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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
EPA's Administrator Want To Hear From You!
Speaking to the delegates to the White House Conference on Small Business, Administrator Carol Browner announced EPA's new common sense initiatives to environmental protection and reducing the regulatory burdens on small business. She wants you to kn ow more about them. Please call 800-368-5888 or 703-305-5938 in Virginia, for a free brochure describing 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 do it now. I will make sure that your comments are placed at the highest decision making level 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 which is due to Budget Agreement factors beyond my control.
Small Business Ombudsman Functions
EPA's Office of the Small Business Ombudsman (OSBO) performs the following functions:
- Provides a convenient way for small businesses to access EPA
- Facilitates communications between the small business community and EPA
- Investigates and resolves disputes with EPA
- Works with EPA personnel to increase their understanding of small businesses in development and enforcement of environmental regulations.
Recent And Future Outreach Activities
The Office of the Small Business Ombudsman (OSBO) continues extensive outreach efforts 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, please contact the OSBO at our Toll-free phone number (8OO) 368-5888 or our local number (703) 305-5938. Since the last UPDATE, in January 1995, this Office has participated in the following events:
January 4, 1995 (Outreach)
EPA Assist. Admin. for Air & Radiation/
Small Business Trade Assn. Executives
Washington, DCJanuary 12, 1995 (Meeting)
EPA Regulatory Policy Council--EPA Deputy
Administrator & EPA Senior Managers
Washington, DCFebruary 16, 1995 (Outreach)
EPA Assist. Admin. for Enforcement & Compliance
Assurance/Sm. Bus. Trade Assn. Representatives
Washington, DCMarch 7 - 8, 1995 (Conference)
Environmental Auditing Institute Conference
Holiday Inn, Old Town, Alexandria, VAMarch 23, 1995 (Speech)
National Foundation of Funeral Services
Mayflower Hotel
Washington, DCApril 4, 1995 (Outreach)
EPA Assist. Admin. for Water/
Small Business Trade Assn. Representatives
Washington, DCApril 20, 1995 (Outreach)
EPA Small Business Ombudsman/
Sm. Bus. Trade Assn., NFIB
Washington, DCMay 16, 1995 (Meeting)
Senate Small Business Committee, Keith Cole
Russell Senate Office Bldg.
Washington, DCJune 1, 1995 (Speech)
Hamilton Ruritan Club/
Hamilton Methodist Rural Christian Church
Hamilton, VAJune 15, 1995 (Speech)
The American Warehouse Association
Mayflower Hotel
Washington, DCJanuary 11, 1995 (Outreach)
EPA Associate Administrator/Congressional &
Legislative Affairs/Sm. Bus. Trade Assn. Execs.
Washington, DCJanuary 25 - 27, 1995 (Speech)
National Small Business Ombudsman &
Technical Assistance Director Conference
Radisson
New Orleans, LAMarch 1-2, 1995 (Meeting)
Compliance Assistance Workshop
OECA & State Assistant Programs
Ritz Carlton
Washington, DCMarch 23, 1995 (Outreach)
Sm. Bus. Trade Assn. Executives/EPA SBO on Environmental Auditing
Washington, DCMarch 26 - 28, 1995 (Speech)
McDonnell Douglas Corp. Aerospace 6th Annual
Small Supplier Conference & Fair
Stoffer Renaissance Hotel
St. Louis, MOApril 5, 1995 (Speech)
Nat. Assn. of Manufacturers/Sm. Bus. Council
Lowe's L'Enfant Plaza Hotel
Washington, DCMay 5, 1995 (Meeting)
Class V Wells, EPA OW/Small Trade Association Representatives
Washington, DCMay 24, 1995 (Outreach)
Solvent Degreaser Satellite Teleconference
Univ. of Tennessee, RTP-NC
Knoxville, TNJune 11 - 15, 1995 (Outreach)
Nat. White House Conf. on Small
Business/Administrator & Dep. Admin. & AA's
Washington Hilton Hotel
Washington, DCJune 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) 305-6462 |
OTHER EPA HOTLINES
| Watershed Info. Resource System | (800) 726-5253 |
