Author: Jeremy

The Pennsylvania Department of Environmental Protection (DEP) is proposing a new rule that would allow it to take over certain air quality programs currently overseen by the U.S. Environmental Protection Agency (EPA). In the June 21st, 2025 edition of the Pennsylvania Bulletin, DEP announced this proposed rulemaking on “Legal Authority for Delegation of Federal Plans in 40 CFR Part 62”.

What This Means for Small Businesses

Right now, if the EPA puts out a plan to control air pollution from older facilities — like landfills, industrial sites, or other existing sources — DEP doesn’t always have the authority to enforce it. That means small businesses may need to deal directly with EPA for compliance or questions.

With this proposed rule, DEP wants to change that.

If the rule is approved, DEP could officially take over these programs from EPA, making it easier for small businesses in Pennsylvania to work directly with DEP instead of a federal agency. This could help reduce confusion, cut down on delays, and give businesses a more familiar, local point of contact.

Why DEP Is Doing This

DEP already has authority from the EPA to enforce air pollution standards for new or recently modified equipment and facilities. These are called “New Source Performance Standards (NSPS)”. But there’s a different set of rules, called “Emission Guidelines”, that apply to older, existing sources — and DEP doesn’t automatically have authority to enforce those.

To enforce the Emission Guidelines, DEP must either:

1. Create and submit its own plan to EPA (called a State Plan), or

2. Ask EPA for permission to carry out what’s called a Federal Plan.

This proposal would make it clear in state law that DEP has the legal authority to request and carry out these Federal Plans for existing sources.

In the past, DEP tried to do just that for older landfills, but EPA said no—because Pennsylvania’s rules didn’t clearly give DEP that power. This new rule is meant to fix that gap.

How This Affects You

This proposal doesn’t change any pollution limits or compliance requirements for your business right now. But it does aim to make DEP your go-to agency for certain air quality rules that used to be handled by EPA.

If your small business is involved in air permitting, industrial operations, or waste handling, this could mean simpler communication and more responsive, local support.

Want to Share Your Thoughts?

DEP is holding public hearings and taking comments on the proposal. You can speak up, ask questions, or simply learn more.

Hearings:

• July 22 at 10 a.m. – DEP Southwest Office in Pittsburgh

• July 24 at 2 p.m. – Rachel Carson Building in Harrisburg

• July 29 at 10 a.m. – DEP Southeast Office in Norristown

You can also submit written comments by August 29, 2025 in these ways:

• Online: eComment page

• Email: RegComments@pa.gov

• Mail: EQB, P.O. Box 8477, Harrisburg, PA 17105-8477

To speak at a hearing, register at least one week in advance by emailing RA-EPEQB@pa.gov or calling 717-783-8727.

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Bottom Line for Small Businesses:
This proposal is about making it easier for Pennsylvania to manage its own air programs — especially for older facilities that fall under federal rules. It won’t change your requirements, but it could make it easier to get answers and assistance from DEP instead of EPA. That’s a win for small businesses who prefer dealing with a local agency that understands the state’s unique needs.

Have Questions?

If you are a small business and still have questions about this proposal, feel free to contact EMAP at (877) ASK-EMAP or questions@askemap.org.

The U.S. Environmental Protection Agency (EPA) has recently taken several regulatory actions that may impact Pennsylvania small businesses. These developments present opportunities for stakeholders to provide input and prepare for compliance adjustments.

Regulatory Changes & Opportunities for Public Input

Stationary Combustion & Gas Turbines Rule

The EPA has reopened the comment period for the Stationary Combustion & Gas Turbines Rule, which strengthens nitrogen oxide (NOX) emissions limits for new, modified, and reconstructed turbines to reduce air pollution and improve public health. NOX is a key contributor to ground-level ozone and fine particulate matter (PM2.5), both of which can exacerbate respiratory conditions such as asthma and contribute to cardiovascular diseases.

