Small-Biz@EPA
Small Business Ombudsman Bulletin
News for the Small Business Community
Welcome & Introduction
Welcome to the new SmallBiz@EPA Bulletin. This quarterly web publication
replaces the SBO Update and highlights recent Agency activities and State
Small Business Environmental Assistance Program (SBEAPs) initiatives. We
hope you enjoy the articles and stay tuned.
IN THIS ISSUE:
Welcome & Introduction 1
The ASBO Team 1
Do You Have News for the SmallBiz@EPA Bulletin?
Want to reach the small business community? Send a brief synopsis of your
success stories, technical and regulatory updates, and other news to Paula
Zampieri at (zampieri.paula@epa.gov). Include your Web site link. Submissions
must be received by the third Tuesday of March, June, September and December
to be included in our next publication.
The ASBO Team
Joan B. Rogers, ASBO 202-564-6568
Angela Suber 202-566-2827
Deanna Moultrie-Jackson
202-564-0168
Paula Zampieri 202-566-2496
Lester Facey 202-566-1321
Esther McCrary 202-566-2824
Tom Nakley 202-566-2826
Treva Alston 202-566-1594
Mainline: 202-566-2075
Hotline: 1-800-368-5888 /
202-566-1970 (DC area)
Fax: 202-566-1505
Contact Lists
Need to find the right person to contact for a comment or question within your
state, region or program?
Go to the ASBO's EPA Small Business Contacts and Projects list at
www.smallbiz-enviroweb.org/contacts.aspx
Contact Lists 1
Events 2
Reaching the Small
Business Community 2
Technical Updates 3
Success Stories 5
Regulatory Updates 6
Small Business Ombudsman:
Joan Rogers,
Small Business Ombudsman
1200 Pennsylvania Avenue, NW
Washington, DC 10460
Rogers.JoanB@epamail.epa.gov
202-566-2075
For More Information on Small
Business Environmental Compliance:
www.smallbiz-enviroweb.org
Hotline: 1-800-368-5888
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Small-Biz EPA
Events
SBO/SBEAP National
Conference
The 2009 Small Business Ombudsman/Small Business
Environmental Assistance Program National Conference
will be held on June 1-5, 2009 in Louisville, Kentucky,
at The Brown Hotel. This annual conference is a
great opportunity to share information to help small
businesses with their environmental compliance, energy,
and pollution prevention issues.
For more information and to register for the conference
go to www.sbeapconference.com
Reaching the Small
Business Community
The Small Business Environmental
Home Page
"Helping small businesses and assistance providers
access environmental compliance and sustainable
business information."
The Small Business Environmental Home Page
(Home Page), funded by EPA's Asbestos Small
Business Ombudsman, actively supports state Small
Business Ombudsmen (SBO) and state Small Business
Environmental Assistance Programs (SBEAPs). The Home
Page serves as a central point for sharing resources,
exchanging information, and developing compliance
tools.
Go to www.smallbiz-enviroweb.org or contact Audrey
Graylin Zelanko, 724-452-4722
National Compliance
Assistance Centers
Sector Specific Resources
EPA has sponsored partnerships with industry, academic
institutions, environmental groups, and other agencies to
establish National Compliance Assistance Centers for 16
industry and government sectors. These sector-specific
resources can help you understand your environmental
obligations, improve compliance, and find cost-effective
ways to comply.
For a complete list of the 16 various industry sectors and
compliance centers please go to www.assistancecenters.
net
State Resource Locators
The Centers have developed a series of State Resource
Locators providing easy access to state specific
regulations and resources for a variety of topics (e.g.,
universal waste, stormwater, asbestos). The centers are
continually developing new features to better serve
their customers. Be sure to explore the new Center
developments!
To access the locators, go to www.envcap.org/
statetools. For more information contact Tracy Back,
202-564-7076 or back.tracy@epa.gov
COMPASS -Compliance Assistance
Newsletter
The COMPASS is EPA's Office of Compliance's newsletter
for compliance assistance providers and the regulated
community. This newsletter is published a few times
each year and each edition focuses on a specific
compliance assistance theme or topic of interest. The
newsletter also has a "Hot News" section to highlight
important information such as new policies, guidance,
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Small-Biz EPA
tools, events or reports related to EPA's Compliance
Assistance Program, both nationally and in each of our
regional offices. This and past editions of the newsletter
are available at: http://epa.gov/compliance/resources/
newsletters/assistance/index, html.
For more information contact Catherine Tunis, 202-564-
0476 or tunis.catherine@epa.gov
Get Compliance Assistance News
Delivered to Your Computer
EPA's Office of Compliance (OC) has established an e-mail
list that will provide compliance-related information to
environmental professionals, members of the regulated
community, and others. OC's Compliance Assistance and
Sector Programs Division sends a Quarterly Compliance
Assistance News Briefs with information on new CA
tools, significant rule changes, workshops around the
country, web casts, and other news, all with links to
more information. To subscribe to the list yourself, go to
https://lists.epa.gov/read/, click on "show more," look
for "ocorelink Office of Enforcement and Compliance
Assurance information," click on "subscribe," and enter
your information.
