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July 1996 Update Newsletter

Memorandum

SUBJECT:	Update on Recent Small Business Activities at the U.S. EPA
FROM:	Karen V. Brown, Small Business Ombudsman
TO:	Persons Interested in Small Business Environmental Issues
DATE:	July, 1996

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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

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A New Acronym To Remember

SBREFA!!

The SMALL BUSINESS REGULATORY ENFORCEMENT FAIRNESS ACT, SBREFA, became law on March 29, 1996. It charts a new course for the promulgation of Federal Regulations that have a relatively significant impact on small business. It is a major legislative milestone in the recognition of the needs of small businesses, small communities and small non-profit entities in the development and implementation of Federal Regulations. I am pleased, therefore, to announce that the EPA is relocating the Small Business Ombudsman function to provide us more visibility and prominence in the implementation of SBREFA in the Agency. Please note the Memorandum on page 2, to Agency officials, from Mr. Fred Hansen, Deputy Administrator of EPA, announcing this action.

The new re-alignment will enable me to more effectively serve as your small business advocate in the future. I am pleased and excited.

Sincerely,

Karen V. Brown

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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.

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. In addition, the Ombudsman'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 third National Small Business Ombudsman and Technical Assistance Program Conference attended by 44 States and 2 Territories (157 participants), and have set plans for a fourth Conference early in 1997.
• Developed external stakeholder guidance and acted as a principal participant in the Agency's Fifth Regulatory Tiering (prioritizing) Process.
• Served as principal role player in the development of a new EPA policy offering compliance incentives to small businesses in all media (waste, water, toxics, etc.).
• Coordinated individual meetings, and follow-up meetings, between major small business trade associations and the EPA Deputy Administrator and Assistant Administrators to discuss small business issues.
• Developed small business regulatory impact studies for several small business trade associations.
• Participant as key player in the joint Small Business Administration and Office of Management and Budget Regulatory Reform Initiative.
• Developing in cooperation with the University of Tennessee's Industrial Services Center and the EPA Office of Air Quality Planning and Standards, a Fourth National Satellite Tele-conference (Wood Furniture Manufacturing) in the Fall of 1996.
• Initiated formal on-site environmental auditing/assessment educational and training program at the February 1996, National Small Business Ombudsman and Technical Assistance Conference.
• Developing cooperatively with all State and Territorial Small Business Assistance Programs, EPA's 1995 Small Business Ombudsman Report to Congress under the 1990 Clean Air Act Amendments.
• Managing Small Business Regulatory Enforcement Fairness Act of 1996 Small Business Entity Outreach Sub-Group in order to implement Act requirements.
• Conducted Meeting for State Small Business Ombudsmen and Technical Assistance Program "Steering Committee" with Assistant Administrator, Office of Air and Radiation, on small business issues and a "show and tell" for EPA, other Federal Agencies and Small Business Trade Associations.

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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, techincal 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

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Regional Small Business Liasons

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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 hund red regulations 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. For a copy of the la test 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). Under Title V of the Clean Air Act, States must establish programs by November 15, 1994, for issuing 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 revisions, and fees . Under the Permit Program, subject industrial sources of air pollution (including thousands of smaller businesses) will be required to obtain renewable operating permits and pay annual permitting fees based on 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 per mitting. 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, which augments the Permit Rule, was issued on May 20, 1994. This Rule stipulates that a major source must submi t 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 response to recent litigation and other identified problems with the Permit Rule, revisions have been issued or proposed. The most significant change is to restructure the process for revising permits to provide more flexibility to industry and permitting agencies. More flexibil ity, 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 June 3, 1996, a Final Amendment was issued to provide for non-major source emission exemptions. These are included in Item I-25.

CAA -- A GUIDE FOR SMALL BUSINESSES

A booklet entitled The Clean Air Act Amendments of 1990: A Guide for Small Businesses was published in September, 1992, (Item I 36). Among other provisions, the Act establishes new Federal controls on small sources of air pollut ion that will ultimately 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 likel y to have on small 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 th e New Clean Air Act."

NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS RULES AVAILABLE FOR SOME INDUSTRIES

The Agency has issued a Final Regulation entitled the "General Provision Rule" to 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 this 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 operations (Item I 22). Under the new Clean Air Act Amendments, the Agency has recently issued other new rules that affect small businesses. Some of the latest to be finalized are Rules to control Ethylene Oxide Emissions from Commercial Steri lization and Fumigation Operations (Item I 23); Wood Furniture Manufacturing Operations (Item I-41); Standards for the Printing and Publishing Industry (Item I-42); and, Proposed Standards for Consumer Products (Item I-43). In addition, rules pertaining to Architectural Coatings (Item I-45), Asbestos Processing, Mineral Wool Production, Automobile Refinish Coatings (I-44), and others will be forthcoming in the near future. EPA is also addressing National Emission Standards for hazardous organic compoun ds in production operations. This rule-making is directed 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 iss ued 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).

CLEAN AIR ACT STATE SMALL BUSINESS TECHNICAL ASSISTANCE PROGRAMS UPDATE

Section 507 of the 1990 Clean Air Act Amendments, required each State to establish a Small Business Technical Assistance Program to assist stationary sources in complying with the Act. Section 507 also requires the designation of a State office to serv e as Small Business Ombudsman and the creation of a Compliance Advisory Panel for monitoring the effectiveness of the Small Business Technical Assistance Program. Comprehensive guidelines entitled Guidelines for Implementation of Section 507 of the 19 90 Clean Air 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 Sec tion 507 Small Business Assistance Programs in May 1992. State Programs were required to be fully operational by November 15, 1994. Currently, 44 States have appointed Small Business Ombudsman, 51 States have a full or partially operational T echnical Assistance Program, and 39 States have a full or partially appointed Compliance Advisory Panel. We strongly urge you to use them.

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 these stand ards for each listed category of major and area source. On June 4, 1996, the Agency published in the FR a revision to the Initial List of Categories of Sources Under Section 112(c)(1) of the CAA of 1990, and a revised Schedule for the Promulgat ion of Emission Standards (Item I 28). Facilities within the listed source categories will be subject to emission standards developed in accordance with the schedule.

STATE MOTOR VEHICLE INSPECTION/MAINTENANCE PROGRAMS PROVIDED MORE FLEXIBILITY

On November 5, 1992, the Agency published in the FR a new, stronger vehicle emission testing rule. The Final Rule establishes a high tech emissions test on an every other year basis. The Rule requires Inspection and Maintenance (I/M) Programs to have separate "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, a re outlined in the Rule. 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 th e necessary test equipment 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 prog ram" is required to meet air quality standards. The OSBO raised strong objections to the original Rule, noting that centralized testing programs would be very burdensome to small businesses. On September 18, 1995, the Agency published a Final Rule in th e FR allowing flexibility 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 (t etrachloroethylene) should be considered as a "Group B-2" (Probable carcinogen) or "Group C" (Possible carcinogen) is still pending. In May 1995 the EPA released a report titled "Response to Issues and Data Submissions on the Carcinogenicity of Tetrachlo roethylene," EPA 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 Poll utant" [as known, or reasonably antici-pated to be "carcinogenic," among other characteristics]. It is also of interest that the International Agency for Research on Cancer (Lyon, France) publication IARC Monographs on Carcinogenic Risk to Humans, Vol. 63 (1995), Dry Cleaning: Some Chlorinated Solvents and Other Industrial Chemicals (pages 159-221) notes Tetrachloroethylene (perchlorethylene, PCE) as probably carcinogenic to humans (Group 2A).