| Indoor Air Quality Information Clearinghouse | (800) 438-4318 |
| Radon | (800) 767-7236 |
| Air Control Tech. Assistance Center | (919) 541-0800 |
| Mobile Sources Emissions | (313) 668-4511 |
| Stratospheric Ozone Protection (CFCs) | (800) 296-1996 |
| Electric Magnetic Fields | (800) 363-2383 |
| Acid Rain (emissions trading, auctions, general information) | (202) 233-9620 |
| Safe Drinking Water (public water supply, technical and regulatory issues) | (800) 426-4791 |
| Waste Water/Small Flows Clearinghouse | (800) 624-8301 |
| Storm Water: Office of Water Resource Center | (202) 260-7786 |
| Wetlands Information | (800) 832-7828 |
| Pollution Prevention Clearinghouse | (202) 260-1023 |
| RCRA (Haz. Waste) Ombudsman | (800) 262-7937 |
| Solid and Hazardous Water (RCRA), Superfund (CERCLA), and Underground Storage Tanks | (800) 424-9346 (703) 412-9810 |
| Emergency Planning & Community Right to Know (SARA Title III) (EPCRA) | (800) 535-0202 (703) 412-9877 |
| Toxic Substances Control Act (TCSA) & Asbestos Information/Referral | (202) 554-1404 |
| National Pesticide Telecommunications Network (provides information about pesticides--spill handling, disposal clean-up and health effects | (800) 858-7378 |
| Office of Pesticide Program Registration Div. (Ombudsman) | (703) 305-5446 |
| Public Information Center | (202) 260-2080 |
OTHER HOTLINES OR HELP LINES
| Office of Environ. Justice | (800) 962-6215 |
| Recycling Hotline | (800) 947-3873 |
| Solid Waste Assoc. of North America | (800) 677-9424 |
| National Technical Information Service (NTIS) | (703) 487-4650 |
| National Response Center (Operated by the U.S. Coast Guard for reporting oil spills and hazardous substance releases) | (800) 424-8802 (202) 267-2675 |
| Energy-efficiency & Renewable Energy Clearinghouse (Operated by the Dept. of Energy for inquiries on energy-related matters) | (800) 363-3732 |
| Department of Energy--National Alternative Fuels Hotline | (800) 423-1363 |
| Information Exchange--HAZMAT (operated by the Dept. of Transportation and the Federal Emergency Mgt. Agency for questions about the transportation of hazardous materials) | (U.S.) (800) 423-1363 (IL Only) (800) 367-9592 |
| CHEMTREC Center for Non-Emergency Services (operated by the Chemical Manufacturers Association--Health & Safety) | (800) 262-8200 |
| Environ. Health Effects | (800) 643-4794 |
| National Lead Information
Center (General Information) (Technical Assistance) |
(800) 532-3394 (800) 424-5323 |
| Small Business Association | (800) 827-5722 |
| Occupational Safety & Health Administration (Worker Safety) | (800) 321-6742 |
| Consumer Product Safety Commission | (800) 638-2772 |
| Government Printing Office | (202) 512-1800 |
Regional Small Business Liasons
| Region | States | Contact | Phone |
|---|---|---|---|
| 1 | CT, ME, MA, NH, RI, VT | Dwight Peavey | (617) 565-3230 |
| 2 | NJ, NY, PR, VI | Kathleen Malone | (212) 637-4083 |
| 3 | DE, DC, MD, PA, VA, WV | Mike Wilken | (215) 597-1229 |
| 4 | AL, FL, GA, KY, MS, NC, SC, TN | Annette Hill | (404) 347-3555 x6775
|
| 5 | IL, IN, MI, MN, OH, WI | Glynis Zywicki | (312) 886-4571 |
| 6 | AR, LA, NM, OK, TX | Al Coy | (214) 665-2206 |
| 7 | IA, KS, MO, NE | Charles Hensley | (913) 551-7519 |
| 8 | CO, MT, ND, SD, UT, WY | Environmental Info. | (303) 312-6312 |
| 9 | AZ, CA, HI, NV, AS, GU | Joe Ochab | (415) 744-1628 |
| 10 | AK, ID, OR, WA | Floyd Winsett | (206) 553-1138 |
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 completing the Publication Order form on page 19. In addition, the Ombudsma n's Office maintains an inventory of over 200 EPA and related publications containing useful environmental information for small business. A complete listing of these publications can be obtained by 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 some more things we have done or are currently doing to help you over the past year.