For more information contact Catherine Tunis, 202-564-
0476 or tunis.catherine@epa.gov
TEXAS COMMISSION ON
ENVIRONMENTAL QUALITY
Small Business and Local Government
Assistance Section
Fiscal Year 2008 Summary
The Texas Commission on Environmental Quality
(TCEQ) offers assistance through its Small Business and
Local Government Assistance (SBLGA) program to help
small businesses and local governments comply with
environmental rules. The program is designed to give
confidential technical assistance on air, water, waste,
and pollution prevention issues without the threat of
enforcement. In fiscal year 2008, the SBLGA assisted
more than 7,950 customers via the hotline, on-site,
e-mail or walk-in, created or updated 28 publications,
presented compliance material to over 4,600 customers
at 82 outreach events, and sent over 16,800 rule updates
and regulatory announcements to customers via the
GovDelivery e-mail system.
For more information on the various programs and
special projects in Texas click TCEQ.pdf, go to www.
sblga.info or call 1- 800-447-2827.
Technical Updates
ECOS Launches Toxic Release
Inventory (TRI) Web site
Under a recent five-year cooperative agreement, ECOS
and the U.S. Environmental Protection Agency have
developed a new public collaborative forum at www.
ChemicalRight2Know.org. Users of TRI data will be
able to vet their analyses, share success stories and
best practices, and collaborate on solving community
chemical-related problems.
The main mission of the collaborative forum is to provide
one-stop access for those in and out of government
seeking non-federal information on TRI and other
environmental data, analyses, and trends.
For more information contact: Kelley Ann Lovelace,
Environmental Council of the States (ECOS) 202-624-
3661 or klovelace@sso.org
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Small-Biz EPA
EPA Makes 2006 Inventory Update
Rule Public Database Available
On December 30, 2008, EPA's Office of Pollution
Prevention and Toxics (OPPT) posted the 2006 Inventory
Update Rule (IUR) Public Database, available at www.
epa.gov/iur. During the 2006 IUR submission period,
companies provided manufacturing, processing, and use
information for certain chemical substances listed on the
Toxic Substances Control Act (TSCA) Chemical Substance
Inventory. The updated IUR Web site includes the 2006
Inventory Update Reporting Data Summary and the 2006
IUR Public Database.
For more information contact Susan Sharkey (sharkey.
susan@epa.gov) or Chenise Farquharson (farquharson.
chenise@epa.gov).
Minnesota Small Business
Environmental Assistance Program
Publication
Minnesota SBEAP has created/updated several
publications, including:
Low Impact Development for Businesses fact sheet
www.pca.state.mn.us/publications/p-gen3-06.pdf
Compliance Calendars: Aboveground Storage Tanks,
Aggregate, Asphalt, Construction Stormwater, Dry
Cleaner, and Vehicle Maintenance
www.pca.state.mn.us/programs/sbap-new.html
Electronic newsletter www.pca.state.mn.us/programs/
sbeap-publications.html#newsletters
Dry Cleaner factsheet (including new NESHAP
requirements)
www.pca.state.mn.us/publications/aq5-03.pdf
Autobody NESHAP fact sheet and forms (Subpart 6H)
www.pca.state.mn.us/programs/sbap-sectors.
html#auto
Air Registration Permit Self Audit Checklists www.pca.
state.mn.us/programs/audit_p.html#airquality
Industrial Stormwater No Exposure
Outreach Project
Staff at the Small Business Environmental Assistance
Program (SBEAP) are working to get the word out
about industrial Stormwater regulations. SBEAP has
developed a number of sector specific brochures that
are being distributed to manufacturers throughout the
state. SBEAP has contacted about 8200 facilities in the
Transportation Equipment, Chemical & Allied Products,
Commercial Equipment, Electronics, Fabricated Metal,
and Printing sectors. These sectors were chosen for the
outreach project because of the likelihood that many
of these facilities would be eligible for an exemption
from the permit known as the No Exposure Exclusion.
Facilities that do not have pollutant-containing
(significant) materials exposed to Stormwater likely
qualify for this exclusion. Facilities that have significant
materials exposed to Stormwater need to first complete
a Stormwater Pollution Prevention Plan and apply
for permit coverage. This plan documents significant
materials that exist at a facility, and then detail methods
that will be used to manage operations to prevent
Stormwater that flows off site from carrying pollutants
into the waters of Minnesota.
The MPCA's Industrial Stormwater Program is at work
drafting a new version of the Industrial Stormwater
Permit that implements these rules which will likely be
reissued in the next year. These Stormwater rules apply
to all manufacturers in Minnesota, regardless of the type
of manufacturing they are involved with. They also apply
to other industrial type facilities not directly involved
in manufacturing. To learn more about these rules and
options for compliance go to www.pca.state.mn.us/
noexposure or call SBEAP.
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Small-Biz EPA
Success Stories
Region 4 Collision Repair Campaign
In 2008, EPA promulgated a new regulation for autobody
shops (www.epa.gov/collisionrepair). Small shops,
unless they can prove that they qualify for an exemption,
will have to invest in expensive equipment like spray
booths, high-efficiency spray guns and new gun cleaning
stations, not to mention specialized training for every
painter.
