Environmental Management Assistance Program
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Emergency Air Quality Regulation for Existing Conventional Oil & Gas Sources Adopted

The Pennsylvania Environmental Quality Board (EQB) adopted an emergency rule limiting volatile organic compound (VOC) emissions and methane emissions from existing conventional oil and gas sources earlier today. The emergency rulemaking establishes the VOC emission limitations for existing conventional oil and gas sources based on Reasonably Available Control Technology (RACT) requirements consistent with EPA’s recommendations. These sources include natural gas-driven continuous bleed pneumatic controllers, natural gas-driven diaphragm pumps, reciprocating compressors, centrifugal compressors, fugitive emissions components and storage vessels installed at conventional well sites, gathering and boosting stations and natural gas processing plants, as well as storage vessels in the natural gas transmission and storage segment. The rulemaking is final and effective as of December 2, 2022.

2023 Dry Cleaner Compliance Calendar Available

Digital versions of the 2023 Dry Cleaner Compliance Calendar are now available for download.  You can access a copy here or by visiting EMAP’s page for dry cleaners.  Hard copy versions should be available soon. These calendars contain important record-keeping elements designed to assist Pennsylvania dry cleaners comply with state and federal regulations.   It is important for dry cleaners that the calendar is an annual record of compliance and should be kept for a period of five (5) years.

Update on Control of VOC Emissions from Gasoline Dispensing Facilities (Stage I & Stage II)

UPDATE: Effective on August 20, 2022, Pennsylvania DEP is suspending the enforcement of a specific monitoring requirement – the inspection of the gasoline storage tank automatic tank gauge (ATG) cap.  The reason for the suspension is that after a review of the rule’s requirements it was determined that the likelihood of the ATG being compromised is very low and the verification of the ATG status after every gasoline truck delivery can be problematic and difficult to access.  Please note that the suspension of this specific monitoring requirement does not affect owners or operators of gasoline dispensing facilities relief from other Stage I & Stage II requirements.  Additional information can found in the August 20, 2022 issue of the Pennsylvania Bulletin which can be found here.

About the Stage I & Stage II Rulemaking

The Pennsylvania Environmental Quality Board finalized a final-form rulemaking that amends air quality regulations related to the control of VOC emissions at gasoline dispensing facilities. The rulemaking went into effect on March 26th, 2022 and targets Volatile Organic Compound (VOC) emissions during the following situations:
  • Loading of underground gasoline storage tanks (or Stage I vapor recovery)
  • Filling of motor vehicles at the pump (or Stage II vapor recovery)
  • During and after decommissioning of Stage II vapor recovery equipment from gasoline dispensing pumps.
The final-form rulemaking also adds and amends definitions related to Stage I and Stage II vapor recovery systems. A copy of the final preamble and regulation can be accessed here.

What is Stage I Vapor Recovery Systems?

“Stage I” refers to a vapor recovery system that controls the emission of gasoline vapors into the atmosphere during the transfer of gas from a gasoline tank truck to a gasoline storage tank at a Gasoline Dispensing Facility (GDF). A properly operating Stage I vapor recovery system returns vapors to the gasoline tank truck.  The equipment and controls of a Stage I system also control the emission of gasoline vapors during the storage of gasoline vapors at a GDF.

What is Stage II Vapor Recovery Systems?

“Stage II” refers to the vapor recovery system that controls the emission of vapors during the transfer of gasoline from a gasoline storage tank at a GDF to a motor vehicle fuel tank.  A Stage II vapor recovery system also controls emissions into the the atmosphere of vapors during the storage of gasoline at a GDF. Stage II vapor recovery technology uses special refueling nozzles, dispensing hoses and a system that draws refueling vapors in the Underground Storage Tank (UST).  A properly operating Stage II system moves the gasoline vapors from the motor vehicle fuel tank druing the refueling of the vehicle into the UST at the GDF.

Who is Affected by This Rulemaking?

The Pennsylvania Department of Environmental Protection (DEP) has finalized regulatory requirements for GDF owners and operators to decommission their Stage II vapor recovery system in 12 counties in the Philadelphia and Pittsburgh areas.  The compliance date for the decommissioning of Stage II systems is December 31, 2022.
  • The 12 Pennsylvania counties include: Allegheny, Armstrong, Beaver, Bucks, Butler, Chester, Delaware, Fayette, Montgomery, Philadelphia, Washington, and Westmoreland.
  • Owners and operators are those with gasoline throughputs that exceed at anytime >10,000 gallons per month (or 120,000 gallons per year) and independent small business marketers of gasoline that have a monthly throughput >50,000 gallons per month (or 600,000 gallons per year) in the above mentioned 12 Pennsylvania counties.
  • Persons performing decommissioning procedures, leak testing, and repairs at gasoline dispensing facilities.

