EPA Seeks Input on Standards of Performance for New Stationary Sources and Emission Guidelines for Solid Waste


U.S. Environmental Protection Agency (EPA) is inviting small businesses, small governments, and small not-for-profit organizations to participate as Small Entity Representatives (SERs) for a Small Business Advocacy Review (SBAR) Panel. This Panel will focus on the Agency’s development of a rule, “Standards of Performance for New Stationary Sources and Emission Guidelines for Existing Sources: Other Solid Waste Incineration Units Review,” that would revise standards and other regulatory requirements for other solid waste incineration (OSWI) units such as very small municipal waste combustion (VSMWC) and institutional waste incineration (IWI) units.

 In 2005, EPA established New Source Performance Standards (NSPS) and Emission Guidelines (EG) for new and existing OSWI units. In accordance with requirements under section 129 of the Clean Air Act (CAA), EPA is completing a periodic review of emission standards and other requirements for OSWI units. As part of that review, on August 31, 2020, EPA proposed to determine that no new cost-effective controls are available. In addition, based on supplementary information the Agency obtained since the 2005 final rule, EPA proposed to amend the standards for small OSWI units (with capacities equal to or less than 10 tons per day) by:

  • amending rule applicability provisions for units based on the type of waste being combusted and daily combustion capacity;
  • increasing testing and monitoring flexibilities so that small units with rudimentary designs can demonstrate compliance with the OSWI rule;
  • revising regulatory provisions related to emissions during periods of startup, shutdown, and malfunction; and
  • adding provisions for electronic reporting of certain notifications and reports.
  • The public comment period for the proposed rule closed on October 15, 2020. In response to public comments and additional information received during the comment period, EPA is interested in convening an SBAR Panel.

 The Panel will include representatives from the federal 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 companies, governments, or organizations to inform the Panel members about the potential impacts of the proposed rule on small entities.

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

 Self-nominations may be submitted through the link below and must be received by April 20, 2023.

 Nominate yourself to serve as an SER: https://www.epa.gov/reg-flex/potential-sbar-panel-standards-performance-new-stationary-sources-and-emission-guidelines.