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Commercial and Industrial Solid Waste Incineration Units (CISWI): New Source Performance Standards (NSPS) and Emission Guidelines (EG) for Existing Sources

Rule Summary

Section 129 of the Clean Air Act directs the Administrator to develop regulations under section 111 of the Act limiting emissions of nine air pollutants (i.e., particulate matter, carbon monoxide, dioxins/furans, sulfur dioxide, nitrogen oxides, hydrogen chloride, lead, mercury, and cadmium) from four categories of solid waste incineration units: municipal solid waste; hospital, medical and infectious solid waste; commercial and industrial solid waste; and other solid waste.

EPA promulgated the new source performance standards (NSPS) and emission guidelines (EG) to reduce air pollution from commercial and industrial solid waste incineration (CISWI) units, for Subparts CCCC and DDDD on December 1, 2000. Those standards and guidelines applied to incinerators used by commercial and industrial facilities to burn non-hazardous solid waste. The NSPS and EG were designed to substantially reduce emissions of a number of harmful air pollutants such as lead, cadmium, mercury, and dioxins/furans, which are known or suspected to cause adverse health and environmental effects.

On March 21, 2011, EPA promulgated the revised NSPS and EG to address voluntary remand that was granted in 2001 and the vacatur of the CISWI definition rule in 2007. In addition, the revised standards accounted for the 5-year technology review of the new source performance standards and emission guidelines required under Section 129. Following promulgation of the 2011 CISWI rule, EPA received petitions for reconsideration requesting to reconsider numerous provisions in the 2011 CISWI rule. EPA granted reconsiderations on specific issues and promulgated CISWI reconsideration rule on February 7, 2013. Subsequently, EPA received petitions to further reconsider certain provisions of the 2013 NSPS and EG for CISWI units. On January 21, 2015, EPA granted reconsideration on four specific issues and finalized the reconsideration of the CISWI NSPS and EG on June 2, 2016.

Rule History

12/14/2016 - Proposed Rule; Federal Plan to Implement Emission Guidelines for Existing CISWI

06/23/2016 – Final Rule; Notice of Final Action on Reconsideration (81 FR 40956)

01/21/2015 – Proposed Rule (80 FR 3018)

02/07/2013 – Final Rule; Notice of Final Action on Reconsideration (78 FR 9112)

12/23/2011 – Proposed Rules; Reconsideration of Final Rule (76 FR 80451)

05/18/2011 – Final Rules; Delay of Effective Dates (76 FR 28992)

03/21/2011 – Notice of Reconsideration of Final Rules (76 FR 15266) & Final Rule (76 FR 15704)

07/22/2010 – Extension of Public Comment Period (75 FR 42676)

06/09/2010 – Notice of Public Hearings and Extension of Public Comment Period (75 FR 32682)

06/04/2010 – Proposed Rule (75 FR 31937)

03/19/2010 – Notice (75 FR 13274)

09/22/2005 – Final Rule Amendments (70 FR 55568)

10/03/2003 – Final Rule (68 FR 57518)

11/25/2002 – Proposed Rule (67 FR 70640)

03/27/2001 – Final Rule; Correction (66 FR 16605)

12/01/2000 – Final Standards and Guidelines (65 FR 75338)

11/30/1999 – Proposed Standards and Guidelines (64 FR 67092)

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Additional Resources

Fact Sheet:  Proposed Federal Plan to Implement Emission Guidelines for Existing CISWI

Fact Sheets: New Source Performance Standards and Emission Guidelines for Commercial and Industrial Solid Waste Incineration Units

February 2011 Regulatory Impact Analysis: Standards of Performance for New Stationary Sources (NSPS) and Emission Guidelines for Existing Sources: Commercial and Industrial Solid Waste Incineration Units (CISWI)

November 2011 Regulatory Impact Results for the Reconsideration Proposal for Standards of Performance for New Stationary Sources (NSPS) and Emission Guidelines for Existing Sources: Commercial and Industrial Solid Waste Incineration Units (CISWI)

November 2011 Economic Impact Analysis: Reconsideration Proposal Inputs Comparison

CISWI Reconsideration Data Review and Updates

Commercial and Industrial Solid Waste Incineration (CISWI) Emission Limit Calculations for Existing and New Sources for Reconsideration Proposal

Reconsideration Proposal Baseline Emissions and Emissions Reductions Estimates for Existing Commercial and Industrial Solid Waste Incineration (CISWI) Units on November 20, 2011

Summary of the Secondary Impacts of Control Options for CISWI Standards for Reconsideration Proposal

Summary of Public Comments and Responses for Commercial and Industrial Solid Waste Incineration Units: Reconsideration and Final Amendments

Final Reconsideration Compliance Cost Analyses for CISWI Units

View the supporting documents in the docket folder to find additional related documents to the final rules.

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Related Rules

Hospital, Medical, and Infectious Waste Incinerators (HMIWI): New Source Performance Standards (NSPS), Emission Guidelines, and Federal Plan Requirements Regulations

Large Municipal Waste Combustors (LMWC): New Source Performance Standards (NSPS) and Emissions Guidelines

Small Municipal Waste Combustors (SMWC): New Source Performance Standards (NSPS) and Emission Guidelines

Sewage Sludge Incineration Units (SSI): New Source Performance Standards (NSPS) and Emission Guidelines

Other Solid Waste Incinerators (OSWI): New Source Performance Standards (NSPS) and Emission Guidelines for Existing Sources

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Compliance

Applicability Determination Index (ADI).  The ADI is maintained by EPA's Office of Enforcement and Compliance Assurance (OECA) and provides a data base of memoranda dealing with applicability issues.  The database is searchable by Subpart.

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