March, 2013
No. 449

EPA Issues Final Rule for Solid Waste Incineration Units

 On February 7, 2013, the EPA issued a Final Rule for Commercial and Industrial Solid Waste Incineration Units:  Reconsideration and Final Amendments; Non-Hazardous Secondary Materials That Are Solid Waste.

 In general, the final rule establishes revised numeric emission limits for some new and existing CISWI units for certain of the nine pollutants listed in Section 129(a)(4) of the CAA.

 The EPA established or revised standards for four subcategories of CISWI units in the 2011 CISWI rule:  incinerators; small remote incinerators; ERUs; and waste-burning kilns. The 2011 CISWI rule also included two subcategories of ERUs. In this final rule, EPA has further subcategorized ERUs and subcategorized waste-burning kilns based on design-type differences. Thus, the final rule includes three subcategories of ERUs and separate CO limits for two subcategories of waste-burning kilns.

 They have further revised some of the CISWI limits proposed in the reconsideration notice in response to comments on CO span methodology and because they incorporated additional data, including new data submitted during the comment period. These changes primarily affect the ERU and waste-burning kiln subcategories but also affect some of the limits in each of the four subcategories.

 To ensure compliance with the emission limits, this final rule establishes stack testing and continuous monitoring requirements. The rule allows sources to use CEMS if an owner or operator chooses to do so. Continuous parameters and emissions levels (if used) are measured as either a three-hour block or a 30-day rolling average basis, depending on the parameter being measured and the subcategory of CISWI.

 Since sources may choose to cease or start combusting solid waste at any time due to market conditions or for other reasons, the final rule contains provisions that specify the steps necessary for sources to switch applicability between this final rule and other applicable emission standards issued pursuant to CAA Section 112. This rule also contains revisions to some of the monitoring, recordkeeping and reporting requirements.

 The date existing sources must comply with the final CISWI rule depends primarily on state plan approval but may be no later than the date five years after publication of this final rule in the Federal Register. For new sources, the effective date is either August 7, 2013, or the date of startup of the source, whichever is later. New sources are defined as sources that began construction on or after June 4, 2010, or commenced reconstruction or modification after August 7, 2013.

 The final rule affects106 existing sources located at 76 facilities. The EPA projects an additional incinerator and five additional small remote incinerators to be subject to this rule over the next five years. This final rule applies to facilities in multiple sectors of our economy including small entities.

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