[Federal Register Volume 89, Number 75 (Wednesday, April 17, 2024)]
[Rules and Regulations]
[Pages 27392-27397]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-08270]


=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 60

[EPA-HQ-OAR-2003-0156; FRL-7547.3-01-OAR]
RIN 2060-AW14


Other Solid Waste Incinerators; Air Curtain Incinerators Title V 
Permitting Provisions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: On August 31, 2020, in accordance with requirements under the 
Clean Air Act (CAA), the U.S. Environmental Protection Agency (EPA) 
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

[[Page 27393]]

proposed to remove the title V permitting requirements for air curtain 
incinerators (ACI) that burn only wood waste, clean lumber, yard waste, 
or a mixture of these three types of waste. In response to supportive 
comments received on the August 2020 proposal, this action is 
finalizing, as proposed, to remove the title V permitting requirements 
for ACIs that only burn wood waste, clean lumber, yard waste, or a 
mixture of those, and are not located at title V major sources or 
subject to title V for other reasons. The EPA is finalizing this 
proposed action now to simplify the compliance obligations for owners 
and operators of these types of units.

DATES: The effective date of this rule is April 17, 2024.

ADDRESSES: The EPA has established a docket for this 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 
electronically through https://www.regulations.gov/.

FOR FURTHER INFORMATION CONTACT: Noel Cope, Sector Policies and 
Programs Division (E143-05), Office of Air Quality Planning and 
Standards, U.S. Environmental Protection Agency, 109 T.W. Alexander 
Drive, P.O. Box 12055, Research Triangle Park, North Carolina 27711; 
telephone number: (919) 541-2128; and email address: [email protected].

SUPPLEMENTARY INFORMATION: 
    Preamble acronyms and abbreviations. We use multiple acronyms and 
terms in this preamble. While this list may not be exhaustive, to ease 
the reading of this preamble and for reference purposes, the EPA 
defines the following terms and acronyms here:

ACI air curtain incinerator
CAA Clean Air Act
CFR Code of Federal Regulations
CRA Congressional Review Act
EPA Environmental Protection Agency
FR Federal Register
IWI institutional waste incineration
MSW municipal solid waste
NTTAA National Technology Transfer and Advancement Act
OSWI other solid waste incineration
PRA Paperwork Reduction Act
VSMWC very small municipal waste combustion

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

I. General Information
    A. Does this action apply to me?
    B. Where can I get a copy of this document and other related 
information?
    C. Judicial Review and Administrative Reconsideration
II. Background
    A. What is the statutory authority and regulatory history for 
this action?
    B. What changes did we propose for ACIs in our August 31, 2020, 
proposal?
III. Summary of Final Action
    A. Removal of title V Permitting Requirements for ACIs That Only 
Burn Wood Waste, Clean Lumber and Yard Waste
    B. What are the effective and compliance dates of the standards?
IV. Public Comments and Responses
    A. What key comments did we receive on title V permitting 
requirements for ACIs that burn only wood waste, clean lumber, and 
yard waste?
V. Summary of Cost, Environmental, and Economic Impacts
    A. What are the affected facilities?
    B. What are the air quality impacts?
    C. What are the cost impacts?
    D. What are the economic impacts?
    E. What are the benefits?
VI. Statutory and Executive Order Reviews
    A. Executive Order 12866: Regulatory Planning and Review and 
Executive Order 14094: Modernizing Regulatory Review
    B. Paperwork Reduction Act
    C. Regulatory Flexibility Act
    D. Unfunded Mandates Reform Act
    E. Executive Order 13132: Federalism
    F. Executive Order 13175: Consultation and Coordination With 
Indian Tribal Governments
    G. Executive Order 13045: Protection of Children From 
Environmental Health Risks and Safety Risks
    H. Executive Order 13211: Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use
    I. National Technology Transfer and Advancement Act (NTTAA) and 
1 CFR Part 51
    J. Executive Order 12898: Federal Actions To Address 
Environmental Justice in Minority Populations and Low-Income 
Populations and Executive Order 14096: Revitalizing Our Nation's 
Commitment to Environmental Justice for All
    K. Congressional Review Act (CRA)

I. General Information

A. Does this action apply to me?

    Categories and entities potentially affected by this action are 
shown in table 1 of this preamble.

