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EPA/AR RIN: 2060-AJ28 Publication ID: Fall 2003 
Title: Federal Plan Requirements for Commercial and Industrial Solid Waste Incineration Units Constructed On or Before November 30, 1999 
Abstract: The Clean Air Act Amendments of 1990 directed the Environmental Protection Agency (EPA) to set emission guidelines for existing incinerators combusting commercial or industrial waste under sections 111 and 129. Final emission guidelines for Commercial and Industrial Solid Waste Incineration (CISWI) were published on December 1, 2000 (see 65 FR 75338). In accordance with section 129, any State with affected sources must submit a State plan by December 1, 2001 describing how the State will implement the emission guidelines for existing CISWI. Section 129 requires the Administrator to develop and implement a Federal plan for existing CISWI units located in any State which has not submitted an approvable plan within 2 years of promulgation of the emissions guidelines. In this CISWI Federal plan rulemaking, EPA becomes the implementing authority in those instances where the State has failed to submit a plan or a plan has not yet been approved. Therefore, consistent with section 129(b)(3) of the Act, EPA is proposing a plan that applies to CISWI in any State that has not submitted an approvable plan within the time allotted. This action makes no changes to the requirements in the rule, and is intended to fulfill EPA's duty under section 129(b)(3) to promulgate a Federal plan as a gap-filling measure until the State fulfills its statutory obligations. When the State submits an approvable State plan, the Federal plan will no longer apply to units in that State. 
Agency: Environmental Protection Agency(EPA)  Priority: Substantive, Nonsignificant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Final Rule Stage 
Major: No  Unfunded Mandates: No 
CFR Citation: 40 CFR 62   
Legal Authority: 42 USC 7429   
Legal Deadline:  None
Timetable:
Action Date FR Cite
NPRM  11/25/2002  67 FR 70640   
Final Action  11/00/2003    
Additional Information: SAN 4441.
Regulatory Flexibility Analysis Required: No  Government Levels Affected: Federal, State 
Small Entities Affected: Businesses  Federalism: No 
Included in the Regulatory Plan: No 
Sectors Affected: 325 Chemical Manufacturing; 321 Wood Product Manufacturing 
Agency Contact:
Chuck Buckler
Environmental Protection Agency
Air and Radiation
C504-03,
Research Triangle Park, NC 27711
Phone:919 541-0873
Fax:919 541-5509
Email: buckler.charles@epa.gov