[Federal Register Volume 88, Number 107 (Monday, June 5, 2023)]
[Proposed Rules]
[Pages 36524-36525]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-11476]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 60

[EPA-HQ-OAR-2003-0156; FRL-7547.2-02-OAR]
RIN 2060-AV99


Standards of Performance for New Stationary Sources and Emission 
Guidelines for Existing Sources: Other Solid Waste Incineration Units 
Review; Withdrawal of Proposed Provision Removing Pyrolysis/Combustion 
Units

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule; withdrawal of proposed provision.

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SUMMARY: On August 31, 2020, the U.S. Environmental Protection Agency 
(EPA) gave notice that, in accordance with the requirements of the 
Clean Air Act (CAA), the Agency had performed a 5-year review of the 
Standards of Performance for New Stationary Sources and Emissions 
Guidelines for Existing Sources: Other Solid Waste Incineration (OSWI) 
Units, which includes certain very small municipal waste combustion 
(VSMWC) and institutional waste incineration (IWI) units. In the same 
action, the EPA proposed to modify the OSWI definition of ``municipal 
waste combustion unit,'' effectively removing pyrolysis/combustion 
units from the definition. In this action, the EPA is withdrawing that 
proposed modification.

DATES:  As of June 5, 2023, EPA withdraws the proposed definition 
``Municipal waste combustion unit'' in Sec.  60.2977, published at 85 
FR 54178, on August 31, 2020.

ADDRESSES: The EPA has established a docket for the OSWI rulemaking 
under Docket ID No. EPA-HQ-OAR-2003-0156. All documents in the docket 
are listed on the https://www.regulations.gov/ website. Although 
listed, some information is not publicly available, e.g., Confidential 
Business Information (CBI) or other information whose disclosure is 
restricted by statute. Certain other material, such as copyrighted 
material, is not placed on the internet and will be publicly available 
only in hard copy form. Publicly available docket materials are 
available either electronically through https://www.regulations.gov/, 
or in hard copy at the EPA Docket Center, WJC West Building, Room 
Number 3334, 1301 Constitution Ave. NW, Washington, DC. The Public 
Reading Room hours of operation are 8:30 a.m. to 4:30 p.m. Eastern 
Standard Time (EST), Monday through Friday (except Federal holidays). 
The telephone number for the Public Reading Room is (202) 566-1744, and 
the telephone number for the EPA Docket Center is (202) 566-1742.

FOR FURTHER INFORMATION CONTACT: Dr. Nabanita Modak Fischer, Sector 
Policies and Programs Division (E143-05), Office of Air Quality 
Planning and Standards, U.S. Environmental Protection Agency, Research 
Triangle Park, North Carolina 27711; telephone number: (919) 541-5572; 
and email address: [email protected].

SUPPLEMENTARY INFORMATION: Organization of this document. The 
information in this preamble is organized as follows:

I. General Information
    A. Overview
    B. Why is the EPA withdrawing the proposed provision?
II. Impacts of the Withdrawal
III. Statutory Authority

I. General Information

A. Overview

    In 2005, the EPA stated that ``pyrolysis/combustion units (two 
chamber incinerators with a starved air primary chamber followed by an 
afterburner to complete combustion) within the VSMWC and IWI 
subcategories are considered OSWI units'' (70 FR 74876 and 74877; 
December 16, 2005). As a result of recent market trends, especially 
with respect to the increased processing of waste plastics, the EPA 
received several inquiries about OSWI units and the applicability of 
OSWI regulations to pyrolysis/combustion units for a variety of process 
and feedstock types. Based on these requests and the absence of a 
statutory definition of pyrolysis in the CAA, the Agency believed that 
there was considerable confusion in the regulated community regarding 
the applicability of OSWI to pyrolysis/combustion units. Moreover, the 
term ``pyrolysis/combustion'' is not defined in the current OSWI 
regulation, nor is it included in the definition of ``Institutional 
waste incineration unit.'' On August 31, 2020, as part of the Agency's 
periodic review under the CAA, the EPA proposed, among other things, to 
revise the OSWI definition of ``municipal waste combustion unit'' to 
remove the reference to ``pyrolysis/combustion units'' (85 FR 54178). 
The EPA received significant adverse comments on that proposed 
revision.
    In response to the adverse comments received on the August 2020 
proposal and ongoing questions about the regulation of pyrolysis/
combustion units, the EPA issued an advance notice of proposed 
rulemaking (ANPRM) on September 8, 2021 (86 FR 50296). The EPA 
determined that the issuance of the ANPRM was an efficient means for 
gaining a comprehensive understanding of pyrolysis/combustion units and 
how they are used. The EPA expected that this action would allow a 
diverse group of stakeholders to participate and provide information on 
the details of pyrolysis/combustion units, the use of these units to 
thermally process various materials, the products of these processes, 
and the characterization of emissions from these processes. The Agency 
received 170 comments on the ANPRM. In addition, the EPA had several 
discussions with stakeholders during the comment period.

