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January 1996 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

Outreach Activities

Clean Water Act

Pesticides

Hazardous Waste

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Hotlines

Regional Contacts

Status of High Visibility Actions

Clean Air Act

Right to Know

Superfund

Toxic Chemicals

General

EPA's Administrator Want To Hear From You!

Speaking to the delegates to the White House Conference on Small Business,

Carol Browner announced EPA's new common sense initiatives to environmental protect

and reducing the regulatory burdens on small business. She wants you to kn ow more abo

them. Please call 800-368-5888 or 703-305-5938 in Virginia, for a free brochure describi

these new policies. Read it . . . then call or write to us with your comments and/or

suggestions. We need and want your input . . . your ideas. Yo u can make a difference, so 

it now. I will make sure that your comments are placed at the highest decision making lev

in the Agency. I look forward to hearing from you . . . soon.

Sincerely,

Karen V. Brown

p.s. Please accept my apologies for the severe delay in production of this publication whi

due to Budget Agreement factors beyond my control.

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 i

development and enforcement of environmental regulations.

Recent And Future Outreach Activities

The Office of the Small Business Ombudsman (OSBO) continues extensive outreach effo

by assisting with training seminars, speaking to trade groups, and sending informational

packages to small businesses trade associations and individuals conc erned with EPA

regulations. If you desire a speaker or representative at your next meeting/conference, ple

contact the OSBO at our Toll-free phone number (8OO) 368-5888 or our local

305-5938. Since the last UPDATE, in January 1995, this Office has participated in the

following events:

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January 4, 1995 (Outreach)

EPA Assist. Admin. for Air & Radiation/

Small Business Trade Assn. Executives

Washington, DC

January 12, 1995 (Meeting)

EPA Regulatory Policy Council--EPA Deputy

Administrator & EPA Senior Managers

Washington, DC

February 16, 1995 (Outreach)

EPA Assist. Admin. for Enforcement & Compliance

Assurance/Sm. Bus. Trade Assn. Representatives

Washington, DC

March 7 - 8, 1995 (Conference)

Environmental Auditing Institute Conference

Holiday Inn, Old Town, Alexandria, VA

March 23, 1995 (Speech)

National Foundation of Funeral Services

Mayflower Hotel

Washington, DC

April 4, 1995 (Outreach)

EPA Assist. Admin. for Water/

Small Business Trade Assn. Representatives

Washington, DC

April 20, 1995 (Outreach)

EPA Small Business Ombudsman/

Sm. Bus. Trade Assn., NFIB

Washington, DC

May 16, 1995 (Meeting)

Senate Small Business Committee, Keith Cole

Russell Senate Office Bldg.

Washington, DC

June 1, 1995 (Speech)

Hamilton Ruritan Club/

Hamilton Methodist Rural Christian Church

Hamilton, VA

June 15, 1995 (Speech)

The American Warehouse Association

Mayflower Hotel

Washington, DC

January 11, 1995 (Outreach)

EPA Associate Administrator/Congressional &

Legislative Affairs/Sm. Bus. Trade Assn. Execs.

Washington, DC

January 25 - 27, 1995 (Speech)

National Small Business Ombudsman &

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Technical Assistance Director Conference

Radisson

New Orleans, LA

March 1-2, 1995 (Meeting)

Compliance Assistance Workshop

OECA & State Assistant Programs

Ritz Carlton

Washington, DC

March 23, 1995 (Outreach)

Sm. Bus. Trade Assn. Executives/EPA SBO on Environmental Auditing

Washington, DC

March 26 - 28, 1995 (Speech)

McDonnell Douglas Corp. Aerospace 6th Annual

Small Supplier Conference & Fair

Stoffer Renaissance Hotel

St. Louis, MO

April 5, 1995 (Speech)

Nat. Assn. of Manufacturers/Sm. Bus. Council

Lowe's L'Enfant Plaza Hotel

Washington, DC

May 5, 1995 (Meeting)

Class V Wells, EPA OW/Small Trade Association Representatives

Washington, DC

May 24, 1995 (Outreach)

Solvent Degreaser Satellite Teleconference

Univ. of Tennessee, RTP-NC

Knoxville, TN

June 11 - 15, 1995 (Outreach)

Nat. White House Conf. on Small

Business/Administrator & Dep. Admin. & AA's

Washington Hilton Hotel

Washington, DC

June 18 - 23, 1995 (Paper)

88th Annual Meeting and Exhibition

Air and Waste Management Association

San Antonio, TX

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

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Watershed Info. Resource System

Indoor Air Quality Information Clearinghouse

Radon

Air Control Tech. Assistance Center

Mobile Sources Emissions

Stratospheric Ozone Protection (CFCs)

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

Storm Water: Office of Water Resource Center

Wetlands Information

Pollution Prevention Clearinghouse

RCRA (Haz. Waste) Ombudsman

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

Underground Storage Tanks

Emergency Planning & Community Right to Know (SARA Title III)

(EPCRA)

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

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National Pesticide Telecommunications Network (provides information

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

Office of Pesticide Program Registration Div. (Ombudsman)

Public Information Center

OTHER HOTLINES OR HELP LINES

Office of Environ. Justice

Recycling Hotline

Solid Waste Assoc. of North America

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 Clearinghouse (Operated by the

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

Department of Energy--National Alternative Fuels Hotline

Information Exchange--HAZMAT (operated by the Dept. of

Transportation and the Federal Emergency Mgt. Agency for questions

about the transportation of hazardous materials)

CHEMTREC Center for Non-Emergency Services (operated by the

Chemical Manufacturers Association--Health & Safety)

Environ. Health Effects

National Lead Information Center

(General Information)

(Technical Assistance)

Small Business Association

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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 Kathleen Malone (212) 637

3 DE, DC, MD, PA, VA, WV Mike Wilken (215) 597

4 AL, FL, GA, KY, MS, NC, SC,

TN

Annette Hill (404) 347

5 IL, IN, MI, MN, OH, WI Glynis Zywicki (312) 886

6 AR, LA, NM, OK, TX Al Coy (214) 665

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

8 CO, MT, ND, SD, UT, WY Environmental

Info.

(303) 312

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

10 AK, ID, OR, WA Floyd Winsett (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 Ombudsma n'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 so

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

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Hosted second National Small Business Ombudsman and Technical Assistance

Program Conference attended by 47 States and 2 Territories (200 participants), and

have set plans for a third Conference early in 1996.

Developed external stakeholder guidance and acted as a principal participant in 

Agency's Fourth 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 Administrator, Deputy Administrator and 

Assistant Administrators to discuss small business issues.

Issued first environmental auditing newsletter titled "Small-Talk," with a small

business focus, in cooperation with the University of Maryland at Baltimore and th

Institute of Environmental Auditing.

Was EPA link with the White House Conference on Small Business and continu

work with the EPA Senior Managers and Small Business Administration to implem

conference recommendations made to EPA.

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.

Completed with the University of Tennessee's Industrial Services Center and the

EPA Office of Air Quality Planning and Standards, a Third National Satellite

Teleconference (Chromium Electroplating).

