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Implications of the AERR Proposed Rule for Small Businesses

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 October 18, 2023.

EPA Proposes Rule to Lead-Based Paint Standards

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.

EPA Proposes Ban on Perchloroethylene: Implications for Small Businesses

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.

Public Comment Period for Ethylene Oxide Emission Standards

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.

Revised General Permit for Small Combustion Units

Pennsylvania DEP revised the General Plan Approval and/or General Operating Permit, commonly known as the GPA/GP-1, for Natural Gas and and No. 2 Oil Fired Small Combustion Units. The issuance of the new permit took effect upon publication of the January 28, 2023 version of the Pennsylvania Bulletin. The primary change of the GPA/GP-1 was to increase the size or rated capacity of the combustion units covered by the general permit from 50 million Btu per hour to 100 million Btu per hour.  This new rated capacity of 100 million Btu/hr widens the size range of small combustion units allowed for GPA/GP-1 applications and helps modernize the emissions acceptable under the permitting process. Small business can find copies of the new GP-1 general permit applications, instructions, and additional information here.

Air Emission Inventory Reports due March 1, 2023

Small business facilities that are required to submit annual air emissions inventory reports, often referred to as AIMS, need to do so by March 1, 2023.  Those small business facilities that asked to report are often classified as Synthetic Minor facilities of air emissions.

How to Report

Paper reporting for Air Emission Statement (AES) reports has been discontinued.  Thus, reporting is done through AES Online which one needs to have an account with DEP’s GreenPort to access. Facilities in Allegheny County no longer report their annual emissions using GreenPort as these facilities should now use Allegheny County Health Department’s (ACHD) Regulated Entities Portal (REP).

Reporting Assistance

Pennsylvania DEP has created a booklet of Instructions for Submitting the Air Quality Emission Inventory Reports.  In addition, DEP has available an Introductory/Presentation and a Training/FAQ page to help answer questions. Small businesses in Pennsylvania can also contact EMAP for technical assistance.

Residual Waste Biennial Report due March 1, 2023

Any Pennsylvania small businesses that generated more than 13 tons of residual waste in calendar year 2022 is required to submit the residual waste biennial report by March 1, 2023.

What is “residual waste”?

In Pennsylvania, residual waste is considered any type of waste that is not otherwise considered hazardous or municipal waste.  Examples of residual waste include contaminated soil, rubber, glass, industrial equipment, filters, excess grindings and shavings, etc.  To help address further questions please see EMAP’s Residual Waste Brochure.

How to submit the Residual Waste Biennial Report

This year, it is being highly encouraged for those who need to submit the report to do so electronically through GreenPort. Small businesses who need to file the residual waste biennial report can access paper copies of the Generator’s Residual Waste Biennial Report for 2022 along with the Instructions Packet by visiting Pennsylvania DEP’s site for the Residual Waste Biennial Report.

Compliance Checklist for Radiation-Producing Machines

EMAP has created a Radiation-Producing Machines Compliance Checklist intended for small offices and small business owners in Pennsylvania who possess, provide services, or needs to register a radiation-producing machine.  The checklist is intended to help these small businesses to comply with registration requirements in the Pennsylvania Code Chapter 216.

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

The 2023 Dry Cleaner Compliance Calendar is now available for Pennsylvania dry cleaners.  You can access a digital copy here or by visiting EMAP’s page for dry cleaners.  Hard copy versions are now available – simply contact EMAP for a print version of the calendar. These environmental compliance calendars contain important record-keeping elements designed to assist Pennsylvania dry cleaners comply with state and federal regulations. It is important for dry cleaners to understand that the calendar, once properly filled out and completed, 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.

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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