Federal Plan Requirements for Other Solid Waste Incineration Units That Commenced Construction on or Before August 31, 2020, and Have Not Been Modified or Reconstructed After August 29, 2025
Published Date: 7/2/2026
Proposed Rule
Summary
The EPA is setting new rules for certain trash-burning facilities built by August 31, 2020, that haven’t been changed after August 29, 2025. If states or tribes don’t make their own plans by June 30, 2027, the EPA will step in with a federal plan to keep pollution in check. This means cleaner air and clear deadlines for those running these incinerators, with some costs likely to cover upgrades or compliance.
Analyzed Economic Effects
7 provisions identified: 0 benefits, 6 costs, 1 mixed.
Which incinerators are covered
The Federal plan would apply to existing other solid waste incineration (OSWI) units that commenced construction on or before August 31, 2020 and have not been modified or reconstructed after August 29, 2025. The Federal plan applies to an OSWI unit in any State or Tribal area that does not have an approved and effective State or Tribal plan as of the effective date of the final Federal plan.
Final compliance deadline set
Owners and operators of affected OSWI units must come into compliance with the Federal plan requirements by July 1, 2030. The rule reiterates that compliance for existing units cannot be later than July 1, 2030 or within three years from State plan approval (or promulgation of a Federal plan), whichever is earlier.
EPA steps in if no State plan
If a State or Tribe does not submit an approvable plan by June 30, 2027, the EPA will develop, implement, and enforce a Federal plan for existing OSWI units in that State or area of Indian Country. The Federal plan will become effective 30 days after final promulgation of the Federal plan.
Simplified compliance for small units (<=10 TPD)
OSWI units with capacities less than or equal to 10 tons per day (TPD) may use the proposed substitute means of compliance demonstration (SMCD). These <=10 TPD units are not required to use continuous emissions monitoring systems (CEMS) under the SMCD and need only recordkeeping and reporting to demonstrate compliance.
Waste management plan deadline
Owners and operators must submit a written waste management plan that describes feasibility and methods to reduce or separate waste components (for example paper, cardboard, plastics, glass, batteries, or metals). The waste management plan must be submitted no later than 60 days after the initial performance test.
Operator training and annual refresher
The Federal plan requires that operators or their supervisors (at least one per facility) complete an operator training course and an annual review or refresher course. These operator training and qualification requirements correspond to the 2025 revised emission guidelines.
Testing, monitoring, and cost estimates
The proposed Federal plan adopts the 2025 revised EG testing, monitoring, recordkeeping, and reporting requirements; the EPA estimated the total cost impacts of testing, add-on controls, monitoring, and recordkeeping and reporting in the 2025 revised EG. The EPA states it anticipates a de minimis increase in burden for affected sources but recognizes testing and monitoring can impose substantial financial and technical challenges.
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