In order to help the small business community, the Small
Business Environmental Assistance Programs in Region
4, in partnership with EPA's Collision Repair Campaign,
designed outreach and education programs for shop
owners and staff. This group produced a DVD that
would serve the dual purpose of encouraging pollution
prevention through best management practices and
providing information about the new rule and the
resources available to those affected by it. The DVD will
be available (Spanish and English versions) by the end of
Spring 2009.
For more information contact Holly Wilson at 919-541-
5624 or wilson.holly@epa.gov.
Michigan Department of Environmental Quality
IE-Learning*
Michigan Department of
Environmental Quality (MDEQ)
to Begin Offering Online Learning
Opportunities
For years the (MDEQ), Environmental Assistance
Program (EAP) has strived to improve the environmental
compliance of Michigan's businesses through the use
of various outreach tools such as phone consultations,
publications, workshops, and permit coordination
meetings. The EAP is expanding its outreach to include
online training modules. This type of training can be
viewed by the user at anytime, anonymously, and at
no cost via the Internet. Go to www.michigan.gov/
deqworkshops and select "Online Learning."
For more information about MDEQ's On-line Learning,
contact Jim Ostrowski at (517) 241-8057 or ostrowskij2@
michigan.gov.
Indiana Compliance and Technical
Assistance Program (ICTAP)
Accomplishments
Small Business Guide
The ICTAP released its Small Business Guide to
Environmental, Safety, and Health Regulations in
2008. The guide is designed to help small businesses
understand and comply with regulations that apply to
their operations. A CD copy of the guide was mailed
to over 10,000 small businesses around the state, and
over 800 hardcopies were distributed to small business
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development centers, chambers of commerce, workshop
participants and conference attendees.
If you have any questions on information in the guide,
please call (317) 232-8172 or (800) 988-7901 or go to:
www.in.gov/idem/5556.htm
Compliance Assistance in Action
ICTAP helped a company switch from small quantity
generator (SQG) status to conditionally exempt small
quantity generator (CESQG) status for hazardous waste.
ICTAP showed the company how to measure and
calculate its waste; the company realized it accumulated
less than 220 pounds of hazardous waste per month
and could be classified as a CESQG instead of an SQG,
which significantly reduced its regulatory burden. Also,
ICTAP helped the company change from a minor source
operating permit to a permit-by-rule for air emissions.
ICTAP helped the company measure and calculate its air
emissions, which showed it emitted less than 20% of the
air threshold and therefore could avoid permitting fees
and cumbersome reporting requirements by changing to
a permit-by-rule.
If you have any questions about this story, please contact
Katie Beam at (317) 232-8578 or kbeam@idem.in.gov.
Regulatory Updates
Regulatory Agenda
The Regulatory Flexibility Act (5 U.S.C. 601) requires that
agencies publish regulatory agendas identifying those
rules that may have a significant economic impact on
a substantial number of small entities. Agencies meet
that requirement by including the information in their
submissions for the Unified Agenda.
Twice a year, EPA publishes the Semiannual Regulatory
Agenda to update the public about:
Regulations and major policies currently under
development
Reviews of existing regulations and major policies
Regulations and major policies completed or canceled
since the previous Agenda
Fall 2008 Agenda Entries for Rules that may
Require a Regulatory Flexibility Analysis
The following lists the regulatory actions for which EPA
believes that the Act may require a Regulatory Flexibility
Analysis because the rule is likely to have a significant
economic impact on a substantial number of small
businesses.
National Primary Drinking Water Regulations: Radon
National Primary Drinking Water Regulations:
Revisions to the Total Coliform Monitoring and
Analytical Requirements and Consideration of
Distribution System Issues
Combined Rulemakingfor Industrial, Commercial, and
Institutional Boilers, and Process Heaters at Major
Sources of HAP and Industrial, Commercial, and
Institutional Boilers at Area Sources
Renewable Fuels Standard Program
Control of Emissions From Nonroad Spark-Ignition
Engines and Equipment
Pesticides; Competency Standards for Occupational
Users
Pesticides; Agricultural Worker Protection Standard
Revisions
For more information on each of these rules, go to www.
epa.gov/lawsregs/documents/regagendabook-faM08.
pdf, page 163.
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Fall 2008 Agenda Entries for Rules that may
Affect Small Businesses when a Regulatory
Flexibility Analysis is not Required
The Fall 2008 Agenda lists seventy-six regulatory actions
for which EPA believes may have some impact on small
entities even though a Regulatory Flexibility Analysis may
not be required.
For information on the seventy-six actions, go to www.
epa.gov/lawsregs/documents/regagendabook-fall08.
pdf, page 164.
Rules Designated for 610 Review
Section 610(a) of the Regulatory Flexibility Act (5 U.S.C.
601) requires each agency to have a plan for the periodic
review of its rules that have a significant economic
impact on a substantial number of small entities. Each
agency must publish annually in the Federal Register a
list of the rules that it plans to review in the next year.
VOC Regulation for Architectural Coatings
Control of Emissions of Air Pollution From Nonroad
Diesel Engines
National Primary Drinking Water Regulations: Stage 1
Disinfectant/Disinfection By-Products Rule
For more information on each of these rules, go to www.
epa.gov/lawsregs/documents/regagendabook-fall08.
pdf, page 163.
