Nov 14, 2018

Solid Waste Incineration Units / Emission Guidelines

Emission Guidelines: Trash Incinerator

On November 13, the U.S. EPA submitted a notice of a continuing information collection request regarding emission guidelines for existing solid waste incineration units.  The information request affects existing facilities and new solid waste incineration units – including very small municipal waste combustion units and institutional waste incineration units.  The request is seeking information regarding initial notifications, performance tests, and periodic reports by the owners and operators of the affected facilities.  The EPA is also seeking additional information on the maintenance of records and the occurrence and duration of any start-up, shutdown, or malfunction in the operation of an affected… Read more

Mar 9, 2015

EPA Defends Standards for Air Toxics from Solid Waste Incinerators

The EPA is currently defending its process for establishing standards for emissions of hazardous air pollutants from solid waste incinerators before the D.C. Court of Appeals.[1] Historically, EPA takes a pollutant-by-pollutant approach when determining maximum achievable control technology (MACT) standards for commercial and industrial solid waste incineration units. Industry groups have attacked the EPA’s approach which resulted in standards that cannot actually be achieved by existing industrial incinerators. These groups argue that the Clean Air Act requires EPA to set MACT standards based on average overall industry emissions, rather than selecting the best performing units for each individual pollutant. Conversely,… Read more

Mar 2, 2015

Federal Court: Manure From Dairy is Solid Waste Regulated by RCRA

In a first-time ruling, the U.S. District Court for the Eastern District of Washington ruled in January that manure from a dairy is solid waste regulated under the Resource Conservation and Recovery Act (RCRA), and that excessive spreading of manure on agricultural fields, and leachate from storage lagoons, present an imminent and substantial endangerment that can be enjoined through a citizen suit under RCRA. Community Association for Restoration of the Environment (CARE) v. Cow Palace, LLC, No. 13-CV-3016-TOR (E.D. Wash. 1/14/15).  Judge Thomas Rice granted summary judgment to CARE, holding that when excessive manure is applied to crops without regard for… Read more

May 13, 2013

Industry and Environmental Groups Challenge New Rules for Commercial and Industrial Solid Waste Incinerators

Petitions have been filed in the U.S. Circuit Court of Appeals, District of Columbia Circuit, challenging EPA rules, finalized in December, for control of emission of hazardous air pollutants from commercial and industrial solid waste incinerators (CISWI).  The petitions, filed by industry and environmental groups, also challenge a companion EPA rule defining non-hazardous secondary materials (NHSM), under which EPA determines whether materials used as fuels cause a facility to be governed by the maximum achievable control technology rule for emissions from boilers (Boiler MACT) or the CISWI rule.  The new petitions join already pending challenges to EPA’s Boiler MACT rule…. Read more

Dec 14, 2012

EPA Proposes Revised Definition of Solid Waste

In July of 2011, the EPA proposed revisions of the 2008 definition of Solid Waste.  The proposed rule would remove the exclusion for hazardous, secondary materials sent to third party recyclers, and notification and storage requirements for facilities that recycle hazardous secondary materials onsite or within the same company.  It would also require all hazardous waste recycling to meet federal recycling standards, and create a petition process for facility owners to show the legitimacy of their recycling practices.  Industry groups representing the metal recycling, fertilizer, specialty chemical and mining industries have indicated that there could be a legal challenge to… Read more