SmallBiz@EPA

EPA's Asbestos and Small Business Ombudsman Program

A monthly newsletter for the regulated small business community

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February 2022

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

Policy & Regulation

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EPA Takes Key Steps to Protect Groundwater from Coal Ash Contamination

On January 11, 2021, EPA took several actions to protect communities and hold facilities
accountable for controlling and cleaning up the contamination created by decades of coal ash
disposal. Coal combustion residuals (CCR or coal ash), a byproduct of burning coal in coal-fired
power plants, contains contaminants like mercury, cadmium, and arsenic that without proper
management can pollute waterways, groundwater, drinking water, and the air.

The actions advance the Agency's commitment to protecting groundwater from coal ash
contamination and include (1) proposing decisions on requests for extensions to the current
deadline for initiating closure of unlined CCR surface impoundments; (2) putting several facilities on
notice regarding their obligations to comply with CCR regulations and (3) laying out plans for future
regulatory actions to ensure coal ash impoundments meet strong environmental and safety
standards. EPA is committed to working with states to ensure robust protections for communities.
Read the full press release

EPA Requires Reporting on Releases and Other Waste Management of Certain
PFAS, Including PFBS '

On January 24, 2021, as part of the comprehensive Strategic Roadmap to confront the human health
and environmental risks of PFAS, EPA announced the automatic addition of four per- and
polyfluoroalkyl substances (PFAS) to the Toxics Release Inventory (TRI) list.

TRI data are reported to EPA annually by facilities in certain industry sectors, including federal
facilities, that manufacture, process, or otherwise use TRI-listed chemicals above certain quantities.
The data include quantities of such chemicals that were released into the environment or otherwise
managed as waste. Information collected through the TRI allows communities to learn how facilities
in their area are managing listed chemicals. The data collected also help inform EPA's efforts to
better understand the listed substances.

As of January 1, 2022, facilities which are subject to reporting requirements for these chemicals
should start tracking their activities involving these PFAS as required by Section 313 of the


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Emergency Planning and Community Right-to-Know Act. Reporting forms for these PFAS will be due
to EPA by July 1, 2023, for calendar year 2022 data.

EPA continues to act on Administrator Regan's PFAS Strategic Roadmap, announced in October
2021. a plan that delivers on the Agency's mission to protect public health and the environment and
answers the call for action on these persistent and dangerous chemicals. In addition to continuing to
add PFAS to the TRI, EPA also will soon announce a series of PFAS test orders that will require
PFAS manufacturers to provide the Agency with toxicity data and information on PFAS. Read the full

EPA Affirms Building Managers Responsible for Lead-Based Paint Safety
Requirements When Performing Renovations

EPA announced it will proceed on March 21, 2022,, to withdraw previously published answers to two
Frequently Asked Questions (FAQs) concerning property management companies and their
compliance responsibility under the Toxic Substances Control Act (TSCA) and the Lead Renovation
Repair and Painting (RRP) Rule. With the withdrawal of these FAQs, EPA affirms that property
management companies (PMCs) that perform, offer, or claim to perform regulated renovations in
pre-1978 housing or child-occupied facilities are required to obtain certification from the EPA and
ensure that renovations in the homes they manage are performed by certified firms and employees
trained to use lead-safe work practices. Withdrawing the PMC FAQs signals that EPA plans to hold
both the PMCs and the contractors they hire responsible for compliance if the circumstances
indicate that both entities performed or offered to perform renovations for compensation in target
housing or child-occupied facilities. For more information about lead and lead regulations, please
visit epa.qov/lead. Read the full press release.

Clean Air Act Section 112 List of Hazardous Air Pollutant: Amendments to the
List of Hazardous Air Pollutants (HAP)

EPA is amending the list of hazardous air pollutants (HAP) under Clean Air Act (CAA) to add 1 -
bromopropane (1-BP) in response to public petitions previously granted by the EPA. This action
amends the list of hazardous air pollutants initially listed under the CAA. This final rule is effective on
February 4, 2022. Read the Federal Register Notice.

National Emission Standards for Hazardous Air Pollutants: Primary Copper
Smelting Residual Risk and Technology Review and Primary Copper Smelting
Area Source Technology Review

This proposal presents the results of EPA's residual risk and technology review (RTR) for the
National Emission Standards for Hazardous Air Pollutants (NESHAP) for major source Primary
Copper Smelters as required under the Clean Air Act (CAA). Pursuant to the CAA, this action also
presents the results of the technology review for the Primary Copper Smelting area source NESHAP.
EPA is proposing new emissions standards in the major source NESHAP. EPA is also proposing to
remove exemptions for periods of startup, shutdown, and malfunction (SSM) and specify that the
emission standards apply at all times and require electronic reporting of performance test results
and notification of compliance reports. Comments must be received on or before February 25, 2022.
Read the Federal Register Notice.