- 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 the 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 four 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 the Institute of Environmental Auditing.
- Was EPA link with the White House Conference on Small Business and continue to work with the EPA Senior Managers and Small Business Administration to implement conference recommendations made to EPA.
- Developed small business regulatory impact studies for several small business trade associations.
- Participant as key player in the joint Small Business Administration and Office of 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 February 1996.
- Issued a grant for the development of materials and the conduct of State Compliance Advisory Panel training. Conducted State Small Business Compliance Advisory Training Course in October 1995.
- Conducted EPA Small Business Regional Liaison's Annual Conference in August 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 Air Act Amendments of 1990, which outlines the latest implementation schedule by industry for 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 the steps that the Agency is undertaking to ensure the efficient and effective implementation of 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 Technical and Environmental Compliance Assistance Programs required by Section 507 of the Act. For a copy of the latest Implementation Strategy (November 1995), Facts on the 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 programs was 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 specifies 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 permitting fees based on their emissions of regulated air pollutants under the Act. EPA will defer some permit requirements for smaller pollution emission sources for non-specified periods, until the Agency completes rule-makings to either exempt a given non-major source category on a permanent basis or to require permitting. The Final Rule also allows States to issue a general permit covering 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 encourages this provision. A second Final Rule (Item I-25), which augments the Permit Rule, 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 the content for the application. In addition, in r esponse to recent litigation and other identified problems with the Permit Rule, revisions have been issued or proposed which are included in Item I-25. The most significant change is to restructure the process for revising permits to provide more fle xibility to industry and permitting agencies.
More flexibility, pertaining to permit modifications, was issued on August 31, 1995 to allow states and companies to expedite changes to their operating permits and programs. Also, on 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 revision to their federally-approved State Implementation Plan (SIP) by Nov. 15, 1992, to establish a Small Business Technical Assistance Program to assist stati onary sources in complying with the Act. Section 507 also requires the designation of a State office to serve as Small Business 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 Act Amendments to assist states with planning and implementation were published on February 5, 1992 (Item I-35). Also, as an aid in program evaluation and program plan development, the 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 some 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 States have a full or partially operational Technical Assistance Program, and 39 States have a full or partially appointed Compliance Advisory Panel. We strongly urge you to use them.
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 establishes new Federal controls on small sources of air pollution that will u ltimately affect thousands of small business establishments. This Guide is designed to provide small businesses with a broad overview, as simply as possible, of the Act's complex requirements and components, and the effects these are likely to have on sm all business in general. The guide also provides 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 Should 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 for each listed category of major and area source. On July 16, 1992, the Agency published in the FR an Initial List of Categories of Sources Under Section 112(c)(1) of the CAA of 1990, and 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 categories 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 establish 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 has responded to the need for National Emission Standards for Hazardous Air Pollutants (NESHAP) for the dry cleaning industry (Item I-27), halogenated solvent cleaning process (Item I-21) and chromium electroplating and anodizing opera tions (Item I-22). Under the new Clean Air Act Amendments, the Agency has recently issued other new rules that affect small businesses. The latest to be finalized are Rules to control Ethylene Oxide Emissions from Commercial Sterilization and Fumigation Operations (Item I-23); Wood Furniture Manufacturing Operations (Item I-41); Proposed Cold Cleaning Operations (Item I-21); and, Proposed Standards for the Printing and Publishing Industry (Item I-42). In addition, rules pertaining to Architectural Coat ings, Asbestos Processing, Mineral Wool Production, Consumer Products and others will be forthcoming in the near future. EPA is also addressing 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, and a series of amendments and corrections have also been issued pertaining to testing 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).
