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January 1997 Update Newsletter

MEMORANDUM

SUBJECT: Update on Recent Small Business Activities at the U.S. EPA

FROM: Karen V. Brown, Small Business Ombudsman

TO: Persons Interested in Small Business Environmental Issues

DATE: January, 1996

ASSOCIATE OMBUDSMAN

Robert C. Rose, Industrial Engineer

The Clean Air Act & General Assistance

SENIOR ENVIRONMENTAL EMPLOYEES

Larry O. Tessier, P.E., Civil Engineer

Asbestos, Radon and Lead Pollution

Arnold Medbery, P.E., Mechanical Engineer

The Clean Air Act, Water, Asbestos

Thomas J. Nakley, Civil Engineer

The Clean Water Act and General Assistance

James E. Malcolm Chemical Engineer

Toxic Substances & Hazardous Materials

Contents

Letter from the Adminstrator

Small Business Ombudsman Functions

Hotlines

Clean Water Act

Pesticides

Hazardous Waste

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Regional Contacts

Status of High Visibility Actions

Clean Air Act

Right to Know

Superfund

Toxic Chemicals

General

Use Your State Ombudsman and Tecnical Assistance Programs

As we submit our first REPORT to CONGRESS on the implementation of Section 507 o

1990 Clean Air Act Amendments, I am pleased to inform the Congress that 50 States and

Territories now have Small Business Ombudsmen and all States provide some degree

Technical Assistance to small businesses to help them comply with the Clean Air Act and

other environmental requirements (water, solid waste, etc.). I urge small businesses to use

these fine programs which are provided at no charge. If you are not aware of how to

your State program, call our Toll Free Hotline, 800-368-5888, for such information. I wil

welcome your comments on these services.

Sincerely,

Karen V. Brown

Small Business Ombudsman Functions

EPA's Office of the Small Business Ombudsman (OSBO) performs the following functio

Provides a convenient way for small businesses to access EPA

Facilitates communications between the small business community and EPA

Investigates and resolves disputes with EPA

Works with EPA personnel to increase their understanding of small businesses in

development and enforcement of environmental regulations.

Where To Call For More Information And Help

SMALL BUSINESS OMBUDSMAN

Toll-Free Local and DC Area T.D.D. FAX

(800) 368-5888 (703) 305-5938 (703) 305-6824 (703) 305

OTHER EPA HOTLINES

National Center for Environmental Publications and Information

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Watershed Info. Resource System

Indoor Air Quality Information Clearinghouse

Radon

Air Control Tech. Assistance Center

Mobile Sources Emissions

Emission Measurement and Monitoring

Stratospheric Ozone Protection (CFC's)

Electric Magnetic Fields

Acid Rain (emissions trading, auctions, general information)

Safe Drinking Water (public water supply, technical and regulatory issues)

Waste Water/Small Flows Clearinghouse

Clean Lakes

Storm Water: Office of Water Resource Center

Wetlands Information

Pollution Prevention Clearinghouse

RCRA (Haz. Waste) Ombudsman

Solid and Hazardous Waste (RCRA), Superfund (CERCLA)

Emergency Planning & Community Right to Know

(SARA Title III) (EPCRA)

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Toxic Substances Control Act (TSCA) & Asbestos Information/Referral

Office of Pesticide Program Registration Div. (Ombudsman)

Public Information Center

National Pesticide Telecommunications Network (provides information

about pesticides--spill handling, disposal clean-up and health effects)

OTHER EPA HOTLINES

Office of Environ. Justice

Recycling Hotline

National Technical Information Service (NTIS)

National Response Center (Operated by the U.S. Coast Guard for

reporting oil spills and hazardous substance releases

Energy-efficiency & Renewable Energy Clearing House (Operated by

the Dept. of Energy for inquiries on energy related matters)

Department of Energy--National Alternative Fuels Hotline

DOT--Transportation of Hazardous Material

CHEMTREC Center Non-Emergency Services (operated by the

Chemical Manufacturers Association--Health & Safety)

Enviro-Health Clearing House (RTP)

Info on ISO 9000/14000

National Lead Information Center

(General Information)

(Technical Assistance)

Small Business Administration

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Occupational Safety & Health Administration (Worker Safety)

Consumer Product Safety Commission

Government Printing Office

Regional Small Business Liasons

Region States Contact Phone

1 CT, ME, MA, NH, RI, VT Dwight Peavey (617) 565

2 NJ, NY, PR, VI Otto Salamon (212) 637

3 DE, DC, MD, PA, VA, WV David Byro (215) 566

4 AL, FL, GA, KY, MS, NC, SC, TN Annette Hill (404) 347

5 IL, IN, MI, MN, OH, WI Robert Beltran (312) 886

6 AR, LA, NM, OK, TX Patty Senna (214) 665

7 IA, KS, MO, NE Charles Hensley (913) 551

8 CO, MT, ND, SD, UT, WY Vaughn Whatley (303) 312

9 AZ, CA, HI, NV, AS, GU Joe Ochab (415) 744

10 AK, ID, OR, WA Mary Matthews (206) 553

Status Of High Visibility Actions

OBTAINING ADDITIONAL INFORMATION FOR SMALL BUSINESS

Some articles in this newsletter cite certain reference publications by Item Number that

provide additional information on the topic. These publications can be ordered by comple

the Publication Order form on page 19. In addition, the Ombudsman's Office maintains a

inventory of over 200 EPA and related publications containing useful environmental

information for small business. A complete listing of these publications can be obtained b

contacting the Ombudsman's Office.

