July 30, 2026

New Federal Plan Proposed for Other Solid Waste Incineration Units

Other solid waste incineration (OSWI) units include very small municipal waste combustion units and institutional waste incineration units and are regulated under the CAA via 40 CFR Part 60, Subparts EEEE and FFFF. In 2025, EPA finalized amendments to the new source performance standards and emission guidelines (EGs) for these units. On July 2, 2026, the agency proposed a federal plan to implement the revised EGs for existing OSWI units. [91 FR 40494]

EGs do not apply directly to existing facilities; rather, they provide states with instructions on how to develop appropriate regulations. Sources that would need to comply with an EG but are not covered by an approved state implementation plan would instead comply with the equivalent federal plan under Part 62. EPA’s proposal would create a new Part 62, Subpart KKK, and apply to affected OSWI units until EPA approves a state or tribal plan that regulates the OSWI unit. The full text of the proposed Subpart KKK indicates future requirements for operator training, waste management plans, emission and operating limits, performance testing, continuous monitoring, and more, depending on whether the OSWI unit has a capacity of ≤10 tons per day.

The proposed federal plan will apply to the owner or operator of an existing OSWI unit that was constructed on or before August 31, 2020, have not been modified or reconstructed after August 29, 2025, and that is not subject to an approved and effective State plan as of the effective date of the final federal plan. If an OSWI unit does not achieve final compliance by July 1, 2030, the unit must shut down, complete a retrofit, and be in compliance upon restarting. Comments on the proposal may be submitted through August 17, 2026 via Docket ID No. EPA-HQ-OAR-2025-3028.

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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.