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 hav e separate "test 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 training and licensing requirements, are outlined in the Rul e. This regulation impacts automotive service stations and repair shops currently involved with vehicle testing and repair, and all consumers that have a registered motor vehicle. Considerable cost is involved in the purchase of the necessary test equip ment under the new l/M Rule. The program required will vary for 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 original 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 18, 1995, a Proposed Rule was issued relative to On-Board Diagnostic Procedures (Item I-29).
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 carcinogenicity. 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 rule-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, which has 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," "Machine Wet Cleaning," "Liquid Carbon Dioxide Technology," and "Microw ave Drying" (use of microwaves instead of heat for minimizing garment shrinkage in water based techniques). In connection with this study, the EPA is working with the Federal Trade Commission (FTC) to 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 under the 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 Rule may 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 December 20, 1993, requiring all industrial, commercial, and coin-operated dry cleaning facilities using perchloroethylene to file a "status" of compliance report by June 18, 1 994. The Rule requires 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, although they must periodically check for and repair leaks. On December 13, 1995, the Agency issued a Proposed Rule to exempt certain "non-major source facilities." All of this is explained, and 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 Act 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), July 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. Such use, for example, is made in the aerospace and motor vehicle manufacturing industries. Two basic 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 the 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 in the standards. However, no alternative emission standards are set-forth for the "Batch" cold cleaning machines. The Final Rule was published on December 2, 1994, FR pp. 61801-20 and is included in Item I-21. For the facilities covered by the Rule, compliance is required by "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 RULE-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. 46602-6. This notice withdraws a previous Notice of Proposed Rule-making (NPRM) published in th e June 11, 1980, FR p. 39765, proposing standards of performance for organic solvent cleaners, including certain halogenated compounds for cleaning operations. This new VOC cleaning agent Proposed Rule would set emission limits for reactive organic const ituents of mineral spirits, Stoddard Solvents, and naphthas, which are not covered by the Halogenated Solvent 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 other manufacturing operations may use cold cleaning machines such as would be covered under this Proposed Rule. A copy of the Proposed Rule is included in Item I-21.
WOOD FURNITURE MANUFACTURING OPERATIONS (NESHAP) FINAL RULE
The EPA has published a Final Rule limiting air emissions from wood furniture manufacturing operations. Wood Furniture (Surface Coatings) are listed as a hazardous air 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-off operations. The Final Rule establishes air emission limits including finishing coat operations 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, transfer and application of coatings and solvents. All new and existing wood furniture manufacturing 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 reporting are also required under the Rule. The Final Rule and two Fact Sheets are included in Item I-41.
CHROMIUM EMISSIONS FROM HARD AND DECORATIVE ELECTROPLATING 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. Und er 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 re cord-keeping and monitoring requirements. Existing hard chromium and anodizing operations have 2 years, after the effective date of the Rule, to comply. Existing decorative chromium facilities 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 issued a Proposed Rule to exempt certain "non-major source facilities" which is also included in I-22.
PRINTING AND PUBLISHING INDUSTRY (NESHAP) PROPOSED RULE
A Proposed Rule was issued on March 14, 1995, that covers two distinct types of processes in the industry. The two processes covered are publication rotogravure printers and package-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 meet emission requirements. Although most of the facil ities affected by this regulation are large operations 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 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 the Clean Air Enforcement Program. One rule authorizes EPA field inspectors "Parking Ticket" 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" or limit on penalties in the range of $15,000 to $25,000 per day. The other, authorizes the EPA to 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 to be finalized by early 1996 and will include specific guidance on the application of field citations under various typ es of violation categories to aid in uniform application. However, the Ombudsman's Office continues to have objections to awards that would smack of bounty-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 phased-out by 2002, and Hydrochlorofluorocarbons (HCFCs) by 2030. President Bush mand ated an accelerated phase-out of these chemicals, a decision endorsed at a multi-national meeting in 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 the end of 1995, published in FR on December 10 and 30, 1993, and December 20, 1994, (Item I-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 and the use of safe alternatives or substitutes.
