50296 Federal Register / Vol. 86, No. 171 / Wednesday, September 8, 2021 / Proposed Rules 

Casey R. Conrad of the Office of the 

Associate Chief Counsel (Procedure and 

Administration), (202) 317–6844; 

concerning submissions of comments or 

outlines, the hearing, or any questions 

to attend the hearing by 

teleconferencing, Regina Johnson at 

(202) 317–5177 (not toll-free numbers) 

or preferably by email at 

publichearings@irs.gov. If emailing, 

please include the following 

information in the subject line: Attend, 

Testify, or Question and [REG–102951– 

16]. 

SUPPLEMENTARY INFORMATION: The 

subject of the public hearing is the 

notice of proposed rulemaking REG– 

102951–16 that was published in the 

Federal Register on Friday, July 23, 

2021 86 FR 39910. 

The rules of 26 CFR 601.601(a)(3) 

apply to the hearing. Persons who wish 

to present oral comments telephonically 

at the hearing must have submitted 

written comments and outlines on the 

topics to be addressed and the amount 

of time to be devoted to each topic by 

September 21, 2021. A period of 10 

minutes is allotted to each person to 

present oral comments. 

After receiving outlines, the IRS will 

prepare an agenda containing the 

schedule of speakers. The agenda and a 

partial schedule of speakers will be 

available via Federal eRulemaking 

Portal (www.Regulations.gov) under the 

title of Supporting & Related Material by 

September 21, 2021, and the final 

version will be available on September 

22, 2021, via Federal eRulemaking 

Portal (www.Regulations.gov) under the 

title of Supporting & Related Material. 

The public hearing agenda will contain 

the telephone number and access code. 

Individuals who want to attend (by 

telephone) the public hearing must also 

send an email to publichearings@irs.gov 

to receive the telephone number and 

access code for the hearing. The subject 

line of the email must contain the 

regulation number [REG–102951–16] 

and the word ATTEND. For example, 

the subject line may say: Request to 

ATTEND Hearing for REG–102951–16. 

Please include your name(s) in the body 

of the email. Email requests to attend 

the public hearing must be received by 

5:00 p.m. EDT on September 20, 2021. 

The telephonic hearing will be made 

accessible to people with disabilities. To 

request special assistance during the 

telephonic hearing please contact the 

Publications and Regulations Branch of 

the Office of Associate Chief Counsel 

(Procedure and Administration) by 

sending an email to publichearings@

irs.gov (preferred) or by telephone at 

(202) 317–5177 (not a toll-free number) 

by September 20, 2021. Any questions 

regarding speaking at or attending the 

public hearing may also be emailed to 

publichearings@irs.gov. 

Oluwafunmilayo A. Taylor, 

Federal Register Liaison, Publications and 

Regulations Branch, Legal Processing 

Division, Associate Chief Counsel (Procedure 

and Administration). 

[FR Doc. 2021–19361 Filed 9–7–21; 8:45 am] 

BILLING CODE 4830–01–P 

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. 

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. 


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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 

°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 


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1Pyrolysis 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. 

2The 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. 

3CAA 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. 

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. 

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

Source category NAICS code 1 Examples of potentially regulated entities 

Any state, local, or tribal government or commercial owner/operators using a MWC unit.562213, 92411 ............................... Solid waste combustion units disposing of municipal solid waste 

(MSW). 

Any federal government agency 

using a pyrolysis or gasification 

unit.

928, 7121 ....................................... Department of Defense (labs, military bases, munition facilities) and 

National Parks. 

Any educational institution using a 

pyrolysis or gasification unit.

6111, 6112, 6113 .......................... Primary and secondary schools, universities, colleges, and community colleges. 

Any industrial or commercial facility 

using a pyrolysis or gasification 

unit.

114, 211, 212, 221, 321, 322, 325, 

326, 327, 337, 486.

Oil and gas exploration operations; mining; 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, 562213, 611310 Private hospitals, other health care facilities, commercial research 

laboratories, commercial waste disposal companies, private universities. 


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4Circular 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 (MerriamWebster). 

6Endothermic is a process where heat is absorbed 

by a chemical reaction, thus resulting in decreased 

temperature. 7Benchmarking 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. 

9State 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. 

TABLE 1—SOURCE CATEGORIES INTERESTED IN THIS ACTION—Continued 

Source category NAICS code 1 Examples of potentially regulated entities 

Federal Government ....................... 622110, 541710, 928110 .............. Federal hospitals, other health care facilities, public health service, 

armed services. 

State/local/tribal Government .......... 622110, 562213, 611310 .............. State/local hospitals, other health care facilities, state/local waste disposal services, state universities. 

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-sourcesair-pollution/clean-air-act-guidelinesand-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. 

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 (°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 °C and 30–100 

bar hydrogen). Regardless of the process 

category, through application of heat, 

pyrolysis disintegrates the long 


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10Exothermic is a process where heat is produced 

by a chemical reaction, thus resulting in elevated 

temperature. 

11Benchmarking 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. 

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). 

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 °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 °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. 

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 °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 


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Federal Register / Vol. 86, No. 171 / Wednesday, September 8, 2021 / Proposed Rules 50301 

14All 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). 

15The 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.). 

16https://www.govinfo.gov/content/pkg/PLAW104publ121/pdf/PLAW-104publ121.pdf. 

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. 

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. 

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. 

