations to remove unnecessary regulatory barriers to glass-to-
glass recycling of Cathode Ray Tubes (CRTs). A CRT is the main
component of a television or computer monitor. A CRT is made
largely of specialized glasses, some of which contain lead to protect
the user from X-rays inside the CRT. Due to the lead, when they
are disposed of or reclaimed, some CRTs are hazardous wastes
under the Federal Recource Conservation and Recovery Act (RCRA)
regulations. Glass-to-glass recycling involves the return of used
CRT glass to manufacturing of new CRTs.
This action is planned in response to a June 9, 1998
recommendation on CRT recycling from the Common Sense
Initiative (CSI) Council to The Environmental Protection Agency
(EPA). CSI is a consensus-based process for developing cleaner,
cheaper, smarter environmental improvements. The Council
includes representatives of industry; environmental groups;
community groups; environmental justice groups; labor; and,
Federal, State, local, and tribal governments. The recommendation
involves minimizing RCRA requirements for glass-to-glass recycling
while retaining appropriate controls to ensure protection of human
health and the environment. The goal of the recommendation is to
facilitate an increase in glass-to-glass recycling, thereby minimizing
disposal of lead, increasing resource recovery, and enhancing
protection of human health and the environment.
A Notice of Proposed Rule Making (NPRM) is anticipated to
be published later this Spring, perhaps in April 2000.
HAZARDOUS WASTE MANAGEMENT:
SPENT LAMPS RULE-MAKING STATUS
EPA has published a final rule for the management of spent
hazardous waste lamps. The final rule was published on July 6,
1999 (64 FR pp. 36541), and a copy is included in Item C-51. This
rule adds spent hazardous waste lamps to the RCRA Universal
Waste Program, which contains streamlined requirements for record
keeping, storage, and transportation on the part of generators,
collectors, and transporters. Final disposal or recycling remains
subject to applicable RCRA Subtitle C regulations.
IDENTIFICATION AND LISTING OF
HAZARDOUS WASTE; INORGANIC CHEMICAL
INDUSTRY WASTES; AND DESIGNATION AND
REPORTABLE QUANTITIES
EPA, under an environmental Defense Fund settlement
agreement, will amend, if necessary, the regulations for hazardous
waste management under the Resource Conservation and Recovery
Act (RCRA) to reduce hazards to human health and the environment
for inorganic chemical industry wastes. The wastes covered under
this listing document include: sodium dichromate production wastes,
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wastes from the dry process for manufacturing phosphoric acid,
phosphorus trichloric 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, (except for chloride process
waste solids). This action is proposed under the authority of
section 3001(e)(2) of RCRA which directs EPA to make a
hazardous waste listing determination for inorganic chemical
wastes. After an extensive study of the waste streams of the above
chemical industry processes, including characterization of the
wastes generated and a risk assessment evaluating plausible
mismanagement scenarios, EPA will propose which of the above
wastes, if any, should be listed as a hazardous waste under 40 CFR
part 261.
A Notice of Proposed Rule Making (NPRM) is anticipated for
late this summer.
MERCURY-CONTAINING AND
RECHARGEABLE BATTERY
MANAGEMENT ACT: CODIFICATION
OF WASTE MANAGEMENT
PROVISIONS
The purpose of this rule is to codify into the Code of Federal
Regulations certain provisions of the Mercury-Containing and
Rechargeable Battery Management Act that impact the May 11,
1995 Universal Waste Rule (40 CFR Part 273). The Act was
signed by the President on May 13, 1996 and became immediately
effective nationwide on the date of signature. Specifically, one
provision of the Law requires the collection, storage, and
transportation of the following types of batteries be managed
according to standards established in the Univesal Waste rule: used
rechargeable batteries, lead-acid batteries not covered by 40 CFR
part 266 or the equivalent requirements of an approved state
program, rechargeable alkaline batteries, certain mercury-
containing batteries banned from domestic sale, and used consumer
products containing rechargeable batteries that are not easily
removable. The law prohibits State imposed requirements that are
not identical to those found in the Federal Universal Waste Rule,
but allows States to adopt and enforce identical standards and to
implement and enforce collection, storage, and transport
requirements identical to those included in the universal waste rule
if the standards are approved by the EPA Administrator.
Rule making action is anticipated for December of this year
(2000) to include a Direct Final Rule, and a Notice of Proposed
Rule Making (ANPRM)
REINVENTING THE LAND DISPOSAL
RESTRICTIONS PROGRAM
The Land Disposal Restrictions (LDR) program was
established to minimize threats posed by the land disposal of
untreated hazardous wastes. The program has been in place for a
number of years and now regulates all but the most recently listed
hazardous wastes. The Agency is now examining the LDR
program, exploring past accomplishments, current issues, and
future possibilities. The goals of the examination are to make the
LDR program more cost-effective, clearer, more enforceable, and,
more flexible while continuing to be environmentally protective.
The Agency will develop an advance Notice of Proposed
Rulemaking (ANPRM) to present initial thinking and the results of
some activities taken as part of the ongoing LDR Reinvention
Project so that the public will have an opportunity to comment. The
ANPRM is scheduled for publication in early 2000.
LAND DISPOSAL RESTRICTIONS; POTENTIAL
REVISIONS FOR MERCURY LISTED AND
CHARACTERISTIC WASTES
The Advanced Notice of Proposed Rulemaking (ANPRM),
published in the Federal Register, May 28, 1999, pages 28949-63,
solicited information and comments on EPA's data on Mercury-
bearing hazardous waste, technical and policy issues regarding
mercury hazardous waste treatment and potential avenues by which
current mercury treatment standards might be revised. Some forms
of mercury wastes are now required to be treated by either
incineration or retorting. Both of these forms of treatment have the;
potential to emit mercury via air emissions. Also, some information
suggests that certain waste types which are required to be retorted
may not be amenable to that form of treatment. There also is a
shrinking demand for mercury, which brings up concerns about
requiring recovery of mercury wastes. The data and information
gathered by this ANPRM process are intended to be used to propose
revised treatment standards for some forms of mercury hazardous
wastes in a future rulemaking. A Notice of Proposed Rule Making
(NPMR) is anticipated for late Spring this year (2000).
More information on the ANPRM may be obtained from the
RCRA Hotline at 1-800 424-9346 (DC area at 703-412-9810). The
notice is also available from the World Wide Web site address
www.epa.gov/fedrgstr .
UNIFORM HAZARDOUS WASTE MANIFEST
UPDATE
Further Rule-making 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. As
part of the proposed rulemaking, EPA is also considering an
exemption to the manifest rule in order to allow certain wastes from
remote sites to be consolidated more easily. A notice of proposed
rule-making is scheduled for about June 2000.
HAZARDOUS WASTE IDENTIFICATION
RULE (HWIR)
On November 19, 1999, the Environmental Protection Agency
published in the Federal Register a proposal retaining and revising
the mixture and derived-from rules under RCRA's hazardous waste
management program (64 FR 63381). The mixture and derived-
from rules ensure that hazardous wastes that are mixed with other
wastes or treated in some fashion do not escape regulation as long as
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they are reasonably likely to continue to pose threats to human
health and the environment. This proposal also includes a
discussion of two regulatory options for concentration-based
exemptions, (i.e., a "generic" exemption and a "landfill-only"
exemption). In addition, this notice discusses the possibility of
revising the Land Disposal Restrictions (LDRs) by replacing
technology-based treatment standards in 40 CFR 268.40 and
268.48 with risk-based treatment standards.
The original mixture and derived-from rules were
promulgated in 1980 but were vacated by the B.C. Circuit Court of
Appeals in 1991 based on the courts' belief that these rules had
been promulgated without adequate public notice and opportunity
for comments. The court recommended that EPA reinstate these
rules on an emergency basis to ensure the continued protection of
human health and the environment. Shortly after these rules were
reinstated, Congress enacted a mandate to revise the mixture and
derived-from rules by the deadline of October 1, 1994. That
deadline was not met by the Agency and thus EPA is subject to the
consent decree dated April 1997 (Environmental Technology
Council v. Browner, CA. No. 94-2119, 94-2346). This consent
decree required this recently published proposal, and final action
on revisions to the mixture and derived-from rules by April 30,
2001.
Information related to this proposal is available in electronic
format on the Internet at
. Other information may be obtained by contacting the
RCRA Hotline at (800) 424-9346 or in the Washington, B.C.
metropolitan area at (703) 412-9810.
HAZARDOUS WASTE STORAGE AND
DISPOSAL REGULATION RELATED TO LOW
LEVEL MIXED WASTE
The Environmental Protection Agency (EPA) seeks to amend
its regulations under Subtitle C of the Resource Conservation and
Recovery Act (RCRA) to provide a conditional exemption from
certain requirements for eligible mixed waste. The "Storage,
Treatment, Transportation, and Bisposal of Mixed Waste;
Proposed Rule" was published in the Federal Register on
November 19, 1999.
Mixed waste is a radioactive RCRA hazardous waste. It is
regulated under two authorities: 1) the Resource Conservation and
Recovery Act (RCRA), as implemented by EPA or authorized
states for the hazardous waste component; and 2) the Atomic
Energy Act of 1954, as amended (AEA), for the radiological
component as implemented by either the Bepartment of Energy
(BOE), or the Nuclear Regulatory Commission (NRC) or its
Agreement States.
The focus of the proposed rule is to provide flexibility under
RCRA Subtitle C to generators of eligible mixed waste. EPA is
proposing a conditional exemption from the definition of hazardous
waste applicable to: low-level mixed waste (LLMW) for storage;
and LLMW or Naturally Occurring and/or Accelerator-produced
Radioactive Material (NARM) for transportation and disposal. The
proposal is expected to reduce dual regulation for generators in the
management and disposal of their wastes. This flexibility will
enable generators of LLMW who are licensed by the Nuclear
Regulatory Commission (NRC) to claim an exemption for storing
and treating these wastes in tanks or containers (using
solidification, neutralization, or other stabilization processes)
without a RCRA permit. The proposal will also provide flexibility
for the manifesting, transportation and disposal of eligible mixed
waste. Waste meeting the proposed conditions will be exempted
from certain RCRA Subtitle C hazardous waste requirements and
managed as radioactive waste in accordance with NRC regulations.
The Federal Register Notice is available in electronic format on
the Internet at . EPA
is requesting public comment on the proposal. The comment period
ends February 17,2000.
SMALL QUANTITY GENERATOR HANDBOOK
A handbook has been published, "Understanding the
Hazardous Waste Rules—A Handbook for Small Business-1996
Update" [EPA-530-K-95-001], June 1996, which is available in Item
C-10. Also, included with the handbook in Item C-10 is an
Addendum, which provides information on Bepartment of
Transportation regulated waste transport requirements and domestic
sewage requirements for hazardous wastes. In addition, in an
"Appendix A," the Regional and State contacts for the regulated
waste program are "updated," and notations are made on which
states require fees for obtaining copies of the Waste Manifests for
transport of the waste generated. Other appendices in the
Addendum provide sources of information and guidance on waste
minimization and pollution prevention.
