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U.S. Code as of:
01/19/04
Section 7429. Solid waste combustion
(a) New source performance standards
(1) In general
(A) The Administrator shall establish performance standards and
other requirements pursuant to section 7411 of this title and
this section for each category of solid waste incineration units.
Such standards shall include emissions limitations and other
requirements applicable to new units and guidelines (under
section 7411(d) of this title and this section) and other
requirements applicable to existing units.
(B) Standards under section 7411 of this title and this section
applicable to solid waste incineration units with capacity
greater than 250 tons per day combusting municipal waste shall be
promulgated not later than 12 months after November 15, 1990.
Nothing in this subparagraph shall alter any schedule for the
promulgation of standards applicable to such units under section
7411 of this title pursuant to any settlement and consent decree
entered by the Administrator before November 15, 1990: Provided,
That, such standards are subsequently modified pursuant to the
schedule established in this subparagraph to include each of the
requirements of this section.
(C) Standards under section 7411 of this title and this section
applicable to solid waste incineration units with capacity equal
to or less than 250 tons per day combusting municipal waste and
units combusting hospital waste, medical waste and infectious
waste shall be promulgated not later than 24 months after
November 15, 1990.
(D) Standards under section 7411 of this title and this section
applicable to solid waste incineration units combusting
commercial or industrial waste shall be proposed not later than
36 months after November 15, 1990, and promulgated not later than
48 months after November 15, 1990.
(E) Not later than 18 months after November 15, 1990, the
Administrator shall publish a schedule for the promulgation of
standards under section 7411 of this title and this section
applicable to other categories of solid waste incineration units.
(2) Emissions standard
Standards applicable to solid waste incineration units
promulgated under section 7411 of this title and this section
shall reflect the maximum degree of reduction in emissions of air
pollutants listed under section )1(! (a)(4) that the
Administrator, taking into consideration the cost of achieving
such emission reduction, and any non-air quality health and
environmental impacts and energy requirements, determines is
achievable for new or existing units in each category. The
Administrator may distinguish among classes, types (including
mass-burn, refuse-derived fuel, modular and other types of
units), and sizes of units within a category in establishing such
standards. The degree of reduction in emissions that is deemed
achievable for new units in a category shall not be less
stringent than the emissions control that is achieved in practice
by the best controlled similar unit, as determined by the
Administrator. Emissions standards for existing units in a
category may be less stringent than standards for new units in
the same category but shall not be less stringent than the
average emissions limitation achieved by the best performing 12
percent of units in the category (excluding units which first met
lowest achievable emissions rates 18 months before the date such
standards are proposed or 30 months before the date such
standards are promulgated, whichever is later).
(3) Control methods and technologies
Standards under section 7411 of this title and this section
applicable to solid waste incineration units shall be based on
methods and technologies for removal or destruction of pollutants
before, during, or after combustion, and shall incorporate for
new units siting requirements that minimize, on a site specific
basis, to the maximum extent practicable, potential risks to
public health or the environment.
(4) Numerical emissions limitations
The performance standards promulgated under section 7411 of
this title and this section and applicable to solid waste
incineration units shall specify numerical emission limitations
for the following substances or mixtures: particulate matter
(total and fine), opacity (as appropriate), sulfur dioxide,
hydrogen chloride, oxides of nitrogen, carbon monoxide, lead,
cadmium, mercury, and dioxins and dibenzofurans. The
Administrator may promulgate numerical emissions limitations or
provide for the monitoring of postcombustion concentrations of
surrogate substances, parameters or periods of residence time in
excess of stated temperatures with respect to pollutants other
than those listed in this paragraph.
(5) Review and revision
Not later than 5 years following the initial promulgation of
any performance standards and other requirements under this
section and section 7411 of this title applicable to a category
of solid waste incineration units, and at 5 year intervals
thereafter, the Administrator shall review, and in accordance
with this section and section 7411 of this title, revise such
standards and requirements.
(b) Existing units
(1) Guidelines
Performance standards under this section and section 7411 of
this title for solid waste incineration units shall include
guidelines promulgated pursuant to section 7411(d) of this title
and this section applicable to existing units. Such guidelines
shall include, as provided in this section, each of the elements
required by subsection (a) of this section (emissions
limitations, notwithstanding any restriction in section 7411(d)
of this title regarding issuance of such limitations), subsection
(c) of this section (monitoring), subsection (d) of this section
(operator training), subsection (e) of this section (permits),
and subsection (h)(4) )2(! of this section (residual risk).
(2) State plans
Not later than 1 year after the Administrator promulgates
guidelines for a category of solid waste incineration units, each
State in which units in the category are operating shall submit
to the Administrator a plan to implement and enforce the
guidelines with respect to such units. The State plan shall be at
least as protective as the guidelines promulgated by the
Administrator and shall provide that each unit subject to the
guidelines shall be in compliance with all requirements of this
section not later than 3 years after the State plan is approved
by the Administrator but not later than 5 years after the
guidelines were promulgated. The Administrator shall approve or
disapprove any State plan within 180 days of the submission, and
if a plan is disapproved, the Administrator shall state the
reasons for disapproval in writing. Any State may modify and
resubmit a plan which has been disapproved by the Administrator.
