Commercial and Industrial Solid Waste Incineration Units (CISWI): New Source Performance Standards (NSPS) and Emission Guidelines (EG) for Existing Sources
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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. In September 2024, EPA issued the final federal plan to implement the emission guidelines in states without their own state plans.
Rule History
12/14/2016 - Proposed Rule; Federal Plan to Implement Emission Guidelines for Existing CISWI (82 FR 3554)
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 80452)
05/18/2011 – Final Rules; Delay of Effective Dates (76 FR 28662)
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 31938)
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)
Additional Resources
National Webinar Slides: CISWI Federal Plan (pdf)
Fact Sheet: Proposed Federal Plan to Implement Emission Guidelines for Existing CISWI (2016/2017)
November 2011 Economic Impact Analysis: Reconsideration Proposal Inputs Comparison
CISWI Reconsideration Data Review and Updates
Summary of the Secondary Impacts of Control Options for CISWI Standards for Reconsideration Proposal
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.
Related Rules
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.