MORE RECENT ACTIVITIES TO BETTER SERVE YOU

Our efforts to assist the Small Business Community continue at a high level. Here are som

more things we have done or are currently doing to help you over the past year.

Hosted third National Small Business Ombudsman and Technical Assistance

Program Conference attended by 44 States and 2 Territories (162 participants), and

have set plans for a fourth Conference in February 1997, in Charleston, South

Carolina.

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Developed external stakeholder guidance and acted as a principal participant in 

Agency's Sixth Regulatory Tiering (prioritizing) Process.

Served as principal role player in the development of a new EPA policy offering

compliance incentives to small businesses in all media (waste, water, toxics, etc.).

Coordinated individual meetings and follow-up meetings between major small

business trade associations and the EPA Deputy Administrator and Assistant

Administrators to discuss small business issues.

Developed small business regulatory impact studies for several small business tr

associations.

Participant as key player in the joint Small Business Administration and Office o

Management and Budget Regulatory Reform Initiative.

Developed in cooperation with the University of Tennessee's Industrial Services

Center and the EPA Office of Air Quality Planning and Standards, a Fourth Nation

Satellite Tele-conference (Wood Furniture Manufacturing) in the Fall of

Developed cooperatively with all State and Territorial Small Business Assistanc

Programs, EPA's 1995 Small Business Ombudsman Report to Congress under the

1990 Clean Air Act Amendments.

Cooperatively managing Small Business Regulatory Enforcement Fairness Act o

1996 Small Business Entity Outreach Activities in order to implement Act

requirements.

Conducted Meeting for State Small Business Ombudsmen and Technical Assista

Program "Steering Committee" with Assistant Administrator, Office of Air and

Radiation, on small business issues and a "show and tell" for EPA, other Federal

Agencies and Small Business Trade Associations.

Conducted Small Business Liaison Conference for EPA Regional Small Busines

Representatives.

In the process of completing an EPA Small Business Ombudsman Internet

Homepage.

Clean Air Act

CLEAN AIR ACT IMPLEMENTATION STRATEGY UPDATE

EPA's Office of Air and Radiation is preparing a new Implementation Strategy

will outline the schedule, by industry, for issuing nearly 200 regulations required by the

Clean Air Act, addressing major issues and steps in the process. It will be included in our

Item I-11 package as soon as available.

AMENDMENT AND CHANGES TO THE OPERATING PERMIT PROGRAM

FINAL RULE

In 1992, EPA issued regulations providing for the establishment of comprehensive State 

quality permitting systems consistent with the requirements of Title V of the Clean Air A

The Rule allows States to issue a general permit covering numerous similar small sources

each of which need only submit information covering its eligibility. The Rule was revised

and expanded in 1994, including the provision of more flexibility in the revision of

with more flexibility provided in 1995. Amendments were published on June 3, 1996,

providing non-major source emission exemptions. See 6/1/96 Code of Federal Regulation

(CFR), Part 70. For detailed history, see our Item I-25.

CAA -- A GUIDE FOR SMALL BUSINESSES

A booklet entitled The Clean Air Act Amendments of 1990: A Guide for Small Businesse

was published in 1992 (I-36). This guide provides small businesses a broad overview of t

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Act's complex requirements, and the effects these are likely to have, in general, on a smal

business. The guide provides telephone numbers and addresses for obtaining additional

information. Accompanying the booklet is a four-page summary entitled What A Small

Business Should Know About the New Clean Air Act.

NEW NATIONAL AMBIENT AIR QUALITY STANDARDS PROPOSED FOR

PARTICULATE MATTER AND OZONE

On December 13, 1996, the Federal Register published EPA's proposed revisions to the

National Ambient Air Quality Standards for Particulate Matter and Ozone (ground level)

Particulate Matter (PM) largely originates as soot from combustion sources, such as powe

plants and incinerators. Ozone is primarily caused by industrial and motor vehicle emissi

These proposed revisions will impact industries and businesses of all sizes, directly and/o

indirectly. The current PM standard regulates particulate 10 microns or smaller

arithmetic mean concentration of 50 micrograms per cubic meter and 24-hour average

concentration of 150 micrograms per cubic meter. The proposed standard adds the regula

of particulate 2.5 microns or smaller at 15 micrograms annually and 50 micrograms

The current Ozone standard is 0.12 parts per million (PPM), daily maximum 1 hour avera

The proposed standard is 0.08 PPM, daily maximum 8 hour average, but comments were

requested on 0.09 PPM, 8 hours, and 0.07 through 0.12 PPM at 1 hour. On both the

PM and Ozone standards, EPA is also specifying the way in which the attainment of thes

standards would be measured.

There has been considerable input from stakeholders during the comment period which e

2/18/97, including a meeting set up by this Office between small business trade associatio

and senior EPA Air Program managers. Final Rules on both standards is anticipated in Ju

1997. Plans for control strategies to meet the standards would be due in 2002 for PM, and 

2000 for Ozone. Deadlines for achieving full compliance would occur several years

each. We will keep you updated.

NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS

RULES AVAILABLE FOR SOME INDUSTRIES

In 1994, a General Provisions Rule was issued to establish a consistent set of requirement

for NESHAPs under the air toxics provisions of the Clean Air Act (Item I-20).

