*>EPA
SmallBiz@EPA
EPA's Asbestos and Small Business Ombudsman Program
A monthly newsletter for the regulated small business community
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March 2021
Policy & Regulation I Key Dates & Upcoming Opportunities I Ask SBEAP |
Policy & Requlation
EPA Seeks Small Businesses Input on Risk Management Rulemaking for Asbestos,
Part 1: Chrysotile Asbestos and for C.I. Pigment Violet 29 (PV29)
Under the Toxic Substances Control Act (TSCA), EPA is required to evaluate the risks associated with
existing chemicals in commerce using the best available science before taking action to address any
unreasonable risk, The Agency issued a final risk evaluation, Asbestos, Part 1: Chrysotile Asbestos, in
December 2020, showing unreasonable risks to workers, occupational non-users (ONUs), consumers,
and bystanders under certain conditions of use. EPA also issued a final risk evaluation for PV29 in
January 2021, showing unreasonable risks to workers and ONUs under certain conditions of use. EPA
is now moving to the risk management step in the TSCA process by working to draft a regulation to
protect public health from the unreasonable risks identified in these final risk evaluations.
The Regulatory Flexibility Act requires agencies to establish a SBAR Panel for rules that may have a
significant economic impact on a substantial number of small entities. The SBAR panel will include
federal representatives from the Small Business Administration (SBA), the Office of Management and
Budget (OMB), and EPA. Small Entity Representatives (SERs) will be selected by the SBAR Panel to
provide comments on behalf of their company, community, or organization and advise the panel on the
potential impacts of the proposed rule on small entities.
In addition to engaging with small businesses, EPA is executing a robust outreach effort on risk
management that includes formal consultations with state and local governments, tribes, and
environmental justice communities. There will also be an open public comment on any draft risk
management regulation. While outreach and stakeholder engagement on risk management activities for
these chemicals will continue to move forward, EPA is actively reviewing the final risk evaluations to
ensure it uses the best available science and protects human health and the environment, in
accordance with the Executive Orders and other direction provided by the Biden-Harris Administration.
The Agency will keep stakeholders updated as decisions are made and next steps are determined.
Learn more about the Small Business Advisorv Review process.
Learn more about TSCA risk manaaement and opportunities for stakeholder engagement
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Fees for the Administration of the Toxic Substances Control Act (TSCA); Extension
of Comment Period
In the Federal Register of January 11, 2021, EPA proposed updates and adjustments to the 2018 fees
rule established under TSCA. This document extends the comment period for 30 days from February
25, 2021 to March 27, 2021. Provide comments to docket EPA-HQ-OPPT-2020-0493 on
www.requlations.gov. EPA will use these comments to inform the final rule which the Agency plans to
issue in 2021. Learn more about the proposed revisions to the TSCA Fees Rule.
Inventory of U.S. Greenhouse Gas Emissions and Sinks
Public Review of Draft U.S. Inventory of Greenhouse Gas Emissions and Sinks: 1990-2019
EPA develops an annual report, called the Inventory of U.S. Greenhouse Gas Emissions and Sinks
(Inventory), that tracks U.S. greenhouse gas emissions and sinks by source, economic sector, and
greenhouse gas going back to 1990. Per an announcement in the Federal Register (FR) FRL-10019-87-
OAR, the draft 1990-2019 Greenhouse Gas Emissions Inventory is now available for public
comment. To ensure your comments are considered for the final version of the document, please
submit your comments by March 15, 2021. Learn more about the draft report and how to submit
comments.
EPA has developed an interactive tool that provides access to data from the national greenhouse gas
inventory. Visit the Greenhouse Gas Inventory Data Explorer to create customized graphs, examine
trends over time, and download the data. Note: the Data Explorer will be updated with data through
2019 with publication of the Inventory in April after completion of public review of the Draft Inventory
described above. For more information, visit epa.qov/qhqemissions/inventorv-us-qreenhouse-qas-
emissions-and-sinks.
Notice of Data Availability (NODA) Relevant to the United States Hydrofluorocarbon
Baselines and Mandatory Allocations
On February 11, 2021, EPA published a Notice of Data Availability (NODA) in the Federal Register to
alert stakeholders of information relevant to HFC consumption and production in the United States for
the years 2011, 2012, and 2013 and solicit stakeholder input. The Agency provided this information in
preparation for upcoming regulatory actions under the American Innovation and Manufacturing (AIM)
Act of 2020, included in the Consolidated Appropriations Act, 2021. This notice also provided the
Agency's initial information on HFC use in sectors that would receive application-specific allowances
under the Act.