                       Table 1--Industrial Source Categories Affected by This Final Action
----------------------------------------------------------------------------------------------------------------
                                                                              Examples of potentially regulated
               Source category                        NAICS code \1\                      entities
----------------------------------------------------------------------------------------------------------------
Any State, local, or Tribal government using                 562213, 92411  Solid waste combustion units burning
 a VSMWC unit.                                                               municipal solid waste (MSW).
Any correctional institution using an IWI                        922, 7213  Correctional institutions.
 unit.
Any nursing or residential care facility                               623  Any nursing care, residential
 using an OSWI unit.                                                         intellectual and developmental
                                                                             disability, residential mental
                                                                             health and substance abuse, or
                                                                             assisted living facilities.
Any Federal government agency using an OSWI                      928, 7121  Department of Defense (labs,
 unit.                                                                       military bases, munition
                                                                             facilities) and National Parks.
Any educational institution using an OSWI                 6111, 6112, 6113  Primary and secondary schools,
 unit.                                                                       universities, colleges, and
                                                                             community colleges.
Any church or convent using an OSWI unit.....                         8131  Churches and convents.
Any civic or religious organization using an                          8134  Civic associations and fraternal
 OSWI unit.                                                                  associations.
Any industrial or commercial facility using a      114, 211, 212, 221, 486  Oil and gas exploration operations;
 VSMWC unit.                                                                 mining; pipeline operators; utility
                                                                             providers; fishing operations.
----------------------------------------------------------------------------------------------------------------
\1\ North American Industry Classification System.

    Table 1 is not intended to be exhaustive, but rather to provide a 
guide for readers regarding entities likely to be regulated by this 
final action. To determine whether your entity is regulated by this 
action, you should carefully examine the applicability criteria found 
in title 40 of the Code of Federal Regulations (CFR), 60.2885,

[[Page 27394]]

60.2981, and 60.2991. If you have questions regarding the applicability 
of this action to a particular entity, consult the person listed in the 
FOR FURTHER INFORMATION CONTACT section of this preamble, your 
delegated authority, or your EPA Regional representative listed in 40 
CFR 60.4 (General Provisions).

B. Where can I get a copy of this document and other related 
information?

    In addition to being available in the docket, an electronic copy of 
this final action will also be available on the internet. Following 
signature by the EPA Administrator, the EPA will post a copy of this 
final action at: https://www.epa.gov/stationary-sources-air-pollution/other-solid-waste-incinerators-oswi-new-source-performance. Following 
publication in the Federal Register (FR), the EPA will post the FR 
version and key technical documents at this same website.

C. Judicial Review and Administrative Reconsideration

    Under CAA section 307(b)(1), judicial review of this final action 
is available only by filing a petition for review in the United States 
Court of Appeals for the District of Columbia Circuit by June 17, 2024. 
Under CAA section 307(b)(2), the requirements established by this final 
rule may not be challenged separately in any civil or criminal 
proceedings brought by the EPA to enforce the requirements.
    Section 307(d)(7)(B) of the CAA further provides that only an 
objection to a rule or procedure which was raised with reasonable 
specificity during the period for public comment (including any public 
hearing) may be raised during judicial review. This section also 
provides a mechanism for the EPA to reconsider the rule if the person 
raising an objection can demonstrate to the Administrator that it was 
impracticable to raise such objection within the period for public 
comment or if the grounds for such objection arose after the period for 
public comment (but within the time specified for judicial review) and 
if such objection is of central relevance to the outcome of the rule. 
Any person seeking to make such a demonstration should submit a 
Petition for Reconsideration to the Office of the Administrator, U.S. 
EPA, Room 3000, WJC South Building, 1200 Pennsylvania Ave. NW, 
Washington, DC 20460, with a copy to both the person(s) listed in the 
preceding FOR FURTHER INFORMATION CONTACT section and the Associate 
General Counsel for the Air and Radiation Law Office, Office of General 
Counsel (Mail Code 2344A), U.S. EPA, 1200 Pennsylvania Ave. NW, 
Washington, DC 20460.