(3) Federal plan
The Administrator shall develop, implement and enforce a plan
for existing solid waste incineration units within any category
located in any State which has not submitted an approvable plan
under this subsection with respect to units in such category
within 2 years after the date on which the Administrator
promulgated the relevant guidelines. Such plan shall assure that
each unit subject to the plan is in compliance with all
provisions of the guidelines not later than 5 years after the
date the relevant guidelines are promulgated.
(c) Monitoring
The Administrator shall, as part of each performance standard
promulgated pursuant to subsection (a) of this section and section
7411 of this title, promulgate regulations requiring the owner or
operator of each solid waste incineration unit -
(1) to monitor emissions from the unit at the point at which
such emissions are emitted into the ambient air (or within the
stack, combustion chamber or pollution control equipment, as
appropriate) and at such other points as necessary to protect
public health and the environment;
(2) to monitor such other parameters relating to the operation
of the unit and its pollution control technology as the
Administrator determines are appropriate; and
(3) to report the results of such monitoring.
Such regulations shall contain provisions regarding the frequency
of monitoring, test methods and procedures validated on solid waste
incineration units, and the form and frequency of reports
containing the results of monitoring and shall require that any
monitoring reports or test results indicating an exceedance of any
standard under this section shall be reported separately and in a
manner that facilitates review for purposes of enforcement actions.
Such regulations shall require that copies of the results of such
monitoring be maintained on file at the facility concerned and that
copies shall be made available for inspection and copying by
interested members of the public during business hours.
(d) Operator training
Not later than 24 months after November 15, 1990, the
Administrator shall develop and promote a model State program for
the training and certification of solid waste incineration unit
operators and high-capacity fossil fuel fired plant operators. The
Administrator may authorize any State to implement a model program
for the training of solid waste incineration unit operators and
high-capacity fossil fuel fired plant operators, if the State has
adopted a program which is at least as effective as the model
program developed by the Administrator. Beginning on the date 36
months after the date on which performance standards and guidelines
are promulgated under subsection (a) of this section and section
7411 of this title for any category of solid waste incineration
units it shall be unlawful to operate any unit in the category
unless each person with control over processes affecting emissions
from such unit has satisfactorily completed a training program
meeting the requirements established by the Administrator under
this subsection.
(e) Permits
Beginning (1) 36 months after the promulgation of a performance
standard under subsection (a) of this section and section 7411 of
this title applicable to a category of solid waste incineration
units, or (2) the effective date of a permit program under
subchapter V of this chapter in the State in which the unit is
located, whichever is later, each unit in the category shall
operate pursuant to a permit issued under this subsection and
subchapter V of this chapter. Permits required by this subsection
may be renewed according to the provisions of subchapter V of this
chapter. Notwithstanding any other provision of this chapter, each
permit for a solid waste incineration unit combusting municipal
waste issued under this chapter shall be issued for a period of up
to 12 years and shall be reviewed every 5 years after date of
issuance or reissuance. Each permit shall continue in effect after
the date of issuance until the date of termination, unless the
Administrator or State determines that the unit is not in
compliance with all standards and conditions contained in the
permit. Such determination shall be made at regular intervals
during the term of the permit, such intervals not to exceed 5
years, and only after public comment and public hearing. No permit
for a solid waste incineration unit may be issued under this
chapter by an agency, instrumentality or person that is also
responsible, in whole or part, for the design and construction or
operation of the unit. Notwithstanding any other provision of this
subsection, the Administrator or the State shall require the owner
or operator of any unit to comply with emissions limitations or
implement any other measures, if the Administrator or the State
determines that emissions in the absence of such limitations or
measures may reasonably be anticipated to endanger public health or
the environment. The Administrator's determination under the
preceding sentence is a discretionary decision.
(f) Effective date and enforcement
(1) New units
Performance standards and other requirements promulgated
pursuant to this section and section 7411 of this title and
applicable to new solid waste incineration units shall be
effective as of the date 6 months after the date of promulgation.
(2) Existing units
Performance standards and other requirements promulgated
pursuant to this section and section 7411 of this title and
applicable to existing solid waste incineration units shall be
effective as expeditiously as practicable after approval of a
State plan under subsection (b)(2) of this section (or
promulgation of a plan by the Administrator under subsection
(b)(3) of this section) but in no event later than 3 years after
the State plan is approved or 5 years after the date such
standards or requirements are promulgated, whichever is earlier.
(3) Prohibition
After the effective date of any performance standard, emission
limitation or other requirement promulgated pursuant to this
section and section 7411 of this title, it shall be unlawful for
any owner or operator of any solid waste incineration unit to
which such standard, limitation or requirement applies to operate
such unit in violation of such limitation, standard or
requirement or for any other person to violate an applicable
requirement of this section.
(4) Coordination with other authorities
For purposes of sections 7411(e), 7413, 7414, 7416, 7420, 7603,
7604, 7607 of this title and other provisions for the enforcement
of this chapter, each performance standard, emission limitation
or other requirement established pursuant to this section by the
Administrator or a State or local government, shall be treated in
the same manner as a standard of performance under section 7411
of this title which is an emission limitation.
