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July 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: July, 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

Outreach Activities

Hotlines

Pesticides

Hazardous Waste

Right to Know

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Regional Contacts

Clean Air Act

Clean Water Act

Superfund

Toxic Chemicals

General

A New Acronym To Remember

SBREFA!!

The SMALL BUSINESS REGULATORY ENFORCEMENT FAIRNESS ACT, SBREF

became law on March 29, 1996. It charts a new course for the promulgation of Federal

Regulations that have a relatively significant impact on small business. It is a major

legislative milestone in the recognition of the needs of small businesses, small communit

and small non-profit entities in the development and implementation of Federal Regulatio

I am pleased, therefore, to announce that the EPA is relocating the Small Business

Ombudsman function to provide us more visibility and prominence in the implementation 

SBREFA in the Agency. Please note the Memorandum on page 2, to Agency officials, fro

Mr. Fred Hansen, Deputy Administrator of EPA, announcing this action.

The new re-alignment will enable me to more effectively serve as your small business

advocate in the future. I am pleased and excited.

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 i

development and enforcement of environmental regulations.

OBTAINING ADDITIONAL INFORMATION FOR SMALL BUSINESS

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

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

the Publication Order. In addition, the Ombudsman's Office maintains an inventory of ov

200 EPA and related publications containing useful environmental information for

business. A complete listing of these publications can be obtained by contacting the

Ombudsman's Office.

MORE RECENT ACTIVITIES TO BETTER SERVE YOU

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Our efforts to assist the Small Business Community, continue at a high level.

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 (157 participants), and

have set plans for a fourth Conference early in 1997.

Developed external stakeholder guidance and acted as a principal participant in 

Agency's Fifth 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.

Developing in cooperation with the University of Tennessee's Industrial Service

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

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

Initiated formal on-site environmental auditing/assessment educational and train

program at the February 1996, National Small Business Ombudsman and Technica

Assistance Conference.

Developing cooperatively with all State and Territorial Small Business Assistan

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

1990 Clean Air Act Amendments.

Managing Small Business Regulatory Enforcement Fairness Act of 1996 Small

Business Entity Outreach Sub-Group 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.

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

Watershed Info. Resource System

Indoor Air Quality Information Clearinghouse

Radon

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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, techincal 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

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

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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

Occupational Safety & Health Adminstration (Worker Safety)

Consumer Product Safety Commission

Government Printing Office

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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 Enviromental

Iinfo.

(303) 312

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

10 AK, ID, OR, WA Floyd Winsett (206) 553

Clean Air Act

CLEAN AIR ACT IMPLEMENTATION STRATEGY UPDATE

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

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

developing and promulgating the nearly two hund red regulations 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. For a copy of the la test Implementation Strategy (November 1995), Facts

Clean Air Act Amendments, and Summary Materials, request publication Item I 11.

AMENDMENT AND CHANGES TO THE OPERATING PERMIT PROGRAM

FINAL RULE

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

published in the Federal Register (FR). Under Title V of the Clean Air Act, States must

establish programs by November 15, 1994, for issuing permits to covered sources, primar

major stationary sources of air pollution. The Final Regulation specifies the minimum

requirements for developing and implementing a State program, including requirements f

permit application, issuance of revisions, 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 permitting fees based on t

emissions of regulated air pollutants under the Act. EPA will defer some permit

for smaller pollution emission sources for non-specified periods, until the Agency comple

rule-makings to either exempt a given non major source category on a permanent basis

require per mitting. The Final Rule also allows States to issue a general permit covering

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numerous similar small sources. Under a general permit, a small source need only submit

necessary information covering its eligibility for the general permit, thus greatly reducing

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

this provision. A second Final Rule, which augments the Permit Rule, was issued on May 

1994. This Rule stipulates that a major source must submi t an application within 18 mon

even though EPA misses a source category promulgation "maximum achievable control

technology" (MACT) standard date. The Rule establishes the content for the application.

addition, in response to recent litigation and other identified problems with the Permit Ru

revisions have been issued or proposed. The most significant change is to restructure the

process for revising permits to provide more flexibility to industry and permitting agencie

More flexibil ity, pertaining to permit modifications, was issued on August 31, 1995 to al

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

June 3, 1996, a Final Amendment was issued to provide for non-major source emission

exemptions. These are included in Item I-25.