Implementing a grant for the development of on-site environmental

auditing/assessment educational and training materials to be field tested in Februar

1996.

Issued a grant for the development of materials and the conduct of State Compli

Advisory Panel training. Conducted State Small Business Compliance Advisory

Training Course in October 1995.

Conducted EPA Small Business Regional Liaison's Annual Conference in Augu

1995.

Advocated for small businesses in activities of EPA's Permit Improvement Team

Clean Air Act

CLEAN AIR ACT IMPLEMENTATION STRATEGY UPDATE

EPA's Office of Air and Radiation has prepared an Implementation Strategy for the Clean 

Act Amendments of 1990, which outlines the latest implementation schedule by industry f

developing and promulgating the nearly two hundred regu lations mandated under the new

Act's tight deadlines. Major issues will be addressed in the implementation process and th

steps that the Agency is undertaking to ensure the efficient and effective implementation 

the Act. Among the early deadlines to be met by the Agency are: regulations on ozone

depleting chemicals, operating permits, compliance extensions for early reductions of

hazardous air pollutants such as sulphur dioxide (acid rain); dry cleaner operations,

hazardous organic chemical manufact uring, halogenated solvents and degreasers, coke

ovens, and chromium electroplating; state vehicle inspection and maintenance program

requirements; as well as state implementation of Small Business Stationary Source Techn

and Environmental Compliance Assistance Programs required by Section 507 of the Act. 

a copy of the latest Implementation Strategy (November 1995), Facts on the Clean

Amendments, and Summary Materials, request publication Item I-11.

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AMENDMENT AND CHANGES TO THE OPERATING PERMIT PROGRAM

FINAL RULE

On July 21, 1992, EPA's final regulation for State operated air pollution permit programs 

published in the Federal Register (FR), (Item I-25). Under Title V of the Clean Air Act,

States must establish programs by November 15, 1994, for iss uing permits to covered

sources, primarily major stationary sources of air pollution. The Final Regulation specifie

the minimum requirements for developing and implementing a State program, including

requirements for permit application, issuance of revi sions, and fees. Under the Permit

Program, subject industrial sources of air pollution (including thousands of smaller

businesses) will be required to obtain renewable operating permits and pay annual permit

fees based on their emissions of regulated air pollutants under the Act. EPA will defer som

permit requirements for smaller pollution emission sources for non-specified periods, unt

the Agency completes rule-makings to either exempt a given non-major source category o

permanent basis or to require permitting. The Final Rule also allows States to issue a gen

permit covering numerous similar small sources. Under a general permit, a small source n

only submit necessary information covering its eligibility for the general permit, thus gre

reducing administrative burdens. The office of the Small Business Ombudsman strongly

encourages this provision. A second Final Rule (Item I-25), which augments the

was issued on May 20, 1994. This Rule stipulates that a major source must submit an

application within 18 months even though EPA misses a source category promulgation

"maximum achievable control technology" (MACT) standard date. The Rule establishes t

content for the application. In addition, in r esponse to recent litigation and other identifie

problems with the Permit Rule, revisions have been issued or proposed which are include

Item I-25. The most significant change is to restructure the process for revising permits t

provide more fle xibility to industry and permitting agencies.

More flexibility, pertaining to permit modifications, was issued on August 31, 1995 to all

states and companies to expedite changes to their operating permits and programs. Also, 

December 13, 1995, a Proposed Amendment was issued to provide for n on-major source

emission exemptions. These are included in Item I-25.

CLEAN AIR ACT STATE SMALL BUSINESS TECHNICAL ASSISTANCE

PROGRAMS UPDATE

Section 507 of the 1990 Clean Air Act Amendments, required each State to submit a revi

to their federally-approved State Implementation Plan (SIP) by Nov. 15, 1992, to establis

Small Business Technical Assistance Program to assist stati onary sources in complying w

the Act. Section 507 also requires the designation of a State office to serve as Small Busin

Ombudsman and the creation of a Compliance Advisory Panel for monitoring the

effectiveness of the Small Business Technical Ass istance Program. Comprehensive

guidelines entitled Guidelines for Implementation of Section 507 of the 1990 Clean Air A

Amendments to assist states with planning and implementation were published on Februa

1992 (Item I-35). Also, as an aid in program evaluation and program plan development, t

Agency published a SIP Revision Checklist for Section 507 Small Business Assistance

Programs in May 1992. The Agency is still in the process of reviewing and approving so

state plans. Sta te Programs were required to be fully operational by November 15, 1994.

However, as of this date, 45 States have appointed Small Business Ombudsman, 48 State

have a full or partially operational Technical Assistance Program, and 39 States have a fu

partially appointed Compliance Advisory Panel. We strongly urge you to use them.

CAA -- A GUIDE FOR SMALL BUSINESSES

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

was published in September, 1992, (Item I-36). Among other provisions, the Act establish

new Federal controls on small sources of air pollution that will u ltimately affect thousand

of small business establishments. This Guide is designed to provide small businesses

broad overview, as simply as possible, of the Act's complex requirements and component

and the effects these are likely to have on sm all business in general. The guide also provi

telephone numbers and addresses of agencies that can supply additional information. Also

accompanying the booklet is a four-page summary entitled "What A Small Business Shou

Know About the New Clean Air Act."

CAA LIST OF SOURCE CATEGORIES AND SCHEDULE FOR REGULATING

HAZARDOUS AIR POLLUTANTS

Section 112 of the Clean Air Act Amendments requires the Agency to develop a list of

source categories (and subcategories) for the establishment of emission standards for

hazardous air pollutants (HAPs) and a schedule for the promulgation of th ese standards f

each listed category of major and area source. On July 16, 1992, the Agency published in 

FR an Initial List of Categories of Sources Under Section 112(c)(1) of the CAA of 1990

on December 3, 1993, the Agency also published in the FR, the Final Schedule for the

Promulgation of Emission Standards (Item I-28). Facilities within the listed source catego

will be subject to emission standards developed in accordance with the schedule.

NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS

RULES AVAILABLE FOR SOME INDUSTRIES

The Agency has issued a Final Regulation entitled the "General Provision Rule" to establ

a consistent set of requirements under the air toxic provisions. The Rule was published on

March 16, 1994 (Item I-20). As noted in more detail elsewhere in t his Newsletter, EPA

responded to the need for National Emission Standards for Hazardous Air Pollutants

(NESHAP) for the dry cleaning industry (Item I-27), halogenated solvent cleaning proces

(Item I-21) and chromium electroplating and anodizing opera tions (Item I-22). Under

new Clean Air Act Amendments, the Agency has recently issued other new rules that affe

small businesses. The latest to be finalized are Rules to control Ethylene Oxide Emission

from Commercial Sterilization and Fumigation Operations (Item I-23); Wood

Manufacturing Operations (Item I-41); Proposed Cold Cleaning Operations (Item I

Proposed Standards for the Printing and Publishing Industry (Item I-42). In addition, rule

pertaining to Architectural Coat ings, Asbestos Processing, Mineral Wool Production,

Consumer Products and others will be forthcoming in the near future. EPA is also addres

National Emission Standards for hazardous organic compounds in production operations.

