About SBO

Mission and Functions
Questions and Answers

Mission and Functions

The Small Business Ombudsman (SBO) serves as an effective conduit for small businesses to access EPA and facilitate communications between the small business community and the Agency. The SBO reviews and resolves disputes with EPA and works with EPA personnel to increase their understanding of small businesses in the development and enforcement of environmental regulations. The SBO function was established in 1982 and is currently a part of EPA's Office of Small and Disadvantaged Business Utilization located within the Office of the Administrator.

The SBO's primary customer group is the nation's small business community. Significant secondary customer groups include state and EPA regional small business ombudsmen and national trade associations serving small businesses.

In response to the identified needs of the Office's target customer groups, the SBO has undertaken a variety of major outreach efforts including:

Serving as liaison between small businesses and the EPA to promote understanding of Agency policy and small business needs and concerns.
Staffing a small business hotline that provides regulatory and technical assistance information.
Maintaining and distributing an extensive collection of informational and technical literature developed by the various EPA program offices.
Making personal appearances as a speaker or panelist at small businessrelated meetings.
Interfacing on an ongoing basis with over 45 key national trade associations representing several million small businesses and with state and regional ombudsmen who serve businesses on the local level. Also in contact with over 400 additional national organizations that represent millions of small businesses.
Providing guidance on the development of national policies and regulations that impact small businesses.
Tracking development and implementation of regulations affecting small business in support of the Regulatory Flexibility Act.

The SBO actively seeks feedback on its responsiveness to small business' inquiries and everevolving needs, primarily in the areas of technical assistance and advocacy. The SBO can "package" relevant information for the most effective and efficient delivery through training seminars, fact sheets, or position papers to a targeted audience.

Individual outreach activities are tracked and reported by the SBO on a monthly basis. Key statistics include numbers and types of hotline calls and written inquiries; nature and results of small business advocacy efforts; and personal appearances at conferences, seminars, and training sessions. Random,informal quality checks of customer satisfaction ensure that program performance meets or exceeds customer expectations.

The SBO also began serving as the Agency's Asbestos Ombudsman in 1986. In this role, the Office focuses on asbestosinschools requirements and handles questions and complaints. Information concerning asbestos management may also be obtained through t he small business tollfree hotline at (800) 368-5888.

TOLL-FREE HOTLINE SERVICE

The Ombudsman operates a toll-free hotline for the convenience of small businesses, trade associations, and others seeking free, confidential help. A member of the Ombudsman's staff will answer between 8:30 AM and 4:30 PM EST. Message-recording device s for calls during non-business hours and overload periods are provided. All calls are personally handled on a fast turn-around basis. The toll-free hotline number is:

(800) 368-5888 or (202) 566-2855 (in DC area)

Callers request information on a variety of topics including:

Explanation of regulatory requirements
Lists of reports and documents
Names and telephone numbers of liaisons
Clean Air Act regulations
Underground storage tank notification
Small quantity generator requirements
Effluent standard guidelines
Used oil
Asbestos compliance
Waste minimization/pollution prevention
Pesticide registration fees

Increases in the number of direct-dial calls and hotline calls (from 4,000 calls per year in the early 1980s to the current level of 1,100 - 1,500 calls monthly) and the associated distribution of technical and informational literature, growth in requests for personal appearances at conferences and workshops, and an expansion in participation in policymaking activities are evidence of the customer groups' confidence in the integrity and proactive stance of the SBO.

REGULATORY TRACKING AND ANALYSIS

The SBO performs a careful review of all proposed regulatory actions published in the biannual regulatory agenda to make a prima facia determination of small business impact. From the agenda, certain proposed regulations are selected that appear to have the potential for adverse impact on small businesses. In 2001, the SBO reviewed, monitored, and participated in more than 30 regulatory actions. In all instances, the SBO endeavored to minimize the requirements (especially reporting and recordkeeping) on small businesses. Equally significant is the level of voluntary compliance with EPA regulations by the small business community as a result of the rapport established between the Ombudsman and trade associations during the developmental phase of the regulations.

Regulatory Assistance and Outreach Program

FTE Employees	Title	Contact #
Angela Suber	Acting Small Business Ombudsman	202-566-2827
Bridgette Dent	Program Assistant	202-566-2819
Senior Environmental Employees (SEEs)
Esther McCrary	Senior Secretarial Support Staff	202-566-2824
Tom Nakley	Civil Engineer, CWA, SDWA and Asbestos	202-566-2826
Joseph Albright	Biologist, Asbestos, Radon, and Lead	202-566-2817

Major Functions/Products:

Serve as a port of entry “gateway” for small businesses to EPA
Advocate for small business regulatory issues and relief inside EPA
Review EPA rules, guidance, and policies for potential small business impact and provide early warning of rules with potential impacts
Coordinate small business issues with program offices, regions, and states
Focus on asbestos regulatory requirements/find answers for questions and complaints
Operate and maintain a SBO Hotline that averages over 1,000 calls per month
Participate on regulatory development workgroups representing small business interests
Prepare semi-annual Newsletter that reaches over 20,000 internal and external customers
Organize meeting with the Deputy Administrator and Small Business Trade Associations
Oversee and prepare Report to Congress on the status of CAAA State Section 507 Programs
Provide support to strengthen Small Business Environmental Assistance Programs (SBEAP)
Sponsor annual SBO/SBEAP National Conference
Sponsor annual Small Business Regional Liaison and State Conference
Develop plain-English compliance guidance, factsheets and checklists for small businesses
Resolve disputes between small businesses and EPA dealing with policies and regulations
Distribute small business publications, regulations, guidance, and tools
Maintain website with links to other assistance sources (http://www.smallbiz-enviroweb.org)