This rule affects private companies, utilities, cooperatives, and municipalities planning to install or upgrade combustion turbines. While the estimated cost impact on small entities is minimal, compliance may require operational adjustments.
Comments are due by April 15, 2025.

Brick & Clay Manufacturing Air Regulations

The agency is also reviewing air regulations for Brick & Clay Manufacturing to determine whether existing hazardous air pollutant standards should be amended, maintained, or withdrawn. The regulation specifically targets emissions of hazardous air pollutants (HAPs) such as hydrogen fluoride, hydrogen chloride, and heavy metals, which can pose serious health risks, particularly in communities near manufacturing facilities.

These regulations are crucial for small manufacturers, as past assessments indicated that compliance costs could lead to business closures. The review will evaluate the rule’s complexity, effectiveness, and economic impact.
Small businesses in this sector are encouraged to participate, with comments due by May 30, 2025.

Iron & Steel Manufacturing Facility Air Regulations

EPA has announced a 90-day compliance stay for Iron & Steel Manufacturing Facility Air Regulations, extending deadlines until July 1, 2025. This regulation addresses emissions of particulate matter, volatile organic compounds (VOCs), and metal hazardous air pollutants, which contribute to air quality degradation and can harm both workers and nearby residents.

The agency is reconsidering key provisions, including opacity limits and work practice standards, which could impact operational procedures and compliance costs. Industry stakeholders should take this opportunity to provide input on potential regulatory revisions before final implementation.

The Pennsylvania Department of Environmental Protection (DEP) is inviting public comment on a proposed General Plan Approval (GPA) and/or General Operating Permit (GP-16) specifically targeting gaseous fuel-fired spark ignition internal combustion engines. Small businesses operating or planning to operate such engines may want to review the proposal to understand potential implications for compliance and operational costs.

The GPA/GP-16 provides a standardized permitting option for gaseous fuel-fired spark ignition engines and is designed to streamline the approval process while ensuring compliance with federal and state air quality regulations. The permit outlines specific emission limits, monitoring requirements, and compliance guidelines, all developed under Pennsylvania’s Air Pollution Control Act and associated regulations (25 Pa. Code Chapter 127).

Emission Standards and Technology Requirements

The proposed GP-16 sets forth emission limits based on Best Available Technology (BAT), specifying thresholds for nitrogen oxides (NOx), carbon monoxide (CO), volatile organic compounds (VOC), and formaldehyde (HCHO) for different engine types and ratings (see DEP website for a detailed table of emissions standards). Both lean-burn and rich-burn engine types are covered under the proposed guidelines.

Compliance and Monitoring

Businesses must maintain records of engine maintenance, report malfunctions, and annually report facility emissions inventory. These records must be kept on-site or at the nearest local DEP office for five years. The proposal also includes a suite of monitoring, recordkeeping, and reporting requirements intended to simplify ongoing compliance, especially for small businesses with limited resources.

Permit Fees and Terms

The application fee for a general plan approval under this permit is $2,100, while the operating permit application or renewal fee is set at $750. Businesses should also plan for an annual permit maintenance fee of $500, along with any additional fees for transfer of ownership or administrative amendments. The permit term is five years, with an option for renewal.

How to Participate

Relevant documents, including the full text of the proposal, can be found on the DEP’s website at DEP eLibrary. The public comment period will close on November 25, 2024, giving small businesses and other stakeholders a chance to voice their concerns or ask questions.

Businesses are encouraged to submit comments through the DEP’s eComment system or by emailing ecomment@pa.gov.

This is an opportunity for Pennsylvania’s small businesses to provide input on regulations that may impact their operational costs and environmental compliance efforts.

The Allegheny County Health Department (ACHD) – Air Quality Program has proposed a significant increase in permit and operating fees. This proposal, currently in a public comment period, could have far-reaching implications for small businesses in Allegheny County.