This rule-making is di rected at the development of a "Hazardous Organics

NESHAP" (HON). The Final Rule was issued and appeared in the FR on April 24, 1994, 

a series of amendments and corrections have also been issued pertaining to testing metho

and equipment leaks (Item I-24). A Final Rule for Aerospace Manufacturing and Rework

appeared in the FR on September 1, 1995 (Item I-40).

STATE MOTOR VEHICLE INSPECTION/MAINTENANCE PROGRAMS

PROVIDED MORE FLEXIBILITY

On November 5, 1992, the Agency published in the FR a new, stronger vehicle emission

testing rule. The Final Rule establishes a high-tech emissions test on an everybasis. The Rule requires Inspection and Maintenance (I/M) Programs to hav e separate "t

only" inspection stations. Repairs, for the most, must be done outside of the inspection

facility. Test procedures, test equipment and quality control requirements, as well as train

and licensing requirements, are outlined in the Rul e. This regulation impacts automotive

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service stations and repair shops currently involved with vehicle testing and repair, and al

consumers that have a registered motor vehicle. Considerable cost is involved in the purc

of the necessary test equip ment under the new l/M Rule. The program required will vary

each state or a particular city or metropolitan area within a state, depending on whether a

"decentralized basic program," "centralized basic program" or "enhanced program" is

required to me et air quality standards. The OSBO raised strong objections to the

Rule, noting that centralized testing programs would be very burdensome to small

businesses. On April 28, 1995, the Agency published a proposed rule in the FR allowing

flexibili ty for states in designing the enhanced auto inspection programs, and on August

1995, a Proposed Rule was issued relative to On-Board Diagnostic Procedures (Item I

PERCHLOROETHYLENE (PCE) HEALTH EFFECT STUDIES

In our previous Updates, we reported that toxicological and carcinogenic studies on

perchloroethylene (PCE) with laboratory animals have been under evaluation by EPA for

some time. The Agency's action as to whether per-chlorothylene (tetrachloroethyl ene)

should be considered as a "Group B-2" (Probable carcinogen) or "Group C" (Possible

carcinogen) is still pending. In May 1995 the EPA released a report titled "Response to

Issues and Data Submissions on the Carcinogenicity of Tetrachloroethylene," EP A 600/6

91/002F, dated September 1991. This report reviews issues concerning PCE carcinogenic

The report may be obtained from the Office of Research and Development Publications

Office by calling 1-513-569-7562.

In considering the hazard class of PCE, it must be born in mind that the EPA in its

making must follow the require-ments of the Clean Air Act Amendments of 1990, which

have listed PCE [Tetrachloroethylene, CAS No. 127-18-4] as a "Hazardous Air Po

llutant" [as known, or reasonably antici-pated to be "carcinogenic," among other

characteristics].

PERCHLOROETHYLENE (PCE) SUBSTITUTES

The Environmental Protection Agency has undertaken a study under its "Design for the

Environment Dry Cleaning Project" to address substitution of alternatives to PCE,

been listed as a "Hazardous Air Pollutant," by application of an in depth analysis called

"Cleaner Technology Substitutes Assessment" (CTSA). For the dry cleaning process, the

CTSA will examine alternative technologies such as "Multiprocess Wet Cleaning," "Mac

Wet Cleaning," "Liquid Carbon Dioxide Technology," and "Microw ave Drying" (use of

microwaves instead of heat for minimizing garment shrinkage in water based techniques)

connection with this study, the EPA is working with the Federal Trade Commission (FTC

render the garment care label "Dry Clean Only" less r estrictive. We will continue to keep

you apprised on the progress in this study.

PCE PROPOSED EXEMPTION AS OZONE PRECURSOR

By Notice in the October 26, 1992 Federal Register (FR), pp. 48490-2, EPA proposed to

exempt PCE from listing as a Vaporizing Organic Compound (VOC) for regulation unde

State Implementation Plans (SIP) as an ozone precursor. This proposal was offered on the

basis that PCE has negligible photochemical reactivity. It is anticipated that a Final

be published soon on this issue.

NATIONAL EMISSION STANDARDS FOR HAZARDOUS POLLUTANTS

(NESHAP) FOR DRY CLEANERS FINAL RULE

A Final Rule was published in the FR on September 22, 1993, and amended on Decembe

20, 1993, requiring all industrial, commercial, and coin-operated dry cleaning

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perchloroethylene to file a "status" of compliance report by June 18, 1 994. The Rule requ

a blend of equipment, operating practices, and maintenance procedures, oriented to the

quantity of perchloroethylene used each year by a facility. A consumption cutoff exempts

some smaller dry cleaners from the costs of required p ollution control equipment, althou

they must periodically check for and repair leaks. On December 13, 1995, the

a Proposed Rule to exempt certain "non-major source facilities." All of this is explained, 

the reporting forms are includ ed in Item I-27.

HALOGENATED SOLVENT DEGREASERS (NESHAP) FINAL RULE

The EPA published a notice on March 31, 1993, that under Section 112 of the Clean Air

Amendments of 1990, the Agency was obligated to promulgate a National Emission

Standard for Hazardous Air Pollutants (NESHAP) for the halogenated solvent cleanin

g/vapor degreasing category. This category was designated in the Federal Register (FR)

16, 1992, (FR pages 61970-2002), and is included in Item I-26. The halogenated solvent

degreasers Rule concerns solvent cleaners or degreasers using halo carbon solvents, i.e.,

solvents with concentrations of halocarbon compounds greater than 5% by weight.

for example, is made in the aerospace and motor vehicle manufacturing industries. Two b

types of solvent cleaning equipment are covered by the Rule standards: "Batch Cleaning,

and "On-line" or "Continuous Cleaning" equipment. As an alternative to complying with 

equipment standards, owners/operators may elect to demonstrate that a solvent cleaning

machine emits, in operation, less t han the overall solvent concentration limit as specified 

the standards. However, no alternative emission standards are set-forth for the "Batch" co

cleaning machines. The Final Rule was published on December 2, 1994, FR pp. 61801

and is included in Item I-21. For the facilities covered by the Rule, compliance is

"December 2, 1997." [This date was omitted at the end of Sub-part 63.460 (d) on page

61806.] A Technical Correction clarified this point (12/30/94 FR p. 67750) and a second

Correction was issued June 5, 1995, FR pp. 29484-5 which is also included in Item 21.

