Standards of Performance for New Stationary Sources and Emission Guidelines for Existing Sources: Large Municipal Waste Combustors Voluntary Remand Response and 5-Year Review

ENVIRONMENTAL PROTECTION AGENCY <CFR>40 CFR Part 60</CFR> <DEPDOC>[EPA-HQ-OAR-2017-0183; FRL 5120-02-OAR]</DEPDOC> <RIN>RIN 2060-AO18</RIN> <SUBJECT>Standards of Performance for New Stationary Sources and Emission Guidelines for Existing Sources: Large Municipal Waste Combustors Voluntary Remand Response and 5-Year Review</SUBJECT> <HD SOURCE="HED">AGENCY:</HD> Environmental Protection Agency (EPA). <HD SOURCE="HED">ACTION:</HD> Proposed rule. <SUM> <HD SOURCE="HED">SUMMARY:</HD> The EPA is proposing amendments to the new source performance standards (NSPS) and emission guidelines (EG) for large municipal waste combustion (MWC) units. These proposed amendments reflect the results from a reevaluation of the maximum achievable control technology (MACT) floor levels, a 5-year review, and the removal of startup, shutdown and malfunction exclusions and exceptions. These proposed amendments also streamline regulatory language, revise recordkeeping and electronic notification and reporting requirements, re-establish new and existing source applicability dates, clarify requirements for certain air curtain incinerators, close a 2007 proposed reconsideration action, correct certain typographical errors, make certain technical corrections, and clarify certain provisions in the NSPS and EG. These proposed amendments would revise all emission limits in the EG, except for carbon monoxide (CO) limits for two subcategories of combustors, and all nine emission limits in the NSPS. The EPA is reevaluating the MACT floors in response to the EPA's voluntary remand of the large MWC rules following a petitioner's request that the EPA review the MACT floors for large MWC units in consideration of a D.C. Circuit Court decision on MACT floor issues. The 5-year review is required by the Clean Air Act (CAA). The proposed amendments would result in an estimated 14,000 tons per year reduction in regulated pollutants. </SUM> <EFFDATE> <HD SOURCE="HED">DATES:</HD> Comments must be received on or before March 25, 2024. Under the Paperwork Reduction Act (PRA), comments on the information collection provisions are best assured of consideration if the Office of Management and Budget (OMB) receives a copy of your comments on or before February 22, 2024. <E T="03">Public hearing:</E> If anyone contacts us requesting a public hearing on or before January 29, 2024, we will hold a virtual public hearing. See <E T="02">SUPPLEMENTARY INFORMATION</E> for information on requesting and registering for a public hearing. </EFFDATE> <HD SOURCE="HED">ADDRESSES:</HD> You may send comments, identified by Docket ID No. EPA-HQ-OAR-2017-0183, by any of the following methods: • <E T="03">Federal eRulemaking Portal: https://www.regulations.gov/</E> (our preferred method). Follow the online instructions for submitting comments. • <E T="03">Email: a-and-r-docket@epa.gov.</E> Include Docket ID No. EPA-HQ-OAR-2017-0183 in the subject line of the message. • <E T="03">Fax:</E> (202) 566-9744. Attention Docket ID No. EPA-HQ-OAR-2017-0183. • <E T="03">Mail:</E> U.S. Environmental Protection Agency, EPA Docket Center, Docket ID No. EPA-HQ-OAR-2017-0183, Mail Code 28221T, 1200 Pennsylvania Avenue NW, Washington, DC 20460. • <E T="03">Hand/Courier Delivery:</E> 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). <E T="03">Instructions:</E> All submissions received must include the Docket ID No. for this rulemaking. Comments received may be posted without change to <E T="03">https://www.regulations.gov/,</E> including any personal information provided. For detailed instructions on sending comments and additional information on the rulemaking process, see the <E T="02">SUPPLEMENTARY INFORMATION</E> section of this document. <FURINF> <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD> For questions about this proposed action, contact Charlene E. Spells, Sector Policies and Programs Division (E143-05), Office of Air Quality Planning and Standards, U.S. Environmental Protection Agency, Research Triangle Park, P.O. Box 12055, North Carolina 27711; telephone number: (919) 541-5255; email address: <E T="03">spells.charlene@epa.gov.</E> </FURINF> <SUPLINF> <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD> <E T="03">Participation in virtual public hearing.</E> To request a virtual public hearing, contact the public hearing team at (888) 372-8699 or by email at <E T="03">SPPDpublichearing@epa.gov.