EPA is planning to issue a proposed rule in the near future that will take comment on an HFC
Phasedown Program, including the Agency's approach to calculating HFC production and consumption
baselines, allocating allowances in furtherance of the HFC phasedown, and defining sectors that
receive application-specific allowances. More information about the AIM Act as well as EPA's current
efforts to meet the statutory deadlines can be found at epa.qov/climate-hfcs-reduction.
EPA Takes Action to Address PFAS in Drinking Water
On February 22, 2021, EPA issued two actions to protect public health by addressing per- and
polyfluoroalkyl substances (PFAS) in drinking water, highlighting the Agency's commitment to address
these long-lasting "forever chemicals" that can enter drinking water supplies and impact communities
across the United States. The Biden-Harris administration is committed to addressing PFAS in the
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nation's drinking water and will build on these actions by advancing science and using the Agency's
authorities to protect public health and the environment.
Taken together, these two actions will support the Agency's efforts to better understand and ultimately
reduce the potential risks caused by this broad class of chemicals. EPA is reproposing the Fifth
Unregulated Contaminant Monitoring Rule (UCMR 5) to collect new data on PFAS in drinking water and
the Agency is reissuing final regulatory determinations for perfluorooctanoic acid (PFOA) and
perfluorooctanesulfonic acid (PFOS) under the Safe Drinking Water Act (SDWA). After a thorough
review in accordance with Biden-Harris administration executive orders and other directives, the
Agency is reissuing these actions. EPA will build on them using a strong foundation of science while
working to harmonize multiple authorities to address the impacts of PFAS on public health and the
environment. EPA is also committed to a flexible approach and working collaboratively with states,
tribes, water systems, and local communities that have been impacted by PFAS.
With the final Regulatory Determinations for PFOA and PFOS, EPA will move forward to implement the
national primary drinking water regulation development process for these two PFAS. The Regulatory
Determinations also outline avenues that the Agency is considering to further evaluate additional PFAS
chemicals and provide flexibility for the Agency to consider groups of PFAS as supported by the best
available science.
Additionally, the proposed UCMR 5 would provide new data that is critically needed to improve EPA's
understanding of the frequency that 29 PFAS are found in the nation's drinking water systems and at
what levels. EPA will accept public comment on the proposed UCMR 5 for 60 days, following
publication in the Federal Register. EPA will also hold a virtual stakeholder meeting twice during the
public comment period. For more information, visit eDa.gov/safewater. Read the full press release.
EPA Registers Copper Surfaces for Residual Use Against Coronavirus
On February 10, 2021, EPA announced that certain copper alloys provide long-term effectiveness
against viruses, including SARS-CoV-2, the virus that causes COVID-19. As a result of EPA's approval,
products containing these copper alloys can now be sold and distributed with claims that they kill
certain viruses that come into contact with them. This is the first product with residual claims against
viruses to be registered for use nationwide. Testing to demonstrate this effectiveness was conducted on
harder-to-kill viruses.
New efficacy testing supported by the Copper Development Association and conducted according
to EPA's protocols demonstrated certain high-percentage copper alloy products can continuously kill
viruses that come into contact with them. Based on testing against harder-to-kill viruses, EPA expects
these products to eliminate 99.9 percent of SARS-CoV-2, the virus that causes COVID-19, within two
hours. Antimicrobial copper alloys can be manufactured into a wide range of surfaces, including
doorknobs and handrails. These high-percentage copper alloy products will be added to the List N
Appendix , the Agency's list of residual antiviral products that can be used to supplement routine
cleaning and disinfection to combat SARS-CoV-2. To find products for routine cleaning and disinfection,
see EPA's List N.
The use of antimicrobial copper alloy products supplements but does not replace standard infection
control practices. Individuals should continue to follow Centers for Disease Control (CDC), state, and
local public health guidelines, including critical precautions like mask wearing, social distancing,
and ventilation. According to the CDC, COVID-19 is thought to spread mainly through close contact
from person to person. For more information on how copper alloy products can be used against
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viruses, see EPA's website or the product's label in the Pesticide Product and Label System. Read the
EPA Commits to Strengthening Science Used in Chemical Risk Evaluations
EPA is continuing to act on the Biden-Harris Administration's commitment to making evidence-based
decisions and developing policies and programs that are guided by the best available scientific data.