A Final Rule on mandatory CFC recycling during the servicing of on-road motor vehicle air 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 and disposal of CFC's during the service, repair, or disposal of appliances, residential and commercial building cooling equipment, industrial process refrigeration, and mobile off-road cooling/refrigeration systems, and to personnel training/cert ification, was published on May 14, 1993. This Rule was amended and clarified, especially as related to recycling, on August 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 information is 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 non-essential products (Item I-17); Final Rule on labeling of products and co ntainers published 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 substances, with subsequent amendments 1/13/95, 6/13/95 and 10/2/95 (Ite m I-19). The efforts of the Ombudsman's Office on these rules has resulted in favorable decisions relative to record-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 regulated 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 rules 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," and "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 business interests.
NEW GUIDANCE FROM EPA ON POTENTIAL TO EMIT (PTE)
On January 25, 1995, the Agency issued explanatory and clarifying guidance relative to the 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 because they happen to be in a bad air pollution area, geographically, or the nature of their businesses dictates serious health risks regardless of gene ral air quality. Further, the most generally misunderstood aspect of PTE is that although a small facility's "actual" emissions may make it a non-major source, requiring no permit, when an emissions determination is made on its "potential" to emit, a per mit is required. The EPA PTE Guidance helps to explain the ways 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 added further guidanc e on the timing for PTE determination(s). The Office of the Small Business 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 POLICY FOR SMALL BUSINESSES
As mentioned in prior Updates, EPA's Office of Enforcement and Compliance Assurance has 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). It represents a significant step toward the encouragement of voluntary compliance with EPA air regulations.
In summary, it gives small businesses that voluntarily seek compliance assistance a limited grace period to correct a violation, or problem creating a violation, that was detected through 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 a State where the SBAP assistance is separate from t he State's Air Enforcement Program. It is expected that remedial action will be expeditiously undertaken by the small business notwithstanding this grace policy. Because some states organizational distinctions are not 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 assumptions.
A similar policy covering other media was signed on June 13, 1995. See item I-13.
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: pulp, paper and paperboard; pesticide formulating, packaging and re-packagin g; 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), 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 (Proposed 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 on these alternatives was made in the FR of June 8, 1995, pp. 302 17-58. (Many 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, lan dfills and incinerators, and metal products 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 Great Lakes Basin which will establish minimum water quality standards, anti-degradation policies, and implement procedures for water in the States of New York, Pennsylva nia, Ohio, Indiana, Illinois, Minnesota, Wisconsin and Michigan. EPA has identified 3,900 direct industrial and municipal dischargers that would be affected by the guidance. Final Rule was published in 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 instances to emplace potentially harmful levels of contaminants into and above underground sources of drinking water. On August 28, 1995, the EPA's preferred approach for the management of Class V injection wells was published in the Federal Re gister (60 FR 44652). The primary goal of this strategy is to work with States to speed up the closure of potentially endangering Class V wells using current authorities and to promote the use of best management practices 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 at (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 application 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 options for storm water discharges associated with industrial activity. The first option is to submit an 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 have passed. Using the group application information, EPA developed the industry-specific Multi-Sector 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 facilities 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 industrial sectors under one permit and is part of the EPA's program to give permittees flexibility and incentives to pursue effective storm water controls tailored to their local situation. The third option is to file a Notice of Intent (NOI) to 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) 260-7786. All storm water discharges associa ted 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 prevention plan, a flexible, site-speci fic document.
