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Proposed Rule2024-16256

Standards of Performance for New Stationary Sources and Emission Guidelines for Existing Sources: Other Solid Waste Incineration Units Revisions to Definitions

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Published

July 25, 2024

Issuing agencies

Environmental Protection Agency

Abstract

This action supplements the proposed amendments to the new source performance standards (NSPS) and emission guidelines (EG) for the Other Solid Waste Incineration (OSWI) units source category published in the Federal Register on August 31, 2020. In that action, the Environmental Protection Agency (EPA) proposed changes to OSWI subcategories and related maximum achievable control technology (MACT) floor redeterminations, applicability-related changes and testing and monitoring flexibilities for certain small OSWI units, among other proposed changes. Based on the EPA's analysis of comments received after proposal and discussions with the state of Alaska and tribes, we are proposing to add a definition for a rudimentary combustion device and are asking for specific comment on this definition. We are also proposing to postpone developing standards for such devices.

Full Text

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<title>Federal Register, Volume 89 Issue 143 (Thursday, July 25, 2024)</title>
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[Federal Register Volume 89, Number 143 (Thursday, July 25, 2024)]
[Proposed Rules]
[Pages 60342-60348]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-16256]

[[Page 60342]]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 60

[EPA-HQ-OAR-2003-0156; FRL-7547-03-OAR]
RIN 2060-AU60

Standards of Performance for New Stationary Sources and Emission
Guidelines for Existing Sources: Other Solid Waste Incineration Units
Revisions to Definitions

AGENCY: Environmental Protection Agency (EPA).

ACTION: Supplemental notice of proposed rulemaking.

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SUMMARY: This action supplements the proposed amendments to the new
source performance standards (NSPS) and emission guidelines (EG) for
the Other Solid Waste Incineration (OSWI) units source category
published in the Federal Register on August 31, 2020. In that action,
the Environmental Protection Agency (EPA) proposed changes to OSWI
subcategories and related maximum achievable control technology (MACT)
floor redeterminations, applicability-related changes and testing and
monitoring flexibilities for certain small OSWI units, among other
proposed changes. Based on the EPA's analysis of comments received
after proposal and discussions with the state of Alaska and tribes, we
are proposing to add a definition for a rudimentary combustion device
and are asking for specific comment on this definition. We are also
proposing to postpone developing standards for such devices.

DATES: Comments must be received on or before September 9, 2024.
Public hearing. If anyone contacts us requesting a public hearing
on or before July 30, 2024, we will hold a virtual hearing. Please
refer to the SUPPLEMENTARY INFORMATION for information on requesting
and registering for a public hearing.

ADDRESSES: You may send comments, identified by Docket ID No. EPA-HQ-
OAR-2003-0156, by any of the following methods:
<bullet> Federal eRulemaking Portal: <a href="https://www.regulations.gov/">https://www.regulations.gov/</a>
(our preferred method). Follow the online instructions for submitting
comments.
<bullet> Email: <a href="/cdn-cgi/l/email-protection#640549050a00491649000b070f0110240114054a030b12">[email&#160;protected]</a>. Include Docket ID No. EPA-
HQ-OAR-2003-0156 in the subject line of the message.
<bullet> Mail: U.S. Environmental Protection Agency, EPA Docket
Center, Docket ID No. EPA-HQ-OAR-2003-0156, Mail Code 28221T, 1200
Pennsylvania Avenue NW, Washington, DC 20460.
<bullet> Hand/Courier Delivery: EPA Docket Center, WJC West
Building, Room 3334, 1301 Constitution Avenue NW, Washington, DC 20004.
The Docket Center's hours of operation are 8:30 a.m.-4:30 p.m., Monday-
Friday (except Federal holidays).
Instructions: All submissions received must include the Docket ID
No. for this rulemaking. Comments received may be posted without change
to <a href="https://www.regulations.gov/">https://www.regulations.gov/</a>, including any personal information
provided. For detailed instructions on sending comments and additional
information on the rulemaking process, see the SUPPLEMENTARY
INFORMATION section of this document.

FOR FURTHER INFORMATION CONTACT: For questions about this proposed
action, contact Ms. 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: <a href="/cdn-cgi/l/email-protection#beddd1cedb90d0d1dbd2fedbcedf90d9d1c8">[email&#160;protected]</a>.