II. Background

A. What is the statutory authority and regulatory history for this 
action?

    Section 129 of the CAA, entitled ``Solid Waste Combustion,'' 
requires the EPA to develop and adopt new source performance standards 
(NSPS) and emission guidelines (EG) for solid waste incineration units 
pursuant to CAA section 111 and 129. Section 129(a) of the CAA requires 
EPA to establish NSPS for new sources, and CAA section 129(b) requires 
the EPA to establish guidelines, which include emission limits pursuant 
to section 111(d) of the CAA. Under CAA section 129, NSPS and EG must 
be developed for new and existing stationary sources that cause or 
contribute significantly to air pollution that may reasonably be 
anticipated to endanger public health or welfare.
    In 2005, the EPA promulgated NSPS and EG for OSWI units (70 FR 
74870; December 16, 2005). ``Standards of Performance for Other Solid 
Waste Incineration Units'' (i.e., the OSWI rule), which requires owners 
and operators of ACIs burning only wood waste, clean lumber, yard waste 
or a mixture of these three types of waste to apply for and obtain a 
title V permit (70 FR 74884-85). The EPA explained that title V 
operating permits ``would assure compliance with all applicable federal 
requirements for regulated incineration units.'' (See 70 FR 74873.)
    CAA section 129(a)(5) requires the EPA, every 5 years, to review 
and, in accordance with CAA sections 129 and 111, revise standards and 
other requirements for solid waste incineration units (such as the OSWI 
standards). On August 31, 2020, in accordance with EPA's general 
authority under CAA section 129(a), the EPA issued a proposal to amend 
the NSPS and EG for OSWI units (85 FR 54178). Among other amendments, 
the EPA proposed to eliminate the requirement that ACIs that burn only 
wood waste, clean lumber, and yard waste, and that are not located at 
major sources or subject to title V for other reasons, obtain title V 
operating permits. The EPA has received feedback from several States 
indicating that the title V permits are unnecessarily burdensome and 
expensive for States to maintain for these ACIs. Further, based on 
available data, ACIs that burn exclusively wood waste, clean lumber, 
and yard waste are commonly located at facilities that would not 
otherwise require title V operating permits. In this action, the EPA is 
finalizing only the portion of the proposed rule that eliminates the 
title V permit requirement for ACIs that burn only wood waste, clean 
lumber, and yard waste, for the reasons described below. Since the 
proposal, both State and industry stakeholders have commented that the 
title V requirements for these units are overly burdensome and costly, 
particularly in light of the dependence on ACI units to mitigate 
natural disaster debris, such as massive amounts of clean wood and 
vegetative waste for wildfire mitigation and forest management; burning 
of storm-generated wood and vegetative debris; and burning of land 
clearing debris. Several States have commented that these ACIs should 
not be required to obtain title V permits because they are low-emitting 
and because permitting these ACIs is unnecessarily burdensome and 
expensive. Further, ACIs that burn exclusively wood waste, clean 
lumber, and yard waste are typically used temporarily at the location 
of a natural disaster, not at facilities that are subject to title V 
(See 85 FR 54194; August 31, 2020).
    The EPA has also received comments that the title V permit 
requirement for ACIs that only burn wood waste, clean lumber, and yard 
waste is inconsistent with the definition of ``solid waste incineration 
unit'' in CAA section 129(g)(1). CAA section 129(e) generally requires 
title V permits for ``solid waste incineration units.'' However, CAA 
section 129(g)(1) excludes ACIs that only burn wood waste, yard waste, 
and clean lumber and comply with the opacity limitations in 40 CFR 
60.2971 and 60.3066. For these reasons, the EPA is removing the title V 
permitting requirements for ACI units burning only wood waste, clean 
lumber, and yard waste.