COLD CLEANING MACHINE OPERATIONS NOTICE OF PROPOSED

MAKING

For non-halogenated Vaporizing Organic Compound (VOC) cleaning agents, the EPA

published a Notice of Proposed Rule-making in the September 9, 1994, FR pp. 46602

notice withdraws a previous Notice of Proposed Rule-making (NPRM) published in th e J

11, 1980, FR p. 39765, proposing standards of performance for organic solvent cleaners,

including certain halogenated compounds for cleaning operations. This new VOC cleanin

agent Proposed Rule would set emission limits for reactive organic const ituents of miner

spirits, Stoddard Solvents, and naphthas, which are not covered by the Halogenated Solve

Cleaners/Degreasers NESHAP and, specifically, for immersion cold cleaning machines

having a solvent air interface area greater or equal to 1.8 me ter2 and those for which

construction commences subsequent to this Proposal. Ship, automotive, aerospace, and ot

manufacturing operations may use cold cleaning machines such as would be covered

this Proposed Rule. A copy of the Proposed Rule is included in Item I-21.

WOOD FURNITURE MANUFACTURING OPERATIONS (NESHAP) FINAL RU

The EPA has published a Final Rule limiting air emissions from wood furniture

manufacturing operations. Wood Furniture (Surface Coatings) are listed as a hazardous a

pollutant to be regulated under Section 112 of the 1990 Clean Air Act Amendments. The

affected wood furniture manufacturing sources are finishing, gluing, cleaning and wash

operations. The Final Rule establishes air emission limits including finishing coat operati

as well as adhesive usage and stripping spray booth coating ope rations. Work practice

standards are also required to minimize evaporative emissions from the storage,

application of coatings and solvents. All new and existing wood furniture manufacturing

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facilities that are classified as major sources m ust meet the specified emission limits and

designated work practice measures. Emission monitoring and record-keeping and reportin

are also required under the Rule. The Final Rule and two Fact Sheets are included in Item 

41.

CHROMIUM EMISSIONS FROM HARD AND DECORATIVE ELECTROPLATI

AND ANODIZING OPERATIONS (NESHAP) FINAL RULE

The EPA published a Final Rule on January 25, 1995, which regulates chromium

electroplating operations as a source of chromium air emissions. Chromium is listed as a

hazardous air pollutant under Section 112 of the 1990 Clean Air Act Amendments.

the Rule, both new and existing Hard and Decorative Electroplating and Anodizing

Operations are required to meet specific air emission limits. The Rule also requires work

practice standards, including inspection and maintenance plans, and there are

and monitoring requirements. Existing hard chromium and anodizing operations have 2

years, after the effective date of the Rule, to comply. Existing decorative chromium facili

and operations have 1 year. New facilities must comply upon start-up. The Final Rule and

Fact Sheet is included in publication Item I-22. On December 13, 1995, the Agency issue

Proposed Rule to exempt certain "non-major source facilities" which is also included in

PRINTING AND PUBLISHING INDUSTRY (NESHAP) PROPOSED RULE

A Proposed Rule was issued on March 14, 1995, that covers two distinct types of process

in the industry. The two processes covered are publication rotogravure printers and packa

product rotogravure, and wide-web flexographic facilities. The prop osed rule provides

flexibility to industry by providing a variety of compliance options that also encourage

pollution prevention. All new and existing facilities with these processes are required to m

emission requirements. Although most of the facil ities affected by this regulation are larg

operations and major sources, numerous small printing businesses can readily

to operational control techniques, information on good maintenance, and house

practices and pollution prevent ion. There are air monitoring and record-keeping and

reporting requirements required under the Proposed Rule. The Printing and Publishing

NESHAP is included in Item I-42.

CAA FIELD CITATION PROGRAM AND MONETARY AWARD UP-COMING

FINAL RULES

On May 3, 1994, the Agency issued two Proposed Rules to enhance the effectiveness of t

Clean Air Enforcement Program. One rule authorizes EPA field inspectors "Parking Tick

authority to issue immediate, on the spot, fines (up to $5,000 per day) for each violation (

a plant could be fined $10,000 per day for two separate violations), but with a "CAP" or l

on penalties in the range of $15,000 to $25,000 per day. The other, authorizes the EPA

issue cash awards of UP TO $10,000 to citiz ens who report companies violating the law

leading to a criminal conviction or fine under the Act (Item I-12). The rules are expected 

be finalized by early 1996 and will include specific guidance on the application of

citations under various typ es of violation categories to aid in uniform application. Howev

the Ombudsman's Office continues to have objections to awards that would smack of bou

hunting.

STRATOSPHERIC OZONE PROTECTION CFC PHASEOUT RULES

The Clean Air Act Amendments of 1990 required the phase-out of Chlorofluorocarbons

(CFCs), Halons and Carbon Tetrachloride by the year 2000, Methyl Chloroform to be

-out by 2002, and Hydrochlorofluorocarbons (HCFCs) by 2030. President Bush mand ate

accelerated phase-out of these chemicals, a decision endorsed at a multi-national meeting 

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November, 1992, (Item I-5). EPA requested nominations for exemptions to phaseout on

10/23/95, FR pp. 54349-352. In addition, EPA issued a proposed listi ng of the global

warming potential of these substances on 10/6/95 FR pp. 52357-359.

The Agency issued Final Rules accelerating the phase-outs including Methyl Bromide, to 

end of 1995, published in FR on December 10 and 30, 1993, and December 20, 1994, (Ite

-15). The statute also requires, in addition to "phase-out," restrictio n/control of the use of

these chemicals through such means as recycling, labeling, banning of nonessential uses a

the use of safe alternatives or substitutes.

A Final Rule on mandatory CFC recycling during the servicing of on-road motor vehicle 

conditioners was published in the FR on July 14, 1992, supplemented on August 19, 1994

and amended on May 2, 1995 (Item l-14). A similar rule which pertains to the use

disposal of CFC's during the service, repair, or disposal of appliances, residential and

commercial building cooling equipment, industrial process refrigeration, and mobile off

cooling/refrigeration systems, and to personnel training/cert ification, was published on M

14, 1993. This Rule was amended and clarified, especially as related to recycling, on Aug

19, 1994, and as related to repair, on January 19, 1995. In addition, a clarification of

grandfathering technicians was publishe d November 9, 1994. All of the above informatio

contained in Item I-16. The Clean Air Act Amendments of 1990 mandated recovery of

substitute refrigerants after 11/15/95. Proposed regulations and fact sheets are being

prepared.

Other actions completed or underway include: Final Rules published December 30, 1993

amending a ban on the use of CFCs (Class I), and banning the use of HCFCs (Class II) in 

-essential products (Item I-17); Final Rule on labeling of products and co ntainers publish

February 11, 1993, with subsequent amendments (Item I-18); and Final Rule published

August 26, 1994, expanding a list of acceptable substitutes for ozone depleting substance

with subsequent amendments 1/13/95, 6/13/95 and 10/2/95 (Ite m I-19). The efforts of th

Ombudsman's Office on these rules has resulted in favorable decisions relative

keeping and reporting, certification, grandfathering, and inventory depletion benefits.

