U.S Code last checked for updates: Apr 27, 2024
All TitlesTitle 42Chapter 85Subchapter IPart A
§ 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
(3)
Control methods and technologies
(4)
Numerical emissions limitations
(5)
Review and revision
(b)
Existing units
(1)
Guidelines
(2)
State plans
(3)
Federal plan
(c)
Monitoring
The Administrator shall, as part of each performance standard promulgated pursuant to subsection (a) 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
(e)
Permits
(f)
Effective date and enforcement
(1)
New units
(2)
Existing units
(3)
Prohibition
(4)
Coordination with other authorities
(g)
Definitions
For purposes of section 306 of the Clean Air Act Amendments of 1990 and this section only—
(1)
Solid waste incineration unit
(2)
New solid waste incineration unit
(3)
Modified solid waste incineration unit
(4)
Existing solid waste incineration unit
(5)
Municipal waste
(6)
Other terms
(h)
Other authority
(1)
State authority
(2)
Other authority under this chapter
(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
3
 So in original. Probably should be “the”.
preceding sentence only—
(A)
the performance standards under subsection (a) 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) and no others.
(4)
Acid rain
(5)
Requirements of parts C and D
(July 14, 1955, ch. 360, title I, § 129, as added Pub. L. 101–549, title III, § 305(a), Nov. 15, 1990, 104 Stat. 2577.)
cite as: 42 USC 7429
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