[Federal Register Volume 86, Number 171 (Wednesday, September 8, 2021)]
[Proposed Rules]
[Pages 50296-50303]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-19390]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 60 and 63
[EPA-HQ-OAR-2021-0382; FRL-7547-01-OAR]
RIN 2060-AV37
Potential Future Regulation Addressing Pyrolysis and Gasification
Units
AGENCY: Environmental Protection Agency (EPA).
ACTION: Advance notice of proposed rulemaking.
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SUMMARY: The U.S. Environmental Protection Agency (EPA) is soliciting
information and requesting comments to assist in the potential
development of regulations for pyrolysis and gasification units that
are used to convert solid or semi-solid feedstocks, including solid
waste (e.g., municipal solid waste, commercial and industrial waste,
hospital/medical/infectious waste, sewage sludge, other solid waste),
biomass, plastics, tires, and organic contaminants in soils and oily
sludges to useful products such as energy, fuels and chemical
commodities. Pyrolysis and gasification are often described as heat
induced thermal decomposition processes. Through recent requests for
applicability determinations, it appears that pyrolysis and
gasification processes are more widely being used to convert waste into
useful products or energy.
DATES: Comments. Comments must be received on or before November 8,
2021.
ADDRESSES: You may send comments, identified by Docket ID No. EPA-HQ-
OAR-2021-0382, by any of the following methods:
Federal eRulemaking Portal: https://www.regulations.gov/
(our preferred method). Follow the online instructions for submitting
comments.
Email: [email protected]. Include Docket ID No. EPA-
HQ-OAR-2021-0382 in the subject line of the message.
Fax: (202) 566-9744. Attention Docket ID No. EPA-HQ-OAR-
2021-0382.
Mail: U.S. Environmental Protection Agency, EPA Docket
Center, Docket ID No. EPA-HQ-OAR-2021-0382, Mail Code 28221T, 1200
Pennsylvania Avenue NW, Washington, DC 20460.
Hand Delivery or Courier (by scheduled appointment only):
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. EPA-HQ-OAR-2021-0382 for this rulemaking. Comments received may be
posted without change to https://www.regulations.gov/, 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. Out of an abundance
of caution for members of the public and EPA staff, the EPA Docket
Center and Reading Room are closed to the public, with limited
exceptions, to reduce the risk of transmitting COVID-19. The EPA's
Docket Center staff will continue to provide remote customer service
via email, phone, and webform. The Agency encourages the public to
submit comments via https://www.regulations.gov/ or email, as there may
be a delay in processing mail and faxes. Hand deliveries and couriers
may be received by scheduled appointment only. For further information
on EPA Docket Center services and the current status, please visit us
online at https://www.epa.gov/dockets.
FOR FURTHER INFORMATION CONTACT: For questions about this action,
contact Nabanita Modak Fischer, Fuels and Incineration Group, Sector
Policies and Programs Division (E143-05), Environmental Protection
Agency, Research Triangle Park, North Carolina 27711; telephone number:
(919) 541-5572; fax number: (919) 541-3470; email address:
[email protected].
SUPPLEMENTARY INFORMATION:
Docket. The EPA has a docket for this notice and the future listing
action under Docket ID No. EPA-HQ-OAR-2021-0382. All documents in the
docket are listed in Regulations.gov. Although listed, some information
is not publicly available, e.g., Confidential Business Information
(CBI) or other information whose disclosure is restricted by statute.
[[Page 50297]]
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 Regulations.gov.
Instructions. Direct your comments to Docket ID No. EPA-HQ-OAR-
2021-0382. 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 https://www.regulations.gov/, including any personal
information provided, unless the comment includes information claimed
to be CBI or other information whose disclosure is restricted by
statute. Do not submit electronically any information that you consider
to be CBI or other information whose disclosure is restricted by
statute. 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 or multimedia submissions,
and general guidance on making effective comments, please visit https://www.epa.gov/dockets/commenting-epa-dockets.
The https://www.regulations.gov/ 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
https://www.regulations.gov/, 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
should be free of any defects or viruses. For additional information
about the EPA's public docket, visit the EPA Docket Center homepage at
https://www.epa.gov/dockets.
The EPA has temporarily suspended its Docket Center and Reading
Room for public visitors, with limited exceptions, to reduce the risk
of transmitting COVID-19. The Docket Center staff will continue to
provide remote customer service via email, phone, and webform. The
Agency encourages the public to submit comments via https://www.regulations.gov/ as there may be a delay in processing mail and
faxes. Hand deliveries or couriers will be received by scheduled
appointment only. For further information and updates on EPA Docket
Center services, please visit us online at https://www.epa.gov/dockets.
The EPA continues to carefully and continuously monitor information
from the Centers for Disease Control and Prevention, local area health
departments, and our Federal partners so that the Agency can respond
rapidly as conditions change regarding COVID-19.
Submitting CBI. Do not submit information containing CBI to the EPA
through https://www.regulations.gov/ 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 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. 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-2021-0382. Note that
written comments containing CBI and submitted by mail may be delayed
and no hand deliveries will be accepted.
