May 19, 2026

Stricter Emission Limits for New and Existing Large Municipal Waste Combustors

EPA finalized long-awaited amendments to new source performance standards (NSPS) and emission guidelines for large municipal waste combustion (LMWC) facilities on March 10, 2026. [91 FR 11802] The final rule is a response to a voluntary remand of prior standards stemming from a 2008 court order and fulfills a required five-year review. Applying to combustors that burn more than 250 tons per day of municipal solid waste, the rule amends Part 60, Subparts Cb and Eb, and creates new Part 60, Subparts VVVV and WWWW.

While the rule reduces emission limits for pollutants, including cadmium, lead, particulate matter, dioxins/furans, mercury, hydrogen chloride, sulfur dioxide, nitrogen oxides, and carbon monoxide, it is significantly less stringent than the 2024 proposal. [89 FR 4243] In the proposal, EPA estimated a reduction in pollutant emissions of 14,000 tons per year, yet the agency only anticipates emissions reductions of approximately 3,200 tons per year with the final rule.

In addition to reducing emission limits, EPA has also:

Removed the startup, shutdown, and malfunction exemption [§60.8(c)] (requiring LMWC facilities to meet emission standards at all times);
Revised some recordkeeping provisions and requires electronic reporting via EPA’s central data exchange (CDX), using the compliance and emissions data reporting interface (CEDRI);
Removed the NO_X emissions averaging allowance for existing sources; and
Eliminated the Title V permitting requirements for qualifying air curtain incinerators that exclusively combust yard waste, wood waste, and clean lumber.

Compliance deadlines

This rule applies to 152 units across 57 LMWC facilities and is effective May 11, 2026. Regarding the emission guidelines, states must revise their state implementation plans (SIP) and submit them for approval by March 10, 2027. Once EPA approves a revised SIP, existing LMWCs must meet the new standards within three years of the SIP approval date, or by March 10, 2031, whichever is earlier. New LMWCs must comply with the amended NSPS by September 10, 2026, or upon startup, whichever is later.

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This document addresses issues of a general nature related to the federal environmental regulations. Persons evaluating specific circumstances dealing with the environmental regulations should review state and local laws and regulations, which may be more stringent than federal requirements. In addition, the assistance of a qualified professional should be enlisted to address any site-specific circumstances.