USED OIL MANAGEMENT STANDARDS
On May 6, 1998, EPA issued a Birect Final Rule (5/6/98 FR
pp 24963-9) which included eight amendments clarifying various
parts of the used oil management standards and provisions of the
hazardous waste regulations concerning used oil. EPA also issued a
notice of proposed rule-making on May 6, 1998 (63 FR 25006), in
which the Agency proposed and solicited public comment on the
same eight amendments. EPA received relevant adverse comments
on three of the amendments in this rulemaking: the amendments to
40 CFR 261.5(j) (mixtures of conditionally exempt small quantity
generator waste and used oil) 40 CFR 279.10(1) (applicability of the
used oil management standards to used oil contaminated with
polychlorinated biphenyls (PCBs), and 40 CFR 279.74(b) (record-
keeping requirements for marketers of used oil that meets the used
oil fuel specification). Accordingly, on July 14, 1998 (7/14/1998 FR
pp 37780-3), the Agency withdrew these three amendments and
reinstated the regulatory text that existed prior to the May 6, 1998
Birect Final Rule. These FR Notices are included in the OSBO
Item C-36. EPA will promulgate a final rule in the near future
finalizing the three amendments, as appropriate, and addressing the
comments received. The five amendments that did not receive
relevant adverse comment became effective on July 6, 1998 as
provided in the May 6, 1998 Birect Final Rule.
EPA also received supportive comments on the three
amendments being withdrawn, as well as, the other amendments
issued in the May 6, 1998 Birect Final Rule. All of the comments
received on the May 6, 1998 Birect Final Rule are available on the
Internet: http: //www.epa- gov/epaoswer/hazwaste/usedoil/index.htm
and at the RCRA Information Center, at 1-703-603-9230. EPA
pamphlet 530-SW-89-039A "How to Setup a Local Program to
Recycle Used Oil" May 1989 is included in OSBO Item C-68.
ABOVE-GROUND STORAGE TANKS
(AST)/SPILL PREVENTION CONTROL AND
COUNTER-MEASURES UPDATE
The EPA has promulgated the Oil Pollution Prevention rules
under Title 40 CFR Part 112 included in Item C-77 requiring that
facilities prevent oil spills and ensure preparedness in the event of
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spills. This rule-making is commonly known as the Spill
Prevention Control and Countermeasure (SPCC) regulation. The
rule-making 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, included in Item C-77, also
concerns facility preparedness and development of response plans
under the Oil Pollution Act (the Act of 1990) which requires that
EPA issue regulations to require "Facility Response Plans" (FRP)
covering events which could cause substantial harm to the
environment. Also, included in publication Item C-77 is the
National Response Team's Integrated Contingency Plan Guidance,
Notice 6/5/96 FR pp. 28641-64, with corrections, 6/19/96 FR pp.
31163-4, which provides additional guidance on emergency plan
preparation.
SUPERFUND COMPREHENSIVE
ENVIRONMENTAL RESPONSE,
COMPENSATION & LIABILITY ACT
(CERCLA)
CERCLA LENDER LIABILITY GUIDANCE
One of the goals of the Final CERCLA Lender Liability Rule,
published in 4/29/92 FR, pp. 18344-85, was to allow lenders to
work with their borrowers without necessarily incurring liability.
However, in February 1994, the U.S. Court of Appeals, in the case
Kelly vs. EPA, struck down this Rule, finding that the EPA lacked
authority to define the scope of liability by regulation. Following
the Court action, guidance was drafted to "translate" the Rule into
a policy statement addressing lender liability and involuntary
government acquisitions. This policy statement was issued
December 11,1995. A Fact Sheet on effect of Superfund on
lenders was published in June 1997. The Rule and the policy
statement are included in Item D-17.
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, covering inventories of hazardous substances, which for
any time in the reporting year exceed the stated reporting thresholds.
These requirements are explained in the "Community Right-to-
Know and Small Business" pamphlet, Item K-32. A final rule was
published on 5/7/96 FR pp. 20473-90, effective 7/8/96, on changes
in the EHS list and reportable quantities. This Final Rule is
included in Item K-30.
EPA issued Proposed Rule 6/8/98 FR pp. 3269-317 designed
to simplify reporting under Sections 311-312 of the "Emergency
Planning and Community Right-to-Know Act" (EPCRA). This
proposed rule is also included in Item K-30. In this Proposed rule,
EPA has proposed several changes:
• Higher reporting thresholds for gasoline and diesel fuel at
retail gasoline stations. Retail gas stations that store gasoline
and diesel fuel entirely underground and are in compliance
with underground storage tank (UST) regulations would be
subject to the following thresholds under section 311-312:
75,000 gallons for all grades of gasoline combined and
100,000 gallons for diesel fuel. EPA estimates that the vast
majority of retail gas stations will have less than these
quantities.
Greater reporting flexibility and elimination of routine
reporting requirements for: rock salt, sand, gravel, and other
materials. Facilities that store or handle rock salt, sand, and
gravel no longer would report these substances under sections
311-312, regardless of how much was onsite.
• Clarify reporting of mixtures and change the interpretation
of the existing hazardous chemical exemption for solids
under Section 311.
• Solicited comments on the changes as noted above, and
also asked for comment on several issues that would give
State and Local Governments more flexibility to
implement the existing requirements of EPCRA sections
311-312.
• Partnership programs for streamlined submission of and
joint access to section 311 and 312 information;
• Electronic submittal of information;
• Reporting of ONLY changes in information, rather than
submitting a new inventory each year;
Allowing RCRA UST reports to fulfill EPCRA Section
312 requirements.
This notice proposes to rewrite the existing regulations under
Sections 302-312 of EPCRA in a "Plain Language" format, and
incorporates the requirements addressed in the Final rule (5/7/96 FR
pp. 20473-90). Comment is also being sought on the use of the
"Plain English" in this rule.
The texts of the proposed rule are available also in electronic
format at:http://www.epa.gov/ceppo/, EPA's Chemical Emergency
Preparedness and Prevention Office Home Page. EPA issued a final
rule February 11, 1999 (Relief for retail gas stations) that eliminated
reporting on gasoline and diesel fuel stored entirely underground in
tanks, fully in compliance with Underground Storage Tank (UST)
Regulations at retail gas stations with thresholds of:
> 75,000 gallons for all grades of gasoline combined and
100,000 gallons for diesel fuel.
Convenience stores and truck stops that sell gasoline or diesel
fuel to the public also meet the definition of retail gas stations.
Retail gas stations that meet these criteria were not required to
file Tier I or Tier II reports for calendar year 1998. This final rule is
included in Item K-30.
The other items in the proposed rule of June 8, 1988 will most
likely not be finalized until 2001.
TOXICS RELEASE INVENTORY (TRI)
(UPDATE)
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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. They also are required to support
transfers of toxic chemicals for waste management to off-site
locations. Facilities that meet all three of the following criteria are
subject to EPCRA Section 313 release and other waste
management reporting: (1) have 10 or more full-time employees or
the equivalent; (2) are in a covered SIC Code (including SIC codes
10 (except 1011, 1081, and 1094), 12 (except 1241), 20-39,4911,
4931, 4939 (4911, 4931, 4939 limited to facilities that combust
coal and/or oil for the purpose of generating electricity for
distribution in commerce), 4953 (limited to facilities regulated
under RCRA Subtitle C, 42 U.S.C. section 6921 et seq.\ 5169,
5171, and 7389 (limited to facilities primarily engaged in solvents
recovery services on a contract or fee basis)); and (3) exceed any
one threshold for manufacturing (including importing), processing,
or otherwise using a toxic chemical listed in 40 CFR Section
372.65. 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 will begin reporting their releases and other waste
management information for activities conducted in 1998 with
reports due by July 1, 1999. This final rule adds the following
seven industry groups to TRI: metal mining, coal mining, electric
utilities, commercial hazardous waste treatment, chemicals and
allied products (wholesale), petroleum bulk terminals and plants,
and solvent recovery services. This rule is included in K-29.
Persistent 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 persistent
bioaccumulative toxic (PBT) chemicals and adds certain other PBT
chemicals to the EPCRA section 313 list of toxic chemicals. The
rule also includes modifications to certain reporting exemptions
and requirements for the chemicals newly subject to the lower
reporting thresholds. These PBT chemicals are of particular
concern not only because they are toxic but also because they
remain in the environment for long periods of time, are not readily
destroyed, and build up or accumulate in body tissue. The new
rule is effective January 1, 2000. Therefore, the new requirements
apply for TRI reports on releases and waste management for the
year 2000 which must be submitted to the Agency by July 1,2001.
The list of PBT chemicals affected by the new rule include: Aldrin;
Benzo(g,h,i)perylene*; Chlordane; Dioxin and dioxin-like
compounds category*; Heptachlor; Hexachlorobenzene; Isodrin;
Methoxychlor; Octachlorostyrene*; Pendimethalin;
Pentachlorobenzene*; Poly cyclic aromatic compounds category;
Polychlorinated biphenyl (PCBs); Tetrabromobisphenol A*;
Toxaphene; Trifluralin; Mercury; and Mercury compounds (PBT
chemicals newly added to the EPCRA section 313 list of toxic
chemicals are indicated by an asterisk). This rule is also included
in K-29.
Lead and Lead Compounds - On August 3, 1999 (64 FR
42222) EPA published a proposed rule that would lower the
reporting thresholds for lead and lead compounds. 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 proposal
includes a limitation on the reporting of lead when contained in
certain alloys and proposed modifications to certain reporting
exemptions and requirements for lead and lead compounds. (Also
included in K-29).
Pollution Prevention Act - The Agency plans to issue a
proposed rule in the Summer of 2000 to define terms and clarify
reporting requirements to assure that data reported pursuant to the
Pollution Prevention Act (PPA) are accurate and consistent. Section
8 of the TRI Form R currently contains the majority of Pollution
Prevention Act reporting elements which primarily include
quantities of toxic chemicals managed as waste.
TOXICS RELEASE INVENTORY (TRI) PUBLIC
DATA RELEASE
The 1998 Toxics Release Inventory Public Data Release (PDR)
is planned for release in early 2000. Both the 1998 TRI Public Data
Release (PDR) and the 1998 TRI PDR State Fact Sheets documents
will be available on the TRI website and by calling the EPCRA
Hotline upon release in Spring 2000 (see the contact information
below).
The 1997 Toxics Release Inventory (TRI) Public Data Release
was released in 1999. The titles and publication numbers for the
two documents released in 1999 include: the 1997 Toxics Release
Inventory, EPA 745-R-99-003 and the 1997 Toxics Release
Inventory, Public Data Release, State Fact Sheets, EPA 745-F-99-
001. (Item in K-63).
The 1996 TRI Public data Release was released in 1998. The
titles and publication numbers for the three documents released in
1998 include: the 1996 Toxics Release Inventory, Public Data
Release-Ten Years of Right-to-Know, EPA 745-R-98-005, the 1996
Toxics Releases Inventory, Public Data Release, State Fact sheets,
EPA 745-F-98-001, and the 1996 Toxic Release Inventory, Public
Data Release-Ten Years of Right-to-Know, Industry Sector
Analyses, EPA 745-R-98-018. (Item in K-61).
