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Federal Register / Vol. 86, No. 171 / Wednesday, September 8, 2021 / Proposed Rules 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 Acts 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 businesss 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 2SMALL BUSINESS CLASSIFICATION FOR SOURCE CATEGORIES INTERESTED IN THIS ACTION
Size standards in millions of dollars
NAICS
codes 1 2

NAICS industry description
114
211
212
221
321
322
325
326
327
337
486
541710
562213
6111
6112
6113
622110
622310
7121

Fishing, Hunting and Trapping
Oil and Gas Extraction
Mining except oil and gas
Utilities
Wood Product Manufacturing
Paper Manufacturing
Chemical Manufacturing
Plastics and Rubber Products Manufacturing
Nonmetallic Mineral Product Manufacturing
Furniture and Related Product Manufacturing
Pipeline Transportation
Research and Development
Solid Waste Combustors and Incinerators
Elementary and Secondary Schools
Junior Colleges
Colleges, Universities, and Professional Schools
General Medical and Surgical Hospitals
Specialty Hospitals
Museums, Historical Sites and Similar Institutions

3 622

NA
NA
4 16.530
NA
NA
NA
NA
NA
NA
5 3040.5
NA
41.5
12
22
30
41.5
41.5
3 830

Size standards in number of employees NA
1,250
3 2501,500
3 2501,000
3 2501,250
3 5001,250
3 5001,250
3 5001,500
3 5001,500
3 5001,000
6 1,500
NA
NA
NA
NA
NA
NA
NA
NA

1 North
American Industry Classification System.
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.

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2 Small
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
14 All comment letters associated with the August 31, 2020, proposal are contained in Docket ID No.
EPAHQOAR20030156. For a complete history
of the OSWI rule, refer to section I.B of the August 31, 2020, proposal preamble 85 FR 54178.
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. 1:16cv02461TJK
D.D.C..
16 https www.govinfo.gov/content/pkg/PLAW104publ121/pdf/PLAW-104publ121.pdf.

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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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