</E> If requested, the hearing will be held via virtual platform on February 7, 2024. The hearing will convene at 11:00 a.m. Eastern Time (ET) and will conclude at 7:00 p.m. ET. The EPA may close a session 15 minutes after the last pre-registered speaker has testified if there are no additional speakers. The EPA will announce further details at <E T="03">https://www.epa.gov/stationary-sources-air-pollution/large-municipal-waste-combustors-lmwc-new-source-performance.</E> If a public hearing is requested, the EPA will begin pre-registering speakers for the hearing no later than 1 business day after a request has been received. To register to speak at the virtual hearing, please use the online registration form available at <E T="03">https://www.epa.gov/https://www.epa.gov/stationary-sources-air-pollution/large-municipal-waste-combustors-lmwc-new-source-performance</E> or contact the public hearing team at (888) 372-8699 or by email at <E T="03">SPPDpublichearing@epa.gov.</E> The last day to pre-register to speak at the hearing will be February 5, 2024. Prior to the hearing, the EPA will post a general agenda that will list pre-registered speakers in approximate order at: <E T="03">https://www.epa.gov/stationary-sources-air-pollution/large-municipal-waste-combustors-lmwc-new-source-performance.</E> The EPA will make every effort to follow the schedule as closely as possible on the day of the hearing; however, please plan for the hearings to run either ahead of schedule or behind schedule. Each commenter will have 4 minutes to provide oral testimony. The EPA encourages commenters to provide the EPA with a copy of their oral testimony electronically (via email) by emailing it to <E T="03">spells.charlene@epa.gov.</E> The EPA also recommends submitting the text of your oral testimony as written comments to the rulemaking docket. The EPA may ask clarifying questions during the oral presentations but will not respond to the presentations at that time. Written statements and supporting information submitted during the comment period will be considered with the same weight as oral testimony and supporting information presented at the public hearing. Please note that any updates made to any aspect of the hearing will be posted online at <E T="03">https://www.epa.gov/stationary-sources-air-pollution/large-municipal-waste-combustors-lmwc-new-source-performance.</E> While the EPA expects the hearing to go forward as set forth above, please monitor our website or contact the public hearing team at (888) 372-8699 or by email at <E T="03">SPPDpublichearing@epa.gov</E> to determine if there are any updates. The EPA does not intend to publish a document in the <E T="04">Federal Register</E> announcing updates. If you require the services of a translator or special accommodation such as audio description, please pre-register for the hearing with the public hearing team and describe your needs by January 30, 2024. The EPA may not be able to arrange accommodations without advanced notice. <E T="03">Docket:</E> The EPA has established a docket for this rulemaking under Docket ID No. EPA-HQ-OAR-2017-0183. All documents in the docket are listed in <E T="03">https://www.regulations.gov/.</E> Although listed, some information is not publicly available, <E T="03">e.g.,</E> Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the internet and will be publicly available only in hard copy. With the exception of such material, publicly available docket materials are available electronically in <E T="03">Regulations.gov</E> . <E T="03">Instructions:</E> Direct your comments to Docket ID No. EPA-HQ-OAR-2017-0183. 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 <E T="03">https://www.regulations.gov/,</E> 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 to <E T="03">https://www.regulations.gov/</E> any information that you consider to be CBI or other information whose disclosure is restricted by statute. This type of information should be submitted 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 ( <E T="03">i.e.,</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 <E T="03">https://www.epa.gov/dockets/commenting-epa-dockets.</E> The <E T="03">https://www.regulations.gov/</E> website allows you to submit your comment anonymously, which means the EPA will not know your identity or contact infor ━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━ Preview showing 10k of 176k characters. Full document text is stored and available for version comparison. ━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━