RISK MANAGEMENT PLANS (RMP)/CHEMICAL LIST AND THRESHOLDS

FINAL RULE EXPECTED

A Proposed Rule requiring development and implementation of RMPs for prevention of

accidental releases at facilities which manufacture, process, use, store or handle

substances exceeding specified thresholds was published in the FR 11/20/93. The list of

substances and thresholds are in the Final Rule published on January 31, 1994. These rule

are included in Item I-30. The Proposed RMP Rule requires a hazard assessment, a

prevention program, a response program, and a Risk Management Plan. Because of the

comments received, EPA published a Supplemental Notice in the FR on March 13, 1995

(also included in Item I-30). It speaks to State implementation, "worst case scenarios," an

"tiering approach." A Final RMP Rule has been scheduled for March 1996. The

Ombudsman's Office is monitoring this rule-making from the standpoint of small busines

interests.

NEW GUIDANCE FROM EPA ON POTENTIAL TO EMIT (PTE)

On January 25, 1995, the Agency issued explanatory and clarifying guidance relative to t

definition of Potential to Emit (PTE) under the CAAA. PTE is important because of its

relation to the need for a State Operating Permit under Title V. Althoug h PTE primarily

applies to "major" emissions sources, many smaller facilities require permits, either becau

they happen to be in a bad air pollution area, geographically, or the nature of their busine

dictates serious health risks regardless of gene ral air quality. Further, the most generally

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misunderstood aspect of PTE is that although a small facility's "actual" emissions may m

it a non-major source, requiring no permit, when an emissions determination is made on i

"potential" to emit, a per mit is required. The EPA PTE Guidance helps to explain the wa

PTE can be calculated and also provides detailed information to help smaller sources

possibly avoid the need to obtain an operating permit. On May 16, 1995, the Agency add

further guidanc e on the timing for PTE determination(s). The Office of the Small Busine

Ombudsman was a strong force on behalf of the small business community in the

development of this Guidance in an effort to minimize confusion and to assure that

definitional param eters were clarified and alternatives presented. The PTE Guidance

materials are included in Item I-31.

NEW CLEAN AIR ACT COMPLIANCE ASSISTANCE ENFORCEMENT POLIC

FOR SMALL BUSINESSES

As mentioned in prior Updates, EPA's Office of Enforcement and Compliance Assurance 

adopted a New Enforcement Response Policy for the Treatment of Information Obtained

through Clean Air Act Section 507 Small Business Assistance Programs (8/12/9 4)

represents a significant step toward the encouragement of voluntary compliance with EPA 

regulations.

In summary, it gives small businesses that voluntarily seek compliance assistance a limite

grace period to correct a violation, or problem creating a violation, that was detected thro

an environmental audit, or other assistance from the State Smal l Business Assistance

Program (SBAP). This confidentiality of information guarantee pertains to a potential

violation or violations revealed as the result of the SBAP's help. It can only be granted in 

State where the SBAP assistance is separate from t he State's Air Enforcement

expected that remedial action will be expeditiously undertaken by the small business

notwithstanding this grace policy. Because some states organizational distinctions are no

always obvious to small business owners, we urge you to call your State Small Business

Ombudsman, Technical Assistance Program, or our Hotline before making any assumpti

A similar policy covering other media was signed on June 13, 1995. See item

Clean Water Act

NEW EFFLUENT GUIDELINES FOR SEVERAL INDUSTRY SECTORS

Effluent guidelines regulate industrial discharges to surface waters and to publicly owned

treatment systems. The following guidelines will be under development during 1996: pul

paper and paperboard; pesticide formulating, packaging and re-packagin g; metal product

and machinery, phase 1; centralized waste treatment; coastal oil and gas extraction; and

pharmaceutical manufacturing.

The OSBO's monitoring of the Metal Products and Machinery guidelines successfully

encouraged the exemption of facilities with very low flows. This Proposed Rule was

published in the FR on May 30, 1995 (Item G-6), and the Final Rule for Pharmaceutical

Manufacturing is expected during the Fall of 1996. The publication of the Final Rule for

Pesticide Formulating, Packaging and Re-packaging is expected in March 1996 (Propose

Rule was published in the FR on April 14, 1994. For the Proposed Rule, "Zero Discharge

was the basic approach, but alternatives may be considered based on facilities certifying

practice of certain pollution prevention measures. Publication of a Supplemental Notice

these alternatives was made in the FR of June 8, 1995, pp. 302 17-58. (Many of the small

sanitizer facilities may not be included in the scope of the Final Rule.) The Final Rule for

Pesticide Manufacturers was published on September 28, 1993. Rules for industrial

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laundries, transportation equipment cleaning, lan dfills and incinerators, and metal produc

and machinery--Phase 2, will be under development in 1996 through 1999.

GREAT LAKE WATER QUALITY INITIATIVE

On March 31, 1993, EPA announced an innovative ecosystem approach to protect the Gr

Lakes Basin which will establish minimum water quality standards, anti-degradation poli

and implement procedures for water in the States of New York, Pennsylva nia, Ohio, Ind

Illinois, Minnesota, Wisconsin and Michigan. EPA has identified 3,900 direct

municipal dischargers that would be affected by the guidance. Final Rule was published i

FR on March 23, 1995 (15366-425).

STRATEGY FOR MANAGEMENT OF CLASS V WELLS

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

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

systems, storm water drainage wells, and other wells that have been found i n some instan

to emplace potentially harmful levels of contaminants into and above underground source

drinking water. On August 28, 1995, the EPA's preferred approach for the management

Class V injection wells was published in the Federal Re gister (60 FR 44652)

goal of this strategy is to work with States to speed up the closure of potentially endanger

Class V wells using current authorities and to promote the use of best management practi

to ensure that other Class V wells of concern do not endanger underground sources of

drinking water.

CONTROL POLICY ON RAW SEWAGE DISCHARGES

The new policy, released April 11, 1994, addresses pollution from raw sewage overflows

which occur when runoff from storms exceeds the capacity of sewer systems or treatment

facilities. For a copy of the control policy, contact the Office of Water Re source Center a

(202) 260-7786.

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 l ocated 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 secon d 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 c overage to the members of the group

applications. Coverage under the Multi-Sector General Permit is also available to

that did not participate in group applications. This storm water permit was published

September 29, 1995 in FR Vol. 60, No. 189, and provides coverage for 29 different indus

sectors under one permit and is part of the EPA's program to give permittees flexibility an

incentives to pursue effective storm water controls tailored to their local situation. The th

option is to file a Notice of Intent (NOI) to be covered under a general permit. For

information on any of these options or to request an NOI Form (Form 1 or 2F), please cal

Office of Water Resource Center (202) 260-7786. All storm water discharges associa ted

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with industrial activity that discharged point sources of storm water on or before

1992, must have had permit coverage by October 1, 1993. Controls are implemented by w

of the storm water pollution prevention plan, a flexible, site-speci fic document.

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

options were created on possible targeting and control options for all remaining light

industrial, commercial, retail, and residential storm water discharges, to the extent necess

to mitigate impacts on water quality. For the name and phone number of the Storm Water

primary contact for your State and the EPA Regional contact, phone us at (800) 368

and request Item G-9,Overview of the Storm Water Program.