NATIONAL EMISSION STANDARDS FOR HAZARDOUS POLLUTANTS (NESHAP) FOR DRY CLEANERS FINAL RULE

A Final Rule was published in the FR on September 22, 1993, and amended on December 20, 1993, requiring all industrial, commercial, and coin-operated dry cleaning facilities using perchloroethylene to file a "status" of complianc e report by June 18, 1994. 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 t he costs of required pollution control equipment, although they must periodically check for and repair leaks. On June 3, 1996, the Agency issued a Final Rule to exempt certain "non-major source facilities." All of this is explained, and the reporting fo rms are included in Item I-27.

PERCHLOROETHYLENE (PCE) SUBSTITUTES

The Environmental Protection Agency has undertaken a study under its "Design for the Environment Dry Cleaning Project" to address substitution of alternatives to PCE, which 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 has planned to examine alternative technologies such as "Multi-process Wet Cleaning," "Machine Wet Cleaning," "Liquid Carbon Dioxid e Technology," and "Microwave Drying" (use of microwaves instead of heat for minimizing garment 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 lab el "Dry Clean Only" less restrictive.

One element of the alternative clothes cleaning program has been conducted by the "Greener Cleaner" demonstration shop, located on Chicago's north side, in a mini-mall shopping plaza. During 29 weeks between May 11 and November 30, 1995, the Greener Cl eaner wet-cleaned 16,055 garments, with 61 percent being of fabric types often labeled "dry clean only" -- wool, silk, rayon and linen. An interim report, covering the preliminary performance results, including a summary of the data gathered from this de monstration may be obtained by contacting the Center for Neighborhood Technology (CNT) Wet Cleaning Hotline at (312) 278-4800, ext. 299. This national Alternative Clothes Demonstration Project is funded in part by the EPA. The CNT is located at 2125 W. North Ave., Chicago, IL, 60647-9886.

PCE EXEMPTION AS OZONE PRECURSOR

By Notice in the February 7, 1996 Federal Register (FR), pp. 4588-91, EPA excluded PCE from listing as a Vaporizing Organic Compound (VOC) for regulation under the State Implementation Plans (SIP) as an ozone precursor. This act ion was taken on the basis that PCE has negligible photochemical reactivity. An extract of this FR item is in Item A-6.

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 cleaning/vapor degreasing category. This category was designated in the 7/16/92 FR pp. 61970-2002, and amended on November 29, 1993, is included in Item I 26. The halogenated solvent degreasers Rule concerns solvent cleaners or degreasers using halocarbon solvents, i.e., solvents with concentrations of halocarbon compounds greater than 5% by weight. Such use, for example, is made in the aerospace and motor vehicle manufacturing industries. Two basic types of solvent cleaning equipment a re covered by the Rule standards: "Batch Cleaning," and "On-line" or "Continuous Cleaning" equipment. As an alternative to complying with the equipment standards, owners/operators may elect to demonstrate that a solvent cleaning machine emits, in operat ion, less than the overall solvent concentration limit as specified 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. 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. The Rule and the Correction are 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 A ct 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 bo oth coating operations. 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 must 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 A mendments. Under the Rule, both new and existing Hard and Decorative Electroplating and Anodizing Operations are required to meet specific air emission limits. The Rule also requires work practice standards, including inspection and maintenance plans, a nd there are record-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 m ust comply upon start-up. The Final Rule and Fact Sheet and the June 3, 1996 Final Rule to exempt certain "non-major source facilities" are included in I-22.

PRINTING AND PUBLISHING INDUSTRY (NESHAP) FINAL RULE

A Final Rule was issued on May 30, 1996, that covers two distinct types of processes in the industry. The two processes covered are publication rotogravure printers and package-product rotogravure, and wide-web flexographic facilities. The Final 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 th e facilities 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 prevention. There are air monitoring and record-keeping and reporting requirements required under the Final Rule. The Printing and Publishing NESHAP is included in Item I-42.