B. What changes did we propose for ACIs in our August 31, 2020, 
proposal?

    On August 31, 2020, as part of the Agency's 5-year review of the 
Standards of Performance for New Stationary Sources and Emissions 
Guidelines for Existing Sources: Other Solid Waste Incineration (OSWI) 
Units, the EPA proposed to remove the title V permitting requirements 
for ACI units burning only wood waste, clean lumber, and yard waste. 
The EPA received 20 comment letters from States and industry 
stakeholders supporting the removal of title V permitting requirement 
for ACIs that burn only wood waste, clean lumber, and yard waste. The 
EPA received no adverse comments on the proposal.

[[Page 27395]]

III. Summary of Final Action

A. Removal of Title V Permitting Requirements for ACIS That Burn Only 
Wood Waste, Clean Lumber, and Yard Waste

    After considering public comments received on the August 2020 
proposal, in this action the EPA is finalizing as proposed to remove 
title V permit requirements for ACI units that burn only wood waste, 
clean lumber, and yard waste. EPA is finalizing this provision to 
simplify the compliance obligations for owners and operators of these 
types of units.

B. What are the effective and compliance dates of the standards?

    The revisions to the title V permitting requirements for ACIs 
burning only wood waste, clean lumber, and yard waste being promulgated 
in this action are effective on April 17, 2024.

IV. Public Comments and Responses

A. What key comments did we receive on title V permitting requirements 
for ACIs that Burn only wood waste, clean lumber, and yard waste and 
what are our responses?