SUPPLEMENTARY INFORMATION:
Participation in virtual public hearing. To request a virtual
public hearing, contact the public hearing team at (888) 372-8699 or by
email at <a href="/cdn-cgi/l/email-protection#4b181b1b0f3b3e29272228232e2a3922252c0b2e3b2a652c243d">[email&#160;protected]</a>. If requested, the hearing will be
held via virtual platform on August 9, 2024. The hearing will convene
at 11:00 a.m. Eastern Time (ET) and will conclude at 3:00 p.m. ET. The
EPA may close a session 15 minutes after the last pre-registered
speaker has testified if there are no additional speakers. The EPA will
announce further details on the virtual public hearing at <a href="https://www.epa.gov/stationary-sources-air-pollution/other-solid-waste-incinerators-oswi-new-source-performance">https://www.epa.gov/stationary-sources-air-pollution/other-solid-waste-incinerators-oswi-new-source-performance</a>.
If a public hearing is requested, the EPA will begin pre-
registering speakers for the hearing no later than 1 business day after
a request has been received. To register to speak at the virtual
hearing, please use the online registration form available at <a href="https://www.epa.gov/stationary-sources-air-pollution/other-solid-waste-incinerators-oswi-new-source-performance">https://www.epa.gov/stationary-sources-air-pollution/other-solid-waste-incinerators-oswi-new-source-performance</a> or contact the publc hearing
team at (888) 372-8699 or by email at <a href="/cdn-cgi/l/email-protection#184b48485c686d7a74717b707d796a71767f587d6879367f776e">[email&#160;protected]</a>. The
last day to pre-register to speak at the hearing will be August 6,
2024. Prior to the hearing, the EPA will post a general agenda for the
hearing that will list pre-registered speakers at: <a href="https://www.epa.gov/stationary-sources-air-pollution/other-solid-waste-incinerators-oswi-new-source-performance">https://www.epa.gov/stationary-sources-air-pollution/other-solid-waste-incinerators-oswi-new-source-performance</a>.
The EPA will make every effort to follow the schedule as closely as
possible on the day of the hearing. However, please plan for the
hearing to run either ahead of schedule or behind schedule.
Each commenter will have 4 minutes to provide oral testimony. The
EPA encourages commenters to provide the EPA with a copy of their oral
testimony electronically (via email) by emailing it to
<a href="/cdn-cgi/l/email-protection#d7b4b8a7b2f9b9b8b2bb97b2a7b6f9b0b8a1">[email&#160;protected]</a>. The EPA also recommends submitting the text of your
oral testimony as written comments to the rulemaking docket.
The EPA may ask clarifying questions during the oral presentations
but will not respond to the presentations at that time. Written
statements and supporting information submitted during the comment
period will be considered with the same weight as oral testimony and
supporting information presented at the public hearing.
Please note that any updates made to any aspect of the hearing will
be posted online at <a href="https://www.epa.gov/stationary-sources-air-pollution/other-solid-waste-incinerators-oswi-new-source-performance">https://www.epa.gov/stationary-sources-air-pollution/other-solid-waste-incinerators-oswi-new-source-performance</a>.
While the EPA expects the hearing to go forward as set forth above,
please monitor our website or contact the public hearing team at (888)
372-8699 or by email at <a href="/cdn-cgi/l/email-protection#b4e7e4e4f0c4c1d6d8ddd7dcd1d5c6dddad3f4d1c4d59ad3dbc2">[email&#160;protected]</a> to determine if there
are any updates. The EPA does not intend to publish a document in the
Federal Register announcing updates.
If you require the services of a translator or a special
accommodation such as audio description, please pre-register for the
hearing team and describe your needs by August 1, 2024. The EPA may not
be able to arrange accommodations without advance notice.
Docket. 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 <a href="https://www.regulations.gov/">https://www.regulations.gov/</a>. 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. With the exception of such material, publicly available docket
materials are available electronically in <a href="https://www.regulations.gov/">https://www.regulations.gov/</a>.

[[Page 60343]]

