42 U.S.C. § 7429 — Solid waste combustion

Page 7252 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 7429 1 So in original. Probably should be ‘‘subsection’’. out as an Effective Date of 1977 Amendment note under section 7401 of this title. § 7429. Solid waste combustion (a) New source performance standards (1) In general (A) The Administrator shall establish per- formance standards and other requirements pursuant to section 7411 of this title and this section for each category of solid waste incin- eration 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 in- cineration 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 sub- paragraph shall alter any schedule for the pro- mulgation 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 subse- quently modified pursuant to the schedule es- tablished 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 in- cineration 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 in- cineration units combusting commercial or in- dustrial waste shall be proposed not later than 36 months after November 15, 1990, and pro- mulgated not later than 48 months after No- vember 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 inciner- ation 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 environ- mental impacts and energy requirements, de- termines is achievable for new or existing units in each category. The Administrator may distinguish among classes, types (includ- ing mass-burn, refuse-derived fuel, modular and other types of units), and sizes of units within a category in establishing such stand- ards. 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 deter- mined by the Administrator. Emissions stand- ards for existing units in a category may be less stringent than standards for new units in the same category but shall not be less strin- gent 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 pro- posed or 30 months before the date such stand- ards are promulgated, whichever is later). (3) Control methods and technologies Standards under section 7411 of this title and this section applicable to solid waste inciner- ation units shall be based on methods and technologies for removal or destruction of pol- lutants before, during, or after combustion, and shall incorporate for new units siting re- quirements that minimize, on a site specific basis, to the maximum extent practicable, po- tential risks to public health or the environ- ment. (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 limita- tions for the following substances or mixtures: particulate matter (total and fine), opacity (as appropriate), sulfur dioxide, hydrogen chlo- ride, oxides of nitrogen, carbon monoxide, lead, cadmium, mercury, and dioxins and dibenzofurans. The Administrator may pro- mulgate numerical emissions limitations or provide for the monitoring of postcombustion concentrations of surrogate substances, pa- rameters or periods of residence time in excess of stated temperatures with respect to pollut- ants 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 cat- egory of solid waste incineration units, and at 5 year intervals thereafter, the Administrator shall review, and in accordance with this sec- tion 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 in- cineration units shall include guidelines pro- mulgated pursuant to section 7411(d) of this title and this section applicable to existing units. Such guidelines shall include, as pro- vided in this section, each of the elements re- quired by subsection (a) (emissions limita- tions, notwithstanding any restriction in sec- tion 7411(d) of this title regarding issuance of such limitations), subsection (c) (monitoring), Page 7253 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 7429 2 So in original. Probably should be subsection ‘‘(h)(3)’’. subsection (d) (operator training), subsection (e) (permits), and subsection (h)(4) 2 (residual risk). (2) State plans Not later than 1 year after the Adminis- trator 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 re- spect to such units. The State plan shall be at least as protective as the guidelines promul- gated 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 dis- approved by the Administrator. (3) Federal plan The Administrator shall develop, implement and enforce a plan for existing solid waste in- cineration units within any category located in any State which has not submitted an ap- provable plan under this subsection with re- spect to units in such category within 2 years after the date on which the Administrator pro- mulgated 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 per- formance standard promulgated pursuant to subsection (a) and section 7411 of this title, pro- mulgate regulations requiring the owner or op- erator 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 relat- ing to the operation of the unit and its pollu- tion control technology as the Administrator determines are appropriate; and (3) to report the results of such monitoring. Such regulations shall contain provisions re- garding the frequency of monitoring, test meth- ods and procedures validated on solid waste in- cineration 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 pur- poses 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 avail- able 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 pro- mote 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 author- ize any State to implement a model program for the training of solid waste incineration unit op- erators and high-capacity fossil fuel fired plant operators, if the State has adopted a program which is at least as effective as the model pro- gram developed by the Administrator. Begin- ning on the date 36 months after the date on which performance standards and guidelines are promulgated under subsection (a) and section 7411 of this title for any category of solid waste incineration units it shall be unlawful to oper- ate 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 es- tablished by the Administrator under this sub- section. (e) Permits Beginning (1) 36 months after the promulga- tion of a performance standard under subsection (a) 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 in the State in which the unit is located, whichever is later, each unit in the cat- egory shall operate pursuant to a permit issued under this subsection and subchapter V. Permits required by this subsection may be renewed ac- cording to the provisions of subchapter V. Not- withstanding any other provision of this chap- ter, 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 deter- mination shall be made at regular intervals dur- ing 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 chap- ter by an agency, instrumentality or person that is also responsible, in whole or part, for the de- sign and construction or operation of the unit. Notwithstanding any other provision of this sub- section, the Administrator or the State shall re- quire the owner or operator