TABLE 2—SMALL BUSINESS CLASSIFICATION FOR SOURCE CATEGORIES INTERESTED IN THIS ACTION

NAICS 

codes 1 2 NAICS industry description 

Size standards 

in millions 

of dollars 

Size standards 

in number 

of 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 Manufacturing ........................................................................ NA 3 500–1,500 

327 ............. Nonmetallic Mineral Product Manufacturing ........................................................................... NA 3 500–1,500 

337 ............. Furniture and Related Product Manufacturing ....................................................................... NA 3 500–1,000 

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 Professional Schools .................................................................. 30 NA 

622110 ....... General Medical and Surgical Hospitals ................................................................................ 41.5 NA 

622310 ....... Specialty Hospitals .................................................................................................................. 41.5 NA 

7121 ........... Museums, Historical Sites and Similar Institutions ................................................................. 3 8–30 NA 

1 North American Industry Classification System. 

2Small 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. 4Size standard in millions of dollars applies only to NAICS codes 221310, 221320, and 221330. 

5Size standard in millions of dollars applies only to NAICS codes 486210 and 486990. 

6Size 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 


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17See https://cfpub.epa.gov/adi/. 18See ‘‘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. 

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. 

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 Loop Gasification System (CLGS).El Dorado, AR ........................ Bark and sander dust ............. Gasification. 

Renew Phoenix ................................................. Phoenix, AZ ............................ Mixed Plastics ........................ Pyrolysis. 

Aries-Holloway Bioenergy Facility .................... Lost Hills, CA .......................... Biomass .................................. Gasification. 

Aemerge RedPak Services Southern California LLC.Hesperia, CA .......................... Medical Waste ........................ Gasification. 

Sierra Energy FastOx Gasification Biorefinery Fort Hunter Liggett, Monterey 

County, CA.

Biomass and Waste ............... Gasification. 

Synergy Solutions Crisp County ....................... Cordele, GA ............................ Biomass .................................. Gasification. 

Nexus Fuels, LLC ............................................. Atlanta, GA ............................. Mixed Plastics ........................ Pyrolysis. 

Plastic Advanced Recycling Corporation 

(PARC).

Willowbrook, IL ....................... Mixed Plastics ........................ Pyrolysis. 

Tradebe ............................................................. East Chicago, IL ..................... Organics-laden Solid Waste ... Thermal Desorption Unit/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 Waste ... Thermal Desorption Unit/Pyrolysis. 

Aries Taunton Biosolids Gasification Facility ... Taunton, MA ........................... Biosolids ................................. Gasification. 

InEnTec Dow Corning Corporation Midland ..... Midland, MI ............................. Chlorosilane Industrial Waste Gasification.

Ecoremedy—Hampton Alternative Energy 

Products.

Triplett, MO ............................. Manure ................................... Gasification. 

Coaltec—Mead, NE .......................................... Mead, NE ............................... Wet Distiller’s Grain ................ Gasification. 

Aries Linden Biosolids Gasification Facility ...... Linden, NJ .............................. Biosolids ................................. Gasification. 

Aries Newark Bio-Fly-Ash Manufacturing Plant Newark, NJ ............................. Biosolids ................................. Gasification. 

Monarch Waste Technologies .......................... Santa Fe, NM ......................... Hospital/Medical/Infectious 

Waste.

Pyrolysis. 

Fulcrum Bioenergy—Sierra BioFuels Plant ...... Storey County, NV ................. Prepared MSW ....................... Gasification.

JBI/Plastic2Oil ................................................... Niagara Falls, NY ................... Mixed Plastics ........................ Pyrolysis. 

Lockheed Martin/Concord Blue—RMS facility Owego, NY ............................. Biomass and MSW ................. Gasification. 

Alterra Energy (formerly Vadxx Energy) .......... Akron, OH ............................... Mixed Plastics ........................ Pyrolysis. 

Intrinergy Coshocton LLC ................................. Coshocton, OH ....................... Biomass .................................. Gasification. 

Covanta Tulsa Cleergas Demonstration Plant Tulsa, OK ............................... MSW ....................................... Gasification. 

Agilyx ................................................................ Tigard, OR .............................. Mixed Plastics ........................ Pyrolysis. 

InEnTec Columbia Ridge .................................. Arlington, OR .......................... MSW, Industrial Byproducts, 

Medical Waste.

Gasification. 

Chemical Waste Management ......................... Arlington, OR .......................... Organics-laden Solid Waste ... Thermal Desorption Unit/Pyrolysis. 

Continental Energy Associates ......................... Hazleton, PA .......................... Anthracite coal refuse (culm) Gasification. 

Ecoremedy—Morrisville Municipal Authority .... Morrisville, PA ........................ Biosolids ................................. Gasification. 

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 biosolids.Gasification. 

Carbon Black Global LLC ................................. Dunlop, TN ............................. Wood ...................................... Gasification. 

TDX/US Ecology ............................................... Robstown, TX ......................... Petroleum and Petrochemical 

Wastes.

Thermal Desorption Unit/Pyrolysis. 

Clean Harbors ................................................... San Leon, TX ......................... Organics-laden Solid Waste ... Thermal Desorption Unit/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 


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19CAA 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. 

20According 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. 

this preamble accurately represents the 

full array of commercial-scale or pilotscale 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: 

• 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: 

Æ Emissions from the pyrolysis or 

gasification chamber(s); 

Æ Emissions from downstream 

combustion devices (e.g., thermal 

oxidizer) where gases produced by the 

pyrolysis or gasification unit are 

combusted; 20

• 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 fossilfuel 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 pilotscale plants, and owners of commercialscale 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 


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