CAA -- A GUIDE FOR SMALL BUSINESSES

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

new Federal controls on small sources of air pollut ion that will ultimately 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 likel y to have on small 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 th e New Clean Air Act."

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 this Newsletter, EPA ha

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 operations (Item I 22). Under the 

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

businesses. Some of the latest to be finalized are Rules to control Ethylene Oxide Emissio

from Commercial Steri lization and Fumigation Operations (Item I 23); Wood Furniture

Manufacturing Operations (Item I-41); Standards for the Printing and Publishing Industry

(Item I-42); and, Proposed Standards for Consumer Products (Item I-43). In addition, rule

pertaining to Architectural Coatings (Item I-45), Asbestos Processing, Mineral Wool

Production, Automobile Refinish Coatings (I-44), and others will be forthcoming in the n

future. EPA is also addressing National Emission Standards for hazardous organic

ds in production operations. This rule-making is directed at the development of a "Hazard

Organics NESHAP" (HON). The Final Rule was issued and appeared in the FR

1994, and a series of amendments and corrections have also been iss ued pertaining to tes

methods 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).

CLEAN AIR ACT STATE SMALL BUSINESS TECHNICAL ASSISTANCE

PROGRAMS UPDATE

Section 507 of the 1990 Clean Air Act Amendments, required each State to establish a Sm

Business Technical Assistance Program to assist stationary sources in complying with

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Act. Section 507 also requires the designation of a State office to serv e as Small Busines

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

effectiveness of the Small Business Technical Assistance Program. Comprehensive

guidelines entitled Guidelines for Implementation of Section 507 of the 19 90 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, th

Agency published a SIP Revision Checklist for Sec tion 507 Small Business Assistance

Programs in May 1992. State Programs were required to be fully operational

15, 1994. Currently, 44 States have appointed Small Business Ombudsman, 51 States hav

full or partially operational T echnical Assistance Program, and 39 States have a full or

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

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

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

hazardous air pollutants (HAPs) and a schedule for the promulgation of these stand ards f

each listed category of major and area source. On June 4, 1996, the Agency published in 

FR a revision to the Initial List of Categories of Sources Under Section 112(c)(1) of the C

of 1990, and a revised Schedule for the Promulgat ion of Emission Standards

Facilities within the listed source categories will be subject to emission standards develop

in accordance with the schedule.

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 every other year

basis. The Rule requires Inspection and Maintenance (I/M) Programs to have separate "te

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

and licensing requirements, a re outlined in the Rule. This regulation impacts automotive

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 th e necessary test equipment 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

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

required to meet air quality standards. The OSBO raised strong objections to the original

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

businesses. On September 18, 1995, the Agency published a Final Rule in th e

flexibility for states in designing the enhanced auto inspection programs, and on August 1

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

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 (t etrachloroethylene)

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 Tetrachlo roethylene,"

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.

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

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

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

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

characteristics]. It is also of interest that the International Agency for Research on Cancer

(Lyon, France) publication IARC Monographs on Carcinogenic Risk to Humans,

(1995), Dry Cleaning: Some Chlorinated Solvents and Other Industrial Chemicals (pages 

-221) notes Tetrachloroethylene (perchlorethylene, PCE) as probably carcinogenic to hum

(Group 2A).

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 facilities us

perchloroethylene to file a "status" of complianc e report by June 18, 1994. The Rule

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 t he costs of required pollution control equipment,

they must periodically check for and repair leaks. On June 3, 1996, the Agency issued a F

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

reporting fo rms are included in Item I-27.

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, which 

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 has planned to examine alternative technologies such as "Multi-process Wet

Cleaning," "Machine Wet Cleaning," "Liquid Carbon Dioxid e Technology," and

"Microwave Drying" (use of microwaves instead of heat for minimizing garment shrinka

in water based techniques). In connection with this study, the EPA is working with

Federal Trade Commission (FTC) to render the garment care lab el "Dry Clean Only" les

restrictive.