Details of the Proposed Fee Increases

The proposed increases are substantial and would affect all types of air pollution emissions, from larger scale facilities like U.S. Steel to smaller companies like dry cleaners and commercial printers. In some instances, the new fees represent a staggering increase over current ones for the largest facilities. For example, fees would rise from $8,000 a year to a proposed $55,000 for larger Title V facilities. For small facilities and operations, the minor source operating permit annual maintenance fee will increase from $2,000 to $4,250 annually, and the synthetic minor operating permit fee will increase from $4,000 to $8,250 annually.

Potential Impact on Small Businesses

These changes could impact the operations of small businesses in several ways. Increased permit fees could lead to higher operating costs, which might be passed on to customers. For small businesses operating on thin margins, these increased costs could pose significant challenges.

Progress of the Proposed Changes

On July 17th, 2024, the ACHD Board of Health (BOH) approved the motion to send the proposed rule changes to Article XXI (increase in permit fees) out for public comment. This decision marks a critical step in the process of implementing these proposed changes.

Timeline for Implementation

The ACHD aims to have the increase approved and ready for implementation as early as the first of 2025. However, the current regulation stipulates that the current fees are in effect until December 2025.

Access to Proposed Revisions

The proposed revisions to Article XXI and to the fee tables can be accessed here.

Public Hearing and Comment Period

The Allegheny County Board of Health will hold a public hearing on Monday, August 19, 2024, at 5:30 PM at the West Mifflin Borough Building, 1020 Lebanon Road, West Mifflin, PA, 15122 to take testimony on proposed modifications to the following sections of ACHD Article XXI, along with the corresponding sections of County Ordinance 16782:

• §2105.62, “Asbestos Abatement Applicability, Federal Requirements, Notices, and Permits” and related portions of §2101.20, “Definitions;” and
• §2109.07, “Penalties, Fines, and Interest.” Testimony will also be taken on proposed modifications to the following fee tables:
• The Air Quality Program Fee Schedule; and
• The Air Quality Program Asbestos and Abrasive Blasting Fee Schedule.

The Board will also accept written comments, beginning on Friday, July 19, 2024, and concluding at 11:59 PM on Monday, August 19, 2024, by mail to ACHD Air Program, 836 Fulton Street, Pittsburgh, PA 15233, or by email to aqcomments@alleghenycounty.us.

The Pennsylvania Department of Environmental Protection (DEP) is inviting public comments on the proposed General Plan Approval (GPA) and General Operating Permit (GP) for Human or Animal Crematory Incinerators (BAQ-GPA/GP-14 or GP-14). This opportunity is particularly relevant for small businesses, including small animal and human crematories, as well as veterinary clinics, who may have an existing air quality permit.

Key Details:

The permit type is a proposed General Plan Approval (GPA) and General Operating Permit (GP), applicable to human or animal crematory incinerators with rated capacities less than 500 pounds per hour. The authority for this permit was developed under section 6.1(f) of the Air Pollution Control Act (35 P.S. § 4006.1(f)) and 25 Pa. Code Chapter 127, Subchapter H. The proposed GP-14 includes visible and odor emissions monitoring.

Facilities must maintain records of maintenance performed, municipal notifications, malfunction reporting, and annual facility inventory reporting. These records must be kept onsite or at the nearest local field office for 5 years.

The fees associated with the permit include a General Plan Approval application fee of $1,600, a General Operating Permit application/renewal fee of $750, an Annual Operating Permit maintenance fee of $500, a Transfer of ownership fee of $500, and an Administrative amendment fee of $500. The permit term is 5 years, and approved authorizations can be renewed before the expiration date.