The next phase of the storm water program is currently under development and a number of options were created on possible targeting and control options for all remaining light industrial, commercial, retail, and residential storm water discharges, to the extent necessary 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) 368-5888 and request Item G-9,Overview of the Storm Water Program.
ABOVE-GROUND STORAGE TANKS AST/SPILL PREVENTION CONTROL AND COUNTER-MEASURES UPDATE
The EPA has promulgated the Oil Pollution Prevention rules under Title 40 CFR part 112, requiring that facilities prevent oil spills and ensure preparedness in the event of spills. This rulemaking is commonly known as the Spill Prevention Control and Countermeasure (SPCC) 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 facilities notifying EPA that they exist. The SPCC program concerns regulation of non-transportation related facilities with above ground storage capacity in excess of 1,320 gallons or 660 gallons 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 that 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-section of 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 as basi s for revision (and development of future) regulations. Future regulations may reduce the number of smaller facilities which EPA will regulate, or may reduce the regulatory burden of the smaller facilities. Further rulemaking following the Proposed Rule of October 1991 will be undertaken after the study of the facilities is completed.
The second Phase of rulemaking concerns facility preparedness and development of response plans under the the Oil Pollution Act (the Act of 1990) which requires that EPA issue regulations to require "Facility Response Plans" (FRP) covering events which could cause substantial harm to the environment. Under this Phase II, the Agency has published a Rule, O il Pollution Prevention; Non-Transportation-Related On-Shore Facilities, which appeared in the July 1, 1994, FR pp. 34069-136 with Corrections September 26, 1994, FR pp. 49005-6. This Final Rule with Corrections is included in publication Item C-77.
Pesticides - Federal Insecticide, Fungicide & Rodenticide Act
AGRICULTURAL PESTICIDE WORKER PROTECTION STANDARDS UPDATE
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 regulation is known as the Worker Protection Standard (WPS). In addition, the EPA published a manual, The Worker Protection Standards (WPS) for Agricultural Pesticides - How to 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 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 e 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 Item F-15. Also, EPA has published a final Policy Statement on the manufac turer and distributor 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 not unduly burdensome for agricultural production.
COMPLIANCE ASSISTANCE TOOLS FOR PESTICIDE WORKER PROTECTION
EPA has available many items to assist in compliance with the Worker Protection Standards, 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 Protection Standard: Materials Developed by EPA, States, and Other Organizations, which describes 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.W., 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 Agencies, 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 Federal Register (FR) on July 21, 1995, pp. 37710-44. This CPSC Final Rule revised the CSPC child-resistant packaging (CRP) standards and testing procedures, as set forth in Title 16 Code of Federal Regulations (CFR) parts 1700.15(b) and 1700.20. The Poison Prevention Packaging 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, Fungicide, and Rodenticide Act (FIFRA), Section 25(c)(3) to have packaging standards consistent with those established under PPPA of 1970 which is administered by the CPSC. To avoid 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, the EPA will 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 presented 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)
EPA proposed revision of the rules in Title 40 of the Code of Federal Regulations (CFR) part 171 governing the certification of applicators of restricted use pesticides (11/07/90 FR). The 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 being 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 spelled out in Title 40 Part 280, Subpart H, of the Code of Federal Regulations (CFR) and this Subpart is included in the Item C-31.
UNDERGROUND STORAGE TANKS CONTAINING HAZARDOUS SUBSTANCES 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 pa rties for bodily injury and property damage caused by releases from underground storage tanks (USTs) containing hazardous substances. Comments provided from the ANPRM have helped in the consideration of further action to be taken. However, no further ac tion is now 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 disposal 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 treatment standards for certain ignitable (D001) and corrosive (D002) wastes. To avoid any ban on the 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, (FR pp. 29859-87) and a copy of this Interim Final Rule is i ncluded with Item C-67, Land Disposal 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 discharge is regulated under the Clean Water Act (CWA), and to establish treatment standards for newly 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 to 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 IV" 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.
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 Sto rage 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 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-85.