One element of the alternative clothes cleaning program has been conducted by the

Cleaner" demonstration shop, located on Chicago's north side, in a mini-mall shopping pl

During 29 weeks between May 11 and November 30, 1995, the Greener Cl eaner wet

cleaned 16,055 garments, with 61 percent being of fabric types often labeled "dry

-- wool, silk, rayon and linen. An interim report, covering the preliminary performance

results, including a summary of the data gathered from this de monstration may be obtain

by contacting the Center for Neighborhood Technology (CNT) Wet Cleaning

(312) 278-4800, ext. 299. This national Alternative Clothes Demonstration Project is fund

in part by the EPA. The CNT is located at 2125 W. North Ave., Chicago, IL, 60647

PCE EXEMPTION AS OZONE PRECURSOR

By Notice in the February 7, 1996 Federal Register (FR), pp. 4588-91, EPA excluded PC

from listing as a Vaporizing Organic Compound (VOC) for regulation under the State

Implementation Plans (SIP) as an ozone precursor. This act ion was taken on the

PCE has negligible photochemical reactivity. An extract of this FR item is in Item A

HALOGENATED SOLVENT DEGREASERS (NESHAP) FINAL RULE

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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 cleaning/v

degreasing category. This category was designated in the 7/16/92 FR pp. 61970

amended on November 29, 1993, is included in Item I 26. The halogenated solvent

degreasers Rule concerns solvent cleaners or degreasers using halocarbon 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 a re 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 operat ion, less than 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

For the facilities covered by the Rule, compliance is required by "December 2, 1997." [Th

date was omitted at the end of Sub-part 63.460 (d) on page 61806.] A Technical Correctio

clarified this point (12/30/94 FR p. 67750) and a second Correction was issued June 5,

FR pp. 29484-5. The Rule and the Correction are 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 A ct Amendments. The

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

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

as well as adhesive usage and stripping spray bo oth coating operations. Work practice

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

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

facilities that are classified as major sources must meet the specified emission

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 A mendments.

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, a nd there are record

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 m ust comply upon start-up. The Final Rule an

Fact Sheet and the June 3, 1996 Final Rule to exempt certain "non-major source facilities

are included in I-22.

PRINTING AND PUBLISHING INDUSTRY (NESHAP) FINAL RULE

A Final Rule was issued on May 30, 1996, that covers two distinct types of processes in t

industry. The two processes covered are publication rotogravure printers and package

product rotogravure, and wide-web flexographic facilities. The Final Rule provides flexib

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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 meet emis

requirements. Although most of th e facilities affected by this regulation are large operati

and major sources, numerous small printing businesses can readily benefit relative to

operational control techniques, information on good maintenance, and house-keeping

practices and pollution prevention. There are air monitoring and record-keeping and

reporting requirements required under the Final Rule. The Printing and Publishing NESH

is included in Item I-42.

HOUSEHOLD CONSUMER PRODUCTS PROPOSED RULE

The EPA published a Proposed Rule on April 2, 1996, to regulate the control of volatile

organic compound (VOC) emissions from household consumer products, such as, cleanin

products, personal care products, and a variety of insecticides . The Proposal applies to 24

types of products. The Rule requires manufacturers to reformulate their products to emit l

VOC's. This Rule will serve to eliminate regulation of these products by many states and

minimize the risk that small companies w ould have to manufacture products at varying V

levels to meet differing state requirements. A number of provisions provide flexibility to

manufacturers to comply and allow for variances in certain cases. These provisions

supported to provide flex ibility to industry. The Final Rule will be issued in 1997. A Fac

Sheet and copy of the Proposal are included in I-43.

AUTOMOBILE REFINISH COATING PROPOSED RULE

The EPA published a Proposed Rule on April 30, 1996, to control VOC's from automobil

refinish coatings. The Rules will apply to 5 large refinish manufacturers and importers

additional 10-15 smaller manufacturers. The Rule does not affect the "application" of

automobile refinish coatings, and therefore, body shops nationwide that apply coatings, s

as primers and topcoats, are not directly affected by the Proposed Regulation's requireme

Basic VOC limits can be met by pol lution prevention methods or product reformula

requiring the use of coatings with lower VOC content than the coatings in current use.