HOUSEHOLD CONSUMER PRODUCTS PROPOSED RULE

The EPA published a Proposed Rule on April 2, 1996, to regulate the control of volatile organic compound (VOC) emissions from household consumer products, such as, cleaning products, personal care products, and a variety of insecticides . The Proposal applies to 24 types of products. The Rule requires manufacturers to reformulate their products to emit less VOC's. This Rule will serve to eliminate regulation of these products by many states and minimize the risk that small companies w ould have to manufacture products at varying VOC levels to meet differing state requirements. A number of provisions provide flexibility to manufacturers to comply and allow for variances in certain cases. These provisions were supported to provide flex ibility to industry. The Final Rule will be issued in 1997. A Fact Sheet and copy of the Proposal are included in I-43.

AUTOMOBILE REFINISH COATING PROPOSED RULE

The EPA published a Proposed Rule on April 30, 1996, to control VOC's from automobile refinish coatings. The Rules will apply to 5 large refinish manufacturers and importers and an additional 10-15 smaller manufacturers. The Rule does not affect the "application" of automobile refinish coatings, and therefore, body shops nationwide that apply coatings, such as primers and topcoats, are not directly affected by the Proposed Regulation's requirements. Basic VOC limits can be met by pol lution prevention methods or product reformula-tions, requiring the use of coatings with lower VOC content than the coatings in current use. The Final Rule will be issued in 1997. A Fact Sheet and a copy of the Proposal are included in I-44.

CAA FIELD CITATION PROGRAM AND MONETARY AWARD UP-COMING FINAL RULES

On May 3, 1994, the Agency issued two Proposed Rules to enhance the effectiveness of 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 T O $10,000 to citizens who report companies violating the law leading to a criminal conviction or fine under the Act (Item I 12). The "Field Citation" Rule is expected to be finalized by late 1996 and will include specific guidance on the application of field citations under various types of violation categories to aid in uniform application. The "Citizens Award Rule" is expected by mid-1997.

STRATOSPHERIC OZONE PROTECTION CFC PHASEOUT RULES

The Clean Air Act Amendments of 1990 required the phase out of Chlorofluorocarbons (CFCs), Halons and Carbon Tetrachloride by the year 2000, Methyl Chloroform to be phased out by 2002, and Hydrochlorofluorocarbons (HCFCs) by 2030. Pres ident Bush mandated 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 listing of the global warming potential of these substances on 10/6/95 FR pp. 52357-359.

The Agency issued Final Rules accelerating the phase outs including Methyl Bromide, to the end of 1995, published in FR on May 10, 1995 (Item I-15). The statute also requires, in addition to "phase-out," restriction/control of the use of these c hemicals through such means as recycling, labeling, banning of nonessential uses and the use of safe alternatives or substitutes.

Final Rule on mandatory CFC recycling during the servicing of on road motor vehicle air conditioners was published in the CFR on July 1, 1994, and amended on May 2, 1995, with additions and revisions proposed on March 6, 1996 (Item I 14). A simi lar 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 personnel training/certification is in July 1, 1995 CFR, with revisions on August 8, 1995, February 29, 1996. All of the above information is contained in Item I-16. The Clean Air Act Amendments of 1990 mandated recovery of substitute refrigerants afte r 11/15/95. Proposed regulations and fact sheets are being prepared.

Final Rules in July 1, 1995 CFR banning the use of CFCs (Class I) and HCFCs (Class II) in non-essential products are in Item I-17; Final Rule on labeling of products and containers published February 11, 1993, with subsequent amendments through January 19, 1995 (Item I-18); and Final Rule published March 18, 1994, expanding a list of acceptable substitutes for ozone depleting substances, with subsequent amendments 1/13/95, through 5/22/96 (Item I-19). The efforts of the Ombudsman's Office on these rule s has resulted in favorable decisions relative to record-keeping and reporting, recycling, certification, grandfathering, and inventory depletion benefits.

