Small Business Administration: Office of Advocacy - Memorandum dated 4/27/98- Environmental Protection Agency - Comments on draft proposed rule to exclude gasoline retail stations from the Community Right to Know reporting requirements

To: Jim Laity, OIRA
John Ferris, EPA CEPPO

From: Kevin Bromberg, SBA Advocacy

Subject: Comments on Draft EPCRA 311/312 Proposal

These are SBA Office of Advocacy's comments on the current draft proposal which we received today by email.

We are pleased to support EPA's proposal to raise the threshold for gasoline stations.

EPA is estimating over one half million paperwork hours saved , and over $16 million annually. This is a very significant achievement.

We have only two comments.

I. Motor Pools, Van and Bus Lines, Rental Car Facilities (And Other Similar Facilities?)

On page 12, there is a discussion of the above mentioned facilities and "other similar facilities." EPA indicates that it is not proposing to cover such facilities "at this time," but is willing to entertain comments. EPA should explicitly indicate that it is inviting comments also on "other similar facilities" on page 13, or drop the reference on page 12.

If the "other similar facilities" remain, EPA needs to consider whether it would like to be able to finalize a rule with respect to such facilities, or whether it would issue a supplementary notice (see page 13) for these facilities. It also needs to revise the title on page 12 to include "other similar facilities."

II. We previously commented the following in the March 4^th memorandum about the environmental justice section:

Suggested language:

By proposing to rewrite the regulations at 40 CFR parts 355 and 370 in plain English EPA intends to make the rule clearer and more easy to use, which will decrease the costs of compliance and also promote more meaningful public participation under EPCRA. The elimination of unnecessary reporting will help focus emergency prevention and planning on more significant hazards. This will benefit all of the public, including minorities and low-income populations. (Suggest addition of sentence in italics, which was not added)

Is the italicized sentence elsewhere in the preamble? I believe EPA agreed to place this concept somewhere in the preamble in discussions with SBA.