EPA has finalized rules which affect many small businesses, including Halogenated Solv

Cleaning Processes (I-21), Chromium Electroplating and Anodizing Operations (I

Ethylene Oxide Emissions from Commercial Sterilization and Fumigation Operations (I

Dry Cleaners--rule amended 9/16/96 relative to certain transfer machines (I-27), Aerospa

Manufacturing and Rework--amendments and control techniques guidelines proposed

10/29/96 (I-40), Wood Furniture Manufacturing (I-41), and Printing and Publishing (I

Rules have been proposed for Consumer Products (I-43), Automotive Refinish Coatings

4/30/96 (I-44), and Architectural Coatings--6/25/96 (I-45), with Final Rules expected in

1997. Proposals affecting other business processes and/or products, including Mineral W

Production, will be forthcoming in the near future.

The NESHAP for Hazardous Organic Compounds (HON) in production operations,

primarily in Synthetic Organic Chemical Manufacturing, was issued in 1994. Amendmen

and/or revisions were issued in 1995, and on 10/8/96 and 12/5/96. The latter two exclude

some volatile organic compounds and ease implementation plan requirements (I

CAA LIST OF SOURCE CATEGORIES AND SCHEDULE FOR REGULATING

HAZARDOUS AIR POLLUTANTS

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On 6/4/96, EPA published a revision to the Initial List of Categories of Sources,

under Section 112 (c)(1) of the Clean Air Act of 1990, and a revised Schedule for the

Promulgation of Emission Standards for the above categories (I-28).

STATE MOTOR VEHICLE INSPECTION/MAINTENANCE PROGRAMS

PROVIDED MORE FLEXIBILITY

In 1992, EPA published a Final Rule making the subject programs tougher, including a

requirement for "test only" stations. Our Office raised strong objections to that

of the adverse impact on many small businesses. In 1995, EPA published a Final Rule

allowing the States flexibility in designing their enhanced auto inspection programs. This

rule was amended on 9/23/96 (I-29).

PERCHLOROETHYLENE (PCE) HEALTH EFFECT STUDIES

EPA evaluation of toxicological and carcinogenic studies related to PCE, declared a

hazardous air pollutant by the Clean Air Act, have been delayed pending the completion 

new carcinogen risk-assessment guidelines, expected in 1997.

PERCHLOROETHYLENE (PCE) SUBSTITUTES

According to the 10/26/96 issue of Science and Technology News, dry cleaning equipme

using liquid carbon dioxide, instead of PCE, is scheduled to be marketed in June

STRATOSPHERIC OZONE PROTECTION CFC PHASEOUT RULES

An accelerated phase-out of the production of Chlorofluorocarbons (CFC), Halons, Carbo

Tetrachloride, Methyl Chloroform, and Hydrochlorofluorocarbons (HCFC) was mandate

and internationally endorsed, in 1992 (I-5). A Final rule detailing the above phase

Methyl Bromide added, was issued (I-15). Final rules also have been issued controlling:

Recovery and recycling of CFCs during the servicing of on-road motor vehicle air

conditioners (I-14), Emissions reduction and use of certified personnel during

disposal of all other air conditioning and refrigeration equipment which use ozone depleti

substances (I-16), Banning the use of CFCs and HCFCs in non-essential products (I

Labeling of products containing ozone depleting substances, and their packaging (I

Significant new alternative refrigerants (I-19). On the last rule, the list of acceptable

substitutes was expanded on 9/5/96, and restrictions or prohibitions were imposed on

10/16/96.

CLEANING PRODUCTS INTERACTIVE TELECONFERENCE

For information on the national teleconference on 4/17/97, related to formulation, use and

disposal of cleaning products, contact Janyce Riess at (919) 541-2353. EPA expects to

finalize related Consumer Products rule in 1997.

CAA FIELD CITATION PROGRAM AND MONETARY AWARD UP-COMING

FINAL RULES

The proposed Rule allowing EPA field inspectors to levy immediate, on-the-spot fines is

expected to become Final early in 1997. The proposed Rule authorizing cash awards to

citizens reporting violations of AIR regulations, if they lead to criminal convictions or fin

is expected to be Final by mid-1997. See I-12 for both.

RISK MANAGEMENT PLANS (RMP)/CHEMICAL LIST AND THRESHOLDS

RULES

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The Final Rule requiring development and implementation of RMPs was published 6/20/

list and thresholds published in 1994 (I-30). Six trade associations challenged various

requirements in Court. It is expected that the petitioners and EPA General Counsel will m

during the first quarter of 1997 to discuss the issues raised.

NEW GUIDANCE FROM EPA ON POTENTIAL TO EMIT (PTE)

In 1995 EPA issued guidance relative to the definition of PTE under the Clean Air Act. P

is important because of its relation to the need for a State Operating Permit under Title V

This Office has advocated for the consideration of small businesses relative to

realistic definitional parameters, and alternatives. On 8/29/96, EPA issued an extension o

1995 "transaction" policy, and a clarification of methods for calculating PTEs in Batch

Chemical manufacturing (I-31).

NEW CLEAN AIR ACT COMPLIANCE ASSISTANCE ENFORCEMENT POLIC

FOR SMALL BUSINESSES

In 1994, EPA's Office of Enforcement and Compliance Assurance issued a policy giving

small businesses a limited grace period to correct violations revealed during requested

assistance from a State Small Business Assistance Program established under

the CAA (I-13).

