Winter 2004-07 SIP revisions to control emissions from solid waste incineration units

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Number 54
Winter 2004

SIP revisions to control emissions from solid waste incineration units

On October 30, 2003, the U.S. Environmental Protection Agency issued its final approval of Puerto Rico's State Implementation Plan ("SIP") revisions for the implementation and enforcement of emissions guidelines.

Promulgated by EPA on December 1, 2000, and applicable to existing commercial and industrial solid waste incineration units ("CISWI"),these guidelines apply to CISWI units for which construction commenced on or before November 30, 1999. The approved plan approved establishes emission limits for organics, carbon monoxide, metals, acid gases and particulate matter, as well as compliance schedules for existing CISWI units throughout Puerto Rico.

EPA's approval comes after an evaluation of the CISWI plan submitted by the Environmental Quality Board ("EQB") on May 20, 2003, to implement the emission guidelines of 40 C.F.R Part 60, Subpart DDDD. The plan was deemed by EPA to be consistent with the federal Clean Air Act and its corresponding emission guidelines and policy. Therefore, EQB successfully completed the process of obtaining federal approval of its plan to control air emissions of designated pollutants from existing CISWI's and the revisions to Rule 102 (Definitions) and 405 (Incineration) of the Puerto Rico Regulations for the Control of Atmospheric Pollution ("RCAP"). Most importantly, EPA's approval of the SIP means that the amendments to the RCAP now become federally enforceable.

The rule is set to become effective on December 30, 2003, unless adverse comments are received by December 1, 2003. Additional information on EPA's approval can be found at 68 Fed. Reg. 62,019-62,022 (October 31, 2003).

© 2004 Goldman Antonetti