Work Practice Standards:

• Temperature Requirements:
  • Before charging the unit, the temperature at the exit of the secondary (or last) chamber shall achieve and be maintained at or above 1600°F throughout the cremation cycle.
  • For units that are charged when both chambers are cold, the temperature at the exit of the secondary (or last) chamber shall achieve and be maintained at or above 1600°F before firing of the primary chamber burner.
• Interlock System:
  • The crematory incinerator shall provide an interlock system that precludes charging of the primary chamber until the secondary (or last) chamber exit temperature is established and holding at 1600°F.
  • In units charged when both chambers are cold:
    • The crematory incinerator shall also provide an interlock system that precludes firing the primary chamber burner until the secondary chamber exit temperature is established and holding at 1600°F.
    • The unit shall not be charged until the primary chamber is cooled to less than 150°F after the previous cremation cycle.
• Operator Guidelines:
  • Operators may open the charge door during the cremation cycle for short periods of time to inspect or reposition the remains. If the owner or operator opens the charge door, they must follow the manufacturer’s recommended written specifications for operating the unit during inspection.

How to Participate:

To participate, you can review the full proposal on the Pennsylvania Bulletin. You can submit comments using the Department’s eComment system at www.ahs.dep.pa.gov/eComment or by email to ecomment@pa.gov. The Department must receive comments no later than June 17, 2024.

Small businesses across Pennsylvania have access to newly updated technical guidance documents (TGDs) recently released by the Department of Environmental Protection (DEP). These TGDs serve to provide clear standards and guidance on various environmental regulations pertinent to small business operations.

Among the updated TGDs are those addressing closure requirements for both aboveground and underground storage tank systems. These documents establish minimum standards that businesses must adhere to in order to comply with regulatory mandates. The guidance covers a spectrum of procedures including closure notification, tank system closure, waste management, site assessment, sampling, release reporting, and recordkeeping.

Noteworthy revisions to these documents include updates to sampling requirements to ensure alignment with current regulatory standards. Additionally, both the Aboveground Storage Tank System Closure Report Form and the Underground Storage Tank System Closure Report Form have undergone modifications to enhance the completeness of reported information.

Small business owners are encouraged to thoroughly review these updated documents to stay abreast of their environmental obligations and ensure compliance with state regulations. Public participation in the review process is highly valued by the DEP, and comments on the draft TGDs and associated report forms are actively solicited.

Comments on the draft TGDs will be accepted until May 6, 2024. Business owners can provide their feedback using the Department’s online eComment tool.

Access to the revised TGDs and related report forms is available on the DEP’s website. To access these resources and stay informed about environmental regulations impacting small businesses in Pennsylvania, visit the DEP’s eLibrary at www.depgreenport.state.pa.us/elibrary/.

The U.S. Environmental Protection Agency (EPA) is constantly working to safeguard public health and promote transparency and accountability in environmental regulations. In a recent proposed rule, the EPA aims to amend Clean Air Act rules, a change that may significantly affect small businesses across the nation.

Proposed Rule Overview

On September 27, 2023, the EPA introduced a proposed rule, known as the Reclassification of Major Sources as Area Sources Under Section 112 of the Clean Air Act (MM2A). The primary goal of this proposal is to enhance public health protections by setting new requirements for major sources of hazardous air pollutants (HAPs) that choose to reclassify themselves as area sources under the National Emissions Standards for Hazardous Air Pollutants (NESHAP) program.

Major sources are those that emit or have the potential to emit 10 tons per year (tpy) or more of a single HAP or 25 tpy or more of a combination of HAP. In contrast, area sources emit HAP below these specified thresholds.

Key Provisions of the Proposed Rule

1. Federally Enforceable Permit Conditions: One of the central provisions of the proposed rule is that it would require sources reclassifying from major to area sources to establish federally enforceable permit conditions. These conditions would serve as safeguards to prevent emission increases above the levels allowed by the major source NESHAP that the source was subject to before reclassification.
2. Applicability: The proposed rule would apply to all sources choosing to reclassify, including those that have reclassified since January 25, 2018.
3. Effective Date: Reclassification would only become effective after a permit containing the federally enforceable conditions has been issued and the EPA has been notified. Additionally, the proposed rule clarifies reporting requirements and updates information regarding the submission of confidential business information.