NESHAP: ASBESTOS PROCESSING (DELISTING)

The asbestos processing area source category has been removed from the initial list of

categories of sources and schedule for standards for major and area sources of hazardous 

pollutants. The Agency believes that no source in the category emits asbestos in quantitie

that pose an individual risk greater than one in one million and that the previous

determinations that asbestos emissions from these plants pose a threat of adverse health

effects is no longer supportable, 11/30/95 FR p. 61550. Guidance for Asbestos Processing

April 1996 (Item I-38).

Clean Water Act

NEW EFFLUENT GUIDELINES FOR SEVERAL INDUSTRY SECTORS

Effluent guidelines are regulations for industrial discharges to surface waters and to publi

owned treatment systems. In 1996, EPA's Office of Water issued final effluent guidelines 

two industries: (i) pesticide formulating, packaging, and repackaging and (ii) coastal oil a

gas extraction. For each of the final rules, the Agency analyzed the potential economic

impacts on small businesses and concluded that the rules would not result in a significant

impact on a substantial number of small entities.

During 1997, EPA's Office of Water will be working on effluent guidelines for the follow

industries: industrial laundries; landfills and incinerators; transportation equipment cleani

centralized waste treatment; metal products and machinery; pharmaceutical manufacturin

pulp and paper; and iron and steel. For the first two industries in this list, the Agency

issue the rules as proposals and solicit comment during 1997. The Agency is preparing to

convene small business advocacy review panels for two of these rules -- industrial laundr

and transportation equipment cleaning -- during the first few months of 1997. Other pane

may be convened later in the year.

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SAFE DRINKING WATER ACT: STRATEGY FOR MANAGEMENT OF

WELLS

Class V wells are shallow wells which inject a variety offluids directly below the land

surface. They include shallow non-hazardous industrial waste injection wells,

storm water drainage wells, and other wells that have been found in some instances to

emplace potentially harmful levels of contaminants into and above underground sources o

drinking water. In accordance with a consent agreement between EPA and the Sierra Club

Legal Defense Fund (SCLDF), the EPA's proposed approach for the management of Clas

injection wells was published in the Federal Register (60 FR 44652) on August 28, 1995.

After review of the public comment on the proposed approach, the Agency has elected to

explore other options for the management of Class V wells. Currently, the Agency is wor

with the SCLDF to establish a new schedule for Class V rule promulgation.

NPDES PERMIT APPLICATION REGULATIONS FOR STORM WATER

DISCHARGES UPDATE (FINAL RULE)

For the first phase of the storm water program, EPA published the initial permit applicati

requirements for certain categories of storm water discharges associated with industrial

activity and discharges from municipal separate storm sewer systems located in

municipalities with a population of 100,000 or more on November 16, 1990 (55 FR p.

47990).

The November 16, 1990, storm water regulations presented three permit application optio

for storm water discharges associated with industrial activity. The first option is

individual application consisting of Forms 1 and 2F. The second option was to have

participated in a group application. This option is no longer available as the deadlines hav

passed. Using the group application information, EPA developed the industrySector General Permit to provide NPDES permit coverage, to any facility that meets the

stipulated eligibility requirements, regardless of participation in the group application

process. This storm water permit was published September 29, 1995 in FR Vol. 60, No. 1

and provides coverage for 29 different industrial sectors under one permit and is part of th

EPA's program to give permittees flexibility and incentives to pursue effective storm wat

controls tailored to their local situation. The third option is to file a Notice of Intent (NOI

be covered under a general permit. For more information on any of these options or to

request an NOI Form (Form 1 or 2F), please call Office of Water Resource Center (202) 

7786. All storm water discharges associated with industrial activity that discharged point

sources of storm water on or before October 1, 1992, must have had permit coverage by

October 1, 1993. Controls are implemented by way of the storm water pollution preventio

plan, a flexible, site-specific document.

The next phase of the storm water program is currently under development and several

approaches to control adverse storm water impacts from all remaining potential

pollutant sources are under consideration. The primary objective is to maintain water qua

standards. For the name and phone number of the Storm Water primary contact for your S

and the EPA Regional contact, phone us at (800) 368-5888 and request Item G

of the Storm Water Program."

REVISION OF NPDES INDUSTRIAL PERMIT APPLICATION REQUIREMENT

AND FORM

This Proposed Rule would update the existing regulation that requires all existing

manufacturing, commercial, mining, and silvicultural operations to submit an application 

order to obtain a National Pollutant Discharge Elimination System (NPDES) permit. The

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existing form has not been revised since 1984 and must be updated to reflect statutory

regulatory changes in the NPDES program, advances in scientific methods and an increas

emphasis on toxics control. The revised form will streamline data and information collect

by consolidating the information required in two existing forms, deleting certain pollutan

parameters from the application and allowing electronic transfer of application data to the

Agency. The revised form will also clarify issues regarding which pollutants are

to be discharged by the permit and therefore shielded from enforcement actions by the

Agency. The proposed rule is planned for September 1997, and will include consultation

with a small business panel.

PUBLIC MEETING ON THE EFFLUENT LIMITATIONS GUIDELINES AND

STANDARDS FOR THE INDUSTRIAL LAUNDRIES (IL) INDUSTRY

A public meeting will be held on Tuesday, March 4, 1997 for those in the Industrial

Laundries Category including facilities that launder or dry-clean industrial garments and

uniforms, shop towels, printer towels, mops, mats, and dust control Items.

