CISWI and OSWI Federal Plans Proposed Consent Decree

On April 5, 2024, the U.S. Environmental Protection Agency (U.S. EPA) published a notice of a proposed consent decree regarding U.S. EPA’s failure to issue final Federal Implementation Plans (FIPs) to implement the emissions guidelines for existing facilities under the commercial and industrial solid waste incinerator (CISWI) standards at 40 CFR Part 60, Subpart DDDD and the other solid waste incinerators (OSWI) standards at 40 CFR Part 60, Subpart FFFF. These FIPs would cover subject facilities in states that did not submit state-specific plan for either source category or that submitted a state-specific plan that was not approved by U.S. EPA.

Background

A CISWI unit is defined in the emissions guidelines as an operating unit of any commercial or industrial facility that combusts solid waste (as defined in 40 CFR Part 241). Similarly, an OSWI unit is defined as either a very small municipal waste combustion unit (i.e., any municipal waste combustion unit that has the capacity to combust less than 35 tons per day of municipal solid waste or refuse-derived fuel) or an institutional waste incineration unit (i.e., a combustion unit that combusts solid waste that is generated and combusted at any institutional facility using controlled flame combustion in an enclosed, distinct operating unit without energy recovery with the exception of heat recovery).

U.S. EPA originally published major revisions to the CISWI emissions guidelines in 2011 and has subsequently made additional revisions as recently as April 2019. A proposed FIP for the CISWI emissions guidelines was issued in 2017, but a final plan was not promulgated by U.S. EPA.  The OSWI FIP is even further behind, with the emissions guidelines being promulgated in December 2005 and no proposed FIP. The most recent rulemaking action related to the OSWI standards is an April 17, 2024 rule that removed the Title V permit requirement for certain air curtain incinerators.

What does the proposed consent decree require?

Under the proposed consent decree, U.S. EPA would be required to sign a final CISWI FIP no later than September 16, 2024. U.S. EPA would also be required to sign a proposed OSWI FIP no later than June 30, 2026 with a follow-up finalization of the Federal Plan no later than June 30, 2027.  Written comments on the proposed consent decree are due to U.S. EPA by May 5, 2024.

What does this mean?

This proposed consent decree will only affect facilities located in states that do not already have a U.S. EPA-approved state plan (approximately 10 states will be subject to CISWI FIP requirements).  This signifies a tangible step towards promulgating final federal requirements for both existing CISWI and OSWI in states not currently implementing these rules and for companies with these units, warrants review and comment of the FIP requirements as they are published.

ALL4 will keep you updated on the status of the proposed rules, changes, and how they will affect your environmental compliance.  In the meantime, if you have any specific questions, please don’t hesitate to reach out to me at scunningham@all4inc.com.