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EPA Releases Screening Methodology to Evaluate Chemical Exposures and
Risks to Fenceline Communities

EPA released for public comment and peer review version 1.0 of a proposed screening level
methodology to evaluate potential chemical exposures and associated potential risks to fenceline
communities in Toxic Substances Control Act (TSCA) risk evaluations.

The proposed screening level methodology uses reasonably available data, information, and models
to quantify environmental releases, evaluate exposures to fenceline communities and characterize
risks associated with such releases and exposures for certain air and water pathways previously not
evaluated in published risk evaluations.

The screening level methodology will next go through public and peer review, including by the
Science Advisory Committee on Chemicals (SACC). EPA will then use this feedback to modify the
proposed screening level methodology, as appropriate. EPA plans to use the screening level
methodology to determine the risks to fenceline communities from the air and water pathways that
were not assessed previously for seven of the first ten chemicals for which EPA published risk
evaluations. For the next 20 chemicals undergoing risk evaluation and beyond, EPA plans to expand
this first version of the framework to include a method to address broader potential environmental
justice concerns and cumulative or aggregate exposures to chemicals.

EPA will hold a public virtual meeting of the SACC on March 15-17, 2022, to peer review the
screening level methodology. This review will ensure that the approach incorporates independent
scientific advice and recommendations, and that EPA follows a transparent process. Information on
registering to attend the public virtual meeting will be available in February 2022 on the SACC
website. Written comments on the documents undergoing peer review should be submitted on or
before February 22, 2022. Comments may be submitted to the public docket through
www.requlations.gov (Docket No. EPA-HQ-OPPT-2021-0415). Read the full press release.

NESHAP for Municipal Solid Waste Landfills Residual Risk and Technology
Review; Correction

On Thursday, the Administrator of the U.S. Environmental Protection Agency (EPA) re-signed final
technical revisions and clarifications for the National Emission Standards for Hazardous Air
Pollutants (NESHAP) for Municipal Solid Waste (MSW) Landfills established in the March 26, 2020,
final rule. These technical revisions were initially signed on January 14, 2022; however, due to an
administrative error, were re-signed on February 3, 2022.

Again, this final rule corrects inadvertent errors and clarifies wellhead monitoring requirements for
the purpose of identifying excess air infiltration; delegation of authority to state, local or tribal
agencies for "emission standards"; applicability of the General Provisions to affected MSW landfills;
and handling of monitoring data for combustion devices during periods of monitoring system
breakdowns, repairs, calibration checks and adjustments. EPA is finalizing amendments to the MSW
Landfills New Source Performance Standards (NSPS) at 40 CFR part 60, subpart XXX, to clarify the
timing of compliance for certain requirements of the MSW Landfills NSPS for existing MSW landfills
that have modified but previously triggered the requirement to install a gas collection and control
system under related MSW landfill rules. EPA is also revising the definition of Administrator in the
MSW Landfills Federal Plan that was promulgated on May 21, 2021. The revision makes the
definition consistent with other Federal plans such as the Federal Plan Requirements for Sewage


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Sludge Incineration Units (40 CFR part 62, subpart LLL), which distinguishes between the
administrator of the federal plan and the administrator of a state plan.

For more information and a prepublication version of the rule, visit: https://www.epa.qov/stationar\
sources-air-Dollution/municiDal-solid-waste-landfills-national-emission-standards

Key Dates and Upcoming Opportunities

Innovative Water Technologies for Lagoon Wastewater Systems in Small
Communities Request for Applications (RFA)

Funding Opportunity Number: EPA-G2022-ORD-G1

Catalog of Federal Domestic Assistance (CFDA) Number: 66.521

Solicitation Opening Date: January 20, 2022

Solicitation Closing Date: March 7, 2022: 11:59:59 pm Eastern Time

EPA is seeking applications for the purpose of accelerating innovative and alternative wastewater
treatment technologies in lagoon/pond systems serving small communities (population less than
10,000) that may require infrastructure improvements or process modifications in effluent quality for
nutrients (total phosphorous and/or total nitrogen) and ammonia. In addition, the Request for
Applications (RFA) is also looking for applications to help determine the performance, capital costs,
operations and maintenance (O&M) costs, and O&M requirements of innovative water technologies
that can efficiently and consistently remove nutrients.