What Happens After Decommissioning Takes Place?

For those entities that need to decommission their Stage II vapor recovery system by December 31, 2022, a notification form needs to be completed and submitted to the appropriate DEP regional office, Allegheny County Health Department, or Philadelphia Air Management Services.

Where Can I Learn More about this Rulemaking?

Pennsylvania DEP has put together a Frequently Asked Questions on their website for Decommissioning Stage II Vapor Recovery Systems at Gasoline Dispensing Facilities. In addition, Pennsylvania small businesses can always contact EMAP for further information and assistance if this rulemaking may affect your small business operation.  Simply call EMAP’s toll-free environmental hotline at (877) ASK-EMAP or email us at questions@askemap.org.

EPA Amends NESHAP for RICE and NSPS for ICE

On August 10, 2022, EPA published a final rule amending the Code of Federal Regulations (C.F.R) to reflect a 2015 court decision regarding the National Emission Standards for Hazardous Air Pollutants (NESHAP) for Stationary Reciprocating Internal Combustion Engines (RICE) and the New Source Performance Standards (NSPS) for Stationary Internal Combustion Engines (ICE). The court vacated provisions in the regulations specifying that emergency engines could operate for emergency demand response or during periods where there is a deviation of voltage or frequency. To learn more, see EPA’s Fact Sheet or the Final Rule.

Control of VOC Emissions from Gasoline Dispensing Facilities (Stage I & Stage II)

The Pennsylvania Environmental Quality Board finalized a final-form rulemaking that amends air quality regulations related to the control of VOC emissions at gasoline dispensing facilities. The rulemaking went into effect on March 26th, 2022 and targets Volatile Organic Compound (VOC) emissions during the following situations:
  • Loading of underground gasoline storage tanks (or Stage I vapor recovery)
  • Filling of motor vehicles at the pump (or Stage II vapor recovery)
  • During and after decommissioning of Stage II vapor recovery equipment from gasoline dispensing pumps.
The final-form rulemaking also adds and amends definitions related to Stage I and Stage II vapor recovery systems. A copy of the final preamble and regulation can be accessed here.

What is Stage I Vapor Recovery Systems?

“Stage I” refers to a vapor recovery system that controls the emission of gasoline vapors into the atmosphere during the transfer of gas from a gasoline tank truck to a gasoline storage tank at a Gasoline Dispensing Facility (GDF). A properly operating Stage I vapor recovery system returns vapors to the gasoline tank truck.  The equipment and controls of a Stage I system also control the emission of gasoline vapors during the storage of gasoline vapors at a GDF.

What is Stage II Vapor Recovery Systems?

“Stage II” refers to the vapor recovery system that controls the emission of vapors during the transfer of gasoline from a gasoline storage tank at a GDF to a motor vehicle fuel tank.  A Stage II vapor recovery system also controls emissions into the the atmosphere of vapors during the storage of gasoline at a GDF. Stage II vapor recovery technology uses special refueling nozzles, dispensing hoses and a system that draws refueling vapors in the Underground Storage Tank (UST).  A properly operating Stage II system moves the gasoline vapors from the motor vehicle fuel tank druing the refueling of the vehicle into the UST at the GDF.

Who is Affected by This Rulemaking?

The Pennsylvania Department of Environmental Protection (DEP) has finalized regulatory requirements for GDF owners and operators to decommission their Stage II vapor recovery system in 12 counties in the Philadelphia and Pittsburgh areas.  The compliance date for the decommissioning of Stage II systems is December 31, 2022.
  • The 12 Pennsylvania counties include: Allegheny, Armstrong, Beaver, Bucks, Butler, Chester, Delaware, Fayette, Montgomery, Philadelphia, Washington, and Westmoreland.
  • Owners and operators are those with gasoline throughputs that exceed at anytime >10,000 gallons per month (or 120,000 gallons per year) and independent small business marketers of gasoline that have a monthly throughput >50,000 gallons per month (or 600,000 gallons per year) in the above mentioned 12 Pennsylvania counties.
  • Persons performing decommissioning procedures, leak testing, and repairs at gasoline dispensing facilities.

What Happens After Decommissioning Takes Place?

For those entities that need to decommission their Stage II vapor recovery system by December 31, 2022, a notification form needs to be completed and submitted to the appropriate DEP regional office, Allegheny County Health Department, or Philadelphia Air Management Services.

Where Can I Learn More about this Rulemaking?

Pennsylvania DEP has put together a Frequently Asked Questions on their website for Decommissioning Stage II Vapor Recovery Systems at Gasoline Dispensing Facilities. In addition, Pennsylvania small businesses can always contact EMAP for further information and assistance if this rulemaking may affect your small business operation.  Simply call EMAP’s toll-free environmental hotline at (877) ASK-EMAP or email us at questions@askemap.org.