UNIFORM HAZARDOUS WASTE MANIFEST UPDATE
Further Rule-making actions under consideration which address management of hazardous wastes include an "update" of the existing Uniform Waste Manifest to make it simpler, less burdensome from the standpoint of paperwork, consistent with the overall Agency objectives 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 well 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 "derived-from" rules. EPA, after reviewing comments on a Proposed Rule addressing the Definition of 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-79. EPA now has published a Proposed Rule (FR December 21, 1995, pp. 66344-469) under the title Identification and Listing of Hazardous Waste: Hazardo us Waste Identification Rule. This 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 proposed "Hazardous Waste Identification Rule (HWIR)." This Rule proposes consideration of media contaminated with hazardous wastes and establishment of exemption standards for certain 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-Containing Lamps," has been considered. A Proposed Rule was published on July 27, 1994, FR pp. 38289-304. The objective of the Proposed Rule is to obtain comment 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 Rule (see Item C-51) on Hazardous Waste Recycling. This Proposed Rule on mercury lamps is included in the Item C-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 governing the collection and waste recycling, such as battery recycling and management of recalled 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 management, and is the Final Rule stemming from a Proposed Rule which was publis hed on February 11, 1993 FR pp. 8102-34. A Supplemental Notice was also published on June 20, 1994, FR pp. 31568-9 which announced availability of cost data supportive of the Proposed Rule. Further Rule-making is now underway to clarify requirements for hazardous waste recyclers, and a 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 Waste Rules--A handbook for Small Business [EPA/530-SW-86-019]. This Handbook is included in Item C-10, along with other informational material, including the 1990 Update jacket Does Your Business Produce Hazardous Waste? [EPA/530-SW-90-027]. Also, Item C-10 includes an insert with additional texts which augments and updates the Handbook. The Item C-10, over the past "years," has been one of the ite ms most often requested. EPA has been working on an update for the Handbook and now anticipates its publication in Spring 1996, and when 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 Definition of Solid Waste, and these pertain to used oil management and are included in the Item C-36. 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 portion of 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 ' 3014. On September 15, 1994, the Court remanded the record in the case, without vacating any portion 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 segregation 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 EPA, has been published in the Federal Register (FR) on October 30, 1995, pp. 55202-6, to 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., 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.
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 releases 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 inventories of hazardous substances, which for any time in the reporting year exceed the stated reporting 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 parts 350 et al., and in Item K-30. A Notice of Proposed Rule-making (NPRM) was published on October 12, 1994 which addresses review of several ci tizens' petitions requesting revisions in the listing of the Extremely Hazardous Substances (EHS). The NPRM, and a Final Rule published on June 12, 1995, on "Reportable Quantity Adjustments" are included in K-30.
TOXIC RELEASE INVENTORY (TRI) DATA AVAILABILITY
The "1993 Toxic Release Inventory; Public Data Release" with [EPA 745-F-95-002, March 1995], [EPA 745-R-95-010, March 1995] is now available and presents the analysis of the calendar year 1993 Toxic Release Inventory Data (Item K-57). Requests for th e public data release for calendar year 1993 may also be submitted directly to the Emergency Planning and Community Right-to-Know (EPCRA), SARA Title III, Hotline on I-800-535-0202. Among 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 or more employees to submit "Form R" reports to the EPA annually on July 1st for the "Toxic Release Inventory" (TRI) listed chemicals when they are either "used," manufac tured, or incorporated into products in quantities above stated thresholds. These "TRI" reporting instructions for the calendar year 1995 reports will be included in Item K-45 after the first of 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 61432-87. This Final Rule (included in Item K54) is effective for the calendar year 1995 TRI (Form R) report year, to be submitted this year by 8/1/96 as announced in the 1/29/96 FR pp. 2272-3. It may be of interest to note that four lawsuits have been filed in the U. S. District Court for the District of Columbia which challenge the procedures applied by the EPA in selecting the additional chemicals to be reported, and allege that the scientific data supporting listing for certain specified chemicals were inadequate. Briefing in the four cases is scheduled for completion by the end of February, 1996, with oral argument in late March.