RISK MANAGEMENT PLANS (RMP)/CHEMICAL LIST AND THRESHOLDS RULES

The Final Rule requiring development and implementation of RMPs for prevention of accidental releases at facilities which manufacture, process, use, store or handle regulated substances exceeding specified thresholds was published in th e 6/20/96 FR pp. 31667-732. The list of substances and thresholds are in the Final Rule published on January 31, 1994, with an amendment proposed April 15, 1996. These rules are included in Item I-30, along with Fact Sheets, May 1996. The RMP Rule requ ires a hazard assessment, a prevention program, a response program, and a Risk Management Plan. The Rule incorporates a "tiering approach," providing minimal regulatory impact for smaller facilities. The Ombudsman's Office monitors this rule-making from the standpoint of small business interests.

NEW GUIDANCE FROM EPA ON POTENTIAL TO EMIT (PTE)

On January 25, 1995, the Agency issued explanatory and clarifying guidance relative to 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 Ti tle V. Although 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 reg ardless of general 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 permit 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 guidance 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 def initional parameters 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 Assis tance Programs (8/12/94). 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 Small Business Assistance Program (SBAP). This confidentiality of information guarantee pertains to a potential violation or violations revealed as the result of the SBAP's help. It can only be granted in a State where the SBAP assistance is separat e from the 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 sm all 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, and extending the incentives to self-audits, was issued May 20, 1996. All of the above is in Item I-13.

NESHAP: ASBESTOS PROCESSING (DELISTING)

The asbestos processing area source category has been removed from the initial list of categories of sources and schedule for standards for major and area sources of hazardous air pollutants. The Agency believes that no source in the c ategory emits asbestos in quantities that pose an individual risk greater than one in one million and that the previous determinations that asbestos emissions from these plants pose a threat of adverse health effects is no longer supportable, 11/30/95 FR p. 61550. Guidance for Asbestos Processing, April 1996 (Item I-38).

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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-packaging; metal products and machinery, phase 1; centralized waste treatment; coastal oil and gas extraction; and pharmaceutical manufacturing.

The OSBO's monitoring of the Metal Products and Machinery guidelines successfully encouraged the exemption of facilities with very low flows. This Proposed Rule was published in the FR on May 30, 1995 (Item G-6). The Final Rule for Pharmaceutical Manu facturing is expected in early 1998. The publication of the Final Rule for Pesticide Formulating, Packaging and Re-packaging is expected in October, 1996 (Proposed Rule was published in 4/14/94 FR pp. 17850-905). 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. 30217-58. (Ma ny of the smaller sanitizer facilities may not be included in the scope of the Final Rule.) The Final Rule for Pesticide Manufacturers was published on September 28, 1993. Rules for industrial laundries, transportation equipment cleaning, landfills and incinerators, and metal products and machinery--Phase 2, will be under development in 1996 through 1999.

SAFE DRINKING WATER ACT: 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, large capacity septic systems, storm water and agricultural drainag e wells, and other wells that have been found in some instances to emplace potentially harmful levels of contaminants into and above underground sources of drinking water. On August 28, 1995, the EPA's preferred approach for the management of Class V inj ection wells was published in the Federal Register (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 ma nagement practices to ensure that other Class V wells of concern do not endanger underground sources of drinking water. The Final Rule is scheduled for promulgation in November, 1996.

NPDES PERMIT APPLICATION REGULATIONS FOR STORM WATER DISCHARGES UPDATE (FINAL RULE)

For the first phase of the storm water program, EPA published the initial permit application requirements for certain categories of storm water discharges associated with industrial activity and discharges from municipal separate storm sewer systems located in municipalities with a population of 100,000 or more on November 16, 1990 (55 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 second 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 cov erage, to any facility that meets the stipulated eligibility requirements, regardless of participation in the group application process. This storm water permit was published September 29, 1995 in FR Vol. 60, No. 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 associated with industrial activity that discharged point sources of storm water on or before October 1, 1992, must have had permit coverage by October 1, 1993. Controls are implemented by way of the storm water pollution prevention plan, a flexible, site-specific document.

The next phase of the storm water program is currently under development and several approaches to control adverse storm water impacts from all remaining potential urban pollutant sources are under consideration. The primary objective is to maintain wa ter quality standards. 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."