Instructions. Direct your comments to Docket ID No. EPA-HQ-OAR-
2003-0156. The EPA's policy is that all comments received will be
included in the public docket without change and may be made available
online at <a href="https://www.regulations.gov/">https://www.regulations.gov/</a>, including any personal
information provided, unless the comment includes information claimed
to be CBI, PBI, or other information whose disclosure is restricted by
statute. Do not submit information that you consider to be CBI, PBI, or
otherwise protected through <a href="https://www.regulations.gov/">https://www.regulations.gov/</a> or email. This
type of information should be submitted by mail as discussed below.
The EPA may publish any comment received to its public docket.
Multimedia submissions (audio, video, etc.) must be accompanied by a
written comment. The written comment is considered the official comment
and should include discussion of all points you wish to make. The EPA
will generally not consider comments or comment contents located
outside of the primary submission (i.e., on the Web, cloud, or other
file sharing system). For additional submission methods, the full EPA
public comment policy, information about CBI, PBI, or multimedia
submissions, and general guidance on making effective comments, please
visit <a href="https://www.epa.gov/dockets/commenting-epa-dockets">https://www.epa.gov/dockets/commenting-epa-dockets</a>.
The <a href="https://www.regulations.gov/">https://www.regulations.gov/</a> website allows you to submit your
comment anonymously, which means the EPA will not know your identity or
contact information unless you provide it in the body of your comment.
If you send an email comment directly to the EPA without going through
<a href="https://www.regulations.gov/">https://www.regulations.gov/</a>, your email address will be automatically
captured and included as part of the comment that is placed in the
public docket and made available on the internet. If you submit an
electronic comment, the EPA recommends that you include your name and
other contact information in the body of your comment and with any
digital storage media you submit. If the EPA cannot read your comment
due to technical difficulties and cannot contact you for clarification,
the EPA may not be able to consider your comment. Electronic files
should not include special characters or any form of encryption and be
free of any defects or viruses. For additional information about the
EPA's public docket, visit the EPA Docket Center homepage at <a href="https://www.epa.gov/dockets">https://www.epa.gov/dockets</a>.
Submitting CBI. Do not submit information containing CBI to the EPA
through <a href="https://www.regulations.gov/">https://www.regulations.gov/</a> or email. Clearly mark the part or
all of the information that you claim to be CBI. For CBI information on
any digital storage media that you mail to the EPA, mark the outside of
the digital storage media as CBI and then identify electronically
within the digital storage media the specific information that is
claimed as CBI. In addition to one complete version of the comments
that includes information claimed as CBI, you must submit a copy of the
comments that does not contain the information claimed as CBI directly
to the public docket through the procedures outlined in Instructions
above. If you include other information whose disclosure is restricted
by statute in your comment, clearly mark your submission as including
that information. If you submit any digital storage media that does not
contain CBI, mark the outside of the digital storage media clearly that
it does not contain CBI. Information not marked as CBI will be included
in the public docket and the EPA's electronic public docket without
prior notice. Information marked as CBI will not be disclosed except in
accordance with procedures set forth in 40 Code of Federal Regulations
(CFR) part 2. Information whose disclosure is otherwise restricted by
statute will be processed by the EPA Docket Center in accordance with
the applicable statute. Send or deliver information identified as CBI
only to the following address: OAQPS Document Control Officer (C404-
02), OAQPS, U.S. Environmental Protection Agency, Research Triangle
Park, North Carolina 27711, Attention Docket ID No. EPA-HQ-OAR-2003-
0156. Note that written comments containing CBI and submitted by mail
may be delayed and no hand deliveries will be accepted.
Preamble acronyms and abbreviations. Throughout this preamble the
use of ``we,'' ``us,'' or ``our'' is intended to refer to the EPA. 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:

CAA Clean Air Act
CBI Confidential Business Information
CFR Code of Federal Regulations
CISWI commercial and industrial solid waste incineration
EG emission guidelines
EJ environmental justice
EPA Environmental Protection Agency
FR Federal Register
IWI institutional waste incineration
MACT maximum achievable control technology
MSW municipal solid waste
NACAA National Association of Clean Air Agencies
NSPS new source performance standards
NTAA National Tribal Air Association
NTTAA National Technology Transfer and Advancement Act
OMB Office of Management and Budget
OSWI other solid waste incineration
PRA Paperwork Reduction Act
RFA Regulatory Flexibility Act
SBEAP Small Business Environmental Assistance Program
SSM startup, shutdown, and malfunction
TPD tons per day
UMRA Unfunded Mandates Reform 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?
II. Background
A. What is the regulatory history for this action?
B. What changes did we propose for the OSWI source category in
our August 31, 2020, proposal?
C. What action is the Agency taking in this action?
D. What is the Agency's authority for taking this action?
E. What outreach and engagement did we conduct?
III. Proposed Revisions
IV. Request for Comments
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 and economic impacts?
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 (PRA)
C. Regulatory Flexibility Act (RFA)
D. Unfunded Mandates Reform Act (UMRA)
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

[[Page 60344]]

I. General Information

A. Does this action apply to me?

Categories and entities potentially affected by this supplemental
proposal are those that operate rudimentary combustion devices as
described in section II.C. of this preamble and currently subject to
the OSWI EG and NSPS. OSWI units are not commercial and industrial
solid waste incineration units (CISWI), hazardous waste combustion
units, hospital/medical/infectious waste incinerators, sewage sludge
incinerators, or other incinerators regulated under other provisions of
section 129 of the Clean Air Act (CAA). The NSPS and EG for OSWI,
hereinafter referred to as ``the OSWI standards,'' affect the
categories of sources identified in table 1 of this preamble:

Table 1--Industrial Source Categories Affected by This Proposed Action
----------------------------------------------------------------------------------------------------------------
Examples of potentially
Source category NAICS code \1\ regulated entities
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Any state, local, or tribal government 562213, 92411 Solid waste combustion units
using a very small municipal waste burning municipal solid waste
combustion (VSMWC) unit. (MSW).
Any correctional institutions using an 922, 7213 Correctional institutions.
institutional waste incineration (IWI)
unit.
Any nursing or residential care 623 Any nursing care, residential
facilities using an OSWI unit. intellectual and developmental
disability, residential mental
health and substance abuse, or
assisted living facilities.
Any Federal government agency using an 928, 7121 Department of Defense (labs,
OSWI unit. military bases, munition
facilities) and National Parks.
Any educational institution using an 6111, 6112, 6113 Primary and secondary schools,
OSWI unit. universities, colleges, and
community colleges.
Any church or convent using an OSWI unit 8131 Churches and convents.
Any civic or religious organization 8134 Civic associations and fraternal
using an OSWI unit. associations.
----------------------------------------------------------------------------------------------------------------
\1\ North American Industry Classification System.

This table is not intended to be exhaustive, but rather provides a
guide for readers regarding entities likely to be regulated by this
supplemental proposal. To determine whether your entity is regulated by
this action, you should carefully examine the applicability criteria
found in 40 CFR 60.2885, 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?

A memorandum showing the rule edits that would be necessary to
incorporate the changes to 40 CFR part 60, subparts EEEE and FFFF
proposed in this action is available in the docket (Docket ID No. EPA-
HQ-OAR-2003-0156). Following signature by the EPA Administrator, the
EPA also will post a copy of this document to <a href="https://www.epa.gov/stationary-sources-air-pollution/other-solid-waste-incinerators-oswi-new-source-performance">https://www.epa.gov/stationary-sources-air-pollution/other-solid-waste-incinerators-oswi-new-source-performance</a>.

II. Background

A. What is the regulatory history for this action?

Section 129 of the CAA requires the EPA to develop and adopt NSPS
and EG for solid waste incineration units, in accordance with CAA
sections 129 and 111. Section 129(a) of the CAA requires the EPA to
establish NSPS for new sources, and CAA section 129(b) requires the EPA
to establish procedures for states to submit plans for implementing EG
for existing sources (see CAA sections 111(b) and (d)). The EPA
proposed NSPS and EG for OSWI units on December 9, 2004, and
promulgated them on December 16, 2005 (70 FR 74870), at 40 CFR part 60,
subparts EEEE and FFFF.
Under the 2005 regulations, the term ``OSWI unit'' means either a
very small municipal waste combustion (``VSMWC'') unit or an
institutional waste incinerator (``IWI'') unit. A VSMWC unit is any
municipal waste combustion unit that has the capacity to combust less
than 35 tons per day (TPD) of municipal solid waste (MSW) or refuse-
derived fuel. An IWI unit is any combustion unit that combusts
institutional waste and is a distinct operating unit of the
institutional facility (e.g., university, correctional institutions)
that generated the waste. As required by section 129 of the CAA, the
OSWI NSPS and EG rules set emission standards for nine pollutants:
cadmium, carbon monoxide, dioxins/furans, hydrochloric acid, lead,
mercury, oxides of nitrogen, particulate matter, and sulfur dioxide.
They also establish opacity standards.
CAA section 129(a)(5) requires the EPA to review and, if
appropriate, revise the requirements for solid waste incineration
units. In 2018, the U.S. District Court for the District of Columbia
ordered the EPA to publish a proposed rulemaking by August 31, 2020,
and promulgate a final rule by May 31, 2021, because the EPA had not
reviewed and revised the 2005 OSWI standards as required by law. Sierra
Club v. Wheeler, 330 F. Supp. 3d 407, 413 (D.D.C. 2018).\1\ The EPA
published a proposed rulemaking on August 31, 2020. The EPA proposed
testing and monitoring flexibilities to help rudimentary combustion
devices demonstrate compliance with the rule, but additional
information is needed to address the issues related to these devices.
This supplemental notice of proposed rulemaking proposes additional
amendments to address issues related to certain rudimentary combustion
devices as described in sections II.C. and III. of this preamble.
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\1\ The deadline was extended to June 30, 2025. Sierra Club v.
Wheeler, Civ. No. 16-2461, D. DC, Minute Order filed 11/7/2023.
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B. What changes did we propose for the OSWI source category in our
August 31, 2020, proposal?