Pesticides - Federal Insecticide, Fungicide & Rodenticide Act

AGRICULTURAL PESTICIDE WORKER PROTECTION STANDARDS UPDAT

In 1992, EPA revised the Code of Federal Regulations (40 CFR, Parts 156 and 170) to

provide basic occupational safety and protection from pesticide exposure for agricultural

workers employed on farms and in forests, nurseries, and greenhouses. The final regulatio

known as the Worker Protection Standard (WPS). In addition, the EPA published a

The Worker Protection Standards (WPS) for Agricultural Pesticides - How to Comply [E

735-B-93-001], which is included in the Item F-15.

On May 5, 1995 EPA published (FR pp. 21944-68) five final rule changes, and on June 2

1996 EPA published two Final Rule changes (FR pp. 33202-13), for further implementati

of the WPS. Fact Sheets on these actions are included in Item F-15. A Proposed Rule cha

covering glove requirements is anticipated later this Summer (1997). As they become

available, these rule changes will be included in Item F-15.

RESTRICTED USE CRITERIA FOR PESTICIDES IN GROUND WATER

PROPOSED RULE

A Proposed Rule was published, in the May 13, 1991, FR pages 22076-9, which presente

options for adding new "restricted" pesticide use criteria based on the potential for ground

water contamination. The comments are now under analysis, and a Final Rule is to be

prepared for publication in September 1996.

Hazardous Waste Management Resource Conservation & Recovery

HAZARDOUS WASTE LAND DISPOSAL RESTRICTIONS UPDATE

Congress, in the Hazardous Solid Waste Amendments (HSWA) of 1984 to the Resource

Conservation and Recovery Act (RCRA), established a timetable for restricting land disp

of hazardous waste unless properly treated. Treatment standards have been finalized for

newly listed hazardous wastes and hazardous debris. An issue which has been under

consideration is the September 25, 1992, Court decision vacating the deactivation treatme

standards for certain ignitable (D001) and corrosive (D002) wastes. To avoid any

disposal of the wastes at issue, an Interim Final Rule; Land Disposal Restrictions Whose

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Treatment Standards Were Vacated, was published in the FR on May 24, 1993, (FR pp.

29859-87) and a copy of this Interim Final Rule is included with Item C-67, Land

Restrictions for Third Scheduled Wastes.

Other rule-making relating to the September 25, 1992, Court decision is the "Phase III" F

Rule to establish treatment standards for formerly characteristic wastes primarily manage

land based waste-water treatment systems, whose ultimate discharge is regulated under th

Clean Water Act (CWA), and to establish treatment standards for newly listed carbamate

and organobromine wastes. The Final (Phase III) Rule was published (4/8/96 FR pp.

668) with subsequent corrections and revisions listed as Item C-88. The "Phase IV" Propo

Rule addresses whether land based waste-water systems would provide treatment equival

to that under the Land Disposal Restriction (LDR) program. Treatment standards for

preserving wastes are scheduled to be set forth in a Final Rule in April, 1997. The second

supplemental proposal on treatment standards for toxicity characteristic metal wastes and

metal constituents of other wastes is also scheduled for April, 1997. The Final Rule for th

wastes is now anticipated for April 1998. Publications of the Proposed Rule for "Phase IV

and Definitions and Clarifications, Supplemental Proposals are found in the 8/22/95,

10/25/95, 1/25/96 and 3/25/96 FR and are listed in the Item C-89. The FR Notices on the

forthcoming rule-makings will also be included in Item C-89 as they become available.

UNIFORM HAZARDOUS WASTE MANIFEST UPDATE

Further Rule-making actions under consideration which address management of

wastes include a revision of the Uniform Waste Manifest to reduce the paperwork burden

associated with the manifest consistent with the current Agency objectives for burden

reduction. Currently, states may require additional information to be supplied on the

in the optional blocks provided on the form. This can become burdensome when waste m

be transported to several different states and each state has slightly different requirements

The Agency seeks to reduce the burden of the manifest by streamlining the form and utili

automated information technologies where they facilitate access to and storage of manife

data while preserving the positive features of the current system which are effective in

protecting human health and the environment.

The hazardous waste manifests are currently regulated at the state level. Some states requ

payment of a fee for furnishing clear copies of the manifest used in the state. (See Item

EPA Small Quantity Generator Handbook Update on this page.)

HAZARDOUS WASTE IDENTIFICATION RULE RE-PROPOSAL

Other rule-making actions concerning management of hazardous wastes which have been

reported in the FR, and referenced in prior Updates concerned the December 9, 1991, U.S

Court of Appeals ruling which vacated the previously promulgated "mixture"

from" rules. EPA, after reviewing comments on a Proposed Rule addressing the Definitio

Hazardous Waste deemed it appropriate to withdraw the proposal and to remove the

expiration date from the reinstatement of the "mixture" and "derived-from" rules. These

actions were taken in the FR of October 30, 1992, pp. 49278-80, included in Item C

now has published a Proposed Rule (FR December 21, 1995, pp. 66344-469) under the ti

"Identification and Listing of Hazardous Waste: Hazardous Waste Identification Rule." T

proposes a "self-implementing" exemption for low-risk listed hazardous wastes, while sti

protecting health and environment. This Proposal includes a risk analysis that

variety of exposure pathways and receptors. The Final Rule is scheduled for publication i

the FR, February, 1997.

