Emission Guidelines for
Commercial and Industrial Solid Waste Incineration (CISWI) Units
(40 CFR part 60, subpart DDDD) (Final Rule)
Revision of a currently approved collection
No
Regular
06/30/2025
Requested
Previously Approved
36 Months From Approved
06/30/2025
169
151
8,660
9,890
12,300,000
11,000,000
Previously, the EPA issued New Source
Performance Standards (NSPS) (40 CFR Part 60, Subpart CCCC) and
Emission Guidelines (40 CFR Part 60, Subpart DDDD) for Commercial
and Industrial Solid Waste Incineration (CISWI) Units as
promulgated on December 1, 2000 (65 FR 75338) and March 21, 2011
(76 FR 15769), and subsequently amended on: February 7, 2013 (78 FR
9195); June 23, 2016 (81 FR 41001); April 16, 2019 (84 FR 15846);
and Oct. 7, 2020 (85 FR 63406) . The Emission Guidelines apply to
any air quality program in either a state or a United States
protectorate with one or more existing CISWI units. The guidelines
can be thought of as model regulations that States use in
developing State plans to implement the Emission Guidelines. If a
state does not develop, adopt, and submit an approvable state plan,
the Environmental Protection Agency (EPA) develops a Federal plan
to implement the Emission Guidelines. The EPA previously
promulgated a Federal Plan for CISWI units subject to the December
1, 2000 final rule on October 3, 2003 (68 FR 57518) under 40 CFR
Part 62, Subpart III. On January 11, 2017, the EPA proposed
amendments to the Federal plan requirements at 40 CFR Part 62,
Subpart III to implement the regulations at 40 CFR Part 60, Subpart
DDDD adopted on February 7, 2013, and as amended on June 23, 2016,
and April 16, 2019. The EPA is subsequently finalizing the revised
Federal Plan under new subpart 40 CFR Part 62, Subpart IIIa.
Following the effective date of the final rule, the requirements of
40 CFR Part 62, Subpart III will no longer be in effect and all
existing units subject to the Federal Plan must meet the
requirements of 40 CFR Part 62, Subpart IIIa. These regulations
will apply to existing CISWI units (units that commenced
construction on or before June 4, 2010, or commenced modification
or reconstruction after June 4, 2010 but no later than August 7,
2013) that are not regulated by an EPA approved and currently
effective State or Tribal plan, or that are located in any state
whose approved State or Tribal plan is only approved in part. Since
EPA is finalizing the updated Federal plan at 40 CFR Part 62,
Subpart IIIa, following the effective date of the final rule, all
respondents previously subject to Subpart DDDD are now subject to
either a State plan implementing 40 CFR Part 60, Subpart DDDD or
are subject to the Federal plan under 40 CFR Part 62, Subpart IIIa,
or if they have modified since August 7, 2013, they are subject to
the NSPS at 40 CFR Part 60, Subpart CCCC. This information is thus
being collected to assure compliance with 40 CFR Part 60, Subpart
DDDD and 40 CFR Part 62, Subpart IIIa. The Federal Plan implements
the Emissions Guidelines at 40 CFR Part 60, Subpart DDDD. In
general, all Emissions Guidelines require initial notifications,
performance tests, and periodic reports by the owners/operators of
the affected facilities. They are also required to maintain records
of the occurrence and duration of any startup, shutdown, or
malfunction in the operation of an affected facility, or any period
during which the monitoring system is inoperative. These
notifications, reports, and records are essential in determining
compliance, and are required of all affected facilities subject to
Emission Guidelines.
The decrease in burden from the
most-recently approved ICR is due to an adjustment. The adjustment
decrease in burden from the most-recently approved ICR is due to a
decrease in the number of respondents and to reflect the
implementation of the Federal Plan. This action finalizes the CISWI
Federal plan to implement the Emission Guidelines adopted on
February 7, 2013, for those states that do not have a fully
approved state plan implementing the Emission Guidelines. While
this action is believed to result in no changes to the information
collection requirements of the 2013 CISWI rule, it does implement
the CISWI standards to a subset of existing units that will be
regulated by implementing this final action. This ICR reflects the
average annual respondents and burden for the rule activities
following implementation of 40 CFR Part 62, Subpart IIIa. The
number of respondents has been adjusted in this ICR based on
adjustments to the regulatory database developed in consultation
with internal experts at OAQPS and based on an inventory of
facilities subject to the provisions of 40 CFR Part 60, Subpart
DDDD implemented under approved State plans versus CISWI subject to
the Federal plan at 40 CFR Part 62, Subpart IIIa (i.e., CISWI that
are not regulated by an EPA approved and currently effective State
or Tribal plan, or that are located in any state whose approved
State or Tribal plan is only approved in part). The adjusted number
of respondents also reflects the addition of certain air curtain
incineration units as newly identified by the Agency, and the
removal of certain small remote incinerators to reflect
prohibitions on implementation of CISWI standards to units in the
State of Alaska. This ICR therefore reflects a decrease in the
total number of respondents subject to the rule. There is a
decrease in the operation and maintenance costs from the
most-recently approved ICR. The decrease in operation and
maintenance costs is due to the decreased in the number of
respondents; this ICR also adjusts the number of respondents
expected to conduct initial activities (e.g., reviewing the rule,
conducting performance tests, implementing operator training plans,
and submitting waste management plans) due to the implementation of
the Federal Plan during the three-year period of this ICR. There is
no change in the capital costs because the number of respondents
expected to have installed controls and monitoring equipment is
unchanged. Based on reviews of permits for units potentially
subject to the Federal Plan, we have determined that sources have
either ceased burning waste or have made control device retrofits
in the period of time since the proposed rule was published. This
ICR also adjusts the number of respondents for which the
requirements of subpart DDDD are implemented under State plans and
a Federal plan to include the burden on State and local agencies.
As of April 18, 2024, EPA data indicates that 46 CISWI and 40
facilities are not regulated by an EPA approved and currently
effective State or Tribal plan and would be subject to the Federal
Plan. The remainder of these landfills are covered by a State or
Tribal plans.
$253,300
No
No
No
No
No
No
No
Muntasir Ali 919
541-0833
No
On behalf of this Federal agency, I certify that
the collection of information encompassed by this request complies
with 5 CFR 1320.9 and the related provisions of 5 CFR
1320.8(b)(3).
The following is a summary of the topics, regarding
the proposed collection of information, that the certification
covers:
(i) Why the information is being collected;
(ii) Use of information;
(iii) Burden estimate;
(iv) Nature of response (voluntary, required for a
benefit, or mandatory);
(v) Nature and extent of confidentiality; and
(vi) Need to display currently valid OMB control
number;
If you are unable to certify compliance with any of
these provisions, identify the item by leaving the box unchecked
and explain the reason in the Supporting Statement.
2385ss09.docx
2385t09_draft.xlsx
Emission Guidelines for Existing Sources: Commercial and Industrial Solid Waste Incineration (CISWI) units (40 CFR part 60, subpart DDDD)