On August 31, 2020, the EPA published a proposed rule in the
Federal Register for the OSWI NSPS and EG rules that addressed the
requisite CAA section 129(a)(5) periodic review (85 FR 54178). We
proposed that no new developments in practices, processes, or control
technologies exist for any OSWI units and that it was not necessary to
revise the OSWI standards under CAA section 129(a)(5). In accordance
with the EPA's general authority under CAA section 129(a), we

[[Page 60345]]

proposed: (1) MACT floors for newly proposed small OSWI unit
subcategories; (2) changes to applicability provisions for the EG and
NSPS including removing the term ``collected from'' as used in the
``municipal solid waste'' definition; (3) revised regulatory provisions
related to emissions during periods of startup, shutdown, and
malfunction (SSM); (4) testing and monitoring flexibilities so that
units with rudimentary designs can demonstrate compliance with the
rule; (5) provisions for electronic reporting of certain notices and
reports; (6) revisions to recordkeeping and reporting provisions
consistent with the revised testing and monitoring; (7) changes to
title V permitting requirements; and (8) other technical edits,
clarifications, and revisions intended to improve the understanding of
the rules and improve consistency with other CAA section 129 rules.

C. What action is the Agency taking in this action?

Based on comments received on the proposed rulemaking and
discussions with state and tribal agencies in Alaska regarding
rudimentary combustion devices, we are proposing to add a definition
for a rudimentary combustion device to address the unique issues
associated with them. Comments received on the proposed rulemaking are
discussed in section III. of this preamble. The EPA is proposing to
define a rudimentary combustion device as a combustion device with a
capacity less than or equal to 10 TPD that is designed and constructed
without one or more of the following elements: (1) a stack, chimney, or
pipe designed for the purpose of managing air flow and discharging flue
gases from combustion ; (2) mechanical draft to provide air flow; (3)
burners designed to manage the combustion process; (4) an ancillary
power supply to operate; or (5) supplemental fuel burners or nozzles.
We are also proposing to postpone developing standards for these
devices.

D. What is the Agency's authority for taking this action?

Section 129 of the CAA requires the EPA to establish NSPS and 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.'' This action supplements our 2020 proposal \2\ to
amend the OSWI standards under such authority as discussed in greater
detail in section III. of this preamble. In addition, CAA section
129(a)(5) specifically requires the EPA to review and revise the
standards and the requirements for solid waste incineration units,
including OSWI units, every 5 years.
---------------------------------------------------------------------------

\2\ 85 FR 54178 (Aug. 31, 2020).
---------------------------------------------------------------------------

The EPA has discretion to distinguish among classes, types, and
sizes of incinerator units within a category while setting standards.
CAA section 129(a)(2) provides that standards ``applicable to solid
waste incineration units promulgated under . . . [section 111] and this
section shall reflect the maximum degree of reduction in emissions of .
. . [listed air pollutants] that the Administrator, taking into
consideration the cost of achieving such emission reduction and any
non-air quality health and environmental impacts and energy
requirements, determines is achievable for new and existing units in
each category.''

E. What outreach and engagement did we conduct?

In developing this supplemental proposal, the EPA conducted
outreach activities with communities with environmental justice (EJ)
concerns, states, and tribes. In addition to public comments received
on the 2020 proposal, we obtained feedback from interested parties and
evaluated and weighed the information received as we developed this
supplemental proposal. In June 2020, the EPA conducted four pre-
proposal informational calls for Federally Recognized Tribes, including
an overview presentation during the June 25, 2020, National Tribal Air
Association (NTAA) call. On August 31, 2020, the EPA sent an email
notification to stakeholders announcing that this action had been
published with a 45-day comment period with an opportunity to request a
public hearing. In September 2020, the EPA held several consultation
meetings with tribes, including the Northway Village Tribe, Qagan
Tayagungin Tribe, Louden Tribe, and the Mescalaro Apache Tribe. The EPA
also conducted four informational calls on the OSWI rule in September
2020, including an overview at the Small Business Environmental
Assistance Program (SBEAP) Annual Training, the Alaska Air Workgroup
call, the Tribal Environmental Leaders Summit call. The EPA also
provided an update at the NTAA call. Although a public hearing was not
requested, the EPA continued to seek out additional opportunities for
communities with EJ concerns and other key interested parties to be
informed about potential requirements of this action. Outreach included
a presentation to the SBEAP on June 5, 2023; regular meetings with the
state of Alaska to discuss units that could potentially be subject to
the rule; and a presentation during the National Association of Clean
Air Agencies (NACAA) Permitting and New Source Review Committee meeting
in October 2020.