(Copies of these documents may be obtained by calling the
Emergency Planning and Community Right-to-Know Act (EPCRA)
Hotline at (800) 535-0202 (in the Washington, DC area call
(703)412-9877). Information is also found at the Web site
http://www.epa.gov/opptintr/tri/tri97/access.htm \
TOXIC SUBSTANCE CONTROL ACT
(TSCA)
LEAD; TSCA SECTION 403; IDENTIFICATION
OF DANGEROUS LEVELS OF LEAD
In accordance with Section 403 of TSCA, as amended by the
Residential Lead-Based Paint (LBP) Hazard Reduction Act of 1992,
EPA is to promulgate regulations that identify lead-based paint
hazards, lead-contaminated dust, and lead-contaminated soil. An
interim guidance was published in 60 FR 47276, 9/11/95 which will
continue to serve as EPA's official policy until the final rule is
promulgated. A proposed rule was published in 63 FR 30302,
6/3/98; Part 745, Subpart D, Lead-Based Paint Hazards. Item E-45.
LEAD-BASED PAINT (LBP); FEES FOR
ACCREDITATION AND CERTIFICATION
ACTIVITIES
The Toxic Substances Control Act (TSCA), Section 402(a),
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mandates implementing a fee schedule for the accreditation as
certified individuals and firms engage in LBP activities and
persons operating accredited training programs. Certification
applies to the following disciplines: inspector, risk assessor,
supervisors, project designer, abatement worker. 40 CFR Subpart
L 745.238, Item E-48.
LEAD: MANAGEMENT AND DISPOSAL OF
LEAD-BASED PAINT DEBRIS
EPA is proposing a rule under TSCA to provide new
standards for the management and disposal of LBP debris
generated by contractors. EPA also is separately proposing
temporary suspension of the regulations under Subtitle C of the
Resource Conservation and Recovery ACT (RCRA), which
currently apply to LBP debris. The new TSCA standards do not
address LBP debris generated by homeowners in their own homes.
The notice of the proposed rules were published in the FR
12/18/98, pp 70190 and 70233. Subpart P Item E-47.
DISPOSAL OF POLYCHLORINATED
BIPHENYLS (PCBS)
As reported in previous editions EPA amended its rules under
the Toxic Substances Control Act (TSCA) which address the
manufacture, processing, distribution in commerce, use, cleanup,
storage and disposal of poly chlorinated biphenyls (PCBs). This
rule provides flexibility in selecting disposal technologies for PCB
wastes and expands the list of available decontamination
procedures; provides less burdensome mechanisms for obtaining
EPA approval for a variety of activities; clarifies and/or modifies
certain provisions where implementation questions have arisen;
modifies the requirements regarding the use and disposal of PCB
equipment; and addresses outstanding issues associated with the
notification and manifesting of PCB wastes and changes in the
operation of commercial storage facilities. This rule codifies
policies that EPA has developed and implemented over the past
years.
This rule will streamline procedures and focuses on self-
implementing requirements and the elimination of duplication.
Some activities formerly requiring PCB disposal approvals no
longer require those approvals. EPA believes that this Rule will
result in substantial cost savings to the regulated community while
protecting against unreasonable risk of injury to health and the
environment from exposure to PCBs.
This rule became effective on August 28, 1998. Procedural
and Technical Amendments were published on June 24, 1999 (FR
pp. 33755-62) and became effective on that date. Copies of this
Rule with the amendments may be requested under Item E-3 of our
publication listing in "Information for Small Business."
Practical application of rules and regulations can be
challenging, especially to the small business person. To aid all
members of the regulated community, EPA developed a series of
questions and answer documents based on questions submitted by
members of the regulated community.
These documents and additional information on EPA's PCB
program, including electronic versions of the new rule and the
updated CFR can be found at World Wide Web site
www.epa.gov/pcbs.
GENERAL
NATIONAL ENVIRONMENTAL LABORATORY
ACCREDITATION CONFERENCE (NELAC)
In 1990, after receiving complaints from the laboratory
community regarding the burden of multiple accreditations due to
lack of a nationally recognized environmental laboratory
accreditation program, former Deputy Administrator Hank Habicht
established an internal work group to consider the feasibility and
advisability of such a program. The work group concluded that EPA
should consult with representatives of all stakeholders. As a result,
the National Environmental Laboratory Accreditation Conference
(NELAC) was established by the current administration to redress
the following problems:
1. inspections
2. no reciprocity among states
3. loss of accreditation in one state does not affect status in other
states
4. accreditation not available for all EPA programs
5. clients have no information on lab status
6. accreditation not recognized in foreign markets
7. some labs never accredited
The first annual meeting was held in February 1995. The state
and federal officials agreed on the roles and responsibilities of all
parties, including the establishment of a federal advisory committee
to obtain consensus advice from the private sector.
At the 5th NELAC annual meeting (June 28 - July 1, 1999)
approximately a dozen state programs were recognized by EPA as
being fully compliant with the standards for accrediting authorities.
Those states will begin accepting applications from the laboratories
immediately. It is expected that the first group of laboratories will
be accredited by July 2000. Further information is available on the
website at www.epa.gov/ttn/nelac.
EPA AND STATES TO IMPROVE FACILITY
INFORMATION
EPA and the States are working to improve the way regulated
facilities are identified in environmental databases. One goal of this
effort is to reduce duplicate reporting of facility identification
information from companies, thereby reducing the reporting burden
on the regulated community.
The first phase of this process was to establish a standard set of
data elements for facility identification. These data elements
include the facility name, address, locational data, business
classification and contact information. The second phase was to
make existing facility identification data available on the Internet
through the EPA's Envirofacts Warehouse (http://www.epa.gov/
enviro/). Using this application, a company can search EPA's
databases to find all occurrences of the company and related facility
information. During this phase, EPA is working with States to
improve the accuracy of the facility identification data.
The third phase, which is now underway, is to develop a single
master record with accurate facility identification information for
each facility. Once this is accomplished, EPA will identify where
similar data are collected in separate regulatory information
collections and, where possible, eliminate the duplicated reporting.
For further information, companies are urged to visit the Internet
site identified above.
SECTOR FACILITY INDEXING PROJECT
SECTOR FACILITY DATA PUT ON THE
INTERNET
Information gathered under EPA's pilot Sector Facility
Indexing Project (SFIP) on the environmental performance of
hundreds of facilities in five major industries is now available
through the Internet.
The industrial sectors covered are automobile assembly, pulp
manufacturing, petroleum refining, iron and steel production, and
the primary smelting and refining of aluminum, copper, lead and
zinc (nonferrous metals).
The new database covers approximately 650 facilities with the
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five sectors, and for the first time collects in one place information
the facilities must provide under a number of federal
environmental statutes. The data include information on past
inspections and enforcement actions, the size of the facilities and
their annual releases of chemicals into the environment, and
demographic data about communities near the facilities.
The database has multiple uses, facilities can benchmark then-
data against that of other similar facilities, or simply monitor then-
own regulatory performance. The database gives environmental
and community groups easier access to information they can use to
learn about the environmental performance of individual facilities.
Government agencies can use the information as a planning tool.
EPA stakeholders, including environmental and community
organizations, have commented on the project. Each facility
included in the pilot project received a copy of its compliance and
enforcement data and was given an opportunity to submit
comments. State agencies also received the information for review,
since a large portion of the data is provided to EPA by state
governments. EPA modified the data as appropriate, but found
most of the data to be accurate. The agency will continue taking
comments as the pilot project evolves.
The database is available at Internet address
http://www.epa.gov/oeca/sfi. Since it has been available, the
website has been accessed with approximately over 75,000 user
sessions and over 1A million hits, an indication of the interest the
project has generated. In keeping with SFIP's policy to incorporate
information as it becomes available, the data included within the
project have been updated 5 times since the project's release.
Another update is anticipated in January 2000.
The Agency is completing a formal evaluation of SFIP's initial
year of availability. Obtaining feedback from all stakeholders
(government, facilities, trade association, environmental groups),
the evaluation has shown SFIP to be successfully meeting its goals
of providing greater public access to accurate compliance and
facility-level information as well as improving multimedia facility
profiling and sector based analysis. The evaluation results will
assist the Agency in determining how to proceed with the project,
including possible expansion. We have included more information
on the Sector Facility Indexing Project in the OSBO Item A-12.
ENVIRONMENTAL TECHNOLOGY
VERIFICATION PROGRAM
The Environmental Protection Agency (EPA) has instituted a
new program, the Environmental Technology Verification
Program-or ETV-to verify the performance of innovative technical
solutions to problems that threaten human health or the
environment. Managed by EPA's Office of Research and
Development. ETV was created to substantially accelerate the
entrance of new environmental technologies into the domestic and
international marketplace. ETV verifies commercial-ready, private
sector technologies through 12 pilots. The goals, operating
principles, and future plans of ETV are described within the ETV
strategy. Information on the ETV Program may be accessed at the
Web Site www.epa.gov/etv.
The ETV Program also has a listserv, ETVoice, which sends a
brief monthly message to anyone interested in the ETV Program
listing new and updated material on the web site.. You may
subscribe to this listserver through the ETV web site
The ETV program director is Penelope Hansen, who may be
reached at hansen.penelope.@epa.gov, or (202) 564-3212.
ENVIRONMENTAL MANAGEMENT SYSTEMS
(EMS) IMPLEMENTATION GUIDE
Recognizing the potential difficulties faced by small and
medium organizations wishing to put EMSs in place, EPA's
Offices of Water and Compliance Assurance have produced a guide
to EMS implementation specifically to the needs of these types of
organizations. The Guide is based on the elements of the ISO 14001
standard and is written in plain, easy to understand language.
Several small organizations worked with EPA and National Science
Foundation (NSF) to design and review the Guide and are presently
using it. The Guide provides a step-by-step approach for putting an
EMS in place and gives a number of examples from companies that
have already done so. Contact person is Jim Home, (202) 260-
5802. INTERNET: http://www.icubed.com/epa_sbo/index.html. The
Guide also provides tips for putting in place an effective approach
for managing an organization's compliance with regulatory
requirements and using pollution prevention techniques to enhance
the environmental management system. For copies of the Guide,
call 1- (800) 368-5888, Item B-12.
EPA REVIEWS PUBLIC PARTICIPATION
POLICIES
The Common Sense Initiative (CSI), a bold reinvention effort
launched by EPA Administrator Browner in 1994, held its final
meeting on December 17, 1998. Using an inclusive and
unprecedented process, CSI brought together industry, state and
local governments, environmental and environmental justice
groups, and organized labor to work together to find strategies that
work more fairly, efficiently and cost effectively for industry and
other stakeholders.
One of the final and lasting accomplishments of the CSI multi-
stakeholder group was for EPA to adopt of a new Stakeholder
Involvement Action Plan that builds on CSI experience and outlines
what the Agency will do differently in the future to enhance EPA's
Stakeholder Involvement Programs. The primary goal of the
Action Plan is to better integrate stakeholder involvement activities
throughout the Agency.
The first item in the Action Plan calls for EPA to assess and
establish agency-wide principles for stakeholder involvement.