Regulatory Flexibility Act as amended
by the Small Business Regulatory
Enforcement Fairness Act (RFA/
SBREFA)
The Small Business Regulatory Enforcement Fairness
Act (SBREFA), passed in March 1996, amended the
Regulatory Flexibility Act (RFA) to further the Agency's
partnerships with small entities in our rulemakings.
One of the important goals of the RFA/SBREFA, is to
provide small entities with an expanded opportunity to
participate in the development of certain regulations.
EPA is the government leader implementing RFA/SBREFA.
Under the RFA/SBREFA, EPA must prepare a formal
analysis of the potential negative impacts on small
entities, convene a Small Business Advocacy Review
(SBAR) Panel (proposed rule stage), and prepare a Small
Entity Compliance Guide (final rule stage), unless the
Agency certifies that a rule will not have a significant
economic impact on a substantial number of small
entities.
For a list of frequently asked RFA/SBREFA questions, go
to www.epa.gov/sbrefa/faq.htm.
For EPA's "Final Guidance for EPA Rulewriters: Regulatory
Flexibility Act as amended by the Small Business
Regulatory Enforcement Fairness Act" go to www.epa.
gov/sbrefa/documents/rfa finalguidance06.pdf.
Small Business Advocacy Review (SBAR)
Panels
The RFA/SBREFA requires EPA to convene a SBAR Panel
for any proposed rule for which EPA is required to
prepare an initial regulatory flexibility analysis (IRFA). A
SBAR Panel is an additional means for small entities to
provide input into certain EPA rulemakings to ensure
that the unique concerns of small entities are carefully
considered during the rulemaking process.
Each SBAR Panel consists of representatives from EPA,
the Small Business Administration, and the Office of
Management and Budget. Although the statutory name
for the SBAR Panel refers only to small businesses, each
SBAR Panel must solicit and consider the concerns of all
small entities directly regulated by the rule, including
small governmental jurisdictions and small nonprofit
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Small-Biz EPA
organizations, in addition to small businesses. The
Panel must report on the comments of the small entity
representatives and the Panel's findings with regard to
the issues related to the IRFA. The SBAR Panel Report
must be included in the rulemaking record.
EPA has completed 34 SBAR Panels to date. Well over
500 small business, small community and small non-
profit representatives have advised the SBAR Panels and
over 300 recommendations have been made by SBAR
Panels to address the particular concerns of regulated
small entities. Each SBAR Panel Report has included
concrete recommendations to the Administrator with
positive outcomes for the Agency and regulated small
entities.
For a complete list of rules developed with SBAR Panels
and for SBAR Panel Reports, go to www.epa.gov/sbrefa/
documents.htm#panel.
SBAR Panel Highlight
SBAR Panel Recommends Flexibilities for
Small Businesses in Planned Pesticide
Regulations
EPA plans to issue two sets of proposed regulation
amendments in 2010 that will affect small businesses:
the Worker Protection Standard for Agricultural
Pesticides, which includes requirements for employers
on farms, forests, nurseries and greenhouses to
protect their employees from pesticides, and
the Certification of Pesticide Applicators, which
regulates the certification of applicators of Restricted
Use Pesticides, both in and out of agriculture.
Rather than waiting until regulatory proposals were fully
developed, EPA chose to conduct a SBAR Panel early in
the regulation development process. Who better to ask
about the best way to craft requirements to minimize
the burden to small businesses, than the small business
owners themselves? And what better time to ask for
their advice, than early in the regulation development,
to inform the decisions on proposed regulatory
requirements before they are initially made?
EPA consulted with a set of 21 Small Entity
Representatives (SERs) regarding the effects of both
regulations. The representatives were selected to
represent small businesses in the diverse types of
industries to be affected, as well as a number of
geographic areas of the nation.
The SBAR Panel met with the SERs by conference call
on June 30 and September 25, 2008. The SERs provided
detailed feedback on requirements under consideration
and ways to reduce the effects on small businesses. After
consideration of the SERs' input, the Panel provided
recommendations for specific small business flexibilities.
The SBAR Panel report and an analysis of the effects on
small businesses will be available in the public docket
when the proposed rules are published.
The SBAR Panel asked that in the proposed rule
EPA solicit comment from the public specifically
on the effects on small businesses, the Panel's
recommendations, and any other flexibilities not
considered. The federal notice-and-comment rulemaking
process provides the opportunity for all small businesses
and the public in general to formally comment on the
proposed requirements when the proposed rule is
published.
EPA encourages small businesses to send detailed
comments on the rules when they are proposed. The
SERs' input to the SBAR Panel will help shape the
proposed regulations, and comments received from
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Small-Biz EPA
small entities on the proposed regulations will be
considered as EPA develops the final rules.
For more information contact Angela Hofmann at 202-
564-0258 or hofmann.angela@epa.gov.