B. Why is the EPA withdrawing the proposed provision?

    The EPA has been reviewing the information gathered in the ANPRM 
and is developing the final OSWI rulemaking package. Based on 
discussions with stakeholders and our review of the comments on the 
ANPRM and OSWI proposal as well as current scientific literature on the 
topic it is evident that pyrolysis is a complex process that is 
starting to be used in many and varied industries. The EPA

[[Page 36525]]

will need significant time and personnel resources to fully analyze the 
comments and evaluate all current information sources to gain a 
technical and regulatory understanding of the pyrolysis process. 
Concurrently, the EPA is continuing to develop the final OSWI 
rulemaking pursuant to a schedule set by the court in Sierra Club v. 
McCarthy, No. 1:16-cv-2461 (D.D.C.). It is likely that the Agency's 
review of the pyrolysis information may need to extend beyond the final 
rulemaking deadline considering the complex issues, the numerous 
comments from stakeholders with different viewpoints, and multiple 
competing priorities resulting from promulgating several different CAA 
regulations under court-ordered deadlines. Because the EPA proposed to 
remove pyrolysis/combustion units from the OSWI rule, those units would 
not be subject to the control requirements in the OSWI rule if the EPA 
were to finalize the proposal in the absence of a withdrawal of the 
proposed provision. The EPA does not believe it would be appropriate 
for those sources to become unregulated emissions sources during the 
time required for our analysis of pyrolysis/combustion units to be 
completed, particularly if the Agency ultimately concludes that 
regulation is needed. To prevent such a regulatory gap and ensure that 
public health protection is maintained for pyrolysis/combustion units, 
the EPA is withdrawing its proposal to revise the definition of 
``municipal waste combustion (MWC) unit'' in the OSWI rule to remove 
the reference to ``pyrolysis/combustion units.''

II. Impacts of Withdrawal

    The provision was proposed as a part of the Standards of 
Performance for New Stationary Sources and Emission Guidelines for 
Existing Sources: Other Solid Waste Incineration Units Review on August 
31, 2020. There is no economic impact associated with the withdrawal of 
that proposed provision.

III. Statutory Authority

    Section 129 of the CAA requires the EPA to establish New Source 
Performance Standards (NSPS) and Emission Guidelines (EG) pursuant to 
sections 111 and 129 of the CAA for new and existing solid waste 
incineration units, including ``other categories of solid waste 
incineration units.'' The Administrator is determining that this action 
is subject to the provisions of CAA section 129(a)(5) as well as under 
the general authority of CAA section 301(a)(1). This final rule does 
not establish new regulatory requirements. Hence, the requirements of 
Executive Orders that generally apply to rulemakings (e.g., the 
Unfunded Mandates Reform Act) do not apply to this action.

List of Subjects in 40 CFR Part 60

    Environmental protection, Administrative practice and procedure, 
Air pollution control, Hazardous substances, Intergovernmental 
relations.

Michael S. Regan,
Administrator.

0
Accordingly, as of June 5, 2023, the EPA withdraws the definition for 
``Municipal waste combustion unit'' in Sec.  60.2977, which published 
at 85 FR 54211, on August 31, 2020.

[FR Doc. 2023-11476 Filed 6-2-23; 8:45 am]
BILLING CODE 6560-50-P