ABOVE-GROUND STORAGE TANKS AST/SPILL PREVENTION CONTROL A

COUNTER-MEASURES UPDATE

The EPA has promulgated the Oil Pollution Prevention rules under Title 40 CFR

requiring that facilities prevent oil spills and ensure preparedness in the event of spills. Th

rulemaking is commonly known as the Spill Prevention Control and Countermeasure (SP

regulation, and has been addressed in two phases in accordance with a task force

recommendation. The first phase of the rulemaking deals with spill prevention and facilit

notifying EPA that they exist. The SPCC program concerns regulation of nonrelated facilities with above ground storage capacity in excess of 1,320 gallons or 660 gal

in a single tank, or buried tanks of greater than 42,000 gallons capacity. A Proposed Rule

under Phase I, was published in t he FR of October 22, 1991, pages 54611-41, which is

included in Item C-77. The Clinton Administration is committed to reducing the burden t

EPA regulations place on facilities, without jeopardizing the level of environmental

protection. In support of this objective, the EPA has undertaken a study of a cross

facilities which store oil, to determine the level of risk the various facilities pose to

neighboring populations and the environment. EPA is planning to use the study findings a

basi s for revision (and development of future) regulations. Future regulations may reduc

number of smaller facilities which EPA will regulate, or may reduce the regulatory burde

the smaller facilities. Further rulemaking following the Proposed Rule of October 1991 w

be undertaken after the study of the facilities is completed.

The second Phase of rulemaking concerns facility preparedness and development of respo

plans under the the Oil Pollution Act (the Act of 1990) which requires that EPA

regulations to require "Facility Response Plans" (FRP) covering events which could caus

substantial harm to the environment. Under this Phase II, the Agency has published a Rul

il Pollution Prevention; Non-Transportation-Related On-Shore Facilities, which appeare

the July 1, 1994, FR pp. 34069-136 with Corrections September 26, 1994, FR pp. 49005

This Final Rule with Corrections is included in publication Item C-77.

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 fi nal regulati

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

manual, The Worker Protection Standards (WPS) for Agricultural Pesticides -

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

On May 5, 1995 EPA published (FR pp. 21944-68) final and proposed rules for further

implementation of the WPS, then on September 29, 1995 additional Proposed Rules were

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published. All of these were directed to facilitate implementation of the WPS, an d they,

along with Worker Protection Updates (five items), are included in Item F-15. Further

rulemaking is currently underway. Final Rules addressing warning signs and

decontamination sites are scheduled for promulgation this Spring, and a Proposed Rul

covering glove requirements and guidance to States for the exemption of crop advisors is

anticipated later this Summer. As they become available, these Rules wil be included in I

F-15. Also, EPA has published a final Policy Statement on the manufac turer and

labeling revisions required by the WPS which is included in Item F-17.

Changes reflect EPA's commitment to fit the unique circumstances and diversity of

agricultural operations, and to work closely and routinely with interested parties to

implement a basic worker protection program that is protective, practical, effectiv e, and 

unduly burdensome for agricultural production.

COMPLIANCE ASSISTANCE TOOLS FOR PESTICIDE WORKER PROTECTI

EPA has available many items to assist in compliance with the Worker Protection Standa

including bilingual training manuals for pesticide applicators, videos and leaflets for

pesticide handlers, a pesticide safety poster for workers, a slide prese ntation covering the

"Standard," a heat stress guide, and other items. A copy of the publication Worker Protec

Standard: Materials Developed by EPA, States, and Other Organizations, which describe

Worker Protection Standard materials and how to obtain them, may be obtained from the

EPA Certification, Training and Occupational Safety Branch, (7506-C), 401 M Streets, S

Washington, D.C. 20460, or by calling 1-703-305-7666. These WPS materials addressing

pesticide safety and training may be obtained through EPA Regional Offices, State

the Cooperative Extension Service, and the Government Printing Office, and private

agricultural supply businesses.

PESTICIDE CHILD RESISTANT PACKAGING REGULATIONS NOTICE

The Consumer Products Safety Commission (CPSC) published a Final Rule in the Federa

Register (FR) on July 21, 1995, pp. 37710-44. This CPSC Final Rule revised the CSPC

-resistant packaging (CRP) standards and testing procedures, as set forth in Title 16 Code 

Federal Regulations (CFR) parts 1700.15(b) and 1700.20. The Poison Prevention Packag

Act (PPPA) of 1970 authorizes the CPSC to issue requirements that certain household

substances be sold in CRP. The EPA is mandated under the Federal Insecticide, Fungicid

and Rodenticide Act (FIFRA), Section 25(c)(3) to have packaging standards consistent w

those established under PPPA of 1970 which is administered by the CPSC. To

duplicative testing of packages for pesticidal and nonpesticidal purposes, the EPA CRP

regulations reference the CPSC regulations set forth in Title 16 CFR parts 1700.15(b) and

1700.20. Therefore, EPA does not need to revise its CRP regulations, however,

issue a Pesticide Regulation (PR) Noti ce to apprise registrants of the changes to the CRP

regulations and what will be required for compliance with the new provisions of Title 16

CFR parts 1700.15 and 1700.20.

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 R ule is to be

prepared for publication in early 1996.

CERTIFICATION OF PESTICIDE APPLICATORS (REVISION)

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EPA proposed revision of the rules in Title 40 of the Code of Federal Regulations (CFR)

171 governing the certification of applicators of restricted use pesticides (11/07/90 FR). T

provision of certification programs provides protection of man and the environment from

potential adverse effects in the use of these pesticides. Currently, no further action is bein

taken on this proposed revision to 40 CFR part 171. At a future date, reconsideration of a

revision may be considered.

Hazardous Waste Management Resource Conservation & Recovery Act

PETROLEUM STORAGE TANKS: FINANCIAL RESPONSIBILITIES RULE

The financial responsibilities for owners/operators of petroleum storage tanks are

in Title 40 Part 280, Subpart H, of the Code of Federal Regulations (CFR) and this Subpa

included in the Item C-31.

UNDERGROUND STORAGE TANKS CONTAINING HAZARDOUS SUBSTANC

FINANCIAL RESPONSIBILITY NOTICE OF PROPOSED RULE-MAKING

STATUS

A Notice of Proposed Rule-making (ANPRM) was published on February 9, 1988, (FR

pages 3818-26), included in Item C-44, which would establish requirements for

demonstrating financial responsibility for taking corrective action and compensating third 

rties for bodily injury and property damage caused by releases from underground storage

tanks (USTs) containing hazardous substances. Comments provided from the ANPRM ha

helped in the consideration of further action to be taken. However, no further ac tion is no

planned on this proposed rule-making.

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 fin alized 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 ban on 

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

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

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

Restrictions for Third Scheduled Wastes.

