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Statement of Need: As a result of the vacatur of the CISWI definition and the remand of the CISWI rule, the Agency will develop another rulemaking under CAA section 129 that will reduce hazardous air pollutant (HAP) emissions from this source category. Recent court decisions on other rules will be considered in developing this regulation.

Summary of the Legal Basis: Clean Air Act, section 129

Alternatives: Not yet determined

Anticipated Costs and Benefits: EPA estimates the total national capital cost for the final rule to be approximately $706 million in the year 2013, with a total national annual cost of $280 million in the year 2013. The annual cost, which considers fuel savings, includes control device operation and maintenance as well as monitoring, recordkeeping, reporting, and performance testing. EPA estimates that implementation of the rulemaking, as proposed, would reduce nationwide emissions from commercial and industrial solid waste incineration units by: 5,700 tons per year (tpy) of acid gases (i.e., hydrogen chloride and sulfur dioxide), 1,600 tpy of particulate matter, 23,000 tpy of carbon monoxide, 5,700 tpy of nitrogen oxides, and 5.5 tpy of metals (i.e., lead, cadmium, and mercury) and dioxins/furans. These emissions reductions would lead to the following annual health benefits. In 2013, this rule will protect public health by avoiding 40 to 100 premature deaths, 27 cases of chronic bronchitis, 64 nonfatal heart attacks, 68 hospital and emergency room visits, 65 cases of acute bronchitis, 1,350 cases of respiratory symptoms, 5,300 days when people miss work or school, 700 cases of aggravated asthma, and 31,000 days when people must restrict their activities. The monetized value of the benefits ranges from $360 to $870 million in 2013–outweighing the costs by at least $80 million.

Risks: Not yet determined