Federal Plan requirements for Other Solid Waste Incinerators

On June 30, 2025, the EPA promulgated the final Standards of Performance for New Stationary Sources and Emission Guidelines for Existing Sources: Other Solid Waste Incineration (OSWI) Units Review (90 FR 27910). The Clean Air Act (CAA) directs states with OSWI units subject to the Emission Guidelines to submit plans to the EPA that implement and enforce the Emission Guidelines. The Emission Guidelines contain model rule language that states can use for implementation. If a state with existing OSWI units does not submit an approvable plan by June 30, 2026, the EPA has a statutory requirement to develop, implement, and enforce a Federal plan for OSWI units in the state. This action will propose and promulgate a Federal plan to implement Emission Guidelines for OSWI units located in states and Indian country without effective state or Tribal plans.