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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 2022

Policy & Regulation | Key Dates & Upcoming Opportunities | Ask SBEAP |

Policv & Regulation

Proposed Reconsideration of Fugitive Emissions Permitting Rule

Ori September 7, 2022, EPA Administrator Regan signed a ruie proposing revisions to the Ciean Air
Act's New Source Review (NSR) permitting regulations. This action would require facility
owners/operators of all existing industrial facilities considered "major sources" to include "fugitive"
emissions of air pollutants when determining whether a physical or operational change at their facility is
a "major modification" which would need a major NSR permit before starting construction. The permit
would include required emission control measures to ensure that changes at the facility would not
degrade air quality. "Fugitive emissions" are emissions that could not reasonably pass through a stack,
chimney, vent, or similar opening. EPA has reconsidered a 2008 rule requiring only certain types of
industrial source categories to include fugitive emissions when determining whether a change is a
major modification. EPA is proposing to fuily repeal the 2008 ruie by removing certain remaining
stayed provisions of the regulations adopted in 2008. EPA also is proposing to remove a related
exemption for modifications that would be considered major solely due to the inclusion of fugitive
emissions.

As a result of the proposed changes, all existing major stationary sources would be required to include
fugitive emissions in determining whether a project is a major modification. These changes would more
effectively carry out the purposes of the NSR program to preserve and/or improve air quality and will
provide greater clarity to all stakeholders. EPA will accept comment on this proposal for 60 days after
the notice is published in the Federal Register. A pre-publication version of the notice, along with a
summary fact sheet are available at: https://www.epa.aov/nsr/proposed-reconsideration-fuqitive-
emissions-rule.

EPA Proposes to Stop Authorized Use of Certain PFAS in Pesticide Products

EPA is proposing to remove 12 chemicals identified as per- and polyfluoroalkyl substances (PFAS) from
the current list of inert ingredients approved for use in pesticide products to better protect human
health and the environment. Under the PFAS Strategic Roadmap, EPA committed to taking a renewed
look at previous PFAS decisions, and, as part of this review, undertook a thorough review of its list of
chemical substances that have been approved for use as inert ingredients in pesticide products. EPA
then used its authority to take quick action on PFAS inert ingredients not currently used in registered


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pesticide products. Upon publication of the Federal Register notice, EPA will accept public comments
on this proposal for 30 days in docket EPA-HQ-OPP-0542 at www.reaulations.gov.

If removed from the list, any proposed future use of these chemicals as inert ingredients will need to be
supported by data which may include studies to evaluate potential carcinogenicity, adverse
reproductive effects, developmental toxicity, genotoxicity as well as data on environmental effects.

Read the press release

EPA Releases Final Determinations of Attainment Status for Air Quality Standards
for Smog

On September 16, 2022, EPA announced the final determinations for whether certain areas have met
the 2008 or 2015 National Ambient Air Quality Standards (NAAQS) for ground-level ozone, as required
by the Clean Air Act. EPA is finalizing determinations regarding the air quality progress of six
nonattainment areas classified as "Serious" for the 2008 ozone NAAQS, and for 28 nonattainment
areas classified as "Marginal" for the 2015 ozone NAAQS. These final rules establish new timeframes
and next steps states must take to improve ozone air quality in remaining nonattainment areas. EPA's
final decisions are based on a scientific evaluation of certified, publicly-available air quality monitoring
data for the years 2018 - 2020.

Under the Clean Air Act, EPA must ensure that smog-affected areas meet health-based air quality
standards for ozone as quickly as possible. For areas being reclassified - for example, from "Marginal"
to "Moderate" or from "Serious" to "Severe" - the Clean Air Act requires that states implement
additional measures to protect public health and to submit new plans to demonstrate how the area will
attain as quickly as possible. Additionally, many areas across the country have had success with
localized tools and approaches to improve ozone air quality. EPA will continue to work collaboratively
with its state partners to ensure these measures are implemented to protect clean air for all
communities. Read the full press release

Key Dates and Upcoming Opportunities

Biden-Harris Administration Announces up to $169 Million in Brownfields Grants
Now Available to Applicants

On September 12, 2022, EPA announced that approximately $169 million in funding is available for
Brownfields Multipurpose, Assessment, Revolving Loan Fund, and Cleanup Grants under the Fiscal Year
2023 grant competitions. This funding, which is boosted by the Bipartisan Infrastructure Law, represents a
significant investment in overburdened and underserved communities.

Applications are due by November 22, 2022, via

EPA, Commission for Environmental Cooperation announce $2 Million EJ4Climate
Grant Program

On September 20, 2022, EPA joined the Commission for Environmental Cooperation (CEC) of North
America to announce that the $2 million Environmental Justice for

Climate (EJ4Climate) grant program is now open for applications. This cycle of EJ4Climate grants will
focus on projects in Canada, Mexico, and the United States that integrate community-led environmental


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education in support of environmental justice and community resilience to climate-related impacts, with
up to C$200,000 in grant funding available for recipients.