This effort is a direct link to a July 1999 Report entitled, "Aiming
for Excellence - Actions to Encourage Stewardship and Accelerate
Environmental Progress, Report of the EPA Innovations Task
Force," which pledges the Agency to evaluate and update EPA's
public participation requirements. To address these joint concerns,
EPA convened a workgroup that is scheduled to give a report to the
Administrator by January 31, 2000, which will contain an inventory
of EPA regulations and policies regarding public participation and
an initial assessment of how well these regulations and policies
ensure public participation in decision making. To fulfil this
commitment, the workgroup is seeking public comment on two
issues:
1. What changes need to be made to the 1981 Policy on Public
Participation? What is working well, and how does the experience
of the past nineteen years suggest the need for improvements in the
general procedures for involving the public in EPA programs and
decisions?
2. How can we further engage the public in the effort to revise
the 1981 Policy and other EPA regulations and policies which may
need to be updated in regard to public participation? What are the
suggested elements of a strategy to further engage the public in
updating requirements and filling gaps in EPA's regulations and
policies concerning public participation?
These questions were recently posed in a federal register notice
with a 30 day public comment period that ended December
30,1999. As stated in the original notice, EPA is still seeking input
on these questions and will use your comments as the Agency
moves further in updating the 1981 policy and other stakeholder
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involvement regulations and policies. For a copy of the federal
register notice, go to EPA's stakeholder website at
www.epa. gov/stakeholder. To provide comments, contact
Deborah Dalton at EPA by fax at 202 260-5478 or submit
comments through the stakeholder website. Keep an out on the
website for a posting of all comments received on this issue.
SMALL LAB ENVIRONMENTAL MANAGEMENT
ASSISTANCE GUIDE (UNDER REVISION)
See the 2-page special announcement on the current Guide's
availability in this Newsletter. The Guide can also be found and
downloaded from the EPA Small Business Ombudsman's Home
Page www.epa.gov/sbo and the State Small Business Home Page
www.small.biz.enviroweb.org. We have initiated a project to
update and expand the Guide, which should be available early this
year. There will be more comprehensive coverage of
environmental management issues affecting small labs. New areas
of coverage will include radioactive materials and biologically
active substances. A summary of hazardous waste management
techniques allowing on-site treatment will be included, as well as,
expanded pollution prevention opportunities, and opportunities for
cost efficiencies. See Item B-16
CONSOLIDATION OF GOOD LABORATORY
PRACTICE STANDARDS (GLPS) REGULATIONS
CURRENTLY UNDER TSCA AND FIFRA INTO
ONE RULE
On November 29, 1983, EPA published Good Laboratory
Practice Standards (GLPS) regulations intended to help ensure data
integrity for studies required to support marketing and research
permits under the Federal Insecticide, Fungicide, and Rodenticide
Act (FIFRA) and the Toxic Substances Control Act (TSCA). These
rules were last amended on August 17, 1989. GLPS data integrity
measures can be applied to a wide variety of scientific studies.
Although the TSCA and FIFRA GLPS contain identical provisions,
they were published as separate rules to account for statutory and
program differences between TSCA and FIFRA, such as
differences in records retention requirements. EPA believes it will
be able to address the differences between TSCA and FIFRA, such
as differences in records retention requirements. EPA believes it
will be able to address the differences of those programs without
duplicating the entire GLP standard in two places.
This action is intended to consolidate EPA's GLPS into one
rule. Program specific requirements will be addressed in either
separate sections of the consolidated rule, or in separate rules as is
determined appropriate. This action is not intended to change the
requirements, applicability, or enforceability of GLPS with respect
to any statute.
EPA has received comments from stakeholders regarding the
understandability of many aspects of the GLPS, and over the years
has issued numerous clarifications. EPA believes that some
clarifications, if included directly in the rule, would make the rule
easier to understand and enhance compliance. Therefore, EPA
intends to include such clarifications where appropriate in this
rulemaking. Finally, in the interest of maintaining consistency
between EPA's and Food and Drug Administration's regulations,
EPA will determine any modifications that have occurred to the
FDA GLP rule and consider incorporation such changes into the
EPA rule. This action will serve to reduce the total regulatory text
in the Code of Federal Regulations by an estimated 10 pages, by
consolidating 23 pages of text to approximately 13. In the process
it will provide a generic GLP rule that may be used by other
programs in the Agency. A proposed rule has been published
(12/29/99 FR pp. 72972-85)
Final Action anticipated later this year, 2000, which is included in
Item B-16.
RESOURCE GUIDE FOR SMALL BUSINESS
ENVIRONMENTAL ASSISTANCE
Under a grant from the Office of the Small Business
Ombudsman, the Iowa Waste Reduction Center (IWRC), University
of Northern Iowa completed 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 has been
developed in cooperation with all the states and is primarily for
assistance providers to be used as reference document. The
information included will be extremely useful in helping locate
readily available materials from other states in an effort to not
"reinvent the wheel."
These materials will also be useful to state and local assistance
providers and small businesses in becoming educated on
environmental regulations and pollution prevention.
The Guide is available in electronic format with search and
report generation capabilities, and detailed instructions. There is
also a rating system which indicates relevance and type of use for
which most suitable. The Guide has had extensive state review.
SeeItemB-18.
SOURCE BOOKS ON ENVIRONMENTAL
AUDITING (UNDER REVISION)
EPA's Environmental Auditing Source Book for Small
Business is a compilation of the bibliography, a training list, and a
summary matrix of these trainings that will act as a quick reference
to the fifteen courses listed. This book is presently being updated to
identify relevant training and reference materials, an environmental
auditors listing and qualification's guidelines, 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.
EPA COMPLIANCE ASSISTANCE TOOLS
The Office of Compliance (OC) has produced a booklet, Item
B-8, that offers a comprehensive listing of all OC projects that are
currently available and/or under development. The projects are
organized by industry sector, with 20 sectors covered. The tools
include: databases, documents, web sites, video, plain-language
guides, sector notebooks, etcetera. A contact person is listed for
each document to acquire more information. To get a copy of the
document, call 1-800-368-5888.
PERFORMANCE MEASUREMENT TOOLS AND
SUCCESS STORIES STILL NEEDED!
The performance measurement tools and success stories
database still has over 65 performance measurement tools and
success stories available for direct downloading, revision, and use
from the Small Business Environmental Home Page at the following
address:
WE STILL NEED YOUR HELP TO IMPROVE THIS
RESOURCE! Please send any performance measurement
tools/surveys/success stories to Audrey Zelanko at CTC, 320
William Pitt Way, Pittsburgh, PA 15238. Electronic copies in word
EPA SMALL BUSINESS OMBUDSMAN
JANUARY 2000
-------
perfect or word formats would be the most helpful. You can send
disks to the above address, or email attachments to:
zelankoa@ctc.com, audreyz@ccia.com, and bosilovich@ctc.com.
If electronic copies are not available, you can fax hard copies to:
(412) 826-6810 or mail them to the above address. If you have any
questions, please call Audrey Zelanko at: (412) 826-6807
THANKS in advance for your help!
NEW JERSEY CHEMICAL INDUSTRY
PROJECT
The New Jersey Chemical Industry Project of the Industry
Sector Policy Division in the Office of Policy concentrated on four
stakeholder-selected environmental protection strategies: Effluent
Trading, Materials Recycling, Compliance Assistance, and Flexible
Track.
The Effluent Trading Team has prepared a report titled
Sharing the Load: Effluent Trading for Indirect Dischargers, EPA
231-R-98-003, May 1998, on trading local pretreatment limits
among indirect dischargers. The Materials Recycling Report, titled
Promoting Chemical Recycling: Resource Conservation in
Chemical Manufacturing, EPA-231-R-99-001, May, 1999,
describes five typical batch chemical process scenarios that present
opportunities to recycle materials.
The Compliance Assistance Pilot Team sought to improve
compliance among New Jersey facilities by preparing a set of
compliance assistance materials which include:
Plain Language summaries of 20 New Jersey environmental
regulations;
Detailed applicability flowcharts for six regulations that show
if and how the regulations apply to a facility;
Summaries of New Jersey compliance assistance programs;
and information on how to obtain additional resources, such
as training materials and regulatory guides.
The materials are available at the New Jersey Department of
Environmental Protection web site:
http://www.state.nj.us/dep/enforcement/home.htm. The Team also
prepared a report: Inspiring Performance: The Government-Industry
Team Approach To Improving Environmental Compliance, EPA
231-R-99-002, May, 1999.
The Flexible Track Team has developed a program that
provides incentives for facilities that are good environmental
performers to maintain and improve that performance. For
additional information on the New Jersey Chemical Industry
Project or for copies of any of the Project's reports contact
Catherine Tunis, 401 M St., SW (2128), Washington, DC 20460,
202-260-2698,
COMPLIANCE ASSISTANCE CENTERS
ARE RECOGNIZED FOR THEIR SERVICES
In partnership with industry, academic institutions,
environmental groups, and other federal agencies, EPA's Office of
Compliance has launched national Compliance Assistance Centers
(Centers) for nine specific industry sectors. These sectors include
printing, metal finishing, automotive services and repair,
agriculture, transportation, printed wiring board manufacturing,
chemical manufacturing, paints and coatings applicators and local
governments.
These Centers are designed to provide small businesses with
"first-stop" compliance information sources. The Centers offer a
range of communications services, including Web sites, e-mail
groups, fax-back systems, and telephone assistance lines. Also
available are pollution prevention ideas, tips and techniques that
can help an organization come into compliance... and go beyond
compliance to save money and resources. The Centers also serve
the assistance provider community by providing forums to
exchange sector-based information. The Centers can be accessed
at .
Recently, three Centers were recognized for their services.
CCAR-GreenLink® - the automotive service and repair
compliance assistance center - has been selected to receive a
Vision 2000 Model of Excellence award by the US SBA Office of
Small Business Advocacy for its work with "regulations that work
for small business." The Model of Excellence awards are provided
to honor innovative and successful programs and policies at the state
and local level that promote the growth of small businesses.
ChemAlliance has been listed by the Dow Jones Business
Directory as a "Select Site." ChemAlliance was considered along
with thousands of other business sites in many categories, and was
chosen as a "Select Site" because it provides exceptional value to
the Dow Jones Business News and Wall Street Journal readers.
The editors of @g Online (Successful Farming's on-line
magazine) has selected the National Agriculture Compliance
Assistance Center (Ag Center) as a "high ranking site". The review
notes that the Ag Center is easy to navigate, offers a wealth of
information, and is a valuable resource for compliance and
environmental questions.
For general information on the Centers, please contact Tracy
Back at (202) 564-7076 or E-mail at back.tracy@epa.gov.
2000 STATE SMALL BUSINESS OMBUDSMAN
AND TECHNICAL ASSISTANCE PROGRAM CONFERENCE
SCHEDULED FOR MISSOULA, MONTANA
PLEASE MARK YOUR CALENDARS
The State Small Business Ombudsmen and Small Business
Technical Assistance Programs, which are required under
Section 507 of the 1990 Clean Air Act Amendments to aid small
businesses impacted by air quality regulations, will hold their
annual conference in Missoula, Montana, on June 20-22, 2000.
Specialized training classes will be offered before the
conference on June 19th.
For speeches and other presentation materials from the
1999 conference held on April 18-21, 1999, in Tampa, Florida,
they can be downloaded from the Internet via a direct link at
http:///w ww.epa.gov/ttn/sbap/conf99a.html
"WHAT OUR CUSTOMERS MEAN TO US"
"Customers are the most important people in our
business.
"Customers do not depend on us, we depend on them.
"Customers never interrupt our work, they are our work.