Small Entity Compliance Guides
When the Agency is required to prepare a regulatory
flexibility analysis for a final rule, SBREFA section 212 as
amended by Pub. L. Number 110-28 also requires the
Agency to:
Prepare and publish one or more documents
regarding such a rule or group of rules as small entity
compliance guides and specifically "entitle such
publications as small entity compliance guides;"
Explain in the compliance guide actions that a small
entity must take to comply with a rule or group of
rules;
Distribute the guides to small entities through
"comprehensive sources of information;"
Post the guide in an easily identified location on the
Web site of the agency and publish each guide -"on
the same day as the date of publication of the final
rule (or as soon as possible after that date;" and "not
later than the date on which the requirements of that
rule become effective;" and
Report annually on the agency's compliance.
For a list of final rules (for which a final regulatory
flexibility analysis was prepared) with completed
compliance guides, go to http://yosemite.epa.gov/opei/
Sbrefa.nsf/SECGPO?OpenView&Count=300
Regulatory Highlights
Implementation of EPA's Lead Renovation,
Repair and Painting Requirements
Common renovation activities like sanding, cutting, and
demolition can create hazardous lead dust and chips by
disturbing lead-based paint, which can be harmful to
adults and children.
To protect against this risk, in April, 2008, EPA issued
a rule requiring the use of lead-safe practices and
other actions aimed at preventing lead poisoning.
Under the rule, beginning in April 2010, contractors
performing renovation, repair and painting projects that
disturb lead-based paint in homes, child care facilities,
and schools built before 1978 must be certified and
must follow specific work practices to prevent lead
contamination.
The rule affects paid renovators who work in pre-1978
housing and child-occupied facilities, including:
Renovation contractors
Maintenance workers in multi-family housing
Painters and other specialty trades.
To learn more about the rule go to 73 FR 21692 (April 22,
2008) at www.epa.gov/fedrgstr/EPA-TOX/2008/April/
Day-227t8141.pdf
Read about how to comply with EPA's rule in EPA's Small
Entity Compliance Guide to Renovate Right at www.epa.
gov/lead/pubs/sbcomplianceguide.pdf
For more information, please refer to EPA's Lead Web
site, at www.epa.gov/lead.
EPA Makes 2006 IUR Public Database
Available
On December 30, 2008, EPA's Office of Pollution
Prevention and Toxics (OPPT) posted the 2006 Inventory
Update Rule (IUR) Public Database, available at www.
epa.gov/iur. During the 2006 IUR submission period,
companies provided manufacturing, processing, and
use information for certain chemical substances listed
on the Toxic Substances Control Act (TSCA) Chemical
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Small-Biz EPA
Substance Inventory. The updated IUR Web site includes
the following:
2006 Inventory Update Reporting: Data Summary:
This report provides an overview of the 2006 IUR data,
which consists of chemical manufacturing, processing,
and use information representing the 2005 calendar
year.
2006 IUR Public Database: The Web site also
contains a searchable and downloadable database of
information from the 2006 IUR. Users can search non-
confidential records either by chemical name or CAS
Registry Number, or by company.
EPA plans to release additional summary data in the near
future.
For more information contact Susan Sharkey (sharkey.
susan@epa.gov) or Chenise Farquharson (farquharson.
chenise@epa.gov).
EPA's Proposed Rule for Electronic
Reporting Under the Toxic Substances
Control Act (TSCA)
If you are a small business in the chemical industry that
makes submissions to EPA under section 5 of TSCA, EPA
has proposed procedures that will enable you to make
your submissions electronically. EPA's Office of Pollution
Prevention and Toxics (OPPT) published a proposed
rule for Premanufacture and Significant New Use
Notification Electronic Reporting in the Federal Register
(73 FR 78261) on December 22, 2008. When finalized,
the proposed rule would amend TSCA regulations
by mandating use of the new electronic reporting
software. You may test the new electronic reporting
software ("ePMN software") by logging on to EPA's new
chemicals homepage at www.epa.gov/newchems.
A demonstration of how to use the software is also
available on the homepage.
The new reporting mechanism would streamline and
reduce the administrative costs and burdens of TSCA
section 5 chemical reporting for both industry and EPA.
The ePMN software and guidance materials are available
free of charge from the agency at www.epa.gov/
oppt/newchems or can be requested on CD. Guidance
documents developed by EPA for TSCA section 8(a)
Inventory Update Rule (IUR) reporting also provides
useful background information on reporting via CDX and
are available at www.epa.gov/oppt/iur/pubs/factsheet.
pdf and www.epa.gov/oppt/iur/pubs/cdx_qanda.pdf.
For information contact Loraine Passe at 202 564-9064
or (passe.loraine@epa.gov) or Anna Coutlakis at 202
564-9207 or (coutlakis.anna@epa.gov).
Small Business Regulatory Review and
Reform Initiative (r3)
The Office of Advocacy's Regulatory Review and Reform
Initiative, or r3, is designed to identify and address
existing federal regulations that should be revised
because they are ineffective, duplicative, or out of date.
r3 is a tool for small business stakeholders to suggest
needed reforms. r3 includes the process under Section
610 of the Regulatory Flexibility Act for agencies to
consider whether their current regulations are still
needed, and the degree to which technology, economic
conditions, or other factors have changed since their
rules were first promulgated. r3 also includes a process
by which interested stakeholders can nominate existing
regulations for reform, and monitor the progress that
agencies make toward achieving those reforms.
