National Emission Standards for Hazardous Air Pollutants From Hazardous Waste Combustors: Residual Risk and Technology Review; Withdrawal of Proposed Revisions to Standards for Periods of Malfunction

ENVIRONMENTAL PROTECTION AGENCY <CFR>40 CFR Part 63</CFR> <DEPDOC>[EPA-HQ-OAR-2004-0022; FRL-10654-01-OAR]</DEPDOC> <RIN>RIN 2060-AV96</RIN> <SUBJECT>National Emission Standards for Hazardous Air Pollutants From Hazardous Waste Combustors: Residual Risk and Technology Review; Withdrawal of Proposed Revisions to Standards for Periods of Malfunction</SUBJECT> <HD SOURCE="HED">AGENCY:</HD> Environmental Protection Agency (EPA). <HD SOURCE="HED">ACTION:</HD> Proposed rule and withdrawal of proposed rule. <SUM> <HD SOURCE="HED">SUMMARY:</HD> This proposal presents the results of the U.S. Environmental Protection Agency's (EPA) residual risk and technology review for the National Emission Standards for Hazardous Air Pollutants (NESHAP) from Hazardous Waste Combustors (HWC) as required under the Clean Air Act (CAA). In this action, the EPA is proposing to establish emission limits and work practice standards for hydrogen fluoride and hydrogen cyanide emissions from HWC incinerators, cement kilns, solid fuel boilers, and liquid fuel boilers; eliminate the startup, shutdown, and malfunction (SSM) exemption; add a work practice standard for periods of SSM; add electronic reporting procedures and requirements; allow states to choose to exempt area sources from certain permitting requirements; and other clarifications and corrections. In response to comments received on certain aspects of the July 24, 2024, proposed revisions for periods of malfunction, the EPA is withdrawing that proposed rule and instead proposing different provisions to address periods of SSM. </SUM> <EFFDATE> <HD SOURCE="HED">DATES:</HD> <E T="03">Comments.</E> Comments must be received on or before December 26, 2025. As of November 10, 2025, the proposed rule published on July 24, 2024, at 89 FR 59867, is withdrawn. 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 December 10, 2025. <E T="03">Public hearing:</E> If anyone contacts us requesting a public hearing on or before November 15, 2025, 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-2004-0022, by any of the following methods: • <E T="03">Federal eRulemaking Portal:</E> <E T="03">https://www.regulations.gov/</E> (our preferred method). Follow the online instructions for submitting comments. • <E T="03">Email:</E> <E T="03">a-and-r-docket@epa.gov.</E> Include Docket ID No. EPA-HQ-OAR-2004-0022 in the subject line of the message. • <E T="03">Mail:</E> U.S. Environmental Protection Agency, EPA Docket Center, Docket ID No. EPA-HQ-OAR-2004-0022, 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 information about this proposed rule, contact U.S. EPA, Attn: Rachel Smoak, Mail Drop: E143-02, 109 T.W. Alexander Drive, P.O. Box 12055, RTP, North Carolina 27711; telephone number: (919) 541-0253; and email address: <E T="03">smoak.rachel@epa.gov.</E> For specific information regarding the risk modeling methodology, contact U.S. EPA, Attn: Matt Woody, Ph.D., Mail Drop: C539-02, 109 T.W. Alexander Drive, P.O. Box 12055, RTP, North Carolina 27711; telephone number: (919) 541-1535; and email address: <E T="03">woody.matt@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 November 25, 2025. 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/hazardous-waste-combustors-national-emission-standards-hazardous.</E> The EPA will begin pre-registering speakers for the hearing no later than one 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/stationary-sources-air-pollution/hazardous-waste-combustors-national-emission-standards-hazardous</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 November 22, 2025. Prior to the hearing, the EPA will post a general agenda that will list pre-registered speakers at: <E T="03">https://www.epa.gov/stationary-sources-air-pollution/hazardous-waste-combustors-national-emission-standards-hazardous.</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 four minutes to provide oral testimony. The EPA encourages commenters to submit 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/hazardous-waste-combustors-national-emission-standards-hazardous.</E> While the EPA expects the hearing to go forward as set forth above, please monitor this 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> (FR) announcing updates. If you require special accommodation such as audio description, please pre-register for the hearing with the public hearing team and describe your needs by November 17, 2025. 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 proposed rule under Docket ID No. EPA-HQ-OAR-2004-0022. All documents in the docket are listed in the <E T="03">https://www.regulations.gov/</E> index. Although listed in the index, 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 as Portable Document Format (PDF) versions that can only be accessed on the EPA computers in the docket office reading room. Certain databases and physical items cannot be downloaded from the docket but may be requested by contacting the docket office at 202-566-1744. The docket office has up to 10 business days to respond to these requests. With the exception of such material, publicly available docket materials are available electronically at <E T="03">https://www.regulations.gov.</E> <E T="03">Written Comments.</E> Submit your comments, identified by Docket ID No. EPA-HQ-OAR-2004-0022, at <E T="03">https://www.regulations.gov/</E> (our preferred method), or the other methods identified in the <E T="02">ADDRESSES</E> section. Once submitted, comments cannot be edited or removed from the docket. The EPA may publish any comment received to its public docket. Do not submit to the EPA's docket at <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 in the <E T="03">Submitting CBI</E> section of this document. The EPA is soliciting comment on numerous aspects of the proposed rule. The EPA has indexed each comment solicitation with a unique identifier ( <E T="03">e.g.,</E> “C-1,” “C-2,” “C-3” . . .) to provide a consistent framework for effective and efficient provision of comments. Accordingly, we ask that commenters include the corresponding identifier when providing comments relevant to that comment solicitation. We ask that commenters include the identifier either in a heading or within the text of each comment ( <E T="03">e.g.,</E> “In response to C-1, . . .”) to make clear which comment solicitation is being addressed. We emphasize that we are not limiting comment to these identified areas and encourage provision of any other comments relevant to this proposed action. Multimedia submissions (audio, video, etc.) must be accompanied by a written comment. The written comment is considered the official c ━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━ Preview showing 10k of 323k characters. Full document text is stored and available for version comparison. ━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━