EPA Approves Alabama Emissions Guidelines for CISWI Units

The U.S. Environmental Protection Agency (EPA) is taking final action to approve a state plan submitted by the state of Alabama, through the Alabama Department of Environmental Management on May 19, 2017, and supplemented on October 24, 2017, for implementing and enforcing the emissions guidelines (EG) applicable to existing commercial and industrial solid waste incineration (CISWI) units.

The state plan provides for implementation and enforcement of the EG, as finalized by EPA on June 23, 2016, applicable to existing CISWI units for which construction commenced on or before June 4, 2010, or for which modification or reconstruction commenced after June 4, 2010, but no later than August 7, 2013. The state plan establishes emission limits, monitoring, operating, recordkeeping and reporting requirements for affected CISWI units.

This rule will be effective on February 10, as reported in the Federal Register.

Section 129 of the Clean Air Act (CAA) directs the administrator to develop regulations limiting emissions of nine air pollutants (particulate matter, carbon monoxide, dioxins/furans, sulfur dioxide, nitrogen oxides, hydrogen chloride, lead, mercury and cadmium) from four categories of solid waste incineration units: Municipal solid waste incinerators; hospital, medical and infectious solid waste incinerators; commercial and industrial solid waste incinerators; and other solid waste incinerators.

On December 1, 2000, EPA promulgated new source performance standards (NSPS) and EG to reduce air pollution from CISWI units. Following promulgation of the 2011 CISWI rule, EPA received petitions requesting that it reconsider numerous provisions in the rule. EPA granted reconsideration on certain issues, and, subsequently, on February 7, 2013, EPA promulgated a CISWI reconsideration rule.

Following the 2013 CISWI reconsideration rule, EPA received petitions to reconsider certain provisions of the NSPS and EG for CISWI units. On January 21, 2015, EPA granted reconsideration on four specific issues and, subsequently, on June 23, 2016, EPA finalized reconsideration of the CISWI NSPS and EG.

CAA requires states to submit to EPA for approval plans and revisions that implement and enforce the EG. State plans and revisions must be at least as protective as the EG and become federally enforceable upon approval by EPA.

On March 14, 2014, Alabama submitted a state plan to implement and enforce the EG for existing CISWI units in the state. On May 19, 2017, Alabama submitted a revised plan, which was supplemented on October 24, 2017.

In a notice of proposed rulemaking published on June 5, 2018, EPA proposed to approve Alabama's state plan. EPA is taking final action to approve Alabama's state plan to implement and enforce the EG for existing CISWI units in the state, as submitted on May 19, 2017, and supplemented on October 24, 2017. EPA is taking this action because it has concluded that Alabama's state plan is consistent with sections 111(d) and 129 of the CAA. As part of this action, EPA is incorporating by reference Alabama Rule 335-3-3-.05 effective, as a matter of state law, December 8, 2017. Alabama Rule 335-3-3-.05 includes emission limits, operating limits, monitoring requirements, recordkeeping requirements, reporting requirements and operator training and qualification requirements applicable to affected CISWI units.