"Customers do us a favor when they call; we don't do the
favors by letting them in.
"Customers are part of our business, not outsiders.
"Customers are flesh-and-blood human beings, not cold
statistics.
"Customers bring us their wants; we fulfill them.
"Customers are not to be argued with.
"Customers deserve courteous attention.
"Customers are the lifeblood of this and every other business.
"Customers are who we are when we're not working (So let's
treat them the way we want to be 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."
EPA SMALL BUSINESS OMBUDSMAN
JANUARY 2000
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EPA POLICIES ASSIST SMALL BUSINESSES WITH ENVIRONMENTAL COMPLIANCE
EPA's Office of Enforcement and Compliance Assistance (OECA) has issued the following policies to respond to the environmental compliance
needs of small business: Policy on Compliance Incentives for Small Business, Final Policy on Environmental Self-Auditing and Self-Disclosure, and
Enforcement Response Policy. 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.
POLICY ON COMPLIANCE INCENTIVES FOR SMALL BUSINESS
EPA issued the Final Policy on Compliance Incentives for Small Businesses, effective June 10,1996, to provide small businesses with incentives
to participate in on-site compliance assistance programs and to conduct environmental audits. This policy supersedes the June 1995 Interim 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 mitigate civil penalties provided the small business
satisfies all of the following four criteria:
• The small business has made a good faith effort to comply with applicable environmental requirements (through on-site assistance programs or
voluntary audits) and meeting the disclosure period.
• The small business was not subject to any enforcement actions pursuant to this policy for the current 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 small business corrects the violation and remedies any associated harm within six months of discovery; an additional six months may be
granted if pollution prevention technologies are being used.
• The violation has not caused and does not have the potential to cause serious harm to public health, safety, or the environment; it does not have
the potential to present imminent and substantial endangerment to public health or the environment; and it does not involve criminal conduct.
This policy is currently undergoing modifications. For more specific information on this policy, contact Ginger Gotliffe, Office of Compliance,
at (202) 564-7072.
POLICY ON ENVIRONMENTAL SELF-POLICING
EPA issued the Final Policy on "Incentives for Self-Policing: Discovery, Disclosure, Correction and Prevention of Violations" in the Federal
Register on December 22,1995 (60 FR 66,706). 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.
On May 17, 1999, EPA issued a Federal Register Notice proposing a number of revisions to the Audit Policy (64 FR 26,745). Major proposed
revisions include broadening the period for prompt disclosure from the current ten days, clarifying that the Audit Policy is available in the multiple
facility context, and clarifying that violations do not have to be systematically discovered in order to be eligible for the "no recommendation for criminal
prosecution" benefit. EPA is now in the process of finalizing the proposed revisions and expects to issue a revised Final Audit Policy shortly.
For more information on this policy, contact Catherine Malinin Dunn at (202) 564-2629.
ENFORCEMENT RESPONSE POLICY
EPA issued the Enforcement Response Policy, effective August 12, 1994, to provide small businesses with a limited grace period to correct
violations revealed during requested assistance from a State Small Business Assistance Program (SBAP) established under Section 507 of the Clean
Air Act. Under the policy, two options are provided:
• SBAPs may offer small businesses a limited correction period for violations detected during compliance assistance. Small businesses may have
up to 90 days to receive compliance assistance from the SBAPs, with the possibility of an additional 90 days to correct any violations discovered
under the program. After that time, violations would be subject to existing enforcement policies.
• SBAPs may offer compliance assistance on a confidential basis. Under this option, the state retains the ability to investigate and/or take
enforcement actions at any time for violations discovered independently from the Section 507 program.
For more information on this policy, contact Ginger Gotliffe at (202) 564-7072 or Elliot Gilberg at (202) 564-2310.
For copies of these policies, call (800) 368-5888 and ask for Item 13.
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EPA ASSISTS SMALL BUSINESSES
BY ESTABLISHING COMPLIANCE CENTERS
In partnership with industry, academic institutions, environmental groups, and other federal agencies, EPA's Office of Compliance has
established national Compliance Assistance Centers (Centers) for nine specific industry sectors. These sectors include printing, metal finishing,
automotive services and repair, agriculture, transportation, printed wiring board manufacturing, chemical manufacturing, paints and coatings
applicators and local governments each of which is heavily populated with small businesses and governments that face substantial federal
regulation.
These Centers are designed to provide small businesses with "first-stop" compliance information sources. The Centers offer a range of
communications services, including Web sites, e-mail groups, fax-back systems, and telephone assistance lines. Also available are pollution
prevention ideas, tips and techniques that can help an organization come into compliance... and go beyond compliance to save money and
resources. The Centers also serve the assistance provider community by providing forums to exchange sector-based information.
EXISTING CENTERS
The National Metal Finishing Resource Center (NMFRC) is the most substantial, comprehensive environmental compliance, technical
assistance, and pollution prevention information source available to the metal finishing industry. As an Internet Web Site, NMFRC also serves as an
information resource and distribution channel for technical assistance programs (TAPs). Services and products include an EPA Regulatory
Determinations collection pertaining to metal finishing, performance and cost comparisons across technology options, pollution prevention case
studies, and vendor information. For further information, contact Paul Chalmer (734-995-4911) at the National Center for Manufacturing Science.
Internet: www.nmfrc.org
The Printer's National Environmental Assistance Center (PNEAC) electronically links trade, governmental and university service
providers to efficiently provide the most current and complete compliance assistance and pollution prevention information to the printing industry.
The PNEAC offers satellite and on-location training, compliance guides for state regulations, and two e-mail discussion groups on technical and
regulatory issues: PRINTECH, designed for technical printing issues, and PRINTREG, which focuses on environmental laws and regulations
affecting the printing industry. For further information, contact Gary Miller (217-333-8942) at the Illinois Hazardous Waste Research and
Information Center or 1-888- USPNEAC. Internet: www.pneac.org.
CCAR-GreenLink® provides compliance assistance to the automotive service industry. CCAR-GreenLink® develops materials for
the automotive services industry, such as a consolidated screening checklist and environmental curriculum modules that walk shop owners and
technicians through status, regulations, and health and environmental issues. The "Virtual Auto Shop" allows users to click on any part of a picture
to call up environmental information for a particular shop activity. For further information, contact Sherman Titens (913 498-2227) at CCAR or 1-
888 CRN-LINK. InternetV/www.ccar-greenlink.org.
The National Agriculture Compliance Assistance Center serves as a "first stop" for people in the agricultural community who need
information on compliance with environmental regulations. Information topics addressed by the Center include: pesticides; animal waste
management; emergency planning and response; groundwater, surface water, tanks and containment; solid waste; and hazardous waste. For
further information, contact Ginah Mortensen (913-551 -5211) at EPA or 1 -888-663-2155. Internet: www.epa.gov/oeca/ag/
The Printed Wiring Board Center provides the industry with easy access to current and comprehensive information on pollution
prevention and regulatory compliance assistance. The Center offers a State Regulations Locator, with air, water, and hazardous waste regulations
hyper linked for each state. The Center also offers a unique guide which provides pollution prevention information for each of the major process
steps for multilayer board manufacturing. For further information contact Paul Chalmer (734-995-4911). Internet: http:// www.pwbrc.org
ChemAlliance provides compliance assistance and pollution prevention information to the chemical industry and technical assistance
providers. Key features include: a "virtual plant tour" that provides an overview of regulations that may apply to a facility's operations; an "expert
help feature" that offers an interactive guide to finding compliance assistance resources specific to a user's needs; and a "make your own
bookmark" function which allows the user to organize links to various sources of on-line information. For further information . For further
information, contact Scott Butner (206-528-3290) or 1-800-672-6048. Internet: http://www.chemalliance.org 1 -800-672-6048
The Local Government Environmental Assistance Center (LGEAN) is a "first-stop shop" providing environmental management,
planning, and regulatory information for local government elected and appointed officials, managers, and staff. LGEAN offers 24-hour access to
regulatory and pollution prevention information, message boards, regulatory updates, grants and information, and much more. LGEAN also offers a
fax-on-demand service, a quarterly newsletter, "SCAN" and a Web site. For further information, contact David George (202-962-3531) or 1-877-TO-
LGEAN or 1-877-865-4326. Internet: http://www.lgean.org
Transportation Environmental Resource Center provides compliance assistance services for each mode of commercial transportation -
air, shipping and barging, rail, and trucking. Each home page offers a menu of technical fact sheets, regulatory information, contacts,
bibliographies, sector notebooks, and related compliance Web sites. For more information, contact Carter Morris (703-824-0500) or 1-888-459-
0656. Internet: http://www.transource.org/
Paints and Coatings Resource Center provides regulatory, compliance, and pollution prevention information to individual organic coating
facilities, industry vendors and suppliers, and others. The Paints and Coatings Regulatory Locator helps users find relevant state and federal
regulations. A technical database with over 5,000 full text conference papers and journal articles is also available online. For more information
contact Paul Chalmer (734-995-4911). Internet: http://www.paintcenter.org/
For general information on all Compliance Assistance Centers, contact Tracy Back (202-564-7076) or E-mail at < back.tracy@epa.gov>.
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STATE SMALL BUSINESS ASSISTANCE PROGRAMS
SMALL BUSINESS SPECIAL NEEDS:
Congress recognized the particular problems that many small businesses would have in dealing with the 1990
Clean Air Act Amendments complex requirements. A typical small business employs fewer than 50 people, and is
the only business operated by the owner. It is the corner dry cleaner, the "mom and pop" bakery, the auto body
repair shop, gasoline service station, the machine, tool and dye company, or one of a host of other local business
establishments. Many have been in the same family and neighborhood for generations.
Air pollution control regulation may seem very complex to many small businesses. Many may not be able to
afford to hire lawyers or environmental specialists to interpret and comply with all the requirements they may be
responsible for in the new Act. Most may be hard pressed to inform themselves about the most basic requirements
and deadlines of the control programs that will affect them, let alone the more complicated issues they are going to
have to address to control air emissions, such as:
The types of pollutants their company emits that are subject to the Act's requirements;
The methods they can use to estimate emissions for a permit application;
The types of control technologies that are best and least costly for controlling a specific production process
or chemical substance they use to make goods and services; and
Process or substance substitutes they can use to prevent or reduce emissions.
STATE LEAD FOR PROVIDING SMALL BUSINESS ASSISTANCE:
The 1990 Clean Air Act Amendments gives each state government the lead in developing and implementing a
Small Business Technical and Environmental Compliance Assistance Program as part of legally enforceable state
implementation plans.
THE ACT'S DEFINITION OF A SMALL BUSINESS:
The Act establishes certain criteria that a company must meet to qualify for assistance as a small business. It
must be a small business as defined in the Small Business Act which generally means that it is an independently
owned and operated concern that is not dominant in its field. The business must be owned by a person who
employs 100 or fewer individuals, and cannot be a major stationary source of either a primary urban (so called
"criteria") pollutant or toxic air pollutant. It cannot, in fact, emit 50 tons or more of a single pollutant a year, or
more than 75 tons of all regulated pollutants. State governments can modify some of these requirements provided
that the particular source does not emit more than 100 tons a year of all regulated pollutants.
FEDERAL OVERSIGHT AND SUPPORT:
EPA will be providing several forms of guidance and assistance to these state assistance programs for the full
duration of the Act.
