SBA Selects Two NPCA Nominations for its r3 Program

NPCA’s Environmental Management Committee’s two nominations to the Small Business Administration’s (SBA) Small Business Regulatory Review and Reform Initiative, or “r3” have been accepted by the Office of Advocacy. This year, SBA received 82 nominations and selected only 10, including NPCA’s nominations suggesting that EPA should clearly define “oil” in its oil spill rules and also simplify the rules for recycling solid waste.  The r3 program is intended to help small businesses address the cumulative federal regulatory burden, which is now estimated to exceed $1.1 trillion. Through the r3 program, SBA believes federal agencies will do a better job of identifying and revising rules that need to be reformed. The Top 10 list contains four nominations for review/reform of environmental rules.

Under the current Spill Prevention Control and Countermeasure program, facilities do not have a method for determining whether a given substance is “oil” or not. The recommended reform would involve adopting a procedure that would identify oils. One example is resins that are used in the manufacturing of paint; storage tanks containing these resins do not pose the same risks for spills as oil.

The current rule for recycling of solid waste treats recycling of hazardous wastes like all other hazardous wastes. This costly and complex set of requirements to address wastes that are treated or disposed of is not necessary for materials that will be used for a commercial purpose. These are less dangerous materials, and are managed carefully because these materials are to be reused. EPA can revise the current regulations to provide a tailored set of requirements governing the storage and transport of wastes that are destined for recycling. EPA estimates that more than 4,000 facilities would benefit from such revisions to this rule, saving more than $100 million for all businesses from the adoption of a simplified recycling definition.

Approximately 80% of all recycled wastes are metals, such as aluminum, copper and zinc. A large portion of the remaining recycled wastes are solvents. Common examples of recycled materials are the precious metals such as gold and silver that are recycled from electronics and circuit boards. Besides the large cost savings, this approach would protect the environment while also promoting recycling, rather than requiring the use of virgin materials.

EPA proposed revisions to its solid waste recycling rule in 2003, and issued a supplemental notice for comment in 2007, for both of which NPCA provided comment urging simplification. EPA anticipates taking final action on this reform this summer.

The r3 program is designed to identify and address existing federal regulations that should be revised because they are ineffective, duplicative, or out of date. r3 includes the process under Section 610 of the Regulatory Flexibility Act for agencies to consider whether their current regulations are still needed, and the degree to which technology, economic conditions, or other factors have changed since their rules were first promulgated.

For more information: contact NPCA’s John Hopewell or Alison Keane

Source: June 2008 Coatings, posted 4/30/08