Preamble acronyms and abbreviations. The EPA uses 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:
ANPRM advance notice of proposed rulemaking
CAA Clean Air Act
CBI Confidential Business Information
CFR Code of Federal Regulations
CISWI commercial and industrial solid waste incineration
[deg]C degrees Celsius
EG Emission Guidelines
EPA U.S. Environmental Protection Agency
FR Federal Register
HAP hazardous air pollutant
HMIWI hospital, medical, and infectious waste incinerator
MACT maximum achievable control technology
MSW municipal solid waste
MWC municipal waste combustor
NAICS North American Industry Classification System
NSPS New Source Performance Standards
OAQPS Office of Air Quality Planning and Standards
OMB Office of Management and Budget
OSWI other solid waste incineration
PAH polycyclic aromatic hydrocarbon
SSI sewage sludge incineration
Organization of This Document
The information in this preamble is organized as follows:
I. General Information
A. What is the purpose of this ANPRM?
B. Does this action apply to me?
C. Where can I get a copy of this document and other related
information?
II. Background
A. What are pyrolysis and gasification units?
B. What is the regulatory background for pyrolysis and
gasification units?
III. Small Business Considerations
IV. Request for Data and Comments
V. Statutory and Executive Order Reviews
I. General Information
A. What is the purpose of this ANPRM?
The Agency is seeking comments and data to assist in the
consideration of potential changes to existing regulations under Clean
Air Act (CAA) section 129 or the development of regulations pertaining
to pyrolysis and gasification units that are used to convert solid and
semi-solid feedstocks, including solid waste (e.g., municipal solid
waste (MSW), commercial and industrial waste, hospital/medical/
infectious waste, sewage sludge, other solid
[[Page 50298]]
waste), biomass, plastics,\1\ tires, and organic contaminants in soils
and oily sludges to useful products such as energy, fuels and chemical
commodities.\2\ As a result of recent market trends, especially with
respect to plastics recycling, the EPA has received several inquiries
about regulations under CAA section 129 for solid waste incineration
units and the applicability of such regulations to pyrolysis and
gasification units for a variety of process and feedstock types. Based
on these requests and the differences in language pertaining to
pyrolysis among the CAA section 129 rules,\3\ the Agency believes that
there is considerable confusion in the regulated community regarding
the applicability of CAA section 129 to pyrolysis and gasification
units. On August 31, 2020, the EPA proposed various revisions to
section 129 regulations for ``other solid waste incineration units''
(OSWI), including a proposal to revise the definition of ``municipal
waste combustion (MWC) unit'' to remove the reference to ``pyrolysis/
combustion units'' (85 FR 54178). In the proposal, the EPA indicated
that pyrolysis units do not involve the combustion of solid waste but
may combust uncontained gases and that the OSWI rule should not apply
to such units (85 FR at 54187). The EPA received significant comments
on the proposal regarding the removal of the reference to ``pyrolysis/
combustion units.'' In light of these comments and what appear to be
on-going questions about the regulation of pyrolysis and gasification
units, the EPA has determined that issuance of this ANPRM is an
efficient mean for gaining a comprehensive understanding of these units
to aid in potential development of future regulations or changes to
existing CAA section 129 regulations pertaining to pyrolysis and
gasification units. An ANPRM provides an opportunity for the EPA to
gather information on the design, types, and sizes of pyrolysis and
gasification units, as well as to identify other issues for
consideration, including appropriate categorization of pyrolysis and
gasification units. The EPA expects that this notice will allow a large
and diverse group of stakeholders, including potentially impacted
facilities, small businesses, and state, local, and tribal governments,
to participate in the data and information gathering process. Based on
data and information received through this ANPRM and other forms of
information collection requests, the Agency will evaluate how best to
address the pyrolysis and gasification units.
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\1\ Pyrolysis and gasification units may be used to process
plastics, whether ``virgin'' or recyclable or recycled. Note that
under CAA section 129(g)(5), for example, ``municipal waste'' may
consist of various materials, including ``plastics,'' and the
definition does not distinguish between non-recycled or recycled
plastics. Some states or municipalities may not regard plastics in
the recycling stream as waste, but for our purposes, here, the
Agency is interested in information and comments relating to
pyrolysis and gasification units that may use plastics as feedstock,
whether or not the plastics are recycled or recyclable.
\2\ The EPA has observed that not all pyrolysis or gasification
processes produce a seemingly useful product or energy used for
purposes other than drying incoming materials for destruction. These
processes usually combust the resultant syngas or gaseous products
from pyrolysis. The Agency is collecting information and comments on
the full spectrum of gasification and pyrolysis units, regardless of
the outputs.
\3\ CAA section 129 requires development of maximum achievable
control technology (MACT) standards for several categories of waste
incineration sources for nine pollutants. The MACT regulations for
sources that are not waste incineration sources are developed under
the authority and requirements of section 112 of the CAA.
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B. Does this action apply to me?
Entities that may be interested in this ANPRM or potentially may be
affected by the EPA's evaluation of the information and comments
received include, especially, owners and operators of pyrolysis and
gasification units that are used to convert solid or semi-solid
feedstocks, including solid waste (e.g., municipal solid waste,
commercial and industrial waste, hospital/medical/infectious waste,
sewage sludge, other solid waste), biomass, plastics, tires, and
organic contaminants in soils and oily sludges to useful products such
as energy, fuels, and chemical commodities. The categories and entities
may include, but are not limited to, municipal waste combustor (MWC)
units as defined in 40 CFR 60.32b, 40 CFR 60.51a, 40 CFR 60.51b, 40 CFR
60.1465, and 40 CFR 60.1940, commercial and industrial solid waste
incineration (CISWI) units as defined in and 40 CFR 60.2265 and 40 CFR
60.2875, OSWI units as defined in 40 CFR 60.2977 and 40 CFR 60.3078;
units excluded from the hospital, medical, and infectious waste
incinerator (HMIWI) standards pursuant to 40 CFR 60.32e(f) and 40 CFR
60.50c(f); non-combustion units, such as thermal desorption units that
process solid waste under pyrolytic conditions to recover oil or other
marketable products; and other solid or semi-solid material thermal
processing units that are currently undefined under CAA regulations.