Customers:

Small Businesses/Small Business Trade Associations
State Small Business Ombudsmen and Technical Assistance Programs
EPA senior managers, media offices and agency staff, EPA regions and state agencies
Private Citizens
EPA Administrator and Deputy Administrator
Congressional representatives and staff, Governors, Environmental Counsel of States (ECOS)
Assistance providers, i.e., EPA Compliance Centers, Pollution Prevention Programs (P2), Small Business Development Centers (SBDCs), Manufacturing Extension Partners (MEPs)

Small Business Ombudsman Toll Free Hotline 800-368-5888/Local 202-566-1970
Main Line 202-566-2075 FAX Number 202-566-1505

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Questions and Answers

What is an Ombudsman; what does he/she do?

An Ombudsman is an objective problem resolver, an independent and objective source of reliable information for the general public or a specific public (Like the small business community). The current Asbestos and Small Business Ombudsman (ASBO) is Karen V. Brown.

What does EPA's ASBO do in particular?

The EPA ASBO serves as the liaison for the small business community in the development of Agency regulations and standards, communicating the needs and concerns of affected small businesses to the Working Groups writing regulations.

How is this accomplished?

The ASBO or her representative serve on a number of Working Groups. During the regulation development process, the ASBO carries on a dialogue with the working group regarding the impact or potential impact of the proposed regulation.

When the notice of proposed rulemaking is published in the Federal Register, the ASBO alerts appropriate trade associations and proprietary business organizations that the Agency is requesting comments on the proposed regulatory action. We urge them to respond as this is the appropriate time to express themselves for the record.

Why do small businesses need an Ombudsman? Can't they read the Federal Register themselves?

They can, but probably not one in 500 "Main Street" type small businesses are familiar with or subscribes to the Federal Register.

What action does the OASBO take following the publication and comment period?

We analyze the response to the Docket to determine common concerns of small business. We also analyze the Regulatory economic Impact Studies (if any) to determine the extent of impact on our constituency and reconcile these impacts with the comments to the Docket.

At this point, we serve as an advocate for legitimate small business issues and attempt to ameliorate the impact to the extent possible considering the potential environmental consequences. We have found the Working Groups to be reasonably concerned with the problems of small businesses and willing to make changes and modifications to remedy serious problems.

What follows after the Regulation is published in final form in the Federal Register?

We work to bring about 100 percent voluntary compliance. For example, we go back to the same associations and organizations and ask them to cooperate to get the word out on new regulations and urge their members to comply. If they (members) need information on how to comply, where to go to get help, etc., they are asked to call the ASBO's Hotline ((800) 368-5888).

Do they call?

Yes, in increasing numbers they are calling to get information on (among others):

Underground storage tank notification
Small quantity generator requirements
Effluent standard guidelines
Used oil
Asbestos compliance
Waste minimization
Pesticide registration fees
Clean Air Act regulations

Inquiries via letter and telephone are coming at the rate of approximately 1,500 per month. Most of them seek information that will enable compliance with a regulation.

Is an Ombudsman cost-effective?

If you can put a dollar value on voluntary compliance, it is. In fact, cost savings are tremendous. Enforcement and legal action are expensive and should be saved for major polluters. The cost of one or two lengthy legal actions could exceed the entire cost of maintaining the Small Business Ombudsman function.

The Offices main objective is to promote an atmosphere between the agency and the regulated small business community that will enhance Voluntary Compliance with our regulations. We think we have been successful to this end.

How many regulations does the Asbestos and Small Business Ombudsman track, review, and analyze?

We do a cursory review of all proposed regulatory actions published in the biannual regulatory agenda to make a prima facia determination of small business impact. From the agenda, certain proposed regulations are selected that appear to have the potential for adverse impact on small business. During the past year, we have reviewed, monitored and participated in more than 30 regulatory actions with some significant degree of intensity. In all instances, we have endeavored to minimize the requirements (reporting and recordkeeping especially) on small business. In at least eight to ten instances, we have made what we consider significant input which has resulted in a tangible benefit to the small business community.

Equally significant is the level of voluntary compliance with EPA regulations by the small business community as a result of the rapport established between the Ombudsman and the trade associations in the developmental phase of the regulation. While it would be difficult to place a dollar value on this increased level of voluntary compliance, it would be significant in comparison to the relatively low budget ombudsman function (less than $200,000 total).

The ASBO staff consists of four senior environmental personnel who assist the Ombudsman with inquiries from small businesses needing information to comply with Agency regulations.

Is there public recognition of the Ombudsman's function?

The Offices hotline receives up to 1,500 calls per month for small businesses seeking help with many issues. In addition, EPA published in its March 1988 Journal a review of the Ombudsman function as an indicator of our public recognition.