January 1997 Update Newsletter

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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 final 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) five final rule changes, and on June 26, 1996 EPA published two Final Rule changes (FR pp. 33202-13), for further implementation of the WPS. Fact Sheets on these actions are included in Item F-15. A Proposed Rule change covering glove requirements is anticipated later this Summer (1997). As they become available, these rule changes will be included in Item F-15.

RESTRICTED USE CRITERIA FOR PESTICIDES IN GROUND WATER PROPOSED RULE

A Proposed Rule was published, in the May 13, 1991, FR pages 22076-9, which 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 Rule is to be prepared for publication in September 1996.

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Hazardous Waste Management Resource Conservation & Recovery Act

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 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 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 included 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" Final Rule to establish treatment standards for formerly characteristic wastes primarily managed in land based waste-water treatment systems, whose ultimate discharge is regulated under the Clean Water Act (CWA), and to establish treatment standards for newly listed carbamates and organobromine wastes. The Final (Phase III) Rule was published (4/8/96 FR pp. 15565-668) with subsequent corrections and revisions listed as Item C-88. 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 for wood preserving wastes are scheduled to be set forth in a Final Rule in April, 1997. The second supplemental proposal on treatment standards for toxicity characteristic metal wastes and metal constituents of other wastes is also scheduled for April, 1997. The Final Rule for these wastes is now anticipated for April 1998. Publications of the Proposed Rule for "Phase IV" and Definitions and Clarifications, Supplemental Proposals are found in the 8/22/95, 10/25/95, 1/25/96 and 3/25/96 FR and are listed in the Item C-89. The FR Notices on the forthcoming rule-makings will also be included in Item C-89 as they become available.

UNIFORM HAZARDOUS WASTE MANIFEST UPDATE

Further Rule-making actions under consideration which address management of hazardous 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 manifest in the optional blocks provided on the form. This can become burdensome when waste must 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 utilizing automated information technologies where they facilitate access to and storage of manifest data while preserving the positive features of the current system which are effective in protecting human health and the environment.

The hazardous waste manifests are currently regulated at the state level. Some states require payment of a fee for furnishing clear copies of the manifest used in the state. (See Item on the EPA Small Quantity Generator Handbook Update on this page.)

HAZARDOUS WASTE IDENTIFICATION RULE RE-PROPOSAL

Other rule-making actions concerning management of hazardous wastes which have been reported in the FR, and referenced in prior Updates concerned the December 9, 1991, U.S. Court of Appeals ruling which vacated the previously promulgated "mixture" 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-from" 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: Hazardous Waste Identification Rule." This proposes a "self-implementing" exemption for low-risk listed hazardous wastes, while still protecting health and environment. This Proposal includes a risk analysis that evaluates a variety of exposure pathways and receptors. The Final Rule is scheduled for publication in the FR, February, 1997.

A companion rule-making proposing alternative regulations for environmental media contaminated with hazardous waste was proposed on 4/29/96 (FR pp. 18779-864). This Rule proposes to establish exemption standards for certain low-risk contaminated media, so that they may not necessarily be subject to all hazardous waste management requirements. The Final Rule covering these standards scheduled for publication in the FR, June, 1997. These proposed rules are included in the Item C-87, and will be replaced by the Final Rules as they become available.

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. Over 300 public comments have been received on the Proposed Rule. A supplemental analysis is now underway and a Final Rule is expected to be completed in late 1997. The Proposed Rule on mercury lamps is included in the Item C-80.

NEW HAZARDOUS WASTE RECYCLING REGULATIONS

EPA has promulgated new streamlined hazardous waste management regulations governing the collection and transportation of certain wastes which are frequently recycled, such as batteries, recalled pesticides, and mercury thermostats, termed "Universal Wastes." This Final rule (5/11/95 FR pp. 25491-551) is included in the Item C-51. This rule greatly facilitates the environmentally-sound collection for proper recycling procedures and waste management, and is the Final Rule stemming from a Proposed Rule which was published 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 revise the general requirements which will concern generators and hazardous waste recyclers, and a Notice of Proposed Rule-making is anticipated for 6/97.

EPA SMALL QUANTITY GENERATOR HANDBOOK UPDATE

A new handbook has been published, "Understanding the Hazardous Waste Rules--A Handbook for Small Business--1996 Update" [EPA-530-K-95-001], June 1996, which is available in Item C-10. Also included along with the Handbook in Item C-10 is an Addendum, which provides information on Department of Transportation regulated waste transport requirements and domestic sewage requirements for hazardous wastes. In addition, in an "Appendix A," the Regional and State contacts for the regulated waste program are "updated," and notations are made on which States require fees for obtaining copies of the Waste Manifests for transport of the waste generated. Other appendices in the Addendum provide sources of information and guidance on waste minimization and pollution prevention.

