Potential SBAR Panel: Standards of Performance for New Stationary Sources and Emission Guidelines for Existing Sources: Other Solid Waste Incineration Units Review
What is the Implication of the Proposed Rulemaking on Small Entities?
EPA is developing a rule to complete a periodic review of standards for other solid waste incineration (OSWI) units: Standards of Performance for New Sources and Emission Guidelines for Existing Sources: Other Solid Waste Incineration Units Review. The rule would revise standards and other regulatory requirements for OSWI units such as very small municipal waste combustion (VSMWC) units and institutional waste incineration (IWI) units. One example of a potentially regulated entity is a solid waste combustion unit burning municipal solid waste (MSW) with capacity less than 35 tons per day. Other examples of potentially regulated entities include but are not limited to OSWI units used by and located at: correctional institutions; nursing care and other residential facilities; Department of Defense (labs, military bases, munition facilities) and National Parks; primary and secondary schools, universities, colleges, and community colleges; churches and convents; civic associations and fraternal associations; oil and gas exploration operations; mining; pipeline operators; utility providers; fishing operations.
On December 16, 2005, the U.S. Environmental Protection Agency (EPA) established New Source Performance Standards (NSPS) for new OSWI units pursuant to section 129(a) of the Clean Air Act (CAA), at 40 CFR 60 subpart EEEE. In the same 2005 action, EPA established procedures for states to submit plans for implementing Emission Guidelines (EG) for existing OSWI units pursuant to CAA section 129(b) (and see CAA sections 111(b) and (d)), at 40 CFR 60 subpart FFFF. The OSWI standards set emission standards for nine pollutants: (1) cadmium; (2) carbon monoxide; (3) dioxins/furans; (4) hydrochloric acid; (5) lead; (6) mercury; (7) oxides of nitrogen; (8) particulate matter; and (9) sulfur dioxide.
EPA is required under CAA section 129(a)(5) to, every 5 years, review and, in accordance with CAA sections 129 and 111, revise standards and other requirements for solid waste incineration units (such as the OSWI standards). Specific to OSWI units, EPA proposed the requisite periodic review on August 31, 2020 (85 FR 54178), meeting a deadline ordered by the U.S. Court of Appeals for the District of Columbia Circuit (the D.C. Circuit). EPA did not identify any developments that would further reduce emissions beyond the original rule and did not propose any revisions to the OSWI standards attributable to that review.
However, based on additional information the Agency has obtained since the 2005 final rule, EPA proposed to amend the standards for small OSWI units by:
- amending rule applicability provisions for units based on (1) the type of waste being combusted and (2) daily combustion capacity; and
- increasing testing and monitoring flexibilities so that small units with rudimentary designs can demonstrate compliance with the OSWI rule.
To address some issues that resulted in a voluntary remand of the 2005 OSWI rule, the Agency proposed to revise standards for small OSWI units with capacities equal to or less than 10 tons per day based on data from representative units.
EPA also proposed some minor amendments to the rule, including:
- revised regulatory provisions related to emissions during periods of startup, shutdown, and malfunction; and
- provisions for electronic reporting of certain notifications and reports.
Additional information is available on EPA’s web site: Other Solid Waste Incinerators (OSWI): New Source Performance Standards (NSPS) and Emission Guidelines (EG) for Existing Sources.
What is a Small Business Advocacy Review Panel?
The Regulatory Flexibility Act as amended by the Small Business Regulatory Enforcement Fairness Act (RFA/SBREFA) requires EPA to convene an SBAR Panel unless the agency certifies that the rule will not have a significant economic impact on a substantial number of small entities. The Panel process offers an opportunity for small businesses, small governments, and small not-for-profit organizations (collectively referred to as small entities) to provide advice and recommendations to ensure that EPA carefully considers small entity concerns regarding the impact of the potential rule on their businesses, governments, or organizations. The Panel itself is comprised of federal employees from EPA, the Office of Management and Budget’s (OMB’s) Office of Information and Regulatory Affairs (OIRA), and the Office of Advocacy in the Small Business Administration (SBA). Small Entity Representatives (SERs) provide advice and recommendations to the Panel. Typically, EPA prefers that SERs be owners or operators of small businesses, small organization officials, or small government officials. Other representatives, such as trade associations that exclusively or at least primarily represent potentially regulated small entities, also may serve as SERs. These other representatives are evaluated on a case-by-case basis.
Information about what constitutes a "small business" is available at the SBA’s web page on size standards. A "small government" is defined as a jurisdiction serving a population of 50,000 residents or fewer. A “small organization” is defined as any “not-for-profit enterprise which is independently owned and operated and is not dominant in its field.” To learn more, review EPA’s Small Entities and Rulemaking – Frequent Questions web page.
How Can I Get Involved?
If you are a small-entity owner or operator of an OSWI unit that may be directly subject to this rule, you are eligible to serve as a SER. As mentioned above, other representatives that exclusively or at least primarily represent potentially regulated small entities may also serve as SERs. The role of a SER is to provide advice and recommendations to ensure that the Panel carefully considers small entity concerns regarding the impact of the potential rule on their organizations.
You may nominate yourself to serve as a SER by following the directions in the next section. Depending on the volume of responses, EPA may not be able to invite all eligible candidates to participate as SERs. Generally, SERs will be asked to review background information, listen to informational briefings, and provide oral and written advice and recommendations to the Panel. At least one virtual or face-to-face meeting is typically held with the SERs in Washington, DC; a toll-free conference line is provided for this meeting.
SERs must:
- Qualify as “small” under SBA’s definition AND expect to be directly subject to requirements of the proposed rule; or
- Exclusively represent or at least primarily represent potentially regulated small entities (e.g., a trade association that exclusively or primarily represents small entities). Nominees such as these will be evaluated on a case by case basis.
Who Should I Contact?
Individuals who are interested in potentially serving as a SER should send an email message to RFA-SBREFA@epa.gov by no later than April 20, 2023. In the message, please provide:
- Your name
- Name of your company, governmental jurisdiction, or not-for-profit organization
- Size of your company, governmental jurisdiction, or not-for-profit organization
- If you are representing a business, you may confirm that your business meets the definition of “small” by consulting SBA’s web page on size standards. Please provide the primary North American Industry Classification System (NAICS) code for your firm and either average annual receipts or average annual employment for your firm corresponding to the definition of small for your primary NAICS code. Note that a ‘firm’ includes parent company and all subsidiaries.
- A small governmental jurisdiction means governments of cities, counties, towns, townships, villages, school districts, or special districts, with a population of less than 50,000.
- A small organization means any not-for-profit enterprise which is independently owned and operated and is not dominant in its field.
- If you are with a group such as a trade association that represents small entities, please provide a list of your members, the size of your members (if possible), and a qualitative statement describing how your group can truly represent only the unique interests of your members that qualify as directly regulated small entities.
- Address
- Contact information (including phone number and email address)
- USE THIS AS THE SUBJECT LINE OF YOUR EMAIL: SER Self-Nomination for OSWI NSPS and EG
Please remember: Depending on the volume of responses, EPA may not be able to invite all qualified candidates to participate as SERs.