    Comment: Commenters support the removal of title V permitting 
requirements for ACIs burning wood waste, yard waste, and clean lumber. 
Some States commented that these types of ACIs are excluded from the 
definition of ``solid waste incineration units'' under CAA section 
129(g)(1) and are therefore not subject to the title V permit 
requirements in CAA section 129(e). Commenters further stated that ACIs 
burning only the allowed materials should not be considered subject to 
standards or regulations under CAA section 111, because only ``solid 
waste incineration units'' are required to be subject to New Source 
Performance Standards pursuant to CAA section 129(a) and Emission 
Guidelines for Existing Units pursuant to CAA section 129(b). 
Additionally, commenters stated that ACIs burning only the allowed 
materials should not be subject to title V permitting pursuant to CAA 
section 502(a), because ACIs are not subject to standards or 
regulations under CAA section 111. Commenters stated that ACIs burning 
only the allowed materials should only be subject to the opacity 
standards pursuant to CAA section 129(g)(1).
    In addition, several commenters indicated that the title V permit 
requirement for these ACIs has been unduly burdensome and expensive for 
both ACI operators and permitting agencies. Commenters asserted that 
this has impacted especially small businesses, because of the high cost 
involved in some jurisdictions, the extensive paperwork, and time-
consuming reporting requirements. Commenters further stated that these 
impediments render utilizing an ACI for the reduction of the allowed 
materials, in most instances, not commercially viable compared to open 
pile burning or grinding and disposing of the grindings by various 
means that are often environmentally unsound, such as landfilling. A 
commenter noted that the title V permit requirements often discourage 
ACI use and instead create conditions where open burning of wood waste 
occurs instead.
    A commenter indicated that removal of the title V permit 
requirement would greatly simplify the permitting process while 
encouraging a cleaner, less polluting method of wood waste disposal 
when compared to open burning. Commenters stated that the immediate 
result of removing the title V permit requirement will be less open 
pile burning and grinding of wood waste, which will reduce Black Carbon 
emissions with a positive effect on global warming. Several commenters 
noted that increased use of ACIs that are not considered to be solid 
waste incinerators would produce biochar that can be used as a 
beneficial soil amendment rather than being treated as a hazardous 
waste that must be disposed of in a landfill. A commenter also asserted 
that ACIs are air quality control devices and a preferred method of 
managing wood wastes.
    A commenter stated that ACIs that burn wood waste, clean lumber, 
and yard waste are not incinerators and characterized ACIs that burn 
this type of waste as air pollution control devices for an open burn 
pile. Commenters emphasized that the residuals from ACIs that burn this 
type of waste consist of wood ash and biochar, which are not hazardous 
waste, as are residual ashes from true MSW incinerators. A commenter 
added that this would pave the way in all jurisdictions for wood ash 
and biochar from ACIs burning only the allowed materials to be land-
applied as a beneficial soil additive and ACI residuals from burning 
clean wood waste would no longer require a hazardous waste permit and 
subsequent disposal into a landfill, often at considerable cost.
    A commenter encouraged the EPA to clarify that the waiver of title 
V permitting requirements also would apply when ACIs are used to burn 
other naturally occurring and organic materials in an effort to remove 
or reduce hazardous fuels loads that could lead to a wildland fire 
incident. Another commenter urged the EPA to expand this title V 
exemption to all ACIs that burn only wood waste, clean lumber, and yard 
waste (e.g., ACIs subject to 40 CFR 60.2020 and 60.2010).
    Response: As noted by the commenter, the EPA proposed to eliminate 
the title V permit requirement for ACIs that only burn wood wastes, 
yard wastes, and clean lumber and that comply with opacity limitations 
established by the EPA, unless they otherwise need title V permits (85 
FR 54194). The definition of ``solid waste incineration unit'' in CAA 
section 129(g)(1) ``does not include (C) air curtain incinerators 
[that] only burn wood wastes, yard wastes and clean lumber'' and comply 
with opacity limits. Importantly, the regulations at 40 CFR 70.3 
stipulate the types of sources that must obtain a permit for operation 
pursuant to CAA section 502(a). In particular, title V permitting 
applies to any major source, as defined in 40 CFR 70.2, without 
exceptions, including ACI that are not solid waste incineration units 
under CAA section 129(g)(1), but are themselves major sources. The 
preamble to the proposal explains that ``EPA is proposing to eliminate 
this regulatory title V permitting requirement for such ACIs that are 
not located at a major source or subject to title V for other 
reasons.'' (85 FR 54194) This final rule clarifies applicability of 
title V permitting requirement for ACIs that burn only wood waste, 
clean lumber, and yard waste or a combination of these materials and 
comply with the Section 129 opacity requirements. We disagree that this 
interpretation should extend to ACIs used to burn materials other than 
wood waste, clean lumber, and yard waste, as defined in 40 CFR 60.2992 
and 60.3078.

V. Summary of Cost, Environmental, and Economic Impacts

A. What are the affected facilities?

    The OSWI database developed for the August 31, 2020, proposal lists 
approximately 29 ACI units that burn only wood waste, clean lumber, and 
yard waste, at 29 facilities. It is possible that there are units not 
included in the OSWI database.

B. What are the air quality impacts?

    There are no air quality impacts associated with this action. The 
removal of title V permitting requirements for ACIs that only burn wood 
waste, clean lumber, and yard waste does not have an effect on the 
obligation for sources to comply with the existing standards, including 
the stringency of the

[[Page 27396]]

standards in 40 CFR part 60, subpart EEEE or FFFF, or on the ability of 
Federal or State agencies to enforce standards.

C. What are the cost impacts?

    The removal of title V permit requirements for ACI units that burn 
only wood waste, clean lumber, and yard waste results in a cost savings 
in permit costs for ACI units that burn only wood waste, clean lumber, 
and yard waste. There is no cost impact on other types of ACI units 
that do not burn only wood waste, clean lumber, and yard waste.

D. What are the economic impacts?

    The removal of title V permit requirements for ACI units that burn 
only wood waste, clean lumber, and yard waste results in a cost 
reduction that cannot be quantified because the EPA is unable to 
accurately identify the number of these units to scale the cost 
reduction. There is no economic impact on other types of ACI units that 
do not burn only wood waste, clean lumber, and yard waste.

