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, 36524-36525 [2023-11476]
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Federal Register / Vol. 88, No. 107 / Monday, June 5, 2023 / Proposed Rules
imprisonment as provided in 18 U.S.C.
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any payment of fees and costs that in
the aggregate exceeds 15 percent of any
defined monetary assistance paid on
such application. An attorney who
violates this provision is subject to fine,
imprisonment of up to one year, or both.
§ 81.59
Privacy.
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(or their authorized representatives)
who have requested defined monetary
assistance from the Reserve under this
program, except as necessary to process
a request or application or pursuant to
law or court order.
Dated: May 24, 2023.
Merrick B. Garland,
Attorney General.
[FR Doc. 2023–11637 Filed 6–2–23; 8:45 am]
BILLING CODE 4410–14–P
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
Environmental Protection
Agency (EPA).
ACTION: Proposed rule; withdrawal of
proposed provision.
AGENCY:
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 5year 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
ddrumheller on DSK120RN23PROD with PROPOSALS1
SUMMARY:
VerDate Sep<11>2014
17:39 Jun 02, 2023
Jkt 259001
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
§ 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:
modak.nabanita@epa.gov.
SUPPLEMENTARY INFORMATION:
Organization of this document. The
information in this preamble is
organized as follows:
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.
I. General Information
A. Overview
B. Why is the EPA withdrawing the
proposed provision?
II. Impacts of the Withdrawal
III. Statutory Authority
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
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)
PO 00000
Frm 00011
Fmt 4702
Sfmt 4702
E:\FR\FM\05JNP1.SGM
05JNP1
Federal Register / Vol. 88, No. 107 / Monday, June 5, 2023 / Proposed Rules
ddrumheller on DSK120RN23PROD with PROPOSALS1
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 courtordered 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
VerDate Sep<11>2014
17:39 Jun 02, 2023
Jkt 259001
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
PO 00000
Frm 00012
Fmt 4702
Sfmt 9990
36525
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.
Accordingly, as of June 5, 2023, the
EPA withdraws the definition for
‘‘Municipal waste combustion unit’’ in
§ 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
E:\FR\FM\05JNP1.SGM
05JNP1
]]>Agencies
[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.
-----------------------------------------------------------------------
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