A companion rule-making proposing alternative regulations for environmental media

contaminated with hazardous waste was proposed on 4/29/96 (FR pp. 18779-864). This R

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proposes to establish exemption standards for certain low-risk contaminated media, so tha

they may not necessarily be subject to all hazardous waste management requirements. Th

Final Rule covering these standards scheduled for publication in the FR, June, 1997. Thes

proposed rules are included in the Item C-87, and will be replaced by the Final Rules as t

become available.

HAZARDOUS WASTE MANAGEMENT: MERCURY LAMPS RULE-MAKING

STATUS

Rule-making action on management of hazardous waste addressing "Mercury

Lamps," has been considered. A Proposed Rule was published on July 27, 1994,

38289-304. The objective of the Proposed Rule is to obtain comment on two options: the 

was to provide an exclusion for the mercury containing lamps (which include fluorescent

lamps) from regulation as hazardous waste provided disposal is made in permitted

and the other was to add mercury lamps to EPA's Universal Waste Rule (see Item C

Hazardous Waste Recycling. Over 300 public comments have been received on the Propo

Rule. A supplemental analysis is now underway and a Final Rule is expected to be compl

in late 1997. The Proposed Rule on mercury lamps is included in the Item C-80.

NEW HAZARDOUS WASTE RECYCLING REGULATIONS

EPA has promulgated new streamlined hazardous waste management regulations governi

the collection and transportation of certain wastes which are frequently recycled, such as

batteries, recalled pesticides, and mercury thermostats, termed "Universal Wastes." This

Final rule (5/11/95 FR pp. 25491-551) is included in the Item C-51. This rule greatly

facilitates the environmentally-sound collection for proper recycling procedures and wast

management, and is the Final Rule stemming from a Proposed Rule which was published 

February 11, 1993 FR pp. 8102-34. A Supplemental Notice was also published on

1994, FR pp. 31568-9 which announced availability of cost data supportive of the Propos

Rule. Further Rule-making is now underway to revise the general requirements which wi

concern generators and hazardous waste recyclers, and a Notice of Proposed Rule

anticipated for 6/97.

EPA SMALL QUANTITY GENERATOR HANDBOOK UPDATE

A new handbook has been published, "Understanding the Hazardous Waste Rules

Handbook for Small Business--1996 Update" [EPA-530-K-95-001], June 1996, which is

available in Item C-10. Also included along with the Handbook in Item C-10 is an

Addendum, which provides information on Department of Transportation regulated waste

transport requirements and domestic sewage requirements for hazardous wastes. In additi

in an "Appendix A," the Regional and State contacts for the regulated waste program are

"updated," and notations are made on which States require fees for obtaining copies of th

Waste Manifests for transport of the waste generated. Other appendices in the Addendum

provide sources of information and guidance on waste minimization and pollution

prevention.

USED OIL MANAGEMENT COURT CHALLENGE UPDATE

On 1/19/96, the United States Court of Appeals for the District of Columbia Circuit

the Environmental Protection Agency's (EPA) 11/30/95, administrative stay of part of the

regulatory provision, known as the "used oil mixture rule," set forth in 40 CFR 279.10(b) 

The provisions of the used oil mixture rule at issue relate to mixtures of used oil destined 

recycling and characteristic hazardous waste (including waste listed as hazardous because 

exhibits a hazardous waste characteristic).

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This series of events has been quite involved, so to inform those concerned with the Cour

action taken, the EPA has published a Final Rule concerning used oil, in the Federal Regi

6/28/96 FR pp. 33691-3, which is included in Item C-36. This Rule clarifies the regulator

status of used oil and hazardous wastes destined for recycling described above, in light of 

Court's vacatur of the Administrative Stay, and eliminates the explanatory note to 40 CFR

279.10(b) (2), which was included in the notice of the administrative stay. In response

Court Order, EPA is now reviewing the used oil mixture rule, including review of data

submitted by industry in anticipation of a future rule-making.

Emergency Planning, Community Right-To-Know Act

SUPPORTING THE STATE LOCAL EMERGENCY PLANNING COMMITTEES

(LEPC)

One major requirement of the Act includes emergency planning; reporting accidental rele

of designated hazardous substances (Extremely Hazardous Substances, or "EHS")

threshold reporting quantities; submission of Material Safety Data Sheets (MSDS) to

planning groups; and submission of annual reports on March 1, yearly, covering inventor

of hazardous substances, which for any time in the reporting year exceed the stated report

thresholds. These requirements are explained in the "Community Right-to- Know and Sm

Business" pamphlet, Item K-32. A Final Rule was published on 5/7/96 (FR pp. 20473

effective 7/8/96, on changes in the EHS list and reportable quantities. This Final Rule is

included in K-30.

SUPPORTING THE NATIONAL TOXIC RELEASE INVENTORY (TRI) PUBLIC

DATA RELEASE

Another EPCRA requirement is for manufacturers (SIC Codes 20 through 39) with 10 or

more employees to submit "Form R" reports to the EPA annually on July 1st for the "Tox

Release Inventory" (TRI) listed chemicals when they are either "used," manufactured, or

incorporated into products in quantities above stated thresholds. These "TRI" reporting

instructions for the calendar year 1995 reports are included in Item K-45. EPA has added

chemicals to the list of reportable chemicals. The Final Rule including this list was publis

on November 30, 1994, in the FR, page 61432-87. This Final Rule (included in Item K54

was initially effective for the calendar year 1995 TRI (Form R) report year, as

the 1/29/96 FR pp. 2272-3. It may be of interest to note that four lawsuits were filed in th

S. District Court for the District of Columbia which challenged the procedures applied by

EPA in selecting the additional chemicals to be reported, and alleged that the scientific da

supporting listing for certain specified chemicals were inadequate. However, on May 1,

1996, the U.S. District Court upheld the EPA's Final Rule.