Table 1 of this preamble lists the entities that are regulated by the
current MWC, CISWI, OSWI, sewage sludge incineration (SSI), and HMIWI
standards that the EPA believes may be operating or could potentially
own or operate a pyrolysis or gasification unit.
Table 1--Source Categories Interested in This Action
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Examples of
Source category NAICS code \1\ potentially regulated
entities
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Any state, local, or tribal 562213, 92411.... Solid waste
government or commercial combustion units
owner/operators using a MWC disposing of
unit. municipal solid
waste (MSW).
Any federal government agency 928, 7121........ Department of Defense
using a pyrolysis or (labs, military
gasification unit. bases, munition
facilities) and
National Parks.
Any educational institution 6111, 6112, 6113. Primary and secondary
using a pyrolysis or schools,
gasification unit. universities,
colleges, and
community colleges.
Any industrial or commercial 114, 211, 212, Oil and gas
facility using a pyrolysis or 221, 321, 322, exploration
gasification unit. 325, 326, 327, operations; mining;
337, 486. pipeline operators;
utility providers;
manufacturers of
wood products;
manufacturers of
pulp, paper, and
paperboard;
manufacturers of
furniture and
related products;
manufacturers of
chemicals and allied
products,
manufacturers of
plastics and rubber
products;
manufacturers of
cement; nonmetallic
mineral product
manufacturing;
fishing operations.
Industry...................... 622110, 622310, Private hospitals,
562213, 611310. other health care
facilities,
commercial research
laboratories,
commercial waste
disposal companies,
private
universities.
[[Page 50299]]
Federal Government............ 622110, 541710, Federal hospitals,
928110. other health care
facilities, public
health service,
armed services.
State/local/tribal Government. 622110, 562213, State/local
611310. hospitals, other
health care
facilities, state/
local waste disposal
services, state
universities.
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\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 interested in this
ANPRM and the EPA's evaluation of information or comments received in
response. If you have any questions regarding whether the EPA is
seeking input regarding a particular pyrolysis or gasification unit,
contact the person listed in the preceding FOR FURTHER INFORMATION
CONTACT section.
C. 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 notice is available on the internet. Following signature by the
EPA Administrator, the EPA will post a copy of this notice at https://www.epa.gov/stationary-sources-air-pollution/clean-air-act-guidelines-and-standards-waste-management. Following publication in the Federal
Register, the EPA will post the Federal Register version of this
document and key technical documents at this same website.
II. Background
A. What are pyrolysis and gasification units?
The CAA does not define pyrolysis or gasification. The EPA has
treated pyrolysis and gasification differently under some CAA section
129 rules. These rules apply to various categories of solid waste
incineration units (see discussion in section II.B of this preamble).
Different types of pyrolysis and gasification units may be operating
and used for different purposes or under different circumstances in the
United States today. Pyrolysis units have been used for decades in the
production of olefins such as ethylene and propylene, and similarly,
gasification units have been used for many years in the production of
fuel gas from coal. However, over the past few years, there has been an
increase in interest using pyrolysis or gasification units to convert
different solid materials, such as agricultural wastes and plastics,
into gaseous or liquid fuels or substances or materials to be used in
the manufacture of products. Pyrolysis and gasification processes have
been touted as potential methods to generate a ``circular economy'' \4\
around plastics use, where a post-consumer plastic product can be
recycled to produce a plastic of equal or similar quality again instead
of being disposed of or ``downcycled'' to lesser quality products.\5\
Pyrolysis and gasification technologies have been used to convert solid
and semi-solid materials, including solid waste (e.g., municipal solid
waste, commercial and industrial waste, hospital/medical/infectious
waste, sewage sludge, other solid waste), biomass, plastics, tires, and
organic contaminants in soils and oily sludges to useful products such
as energy, fuels and chemical commodities. Pyrolysis and gasification
may have also been used simply to dispose of or reduce or decompose
solid wastes. The products of pyrolysis or gasification vary based on
whether the reaction is pyrolysis or gasification, the feedstock used,
and the operating conditions of the reaction. In varying quantities and
compositions, the products of pyrolysis and gasification are a mixture
of: Syngas (primarily in gasification, which produces a gaseous mixture
of carbon monoxide and hydrogen, with smaller quantities of methane,
carbon dioxide, water, and other low-molecular-weight volatile
organics); liquids (typically oils or waxes of various kinds); char (a
solid residue also sometimes called biochar or coke containing fixed
carbon and ash); and any metals or minerals that might have been
components of the feedstock. In general, these products are used to
create other products or are burned to generate energy (e.g., syngas
can be converted into heat, power, fuels, or chemical products, or used
in fuel cells). In the United States, with a few exceptions, facilities
currently using these pyrolysis and gasification technologies for these
purposes are most often operating in a demonstration mode and do not
have waste contracts and/or energy or product contracts in place that
would indicate a full-scale commercial operation. Because most
facilities are currently only demonstration or pilot-scale plants, they
are likely operating in batch-test rather than in a continuous-mode
that would be typical of commercial plants.
