EPA Proposes New Waste Combustion Emissions Limits Under The Clean Air Act

Among the U.S. Environmental Protection Agency's ("EPA") latest environmental initiatives is its proposal to amend the 1995 Standards of Performance for New Stationary Sources and Emission Guidelines for Existing Sources: Large Municipal Waste Combustors ("LMWCs"). On January 11, 2024, EPA announced proposed rules that would increase the stringency of Clean Air Act standards applicable to facilities that burn 250 tons or more of municipal solid waste per day.

For new sources, the proposed rules would limit emissions of nine pollutants, including particulate matter, sulfur dioxide, hydrogen chloride, nitrogen oxides, carbon monoxide, lead, cadmium, mercury, and dioxins/furans. For existing sources, the proposed rules would revise emissions limits for all nine of the above pollutants except for carbon monoxide limits for two subcategories of combustors. Clients should consider the impact of the proposed rules on waste-to-energy systems and other operations that