Federal Guidelines: EPA published final guidelines for states to draw upon to develop their assistance
programs. The Agency has approved each state compliance and assistance program to ensure that it meets the
Act's requirements.
Oversight and Monitoring: The EPA Small Business Ombudsman oversees and monitors all state assistance
programs and makes periodic reports to Congress on each state's progress. Among other things, the EPA
Ombudsman determines how well the state programs are working and makes sure that the information and
assistance the states provide is understandable to the layman.
Technical Assistance and Research: EPA shares information and research that it has developed nationally
with each state assistance and compliance program. States are able to receive technical assistance through
several EPA Centers and Hotlines. These Centers and Hotlines provide a broad range of assistance including
information concerning the Clean Air Act requirements, control technology data, pollution prevention
methods and alternatives, emission measurement methods, air pollution monitoring devices, and prevention of
accidental releases of toxic chemicals into the environment.
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COMPONENTS OF AN OVERALL STATE ASSISTANCE PROGRAM
By November, 1992, each state was required to develop a plan for implementing a Small Business Stationary Source
Technical and Environmental Compliance Assistance Program. Congress envisioned that these programs would be in place
before small businesses begin to feel the direct effects or deadlines of the Act.
Each state program is required to include three components: (1) appointment of a state small business ombudsman; (2)
establishment of a comprehensive small business assistance program; and, (3) appointment of a seven-member state compliance
advisory panel.
1. State Ombudsman: The first component is the State Ombudsman who acts as the small business community's
representative in matters that affect it under the Clean Air Act. Other responsibilities of the State Ombudsman could
beta:
Review and provide comments and recommendations to EPA and state/local air pollution control authorities
regarding the development and implement of regulations that impact small businesses;
Help disseminate information about upcoming air regulations, control requirements, and other pertinent matters
to small businesses;
Refer small businesses to the appropriate specialists in state government and elsewhere for help with particular
needs (e.g., available control technologies and operating permit requirements); and,
Conduct studies to evaluate the effects of the act on state and local economies, and on small businesses generally.
2. Small Business Assistance Program (SBAP): The second component of the overall state program is the Small
Business Assistance Program which is the technical and administrative support component within the state
government. The SBAP staff has access to air quality experts, technically proficient engineers, scientists and
managers, and environmental specialists who provide support and technical assistance needed by small businesses to
comply with the Act's requirements. Related responsibilities include:
Informing businesses of all requirements in the Clean Air Act that apply to them and the dates these requirements
will apply;
Helping small businesses deal with specific technical, administrative and compliance problems;
Disseminating up-to-date information about the Clean Air Act to the small business community, including easy
to understand public information materials; and,
Referring small businesses to environmental auditors who can evaluate how effective a company' s work practices,
monitoring procedures, and record-keeping are for complying with applicable clean air requirements.
3. State Compliance Advisory Panel: The third component of the overall state assistance program consists of a seven-
member state compliance advisory panel in each state for determining the overall effectiveness of the state SBAP.
Four of these members must be small business owners or representatives selected by the state legislature; the governor
of each state selects two other members to represent the "general public." The seventh member is chosen by the head
of the state agency responsible for issuing operating permits.
The State compliance advisory panels reviews and renders advisory opinions on the effectiveness of the state
SBAP, and makes periodic progress reports to EPA's Small Business Ombudsman concerning compliance of the small
business program with other pertinent federal regulations. The compliance advisory panels also makes certain that
information affecting small business is written in a style that is clear and understandable.
TYPES OF BUSINESSES SUBJECT TO AIR POLLUTION CONTROLS
This is a general list of the typical kinds of small type businesses affected by one or more of the air pollution control
programs under the 1990 Clean Air Act Amendments. All small businesses should consult their state pollution control agency
for more specific details about the controls that will be required in their area.
Agricultural Chemical Applicators Furniture Manufacturers Newspapers
Asphalt Manufacturers Furniture Repairs Pest Control Operators
Asphalt Applicators Gasoline Service Stations Photo Finishing Laboratories
Auto Body Shops General Contractors Printing Shops
Bakeries Hospitals Refrigerator/Air Conditioning
Distilleries Laboratories Service and Repair
Dry Cleaners Lawnmower Repair Shops Tar Paving Applicators
Foundries Lumber Mills Textile Mills
Metal Finishers Wood Finishers
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March 13. 2000 CLEAN AIR ACT
SMALL BUSINESS OMBUDSMEN AND TECHNICAL ASSISTANCE DIRECTORS
STATE
AL
AK
AZ
AZ
MARICOPA COUNTY
AR
CA
CA
South Coast AQMD
CO
CT
DE
DC
FL
GA
HI
ID
IL
IA
IN
KS
KY
LA
MA
MD
ME
MI
MN
MO
MS
OMBUDSMAN
Blake Roper
Richard Polito
Kathleen Tschogl
La Ronda Bowen
Cathy Heald
Tracy Babbidge
To be Announced
Sandra Handon
Elsa Bishop
Marvin Lowry
Anthony Ching
Sally Tarowski
Don Squires
Linda King
Erika Seydel-Cheney
Janet Neff
Rose Marie Wilmoth
Jim Friloux
Don Jackson
Ron Dyer
Dana Cole
Charlie Kennedy
Angie Heffner
Jesse Thompson
PHONE
(334) 394-4335
(N) (800) 533-2336
(602) 506-5102
(916) 323-6791
(S) (800) 272-4572
(909) 396-3235
(S)(800)388-2121
(303) 692-2034
(S) (800) 886-7689
(860) 424-3382
(S) (800) 760-7036
(302) 739-6400
(202) 535-1722
(850) 414-8399
(S) 800-722-7457
(404) 362-2656
(808) 586-4527
(208) 373-0472
(217) 785-1625
(S) (888) 372-1996
(N) (515) 242-4761
(S) (800) 358-55 10
(317)232-8598
(S) (800) 451-6027
(785) 296-0669
(N) (800) 357-6087
(502)564-2150X128
(N) (800) 926-8111
(225) 765-0735
(S) (800)259-2890
(410) 631-3165
(S) (800) 633-6101, X 3772
(207) 287-4152
(S) (800) 789-9802
(517)241-3518
(651) 297-8615
(S) (800) 985-4247
(573) 751-3222
(S) (800)361-4827
(601) 961-5167
(N) (800)725-6112
TECH. ASST. DIR.
Mike Sherman
Tom Chappie
Gregory Workman
Joe Bob Garner
Peter Venturini
Larry Kolczak
Nick Melliadis
Olivia Achuko
Bruce Thomas
Anita Dorsey-Word
Robert Tarn
Mark Enstrom
John Konefes
Cheri Storms
Jean Waters
Gregory Copley
Dick Lehr
Terry Goldberg
Andrew Gosden
Brian Kavanah
Dave Fiedler
Troy Johnson
Byron Shaw
Randy Wolfe
PHONE
(334) 271-7873
(N) (800) 533-2336
(907) 269-7686
(S) (800) 510-2332
(602) 207-4337
(S) (800) 234-5677, x 4337
(501)682-0866
(916) 445-0650
(S) (800) 272-4572
(909)396-3215
(S)(800)388-2121
(303) 692-3175
(N) (800) 333-7798
(202) 535-2997
(850) 921-7744
(S) (800) 722-7457
(404) 362-4842
(808) 586-4200
(217) 524-0169
(S) (800) 252-3998
(319)273-8905
(S) (800) 422-3109
(317)233-1041
(S) (800) 451-6027
(785) 532-4698
(N) (800) 578-8898
(606)257-1131
(N) (800) 562-2327
(225) 765-2453
(S) (800) 259-2890
(617) 367-8558 X 302
410-631-4158
(S)(800)633-6101,x4158
(207) 287-6188
(S) (800) 789-9802
(517)373-0607
(N) (800)662-9278
(651)296-7767
(S) (800)657-3938
(573) 526-6627
(N) (800) 361-4827
(601)961-5166
(N) (800)725-6112
-------
STATE
MT
NE
NV
NH
NJ
MM
NY
NC
ND
OH
OK
OR
PA
PR
RI
SC
SD
TN
TX
UT
VT
VA
VI
WA
WV
WI
WY
OMBUDSMAN
Karen Ekstrom
Dan Eddinger
Marcia Manley
Rudolph Cartier
Lauren Moore
Robert Horwitz
Tria Case
Edythe McKinney
Jeff Burgess
Mark Shanahan
Steve Thompson
Paul Burnet
Greg Czarnecki
Tomas DeLeon
Roger Greene
Phyllis Copeland
Joe Nadenicek
Ernest Blankenship
Israel Anderson
Stephanie Bernkopf
John Daniel
Marylyn A. Stapleton
Leighton Pratt
Hampton Rothwell
Dan Clark
PHONE
(406) 444-2960
(N) (800) 433-8773
(402) 471-3413
(775) 687-4670, x3162
(S) (800) 992-0900
(603) 271-1379
(609) 292-3863
(N) (800) 643-6090
(505) 827-9685
(N) (800) 810-7227
(212) 803-2280
(N) (800) 782-8369
(919) 733-0823
(N) (800) 829-4841
(701)328-5153
(S) (800) 755-1625
(614) 728-3540
(S) (800) 225-5051
(405) 702-7100
(503) 229-5776
(800) 452-4011 (S)
(717) 772-8951
(787) 724-1451
(401)222-2771X2402
(S) (800) 932-1000
(803) 898-3997
(N) (800) 819-9001
(605) 773-3836
(S) (800) 438-3367
(615) 532-6262
(N) 800-734-3619
(512)239-5319
(N) (800) 447-2827
(801) 536-4479
(N) (800)458-0145
(804) 698-4311
(S) (800) 592-5482
(340) 777-4577,x228
(360) 407-7018
(608)267-0313
(N) (800) 435-7287
(307) 777-7388
TECH. ASST. DIR.