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

proposed rule-making to establish treatment standards for formerly characteristic wastes

primarily managed in land based waste-water treatment systems, whose ultim ate dischar

regulated under the Clean Water Act (CWA), and to establish treatment standards for

listed carbamates and organobromine wastes. A Proposed (Phase III) Rule has been

published (3/2/95 FR pp. 1701-66) and is listed as Item C-88. The Final Rule is expected 

be published in early 1996. The "Phase IV" Proposed Rule addresses whether land based

waste-water systems would provide treatment equivalent to that under the Land Disposal

Restriction (LDR) program. Treatment standards will a lso be established for wood

preserving and mineral processing wastes. Publications of the Proposed Rule for "Phase I

and Definitions and Clarifications, Supplemental Proposal are found in the 11/22/95 and

1/25/96 FR and are listed in the Item C-89.

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LENDER LIABILITY CLARIFICATION: UNDERGROUND STORAGE

EPA has published a regulation to clarify the liability of secured creditors ("lenders")

regarding contaminated properties they hold as collateral. This clarification is deemed

necessary to remove the prior barrier to the financing of Underground Sto rage Tank (US

facilities. Without adequate financing, many UST owners may be unable to make the

improvements to their facilities necessary to comply with the EPA environmental

regulations. The Small Business Ombudsman's office has been long concerned over the

adverse effect of leaking USTs on financing Small Businesses for making corrections to

comply with the law. The Proposed Rule "Under-ground Storage Tanks--Lender Liability

was published on June 13, 1994, FR pp. 30448-66, and the Final Rule was published on

September 7, 1995, FR pp. 46691-715. The Final Rule is included in the Item C

UNIFORM HAZARDOUS WASTE MANIFEST UPDATE

Further Rule-making actions under consideration which address management of hazardou

wastes include an "update" of the existing Uniform Waste Manifest to make it

burdensome from the standpoint of paperwork, consistent with the overall Agency object

for burden reduction, and truly "uniform" across the country. Currently, the format varies

between States, hence, interstate shipments may be burdensome when industry must use

several different forms, having different requirements. Th erefore, one goal of this rule

making is to achieve consensus on a single manifest form acceptable by all the States, as

as overall simplification.

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" and "derive

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

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

expiration date from the reinstatement of the "mixture" and "derived-fro m" 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: Hazardo us Waste Identification Rule

Rule Proposal is directed to streamline the regulation of low risk hazardous wastes, while

still protecting health and environment. This Proposal includes consideration of Soil

Pathways. (Note that hazardous soil r ule-making has also been covered in the "Phase II"

Proposed Rule, Item C-78.) In addition, the "contained in policy" is covered in this propo

"Hazardous Waste Identification Rule (HWIR)." This Rule proposes consideration of me

contaminated with hazardous wastes and establishment of exemption standards for

low-risk contaminated media, so that they may not necessarily be subject to all hazardous

waste management requirements. It is included in the Item C-87.

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

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Hazardous Waste Recycling. This Proposed Rule on mercury lamps is included in the Ite

-80. However, there is no action underway now to finalize this Rule on mercury lamps.

NEW HAZARDOUS WASTE RECYCLING REGULATIONS

EPA has promulgated new streamlined hazardous waste management regulations governi

the collection and waste recycling, such as battery recycling and management of

pesticides, and mercury thermostats, termed "Universal Wastes." This new Fin al rule

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

environmentally-sound collection and proper recycling procedures for waste managemen

and is the Final Rule stemming from a Proposed Rule which was publis hed on February 

1993 FR pp. 8102-34. A Supplemental Notice was also published on June 20, 1994, FR p

31568-9 which announced availability of cost data supportive of the Proposed Rule. Furth

Rule-making is now underway to clarify requirements for hazardous waste recyclers, and 

Notice of Proposed Rule-making is anticipated for Fall 1996.

EPA SMALL QUANTITY GENERATOR HANDBOOK UPDATE ON THE WAY

In 1986, the EPA published Understanding the Small Quantity Generator Hazardous Wa

Rules--A handbook for Small Business [EPA/530-SW-86-019]. This Handbook is include

Item C-10, along with other informational material, including the 1990 Update

Your Business Produce Hazardous Waste? [EPA/530-SW-90-027]. Also, Item C

an insert with additional texts which augments and updates the Handbook. The Item

over the past "years," has been one of the ite ms most often requested. EPA has been wor

on an update for the Handbook and now anticipates its publication in Spring 1996, and w

it is available, it will replace the current items in the Item C-10 listing. We have been

apprised that the new Hand book will include the Land Disposal Restrictions notification

requirements. (Here, reference is made to Land Disposal Restrictions: Summary of

Requirements [OSWER 9934.0-1A], Item C-64.)

USED OIL MANAGEMENT COURT CHALLENGE UPDATE

The EPA has published several "Final Rules" on Identification and Listing of Hazardous

Waste: Used Oil, Recycled Used Oil Management Standards, and Amendments to Definit

of Solid Waste, and these pertain to used oil management and are included in the Item C

Certain portions of the first Rule have been challenged in the D.C. Circuit Court (Safety

Clean vs. EPA, No. 92-1629.) The central issue in this case is whether or not the

the Rule addressing mixtures of used oil a nd characteristic hazardous wastes [40 CFR '

279.10 (b)(2)] is consistent with the requirements set forth in the Statute, RCRA '

September 15, 1994, the Court remanded the record in the case, without vacating any por

of the Rule, with instruc tions, that if "EPA determines that its Rule is invalid, . . . it can

proceed accordingly." The remanded provisions exempt mixtures of used oil and

characteristic hazardous waste (e.g., spent mineral spirits) from the Land Disposal

Restrictions (LDR). The effect of the existing LDR exemption is to discourage segregatio

and recycling of used oil and spent solvents as separate waste streams. A "Stay" of the

mixture provisions of the Management Standards, effective December 29, 1995, by the E

has been published in the Federal Register (FR) on October 30, 1995, pp. 55202

address the applicability of the LDR to de-characterized mixtures of used oil and

characteristic hazardous waste. It is not anticipated that the changes resulting from the

Administrative Stay will have more than minimal impact on small businesses (e.g., servic

stations and lube shops). A copy of this Administrative Stay which explains the provision

greater detail is included in the Item C-36.

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Emergency Planning, Community Right-To-Know Act

EMERGENCY PLANNING COMMUNITY RIGHT-TO-KNOW ACT (SARA Title

III) RULE STATUS

On October 17, 1986, the Superfund Amendments and Re-authorization Act (SARA) was

signed into law. Title III of this Act is also known as the Emergency Planning and

Community Right-to-Know Act (EPCRA).

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") above

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 actions are explained in the "Community Ri ght-to- Know and Small

Business" pamphlet, Item K-32, and the listing of the "EHS" is found in Title 40 CFR par

350 et al., and in Item K-30. A Notice of Proposed Rule-making (NPRM) was

October 12, 1994 which addresses review of several ci tizens' petitions requesting revisio

in the listing of the Extremely Hazardous Substances (EHS). The NPRM, and a Final Rul

published on June 12, 1995, on "Reportable Quantity Adjustments" are included in K

TOXIC RELEASE INVENTORY (TRI) DATA AVAILABILITY

The "1993 Toxic Release Inventory; Public Data Release" with [EPA 745-F-95

1995], [EPA 745-R-95-010, March 1995] is now available and presents the analysis of th

calendar year 1993 Toxic Release Inventory Data (Item K-57). Requests for th e public d

release for calendar year 1993 may also be submitted directly to the Emergency Planning 

Community Right-to-Know (EPCRA), SARA Title III, Hotline on I-800-535-0202. Amon

other findings, it is reported that on-site industrial rele ases of toxic chemicals into the

nation's environment in calendar year 1993 totalled 2.8 billion pounds, a decline of 12.6%

since 1991, and 42.7% since 1988.