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\4\ Circular economy is an emerging term based on, in part, the
concept of eliminating waste and the continual use of resources. In
this notice, this term applies to recycling post-consumer plastic
materials into the basic chemical building blocks for producing
another plastic item of similar or the same quality and value.
\5\ Downcycling is defined as recycling something in such a way
that the resulting product is of a lower value than the original
item (Merriam-Webster).
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1. Pyrolysis Units
Pyrolysis is a process where materials are thermally decomposed or
rearranged under process conditions where extremely little to no oxygen
is present. Pyrolysis, which is also known as devolatilization, is an
endothermic process \6\ that produces 75-90 percent volatile materials
in the form of gaseous and liquid hydrocarbons.\7\ Remaining non-
volatile materials with high carbon content form a product called
char.\8\ Pyrolysis relies on intensive heat energy and does not require
the presence of oxygen. Pyrolysis units may be used to ``crack'' or
chemically decompose organic materials. Pyrolysis technology vendors
use different variations of, and names for, pyrolysis units, including:
\9\ (1) Thermal pyrolysis/cracking where feedstock is heated at high
temperatures (350-900 degrees Celsius ([deg]C)) in the absence of a
catalyst; (2) catalytic pyrolysis/cracking where the feedstock is
processed using a catalyst; and (3) hydrocracking (sometimes referred
to as ``hydrogenation'') where the feedstock is reacted with hydrogen
and a catalyst under moderate temperatures and pressures (e.g., 150-400
[deg]C and 30-100 bar hydrogen). Regardless of the process category,
through application of heat, pyrolysis disintegrates the long
[[Page 50300]]
hydrocarbon bonds of the incoming feed materials and may generate tars,
oils, particulate matter, reduced sulfur and nitrogen compounds, and
hazardous air pollutants (HAPs) including polycyclic aromatic
hydrocarbons (PAHs).
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\6\ Endothermic is a process where heat is absorbed by a
chemical reaction, thus resulting in decreased temperature.
\7\ Benchmarking Biomass Gasification Technologies for Fuels,
Chemicals and Hydrogen Production, Prepared for U.S. Department of
Energy, National Energy for Technology Laboratory, by Jared P.
Ciferno and John J. Marano, 2002.
\8\ Ibid.
\9\ State of Practice for Emerging Waste Conversion
Technologies. Prepared for U.S. Environmental Protection Agency,
Office of Research and Development. EPA 600/R-12/705. October 2012.
https://cfpub.epa.gov/si/si_public_record_report.cfm?Lab=NRMRL&dirEntryId=305250.
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2. Gasification Units
Gasification is a process of converting feed materials (primarily
carbonaceous) into syngas (carbon monoxide and hydrogen) and carbon
dioxide. The materials are gasified when they react with controlled
amounts of oxygen or steam at high temperatures (greater than 700
[deg]C). Oxygen (as air, concentrated oxygen, or steam) is added in
small amounts to maintain a reducing (i.e., oxidation or combustion-
preventing) atmosphere, where the quantity of oxygen available is less
than the stoichiometric ratio (i.e., amount needed for complete
combustion of the feed material). The process of gasification has
endothermic and exothermic \10\ phases, but overall is an exothermic
process and requires an external heat source, such as syngas
combustion, char combustion, or steam. Gasifiers have a wide variety of
types and designs, but there are four major classifications: (1)
Updraft fixed bed gasifier, (2) downdraft fixed bed gasifier, (3)
bubbling fluidized bed gasifier, and (4) circulating fluidized bed
gasifier.\11\ In updraft gasifiers, which are the oldest designs, feed
materials enter from the top of the gasifier and oxygen and/or steam
are injected at the bottom; this is referred to as counterflow
gasification. Updraft gasification can reach temperatures above 1,200
[deg]C. Downdraft gasifiers generally are configured like updraft
gasifiers, but rely on co-current flow, and feed materials and
reactants (oxygen and steam) flow in the same direction within the
reactor.\12\ Like updraft gasification, downdraft gasification can
reach high temperatures. Bubbling fluidized bed gasifiers mainly are
used to convert materials to syngas. These units typically contain a
bed made with inert particles of sand or alumina interspersed with
several air or steam nozzles on the reactor floor. Oxygen and/or steam
are injected through the nozzles into the bed and create bubbles as
they move through the feed materials, leading to more uniform heat
distribution throughout the reactor and a higher conversion rate from
feed materials to syngas.\13\ Circulating fluidized bed gasifiers are
in many ways very similar to bubbling fluidized bed gasifiers but are
capable of higher gas velocities and throughput by capturing and
recirculating the bed medium. These gasifiers may lead to faster
reaction and a higher conversion rate.
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\10\ Exothermic is a process where heat is produced by a
chemical reaction, thus resulting in elevated temperature.
\11\ Benchmarking Biomass Gasification Technologies for Fuels,
Chemicals and Hydrogen Production, Prepared for U.S. Department of
Energy, National Energy for Technology Laboratory, by Jared P.
Ciferno and John J. Marano, 2002.
\12\ Ibid.
\13\ Ibid.