Warren Norton
Janet Goodman
Rudolph Cartier
Chuck McCarty
Cecilia Williams
Marian J. Mudar, Ph.d
Karen Davis
Tom Bachman
Rick Carleski
Alwin Ning
Jill Inahara
Cecily Beall
Maria Rivera
Pam Annarummo
Natalie M. Loquist
Bryan Gustafson
Linda Sadler
Tamra Shae-Oatman
Ron Reece
Judy Mirro
Richard Rasmussen
Marylyn A. Stapleton
Bernard Brady
Fred Durham
Pam Christenson
Charles Raffelson
PHONE
(406) 444-2960
(N) (800) 433-8773
(775) 687-4670, x3164
(603) 271-1379
(609) 292-5565
(505) 827-0042
(N) (800) 810-7227
(518) 457-9135
(S) (800) 780-7227
(919) 733-1267
(N) 800-829-4841
(701)328-5188
(S) (800) 755-1625
(614) 728-1742
(405) 702-6100
(503) 229-6147
(S) (800) 452-4011
(215) 656-8709
(N) (800) 722-4743
(787) 767-8025 X296
(401)222-6822X7204
(S) (800)253-2674
(803) 898-3957
(N) (800) 819-9001
(605) 773-7171
(S) (800) 438-3367
(615) 532-8012
(N) (800) 734-3619
(512)239-1066
(N) (800) 447-2827
(801) 536-4091
(N) (800)270-4440
(802) 241-3745
(S) (800) 974-9559
(804) 698-4394
(S) (800) 592-5482
(340) 777-4577,x228
(360) 407-6803
(304) 558-1217
(S) (800) 982-2474
(608)267-9214
(N) (800) 435-7287
(307) 777-7347
Note: (S) = State (N) = National
-------
State Pollution Prevention Technical Assistance Programs
Region 1
US EPA Region 1
Mark Mahoney
JFK Federal Bldg (SPP)
Boston, MA 02203
Ph: 617/918-1155
Fx: 617/565-4939
mahoney.mark@epa.gov
Connecticut DEP
Kim Trella
79 Elm St
Hartford, CT 06106
Ph: 860/424-3234
Fx: 860/566-4924
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 DEP- OTA
Scott Fortier
100 Cambridge St. Rm 2109
Boston, MA 02202
Ph: 617/626-1090
Fx: 617/6261095
scoff. fortier@state.ma. us
MA OTA - STEP Program
Paul Richard
100 Cambridge St. Rm 2000
Boston, MA 02202
Ph: 617/626-1042
paul.richard@state.ma.us
Toxics Use Reduction Institute
Janet Clark
One University Avenue
Lowell, MA 01854
Ph: 508/934-3346
Fx: 508/934-3050
clarkjan@turi.org
New Hampshire DES
Stephanie D'Agostino
6 Hazen Drive
Concord, NH 03301
Ph: 603/271-6398
Fx: 603/271-2867
s_dagostino@des. state, nh.us
Rhode Island DEM
Richard Enander
235 Promenade St.
Providence, Rl 02908
Ph: 401/277-3434
Fx: 401/277-2591
Narragansett Bay Commission
James McCaughey
235 Promenade St.
Providence, Rl 02908
Ph: 401/277-6680
Fx: 401/277-2584
ppr@narrabay.com
Vermont ANR
Gary Gulka
103 South Main St
Waterbury.VT 05671
Ph: 802/241-3626
garyg@dec.anr.state.vt.us
NEWMOA
Terri Goldberg
129 Portlands!, Suite 602
Boston, MA 02114
Ph: 617/367-8558
Fax: 617-367-0449
neppr@tiac.net
Region 2
US EPA Region 2
Danielle Fuligni
290 Broadway (SPMMB)
New York, NY 10007
Ph: 212/637-3584
Fx: 212/637-3771
fuligni. danielle@epa. gov
New Jersey DEP
Melinda Dower
401 E State St, PO Box 423
Trenton, NJ 08625
Ph: 609/292-1122
Fx: 609/777-1330
mdower@dep. sta te. nj. us
NJTAP
Laura Battista
138 Warren St
Newark, NJ 07102
Ph: 973/596-5864
Fx: 973/596-6367
battista@megahertz. njit. edu
New York DEC-P2 Unit
Mary Werner
50 Wolf Rd
Albany, NY 12233
Ph: 518/457-2553
Fx: 518/457-2570
mhwemer@gw.dec.state.ny.us
Puerto Rico Environment
Carlos Gonzales
Ph: 809/765-7517x381
Fx: 809/765-6853
Region 3
US EPA Region 3
Jeff Burke
1650 Arch St
Philadelphia PA 19103
Ph: 215/814-2761
Fx: 215/814-2782
burke.jeff@epa.gov
Delaware DNR
Andrea Kreiner
PO Box 1401
89 Kings Highway
Dover, DE 19903
Ph: 302/739-3822
Fx: 302/739-6242
akreiner@dnrec. state.de. us
MD Dept of Environment
Laura Armstrong
2500 Broening Hwy
Baltimore, MD 21224
Ph: 410/631-4119
Fx: 410/631-4477
larmstrong@mde. state, md. us
PA Dept of Environment
Meredith Hill
PO Box 2063
Harrisburg, PA 17105
Ph: 717/783-8727
Fx: 717/787-8470
hill. meredith@dep. sta te.pa. us
PA Technical Assistance
Jack Gido
110 Barbara Bldg II
University Park, PA 16802
Ph: 814/865-0427
Fx: 814/865-5909
Virginia DEQ
Sharon K. Baxter
POBox 10009
Richmond, VA 23240
Ph: 804/698-4344
Fx: 804/698-4277
skbaxter@deq.state. va. us
West Virginia DEP-OWR
Leroy Gilbert
HC 61 Box 384
Danese, WV 25831
Ph: 304/484-6269
Fx: 304/558-2780
llgilbert@hotmail.com
Region 4
US EPA Region 4
Dan Ahern
61 Forsyth St SW
Atlanta, GA 30303
Ph: 404/562-9028
Fx: 404/562-9066
aftern. dan@epa. gov
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
Julie. abcarian@dep. state, fl. us
Georgia DNR- P2AD
Jancie Hatcher
7 MLK Jr. Dr. Suite 450
Atlanta. GA 30334
Ph: 404/651-5120
Fx: 404/651-5130
p2ad@ix. netcom. com
Kentucky DEP
Vicki Pettus
14Reilly 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
jcmetc01@gwise.louisville.eud
Mississippi DEQ
Thomas E. Whitten
PO Box 20305
Jackson, MS 39289
Ph: 601/961-5241
Fx: 601/961-5349
North Carolina DEHNR
Gary Hunt
PO Box 29569
Raleigh, NC 27626
Ph: 919/715-6500
Fx: 919/715-6794
gary_hunt@owr.ehnr.state.nc.us
South Carolina DHEC
Robert Burgess
2600 Bull St
Columbia, SC 29208
Ph: 803/898-3971
burgesre@columb30. dhec. sta te. sc. us
Tennessee DEC
Angle Pitcock
401 Church St
Nashville, TN 37243
Ph: 615/532-0760
Region 5
US EPA Region 5
Phil Kaplan
77 West Jackson Blvd
Chicago, IL 60604
Ph: 312/353-4669
Fx: 312/353-4788
kaplan.phil@epa.gov
Illinois EPA
Keri Luly
1021 N Grand Ave. East
Springfield, IL 62794
Ph: 217/524-1846
Fx: 217/557-2125
epa8604@epa.state.il. us
Illinois Waste Mgmt
Tim Lindsey
One East Hazelwood Dr.
Champaign, IL 61820
Ph: 217/333-8955
Fx: 217/333-8944
tlindsey@ wmrc.hazard. uiuc. edu
Indiana DEM
John Chavez
1 DON Senate Ave PO6015
Indianapolis, IN 46206
Ph: 317/233-6658
Fx: 317/233-5627
jchavez@dem.state.in.us
IN Clean Manufacturing Tech & Safe
Materials Institute
Alice Smith
2655 YeagerRd. Suite 103
West Lafayette, IN 47906
Ph: 765/463-4749
Fx: 765/463-3795
alice@ce-ecn.purdue.edu
Michigan DEQ
Marcia Horan
PO Box 30273
Lansing, Ml 48909
Ph: 517/373-9122
Fx: 517/335-4729
horanm@state.mi.us
Minnesota (MN TAP)
Cindy McComas
1313 5th StSWSuite 207
Minneapolis, MN 55414
Ph: 612/627-4556
Fx: 612/627-4769
mccom003@tc.umn.edu
MN Pollution Control
Agency
Al Innes
520 Lafayette Road North
St. Paul, MN 55155
Ph: 651/296-7330
Fx: 651/282-6247
alister.innes@pca.state.mn.us
This list is updated and maintained on the EPA P2 Home Page at www.epa.gov/p2/p2statecontacts.htm
11/99
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State Pollution Prevention Technical Assistance Programs
WIN Office of Environmental Assistance Oklahoma DEQ KSU - P2 Institute Utah DEQ
Dianne Wilkins Sherry Davis Sonja Wallace
707 N Robinson PO Box 1677 133 Ward Hall 168 N 1950 West
Oklahoma City, OK 73101 Manhatten, KS 66506 Salt Lake City, UT 84114
Ph: 405/702-6116 Ph: 785/532-6501 Ph: 801/536-4477
Fx: 405/702-6100 Fx: 785/532-6952 Fx: 801/536-0061
dianne.wilkins@deqmail. state, ok.us sbd@.ksa.edu swallace.deq.state.ut.us
Phillip Muessig
520 Lafayette Road North
St. Paul, MN 55155
Ph: 651/215-0204
Fx: 651/215-0246
phillip. muessig@moea. state, mn. us
MN Technology Inc.