(g) Definitions
For purposes of section 306 of the Clean Air Act Amendments of
1990 and this section only -
(1) Solid waste incineration unit
The term "solid waste incineration unit" means a distinct
operating unit of any facility which combusts any solid waste
material from commercial or industrial establishments or the
general public (including single and multiple residences, hotels,
and motels). Such term does not include incinerators or other
units required to have a permit under section 3005 of the Solid
Waste Disposal Act [42 U.S.C. 6925]. The term "solid waste
incineration unit" does not include (A) materials recovery
facilities (including primary or secondary smelters) which
combust waste for the primary purpose of recovering metals, (B)
qualifying small power production facilities, as defined in
section 796(17)(C) of title 16, or qualifying cogeneration
facilities, as defined in section 796(18)(B) of title 16, which
burn homogeneous waste (such as units which burn tires or used
oil, but not including refuse-derived fuel) for the production of
electric energy or in the case of qualifying cogeneration
facilities which burn homogeneous waste for the production of
electric energy and steam or forms of useful energy (such as
heat) which are used for industrial, commercial, heating or
cooling purposes, or (C) air curtain incinerators provided that
such incinerators only burn wood wastes, yard wastes and clean
lumber and that such air curtain incinerators comply with opacity
limitations to be established by the Administrator by rule.
(2) New solid waste incineration unit
The term "new solid waste incineration unit" means a solid
waste incineration unit the construction of which is commenced
after the Administrator proposes requirements under this section
establishing emissions standards or other requirements which
would be applicable to such unit or a modified solid waste
incineration unit.
(3) Modified solid waste incineration unit
The term "modified solid waste incineration unit" means a solid
waste incineration unit at which modifications have occurred
after the effective date of a standard under subsection (a) of
this section if (A) the cumulative cost of the modifications,
over the life of the unit, exceed 50 per centum of the original
cost of construction and installation of the unit (not including
the cost of any land purchased in connection with such
construction or installation) updated to current costs, or (B)
the modification is a physical change in or change in the method
of operation of the unit which increases the amount of any air
pollutant emitted by the unit for which standards have been
established under this section or section 7411 of this title.
(4) Existing solid waste incineration unit
The term "existing solid waste incineration unit" means a solid
waste unit which is not a new or modified solid waste
incineration unit.
(5) Municipal waste
The term "municipal waste" means refuse (and refuse-derived
fuel) collected from the general public and from residential,
commercial, institutional, and industrial sources consisting of
paper, wood, yard wastes, food wastes, plastics, leather, rubber,
and other combustible materials and non-combustible materials
such as metal, glass and rock, provided that: (A) the term does
not include industrial process wastes or medical wastes that are
segregated from such other wastes; and (B) an incineration unit
shall not be considered to be combusting municipal waste for
purposes of section 7411 of this title or this section if it
combusts a fuel feed stream, 30 percent or less of the weight of
which is comprised, in aggregate, of municipal waste.
(6) Other terms
The terms "solid waste" and "medical waste" shall have the
meanings established by the Administrator pursuant to the Solid
Waste Disposal Act [42 U.S.C. 6901 et seq.].
(h) Other authority
(1) State authority
Nothing in this section shall preclude or deny the right of any
State or political subdivision thereof to adopt or enforce any
regulation, requirement, limitation or standard relating to solid
waste incineration units that is more stringent than a
regulation, requirement, limitation or standard in effect under
this section or under any other provision of this chapter.
(2) Other authority under this chapter
Nothing in this section shall diminish the authority of the
Administrator or a State to establish any other requirements
applicable to solid waste incineration units under any other
authority of law, including the authority to establish for any
air pollutant a national ambient air quality standard, except
that no solid waste incineration unit subject to performance
standards under this section and section 7411 of this title shall
be subject to standards under section 7412(d) of this title.
(3) Residual risk
The Administrator shall promulgate standards under section
7412(f) of this title for a category of solid waste incineration
units, if promulgation of such standards is required under
section 7412(f) of this title. For purposes of this )3(!
preceding sentence only -
(A) the performance standards under subsection (a) of this
section and section 7411 of this title applicable to a category
of solid waste incineration units shall be deemed standards
under section 7412(d)(2) of this title, and
(B) the Administrator shall consider and regulate, if
required, the pollutants listed under subsection (a)(4) of this
section and no others.
(4) Acid rain
A solid waste incineration unit shall not be a utility unit as
defined in subchapter IV-A of this chapter: Provided, That, more
than 80 per centum of its annual average fuel consumption
measured on a Btu basis, during a period or periods to be
determined by the Administrator, is from a fuel (including any
waste burned as a fuel) other than a fossil fuel.
(5) Requirements of parts C and D
No requirement of an applicable implementation plan under
section 7475 of this title (relating to construction of
facilities in regions identified pursuant to section
7407(d)(1)(A)(ii) or (iii) of this title) or under section
7502(c)(5) of this title (relating to permits for construction
and operation in nonattainment areas) may be used to weaken the
standards in effect under this section.
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