Representing Iowa, Kansas, Missouri, Nebraska, and Nine Tribal Nations

LENEXA, KANSAS (December 6, 2019) — The US Environmental Protection Agency (EPA) is inviting small businesses, governments, and not-for-profit organizations to participate as Small Entity Representatives (SERs) providing advice and recommendations to a Small Business Advocacy Review (SBAR) Panel. This panel will focus on the agency’s development of a rule that proposes to update the National Emission Standards for Hazardous Air Pollutants (NESHAP) for ethylene oxide (EtO) emissions from commercial sterilization and fumigation operations.

This rule may consider several emission sources at the facilities, potentially including: fugitive emissions; chamber exhaust vents; sources that are currently controlled; and sources at lower-usage facilities (some of which are currently unregulated).

Prior to this proposed rule, EPA is issuing an advance notice of proposed rulemaking (ANPRM) to solicit information from the public. EPA will use information received in response to this ANPRM, and information gathered from a Clean Air Act Section 114 request, to further assess the potential impacts of emission reduction strategies that may be considered. Given the potential impact of certain emission reduction strategies on small businesses, EPA may need to convene a Small Business Advocacy Review (SBAR) Panel before taking regulatory action to satisfy Regulatory Flexibility Act requirements.

The panel will include federal representatives from the Small Business Administration (SBA), the Office of Management and Budget (OMB), and EPA. The panel members ask a selected group of SERs to provide advice and recommendations on behalf of their company, community, or organization to inform the panel members about the potential impacts of the proposed rule on small entities.

EPA seeks self-nominations from the small entities that may be directly subject to the rule requirements. Other representatives, such as trade associations that exclusively or at least primarily represent potentially regulated small entities, may also serve as SERs.

Self-nominations may be submitted through the link below and must be received by Friday, December 20.

Nominate yourself as a SER: https://www.epa.gov/reg-flex/potential-sbar-panel-national-emission-standards-hazardous-air-pollutants-neshap-ethylene.

Additional information about the EtO Commercial Sterilization and Fumigation Operations NESHAP: https://www.epa.gov/stationary-sources-air-pollution/miscellaneous-organic-chemical-manufacturing-national-emission.

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