Emission Guidelines for Commercial and Industrial Solid Waste Incineration (CISWI) Units (40 CFR part 60, subpart DDDD) (Final Rule)
Revision of a currently approved collection
No
Regular
Approved with change
06/25/2026
06/30/2025
Because the agency sought comments on renewal of the underlying package, this information collection is approved for 3 years in accordance with 5 CFR 1320. OMB notes that this revision introduces double counting of burden between 2060-0664 and 2060-0451, which EPA should correct in a future action.
table that charts list comparision
Inventory as of this Action
Requested
Previously Approved
06/30/2029
36 Months From Approved
06/30/2026
169
0
151
8,660
0
9,890
12,300,000
0
11,000,000
Previously, the EPA issued New Source Performance Standards (NSPS) (40 CFR Part 60, Subpart CCCC) and Emission Guidelines (40 CFR Part 60, Subpart DDDD) for Commercial and Industrial Solid Waste Incineration (CISWI) Units as promulgated on December 1, 2000 (65 FR 75338) and March 21, 2011 (76 FR 15769), and subsequently amended on: February 7, 2013 (78 FR 9195); June 23, 2016 (81 FR 41001); April 16, 2019 (84 FR 15846); and Oct. 7, 2020 (85 FR 63406) . The Emission Guidelines apply to any air quality program in either a state or a United States protectorate with one or more existing CISWI units. The guidelines can be thought of as model regulations that States use in developing State plans to implement the Emission Guidelines. If a state does not develop, adopt, and submit an approvable state plan, the Environmental Protection Agency (EPA) develops a Federal plan to implement the Emission Guidelines. The EPA previously promulgated a Federal Plan for CISWI units subject to the December 1, 2000 final rule on October 3, 2003 (68 FR 57518) under 40 CFR Part 62, Subpart III.
On January 11, 2017, the EPA proposed amendments to the Federal plan requirements at 40 CFR Part 62, Subpart III to implement the regulations at 40 CFR Part 60, Subpart DDDD adopted on February 7, 2013, and as amended on June 23, 2016, and April 16, 2019. The EPA is subsequently finalizing the revised Federal Plan under new subpart 40 CFR Part 62, Subpart IIIa. Following the effective date of the final rule, the requirements of 40 CFR Part 62, Subpart III will no longer be in effect and all existing units subject to the Federal Plan must meet the requirements of 40 CFR Part 62, Subpart IIIa. These regulations will apply to existing CISWI units (units that commenced construction on or before June 4, 2010, or commenced modification or reconstruction after June 4, 2010 but no later than August 7, 2013) that are not regulated by an EPA approved and currently effective State or Tribal plan, or that are located in any state whose approved State or Tribal plan is only approved in part. Since EPA is finalizing the updated Federal plan at 40 CFR Part 62, Subpart IIIa, following the effective date of the final rule, all respondents previously subject to Subpart DDDD are now subject to either a State plan implementing 40 CFR Part 60, Subpart DDDD or are subject to the Federal plan under 40 CFR Part 62, Subpart IIIa, or if they have modified since August 7, 2013, they are subject to the NSPS at 40 CFR Part 60, Subpart CCCC. This information is thus being collected to assure compliance with 40 CFR Part 60, Subpart DDDD and 40 CFR Part 62, Subpart IIIa.
The Federal Plan implements the Emissions Guidelines at 40 CFR Part 60, Subpart DDDD. In general, all Emissions Guidelines require initial notifications, performance tests, and periodic reports by the owners/operators of the affected facilities. They are also required to maintain records of the occurrence and duration of any startup, shutdown, or malfunction in the operation of an affected facility, or any period during which the monitoring system is inoperative. These notifications, reports, and records are essential in determining compliance, and are required of all affected facilities subject to Emission Guidelines.
The decrease in burden from the most-recently approved ICR is due to an adjustment. The adjustment decrease in burden from the most-recently approved ICR is due to a decrease in the number of respondents and to reflect the implementation of the Federal Plan. This action finalizes the CISWI Federal plan to implement the Emission Guidelines adopted on February 7, 2013, for those states that do not have a fully approved state plan implementing the Emission Guidelines. While this action is believed to result in no changes to the information collection requirements of the 2013 CISWI rule, it does implement the CISWI standards to a subset of existing units that will be regulated by implementing this final action. This ICR reflects the average annual respondents and burden for the rule activities following implementation of 40 CFR Part 62, Subpart IIIa. The number of respondents has been adjusted in this ICR based on adjustments to the regulatory database developed in consultation with internal experts at OAQPS and based on an inventory of facilities subject to the provisions of 40 CFR Part 60, Subpart DDDD implemented under approved State plans versus CISWI subject to the Federal plan at 40 CFR Part 62, Subpart IIIa (i.e., CISWI that are not regulated by an EPA approved and currently effective State or Tribal plan, or that are located in any state whose approved State or Tribal plan is only approved in part). The adjusted number of respondents also reflects the addition of certain air curtain incineration units as newly identified by the Agency, and the removal of certain small remote incinerators to reflect prohibitions on implementation of CISWI standards to units in the State of Alaska. This ICR therefore reflects a decrease in the total number of respondents subject to the rule.
There is a decrease in the operation and maintenance costs from the most-recently approved ICR. The decrease in operation and maintenance costs is due to the decreased in the number of respondents; this ICR also adjusts the number of respondents expected to conduct initial activities (e.g., reviewing the rule, conducting performance tests, implementing operator training plans, and submitting waste management plans) due to the implementation of the Federal Plan during the three-year period of this ICR. There is no change in the capital costs because the number of respondents expected to have installed controls and monitoring equipment is unchanged. Based on reviews of permits for units potentially subject to the Federal Plan, we have determined that sources have either ceased burning waste or have made control device retrofits in the period of time since the proposed rule was published.
This ICR also adjusts the number of respondents for which the requirements of subpart DDDD are implemented under State plans and a Federal plan to include the burden on State and local agencies. As of April 18, 2024, EPA data indicates that 46 CISWI and 40 facilities are not regulated by an EPA approved and currently effective State or Tribal plan and would be subject to the Federal Plan. The remainder of these landfills are covered by a State or Tribal plans.
$253,300
No
No
No
No
No
No
No
Aiden Titel 919 541-4836
Reginfo record details
No
On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).
The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:
(i) Why the information is being collected;
(ii) Use of information;
(iii) Burden estimate;
(iv) Nature of response (voluntary, required for a benefit, or mandatory);
(v) Nature and extent of confidentiality; and
(vi) Need to display currently valid OMB control number;
If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.
89FR63933.pdf
2385ss09_Rev.docx
2385t09_draft.xlsx
Emission Guidelines for Existing Sources: Commercial and Industrial Solid Waste Incineration (CISWI) units (40 CFR part 60, subpart DDDD)