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Syngas, the primary product of gasification, is a fuel and can be
burned in boilers, gas engines, or turbines. It can also be used as a
chemical feedstock to produce other, more complex chemicals or
hydrocarbon fuels. Often, a gasification agent such as steam is added
to enhance the fuel value of syngas because steam reacts with carbon
monoxide to produce additional hydrogen. Hydrogen may be used as a
feedstock or used in fuel cells or hydrogen turbines. Additionally,
gasification facilities may use a process, knowns as the Fischer-
Tropsch process, where syngas converts, in the presence of metal
catalysts at 150-300 [deg]C and high pressures, into liquid hydrocarbon
fuel.
B. What is the regulatory background for pyrolysis and gasification
units?
As noted previously, there is some difference in the treatment of
pyrolysis units among the EPA's existing CAA section 129 rules. CAA
section 129 relates to standards for various categories of solid waste
incineration units. Some of the EPA's CAA section 129 rules do not
mention pyrolysis or gasification at all, while others contain specific
language applicable to certain types of units or processes. The rules
for MWC, for example, generally define municipal waste combustion units
(or municipal waste combustor units) to include ``pyrolysis/combustion
units'' (see, e.g., 40 CFR 60.51a; 40 CFR 60.1465) but exempt such
units that are integrated parts of a ``plastics/rubber recycling unit''
under certain circumstances. (see, e.g., 40 CFR 60.50a(k); 40 CFR
60.1020(h)). With some difference in language, these rules essentially
define ``pyrolysis/combustion units'' as units that produce gases,
liquids, or solids through the heating of MSW, and the gases, liquids,
or solids produced are combusted and emissions vented to the atmosphere
(see, e.g., 40 CFR 60.51a and 60.1465).
The HMIWI rules, by contrast, define pyrolysis to mean the
endothermic gasification of hospital waste and/or medical/infectious
waste using external energy (see, e.g., 40 CFR 60.51c) and provide that
pyrolysis units are not subject to the HMIWI rules (see, e.g., 40 CFR
60.50c(f)). The EPA discussed pyrolysis in a June 20, 1996, proposal
relating to the HMIWI standards (61 FR 31736). In the September 15,
1997, final rule (62 FR 48348), the EPA deferred development of
standards for pyrolysis units and determined that the HMIWI standards
were not appropriate for pyrolysis units. In discussing pyrolysis, the
EPA stated, ``Pyrolysis technology is different from conventional
incineration. Because air is generally not used in the pyrolysis
treatment process, the volume of exhaust gas produced from pyrolysis
treatment is likely to be far less than the volume of gas produced from
the burning of waste in an HMIWI. Although conventional combustion does
not occur during pyrolysis treatment, there are some emissions from the
pyrolysis process. (62 FR 48358).'' The EPA also noted difficulties
with attempting to modify the HMIWI regulations to apply to pyrolysis
units; asserted that sufficient information was not available ``to
develop a separate and uniform regulation for pyrolysis;'' and noted
that ``EPA may consider these devices in future regulatory
development'' Id. at 48359.
The Agency also notes that there is no definition of ``pyrolysis/
combustion units'' in the NSPS and EG for CISWI units and SSI units,
and no definition of gasification units in any of the NSPS and EG
discussed in this section.
The current rules for OSWI units define ``municipal waste
combustion unit'' to include ``pyrolysis/combustion units'' (without
defining ``pyrolysis/combustion'' units (see, e.g., 40 CFR 60.2977). On
August 31, 2020, the EPA published a proposed rule in the Federal
Register for the OSWI standards that, in part, proposed to remove
``pyrolysis/combustion units'' from the definition of ``municipal waste
combustion unit.'' In that proposal preamble, the EPA stated that the
term ``pyrolysis/combustion units'' is not defined in the current
regulation and there is no similar specific reference to such units in
the institutional waste incineration unit definition (85 FR 54178,
54187). The Agency also noted that the definition of ``solid waste'' in
the OSWI rules included ``contained gaseous material'' (defined as
gases that are in a container when that container is combusted)
resulting from certain activities and asserted that the combustion of
uncontained gases in pyrolysis/combustion units is inconsistent with
such definition. Id. The EPA also added that ``unlike combustion, the
pyrolysis process is endothermic and does not require the
[[Page 50301]]
addition of oxygen (i.e., the partial pressure of oxygen during a
pyrolysis process is maintained close to zero). Based on this
understanding, the Agency recognizes that the pyrolysis process, by
itself, is not combustion'' Id. The EPA received adverse comment \14\
on the proposed change to the definition of ``municipal waste
combustion unit'' on the basis that pyrolysis should be considered
solid waste combustion and regulated under the OSWI rule. In addition,
the Agency received a comment that the OSWI category should also cover
other combustion technologies not already regulated as municipal waste
combustors, medical waste incinerators, or commercial and industrial
solid waste incinerators under sections 111 and 129 of the CAA, such as
pyrolysis and gasification technologies.
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\14\ All comment letters associated with the August 31, 2020,
proposal are contained in Docket ID No. EPA-HQ-OAR-2003-0156. For a
complete history of the OSWI rule, refer to section I.B of the
August 31, 2020, proposal preamble (85 FR 54178).
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The EPA has not issued its final decision on the August 31, 2020,
proposed rulemaking, but intends to do so after publication of this
ANPRM.\15\ As mentioned previously, the EPA will consider all
information received through this ANPRM in determining if changes to
the MWC, CISWI, OSWI, SSI, and HMIWI rules are appropriate, or whether
development of other future regulations is necessary.