Changes are also being studied by EPA which address the expansion of the SIC Code base to 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's 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, 1992, 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, Kelly vs. EPA, struck down this Rule, finding that the EPA lacked authority to define the scope of liability by regulation. This Rule, as published, is included in the Item D-17. Following the Court action, guidance is now being drafted to "translate" the Rule into a policy statement addressing lender liability, and involuntary government acquisitions. Guidance was issued on 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, and 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 Guidance (Item E-45) on this topic to provide information while a Proposed Rule is being developed, 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 lease of pre-1978 housing: (1) disclosure of lead-based paint hazards; (2) provisions of a lead paint information brochure to the prospective buyer or renter and for buyers; (3) the opportunity to conduct a lead risk assessment or inspection. The Proposed Rule (Item E-41) was published in the 11/2/94 FR pp. 54984-55004.
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 promulgate a 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 9/2/94 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 after consultation with HUD and CDC and, (2) an EPA regulation requiring renovat ors to provide the information pamphlet to clients before beginning work (Item E-44), 3/2/94 FR pp. 11108-20.
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, EPA may propose rules to control existing or new uses of lead. A Propose d Rule (Item E-42) for Lead Fishing Sinkers was issued in the FR on March 9, 1994, pp. 11122-43. Final Action is expected by December 1997.
ASBESTOS MODEL ACCREDITATION PLAN
The Asbestos School Hazard Abatement Re-authorization Act (ASHARA) amended TSCA to require that EPA revise its asbestos model accreditation plan to extend training and accreditation requirements to include persons performing certain asbestos-related w ork in public and commercial buildings, to increase the minimum number of training hours required 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 5236-5260) 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 2 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 variety of projects which were supported by EPA and small business sectors are represented.
Innovative Clean Technologies Case Studies, First Year Project Report and Innovative Clean Technologies Case Studies, Second Year Project Report are available from Karen V. Brown, 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.
FINAL POLICY ON ENVIRONMENTAL SELF-AUDITING AND SELF-DISCLOSURE
On December 22, 1995, EPA issued a final policy on incentives for businesses to voluntarily discover, disclose, and correct violations of environmental Rules and requirements (12/22/95 FR pp. 66705-12). The policy is effective January 22, 1996.
Provided a company meets all nine policy conditions, there will be no gravity-based (punitive) penalty, but any economic benefits may be collected. However, if the discovery is not through a formal audit or systematic self-policing, although the othe r eight conditions 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 participation in compliance assistance programs with prompt correction of violations. It applies the principles 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, and local governments, community-based and national environmental groups, en vironmental justice groups, labor, and industry to examine the full range of environmental requirements impacting six pilot industries--automotive manufacturing, computers and electronics, iron and steel, metal finishing, petroleum refining, and printing. These six teams are looking for opportunities to change complicated and inconsistent environmental regulations into comprehensive strategies for environmental and public health protection that all can agree to, 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 encouraging 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 refining 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--contaminated, 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 regulations in the auto manufacturing sector, without sacrificing public health protection
- Creating a new consolidated permit system for the printing sector that will provide better environmental protection for our air, land and water, improve worker protection, and provide these small businesses with operational flexibility
- Testing the environment and economic effects of providing greater flexibility for recognized environmentally responsible metal finishing sector firms to achieve beyond compliance environmental performance.
For more information on the CSI, please call the CSI Program Staff on 202-260-7417.
1996 STATE SMALL BUSINESS OMBUDSMAN AND ASSISTANCE PROGRAM CONFERENCE
The Small Business Ombudsman and Small Business Technical Assistance Programs, which are required under Section 507 of the 1990 Clean Air Act to aid small businesses impacted by air quality regulations, will hold their next conference in San Diego, California, February 28, 29, and March 1, 1996.
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