Standards of Performance for New Stationary Sources and Emission Guidelines for Existing Sources: Commercial and Industrial Solid Waste Incineration Units

On December 1, 2000, EPA adopted new source performance standards and emission guidelines for commercial and industrial solid waste incineration units established under Sections 111 and 129 of the Clean Air Act. In 2001, EPA granted a petition for reconsideration regarding the definitions of ‘‘commercial and industrial waste’’ and ‘‘commercial and industrial solid waste incineration unit.’’ In 2001, the United States Court of Appeals for the District of Columbia Circuit granted EPA’s voluntary remand, without vacatur, of the 2000 rule. In 2005, EPA proposed and finalized the commercial and industrial solid waste incineration definition rule which revised the definition of ‘‘solid waste,’’ ‘‘commercial and industrial waste,’’ and ‘‘commercial and industrial waste incineration unit.’’ In 2007, the United States Court of Appeals for the District of Columbia Circuit vacated and remanded the 2005 commercial and industrial solid waste incineration definition rule. This action provides EPA’s response to the 2001 voluntary remand of the 2000 rule and the vacatur and remand of the commercial and industrial solid waste incineration definition rule in 2007. In addition, this action includes the five-year technology review of the new source performance standards and emission guidelines required under Section 129. This action also proposes other amendments that EPA believes are necessary to adequately address air emissions from commercial and industrial solid waste incineration units.