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\15\ The EPA currently is under a court order to sign a final
OSWI rule by October 31, 2021. see Sierra Club v. Wheeler, No. 1:16-
cv-02461-TJK (D.D.C.).
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III. Small Business Considerations
The Small Business Regulatory Enforcement Fairness Act, signed into
law on March 29, 1996, is an amendment to the Regulatory Flexibility
Act of 1980 and adopts the Small Business Act's definition of ``small
entity'' as defined in 5 U.S.C. 601, 15 U.S.C. 632, and Small Business
Administration regulations.\16\ This includes small businesses
(typically 500 or 750 employees including all parent and subsidiary
employees), small governmental jurisdictions (population of less than
50,000), and small organizations (e.g., not-for-profit organizations)
that are not dominant in their field. The definition of a ``small
business'' is determined by a business's North American Industry
Classification System (NAICS) code and annual receipts or number of
employees. Table 2 presents the small business definition for source
categories that are may be interested in this ANPRM.
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\16\ https://www.govinfo.gov/content/pkg/PLAW-104publ121/pdf/PLAW-104publ121.pdf.
Table 2--Small Business Classification for Source Categories Interested in This Action
----------------------------------------------------------------------------------------------------------------
Size standards Size standards
NAICS codes 1 2 NAICS industry description in millions of in number of
dollars employees
----------------------------------------------------------------------------------------------------------------
114................................ Fishing, Hunting and Trapping.......... \3\ 6-22 NA
211................................ Oil and Gas Extraction................. NA 1,250
212................................ Mining except oil and gas.............. NA \3\ 250-1,500
221................................ Utilities.............................. \4\ 16.5-30 \3\ 250-1,000
321................................ Wood Product Manufacturing............. NA \3\ 250-1,250
322................................ Paper Manufacturing.................... NA \3\ 500-1,250
325................................ Chemical Manufacturing................. NA \3\ 500-1,250
326................................ Plastics and Rubber Products NA \3\ 500-1,500
Manufacturing.
327................................ Nonmetallic Mineral Product NA \3\ 500-1,500
Manufacturing.
337................................ Furniture and Related Product NA \3\ 500-1,000
Manufacturing.
486................................ Pipeline Transportation................ \5\ 30-40.5 \6\ 1,500
541710............................. Research and Development............... NA NA
562213............................. Solid Waste Combustors and Incinerators 41.5 NA
6111............................... Elementary and Secondary Schools....... 12 NA
6112............................... Junior Colleges........................ 22 NA
6113............................... Colleges, Universities, and 30 NA
Professional Schools.
622110............................. General Medical and Surgical Hospitals. 41.5 NA
622310............................. Specialty Hospitals.................... 41.5 NA
7121............................... Museums, Historical Sites and Similar \3\ 8-30 NA
Institutions.
----------------------------------------------------------------------------------------------------------------
\1\ North American Industry Classification System.
\2\ Small business size standards are not established for NAICS codes starting with 92 (Public administration).
Establishments in the Public Administration Sector are Federal, state, and local government agencies that
administer and oversee government programs and activities that are not performed by private establishments.
\3\ Range represents the range of size standards for the more specific NAICS codes beyond the 3- or 4-digit
codes shown, e.g., 221117 (for biomass electric power generation) small business size standard is 250
employees, while 221310 (for natural gas distribution) small business size standard is 1,000 employees.
\4\ Size standard in millions of dollars applies only to NAICS codes 221310, 221320, and 221330.
\5\ Size standard in millions of dollars applies only to NAICS codes 486210 and 486990.
\6\ Size standard in number of employees applies to NAICS codes 486110 and 486910.
The EPA is requesting comment and information to help assess the
potential impact of regulating pyrolysis and gasification units on
small businesses. This includes requesting information on the number of
small businesses potentially impacted by regulating pyrolysis or
gasification units; the source categories that contain these entities;
any unique or disproportionate burden that these small businesses may
face; and any suggestions for addressing the specific impacts on these
sources. The EPA is also requesting suggestions for additional outreach
opportunities to ensure that small businesses are aware of the
potential action and its potential impact on their operations.
IV. Request for Data and Comments
Given that the United States is in the early stages in development
of pyrolysis and gasification technologies, the EPA is soliciting real-
world cost, design, process, and environmental information about these
technologies, especially for those that have advanced beyond
laboratory-scale or bench-scale research
[[Page 50302]]
and development stages to operational pilot-scale plants or facilities
that are already in commercial operation. The Agency identified several
facilities that appear to be currently or should soon be operating in
the United States that claim to use either the pyrolysis or
gasification process to convert solid waste into char, syngas, and/or
oil. Table 3 of this preamble lists the facility name, location, and a
brief description of the feedstock and technology used at each of these
facilities. This table may not be exhaustive, however, and is based on
a search of the EPA's applicability determination index database,\17\ a
2012 EPA report related to emerging waste conversion technologies,\18\
internet searches, and various other information collected by the EPA.
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\17\ See https://cfpub.epa.gov/adi/.
\18\ See ``State of Practice for Emerging Waste Conversion
Technologies'' dated October 2012, EPA 600/R-12/705 at: https://cfpub.epa.gov/si/si_public_record_report.cfm?Lab=NRMRL&dirEntryId=305250.