EPA announced that the Agency will refine its approach to selecting and reviewing the scientific studies
that are used to inform TSCA chemical risk evaluations (known as systematic review).
EPA's ongoing effort to update its systematic review approach that was issued in 2018 is also part of
EPA's broader efforts to review the first 10 TSCA risk evaluations. This review will be done in
accordance with the Executive Orders and other directives provided by the Biden-Harris Administration
to ensure that all Agency actions meet statutory obligations, be guided by the best available science,
ensure the integrity of Federal decision-making, and protect human health and the environment.
EPA is committed to following an open and transparent process to review and update the Agency's
systematic review approach. EPA expects to publish and take public comment on a TSCA systematic
review protocol that will adopt many of the recommendations in the Academies' report later this year.
View the report from the Academies. Read the full press release.
After Careful Consideration, EPA Supports Tenth Circuit's Renewable Fuels
Association Decision
On February 22, 2021, EPA announced that after careful consideration of the 2020 decision of the U.S.
Court of Appeals for the Tenth Circuit in Renewable Fuels Association etal. v. EPA, 948 F.3d 1206
("Decision"), EPA supports that court's interpretation of the renewable fuel standard (RFS) small-
refinery provisions. This conclusion, prompted by a detailed review following the Supreme Court's grant
of certiorari in the case, represents a change from EPA's position before the Tenth Circuit. The change
reflects the Agency's considered assessment that the Tenth Circuit's reasoning better reflects the
statutory text and structure, as well as Congress's intent in establishing the RFS program.
RFS Program Background
Congress created the RFS program to reduce greenhouse gas emissions and expand the nation's
renewable fuels sector while reducing reliance on imported oil. This program was authorized under the
Energy Policy Act of 2005 and expanded under the Energy Independence and Security Act of 2007. In
enacting the RFS program, Congress recognized the need to allow small refineries (those with
aggregate crude oil throughput less than or equal to 75,000 barrels per day) to transition into the
program. Small refineries were exempted from the RFS program in its earliest years, 2006-2010, after
which a small refinery could petition EPA for and receive an extension of its exemption if it could
demonstrate the refinery would suffer "disproportionate economic hardship" as a result of complying
with its RFS obligations. See CAA section 211(o)(9).
Supreme Court Case and EPA's Position
On January 8, 2021, the U.S. Supreme Court granted the small refineries' petition for a writ of certiorari
asking the Court to review the Tenth Circuit's holding regarding the SRE eligibility of small refineries
that lack an existing exemption. HollyFrontier Cheyenne Refining, LLC, etal. v. Renewable Fuels Assn.,
etal., United States Supreme Court, Case No. 20-472.
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After further, careful review of the RFA Decision following the change of Administration, EPA has
reevaluated the statutory text and now agrees with the Tenth Circuit's reading of CAA section
211 (o)(9)(B)(i) that an exemption must exist for EPA to be able to "extend" it. EPA agrees with the court
that the exemption was intended to operate as a temporary measure and, consistent with that
Congressional purpose, the plain meaning of the word "extension" refers to continuing the status of an
exemption that is already in existence. For background on EPA's RFS Program,
see epa.qov/renewable-fuel-standard-proqram/news-notices-and-announcements-renewable-fuel-
standard. Read the full press release.
Key Dates and Upcoming Opportunities
EPA Webinar: Air Sensor Performance Targets
March 24, 2021, 3:00 to 4:00 PM ET
This webinar will highlight two reports developed by EPA's Office of Research and Development (ORD)
that outline recommended performance testing protocols, metrics, and target values for fine particulate
matter (PM2.5) and ozone (03) air sensors. The reports apply to the use of PM2.5 and 03 air sensor in non-
regulatory supplemental and informational monitoring (NSIM) applications in ambient, outdoor, fixed site
environments. The anticipated outcomes of this work are to:
• Provide a consistent approach for evaluating air sensor performance and reporting results;
• Help the user community better understand sensor performance;
• Assist the user community in making informed decisions on choosing sensors that appropriately suit
their NSIM application; and
Encourage innovation and product improvement in the marketplace.