Final Rule will be issued in 1997. A Fact Sheet and a copy of the Proposal are included in 

44.

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

(e.g., a plant could be fined $10,000 per day for two separate violations), but with a "CAP

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

to issue cash awards of UP T O $10,000 to citizens who report companies violating the la

leading to a criminal conviction or fine under the Act (Item I 12). The "Field Citation" Ru

is expected to be finalized by late 1996 and will include specific guidance on the

of field citations under various types of violation categories to aid in uniform application.

The "Citizens Award Rule" is expected by mid-1997.

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 ph

out by 2002, and Hydrochlorofluorocarbons (HCFCs) by 2030. Pres ident Bush mandated 

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

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

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10/23/95, FR pp. 54349-352. In addition , EPA issued a proposed listing 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 May 10, 1995 (Item I-15). The statute also requires, in

addition to "phase-out," restriction/control of the use of these c hemicals through such me

as recycling, labeling, banning of nonessential uses and the use of safe alternatives or

substitutes.

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

conditioners was published in the CFR on July 1, 1994, and amended on May 2,

additions and revisions proposed on March 6, 1996 (Item I 14). A simi lar rule which per

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

residential and commercial building cooling equipment, industrial process refrigeration, a

mobile off-road cooling/refrigeration systems, and personnel training/certification is in Ju

1, 1995 CFR, with revisions on August 8, 1995, February 29, 1996. All of the above

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

recovery of substitute refrigerants afte r 11/15/95. Proposed regulations and fact sheets ar

being prepared.

Final Rules in July 1, 1995 CFR banning the use of CFCs (Class I) and HCFCs (Class II) 

non-essential products are in Item I-17; Final Rule on labeling of products and containers

published February 11, 1993, with subsequent amendments through January 19, 1995 (Ite

-18); and Final Rule published March 18, 1994, expanding a list of acceptable substitutes 

ozone depleting substances, with subsequent amendments 1/13/95, through 5/22/96

19). The efforts of the Ombudsman's Office on these rule s has resulted in favorable

decisions relative to record-keeping and reporting, recycling, certification, grandfathering

and inventory depletion benefits.

RISK MANAGEMENT PLANS (RMP)/CHEMICAL LIST AND THRESHOLDS

RULES

The Final Rule requiring development and implementation of RMPs for prevention

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

substances exceeding specified thresholds was published in th e 6/20/96 FR pp. 31667

The list of substances and thresholds are in the Final Rule published on January 31, 1994

with an amendment proposed April 15, 1996. These rules are included in Item I

with Fact Sheets, May 1996. The RMP Rule requ ires a hazard assessment, a prevention

program, a response program, and a Risk Management Plan. The Rule incorporates

approach," providing minimal regulatory impact for smaller facilities. The Ombudsman's

Office monitors this rule-making from the standpoint of small business 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

relation to the need for a State Operating Permit under Ti tle V. Although 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

dictates serious health risks reg ardless of general air quality. Further, the most generally

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 permit is required. The EPA PTE Guidance helps to explain the way

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

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further guidance on the timing for PTE determination(s). The Office of the Small Busines

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 def

initional parameters were clarified and alternatives presented. The PTE Guidance materia

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 Assis tance Programs (8/12/94)

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 Small 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 separat e from the State's Air Enforcement Program. 