III. Proposed Revisions

We received numerous comments on the August 31, 2020, proposal and
held discussions with state and tribal agencies in Alaska regarding
rural rudimentary combustion devices and waste management concerns.
Following consideration of the information and comments received, we
are proposing to add a definition for a rudimentary combustion device
to the OSWI rules to address the issues raised by commenters regarding
these units. The issues raised are summarized in this section.
Several commenters stated that burning MSW in simple burn boxes is
a crucial aspect of waste management in rural Alaska. The commenters
noted that according to the state of Alaska Solid Waste Program, 147
rural Alaskan landfills practice some type of waste burning. Of these,
118 depend on small burn units to manage their landfills. The
commenters added that this inexpensive and effective waste management
method helps isolated communities reduce physical waste volume,
maintain safety, and extend the useful life of their landfills. The
commenters stated that removing the Alaska class II/III municipal solid
waste landfill exemption could result in an unfunded mandate and that
it would be nearly impossible for most rural Alaskan communities to
comply with the proposed standard. Commenters noted the costs for
testing, monitoring, recordkeeping and reporting, and controls for
these units would be unaffordable for rural Alaskan communities and
would result in other methods of disposal that would be less
environmentally friendly. Commenters added:
<bullet> Very little funding is available for solid waste
activities. Installing controls, increased operation and maintenance
costs, and required monitoring would be financially impossible for
rural Alaskan communities and their partner organizations. At a
minimum, a new unit capable of meeting the proposed standards would
cost several hundred thousand dollars. According to quotes from
Anchorage-based stack testers, annual testing would cost $80,000-
$100,000 per community.
<bullet> Many communities are likely to abandon their burn units
and return to poorer burning practices, such as open burning of waste
on the ground or barrel

[[Page 60346]]

burning, which would result in poorer air quality and inhalation
exposure to more toxics for the affected areas, and a significant
increase in wildfires caused by sparks or flames escaping the area. On
the ground burning is also a fire issue for which the majority of
villages are ill-prepared due to lack of firefighting equipment. The
resident exposures entailed in extinguishing dump fires are
substantial, involving a significant portion of the population in
fighting the fire with inadequate or no personal protective equipment.
If the number of villages with regular ground burning nearly doubled as
commenters projected, concomitant doubled risk for dump-origin wildland
fires would be expected.
<bullet> Other communities may return to loose filling waste which
would significantly decrease landfill life and increase adverse health
and safety impacts of the landfill. This would cause a significant
setback in rural waste management for Alaska. Rural Alaskan communities
off the road system do not have the option to send their waste to
larger regional landfills. Unburned waste attracts wildlife to rural
Alaskan landfills. Animals such as bears impose an immediate health and
safety risk and the constant prevalence of rabies in the Western
Alaskan fox make it exceedingly important that waste disposal practices
do not attract these possible vectors of human disease.
<bullet> Waste burning is not an alternative to landfill disposal
in rural Alaska. It is an essential aspect of landfill operations
because space for landfill activities is extremely limited and burning
waste reduces the physical volume of waste. Burning waste also aids in
turning MSW into inert substances that are safe to dispose of locally.
Heavy equipment required for traditional landfilling activities is
expensive to purchase and difficult to maintain and use in rural
Alaskan communities due to economic, environmental, and geological
constraints. Burn units allow landfills to use smaller equipment,
reducing operating and maintenance costs. Material required to provide
adequate cover is not available in vast areas of the state. The spongey
tundra that covers most of Western Alaska cannot be used for cover.
Likewise, wetland environments, including tundra, make it exceedingly
difficult to bury large quantities of non-inert waste without
contaminating surface and groundwater sources.
<bullet> If no to little alternate burning is carried out by these
communities the dumpsites are more likely to get out of control, with
residents more likely to experience waste contact exposures when self-
hauling or, as site access and aesthetics incentivize greater storage
of waste in town and around homes, when simply conducting daily life in
town.
Commenters contended that the proposed stack test methods for
Alaska burn boxes would be inapplicable or impractical because:
<bullet> A majority of units do not have a stack,
<bullet> Those with stacks are not capable of properly being tested
as is and would need to be modified resulting in a substantial cost,
<bullet> The proposed OSWI stack testing requirements would
overwhelm existing testing infrastructure and capacity in Alaska. If
all the villages that use burn boxes now were to continue operating
with the exclusion removed (either by retrofit or new OSWI purchase),
120 villages would require 20 total sets of testing and analysis
equipment, and 35 to 40 personnel (i.e., 3-4 person teams could each
test only twice per month). This demand would well exceed the current
capacity of qualified Alaska companies. Testing equipment must be
freighted from far off locations resulting in substantial cost. Field
testing logistics would result in substantial cost such as travel
costs, and testing could only be performed with favorable wind
conditions, resulting in delaying and extending testing,
<bullet> The proposed test methods and sample numbers were not
designed for this type of unit. The method assumes that the unit is
operating for a minimum of 1 hour. However, there is no ignition and
temperature control. Once the unit is lit, the batch burns. Regardless
of the heterogeneity of the MSW, the average emissions and temperature
vary substantially from load to load depending on how it is lit and how
the load is placed. Because the test methods are inapplicable, a
separate testing procedure would have to be developed by the testing
company and approved by the EPA--for each burnbox type and field
condition.
<bullet> Operating a retrofitted or newly purchased incinerator
capable of passing a stack test would add additional costs each year
thereafter, regardless of whether it is a testing year.
A commenter added that the definition of OSWI is inapplicable to
burnboxes, which are dissimilar in multiple ways, as follows:
<bullet> Burnboxes are absent a waste feed system, flue gas system,
heat recovery and bottom ash system.
<bullet> Burnboxes contain only a single chamber. There is no flue
gas ``system.'' Burnboxes operate with natural venting.
<bullet> Burnboxes lack a bottom ash system or equipment that
transfers the ash. A shovel is used for ash or it is tipped out and
deposited there. There is no final disposal.
Following consideration of the comments received and discussions
with state and tribal agencies, we are proposing to add a definition
for rudimentary combustion device. The state of Alaska and
communications with tribal representatives have provided us with
additional information on the types of units used in rural communities
spread across Alaska, many of which are located within Native American
villages, and have small populations that have extremely limited
financial resources. This information is available in the docket. We
agree with commenters that many of these communities have limited road
access to haul waste to a larger community for burning or landfilling.
As a result, local waste disposal is the only option available. The
rudimentary combustion devices used in these villages are often
primitive in nature; often not commercially constructed or engineered;
and have capacities less than 10 TPD. Because villages are likely to
abandon their burn units and return to poorer burning practices, such
as open burning of waste on the ground, if required to comply with the
August 31, 2020, OSWI proposed rule, the EPA has determined that the
affected areas would experience poorer air quality and a significant
increase in risk of wildfires caused by sparks or flames escaping
burning areas. We also agree with the commenters that some communities
might return to loose-filling waste, which would significantly decrease
landfill life and increase adverse health and safety impacts of the
landfill. We agree these results would cause a significant setback in
rural waste management for Alaska. We consider this a negative outcome
of regulating these rudimentary combustion devices under the OSWI rules
and are taking into consideration their unique situation for the final
rulemaking.
We reviewed incinerator information submitted in comment letters
and in communications with tribal leaders and the state of Alaska to
determine the characteristics of these units. As a result, we are
proposing to define ``rudimentary combustion device'' as a combustion
device with capacity less than or equal to 10 TPD that is designed and
constructed without one or more of the following elements: (1) a stack,
chimney, or pipe designed for the purpose of managing air flow and
discharging flue gases from