Table 3--Commercial-Scale or Pilot-Scale Facilities Currently Operating or Near Operational in the U.S. That Use
Either Pyrolysis or Gasification Units To Produce Char, Syngas, and/or Oil
----------------------------------------------------------------------------------------------------------------
Facility name Location Feedstock Process description
----------------------------------------------------------------------------------------------------------------
Del-Tin Fiber LLC/Callidus Closed El Dorado, AR.......... Bark and sander dust... Gasification.
Loop Gasification System (CLGS).
Renew Phoenix........................ Phoenix, AZ............ Mixed Plastics......... Pyrolysis.
Aries-Holloway Bioenergy Facility.... Lost Hills, CA......... Biomass................ Gasification.
Aemerge RedPak Services Southern Hesperia, CA........... Medical Waste.......... Gasification.
California LLC.
Sierra Energy FastOx Gasification Fort Hunter Liggett, Biomass and Waste...... Gasification.
Biorefinery. Monterey County, CA.
Synergy Solutions Crisp County....... Cordele, GA............ Biomass................ Gasification.
Nexus Fuels, LLC..................... Atlanta, GA............ Mixed Plastics......... Pyrolysis.
Plastic Advanced Recycling Willowbrook, IL........ Mixed Plastics......... Pyrolysis.
Corporation (PARC).
Tradebe.............................. East Chicago, IL....... Organics-laden Solid Thermal Desorption Unit/
Waste. Pyrolysis.
Brightmark/RES Polyflow.............. Ashley, IN............. Mixed Plastics......... Pyrolysis.
Coaltec--River View Farms (RVF)...... Orleans, IN............ Manure................. Gasification.
Inez Power........................... Debord, KY............. MSW.................... Gasification.
Thermaldyne.......................... Port Allen, LA......... Organics-laden Solid Thermal Desorption Unit/
Waste. Pyrolysis.
Aries Taunton Biosolids Gasification Taunton, MA............ Biosolids.............. Gasification.
Facility.
InEnTec Dow Corning Corporation Midland, MI............ Chlorosilane Industrial Gasification.
Midland. Waste.
Ecoremedy--Hampton Alternative Energy Triplett, MO........... Manure................. Gasification.
Products.
Coaltec--Mead, NE.................... Mead, NE............... Wet Distiller's Grain.. Gasification.
Aries Linden Biosolids Gasification Linden, NJ............. Biosolids.............. Gasification.
Facility.
Aries Newark Bio-Fly-Ash Newark, NJ............. Biosolids.............. Gasification.
Manufacturing Plant.
Monarch Waste Technologies........... Santa Fe, NM........... Hospital/Medical/ Pyrolysis.
Infectious Waste.
Fulcrum Bioenergy--Sierra BioFuels Storey County, NV...... Prepared MSW........... Gasification.
Plant.
JBI/Plastic2Oil...................... Niagara Falls, NY...... Mixed Plastics......... Pyrolysis.
Lockheed Martin/Concord Blue--RMS Owego, NY.............. Biomass and MSW........ Gasification.
facility.
Alterra Energy (formerly Vadxx Akron, OH.............. Mixed Plastics......... Pyrolysis.
Energy).
Intrinergy Coshocton LLC............. Coshocton, OH.......... Biomass................ Gasification.
Covanta Tulsa Cleergas Demonstration Tulsa, OK.............. MSW.................... Gasification.
Plant.
Agilyx............................... Tigard, OR............. Mixed Plastics......... Pyrolysis.
InEnTec Columbia Ridge............... Arlington, OR.......... MSW, Industrial Gasification.
Byproducts, Medical
Waste.
Chemical Waste Management............ Arlington, OR.......... Organics-laden Solid Thermal Desorption Unit/
Waste. Pyrolysis.
Continental Energy Associates........ Hazleton, PA........... Anthracite coal refuse Gasification.
(culm).
Ecoremedy--Morrisville Municipal Morrisville, PA........ Biosolids.............. Gasification.
Authority.
Ecoremedy--Flintrock Farms........... Central PA............. Chicken Litter......... Gasification.
Norbord South Carolina, Inc.......... Kinards, SC............ Wood................... Gasification.
Climax Global Energy................. Allendale, SC.......... Mixed Plastics......... Pyrolysis.
Lebanon Gasification Initiative...... Lebanon, TN............ Waste wood, tires and Gasification.
biosolids.
Carbon Black Global LLC.............. Dunlop, TN............. Wood................... Gasification.
TDX/US Ecology....................... Robstown, TX........... Petroleum and Thermal Desorption Unit/
Petrochemical Wastes. Pyrolysis.
Clean Harbors........................ San Leon, TX........... Organics-laden Solid Thermal Desorption Unit/
Waste. Pyrolysis.
Renewlogy Salt Lake City............. Salt Lake City, UT..... Mixed Plastics......... Pyrolysis.
Coaltec--Frye Poultry................ Wardensville, WV....... Chicken Litter......... Gasification.