Background and Context

To better understand the significance of this proposed rule, it’s important to consider its background and context:

• Hazardous Air Pollutants (HAPs): These are pollutants known or suspected to cause serious health effects, including cancer and reproductive issues. The EPA, in collaboration with state, local, and tribal governments, seeks to reduce emissions of 188 identified toxic air pollutants.
• Clean Air Act (CAA): Section 112 of the Clean Air Act establishes the regulatory framework for controlling HAP emissions. Major sources are generally subject to stringent NESHAP regulations, while area sources may have less stringent standards.
• Once in Always In Policy: Historically, a policy known as “Once in Always In” required facilities that were major sources of HAP on the first significant compliance date of a major source NESHAP to comply permanently with that standard. This created disincentives for major sources to reduce emissions.
• Policy Changes: In response to Executive Orders and public feedback, the EPA withdrew the “Once in Always In” Policy and issued guidance on reclassification of major sources as area sources in January 2018.

Impact on Small Businesses

So, how does this proposed rule affect small businesses? Here are some potential implications:

1. Compliance Costs: Small businesses that choose to reclassify may face additional costs associated with establishing federally enforceable permit conditions. These compliance costs could potentially strain the resources of smaller enterprises.
2. Environmental Benefits: On the positive side, the proposed rule may encourage major sources, including some small businesses, to evaluate their operations and consider changes to reduce HAP emissions. This could lead to improved environmental outcomes.
3. Regulatory Clarity: The proposed rule aims to clarify regulatory requirements, which could benefit small businesses by providing clearer guidelines and reducing regulatory uncertainty.

Conclusion

The EPA’s proposed rule for reclassifying major sources as area sources under the Clean Air Act has the potential to impact small businesses in various ways. While it introduces new compliance requirements, it also encourages emission reduction efforts, which can contribute to a cleaner environment. Small businesses should closely monitor this proposal and provide feedback during the public comment period to ensure their concerns and perspectives are considered as the rule moves forward.

Comments must be received on or before November 13, 2023.

Running a small business comes with its own set of challenges and responsibilities, particularly when it comes to regulatory compliance. One such regulation that could potentially impact small businesses is the Air Emissions Reporting Requirements (AERR) proposed rule by the Environmental Protection Agency (EPA). While it might sound like a distant concern, it’s important for small business owners to grasp the potential complexities and implications of this rule.

The AERR Proposed Rule: What You Need to Know

The AERR proposed rule aims to tighten reporting requirements for businesses concerning their emissions of Hazardous Air Pollutants (HAPs). While the rule might seem complex, its essence can be understood quite simply. The EPA is looking to mandate that businesses, with a few possible exceptions, report each individual HAP emission that surpasses a specific threshold unique to that particular HAP. To illustrate this, let’s consider a couple of examples. For a substance like styrene, businesses would need to report any emissions exceeding 10 tons per year. On the other hand, substances like Chromium (VI) and Chromium Trioxide have a much lower reporting threshold – only emissions surpassing 0.24 lbs per year would need to be reported.

Varied Reporting Thresholds and Impacts

For common HAPs like toluene, the reporting threshold might align closely with that of styrene – meaning that emissions need to be substantial before reporting is required. However, this is not the case across the board. The disparity between reporting levels for substances like styrene and chromium highlights a significant aspect of the rule – certain businesses might now need to report emissions at extremely low levels. This represents a major shift for some small businesses that have never encountered such stringent requirements.

Challenges for Small Businesses

The implications for small businesses could be considerable. Many small businesses may find themselves in the position of having to report emissions for the first time. This could be due to the fact that their emission levels, which were previously considered negligible, now require reporting. This shift poses potential challenges, as some of these businesses might not have the necessary recordkeeping systems in place to facilitate the reporting process. It’s important to note that, in many cases, permits for these businesses might already require a certain level of recordkeeping, especially if they are subject to National Emission Standards for Hazardous Air Pollutants (NESHAP). However, the enhanced reporting requirements of the AERR rule could demand a higher level of precision and documentation than what these businesses are accustomed to.