[[Page 60347]]

combustion; \3\ (2) mechanical draft to provide airflow; (3) burners
designed to manage the combustion process; (4) an ancillary power
supply to operate; or (5) supplemental fuel burners or nozzles. These
elements may also apply to small incineration units in the contiguous
United States, particularly in rural areas. Because rudimentary
combustion devices lack one or more of these elements, the emissions
information, limits, and controls developed for the proposed OSWI rule
would not be appropriate for them. Consequently, we are also proposing
to postpone regulating rudimentary combustion devices. The EPA will
undertake a separate rulemaking specific to these units.
---------------------------------------------------------------------------

\3\ Under this element, the source does not have an exhaust
stack.
---------------------------------------------------------------------------

IV. Request for Comments

We are not opening comment on aspects of the 2020 proposal (85 FR
54178) that have not changed and are not addressed in this supplemental
proposal. Those comments will be addressed in the EPA's Response to
Comments document and in the final rule preamble for the OSWI source
category.
We do however solicit comments on this supplemental proposed
action. In addition to general comments on this supplemental proposed
action, the EPA is interested in additional data to refine the
definition of ``rudimentary combustion device,'' including additional
parameters that should be considered, capacity (tpd) and location of
specific units, the number of devices per rural community, the five
design elements, and any emissions test information available for them.
We are also requesting information on the number of individuals in
rural communities that use a rudimentary combustion device.
Additionally, we request comments on the rudimentary combustion device
definition, including the proposed capacity threshold of less than or
equal to 10 tpd for a rudimentary combustion device, and, more
specifically, whether a smaller capacity threshold of less than 10 tpd
would adequately capture these rudimentary combustion devices. We would
also like to hear from the public, including states, tribes, and local
governments, if this proposed definition, including the amount of waste
being burned in rudimentary combustion devices, presents regulatory
issues or unintended consequences.
In the 2020 OSWI proposal, the EPA proposed to remove the
definition of the term ``collected from'' as used in, and limiting the
definition of, ``municipal solid waste'' in order to place focus on the
source and type or nature of the waste, rather than the manner in which
it is ``collected'' (85 FR 54186-87). The Agency did not receive any
adverse comments. In light of the proposed change in this supplemental
proposal, to add a definition of rudimentary combustion device, and
this proposed change in the 2020 OSWI proposal to modify the definition
of ``municipal solid waste,'' we are also soliciting comment on
removing ``collected from'' from the ``municipal solid waste''
definition.