After significant review and analysis of the 38
nominations received, the Acting Chief Counsel for
Advocacy selected the following nominations as the
2009 Top 10 rules for review and potential reform.*
*This list contains two new nominations for 2009 and eight
nominations from 2008. In 2009, Advocacy added two nominations
to the current Top 10 list, replacing two rules already reviewed or
reformed by federal agencies.
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New for 2009
Remove the "Foreign Exemption" from Federal
Contracting
Federal Acquisition Regulation Council (FAR)
FAR should remove the "foreign exemption" from
federal procurement policy, increasing federal
agencies' incentive to award government contracts to
small and disadvantaged businesses seeking to work
outside of the U.S.
Eliminate Duplicative Background Checks for
Commercial Truck Drivers
Transportation Security Administration (TSA)
ISA should eliminate the current requirement that
a commercial truck driver who holds a valid TWIC
must undergo a duplicative security background
check when they apply for a hazardous materials
endorsement.
Nominated in 2008
Update Air Monitoring Rules for Dry Cleaners to
Reflect Current Technology
Environmental Protection Agency (EPA)
EPA should revise outdated or inaccurate testing
requirements so that modern dry cleaners can have a
valid method for demonstrating compliance.
Flexibility for Community Drinking Water Systems
Environmental Protection Agency
EPA should consider expanding the ways for small
communities to qualify to meet alternative drinking
water standards, provided that the alternative
standards are protective of human health and are
approved by state authorities.
EPA Should Clearly Define "Oil" in its Oil Spill Rules
Environmental Protection Agency
EPA should clarify the definition of "oil" in its oil
spill program, so that small facilities that store
nonpetroleum-based products are not unintentionally
captured by spill program requirements..
Eliminate Duplicative Financial Requirements for
Architect-Engineering Services Firms in Government
Contracting
Federal Acquisition Regulation Council (FAR Council)
The duplicative retainage requirement should be
removed or reduced in architect-engineering services
contracts, as has been done for other services.
Simplify the Home Office Business Deduction
Internal Revenue Service (IRS), U.S. Department of
the Treasury
The IRS should revise their rules to permit a standard
deduction for home-based businesses, which
constitute 53 percent of all small businesses.
Update MSHA Rules on the Use of Explosives in
Mines to Reflect Modern Industry Standards
Mine Safety and Health Administration (MSHA), U.S.
Department of Labor
MSHA should update its current rules to be consistent
with modern mining industry explosives standards.
Update OSHA's Medical / Laboratory Worker Rule
Occupational Safety and Health Administration
(OSHA), U.S. Department of Labor
The current rule should be reviewed to determine
whether it can be made more flexible in situations
where workers do not have potential exposure to
bloodborne pathogens.
Update Reverse Auction Techniques for Online
Procurement of Commercial Items
Office of Federal Procurement Policy (OFPP), Office
of Management and Budget
The current reverse auction techniques should be
reviewed to determine whether a government-wide
rule is necessary to create a more consistent and
predictable online process.
For more information on these rules, go to www.sba.
gov/advo/r3/r3_nominations09.html#10 or contact
advocacy@sba.gov or 202-205-6533.
April 2009 First Edition
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Small-Biz EPA
Did You Know?
Action Initiation Lists
Each month, EPA posts summaries, proposed publication
dates, contacts, and other information about recently
initiated rules, giving the public early notice of upcoming
regulatory actions. These Action Initiation Lists augment
EPA's Semiannual Regulatory Agendas, which provide
the public with updates every six months. To view a
list of actions initiated by month, go to www.epa.gov/
lawsregs/search/ail.html.
On-Line Rule Development Brochure and
Regulatory Map
The general process by which EPA creates new
regulations, including commencement, options selection,
and receiving public comments is outlined in an on-
line brochure: www.epa.gov/lawsregs/brochure/
developing.html.
A Regulatory Map is also available on the general steps
of regulatory development. To view the Regulatory
Map, go to www.reginfo.gov/public/reginfo/Regmap/
regmap.pdf.
For more information, contact the Regulatory
Management Division at 202 564-5480.
Regulations.gov
Regulations.gov is the Federal government's one stop
site to comment on Federal regulations. It serves as EPA's
clearinghouse for materials related to EPA rulemakings
and is EPA's official on-line comment system. To browse,
go to www.regulations.gov.
On regulations.gov, you can also sign up for e-mail
notifications so you can be alerted when a document
(e.g., a proposed rule or a meeting notice) is added to a
docket. All of EPA's rules have a docket on Regulations.
gov.
Federal Register
You can browse EPA's Federal Register Environmental
Documents site to search for Federal Register (FR)
publications related to environmental protection. Every
April 2009 First Edition
proposed environmental regulation that has been
published in the FR typically contains instructions about
how to submit comments to EPA. Look for a section
called "ADDRESSES" in a rule's Preamble. To browse EPA's
FR go to www.epa.gov/fedrgstr/index.html.
Subscribe to EPA's Federal Register (FR) Listserv to
receive daily e-mail alerts about new FR publications
regarding any of 12 environmental topics (www.epa.
gov/fedrgstr/subscribe.htm).