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

notwithstanding this grace policy. Because some states organizational distinctions are

always obvious to sm all 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, and extending the incentives to self-audits, was is

May 20, 1996. All of the above is in Item 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 c ategory 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 regulate industrial discharges to surface waters and to publicly owned

treatment systems. The following guidelines will be under development during

paper and paperboard; pesticide formulating, packaging and re-packaging; metal products

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). The Final Rule for Pharmaceutical Man

facturing is expected in early 1998. The publication of the Final Rule for Pesticide

Formulating, Packaging and Re-packaging is expected in October, 1996 (Proposed Rule w

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published in 4/14/94 FR pp. 17850-905). For the Proposed Rule, "Zero Discharge" was th

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

certain pollution prevention measures. Publication of a Supplemental Notice on these

alternatives was made in the FR of June 8, 1995, pp. 30217-58. (Ma ny of the smaller

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

laundries, transportation equipment cleaning, landfills and incinerators, and metal produc

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

SAFE DRINKING WATER ACT: STRATEGY FOR MANAGEMENT OF

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 and agricultural drainag e wells, and other wells that have bee

found in some instances to emplace potentially harmful levels of contaminants into and

above underground sources of drinking water. On August 28, 1995, the EPA's

approach for the management of Class V inj ection wells was published in the

Register (60 FR 44652). The primary goal of this strategy is to work with States to speed 

the closure of potentially endangering Class V wells using current authorities and to prom

the use of best ma nagement practices to ensure that other Class V wells of concern do no

endanger underground sources of drinking water. The Final Rule is scheduled

promulgation in November, 1996.

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

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

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 cov erage, 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 wa ter qua

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

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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 require all existing manufacturing, commercial, mining, and

silverculture operations to submit this application in order to obtain a NPDES permit. The

existing form must be updated to reflect statutory and regu latory changes in the NPDES

program, advances in scientific methods and an increased emphasis on toxic control.

Proposal is planned for November, 1996.

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

rule-making is commonly known as the Spill Prevention Control and Countermeasure

(SPCC) regulation. The rule-making deals with spill prevention. The SPCC program

concerns regulation of non transportation related facilities with above ground storage

capacity in excess of 1,320 gallons or 660 gal lons in a single tank, or buried tanks of gre

than 42,000 gallons capacity. A Proposed Rule was published in the FR of October 22, 19

pages 54611 41, which is included in Item C 77. The Clinton Administration is committe

reducing the b urden that EPA regulations place on facilities, without jeopardizing

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

cross-section of facilities which store oil, to determine the level of risk the various

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

findings as basis for revision (and development of future) regulations. Future regulations 

reduce the number of smaller facilities which EPA wil l regulate, or may reduce the

regulatory burden of the smaller facilities. Further rule-making following the Proposed R

of October 1991 will be undertaken after the study of the facilities is completed.

The rule-making also concerns facility preparedness and development of response plans

under the Oil Pollution Act (the Act of 1990) which requires that EPA issue regulations t

require "Facility Response Plans" (FRP) covering events which could cause su

to the environment. The Agency has published FRP requirements in a Rule, Oil Pollution

Prevention; Non Transportation Related On-Shore Facilities, which appeared in

1994, FR pp. 34069-136 with Corrections Septembe r 26, 1994, FR pp. 49005

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 green houses. The final 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 th e Item F 15.

On May 5, 1995 EPA published (FR pp. 21944-68) five final rule changes for further

implementation of the WPS. Fact Sheets on these actions are included in Item F

Proposed Rule change covering glove requirements is anticipated later this Summer. As t

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become available, these rule changes will be included in Item F-15. Also, EPA has publis

a final Policy Statement on the manufacturer and distributor labeling revisions required b

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, effective,

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 presentation covering the

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

Protection Standard: Materials Developed by EPA, States, and Other Organizations,"

describes Worker Protection Standard m aterials and how to obtain them, may be obtaine

from the EPA Certification, Training and Occupational Safety Branch, (7506-

Streets, S.W., Washington, D.C. 20460, or by calling 1-703-305-7666. These WPS mater

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

State Agencies, the Cooperative Extension Service, and the Government Printing Office, 

private agricultural supply businesses.

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 a nalysis, and a Final Rule is to be

prepared for publication in early 1996.

Hazardous Waste Management Resource Conservation & Recovery

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, (

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

demonstrating financial responsibility for taking corrective action and compensating third

parties for bodily injury and property damage caused by releases from underground stora

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

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

of hazardous waste unless properly treated. Treatment standard s 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

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

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

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

Restrictions for Third Scheduled Wastes.