Learn more about this ODDortunit

EPA Extends Deadline for Enhanced Air Quality Monitoring for Communities
Grant Applications

On January 20, 2022, EPA extended the grant application deadline to March 25, 2022, at 11:59 p.m.
(ET) for communities, Tribes, states, local governments, and other eligible entities seeking funding for
ambient air monitoring projects in communities with environmental and health outcome disparities
stemming from pollution and the COVID-19 pandemic. EPA issued this 30-day extension in response
to requests for more time to submit applications for enhanced air monitoring projects for communities
in this competitive grant process.

Through the American Rescue Plan, the total estimated funding for this competitive opportunity is
approximately $20,000,000. Approximately $2 million of this amount will be awarded to Tribal
governments under a Tribal government set-aside, and approximately $2 million will be awarded to
eligible community-based organizations under a community-based organization set-aside. EPA
anticipates awarding a total of approximately 50-70 assistance agreements (cooperative agreements or
grants) from this announcement, subject to availability of funds, the quality of applications received,
agency priorities, and other applicable considerations

Learn more about this ODDortunit



Ask SBEAP

Dear SBEAP,




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My business wants to start on some projects to make our work more environmentally friendly, but
the upfront costs of these projects make it hard for a small business like mine. Are there grants
available to my business? How can I find them?

Sincerely,

Gloria Grant

Dear Gloria,

Many sources offer funding and other assistance to small businesses looking to reduce their
impact. The best way to find federal grants is through qrants.gov. Click "Search Grants" and make
sure to select "Small Businesses" under "Eligibility." Note that "Environment" is an option under
"Category," but there are other categories that may be relevant, such as "Energy." There may also
be funding opportunities available through your state, county or city. For example, some state
agencies are offering funds to help businesses replace their diesel or gasoline vehicles and
equipment with less polluting electrical vehicles or equipment.

In addition to offering environmental technical assistance, your SBEAP can help you navigate
available environmental funding and other types of assistance, such as loans and specialized
technical assistance. Your Small Business Development Center, part of SBA, may also be able to
help you identify relevant funding. You can find your SBEAP on the National SBEAP state contact
map. You can also reach out to National SBEAP directly for assistance at info@nationalsbeap.org
or 800-578-8898.

Spotlight

EPA Recognizes WasteWise Award Winners for Innovations in Waste Reduction

National award winners for 2020 and 2021 prevented and diverted close to 408,000 tons of waste
that would otherwise be disposed of in landfills or incinerators, contributing to climate change.
Instead, they saved over $22.5 million in avoided landfill costs and prevented emissions that
contribute to climate change and other environmental impacts.

EPA recognizes WasteWise partners in several data categories that report the best overall
improvement in waste prevention and recycling activities when compared to the previous year. This
year, EPA also recognizes winners in narrative categories that achieved exemplary waste
reductions in their organizations and businesses.

The WasteWise award winners achieved noteworthy accomplishments, such as reprocessing N95
respirators, implementing Sustainable Purchasing Guidelines at a university, and reusing shipping
containers for return trips to avoid waste. More information about each winner is available at:

epa.gov/smm/wastewise#AwardsandAwardWinners.

New EPA Initiatives Will Help State and Local Governments Cut Climate Pollution
from Commercial Buildings

On January 21, 2022, EPA announced new initiatives related to commercial buildings that support
President Biden's ambitious climate agenda. Commercial and multifamily buildings, which
contribute 19 percent of U.S. greenhouse gas emissions, are a critical part of the solution.

The new initiatives include:


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-Guidance to assist local and state governments in developing effective building performance
policies.

-Enhancements to the ENERGY STAR Portfolio Manager® tool currently used by hundreds of
thousands of building owners to assess their energy, water, waste, and emissions.

-A way to use Portfolio Manager data to estimate building emissions under different performance
standards.

Later this year, EPA will launch a new tool providing access to aggregated, anonymized energy data
from the hundreds of thousands of buildings in Portfolio Manager, enabling policymakers, building
owners, and others to quickly understand how energy use varies based on the type of building,
where it is located, how it is used, and other factors.

These initiatives support EPA's goals to accelerate emissions reductions and generate local jobs
through increased energy efficiency and beneficial electrification across the residential, commercial,
and industrial sectors.

Learn more about ENERGY STAR Learn more about EPA's State and Local

Climate and Enerav Proaram. Read the full Dress release

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.qov/resources-small-businesses/asbo


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