The U.S. EPA and Sierra Club finalized a consent decree that establishes a timeline for new minimum standards for commercial and industrial solid waste incinerators last week.
The agreement ends a lawsuit brought by the Sierra Club on Feb. 15, 2023. In it, the environmental group alleged EPA unreasonably delayed implementation of emissions regulations for the incinerator categories. A related complaint regarding regulations for small, remote incinerators in Alaska was previously dismissed from the suit.
The decree is essentially unchanged from a prior agreement released for public comment in April. In addition to commercial and industrial solid waste incinerators, it also applies to certain other solid waste incinerators regulated under the Clean Air Act.
The decree requires EPA to establish a final rule for existing CISWI facilities by Sept. 16. EPA is also required to release a proposed rule for other solid waste incinerator facilities (an official category) by June 30, 2026. The latter rule should be finalized a year later, per the agreement.
The consent decree was entered into the Federal Register on April 5. After a 30-day public comment period, it did not receive any significant feedback that would cause a delay, the two sides noted in a court filing.