. For Registration Questions: Email . For more
information, visit
rotocols
EPA Announces Availability of Up to $6 Million in Environmental Justice Grants
EPA has announced the availability of up to $6 million in grant funding under the
and the
Collaborative Problem-Solvinq (EJCPS) Coooerative Aqreement Proqram
Small Grants (EJSG) Proqram
Environmental Justice
Environmental Justice
Addressing COVID-19 concerns faced by low-income communities and communities of color
Climate Change and Natural Disaster Resiliency outreach and planning
New applicants to either grant funding opportunity
' to assist people living and working near ports across the country
Small non-profits
The EJCPS Cooperative Agreement Program's total estimated grant funding is approximately $3,200,000.
EPA anticipates awarding two cooperative agreements of $160,000 each within each of the 10 EPA
Regions. To learn more about pre-application assistance calls and how to apply for funding,
visit:
eoa.qov/environmental-iustice/environmental-iustice-collaborative-oroblem-solvinq-coooerative
aqreement-0
The EJSG Program estimates approximately $2,800,000 will be awarded to approximately five
applications per EPA region in amounts of up to $50,000 per award. This includes EPA's i
' program which anticipates funding up to six additional projects to address clean air issues at
coastal and inland ports or rail yards. To learn more about pre-application assistance calls and how to
apply for funding, visit:
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Applicants interested in either funding opportunity must submit grant proposal packages by May 7,
2021 to be considered for the available funding. Applicants should plan for projects to begin on October
1, 2021. Interested applicants are also encouraged to participate in a pre-application assistance call or
webinar on March 5, March 10, March 23, or April 7, 2021 (en Espanol). More information is available
at: . For more
eDa.qov/environmentaliustic
information on EPA's environmental justice grants, funding, and technical assistance programs,
visit:
EPA Online Training Course: How to Develop a Budget
This online training course is designed to introduce EPA grant applicants and recipients to key aspects of
grant budget development. The training may be used by applicants and recipients of EPA funds when
preparing proposed work plans, budgets, and budget narratives for EPA grants. Throughout this training,
the term grant is used as a general term to refer to both grants and cooperative agreements.
The course is divided into separate modules that can be completed individually. Each module includes
knowledge checks to verify your understanding of key concepts. If you need to leave a module, the last
slide to be completed will be saved, and you will be able to return to that location later. Upon completion,
you will be prompted to generate a downloadable certificate of completion.
Related Training: This online training
course is designed to introduce EPA grant applicants and recipients to key aspects of the entire grant life
cycle, from preparation of an application through grant closeout. Access the training modules and more
Dear SBEAP,
COVID-19 has changed many things for our small business. There's been a lot about financial relief,
masks, sanitation and regulations, but I'm struggling to keep track as things keep changing. Is there
anything new regarding COVID and environmental compliance? Is there a website where I can keep
track of current information?
Sincerely,
Sarah Small
Dear Ms. Small,
The COVID-19 pandemic has affected many aspects of our lives, including how businesses operate.
Its impacts have been devastating for some of our small business communities, while others have
thrived. With regard to environmental compliance, the COVID-19 Enforcement Policy issued last
spring ended in August. EPA and state regulatory agencies have changed the way they are doing
inspections, and these changes may or may not stay after the pandemic ends. The National SBEAP
has created a page of COVID-19 resources relevant to small businesses to help keep you connected
with the latest information from sanitation and health concerns to financial relief. This includes mask
guidance, resources on social distancing and disinfection, printable posters for your workplace and
SBA Economic Injury Disaster Loans. As always, we can also help connect you with resources
specific to your state, or you can call our hotline at 800-578-8898.
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Spotlight
EPA SBIR Small Business Receives 2020 Tibbetts Award
Each year, the U.S. Small Business Administration (SBA) honors the best and brightest within the Small
Business Innovation Research (SBIR) program with Tibbetts Awards. Named after Roland Tibbetts, the
founder of the SBIR program, Tibbetts Awards recognize the companies, organizations, and individuals
who exemplify SBIR achievement with measurable impacts. Nominees are judged on technical
innovation, business impact and overall societal and economic benefit. This year, ASAT, Inc., an EPA
SBIR-funded small business, was awarded a Tibbetts Award for their success and excellence.