Asbestos and Small Business Ombudsman
Hotline
The ASBO operates a toll-free hotline for the
convenience of small businesses, trade associations and
others seeking free, confidential help. A member of the
ASBO staff will answer calls between 8:30 a.m. and 4:30
p.m. EST. The toll-free hotline number is: (800) 368-5888.
EPA Hotlines and Clearinghouse Resources
For an alphabetical list of the hotline clearinghouses, go
to www.epa.gov/epahome/hotline.htm
Small Business Administration Report on
the Regulatory Flexibility Act FY 2008
Advocacy saved American small businesses $10.7 billion
in foregone regulatory costs in fiscal year 2008, by
helping federal agencies comply with the Regulatory
Flexibility Act (RFA). To view the Report, go to www.sba.
gov/advo/laws/flex/08regflx.pdf
Office of AdvocacyFrequently Asked
Questions
The SBA's Office of Advocacy has developed a Frequently
Asked Questions document which answers questions
such as: What is a small business?, How important are
small businesses to the U.S. economy?, How many new
jobs do small firms create?, What is small firms' share of
employment?, How many small businesses are there?;
How many businesses open and close each year? ; What
is the survival rate for new firms?... and more. To view
the Frequently Asked Questions document, go to www.
sba.gov/advo/stats/sbfaq.pdf
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f ^m TEXAS COMMISSION ON ENVIRONMENTAL QUALITY
i Small Business and Local Government Assistance Section
Fiscal Year 2008 Summary
The Texas Commission on Environmental Quality (TCEQ) offers assistance through its Small
Business and Local Government Assistance (SBLGA) program to help small businesses and
local governments comply with environmental rules. The program is designed to give
confidential technical assistance on air, water, waste, and pollution prevention issues without the
threat of enforcement. In fiscal year 2008, the SBLGA assisted more than 7,950 customers via
the hotline, on-site, e-mail or walk-in, created or updated 28 publications, presented compliance
material to over 4,600 customers at 82 outreach events, and sent over 16,800 rule updates and
regulatory announcements to customers via the GovDelivery e-mail system.
Ongoing Programs
Compliance Commitment (C2) Program
The TCEQ's site visit program offers free, confidential, on-site, compliance assessments
of facilities that are owned or operated by local governments, independently owned and
operated businesses, and independent school districts. Those who successfully
participate in the program receive a Compliance Commitment (C2) certificate and can
earn a one-year exemption from routine investigations. In fiscal year 2008, the TCEQ
conducted 335 site visits and issued 84 C2 certificates. For more information on this
program, visit the Small Business and Local Government Assistance section of the
TCEQ's Web site at www.sblga.info.
EnviroMentor Program
The purpose of the TCEQ's EnviroMentor program is to provide small businesses and
local governments with access to professional services that they normally could not
afford. These qualified professionals, with technical or legal expertise on environmental
issues, volunteer to help small businesses comply with state environmental rules. In
fiscal year 2008, the TCEQ matched 65 customers with an EnviroMentor. Visit the
Small Business and Local Government Assistance section of the TCEQ's Web site at
www.sblga.info for more information on the benefits and qualifications for participating
in this program.
Special Projects
Dry Cleaner Project
The overall goal of the dry cleaner project was to increase compliance among small dry
cleaning facilities with the requirements of the Dry Cleaner Remediation Program
(DCRP), Maximum Achievable Control Technology (MACT) standard changes and other
applicable environmental regulations through education, outreach and direct technical
assistance. In fiscal year 2008, the SBLGA distributed 3,200 postcards to remind
facilities to complete their annual registrations, held workshops in Houston and Dallas in
order to educate attendees on compliance requirements, and prepared educational
materials in order to encourage compliance with MACT standard changes. These
materials included 1,300 compliance alert postcards, an article in the SBLGA's quarterly
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newsletter, The Advocate (PD-006), a compliance certification form, and a frequently
asked questions document. Visit www.tceq.state.tx.us/assistance/sblga/txdrycln.html for
additional dry cleaning compliance resources.
Petroleum Storage Tank Project
The goal of the project was to reduce the number of Petroleum Storage Tank (PST)
facilities going through the TCEQ enforcement process, by bringing the facilities into
voluntary compliance through advocacy, education, and compliance assistance. In fiscal
year 2008, the SBLGA conducted 5 workshops throughout the state. In addition, SBLGA
conducted outreach to facilities dispensing more than 10,000 gallons of gasoline per
month and located in Ellis, Johnson, Kaufman, Parker, or Rockwall County that were
required to have Stage I equipment installed no later than June 15, 2007. Compliance
resources for PST facilities, operating in the state of Texas, can be found on the Web at
www. tceq.state. tx. us/assistance/sblga/pst.html.
Public Water Supply - Unidentified Systems Project
The goal of this project was to locate all potential unidentified public water systems in
the West Texas area (Region 1, 2, 3, 7, and 8) and the Corpus Christi area (Region 14).
