[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: a-and-r-docket@epa.gov. 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: 
modak.nabanita@epa.gov.

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.
---------------------------------------------------------------------------

    \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).
---------------------------------------------------------------------------

    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.
---------------------------------------------------------------------------

    \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.).
---------------------------------------------------------------------------

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.
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

    \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:
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

     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\
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

     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