Navigating the Way Forward

Thankfully, the EPA is aware of the complexities these changes might introduce, especially for small businesses. In response, they are offering support through a series of webinars designed to provide businesses with a clear understanding of the AERR proposal and its potential impacts. These webinars could prove invaluable for small business owners seeking clarity on the new reporting requirements and how best to adapt to them.

In Summary

The AERR proposed rule might appear complex and distant, but its potential impact on small businesses should not be underestimated. As reporting thresholds for Hazardous Air Pollutant emissions tighten, businesses – both large and small – need to be prepared for the changes ahead. The EPA’s efforts to provide resources through webinars is a step in the right direction, offering businesses the guidance they need to navigate the shifting regulatory landscape. Small businesses should take advantage of these resources to ensure that they can adapt effectively to the new reporting requirements and continue to thrive in a compliant manner. To find out more about the AERR proposal and the upcoming webinars, visit the official EPA website: https://www.epa.gov/air-emissions-inventories/air-emissions-reporting-requirements-aerr. Comments on this proposed rule must be received on or before November 17, 2023.

The U.S. Environmental Protection Agency (EPA) has put forward a proposal to enhance requirements for dealing with lead-based paint hazards in buildings constructed before 1978 and child-care facilities. This proposed rule aims to safeguard children and communities from the harmful effects of lead paint dust exposure.

Approximately 39,000 small businesses, including landlords, owners and operators of child-occupied facilities, residential remodelers, abatement firms, real estate agents, and brokers, would be directly affected by this rule.

The proposed rule seeks to strengthen EPA regulations under the Toxic Substances Control Act (TSCA) by revising two key standards:

1. Dust-Lead Hazard Standards (DLHS): These standards identify hazardous lead levels in dust found on floors and windowsills.
   • • The proposal intends to lower the DLHS from the current 10 micrograms per square foot (µg/ft2) for floors and 100 µg/ft2 for windowsills to any reportable level greater than zero. This change acknowledges that no level of lead in dust has been deemed safe for children.

2. Dust-Lead Clearance Levels (DLCL): These levels indicate the maximum amount of lead allowed in dust on floors, window sills, and window troughs after lead removal activities.
   • The proposal aims to reduce the DLCL from 10 µg/ft2 to 3 µg/ft2 for floors, from 100 µg/ft2 to 20 µg/ft2 for windowsills, and from 400 µg/ft2 to 25 µg/ft2 for window troughs. These are considered the lowest dust-lead levels that the EPA believes can be reliably and effectively achieved after abatement activities.

To comply with this proposed rule, property owners, lead-based paint professionals, and government agencies will use DLHS to identify dust-lead hazards in residential and childcare facilities built before 1978. If any lead-based paint activities, like abatement, are carried out, individuals and firms must be certified and follow specific work practices set by EPA’s Lead-Based Paint Activities Program. After abatement, testing is required to ensure dust lead levels are below the DLCL before considering the abatement complete.

The EPA is inviting public comments on this proposal for 60 days via docket EPA-HQ-OPPT-2023-0231 at www.regulations.gov.

Upcoming Lead-Based Paint Virtual Workshop

In October, the EPA and the U.S. Department of Housing and Urban Development (HUD) plan to conduct a virtual public workshop to gather stakeholder perspectives on specific topics related to low levels of lead in existing paint. This includes potential health effects, the relationship between lead-based paint and dust-lead, possible exposure pathways, and technologies for detecting, measuring, and characterizing low levels of lead in paint.

The EPA and HUD are also interested in any available information on lead-based paint characteristics and medical evidence related to low levels of lead in paint. The insights shared during the workshop will help inform their joint effort to revisit the federal definition of lead-based paint and revise it if needed.

For more information, check for updates on the Lead-Based Paint Virtual Workshop.

