Emission Guidelines for Commercial and Industrial Solid Waste Incineration (CISWI) Units (40 CFR part 60, subpart DDDD) (Final Rule)

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 latest form for Emission Guidelines for Commercial and Industrial Solid Waste Incineration (CISWI) Units (40 CFR part 60, subpart DDDD) (Final Rule) expires 2029-06-30 and can be found here.