ASAT, Inc. is an EPA SBIR small business out of Oregon. ASAT's ^^^^^^^^^Hfocused on the
development of the ASAT Integrated Stove, an affordable and clean-burning biomass stove for heating
and cooking. Nearly 3 billion people in the world depend on the burning of biomass and coal in
rudimentary stoves or open fires and are exposed to smoke with high concentrations of fine particles
composed of toxic compounds. The Integrated Stove has innovative stand-alone, affordable
accessories, including a thermoelectric generator to provide light and charge cell phones; an efficient
air-cooled radiator; the Jet-Flame, a cleaning system for the combustion chamber that reduces fine
particulate matter emissions by 90 percent; and an electrostatic precipitator, which eliminates smoke
output through the chimney and captures 95-99 percent of fine particulate matter. U.S. and global
sales of ASAT's accessories guarantee smoke-free biomass heating and cooking, resulting in
protected health, sustainable energy use, cleaner cooking with biomass and reduced respiratory
illness.
EPA SBIR funding was critical to develop, manufacture and market ASAT's innovations. "EPA SBIR
funding enabled ASAT to research and develop many commercially viable inventions," said Dean Still,
ASAT's Executive Director. "This includes the Jet-Flame that increases combustion efficiency, an air-
cooled thermoelectric generator, a low-cost electrostatic precipitator and the clean-burning Integrated
Stove which has all of these features."
EPA funding has also led ASAT to accelerate the commercialization of their innovative technologies.
Since receiving their award, ASAT has attracted a partnership with the Gates-funded Global Health
Laboratories and additional funding from third-party sources. EPA SBIR funding allowed ASAT to
succeed in making international sales and its products are now found in more than 30 countries,
including a tender from the Nigerian government for 25,000 Integrated Stoves. "Without EPA SBIR, this
would not have happened," said Still.
2020 marks the first year since 2016 that SBA has announced Tibbetts Awards. EPA SBIR small
businesses have a history of receiving these prestigious awards. For more information, visit
epa.qov/sbir/epa-sbir-small-business-receives-2020-tibbetts-award
Statistics for the TSCA CBI Review Program
Under TSCA, EPA must review and make determinations for certain confidential business information
(CBI) claims. Specifically, TSCA section 14(g)(1) requires that EPA, within 90 days of receipt of the
claim:
• review and make determinations on CBI claims for chemical identity after the chemical substance
has been offered for commercial distribution; and
• review and make determinations on a representative subset of at least 25% of other CBI claims
that are not exempt from substantiation and review.
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The CBI review requirements of TSCA section 14 apply to submissions to EPA under TSCA,
including Sections 4, 5, 6, 8, and 12.
Learn more CBI review and determination reauirements.
Since the enactment of the TSCA amendments in June 2016, EPA has established numerous new
processes, systems, and procedures to enable submitters to provide the information required when
making confidentiality claims and to facilitate EPA's review, and where applicable, determinations on
these claims. In January 2021, EPA published an updated list of cases with completed CBI reviews
under TSCA section 14. This publication keeps the commitment made by EPA to periodically publish
information on CBI determinations. These actions continue the Agency's commitment to
transparency as we fulfill our responsibilities under the Lautenberg amendments to TSCA.
Download data on completed TSCA CBI determinations (XLSX
. This spreadsheet includes the results
of completed CBI determinations and cases with approved claims for specific chemical identity for
which unique identifiers have been assigned.
Annual CBI Goal
TSCA section 8(b)(4)(C) required that EPA promulgate a rule establishing a review plan for all active
substances whose specific chemical identities are protected from disclosure by inclusion on the
confidential portion of the TSCA Inventory. TSCA section 8(b)(4)(E)(ii)(ll) and 40 CFR 710.55(d)
provide that EPA will publish an annual goal for reviews and the number of reviews completed in the
prior year at the beginning of each calendar year. After consideration of the number of claims needing
review and EPA's available resources, EPA has determined that its goal for calendar year 2021 is to
prioritize the review of confidential chemical identities reported in the Active Inactive Rule that were
also reported in the 2020 Chemical Data Reporting (CDR) rule reports. EPA will also prioritize refining
document handling and review infrastructure to facilitate the efficient reviews of the remaining CBI
claims for chemical identity which will be completed by February 19, 2024.
EPA publishes the results of TSCA CBI determinations for all TSCA submissions a few times each
year. EPA issued 540 final confidentiality determinations for chemical identity in Notice of Activity Form
A (NAA) filings concerning 383 active substances on the confidential portion of the TSCA Inventory in
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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