USED OIL MANAGEMENT COURT CHALLENGE UPDATE

On 1/19/96, the United States Court of Appeals for the District of Columbia Circuit vacated 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) (2). The provisions of the used oil mixture rule at issue relate to mixtures of used oil destined for recycling and characteristic hazardous waste (including waste listed as hazardous because it exhibits a hazardous waste characteristic).

This series of events has been quite involved, so to inform those concerned with the Court action taken, the EPA has published a Final Rule concerning used oil, in the Federal Register, 6/28/96 FR pp. 33691-3, which is included in Item C-36. This Rule clarifies the regulatory status of used oil and hazardous wastes 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 the notice of the administrative stay. In response to a Court Order, EPA is now reviewing the used oil mixture rule, including review of data submitted by industry in anticipation of a future rule-making.

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Emergency Planning, Community Right-To-Know Act

SUPPORTING THE STATE LOCAL EMERGENCY PLANNING COMMITTEES (LEPC)

One major requirement of the Act includes emergency planning; reporting accidental 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 requirements are explained in the "Community Right-to- Know and Small Business" pamphlet, Item K-32. A Final Rule was published on 5/7/96 (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 "Toxic 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 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) was initially effective for the calendar year 1995 TRI (Form R) report year, as announced 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 challenged the procedures applied by the EPA in selecting the additional chemicals to be reported, and alleged that the scientific data supporting listing for certain specified chemicals were inadequate. However, on May 1, 1996, the U.S. District Court upheld the EPA's Final Rule.

EPA has also undertaken rule-making directed to expansion of the SIC Code base to be used for submission of the Form R Reports, and a Notice of Proposed Rule-Making has been published, 6/27/96 FR pp. 33588-618. This notice is now included in the SBO Item K-29. In the proposal, it was estimated that approximately 64,000 additional facilities would be required to submit Form R, which would increase the total number by about 30%. Additional industries targeted for reporting included: metal mining; coal mining; electric utilities; commercial hazardous waste treatment; chemicals and allied products-wholesale; petroleum bulk stations-wholesale; and solvent recovery services.

It is now anticipated that the Final Rule on the SIC Code expansion will be published early this year (1997). And, as soon as it is published in the Federal Register (FR), copies of the Final Rule will replace the Notice of Proposed Rule-making now included in Item K-29.

There are two other changes in the Toxic Release Inventory (TRI) reporting now under consideration by the EPA. One change concerns addition of more data elements for the TRI reporting and an Advanced Notice of Proposed Rule-making on the additional data elements to be considered has been published in the 1/1/96 FR pp. 51321-331, and the comment period on this Notice has been extended to February 28, 1997 by FR Notice of January 3, 1997 p. 365-6, and these are included in Item K-59. The other change would involve lowering the reporting thresholds on high-risk items. An Advanced Notice of Proposed Rule-making on this proposed change is currently scheduled for publication in Fall of 1997.

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Superfund Comprehensive Environmental Response, Compensation & Liability Act

CERCLA LENDER LIABILITY GUIDANCE

One of the goals of the Final CERCLA Lender Liability Rule, published on April 29, 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. Following the Court action, guidance was drafted to "translate" the Rule into a policy statement addressing lender liability, and involuntary government acquisitions. This policy statement was issued December 11, 1995. A Fact Sheet on effect of Superfund on lenders was published in August, 1996. The Rule and the policy statement are included in Item D-17.

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Toxic Chemicals & Toxic Substances Control Act

LEAD-BASED PAINT HAZARD INFORMATION REQUIREMENTS BEFORE SALE OR LEASE OF PRE-1978 HOUSING

This is a joint HUD/EPA regulation requiring the following before the sale or lease of pre-1978 housing: (1) disclosure of lead-based paint hazards; (2) provisions of a lead paint information brochure to the prospective buyer or renter and for buyers; (3) the opportunity to 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. Program Accreditation, Individual Certification and Work Practice Standards were published in Final Rule: 8/29/96 FR pp. 45813-30 (Item E-40).

LEAD: PROPOSED SIGNIFICANT NEW USES

EPA is exploring the possibility of issuing significant new use rules (SNUR) for certain uses of elemental lead (P6) and lead compounds under Section 5(a)(2) of the Toxic Substance Control Act. The SNUR would require persons to notify EPA at least 90 days before commencing the manufacture, import or processing of lead compounds. Advance Notice of Proposed Rulemaking 9/28/94 FR pp. 49484-91 (Item E-46).