of any unit to com- ply 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 determina- tion under the preceding sentence is a discre- tionary decision. Page 7254 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 7429 (f) Effective date and enforcement (1) New units Performance standards and other require- ments promulgated pursuant to this section and section 7411 of this title and applicable to new solid waste incineration units shall be ef- fective as of the date 6 months after the date of promulgation. (2) Existing units Performance standards and other require- ments 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) (or promulgation of a plan by the Ad- ministrator under subsection (b)(3)) but in no event later than 3 years after the State plan is approved or 5 years after the date such stand- ards or requirements are promulgated, which- ever is earlier. (3) Prohibition After the effective date of any performance standard, emission limitation or other re- quirement promulgated pursuant to this sec- tion 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 limita- tion, 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 limita- tion or other requirement established pursu- ant 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 mul- tiple 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 pri- mary purpose of recovering metals, (B) quali- fying small power production facilities, as de- fined in section 796(17)(C) of title 16, or quali- fying cogeneration facilities, as defined in sec- tion 796(18)(B) of title 16, which burn homo- geneous 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 produc- tion 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 pro- vided 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) if (A) the cumulative cost of the modifica- tions, 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, commer- cial, institutional, and industrial sources con- sisting of paper, wood, yard wastes, food wastes, plastics, leather, rubber, and other combustible materials and non-combustible materials such as metal, glass and rock, pro- vided that: (A) the term does not include in- dustrial 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 aggre- gate, 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.]. Page 7255 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 7432 3 So in original. Probably should be ‘‘the’’. (h) Other authority (1) State authority Nothing in this section shall preclude or deny the right of any State or political sub- division thereof to adopt or enforce any regu- lation, requirement, limitation or standard re- lating to solid waste incineration units that is more stringent than a regulation, require- ment, 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 am- bient air quality standard, except that no solid waste incineration unit subject to perform- ance 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 stand- ards under section 7412(f) of this title for a cat- egory of solid waste incineration units, if pro- mulgation 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 sub- section (a) and section 7411 of this title ap- plicable to a category of solid waste inciner- ation 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) and no others. (4) Acid rain A solid waste incineration unit shall not be a utility unit as defined in subchapter IV–A: 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 implemen- tation plan under section 7475 of this title (re- lating 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 construc- tion and operation in nonattainment areas) may be used to weaken the standards in effect under this section. (July 14, 1955, ch. 360, title I, § 129, as added Pub. L. 101–549, title III, § 305(a), Nov. 15, 1990, 104 Stat. 2577.) Editorial Notes REFERENCES IN TEXT Section 306 of the Clean Air Act Amendments of 1990, referred to in subsec. (g), probably means section 306 of Pub. L. 101–549, which is set out as a note under section 6921 of this title. The Solid Waste Disposal Act, referred to in subsec. (g)(6), is title II of Pub. L. 89–272, Oct. 20, 1965, 79 Stat. 997, as amended generally by Pub. L. 94–580, § 2, Oct. 21, 1976, 90 Stat. 2795, which is classified generally to chap- ter 82 (§ 6901 et seq.) of this title. For complete classi- fication of this Act to the Code, see Short Title note set out under section 6901 of this title and Tables. Statutory Notes and Related Subsidiaries REVIEW OF ACID GAS SCRUBBING REQUIREMENTS Pub. L. 101–549, title III, § 305(c), Nov. 15, 1990, 104 Stat. 2583, provided that: ‘‘Prior to the promulgation of any performance standard for solid waste incineration units combusting municipal waste under section 111 or section 129 of the Clean Air Act [42 U.S.C. 7411, 7429], the Administrator shall review the availability of acid gas scrubbers as a pollution control technology for small new units and for existing units (as defined in 54 Federal Register 52190 (December 20, 1989)[)], taking into account the provisions of subsection (a)(2) of sec- tion 129 of the Clean Air Act.’’ § 7430. Emission factors Within 6 months after November 15, 1990, and at least every 3 years thereafter, the Adminis- trator shall review and, if necessary, revise, the methods (‘‘emission factors’’) used for purposes of this chapter to estimate the quantity of emis- sions of carbon monoxide, volatile organic com- pounds, and oxides of nitrogen from sources of such air pollutants (including area sources and mobile sources). In addition, the Administrator shall establish emission factors for sources for which no such methods have previously been es- tablished by the Administrator. The Adminis- trator shall permit any person to demonstrate improved emissions estimating techniques, and following approval of such techniques, the Ad- ministrator shall authorize the use of such tech- niques. Any such technique may be approved only after appropriate public participation. Until the Administrator has completed the revi- sion required by this section, nothing in this section shall be construed to affect the validity of emission factors established by the Adminis- trator before November 15, 1990. (July 14, 1955, ch. 360, title I, § 130, as added Pub. L. 101–549, title VIII, § 804, Nov. 15, 1990, 104 Stat. 2689.) § 7431. Land use authority Nothing in this chapter constitutes an in- fringement on the existing authority of counties and cities to plan or control land use, and noth- ing in this chapter provides or transfers author- ity over such land use. (July 14, 1955, ch. 360, title I, § 131, as added Pub. L. 101–549, title VIII, § 805, Nov. 15, 1990, 104 Stat. 2689.) § 7432. Clean heavy-duty vehicles (a) Appropriations (1) In general In addition to amounts otherwise available, there is appropriated to the Administrator for fiscal year 2022, out of any money in the Treasury not otherwise appropriated, $600,000,000, to remain available until Sep- tember 30, 2031, to carry out this section.