V. Summary of Cost, Environmental, and Economic Impacts

A. What are the affected facilities?

We do not believe that we have complete information on the number
of rudimentary combustion devices. We estimate that the OSWI database
developed for the August 31, 2020, proposal includes at least 130
facilities with 143 units that may be rudimentary combustion devices.
Through contacts with Alaskan state officials and tribal leaders, we
have learned that there may be an additional 200 to 400 incinerators
that could be classified as rudimentary combustion devices in Alaska.
Due to their limited capacities, we believe that rudimentary combustion
devices may be regulated by local governments through zoning or other
ordinances.

B. What are the air quality impacts?

There are no air quality impacts associated with this supplemental
proposal. The proposed addition of the rudimentary combustion device
definition does not have an effect on the stringency of the standards
in 40 CFR part 60, subparts EEEE or FFFF.

C. What are the cost and economic impacts?

There are no cost or economic impacts associated with this
supplemental proposal. The proposed addition of the rudimentary
combustion device definition does not have an effect on the stringency
of the standards in 40 CFR part 60, subparts EEEE or FFFF.

VI. Statutory and Executive Order Reviews

Additional information about these statutes and Executive Orders
can be found at <a href="https://www.epa.gov/laws-regulations/laws-and-executive-orders">https://www.epa.gov/laws-regulations/laws-and-executive-orders</a>.

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
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 (PRA)

This supplemental proposal does not impose an information
collection burden under the PRA. There are no information collection
request activities associated with this action.

C. Regulatory Flexibility Act (RFA)

I certify that this action will not have a significant economic
impact on a substantial number of small entities under the RFA. The
small entities that may be subject to the requirements of this action
are small businesses, small government jurisdictions, and small
nonprofits that operate rudimentary combustion devices currently
subject to the OSWI EG and NSPS. This supplemental proposal defines
rudimentary combustion device and proposes to postpone developing
standards for devices owned by small entities that meet the definition
of rudimentary combustion device. We have therefore concluded that this
action will have no regulatory burden for all directly regulated small
entities.

D. Unfunded Mandates Reform Act (UMRA)

This supplemental proposal does not contain an unfunded mandate of
$100 million or more as described in the 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 supplemental proposal 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 supplemental proposal has Tribal implications. However, it
will neither impose substantial direct compliance costs on federally
recognized Tribal governments, nor preempt Tribal law. This action

[[Page 60348]]

proposes to provide regulatory relief to units that meet the definition
of rudimentary combustion device.
The EPA consulted with Tribal officials under the EPA Policy on
Consultation and Coordination with Indian Tribes early in the process
of developing this supplemental proposal to have meaningful and timely
input into its development. A summary of that consultation is provided
in section II.E. of this preamble.

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

The EPA interprets Executive Order 13045 as applying only to those
regulatory actions that concern environmental health or safety risks
that the EPA has reason to believe may disproportionately affect
children, per the definition of ``covered regulatory action'' in
section 2-202 of the Executive Order.
Therefore, this supplemental proposal is not subject to Executive
Order 13045 because it does not concern an environmental health risk or
safety risk. Since this action does not concern human health, the EPA's
Policy on Children's Health also does not apply.

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

This supplemental proposal is not a ``significant energy action''
because it is not likely to have a significant adverse effect on the
supply, distribution or use of energy. Further, we have concluded that
this supplemental proposal is not likely to have adverse energy effects
because this supplemental proposal does not involve energy supply,
distribution, or use of energy.

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

This supplemental proposal 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 it is not practicable to assess whether the
human health or environmental conditions that exist prior to this
supplemental proposal result in disproportionate and adverse effects on
communities with environmental justice concerns. The EPA is not aware
of the number of incineration units that will meet the definition of
rudimentary combustion device. Therefore, the EPA is unable to fully
evaluate a potential baseline for environmental justice concerns.
The EPA identified and addressed environmental justice concerns by
conducting outreach activities with communities with environmental
justice concerns, states, and tribes.
The information supporting this Executive Order review is contained
in section II.E. of this preamble.

List of Subjects in 40 CFR Part 60

Environmental protection, Administrative practice and procedures,
Air pollution control, Hazardous substances, Incorporation by
reference, Intergovernmental relations, Reporting and recordkeeping
requirements.

Michael S. Regan,
Administrator.
[FR Doc. 2024-16256 Filed 7-24-24; 8:45 am]
BILLING CODE 6560-50-P

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