REVISION OF NPDES INDUSTRIAL PERMIT APPLICATION REQUIREMENTS AND FORM

This Proposed Rule would require all existing manufacturing, commercial, mining, and silverculture operations to submit this application in order to obtain a NPDES permit. The existing form must be updated to reflect statutory and regu latory changes in the NPDES program, advances in scientific methods and an increased emphasis on toxic control. Proposal is planned for November, 1996.

ABOVE-GROUND STORAGE TANKS AST/SPILL PREVENTION CONTROL 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 rule-making is commonly known as the Spill Prevention Control and Countermeasure (SPCC) regulation. The rule-making deals with spill prevention. The SPCC program concerns regulation of non transportation related facilities with above ground storage capacity in excess of 1,320 gallons or 660 gal lons in a single tank, or buried tanks of greater than 42,000 gallons capacity. A Proposed Rule was published in the FR of October 22, 1991, pages 54611 41, which is included in Item C 77. The Clinton Administration is committed to reducing the b urden 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 basis for revision (and development of future) regulations. Future regulations may reduce the number of smaller facilities which EPA wil l regulate, or may reduce the regulatory burden of the smaller facilities. Further rule-making following the Proposed Rule of October 1991 will be undertaken after the study of the facilities is completed.

The rule-making also concerns facility preparedness and development of response plans under the Oil Pollution Act (the Act of 1990) which requires that EPA issue regulations to require "Facility Response Plans" (FRP) covering events which could cause su bstantial harm to the environment. The Agency has published FRP requirements in a Rule, Oil Pollution Prevention; Non Transportation Related On-Shore Facilities, which appeared in the July 1, 1994, FR pp. 34069-136 with Corrections Septembe r 26, 1994, FR pp. 49005-6. This Final Rule with Corrections is included in publication Item C-77.

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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 green houses. 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 th e Item F 15.

On May 5, 1995 EPA published (FR pp. 21944-68) five final rule changes for further implementation of the WPS. Fact Sheets on these actions are included in Item F-15. A Proposed Rule change covering glove requirements is anticipated later this Summer. As they become available, these rule changes will be included in Item F-15. Also, EPA has published a final Policy Statement on the manufacturer 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, effective, 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 presentation covering the "Standard," a heat stress guide, and other items. A copy of the publication "Worker Protection Standard: Materials Developed by EPA, States, and Other Organizations," which describes Worker Protection Standard m aterials 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.

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 a nalysis, and a Final Rule is to be prepared for publication in early 1996.

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Hazardous Waste Management Resource Conservation & Recovery Act

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 parties 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 action 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 standard s have been finalized for newly listed hazardous wastes and hazardous debris. An issue which has been under consideration is the September 25, 1992, Court decision vacating the deactivation 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 discharg e 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) and is listed as Item C-88. The "Phase IV" Prop osed Rule addresses whether land based waste-water systems would provide treatment equivalent to that under the Land Disposal Restriction (LDR) program. Treatment standards will also be established for wood preserving and mineral processing wastes. Publ ications 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.

LENDER LIABILITY CLARIFICATION: UNDERGROUND STORAGE TANKS

EPA has published a regulation to clarify the liability of secured creditors ("lenders") regarding contaminated properties they hold as collateral. This clarification is deemed necessary to remove the prior barrier to the financing of Underground Storage Tank (UST) facilities. Without adequate financing, many UST owners may be unable to make the improvements to their facilities necessary to comply with the EPA environmental regulations. The Small Business Ombudsman's office has been long concerned over the adverse effect of leaking USTs on financing Small Businesses for making corrections to comply with the law. The Final Rule "Under-ground Storage Tanks--Lender Liability" was published on June 13, 1994, FR pp. 30448-66, and the Final Rule was published on September 7, 1995, FR pp. 46691-715, and is included in the Item C-85.