In fiscal year 2008, 230 potential public water systems were identified and contacted in
the West Texas area. Of these, 181 systems were operating under another system's
authority, 32 did not meet the definition of a public water supply, 11 requested assistance
and one was uncooperative. In the Corpus Christi area, 52 systems were contacted, five
requested assistance, and one system was uncooperative. For rules, drought planning
guidance, and other compliance tools relating to operating a PWS, visit
www.tceq.state.tx.us/assistance/sblga/pws.html.
State Air Project
The goal of the state air project was to improve air quality through grant programs and
compliance assistance. This was accomplished through outreach and technical assistance
on the AirCheck Texas program, the State Implementation Plan (SIP) and Minor Sources
of Nitrogen Oxides (NOX), the Texas Emissions Reduction Plan (TERP), the Texas Clean
School Bus Program, and the National Emission Standards for Hazardous Air Pollutants
(NESHAP).
AirCheck Texas Program
AirCheck Texas focuses on repair and replacement of older vehicles, or those not passing
tail pipe emission tests in ozone non-attainment areas. In fiscal year 2008, the SBLGA
mailed 398 letters to the auto salvage industry, inviting them to participate in the program.
Additional information regarding this program can be found at
www.tceq.state.tx.us/implementation/air/mobilesource/vim/lirap.html.
State Implementation Plan (SIP) and Minor Sources of Nitrogen Oxides (NOX)
A State Implementation Plan (SIP) is an enforceable plan that explains how the state will
comply with air quality standards according to the federal Clean Air Act. Rules that are
intended to reduce emissions of Nitrogen Oxides are part of the SIP. The rules apply to
sources in the Dallas-Fort Worth and Houston-Galveston-Brazoria areas at sites that are
considered minor sources of NOX. In fiscal year 2008, the SBLGA developed 17
guidance documents and 3,441 compliance alert postcards to assist small businesses and
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schools impacted by rule changes involving minor sources of NOX. For more information
on Texas' State Implementation Plan visit www.tceq.state.tx.us/nav/eq/sip.html.
Texas Emission Reduction Plan (TERP)
The Texas Emissions Reduction Plan (TERP) includes a number of voluntary financial
incentive programs, as well as other assistance programs, to help improve the air quality
by replacing or retrofiting engines in on-road and non-road heavy equipment to reduce
Nitrogen Oxide Emissions (NOx) in nonattainment and near nonattainment areas of the
state. In fiscal year 2008, the SBLGA conducted 7 TERP-related outreach events and
assisted 85 customers with their TERP grant applications. Additional information on
TERP incentives can be found on the TCEQ's Web site at
www.tceq.state.tx.us/implementation/air/terp/.
Texas Clean School Bus Program
The Texas Legislature authorized the TCEQ to launch and administer a clean school bus
program to improve the health of school children and bus drivers by reducing emissions
of diesel exhaust from school buses. The Texas Clean School Bus Program offers
funding and resources to Texas schools for upgrades that reduce the emissions of diesel
exhaust from their school-bus fleets. In fiscal year 2008, the SBLGA assisted with
outreach to independent school districts (ISD) seeking particulate matter filter retrofits
and replacements. For additional information on this program visit the TCEQ's Web site
at www.tceq.state.tx.us/nav/pollution/school_buses.html.
National Emission Standards for Hazardous Air Pollutants (NESHAP)
On January 9, 2008, the EPA published its final rule for 40 CFR Part 63, Subpart
HHHHHH National Emissions Standards for Hazardous Air Pollutants (NESHAP): Paint
Stripping and Miscellaneous Surface Coating Operations at Area Sources. In fiscal year
2008, the SBLGA provided outreach to small businesses, such as auto body refinishing,
paint striping, and general surface coating facilities impacted by the new area source rules.
This included mailing over 7,792 letters and participating in two outreach events. For
more information, visit the Small Business and Local Government Assistance section of
the TCEQ's Web site at www.sblga.info.
Storm Water Project
The goal of the SBLGA's storm water project was to increase compliance with storm
water permitting requirements associated with the multi-sector general permit, the
construction general permit, and the small regulated Municipal Separate Storm Sewer
System (MS4) general permit. In fiscal year 2008, the SBLGA participated in 41
speaking engagements and workshops throughout the state and developed a variety of
tools to assist the regulated community in attaining compliance with the storm water
permit requirements. To view compliance resources for storm water visit
www.tceq.state.tx.us/assistance/sblga/sw.html.
Wastewater Outreach Project
The goal of this project was to increase compliance rates among small wastewater
treatment facilities with a focus on small systems discharging to impaired water bodies.
In addition to increasing compliance rates, this project has also been designed to increase
the number of facilities applying for permit renewals within the required timeframes. In
fiscal year 2008, the SBLGA reached 451 customers by conducting seven wastewater
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record-keeping and reporting workshops. The program contacted 458 facilities via
telephone and postcard to notify them of their permit renewal deadline. In addition, the
SBLGA also developed and/or revised a Due Dates and Monitoring Tip Sheet for TPDES
Domestic Wastewater Permittees (RG-448) and the Discharge Monitoring Report (DMR)
Address and Signatory Authority Form (TCEQ Form-20431) that are available for
download from the TCEQ Web site. Additional compliance resources for wastewater
treatment plants can be found at www.tceq.state.tx.us/assistance/sblga/wastewater.html.
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