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SmallBiz@EPA
EPA's Asbestos and Small Business Ombudsman Program
A monthly newsletter for the regulated small business community
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October 2020
Policy & Regulation 1 Key Dates & Upcoming Opportunities 1 Ask SBEAP |
Policy & Requlation
Reclassification of Major Sources as Area Sources Under Section 112 of the Clean
Air Act
On October 1, 2020, the EPA Administrator signed a final rule that will allow a major source of
hazardous air pollutants (HAP) to reclassify as an area source at any time after taking steps to limit
emissions. This final action amends the National Emission Standards for Hazardous Air Pollutants
(NESHAP) General Provisions to provide sources that reduce emissions and potential to emit to below
the major source thresholds (MST) the flexibility to reclassify as an area source. This rule also finalizes
amendments to clarify the compliance dates, notification, and recordkeeping requirements that apply to
sources choosing to reclassify to area source status and to sources that revert to major source status,
including a requirement for electronic notification.
According to the Final Rule Fact Sheet, this action implements EPA's current reading of the CAA
discussed in the Agency's January 2018 guidance memorandum, "Reclassification of Major Sources as
Area Sources Under Section 112 of the Clean Air Act." The 2018 guidance withdrew the Agency's
1995 "Once In, Always In" (OIAI) policy, which stated that any facility subject to NESHAP as a major
source would always remain subject to those standards unless the source reduced its potential to emit
(PTE) below the MST before the first substantive compliance date. A pre-publication version of the
notice, summary fact sheet and supporting information are available at: https://www.epa.qov/stationarv-
sources-air-oollution/reclassification-maior-sources-area-sources-under-section-112-clean
EPA Finalizes First Ever Rule to Promote Transparency in Developing Regulatory
Guidance Documents
On September 14, 2020 at a speech in front of the Federalist Society, U.S. Environmental Protection
Agency (EPA) Andrew Wheeler announced the final rule to establish consistent requirements and
procedures for the issuance of guidance documents. The final rule follows the direction of President
Trump's Executive Order to promote transparency through improved agency guidance practices
throughout the federal government.
"Today's action is perhaps the biggest change in administrative procedures in a generation and one of
the five pillars of EPA reform under President Trump," said EPA Administrator Andrew Wheeler. "This

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historic rule guarantees the transparency the public deserves when engaging with the Agency. This is a
massive step forward for EPA bringing these legal documents into the light."
The final rule will significantly increase the transparency of EPA's guidance practices and will improve
the Agency's process for managing guidance documents. The rule, among other elements, will:
•	Establish the first formal petition process for the public to request that EPA modify, withdraw or
reinstate a guidance document.
•	Ensure that the Agency's guidance documents are developed with appropriate review and are
accessible to the public.
•	Allow public participation in the development of significant guidance documents.
On October 9, 2019, President Trump issued Executive Order 13891, Promoting the Rule of Law
Through Improved Agency Guidance Documents, to promote transparency by ensuring that all active
guidance documents are made available to the public. A central principle of EO 13891 is that guidance
documents should only clarify existing obligations and that they should not be a vehicle for
implementing new, binding requirements on American businesses.
Prior to this recent action, on July 28, 2020, EPA finalized a guidance portal that provides public access
to Agency guidance documents. In doing so, EPA brought over 9,000 guidance documents out of the
darkness and made the entire set of active guidance available to the public for the first time. To access
the portal, please visit: https://www.epa.qov/quidance.
For additional information on the rule, please visit: https://www.epa.gov/laws-requlations/epa-quidance-
administrative-procedures-issuance-and-public-petitions.
EPA at 50: Disaster Recovery and Mitigation Efforts Help Communities Build Back
More Resiliently
During the week of September 28, 2020, as part of its 50th anniversary commemoration, EPA's Office
of Homeland Security highlighted the Agency's efforts to recover from and mitigate against natural and
manmade disasters. The Agency provides mitigation and recovery support to state, local, territorial, and
tribal partners when needed, through a number of headquarter and regional programs and under its
National Oil and Hazardous Substances Contingency Plan (NCP) authority and responsibilities.
"The goal of our program is to build long-term resilience to disasters by applying EPA's expertise and
streamline federal action to support communities with both pre-disaster planning and promoting
sustainable and resilient rebuilding after disasters," said EPA Office of Homeland Security Associate
Administrator Ted Stanich. "With the right planning and community engagement, our mitigation and
recovery investments have the potential not only to strengthen resilience to disasters, but also to
protect human health and the environment."
EPA and FEMA have two Memoranda of Understanding (MOUs) that guide the help we provide both
before and after disasters. One is to help communities hit by disasters rebuild in ways that protect the
environment, create long-term economic prosperity, and enhance neighborhoods. The second
establishes a framework for the EPA funded Clean Water SRF and Drinking Water SRF programs to
streamline coordination between FEMA and the SRFs to enable funding to support essential
infrastructure projects to be made available as quickly as possible.
The Agency focuses on linking environmental and human health within disaster mitigation and recovery
by:

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•	Assisting federal, tribal, state, and local partners to develop better plans before disasters.
•	Assessing and if necessary, responding to waste management and cleanup sites.
•	Informing communities about rebuilding.
•	Collaborating with other agencies to streamline federal oversight related to permitting, review,
and/or enforcement requirements.
•	Partnering with environmental justice communities to ensure meaningful engagement in recovery
operations and planning.
•	Assessing drinking water and wastewater facilities to determine operational status and
environmental impacts and then provide funding for repairs through our State Revolving Loan
Fund (SRF) program.
•	Providing analytical support, technical and scientific expertise, and tools.
•	Providing funding for issues such as wastewater and drinking water infrastructure; debris
management and planning; and brownfields assessment and project implementation.
Read the full press release. For more information about EPA's homeland security efforts,
visit https://www.epa.gov/homeland-securitv.
EPA Finalizes Power Plant Effluent Limitation Guidelines that Save Money and
Reduce Pollution
On August 31, 2020, EPA announced final revisions to specific effluent guidelines and standards for
"steam electric" power plants. The final rule revises a 2015 Obama-era regulation by leveraging newer,
more affordable pollution control technologies and taking a flexible, phased-in implementation
approach. As a result, the new rule will save the U.S. power sector approximately $140 million annually
while reducing pollution by nearly a million pounds per year over the 2015 rule.
"EPA's revised steam electric effluent guidelines shows President Trump's commitment to advancing
American energy independence and protecting the environment," said EPA Administrator Andrew
Wheeler. "Newer, more affordable pollution control technologies and flexibility on the regulation's
phase-in will reduce pollution and save jobs at the same time."
"President Trump and his Administration understand that protecting our water quality doesn't have to
destroy jobs and raise electric rates" said U.S. Congressman David McKinley (WV-01). "These
revisions to the Steam Electric Effluent Limitation Guidelines will actually reduce more pollution [than]
the Obama-era rule, while reducing compliance costs and allowing for more flexibility. This is just the
latest example of the Trump Administration's commitment to promoting American energy while
protecting public health."
The Agency's final Steam Electric Reconsideration rule revises requirements for two waste streams
from steam electric power plants: flue gas desulfurization (FGD) wastewater and bottom ash (BA)
transport water. Key changes to the 2015 rule include:
•	Changing the technology-basis for treatment of FGD wastewater and BA transport water.
•	Establishing new compliance dates.
•	Revising the voluntary incentives program for FGD wastewater.
•	Adding subcategories for high-flow units, low-utilization units and those that will cease the
combustion of coal by 2028 and finalizing requirements that are tailored to facilities in these
subcategories.
The Agency considered input from a broad variety of stakeholders in developing the final rule and
considered a wide range of data, information, and stakeholder input. The Agency also updated its