E. What are the benefits?

    This final action will simplify compliance and reduce 
administrative cost burden for owners and operators of ACI units that 
burn only wood waste, clean lumber, and yard waste and permitting 
authorities. The rule will not change existing emission standards. 
Further, it will have no adverse impact on public health or the 
environment.

VI. Statutory and Executive Order Reviews

    Additional information about these statutes and Executive orders 
can be found at https://www.epa.gov/laws-regulations/laws-and-executive-orders.

A. Executive Order 12866: Regulatory Planning and Review and Executive 
Order 14094: Modernizing Regulatory Review

    This action is not a significant regulatory action as defined in 
the Executive Order 12866, as amended by Executive Order 14094, and was 
therefore not subject to a requirement for Executive Order 12866 
review.

B. Paperwork Reduction Act

    This action does not impose an information collection burden under 
the Paperwork Reduction Act (PRA). There are no information collection 
request activities associated with this action.

C. Regulatory Flexibility Act

    I certify that this action will not have a significant economic 
impact on a substantial number of small entities under the RFA. In 
making this determination, the EPA concludes that the impact of concern 
for this action is any significant adverse economic impact on small 
entities and that the agency is certifying that this action will not 
have a significant economic impact on a substantial number of small 
entities because the action relieves regulatory burden on the small 
entities subject to this action. This action removes title V permit 
requirements for affected small entities. We have therefore concluded 
that this action will relieve regulatory burden for all directly 
regulated small entities.

D. Unfunded Mandates Reform Act

    This action does not contain an unfunded mandate of $100 million or 
more as described in the Unfunded Mandates Reform Act (UMRA), 2 U.S.C. 
1531-1538, and does not significantly or uniquely affect small 
governments. This action imposes no enforceable duty on any State, 
local, or Tribal governments or the private sector.

E. Executive Order 13132: Federalism

    This action does not have federalism implications. It will not have 
substantial direct effects on the States, on the relationship between 
the National Government and the States, or on the distribution of power 
and responsibilities among the various levels of government.

F. Executive Order 13175: Consultation and Coordination With Indian 
Tribal Governments

    This action does not have Tribal implications as specified in 
Executive Order 13175. It will neither impose direct compliance costs 
on federally recognized Tribal governments nor preempt Tribal law. 
Thus, Executive Order 13175 does not apply to this action.

G. Executive Order 13045: Protection of Children From Environmental 
Health Risks and Safety Risks

    Executive Order 13045 directs Federal agencies to include an 
evaluation of the health and safety effects of the planned regulation 
on children in Federal health and safety standards and explain why the 
regulation is preferable to potentially effective and reasonably 
feasible alternatives. This action is not subject to Executive Order 
13045 because it is not a significant regulatory action under section 
3(f)(1) of Executive Order 12866, and because the EPA does not 
anticipate the environmental health or safety risks addressed by this 
action present a disproportionate risk to children. This action is not 
subject to Executive Order 13045 because it does not concern an 
environmental health risk or safety risk.

H. Executive Order 13211: Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use

    This action is not subject to Executive Order 13211, because it is 
not a significant regulatory action under Executive Order 12866.

I. National Technology Transfer and Advancement Act (NTTAA) and 1 CFR 
Part 51

    This rulemaking does not involve technical standards.

J. Executive Order 12898: Federal Actions To Address Environmental 
Justice in Minority Populations and Low-Income Populations and 
Executive Order 14096: Revitalizing Our Nation's Commitment to 
Environmental Justice for All

    The EPA believes that the human health and environmental conditions 
that exist prior to this action do not result in disproportionate and 
adverse effects on communities with environmental justice (EJ) 
concerns. The removal of title V requirements for ACIs that burn only 
wood waste, clean lumber, and yard waste do not affect the level of 
protection provided to human health or the environment.
    The EPA believes that this action is not likely to result in new 
disproportionate and adverse effects on communities with environmental 
justice concerns. Air quality regulation on ACIs remains in place to 
control environmental exposure to the public despite the removal of 
title V permit requirements for ACIs that burn only wood waste, clean 
lumber, and yard waste. This action will not compromise standards and/
or controls on ACIs that burn only wood waste, clean lumber, and yard 
waste.