----------------------------------------------------------------------------------------------------------------
The EPA is also aware of numerous additional pyrolysis or
gasification units that are currently operating under development or
testing phases in the United States. However, the Agency requests
comment on whether Table 3 of
[[Page 50303]]
this preamble accurately represents the full array of commercial-scale
or pilot-scale facilities in the United States that are currently
operating and claim to use either pyrolysis and gasification units to
convert solid and semi-solid materials, such as waste, biomass,
plastics, tires, and organic contaminants in soils and oily sludges, to
useful products such as fuels and chemical commodities. The EPA also
requests comment on whether the information provided in section II.A of
this preamble appropriately captures the universe of pyrolysis and
gasification units, and, if not, the Agency requests information on
other types of pyrolysis and gasification units or other types of non-
combustion units, such as thermal desorption units that process solid
waste under pyrolytic conditions to recover oil or other marketable
products, that may not be addressed in section II.A of this preamble or
may be currently under development or testing phases in the United
States.
As more pilot and commercial-scale facilities that use pyrolysis or
gasification technologies are built and begin to operate in the United
States, there is a growing interest in the general need to determine
whether these conversion technologies should be regulated under CAA
section 129 as part of a category (or subcategory) of solid waste
incineration unit, or as a specific source category under other
provisions of the CAA, including under CAA sections 111 or 112.\19\ The
Agency is seeking the following information for any pilot or
commercial-scale U.S. facility that claims to use a pyrolysis or
gasification technology:
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\19\ CAA section 111 generally relates to standards for source
categories that cause or contribute to air pollution that may
endanger public health or welfare and CAA 112 generally relates to
standards for major and area sources of listed hazardous air
pollutants.
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Construction date;
Startup date;
Physical address (e.g., state and city);
Brief description of the technology including the primary
purpose of the technology (e.g., to convert MSW into syngas) and how
the products (thermal energy, tar, char) are utilized;
Design type (e.g., indirect heated gasifier or pyrolysis
chamber in combination with a thermal oxidizer);
Additional process equipment (e.g., feed dryer);
Description of process parameters for the pyrolysis or
gasifier chamber which are monitored to ensure proper operation (such
as temperature, residence time in reactor, etc.);
Air pollution control devices or other abatement/upgrade
systems and description of operating parameters which are monitored to
ensure proper operation;
Process flow diagram identifying all emission release
points to the atmosphere for the facility with or without air pollution
or abatement control;
Air emissions data related to:
[cir] Emissions from the pyrolysis or gasification chamber(s);
[cir] Emissions from downstream combustion devices (e.g., thermal
oxidizer) where gases produced by the pyrolysis or gasification unit
are combusted; \20\
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\20\ According to a 2019 report issued by the U.S. Department of
Energy, a major challenge associated with gasification of the MSW is
the prevalence of nitrogen and sulfur in the syngas that is
produced. The presence of these substances requires cleanup and/or
removal if the syngas is to be used in power generation units or
catalytic processes to make fuels and co-products. See ``Waste-to-
Energy from Municipal Solid Wastes,'' dated August 2019 at: https://
www.energy.gov/sites/prod/files/2019/08/f66/BETO_Waste-to-Energy-
Report-August_2019.pdf.
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All applicable state and local air regulations specific to
the pyrolysis or gasification unit;
Feedstock composition (e.g., plastics, tires, MSW);
Facility design capacity (e.g., tons of feedstock per
day);
Mode of operation (e.g., batch or continuous);
Heat recovery, if any (e.g., feed dryer);
Operating hours per day and number of operating days per
year;
Nature of operation (e.g., commercial or research and
development);
Plant energy conversion efficiency (i.e., percentage of
feedstock energy value that is transformed to and contained in the end
product);
Recovery of materials for recycling, if applicable;
Beneficial offsets (compared to disposal of feedstock or
avoided fossil-fuel or petrochemical use or emissions) for different
end product alternatives;
Distance to market for liquid or gaseous fuels;
Market prices for energy products; and
Market prices for recyclable and other byproduct streams.
The EPA reviewed air permits for six of the facilities identified
in Table 3 of this preamble. Unfortunately, the air permit review did
not result in obtaining the types of information that was requested in
this ANPRM.
The EPA is in the process of preparing a detailed questionnaire to
obtain the information described above as well as additional process
and operating information. The EPA intends to distribute this
questionnaire in the form of a CAA section 114 request to entities that
will likely include a mixture of vendors of pyrolysis and gasification
units, owners of demonstration or pilot-scale plants, and owners of
commercial-scale facilities. The first draft of the questionnaire can
be found in Docket ID No. EPA-HQ-OAR-2021-0382. The EPA is soliciting
comments on additional information or revisions that need to be
incorporated in the questionnaire.
V. Statutory and Executive Order Reviews
Under Executive Order 12866, titled Regulatory Planning and Review
(58 FR 51735, October 4, 1993), this action is not a significant
regulatory action and was therefore not submitted to the Office of
Management and Budget (OMB) for review.
Because this action does not propose or impose any requirements and
instead seeks comments and suggestions for the Agency to consider in
possibly developing a subsequent proposed rule, the various statutes
and Executive Orders that normally apply to rulemaking do not apply in
this case. Applicable statutes and Executive Orders will be addressed
once the Agency develops the proposed and final rulemakings.
List of Subjects
40 CFR Part 60
Environmental protection, Administrative practice and procedure,
Air pollution control, Hazardous substances, Intergovernmental
relations.
40 CFR Part 63
Environmental protection, Administrative practice and procedure,
Air pollution control, Hazardous substances, Intergovernmental
relations.
Michael S. Regan,
Administrator.
[FR Doc. 2021-19390 Filed 9-7-21; 8:45 am]
BILLING CODE 6560-50-P