UNIFORM HAZARDOUS WASTE MANIFEST UPDATE

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

HAZARDOUS WASTE IDENTIFICATION RULE RE-PROPOSAL

Other rule-making actions concerning management of hazardous wastes which have been reported in the FR, and referenced in prior Updates concerned the December 9, 1991, U.S. Court of Appeals ruling which vacated the previou sly promulgated "mixture" and "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 t he "mixture" and "derived from" rules. These actions were taken in the FR of October 30, 1992, pp. 49278 80, included in Item C 79. EPA now has published a Proposed Rule (FR December 21, 1995, pp. 66344-469) under the title "Identification and Listi ng 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 va riety of exposure pathways and receptors. An 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 standard s for certain low-risk contaminated media, so that they may not necessarily be subject to all hazardous waste management requirements. These proposed rules are included in the Item C-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 c omment on two options: the first was to provide an exclusion for the mercury containing lamps (which include fluorescent lamps) from regulation as hazardous waste provided disposal is made in permitted landfills, and the other was to add mercury lamps to EPA's Universal Waste 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 is expected to be completed around Fall 1996. At that time a schedule for final action will be determined. This Proposed Rule on mercury lamps is included in the Item C-80.

NEW HAZARDOUS WASTE RECYCLING REGULATIONS

EPA has promulgated new streamlined hazardous waste management regulations governing the collection and transportation of certain wastes which are frequently recycled, such as batteries, recalled pesticides, and mercury thermostats, ter med "Universal Wastes." This new 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 for hazardous waste recyclers, and a Notice of Proposed Rule-making is anticipated for early 1997.

EPA SMALL QUANTITY GENERATOR HANDBOOK UPDATE

In 1986, the EPA published "Understanding the Small Quantity Generator Hazardous Waste Rules--A handbook for Small Business" [EPA/530-SW-86-019]. This Handbook was included in Item C-10, along with other informational material, including the 1990 "Update" jacket "Does Your Business Produce Hazardous Waste?" [EPA/530-SW-90-027]. The Item C-10, over the past "years," has been one of the items most often requested. EPA has prepared an updated SQC Handbook [EPA 530-K -95-001], April 96, and is available Item C-10 listing. The new Handbook includes reference to 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 us ed oil and 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 instructions, that if "EPA determines that its Rule is invalid, . . . it can proceed accordingly." The remanded provisions exempt mixtures of used oil and characteristic hazardous waste (e.g., spent mineral spirits) from the Land Disposal Restrictions ( LDR). The effect of the existing LDR exemption is to discourage segregation and recycling of used oil and spent solvents as separate waste streams. A "Stay" of the mixture provisions of the Management Standards, by the EPA, was published in the Feder al Register, 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 hav e 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.

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 is quite complex, so to apprise those impacted by the recent Court action, EPA will publish shortly a Final Rule, Notice of Vacatur of Administrative Stay, in the Federal Register.

This Rule will clarify the regulatory status of mixtures of used oil and the 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 addition it will notify the public as to the provisions of a recent EPA proposal which may affect such mixtures.

EPA has also learned from the Court that the used oil mixture rule is subject to further question, so that additional rule-making may be anticipated. We will keep Item C-36 updated as this and any further rule-making changes are made.

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Emergency Planning, Community Right-to-Know Act

EMERGENCY PLANNING COMMUNITY RIGHT-TO-KNOW ACT (SARA Title III) RULE STATUS

On October 17, 1986, the Superfund Amendments and Re-authorization Act (SARA) was signed into law. Title III of this Act is also known as the Emergency Planning and Community Right to-Know Act (EPCRA).