1-BP Added to Hazardous Air Pollutants List

EPA has now added 1-BP to the Clean Air Act List of Hazardous Air Pollutants.  EPA Administrator Michael Regan signed the final rule on December 22, 2021 and this action was published in the Federal Register on January 5, 2022. The effective date of this final rule is February 4, 2022.
EMAP previously wrote about this topic which can be found here.
1-bromopropane (1-BP), also commonly known as nPB, is a chemical solvent often used in surface coating operations, dry cleaning, and in electronics and metal cleaning. 1-BP is also used an adhesive and is sometimes used in the manufacturing process in pharmaceutical and agricultural industries.

What does this rule mean for Pennsylvania small businesses?

If you are a Pennsylvania small business and use 1-BP as part of your operations, you will now need to take into account the use of 1-BP as a regulated Hazardous Air Pollutant (HAP). In Pennsylvania, an air quality permit is required if the actual emissions of a single HAP is greater than 1.0 ton per year or if emissions from multiple HAPs are greater than 2.5 tons per year. If you are an existing Pennsylvania small business that already uses 1-BP then you will now need to take into account the use of 1-BP in facility wide air quality permit limits, requirements, and reporting standards.

Are there any new special requirements that apply due to the 1-BP listing as a HAP?

Simply answered, no, there are no new requirements that will apply to a facility for simply using 1-BP in normal small business operations. The more complex narrative is that the use of 1-BP may affect a facility’s classification as an area source or air quality emissions into a major source, or Title V facility, due to the use of 1-BP and taking into account the facility’s Potential To Emit (PTE).  To help better explain this, EPA has put together a Question and Answers document on the Listing of 1-BP as a Clean Air Act Hazardous Air Pollutant.

Small Business Assistance with 1-BP

If any of this confuses you as a Pennsylvania small business owner or operator, EMAP’s highly skilled team of environmental assistance providers is available to talk one-on-one.  Simply call our toll-free environmental hotline at (877) ASK-EMAP or send us an email at questions@askemap.org.

Proposed Rulemaking for Dry Cleaning Facilities

EPA has proposed amendments to the National Perchloroethylene Air Emission Standards for Dry Cleaning Facilities. This proposal would add provisions which would require all dry-to-dry machines at new and existing facilities to have both refrigerated condensers and carbon adsorbers as secondary controls.
The request for comment period is currently open.  EPA seeks comments and information regarding the number of third generation and earlier model dry cleaning machines that potentially could still be in operation.  In addition, EPA seeks information on dry cleaning practices, processes, and control technologies that could reduce emissions from hazardous air pollutions, or HAPs, for fourth generation (or better) dry cleaning machines.
A copy of the rule summary, the new proposed rule, and fact sheets can be found here.
General speaking, most dry cleaning facilities and operations are small businesses.  Estimates from EPA report that there are approximately 10,000 to 15,000 perchloroethylene dry cleaning facilities in the United States.  Unfortunately, due to the COVID-19 pandemic it is estimated that 10-15% of perc dry cleaners have closed.

Environmental Reports due March 1st 2022

March 1st is an important deadline for some small businesses that may be subject to Air Quality Emissions Inventory or Hazardous Waste Biennial Reporting. The Annual Emission Statement (AES) report is required by the Pennsylvania DEP Bureau of Air Quality to report on point sources meeting certain thresholds for large emitters of air pollution.  Facilities inventoried for emission statement purposes may include Non-Title V facilities, or smaller “area sources” of air emissions. Regional DEP air quality staff will often determine and notify which facilities are required to report on their air emissions. More often than not, this requirement will be listed in a facility’s State-Only Operating Permit. There are some emission reporting exemptions for small stationary sources. If you are a small business and question whether or not you are subject to air quality emissions reporting, please contact one of our EMAP environmental consultants for further assistance.
The Hazardous Waste Biennial Report is due March 1, 2022 and is required of any Pennsylvania hazardous waste Large Quantity Generator (LQG) for the calendar year ending December 31, 2021.  A small business is considered a LQG of hazardous waste if your operation generates more than 2,200 lbs of hazardous waste or more than 2.2 lbs of acute hazardous waste per calendar month.
Small businesses with an obligation to report hazardous waste acitivities should use EPA’s RCRAInfo system for the electronic submission process.
Additional information on hazardous waste reporting requirements can be found on the Pennsylvania DEP’s website found here.
If you are a Pennsylvania small business that needs further assistance with air quality emissions reporting or the hazardous waste biennial report, contact EMAP by calling our toll-free environmental hotline at (877) ASK-EMAP or email us at questions@askemap.org.