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industry profile based on more recent data, conducted a limited information request, and collected
voluntarily provided sampling data. For more information on EPA's final Steam Electric ELG
Reconsideration rule, visit: https://www.epa.qov/eq/2020-steam-electric-reconsideration-rule.
Background
Under the Clean Water Act, EPA establishes regulations that apply to categories of industrial
wastewater dischargers. Known as Effluent Limitations Guidelines and Pretreatment Standards (ELGs),
these regulations are technology-based and protect public health and the environment by limiting
wastewater discharges into surface waters and wastewater treatment plants.
In 2015, EPA issued a rule that established new ELGs for the nation's steam electric power plants. That
rule was subject to legal challenge and the Agency received two petitions for administrative
reconsideration, including one from the U.S. Small Business Administration's Office of Advocacy. In
response, EPA agreed to reconsider the ELGs for two waste streams and undertook a rulemaking that
changed the earliest compliance date in the 2015 rule from Nov. 1, 2018, to Nov. 1, 2020, to allow for
reconsideration of the regulatory provisions.
This press release is available at:
https://www.epa.qov/newsreleases/epa-finalizes-power-plant-effluent-limitation-quidelines-save-monev-
and-reduce
Key Dates and Upcoming Opportunities
Small Business Environmental Roundtable: EPA's Final Risk Evaluations for Cyclic
Aliphatic Bromide Cluster (HBCD), October 16, 2020 10:00 AM -11:00 AM
Roundtable meetings are open to all interested persons, with the exception of the press, in order to
facilitate open and frank discussion about the impacts of Federal regulatory activities on small
entities. Agendas and presentations are available to all, including the press. Anyone who wants to
receive roundtable agendas or presentations, or to be included in the distribution list, should forward
such requests to	The purpose of these Roundtable meetings is to exchange
opinions, facts and information and to obtain the attendees' individual views and opinions regarding
small business concerns. The meetings are not intended to achieve or communicate any consensus
positions of the attendees.
EPA recently published its final risk evaluation for the third of its 10 high-priority chemicals under the
amended Toxic Substances Control Act (TSCA). On June 24, 2020 EPA published a risk evaluation
for , finalizing determinations of unreasonable risk for 6 out of 12 evaluated conditions of
use. EPA found the import, processing, recycling, commercial use, consumer use, and disposal of
HBCD present unreasonable risks to the environment and the use of HBCD in building and construction
materials and exposure through demolition present an unreasonable risk to workers and occupational
non-users. A final determination that a condition of use presents an unreasonable risk of injury to health
or the environment means that the Agency will have to regulate those risks, which can include use-
restrictions or bans, among other options.
EPA is currently in the process of developing ways to address the identified unreasonable risks and has
up to one year to propose and take public comments on any risk management actions. Within this time
frame, the Agency will also have to consider whether any potential regulations for the identified risks
will have a significant economic impact on a substantial number of small entities and if so, the Agency

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will need to convene a small business advocacy review panel to seek advice and recommendations
from representatives of affected small entities on the potential impact of the proposed rule. For this
reason, it is important for small business stakeholders to be informed of the conditions of use that have
been determined to pose an unreasonable risk and the basis for those determinations. At this
roundtable, EPA will be providing an overview of this final risk evaluation, with time for discussion and
questions.
Read the roundtable meetina announcement
EPA Works with States, Tribes, and Communities to Protect Public Health and the
Environment
Throughout its history, EPA has collaborated with external parties to address high priority
environmental and public health challenges. As one of the world's leading environmental and human
health research organizations, EPA provides scientific and technical support to various groups,
including states and tribes. These collaborative efforts have improved EPA's ability to fulfill its mission
across the country.
Working with States to Address Environmental Problems
Today, some of EPA's most critical partnership are with states. State agencies have an on-the-ground
perspective of environmental problems impacting communities, which can help inform EPA of local-
level challenges, such as reducing the risk of exposure to chemicals; cleaning up contaminated sites in
ways that help revitalize local communities; protecting drinking water; keeping the air clean; and
responding to biological, chemical, or radiological events.
Learn more
AskSBEAP
Dear SBEAP,
My uncle operates a small, ready-mixed concrete batch plant in a rural area and has never had to
worry about complying with much more than zoning ordinances. However, he has received a letter
from the state department of environmental quality notifying him an inspector will be coming to talk
about permitting and compliance. What can I tell my uncle to expect?
Rocky Clinker
Dear Rocky:
Your uncle's worries are common among many business owners having a similar experience for the
first time. Each state deals with environmental permitting and compliance in its own way; however,
there are some basic environmental areas (called media) that most ready-mixed concrete (RMC)
facilities impact.
Water - Process wastewater is produced from rinsing off trucks as they leave the facility and
rinsing out the truck barrels as they return. Stormwater that falls on the facility must typically be
addressed as well.
Air - Environmental air issues are typically caused by dust and particulate matter coming from
the movement, mixing and storage of concrete-related materials. RMC facilities using stationary
engines and boilers must also account for the emissions from those sources.
Solid Waste - Solid-waste issues typically arise from improper storage and management of
aggregates, barrel washout solids and batch leftovers.