Proposals are due by November 11, 2022, with the implementation for selected projects to begin in

Learn more about the EJ4Climate program Read the press release

Ask SBEAP

Dear SBEAP,

I am a small manufacturer and am concerned that my processes may be subject to new regulatory
requirements. Is there a way to know what regulations the EPA is in the process of developing?

Sincerely,

Mr. Fedrick Rooley

Dear Mr. Rooley,

Great question! The short answer to your question is "yes!" The Unified Agenda of Regulatory and
Deregulatory Actions, or Agenda, reports on the actions administrative agencies plan to issue in the
near and long term. In other words, the Unified Agenda provides information about regulations that
the Government is considering or reviewing. Released by the Office of Information and Regulatory
Affairs, or OIRA, the Agenda provides important public notice and transparency about proposed
regulatory and deregulatory actions within the executive branch. The complete Unified Agenda is
available to the public at http://reqinfo.gov/. The online Unified Agenda offers user-friendly, flexible
search tools and a vast historical database. You can select your agency as "Environmental Protection
Agency" and submit your query to view active regulatory actions relevant to EPA.

Each entry in the Unified Agenda is associated with one of five rulemaking stages. The rulemaking
stages are Pre-rule Stage, Proposed Rule Stage, Final Rule Stage, Long-Term Actions and Completed
Actions. Some agencies provide the following optional information including RIN Information URL,
Public Comment URL, Compliance cost to the Public, RIN Data Printed in the FR, Related RINs,
Affected Sectors, Energy Effects, Agency Contact etc. depending on the information they wish to
include. If you are a business owner and want to know about any proposed rule that might affect you,
contact your state Small Business Environmental Assistance Program, or SBEAP, to learn more.
SBEAPs can help you identify both federal and state regulations.

Spotlight

EPA Launches New National Office Dedicated to Advancing Environmental Justice
and Civil Rights

On September 24,2022, EPA announced that it is establishing a new national office charged with
advancing environmental justice and civil rights. The creation of the new Office of Environmental Justice
and External Civil Rights delivers on President Biden's commitment to elevate these critical issues to


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the highest levels of the government and solidifies the agency's commitment to delivering justice and
equity for all.

The new office will dedicate more than 200 EPA staff in EPA headquarters and across 10 regions
towards solving environmental challenges in communities that have been underserved for far too long.
These staff will engage with communities with environmental justice concerns to understand their
needs, as well as Tribal, state, and local partners; manage and disburse historic levels of grants and
technical assistance; work with other EPA offices to incorporate environmental justice into the agency's
programs, policies, and processes, as allowed by law; and ensure EPA funding recipients comply with
applicable civil rights laws. The office will be led by a U.S. Senate-confirmed Assistant Administrator, to
be announced at a later date.

The new office will oversee the implementation and delivery of a $3 billion climate and environmental
justice block grant program created by the Inflation Reduction Act, a critical component of the law's
historic $60 billion investment in environmental justice. The office also will ensure EPA's implementation
of other funding programs provided by the Inflation Reduction Act, Bipartisan Infrastructure Law, and
regular appropriations meet or exceed the President's Justice40 Initiative.

Read the full press release

EPA Launches Updates to Environmental Justice Mapping Tool EJScreen

The U.S. Environmental Protection Agency (EPA) has updated and added new capabilities to EJScreen,
the Agency's public environmental justice (EJ) screening and mapping tool. EJScreen combines
environmental and socioeconomic information to identify areas overburdened by pollution. EJScreen
2.1 includes the addition of new data on US territories, threshold maps which provides a cumulative
outlook, and supplemental indexes providing additional socioeconomic information.

Read more

nformation on EJScreen 2.1.

EPA Honors 17 Home Builders and Raters for Providing Healthier Indoor Air

EPA is celebrating 11 home builders and six home raters with the 2022 Indoor airPLUS Leader
Awards. These annual awards recognize market-leading organizations who champion safer, healthier,
and more comfortable indoor environments through participation in and promotion of the B

offering enhanced indoor air quality protections to new home buyers. In addition to
the Leader Awards, EPA has selected two Indoor airPLUS partners to receive the Leader of the Year
Award for their outstanding commitment and program performance. The 2022 Leaders of the Year
are Fulton Homes in the Builder category and Integral Building + Design in the Rater category.

EPA Compliance Advisories and Enforcement Alerts

Check out EPA's Compliance Advisories and Enforcement Alerts, which highlight select provisions of
EPA regulatory requirements using plain language issued by the Office of Enforcement and
Compliance Assurance since September 2019. The most recent alert from September 2022 is focused

on thelglEmBllgBii

ance Associated with Chanaes in Source Water at Public Water Svstems

To review this year's alerts and others from years past go to:

ov/enforcement/comDliance-advisories-and-enforcement-alerts


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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.aov

Website: epa.qov/resources-small-businesses/asbo


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