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EPA/OAR RIN: 2060-AT28 Publication ID: Spring 2025 
Title: Federal Plan Requirements for Commercial and Industrial Solid Waste Incineration Units That Commenced Construction On or Before 6/4/2010 and Have Not Been Modified or Reconstructed Since 8/7/2013 
Abstract:

On February 7, 2013, the EPA promulgated the Standards of Performance for New Stationary Sources and Emission Guidelines for Commercial and Industrial Solid Waste Incineration Units (CISWI). The EPA granted reconsideration on a select few issues, and the final reconsideration was published on June 23, 2016. (Non-substantive technical amendments were subsequently published on March 18, 2019.) Following promulgation of the reconsidered standards and emissions guidelines, the Clean Air Act (CAA) directs states with existing CISWI subject to the emission guidelines to submit plans to the EPA that implement and enforce the emission guidelines. The emission guidelines contain model rule language that states can use for implementation. If a state with existing CISWI does not submit an approvable plan within two years, the EPA has a statutory requirement to develop, implement and enforce a federal plan for CISWI in the state. On January 11, 2017, the EPA proposed the CISWI Federal Plan, which would consist of the model rule language presented in the emission guidelines. This final rule, promulgated September 16, 2024, will address feedback received from the public during the comment period.

 
Agency: Environmental Protection Agency(EPA)  Priority: Substantive, Nonsignificant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Completed Actions 
Major: No  Unfunded Mandates: No 
EO 14192 Designation: Not subject to, not significant 
CFR Citation: 40 CFR 62 Subpart III   
Legal Authority: 42 U.S.C. 7401 et seq. Clean Air Act   
Legal Deadline:
Action Source Description Date
Final  Judicial  Consent Decree: Sierra Club v. Regan, No. 1:23-cv-00424 (D.D.C. 2023) Consent decree to finalize the Federal Plan by September 16, 2024.  09/16/2024 
Timetable:
Action Date FR Cite
NPRM  01/11/2017  82 FR 3554   
Final Rule  12/11/2024  89 FR 100092   
Final Rule Effective  01/10/2025 
Additional Information: Docket #: EPA–HQ–OAR–2016–0664
Regulatory Flexibility Analysis Required: No  Government Levels Affected: Local, State, Tribal 
Small Entities Affected: Businesses  Federalism: No 
Included in the Regulatory Plan: No 
Sectors Affected: 211 Oil and Gas Extraction; 212 Mining (except Oil and Gas); 221 Utilities; 321 Wood Product Manufacturing; 322 Paper Manufacturing; 325 Chemical Manufacturing; 326 Plastics and Rubber Products Manufacturing; 327 Nonmetallic Mineral Product Manufacturing; 333 Machinery Manufacturing; 336 Transportation Equipment Manufacturing; 337 Furniture and Related Product Manufacturing; 423 Merchant Wholesalers, Durable Goods; 44-45 Retail Trade; 486 Pipeline Transportation 
RIN Data Printed in the FR: No 
Agency Contact:
Felicia Davis
Environmental Protection Agency
Office of Air and Radiation
E143-03,
Research Triangle Park, NC 27711
Phone:919 485-4857
Email: davis.felicia@epa.gov

Jodi Howard
Environmental Protection Agency
Office of Air and Radiation
Mail Code E143-01,
Research Triangle Park, NC 27711
Phone:919 541-4607
Fax:919 541-0246
Email: howard.jodi@epa.gov