Kevin O'Donnell
111 3rd Ave. South
Minneapolis, MN 55401
Ph: 612/672-3446
Fx: 612/497-8475
kodonnell@mail. mntech. org
Ohio EPA
Michael Kelley
P.O. Box 1049
Columbus, OH 43216-1049
Ph: 614/644-3469
Fx: 614/728-2807
michael.kelley@epa.state.oh.us
University of Wisconsin
RickGrote
610 Langdon St, Rm 530
Madison, Wl 53703
Ph: 608/265-3055
Fx: 608/262-6250
grote@wmep.org
National Farmstead Program
Liz Nevers
B142 Steenbock Library
Madison Wl 53706
Ph: 608/265-2774
Fx: 608/265-2775
enevers@facstaff.wisc.edu
Wisconsin DNR
Lynn Persson
PO Box 7921
Madison, Wl 53707
Ph: 608/267-3763
Fx: 608/267-0496
Region 6
US EPA Region 6
Eli Martinez
1455 Ross Ave Suite 1200
Dallas, TX 75202
Ph: 214/665-2119
Fx: 214/665-7446
martinez.el@epa.gov
Arkansas IDC
Alford Drinkwater
One Capitol Mall
Little Rock, AR 72201
Ph: 501/682-7325
Fx: 501/682-2703
adrinkwater@aedc/state.ar.us
Louisiana DEQ
Gary Johnson
PO Box 82263
Baton Rouge, LA 70884
Ph: 504/765-0739
Fx: 504/765-0742
garyj@deq. state.la. us
Louisiana TAP
University of New Orleans
New Orleans, LA
Ph: 504/286-6305
Fax: 504/286-5586
New Mexico ED
Patricia Gallagher
1190 StFramcisDr
SanteFe, NM 87502
Ph: 505/827-0677
Fx: 505/827-2846
pat_gallagher@nmenv. state, nm. us
Texas NRCC
Kathey Ferland
POBox13087-MC112
Austin, TX 78711
Ph: 512/239-3177
Fx: 512/239-3165
kferland@tnrcc. state, tx. us
Gulf Coast Hazardous Substance
Research
Margaret Aycock
PO Box 10671
Beaumont, TX 77710
Ph: 409/880-8897
Fx: 409/880-1837
aycock@ALMARK.lamar.edu
TX Manuf. Assistance Center
Conrad Soltero
Univ. of TX-EI Paso
500 W University , Surges
El Paso, TX 75202
Ph: 915/747-5930
Fx: 915/747-5437
conrad@utep.edu
Lower Colorado River Authority
Mark Johnson
PO Box 220
Austin, TX 78703
Ph: 512/473-3200
Fx: 512/473-3579
mark.johnson@lcra. org
Region 7
US EPA Region 7
Marc Matthews
726 Minnesota Ave (ARTD/TSPP)
Kansas City, KS66101
Ph: 913/551-7517
Fx: 913/551-7065
matthews.marc@epa.gov
Iowa DNR
Jeff Fiagle
502 E. 9th St
Des Moines, IA 50319
Ph: 515/281-5353
Fx: 515/281-8895
jfiagle@max. state.ia. us
Iowa Waste Reduction Center
Christine Twait
1005 Technology Parkway
Cedar Fall, IA50613
Ph: 319/273-8905
Fax: 319/268-3733
twait@uni.edu
IOWA DED
Linda King
Small Business Liasion
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
Missouri DNR-TAP
David Goggins
PO Box 176
Jefferson City, MO 65102
Ph: 573/526-6627
Fx: 573/526-5808
nrgoggd@mail. state, mo. us
NE Business Development Center
Rick Yoder
1135 MSt, Suite 200
Lincoln, NE 68508
Ph: 402/472-1183
Fx: 402/472-3363
ryoder@unomaha. edu
Nebraska DEQ, P2 Office
Ben Hammerschmidt
PO Box 98922
Lincoln, NE 68509
Ph: 402/471-6988
Fax: 402/471-2909
deq219@mail. deq. state, ne. us
MAMTC
Anne Brown
801 Campus Dr
Garden City, KS 67846
Ph: 316/276-9505
Fx: 316/276-9523
abrown@midusa.net
Region 8
US EPA Region 8
John Larson
999 18thSt, Suite 500
Denver, CO 80202
Ph: 303/312-6030
Fx: 303/312-6741
larson.john@epa.gov
Colorado DHE
Parry Burnap
4300 Cherry Creek Dr
Denver, CO 80222
Ph: 303/692-3009
Fx: 303/782-4969
parry. burnap@state. co. us
Montana P2 Program
Michael P. Vogel
109 Taylor Hall
Bozeman, MT 59717
Ph: 406/994-3451
Fx: 406/994-5417
acxmv@montana.edu
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 Ave
Pierre, SD 57501-3151
Ph: 605/773-4254
Fx: 605/773-4068
Wyoming DEQ
Patricia Jordan
122 West 25th
Cheyenne, WY 82002
Ph: 307/777-6105
Fx: 307/777-5973
pjorda@missc. state, wy. us
Region 9
US EPA Region 9
Eileen Sheehan
75 Hawthorn St(WST-1-1)
San Francisco, CA 94105
Ph: 415/744-2190
Fx: 415/744-1680
wilson.bill@epa.gov
Arizonia DEQ
Jacquelione Maye
3033 North Central Ave
Phoenix, AZ 85012
Ph: 602/207-4607
Fax: 602/207-2302
maye.jacqueline@ev.state, az. us
California EPA
Terri Cronin
8800 Cal Center Dr
Sacramento, CA 95826
California Energy Commission
David Jones
1519 9th St
Sacramento, CA 95814
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
Ph: 310/825-2654
Fx: 310/206-3906
Hawaii Department of Health
Marlyn Aguilar
919 Ala Moana Blvd, Rm 212
Honolulu, HI 96814
Ph: 808/586-7496
Fx: 808/586-7509
maguilar@eha. health, state.hi. us
Nevada Small Business Development
Center
Kevin Dick
6100 Neil Rd. Suite 400
Reno, NV 89511
Ph: 775/689-6677
Fx: 775/689-6689
dick@unr.edu
Region 10
US EPA Region 10
Carolyn Gangmark
1200 Sixth Ave (01-085)
Seattle, WA 98101
Ph: 206/553-4072
Fx: 206/553-8338
gangmark.carolyn@epa.gov
This list is updated and maintained on the EPA P2 Home Page at www.epa.gov/p2/p2statecontacts.htm
11/99
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State Pollution Prevention Technical Assistance Programs
Alaska DEC
Marianne See
555 Cordova St
Anchorage, AK 99501
Ph: 907/269-7586
Fx: 907/269-7600
msee@envircon.state.ak. us
Idaho DEQ
Katie Sewell
450 West State St
Boise, ID 83720
Ph: 208/373-0465
Fx: 208/373-0169
ksewell@deq. state.id. us
Oregon DEQ
Marianne Fitzgerald
811 SW Sixth St
Portland, OR 97204
Ph: 503/229-5946
Fax: 503/229-5850
fitzgerald. marianne@deq.state, or. us
Washington DEC
Lynn Helbrecht
PO Box 47600
Olympia, WA 98504
Ph: 360/407-6760
Fx: 360/407-6715
Ihel461@ecy.wa.gov
Pacific Northwest P2 Resource Center
Madeline Sten
1326 Fifth Ave., Suite 650
Seattle, WA 98101
Ph: 206/223-1151
Fx: 206/223-1165
msten@pprc.org
Washington State University
Carol Reisenberg
501 Johnson Tower
Pullman, WA 99164
Ph: 509/335-1576
Fx: 509/335-0949
andersol@ wsuvml. esc. wsu. edu
This list is updated and maintained on the EPA P2 Home Page at www.epa.gov/p2/p2statecontacts.htm 11/99
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Office of Small and Disadvantaged Business Utilization
The Office of Small and Disadvantaged Business Utilization (OSDBU), under the supervision of the
Director, is responsible for developing policy and procedures implementing the functions and duties
under sections 8 and 15 of the Small Business Act as amended by Public Law (P.L.) 95-507 (October
24, 1978) and P.L. 100-656 8(a) Reform Act. The Office develops policies and procedures
implementing the provisions of Executive Orders 11625, 12432 and 12138 and is responsible for
developing policies and procedures for implementing the requirements of Section 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
DESCRIPTION
The Office develops, in collaboration with the Director of the Office of Acquisition Management, Office
of Administration and Resources Management, Office of Administration and Resources Management,
and EPA senior-level officials, programs to stimulate and improve the involvement of small business,
minority business, labor surplus areas and women-owned business enterprises in the overall EPA
procurement process. OSDBU monitors and evaluates Agency performance in achieving EPA goals and
objectives in the above areas, and recommends the assignment of EPA Small Business Representatives
to assist designated Procurement Center Representatives of the Small Business Administration to carry
out their duties pursuant to applicable socioeconomic laws and mandates.
ACTIVITIES
* Develops policy and procurements impacting socioeconomic businesses
* Establish and monitor direct procurement goals for:
if Small Business
^ 8(a) Business
if Small Disadvantaged Business
-------
Assistance to Minority and Women-Owned Business Program
Under Agency Financial Assistance Programs
(Grants and Cooperative Agreements)
DESCRIPTION
The Office is responsible for assuring that small, minority, women-owned and labor surplus are firms are
given the opportunity to receive a "fair share" of subagreements during the procurement phase of certain
types of financial assistance awarded by the Agency. OSDBU develops policies and procedures to aid these
business entities with the assistance of the Grants Administration Division, Office of Administration and the
Grants, Contracts and General Law Division, Office of General Counsel. Additionally, OSDBU is responsible
for the collection of data and for monitoring the effectiveness of the program and serves as the principal focal
point between EPA and the Minority Business Development Agency of the U.S. Department of Commerce.
ACTIVITIES
4 Develops and monitors policy and procedures
4 Regions establish "Fair Share" objectives with recipients of financial assistance
4 Recipients report to delegated States or to Regional Offices
4 EPA reports data to the Cabinet Council for Commerce and Trade through the Minority Business
Development Agency
4 Provides technical and management assistance to minority and women-owned businesses
4 Provides Regional technical, management assistance and support
4 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
REGION COORDINATOR STATES
n
in
IV
v
VI
VII
vni
IX
x
Cincinnati
Headquarters
Stanley Scott
Sharon Molden
Otto Salamon
Romona McQueen
Brenda Banks
Dorothy Dimsdale
Robert Richardson
Debora Bradford
Pradip Dalai
Maurice Velasquez
Joe Ochab
Michael Letoumeau
Norman White
Lupe Saldana
CT, ME, RI, MA, NH, VT
NJ, NY, PR, VI
DE, DC, MD, PA, VA, WV
AL, FL, GA, KY, MS, NC, SC, TN
IL, IN, MI, MN, OH, WI
AR, LA, NM, OK, TX
LA, KS, MO, NE
CO, MT, ND, SD, LIT, WY
AZ, CA, LH, NV, AS, GU
AK, ID, OR, WA
TELEPHONE
(617)918-1971
(617)918-9012
(212)637-3417
(215)814-5155
(404) 562-8420
(404) 562-8398
(312)353-5677
(214)665-7406
(913)551-7454
(303)312-6862
(415)744-1628
(206)553-1187
(513)487-2024
(202) 564-5353
OSDBU STAFF
Jeanette Brown
David Sutton
Mark Gordon
Elaine Rice
Trina Porter
Mryna Mooney
Theresa Stewart
Director
Deputy Director
Attorney Advisor
National Training Officer
Soc. Bus. Program Officer
Soc. Bus. Prog. Ofr./Tribal
SEE Employee
(202) 564-4100
(202) 564-4100
(202) 260-8886
(202) 564-4141
(202) 564-4322
(202) 564-4386
(202)564-2314
Katheryn Maddox
Rebecca Neer
Denean Jones
Tammy Thomas
Dionne Claytor
Thelma Harvey
Program Analyst
Program Analyst
Info. Mgmt. Specialist
Program Specialist
Clerk-Typist
SEE Employee
(202) 564-4143
(202) 564-4237
(202) 564-4142
(202) 564-4298
(202)564-4139
(202) 564-4526
OSDBU has a site on the Internet of general information and publications for small businesses interested in doing with EPA. Our WEB
address is: http://www.epa.gov/OSDBU
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Office Small Business Ombudsman (OSBO)
REQUEST FOR PUBLICATIONS
WINTER 2000
EPA USE ONLY
INQ. NO.: DATE:
Inquiry Source: [Hotline: Phone
[Add: Init: Date:
Small Business
FILLED BY:
Machine 1 Fax:
[Change: Init: Date:
Asbestos
DATE FILLED:
U.S. Mail: Other
1 [Delete: Init:
Date: 1
NAME
TELE. NO.:
(
)
Organization:
Address:
City:
IF YOU ARE NOT ALREADY RECEIVING THE BI-ANNUAL
PLEASE COMPLETE THIS SECTION (To receive bi-annual
State:
Date:
Zio:
EDITIONS OF THE "UPDATE" NEWSLET
"Updates" and related mailings.): Yes:
INDUSTRY:
Consultant
(Indicate, or Circle Below)
Laboratory
Attorney
Engineer
Educational
Environmental
PUBLICATIONS REQUESTED
State Govt.
FER AND WISH TO DO SO,
No:
No. Employees: 1-99 100-499
County Govt.
City Govt.
Association
Individual
EPA Hq.:
500-UD
EPA Region:
Congressional
Other Fed.:
(Circle the Corresponding Alpha-Numeric Codes below):
Alpha-numeric codes refer to publications described in "Information For Small Business," available from OSBO upon request.
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Mail to:
Karen V. Brown, Small Business Ombudsman
US Environmental Protection Agency
Ariel Rios Building, 1200 Pennsylvania Ave, NW (2131)
Washington, D.C. 20460
Remarks/Other Materials Requested:
Or Telephone:
Toll Free Hotline: (800) 368-5888
In the D.C. area, (202) 260-1211,
or Telefax (202) 401-2302
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