SUPPORTING THE NATIONAL TOXIC RELEASE INVENTORY (TRI) PUBLIC

DATA RELEASE

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

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," manufac tured, or

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

instructions for the calendar year 1995 reports will be included in Item K-45 after the firs

March, 1996. Also, EPA has added 286 chemicals to the list of reportable chemicals. The

Final Rule including this list was published on November 30, 1994, in the FR, page 6143

87. This Final Rule (included in Item K54) is effective for the calendar year 1995 TRI (F

R) report year, to be submitted this year by 8/1/96 as announced in the 1/29/96 FR pp.

3. It may be of interest to note that four lawsuits have been filed in the U. S. District Cour

for the District of Columbia which challenge the procedures applied by the EPA in select

the additional chemicals to be reported, and allege that the scientific data supporting listin

for certain specified chemicals were inadequate. Briefing in the four cases is scheduled fo

completion by the end of February, 1996, with oral argument in late March.

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Changes are also being studied by EPA which address the expansion of the SIC Code bas

be used for submission of the Form R Reports. A Notice of Proposed Rule-making is now

scheduled for Spring 1996, and this Rule-making is being monitored by the Ombudsman'

office for small business interest.

Superfund Comprehensive Environmental Response, Compensation &

Liability Act

SUPERFUND ADMINISTRATIVE REFORMS

A package of reforms aimed at making cleanup programs faster, fairer and more efficient

was announced on February 17, 1995. It is available as Item D-19.

REPORTABLE QUANTITIES

A Final Rule was published in the FR on June 12, 1995 (with corrections on 7/10/95 and

7/12/95), revising and supplementing quantities of hazardous materials reportable under

CERCLA. It is available as part of Item D-2.

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. This Rule, as published, is included in the Item D-17. Following th

Court action, guidance is now being drafted to "translate" the Rule into a policy statemen

addressing lender liability, and involuntary government acquisitions. Guidance was issue

9/22/95.

Toxic Chemicals & Toxic Substances Control Act

LEAD STANDARD HAZARDS

The Residential Lead-Based Paint Hazard Reduction Act of 1992 requires EPA to

promulgate regulations which identify lead-based paint hazards, lead-contaminated soil, a

lead-contaminated dust. EPA is to identify the paint conditions and lead levels in dust and

soil that would result in adverse human health effects. On 7/14/94, the EPA issued Guida

(Item E-45) on this topic to provide information while a Proposed Rule is being develope

9/11/95 FR pp 47248-57.

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

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 Proposed Rule (Item E-41) was publish

in the 11/2/94 FR pp. 54984-55004.

LEAD BASED PAINT TRAINING, ACCREDITATION AND CERTIFICATION

RULE AND MODEL STATE PLAN RULE

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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. In addition, EPA must promulgat

Model State program which may be adopted by any State which seeks to administer and

enforce a State Program. The notice of the Proposed Rule (Item E-40) was published 9/2/

FR pp. 45872-921.

LEAD-BASED PAINT DISCLOSURE REQUIREMENTS AT RENOVATION OF

TARGET HOUSING

Section 406 of the Residential Lead-based Paint Hazard Reduction Act of 1992, requires

EPA to develop two products: (1) a lead hazard information pamphlet to be developed aft

consultation with HUD and CDC and, (2) an EPA regulation requiring renovat ors to pro

the information pamphlet to clients before beginning work (Item E-44), 3/2/94 FR pp.

20.

INVESTIGATION TO REDUCE LEAD (Pb) CONSUMPTION & USE

A regulatory investigation has been initiated to determine if uses of lead (Pb) present an

unreasonable risk to human health and the environment. Based on information gathered, E

may propose rules to control existing or new uses of lead. A Propose d Rule (Item E

Lead Fishing Sinkers was issued in the FR on March 9, 1994, pp. 11122-43. Final

expected by December 1997.

ASBESTOS MODEL ACCREDITATION PLAN

The Asbestos School Hazard Abatement Re-authorization Act (ASHARA) amended TSC

to require that EPA revise its asbestos model accreditation plan to extend training

accreditation requirements to include persons performing certain asbestos-related w ork i

public and commercial buildings, to increase the minimum number of training hours requ

for accreditation purposes and to effect other changes necessary to implement the

amendment. An Interim Final Rule was issued in the FR on February 3, 1994, (Pages 523

5260) effective April 4, 1994, (Item E-22). This Rule-making is part of the Reinventing

Government effort. It will revise text in the CFR to reduce burden or duplications, or

streamline requirements.

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 demons trate 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), Washin gton, D.C

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

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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 othe r eight condition

are met, the gravity-based penalty will be reduced only 75%.

NEW INTERIM POLICY ON COMPLIANCE INCENTIVES FOR SMALL

BUSINESSES

On June 14, 1995, EPA's OECA announced a policy providing incentives for participatio

compliance assistance programs with prompt correction of violations. It applies the princ

of the Clean Air Act Section 507 Policy of August 12, 1994 to oth er environmental

programs (see Item I-13).

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,

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

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

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

and steel, metal finishing, petroleum refining, and printing. These six teams are looking f

opportunities to change complicated and inconsistent environmental regulations into

comprehensive strategies for environmental and public health protection that all can agre

with an emphasis on pollution prevention, instead of end-of-pipe solutions. The initiative

reflects the EPA's commitment to setting strong environmental standards, while encourag

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

environment at less cost to ta xpayers and industry.

Several exciting projects are underway, including:

Creating a streamlined, consolidated reporting alternative for the petroleum refin

sector that eliminates duplication and provides data in a form that is easy for

communities to understand

Developing new ways to clean up iron and steel sector brownfields--

abandoned industrial properties--and return them to productive economic use in the

community

Making it easier for the computers and electronics sector to achieve pollution

prevention, recycling and water conservation under hazardous waste regulations

Reducing the costs and burdens of compliance with specific clean air regulation

the auto manufacturing sector, without sacrificing public health protection

Creating a new consolidated permit system for the printing sector that will provi

better environmental protection for our air, land and water, improve worker protect

and provide these small businesses with operational flexibility

Testing the environment and economic effects of providing greater flexibility fo

recognized environmentally responsible metal finishing sector firms to achieve bey

compliance environmental performance.

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

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1996 STATE SMALL BUSINESS OMBUDSMAN AND ASSISTANCE PROGRAM

CONFERENCE

The Small Business Ombudsman and Small Business Technical Assistance Programs,

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

by air quality regulations, will hold their next conference in San Diego, California, Febru

28, 29, and March 1, 1996.

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