EPA has also undertaken rule-making directed to expansion of the SIC Code base to be u

for submission of the Form R Reports, and a Notice of Proposed Rule-Making has been

published, 6/27/96 FR pp. 33588-618. This notice is now included in the SBO Item K

the proposal, it was estimated that approximately 64,000 additional facilities would be

required to submit Form R, which would increase the total number by about 30%. Additio

industries targeted for reporting included: metal mining; coal mining; electric utilities;

commercial hazardous waste treatment; chemicals and allied products-wholesale; petrole

bulk stations-wholesale; and solvent recovery services.

It is now anticipated that the Final Rule on the SIC Code expansion will be published ear

this year (1997). And, as soon as it is published in the Federal Register (FR), copies of th

Final Rule will replace the Notice of Proposed Rule-making now included in Item K

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There are two other changes in the Toxic Release Inventory (TRI) reporting now

consideration by the EPA. One change concerns addition of more data elements for the T

reporting and an Advanced Notice of Proposed Rule-making on the additional data eleme

to be considered has been published in the 1/1/96 FR pp. 51321-331, and the comment pe

on this Notice has been extended to February 28, 1997 by FR Notice of January 3, 1997 p

365-6, and these are included in Item K-59. The other change would involve lowering the

reporting thresholds on high-risk items. An Advanced Notice of Proposed Rule

this proposed change is currently scheduled for publication in Fall of 1997.

Superfund Comprehensive Environmental Response, Compensation &

Liability Act

CERCLA LENDER LIABILITY GUIDANCE

One of the goals of the Final CERCLA Lender Liability Rule, published on April 29, 199

FR pp. 18344-85, was to allow lenders to work with their borrowers without necessarily

incurring liability. However, in February 1994, the U.S. Court of Appeals in the case, Ke

vs. EPA, struck down this Rule, finding that the EPA lacked authority to define the scope 

liability by regulation. Following the Court action, guidance was drafted to "translate" the

Rule into a policy statement addressing lender liability, and involuntary government

acquisitions. This policy statement was issued December 11, 1995. A Fact Sheet on

Superfund on lenders was published in August, 1996. The Rule and the policy statement 

included in Item D-17.

Toxic Chemicals & Toxic Substances Control Act

LEAD-BASED PAINT HAZARD INFORMATION REQUIREMENTS BEFORE

SALE OR LEASE OF PRE-1978 HOUSING

This is a joint HUD/EPA regulation requiring the following before the sale or lease of pre

1978 housing: (1) disclosure of lead-based paint hazards; (2) provisions of a lead paint

information brochure to the prospective buyer or renter and for buyers; (3) the opportunit

conduct a lead risk assessment or inspection. The Final Rule (Item E-41) was published

the 3/6/96 FR pp. 9064-88.

LEAD BASED PAINT TRAINING, ACCREDITATION AND CERTIFICATION

RULE AND MODEL STATE PLAN RULE

The Residential Lead-based Paint Hazard Reduction Act of 1992 mandates EPA to

promulgate regulation governing lead-based paint activities to ensure that individuals

engaged in such activities are properly trained; that training programs are accredited; and

that contractors engaged in such activities are certified. Program Accreditation, Individua

Certification and Work Practice Standards were published in Final Rule: 8/29/96 FR pp.

45813-30 (Item E-40).

LEAD: PROPOSED SIGNIFICANT NEW USES

EPA is exploring the possibility of issuing significant new use rules (SNUR) for certain

of elemental lead (P6) and lead compounds under Section 5(a)(2) of the Toxic Substance

Control Act. The SNUR would require persons to notify EPA at least 90 days before

commencing the manufacture, import or processing of lead compounds. Advance Notice 

Proposed Rulemaking 9/28/94 FR pp. 49484-91 (Item E-46).

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REFACTORY CERAMIC FIBER: PROPOSED SIGNIFICANT NEW USE OF A

CHEMICAL SUBSTANCE

EPA is proposing a significant new use rule (SNUR) under Section 5(a)(2) of the Toxic

Substances Control Act (TSCA) which would require persons to notify EPA at least 90 d

before commencing the manufacture, import, or processing of refactory ceramic fiber (RC

in any new product form or any new applications of an existing product form notice.

Proposed Rule 3/21/94 FR p. 13294, 5/4/94 FR 23041, 12/8/94 FR p. 63299, 1/5/95 FR p

1775, 7/3/95 FR p. 34532, 9/10/96 FR p 47752 (Item E-53).

General

POLLUTION PREVENTION BY AND FOR SMALL BUSINESS

The Pollution Prevention By and For Small Business project summaries for Rounds 1 and 

are still available. Two publications contain detailed descriptions of 29 small business

projects (14 for Round 1 and 15 for Round 2) that were designed to demonstrate the

application of innovative pollution prevention technologies and techniques. A wide variet

projects which were supported by EPA and small business sectors are represented.

Innovative Clean Technologies Case Studies, First Year Project Report and Innovative C

Technologies Case Studies, Second Year Project Report are available from Karen V.