REFACTORY CERAMIC FIBER: PROPOSED SIGNIFICANT NEW USE OF A CHEMICAL SUBSTANCE

EPA is proposing a significant new use rule (SNUR) under Section 5(a)(2) of the Toxic Substances Control Act (TSCA) which would require persons to notify EPA at least 90 days before commencing the manufacture, import, or processing of refactory ceramic fiber (RCF) in any new product form or any new applications of an existing product form notice. Proposed Rule 3/21/94 FR p. 13294, 5/4/94 FR 23041, 12/8/94 FR p. 63299, 1/5/95 FR p. 1775, 7/3/95 FR p. 34532, 9/10/96 FR p 47752 (Item E-53).

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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 demonstrate 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), Washington, D.C. 20460. Please call the toll-free hotline at 800-368-5888 for more information.

FINAL POLICY ON ENVIRONMENTAL SELF-AUDITING AND SELF-DISCLOSURE

On December 22, 1995, EPA issued a final policy on incentives for businesses to 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 other eight conditions are 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 using compliance assistance, and promptly correcting violations. It applies the principles of the Clean Air Act Section 507 Policy of August 12, 1994 to other environmental programs (see Item I-13).

FOR SMALL BUSINESS

The U.S. EPA's voluntary Energy Star programs, since 1990, have helped businesses across the country "prevent pollution at a profit" through energy efficiency. EPA has provided technical information and customer support, through which Energy Star Partners have earned energy savings averaging 30-50 per cent. Now, a new program designed for smaller facilities--Energy Star Small Business--is available.

Every time a light or a computer or a motor is turned on, a power plant consumes some type of fuel to generate electricity. This in turn leads to pollution, because when fossil fuels are burned to produce electricity, chemicals that contribute to air pollution are released.

The Energy Star Small Business Program provides an Upgrade Guide, case studies, fact sheets, a toll-free customer support hotline, a Finance Directory and an interactive Web site. Small Business Partners can also receive public recognition for their "success stories" and are eligible for national awards.

For more information about the ENERGY STAR Small Business Program, call the toll-free hotline at 1-888-STAR YES, or visit the Web site at www.epa.gov/smallbiz

EPA's COMMON SENSE INITIATIVE UPDATE

The Common Sense Initiative (CSI) is a fundamentally different vision of environmental policy. Through this initiative, EPA has convened representatives from federal, state, and local governments, community-based and national environmental groups, environmental justice groups, labor, and industry to examine the full range of environmental requirements impacting six pilot industries--automotive manufacturing, computers and electronics, iron and steel, metal finishing, petroleum refining, and printing. These six 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 taxpayers and industry.

The six teams are meeting frequently and have several exciting projects underway, including the following projects with a small business focus.

• The "Access to Capital" project is identifying barriers that metal finishing firms face 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 will be simpler for regulatory agencies and these small businesses to implement and manage, 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 everyday work practices through education and outreach. The initial target of this project will be small printers, followed by customers and suppliers;
• The "New England CLEAN Project" provides pollution prevention assistance and compliance incentives to local metal finishers in Maine and New Hampshire to achieve measurable environmental results and increased compliance, with a goal of creating a 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 enable these small businesses to meet or exceed chrome MACT standards, at less cost. The 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, now being established, will provide on-line information on regulatory requirements, pollution prevention, and technology options. The Metal Finishing Guidance Manual, co-funded by the industry and EPA, will provide a shop floor tool for plant managers to achieve compliance and pursue continuous improvement.
• The metal finishing sector's "Reporting Information Inventory Team Evaluation (RIITE) Project" assesses cumulative burden and public data needs in specific geographic areas, and conducts business process reengineering of all reporting requirements. Pilot projects are now underway in Arizona and Texas.
• The "Research and Technology Strategic Plan Project" is developing a research inventory, needs assessment/match with research programs, and plans for targeted technology development and diffusion to metal finishers.

For more information on the CSI, please call the CSI Program Staff on 202-260-7417.

SOURCE BOOK ON ENVIRONMENTAL AUDITING

EPA's Environmental Auditing Source Book for Small Business is a compilation of the bibliography, the training list and a summary matrix of these trainings that will act as a quick reference to the fifteen courses listed. This and other guidance documents can be obtained by calling the EPA SBO's Office at (800) 368-5888.

1997 STATE SMALL BUSINESS OMBUDSMAN AND ASSISTANCE PROGRAM CONFERENCE

The State Small Business Ombudsman and Small Business Technical Assistance 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 conference in Charleston, South Carolina, on February 11-13, 1997.

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