SUPPORTING THE STATE LOCAL EMERGENCY PLANNING COMMITTEES (LEPC)

One major requirement of the Act includes emergency planning; reporting accidental releases of designated hazardous substances (Extremely Hazardous Substances, or "EHS") above threshold reporting quantities; submission of Material Safet y Data Sheets (MSDS) to planning groups; and submission of annual reports on March 1, yearly, covering 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, and the listing of the "EHS" will be found in Title 40 CFR parts 350 et al., July 1, 1996 edition, and in Item K 30. 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) is effective for the calendar year 1995 TRI (Form R) report year, to be submitted this year by 8/1/96 as annou nced in the 1/29/96 FR pp. 2272-3. It may be of interest to note that four lawsuits were filed in the U. S. District Court for the District of Columbia which challenge 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 included in the SBO Item K-29. In the proposal, it is estimated that approximately 6,4000 additional facilities would be required to submit Form R, which would increase the total number by about 30%. Additional industries targeted for reporting include: metal mining; coal minin g; electric utilities; commercial hazardous waste treatment; chemicals and allied products-wholesale; petroleum bulk stations-wholesale; and, solvent recovery services.

TOXIC RELEASE INVENTORY (TRI) DATA AVAILABILITY

EPA has published the "1993 Toxic Release Inventory; Public Data Release" along with "Executive Summary" and "State Fact Sheets," which are being included in the SBO Item K-58. Requests for these public data release publications may al so 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 releases of the listed toxic chemicals into the nation' s environment in calendar year 1994 totalled 2.26 billion pounds. (In 1988, this amount was a little over 3.5 billion pounds, so that the overall toxic releases has declined a little over 44% from 1988 to 1994.) The corresponding data releases for calen dar year 1993 are included in Item K-57, or available from EPCRA, as above.

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Superfund Comprehensive Environmental Response, Compensation and Liability Act

SUPERFUND ADMINISTRATIVE REFORMS

A package of reforms aimed at making cleanup programs faster, fairer and more efficient was announced on February 17, 1995. Four additional reform policies were issued on 6/4/96. These reforms are 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. Following the Court action, guidance was drafted to "translate" the Rule into a policy statemen t addressing lender liability, and involuntary government acquisitions. This policy statement was issued December 11, 1995. The Rule and the policy statement are included in Item D-17.

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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 a nd 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 Final Rule (Item E-41) was published in the 3/6/96 FR pp. 9064-88.

LEAD BASED PAINT TRAINING, ACCREDITATION AND CERTIFICATION RULE AND MODEL STATE PLAN RULE

The Residential Lead-based Paint Hazard Reduction Act of 1992 mandates EPA to promulgate regulation governing lead-based paint activities to ensure that individuals engaged in such activities are properly trained; that training programs are accredited; and, that contractors engaged in such activities are certified. In addition, EPA must 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 R ule (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 (Reducing Lead Hazards when R emodeling your Home [EPA 747-R-94-002]; (2) an EPA regulation requiring renovators to provide the information pamphlet to clients before beginning work Proposed Rule, 3/2/94 FR pp. 11108-20 (Item E-44).

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 l ead. A Proposed 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 asb estos related work 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).

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

EPA is proposing a significant new use rule (SNUR) under Section S(a)(2) of the Toxic Substances Control Act (TSCA) which would require persons to notify EPA at least 90 days before commencing the manufacture, import, or processing of r efactory ceramic fiber (RCF) in any new product form or any new applications of an existing product form. Proposed Rule 4/21/94 FR p. 13294, 5/4/94 FR 23041, 12/8/94 FR p. 63299, 1/5/95 FR p. 1775, 7/3/95 FR p. 34532 (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 des igned 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), Washingt on, D.C. 20460. Please call the toll-free hotline at 800-368-5888 for more information.

FINAL POLICY ON ENVIRONMENTAL SELF-AUDITING AND SELF-DISCLOSURE

On December 22, 1995, EPA issued a final policy on incentives for businesses to 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 o ther 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 environme ntal 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 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 polluti on 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 s impler 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. T he 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 too 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.

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, held their conference in San Diego, California, on February 28, 29, and March 1, 1996. Attendance totalled 157, representing 44 states and 2 territories. Of these numbers, 71 state and local agencies and 9 small business trade associations participated. Heavy emphasis this year focused on the involvem ent of major small business trade associations. Several educational and training "trades" were simultaneously utilized to maximize the programs' usefulness and special needs of participating state, local and federal programs.

 

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