Small Business Ombudsman, U.S. EPA, 401 M Street, S.W. (1230-C), Washington, D.C

20460. Please call the toll-free hotline at 800-368-5888 for more information.

FINAL POLICY ON ENVIRONMENTAL SELF-AUDITING AND SELF

DISCLOSURE

On December 22, 1995, EPA issued a final policy on incentives for businesses to volunta

discover, disclose, and correct violations of environmental rules and requirements (12/22/

FR pp. 66705-12). The policy is effective January 22, 1996.

Provided a company meets all nine policy conditions, there will be no gravity-

(punitive) penalty, but any economic benefits may be collected. However, if the discovery 

not through a formal audit or systematic self-policing, although the other eight

met, the gravity-based penalty will be reduced only 75% (Item I-13).

NEW INTERIM POLICY ON COMPLIANCE INCENTIVES FOR SMALL

BUSINESSES

On May 20, 1996, EPA's OECA issued a policy providing incentives for auditing or

compliance assistance, and promptly correcting violations. It applies the principles of the

Clean Air Act Section 507 Policy of August 12, 1994 to other environmental programs (s

Item I-13).

FOR SMALL BUSINESS

The U.S. EPA's voluntary Energy Star programs, since 1990, have helped businesses

the country "prevent pollution at a profit" through energy efficiency. EPA has provided

technical information and customer support, through which Energy Star Partners have ear

energy savings averaging 30-50 per cent. Now, a new program designed for smaller facili

--Energy Star Small Business--is available.

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Every time a light or a computer or a motor is turned on, a power plant consumes some ty

of fuel to generate electricity. This in turn leads to pollution, because when fossil

burned to produce electricity, chemicals that contribute to air pollution are released.

The Energy Star Small Business Program provides an Upgrade Guide, case studies, fact

sheets, a toll-free customer support hotline, a Finance Directory and an interactive Web s

Small Business Partners can also receive public recognition for their "success stories" and 

eligible for national awards.

For more information about the ENERGY STAR Small Business Program, call the toll

hotline at 1-888-STAR YES, or visit the Web site at www.epa.gov/smallbiz

EPA's COMMON SENSE INITIATIVE UPDATE

The Common Sense Initiative (CSI) is a fundamentally different vision of environmental

policy. Through this initiative, EPA has convened representatives from federal, state, and

local governments, community-based and national environmental groups, environmental

justice groups, labor, and industry to examine the full range of environmental requiremen

impacting six pilot industries--automotive manufacturing, computers and electronics,

and steel, metal finishing, petroleum refining, and printing. These six environmental

regulations into comprehensive strategies for environmental and public health protection 

all can agree to, with an emphasis on pollution prevention, instead of end-of-pipe

The initiative reflects the EPA's commitment to setting strong environmental standards, w

encouraging common sense, innovation, and flexibility in how they are met. The goal: a

cleaner environment at less cost to taxpayers and industry.

The six teams are meeting frequently and have several exciting projects underway, includ

the following projects with a small business focus.

The "Access to Capital" project is identifying barriers that metal finishing firms 

in obtaining funding for pollution prevention and other environmental expenditures

and exploring innovative solutions;

The printing sector is developing a permit system for printers that provides

operational flexibility, reduces pollution across all media (air, water, land), and

improves protection of workers, communities and the environment. The system

simpler for regulatory agencies and these small businesses to implement and manag

assure compliance, and enhance access for the public;

The "New York City Education Project" will achieve fundamental change within

the printing sector to incorporate the philosophy of pollution prevention into everyd

work practices through education and outreach. The initial target of this project wil

small printers, followed by customers and suppliers;

The "New England CLEAN Project" provides pollution prevention assistance an

compliance incentives to local metal finishers in Maine and New Hampshire to ach

measurable environmental results and increased compliance, with a goal of

new compliance approach for metal finishers nationwide;

In Detroit and Cleveland, the metal finishing sector is working with local metal

finishers to test and develop low-cost pollution prevention technologies which enab

these small businesses to meet or exceed chrome MACT standards, at less

results will be made available nationwide;

The "National Resource Center and Guidance Manual Project" is developing

essential compliance tools for metal finishers nationwide. The Resource Center, no

being established, will provide on-line information on regulatory requirements,

pollution prevention, and technology options. The Metal Finishing Guidance Manu

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co-funded by the industry and EPA, will provide a shop floor tool for plant manage

to achieve compliance and pursue continuous improvement.

The metal finishing sector's "Reporting Information Inventory Team Evaluation

(RIITE) Project" assesses cumulative burden and public data needs in specific

geographic areas, and conducts business process reengineering of all reporting

requirements. Pilot projects are now underway in Arizona and Texas.

The "Research and Technology Strategic Plan Project" is developing a research

inventory, needs assessment/match with research programs, and plans for targeted

technology development and diffusion to metal finishers.

For more information on the CSI, please call the CSI Program Staff on 202-260

SOURCE BOOK ON ENVIRONMENTAL AUDITING

EPA's Environmental Auditing Source Book for Small Business is a compilation of the

bibliography, the training list and a summary matrix of these trainings that will act as a qu

reference to the fifteen courses listed. This and other guidance documents can be obtained 

calling the EPA SBO's Office at (800) 368-5888.

1997 STATE SMALL BUSINESS OMBUDSMAN AND ASSISTANCE PROGRAM

CONFERENCE

The State Small Business Ombudsman and Small Business Technical Assistance Program

which are required under Section 507 of the 1990 Clean Air Act to aid small businesses

impacted by air quality regulations, will hold their conference in Charleston, South

on February 11-13, 1997.

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