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

Rule to establish treatment standards for formerly characteristic wastes primarily manage

land based waste-water treatment systems, whose ultimate discharg e is regulated under t

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. 1556

668) and is listed as Item C-88. The "Phase IV" Prop osed Rule addresses whether land

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

Restriction (LDR) program. Treatment standards will also be established for wood preser

and mineral processing wastes. Publ ications of the Proposed Rule for "Phase IV"

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.

LENDER LIABILITY CLARIFICATION: UNDERGROUND STORAGE TANKS

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 Storage Tank (UST

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 Final Rule "Under-ground Storage Tanks--Lender Liability"

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

September 7, 1995, FR pp. 46691-715, and is included in the Item C-85.

UNIFORM HAZARDOUS WASTE MANIFEST UPDATE

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

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 man

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

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.

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 previou sly promulgated "mixture" and "deriv

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 t he "mixture" and "derived from" rules. These

actions were taken in the FR of October 30, 1992, pp. 49278 80, included in Item C 79. E

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

"Identification and Listi ng of Hazardous Waste: Hazardous Waste Identification

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

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

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riety of exposure pathways and receptors. An companion rule-making proposing alternati

regulations for environmental media contaminated with hazardous waste was proposed on

4/29/96 (FR pp. 18779-864). This Rule proposes to establish exemption standard s

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

waste management requirements. These proposed rules are included in the Item C

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 c omment on two options: the

first 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 landfills, and the other was to add mercury lamps to EPA's Universal Waste Ru

(see Item C-51) on Hazardous Waste Recycling. Over 300 public comments have been

received on the Proposed Rule. A supplemental analysis is now underway and is expected 

be completed around Fall 1996. At that time a schedule for final action will be determine

This 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, ter med "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

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 June 2

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

Rule. Further Rule-making is now underway to revise the general requirements for hazard

waste recyclers, and a Notice of Proposed Rule-making is anticipated for early 1997.

EPA SMALL QUANTITY GENERATOR HANDBOOK UPDATE

In 1986, the EPA published "Understanding the Small Quantity Generator Hazardous W

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

included in Item C-10, along with other informational material, including the

jacket "Does Your Business Produce Hazardous Waste?" [EPA/530-SW-90-027]. The Ite

C-10, over the past "years," has been one of the items most often requested. EPA has

prepared an updated SQC Handbook [EPA 530-K -95-001], April 96, and is available Ite

-10 listing. The new Handbook includes reference to the Land Disposal Restrictions

notification requirements. (Here, reference is made to Land Disposal Restrictions: Summ

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 us ed oil and 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

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of the Rule, with instructions, 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 segregati

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

mixture provisions of the Management Standards, by the EPA, was published in the

Register, on October 30, 1995, pp. 55202-6, to address the applicability of the LDR to

characterized mixtures of used oil and characteristic hazardous waste. It is not anticipated

that the changes resulting from the Administrative Stay will hav e more than minimal imp

on small businesses (e.g., service stations and lube shops). A copy of this Administrative

Stay which explains the provisions in greater detail is included in the Item C-36.

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

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

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

exhibits a hazardous waste characteristic ).

This series of events is quite complex, so to apprise those impacted by the recent Court

action, EPA will publish shortly a Final Rule, Notice of Vacatur of Administrative Stay, i

the Federal Register.

This Rule will clarify the regulatory status of mixtures of used oil and the hazardous wast

destined for recycling described above in light of the Court's vacatur of the administrative

stay and eliminates the explanatory note to 40 CFR 279.10(b) (2), which was included in 

notice of the administrative stay. In addition it will notify the public as to the provisions o

recent EPA proposal which may affect such mixtures.

EPA has also learned from the Court that the used oil mixture rule is subject to further

question, so that additional rule-making may be anticipated. We will keep Item

as this and any further rule-making changes are made.