K. Congressional Review Act

    This action is subject to the Congressional Review Act (CRA), and 
the EPA will submit a rule report to each House of the Congress and to 
the Comptroller General of the United States. This action is not a 
``major rule'' as defined by 5 U.S.C. 804(2).

List of Subjects in 40 CFR Part 60

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

[[Page 27397]]

Reporting and recordkeeping requirements.

Michael S. Regan,
Administrator.

    For the reasons set out in the preamble, title 40, chapter I of the 
Code of Federal Regulations is amended as follows:

PART 60--STANDARDS OF PERFORMANCE FOR NEW STATIONARY SOURCES

0
1. The authority citation for part 60 continues to read as follows:

    Authority:  42 U.S.C. 7401 et seq.

Subpart EEEE--Standards of Performance for Other Solid Waste 
Incineration Units for Which Construction Is Commenced After 
December 9, 2004, or for Which Modification or Reconstruction Is 
Commenced on or After June 16, 2006

0
2. Revise Sec.  60.2966 to read as follows:


Sec.  60.2966   Am I required to apply for and obtain a title V 
operating permit for my unit?

    (a) If you are the owner or operator of an air curtain incinerator 
that is subject to this subpart and that does not burn only wood waste, 
clean lumber, and yard waste, you are required to apply for and obtain 
a title V operating permit for your OSWI unit.
    (b) If you are the owner or operator of an air curtain incinerator 
that burns only wood waste, clean lumber, and yard waste and that is 
subject only to the requirements in Sec. Sec.  60.2970 through 60.2973, 
you are exempt from the obligation to obtain a title V operating 
permit, provided that your air curtain incinerator is not otherwise 
required to obtain a title V operating permit.

0
3. Revise Sec.  60.2967 to read as follows:


Sec.  60.2967   When must I submit a title V permit application for my 
new unit?

    (a) If your new unit subject to this subpart is applying for a 
permit the first time, a complete title V permit application must be 
submitted timely either 12 months after the date the unit commences 
operation as a new source or before one of the dates specified in 
paragraph (b) of this section, as applicable.
    (b) For a unit that commenced operation as a new source as of 
December 16, 2005, then a complete title V permit application must be 
submitted not later than December 18, 2006. For a small OSWI unit that 
commenced operation as a new source as of April 17, 2024, a complete 
title V permit application must be submitted not later than April 18, 
2025.
    (c) [Reserved]


Sec.  60.2969   [Removed and Reserved]

0
4. Remove and reserve Sec.  60.2969.


Sec.  60.2974   [Removed and Reserved]

0
5. Remove and reserve Sec.  60.2974

0
6. Revise the heading of subpart FFFF to read as follows:

Subpart FFFF--Emission Guidelines and Compliance Times for Other 
Solid Waste

0
7. Revise Sec.  60.3059 to read as follows:


Sec.  60.3059   Am I required to apply for and obtain a title V 
operating permit for my unit?

    (a) Yes, if your OSWI unit is an existing incineration unit subject 
to an applicable EPA-approved and effective Clean Air Act section 
111(d)/129 state or tribal plan or an applicable and effective Federal 
plan, and your OSWI unit does not burn only wood waste, clean lumber, 
and yard waste, you are required to apply for and obtain a title V 
operating permit.
    (b) If you are the owner or operator of an air curtain incinerator 
that burns only wood waste, clean lumber, and yard waste and is subject 
only to the requirements in Sec. Sec.  60.3062 through 60.3068, you are 
exempt from the obligation to obtain an operating permit, provided that 
your air curtain incinerator is not otherwise required to obtain a 
title V operating permit.


Sec.  60.3060   [Removed and Reserved]

0
8. Remove and reserve Sec.  60.3060.

[FR Doc. 2024-08270 Filed 4-16-24; 8:45 am]
BILLING CODE 6560-50-P