2022 Dry Cleaner Compliance Calendars available

Pennsylvania dry cleaners can now request copies of the 2022 Dry Cleaner Compliance Calendar. These calendars are an important small business environmental compliance tool to help fulfill recordkeeping requirements per state and federal regulations. EMAP has a select amount of print copies of the 2022 calendar available that we will be happy to mail out to any Pennsylvania dry cleaners in need. Simply contact us at our toll-free environmental hotline at (877) ASK-EMAP or email us at questions@askemap.org. Electronic versions are also available online at EMAP’s Industry Sector Resources for Dry Cleaners. Also important to note is that the use of perc machines at dry cleaning facilities located in buildings in which people reside such as houses, apartments, condos, and co-ops (co-residential) was prohibited after December 21, 2020. See here for more information about this upcoming residential perc phase-out.

DEP Enhanced Public Participation Policy

Pennsylvania DEP recently developed the Environmental Justice Enhanced Public Participation Policy.  This policy was created to ensure that environmental justice communities have the opportunity to participate and be involved in a meaningful manner throughout the permitting process when companies propose permitted facilities in their neighborhood or when existing facilities expand their operations.
For permit applicants, DEP is strongly encouraging applicants to perform community outreach, provide information to the public and local community, schedule pre-application meetings, and meet one-on-one or in a public setting with local & community stakeholders.

So what is Environmental Justice?

Environmental Justice, or EJ, is the idea or principle where communties and populations should not be disproportionally exposed to adverse environmental impacts.  EJ has historically occured in minority or low-income communities where these populations have beared a higher-than-usual proportion of adverse environmental impacts such as poor air quality, contaminated soil, or unhealthy drinking water.

Permit Applicant Checklist

For any small businesses that has a facility or operation within an EJ community, the following list of items are strongly being recommended by Pennsylvania DEP to undertake:
  • Become familiar with the Environmental Justice Enhanced Public Policy.
  • Contact the EJ coordinator in your particular region.
  • Engage the local community early in the process and schedule at least one public meeting.  The EJ coordinator will assist in planning an effective community meeting.
To determine if your small business might be located in an EJ area, Pennsylvania DEP has developed the EJ Areas Viewer at http://dep.pa.gov/EJViewer.

Contact EMAP to discuss EJ Issues for your Small Business

If your small business has additional questions related to environmental justice and how it may affect your environmental permit application in Pennsylvania, you can speak with one of EMAP’s environmental consultants by contacting our toll-free environmental hotline at (877) ASK-EMAP or email us at questions@askemap.org.

Updated General Information Form Now Available for DEP Permit Applications

Pennsylvania DEP has updated its General Information Form (GIF) which is a form used to facilitate coordination between different types of permit or authorization applications for the same project.  The updated GIF form can be accessed in DEP’s eLibrary found here.
Small business permit applicants should begin using the updated forms immediately as older versions of the GIF form will only be accepted through September 30, 2020.
The GIF form is typically used in situations when a small business submits a permit application to Pennsylvania DEP for the very first time for a particular project. This could be if a business decides to start a new type of operation in Pennsylvania and it is determined that an environmental permit application will be needed.  The form is thus used to determine whether additional environmental permit applications will be required for the project.
As an example, if a small business is required to submit an air quality permit application for a project, and the business has never submitted an environmental permit application to DEP in the past, then the GIF form is a tool used by DEP to determine if additional permit applications (e.g. waste, stormwater, etc.) will also be required.
If a small business is considering starting a new project in Pennsylvania, or is expanding or relocating an existing operation, then it is suggested to first use Pennsylvania DEP’s Permit Application Consultation Tool.
Small businesses in Pennsylvania can also reach out to EMAP staff to discuss your project and see if any environmental permit applications may be required by DEP.  All EMAP services are strictly confidential and are offered at no cost.

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Jeremy Hancher is the EMAP Program Manager located at the Widener University SBDC.  He holds over 15 years of experience in environmental compliance, environmental policy, and program management.  He is proud to be the team lead of the award-winning EMAP program which provides free and confidential environmental assistance to the Pennsylvania small business community in fulfillment of the requirements of the Pennsylvania Air Pollution Control Act and Section 507 of the federal Clean Air Act.
In 2015, Jeremy was part of the team effort when EMAP was recognized by US EPA Administrator Gina McCarthy for Outstanding Accomplishments by a State Small Business Environmental Assistance Provider in Providing Technical Environmental Assistance to the Small Business Community. Jeremy holds a Bachelor’s degree from the University of Pittsburgh, a Master’s degree from the University of Pennsylvania, and a certificate from the Wharton School.
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