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 Safet y 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 Sma

Business" pamphlet, Item K 32, and the listing of the "EHS" will be found in Title 40

parts 350 et al., July 1, 1996 edition, and in Item K 30. A Final Rule was published on 5/7

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(FR pp. 20473-90), 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

effective for the calendar year 1995 TRI (Form R) report year, to be submitted this year b

8/1/96 as annou nced in the 1/29/96 FR pp. 2272-3. It may be of interest to note that four

lawsuits were filed in the U. S. District Court for the District of Columbia which

the procedures applied by the EPA in selecting the additional chemicals to be reported , a

alleged that the scientific data supporting listing for certain specified chemicals

inadequate. However, on May 1, 1996, the U.S. District Court upheld the EPA's Final Ru

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 included in the SBO Item K

proposal, it is estimated that approximately 6,4000 additional facilities would be

submit Form R, which would increase the total number by about 30%. Additional industr

targeted for reporting include: metal mining; coal minin g; electric utilities; commercial

hazardous waste treatment; chemicals and allied products-wholesale; petroleum

-wholesale; and, solvent recovery services.

TOXIC RELEASE INVENTORY (TRI) DATA AVAILABILITY

EPA has published the "1993 Toxic Release Inventory; Public Data Release" along with

"Executive Summary" and "State Fact Sheets," which are being included in the SBO Item 

58. Requests for these public data release publications may al so be submitted

Emergency Planning and Community Right to Know (EPCRA), SARA Title III, Hotline o

800 535 0202. Among other findings, it is reported that on-site industrial releases of

listed toxic chemicals into the nation' s environment in calendar year 1994 totalled 2.26

billion pounds. (In 1988, this amount was a little over 3.5 billion pounds, so that the over

toxic releases has declined a little over 44% from 1988 to 1994.) The corresponding data

releases for calen dar year 1993 are included in Item K-57, or available from EPCRA, as

above.

Superfund Comprehensive Environmental Response, Compensation an

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. Four additional reform policies were issued on 6/4

These reforms are available as Item D-19.

REPORTABLE QUANTITIES

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

Rule into a policy statemen t addressing lender liability, and involuntary government

acquisitions. This policy statement was issued December 11, 1995. The Rule and the poli

statement are included in Item D-17.

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 a nd lead levels in dust an

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 Final Rule (Item E-41) was published in

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. 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 R ule (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 (Reducing Lead Hazards when R emodeling your Hom

[EPA 747-R-94-002]; (2) an EPA regulation requiring renovators to provide the informat

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pamphlet to clients before beginning work Proposed Rule, 3/2/94 FR pp. 11108

44).

INVESTIGATION TO REDUCE LEAD (Pb) CONSUMPTION & USE

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

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

may propose rules to control existing or new uses of l ead. A Proposed Rule (Item E

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

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 and

accreditation requirements to include persons performing certain asb estos related

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,

5260) effective April 4, 1994, (Item E 22).

REFACTORY CERAMIC FIBER: PROPOSED SIGNIFICANT NEW USE OF A

CHEMICAL SUBSTANCE

EPA is proposing a significant new use rule (SNUR) under Section S(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 r efactory ceramic fiber (R

in any new product form or any new applications of an existing product form. Proposed R

4/21/94 FR p. 13294, 5/4/94 FR 23041, 12/8/94 FR p. 63299, 1/5/95 FR p. 1775, 7/3/95 F

p. 34532 (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 des igned 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), Washingt on, 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.

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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 o ther environmental programs (

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, and

local governments, community-based and national environme ntal 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 teams are looking f

opportunities to change complicated and inconsistent environmental regulations into

comprehensive strategies for environmental and public health protection that all

with an emphasis on polluti on 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 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

s impler for regulatory agencies and these small businesses to implement and mana

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,

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

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

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

1996 STATE SMALL BUSINESS OMBUDSMAN AND ASSISTANCE PROGRAM

CONFERENCE

The Small Business Ombudsman and Small Business Technical Assistance Programs, wh

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

by air quality regulations, held their conference in San Diego, California, on February 28

and March 1, 1996. Attendance totalled 157, representing 44 states and 2 territories. Of th

numbers, 71 state and local agencies and 9 small business trade associations participated.

Heavy emphasis this year focused on the involvem ent of major small business trade

associations. Several educational and training "trades" were simultaneously utilized to

maximize the programs' usefulness and special needs of participating state, local

programs.

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