The U.S. Environmental Protection Agency (EPA) recently announced a significant action under the Toxic Substances Control Act (TSCA) with a proposed ban on perchloroethylene. The proposed ban on most uses of perchloroethylene (PCE), a chemical known to pose serious health risks, aims to protect individuals from neurotoxicity and cancer. While consumer uses of PCE would be banned, many industrial and commercial uses would continue under stringent workplace controls. In this post, we will explore the implications of this proposed ban for small businesses, particularly those in the dry cleaning industry.

Protecting Public Health:

The EPA’s proposal reflects the recognition of the dangers associated with PCE exposure. By banning consumer uses and implementing strict workplace controls, the EPA aims to minimize the health risks posed by this chemical. The proposed ban considers the health and safety of workers, occupational non-users, consumers, and communities near facilities utilizing PCE.

Impact on Small Businesses:

The proposed ban on PCE usage will have a significant impact on small businesses, particularly those operating in the dry cleaning industry. Dry cleaners, many of which are small businesses, have traditionally relied on PCE as a solvent in their operations. However, the 10-year phaseout period provided in the proposal allows these businesses some time to consider a transition to alternative processes.

Economic Analysis

EPA estimates that 6,000 dry cleaners still use PCE, a majority of which are small businesses. It is still unclear as to the impact of a prohibition of PCE for dry cleaning through a gradual phaseout. EPA has not been able to reliably estimate the number of dry cleaning facility closures that may be associated with this phaseout. However, after the results of an economic analysis, EPA expects some closures because EPA estimates that only about 60 PCE machines are expected to be in use at the end of the proposed phaseout period given the age of the machines and the declining trend of use.

EPA believes that almost no new PCE machines have been brought into service in recent years and therefore most existing dry cleaning machines using PCE are old and will no longer be in service by the proposed phaseout date. 

EPA requests comment on these estimated impacts to the dry cleaning industry, including regarding expected closures. In addition to dry cleaners, additional users of PCE (such as in vapor degreasing) could be strongly impacted because they may have no economical alternative to the use of PCE.

Transitioning to TSCA Compliant Practices:

Small businesses, including dry cleaners, may face economic challenges during the transition away from PCE. To mitigate these impacts, President Biden’s Fiscal Year 2024 budget request includes funding for pollution prevention grants. These grants aim to support small businesses in adopting TSCA compliant practices and facilitate the shift away from PCE usage. Dry cleaners can explore these grant opportunities to aid in their transition and ensure compliance with the proposed regulations.

Feasibility and Efficacy of Worker Protections:

The EPA encourages stakeholders to provide input on the proposed rule, especially regarding the feasibility and efficacy of the worker protection requirements. Small businesses and other entities affected by the proposed workplace chemical protection program can contribute their perspectives on the implementation process and the timeline for phasing out PCE usage in dry cleaning operations. The EPA will host a public webinar in the coming weeks, providing an opportunity for employers, workers, and interested parties to learn more about the proposed regulations and engage in discussions.

Providing Comments on the Proposal

EPA will accept public comments on the proposed rule for PCE for 60 days, or until August 15th, which can be done in the Federal Register via docket EPA-HQ-OPPT-2020-072.  Pennsylvania small businesses can also speak with a member of the EMAP team if so desired.

EPA is proposing amendments to the National Emission Standards for Hazardous Air Pollutants (NESHAP) for the Ethylene Oxide (EtO) Commercial Sterilization Facilities source category.  EPA’s proposed rule would regulate parts of a commercial sterilizer facility that have not been regulated previously. This includes more stringent controls for sources of EtO emissions that currently regulated and would require facilities to continuously monitor air pollution control equipment and conduct performance testing.

Commercial sterilization facilities play a vital role in maintaining an adequate supply of medical devices.  EPA has identified 86 facilities that are in current operation with 20 of these facilities being recognized as a small business.

Comments must be received on or before June 27, 2023.  In addition, EPA will hold virtual public hearings on May 2 and May 3, 2023.