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Your uncle should be prepared to discuss how his RMC facility identifies and manages these
impacted media. Logistical records, equipment descriptions and material receipts can help him
organize his answers. He could also reach out to an industry trade organization for reassurance that
environmental compliance and running a successful RMC facility can happen together.
In addition to the National SBEAP and EPA hyperlinks in the media identifiers above, the EPA has a
website dedicated to the concrete industry sector located here. And your uncle can always ask his
local SBEAP representative for more specific help than the brief overview given above. To find your
state SBEAP. click on this map. If he needs additional assistance, he can email Ask SBEAP or call us
at 800-578-8898.
Spotlight
Regulatory Navigation Tool: Subpart HHHHHH National Emission Standards for
Hazardous Air Pollutants: Paint Stripping and Miscellaneous Surface Coating
Operations at Area Sources
The new	is now available to help autobody shops determine if they can
be exempt from the ruleM^ffm^^Mg^^^^^HHsBlEEBIaallqhelp owners and operators of facilities
in certain industries determine the requirements of specific air quality regulations. Reg Nav tools
are online and interactive, and use the information entered to assess potential regulatory requirements.
Reg Nav tools do not store or save information, so you must print or save any output that you want to
use or reference. Special thanks to North Carolina's Small Business Ombudsman,, at the
Division of Environmental Assistance and Customer Service for his contribution in delivering this new
tool!
EPA Announces $5 Million in Community-Scale Air Toxics Monitoring Grant
Winners
On September 28, 2020, EPA announced the selection of 11 air toxics monitoring projects to receive $5
million in funding under the Agency's Community-Scale Air Toxics Ambient Monitoring grants program.
These grants will help monitor and provide important information to communities on air toxics, including
ethylene oxide, chloroprene, benzene, 1,3-butadiene, and toxic metals^^^^^^^^^^^^^^S. To
learn more about the Community-Scale Air Toxics Ambient Monitoring grants,
visit:
httDs://www.eDa.qov/amtic/communitv-scale-air-toxics-ambient-monitorinq-csatam
Velazquez, Chabot Introduce Resolution in Honor of National Small Business Week
On September 22, 2020, the House Small Business Committee Chairwoman Nydia M. Velazquez (D-
NY) and Ranking Member Steve Chabot (R-OH) introduced a	to recognize September 22nd to
September 24th as National Small Business Week. The week has been observed annually since 1963 to
commemorate the contributions of small business owners and their more than 60 million employees.
"National Small Business Week is a celebration of America's 30 million-plus small businesses and all
that they do for our communities and economies," said Chairwoman Velazquez. "As we celebrate this
year, small firms across the country face unprecedented challenges, but their entrepreneurial spirit
remains as strong as ever. For more information, visit:
https://smallbusiness.house.qov/news/documentsinqle.aspx?DocumentlD=3435

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Share with the small business community through EPA's SmallBiz@EPA Bulletin
Do you have a story, upcoming event, resource, or information that may be beneficial to the small business
community? Please email us at ASBO@epa.gov to provide a brief submission with a suggested title, your contact
information, and a website link for more information on the topic.
EPA Asbestos and Small Business Ombudsman Program
1200 Pennsylvania Avenue, N.W.
Mail Code: 1230A
Washington, D.C. 20460
Hotline: 800-368-5888
Email: ASBO@epa.gov
Website: epa .gov/resou rces-sma II-bu si nesses/a s bo

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