
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC7429]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
            CHAPTER 85--AIR POLLUTION PREVENTION AND CONTROL
 
                  SUBCHAPTER I--PROGRAMS AND ACTIVITIES
 
              Part A--Air Quality and Emission Limitations
 
Sec. 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).
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    \1\ So in original. Probably should be ``subsection''.
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                (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).
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    \2\ So in original. Probably should be subsection ``(h)(3)''.
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                           (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--
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    \3\ So in original. Probably should be ``the''.
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            (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.

(July 14, 1955, ch. 360, title I, Sec. 129, as added Pub. L. 101-549, 
title III, Sec. 305(a), Nov. 15, 1990, 104 Stat. 2577.)

                       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, Sec. 2, Oct. 21, 1976, 90 Stat. 2795, which 
is classified generally to chapter 82 (Sec. 6901 et seq.) of this title. 
For complete classification of this Act to the Code, see Short Title 
note set out under section 6901 of this title and Tables.


                Review of Acid Gas Scrubbing Requirements

    Section 305(c) of Pub. L. 101-549 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 section 129 of the Clean Air Act.''

                  Section Referred to in Other Sections

    This section is referred to in sections 7413, 7414, 7607 of this 
title.
