Page:United States Statutes at Large Volume 104 Part 4.djvu/267

 PUBLIC LAW 101-549—NOV. 15, 1990 104 STAT. 2583 process wastes or medical wastes that are segregated from such other weistes; and (B) an incineration unit shall not be considered to be combusting municipal waste for purposes of section 111 or this section if it combusts a fuel feed stream, 30 percent or less of the weight of which is comprised, in aggregate, of municipal waste. "(6) OTHER TERMS.—The terms 'solid waste' and 'medical waste' shall have the meanings established by the Administrator pursuant to the Solid Waste Disposal Act. "(h) OTHER AUTHORITY. — "(1) STATE AUTHORITY.— Nothing in this section shall preclude or deny the right of any State or political subdivision thereof to adopt or enforce any regulation, requirement, limitation or standard relating to solid waste incineration units that is more stringent than a regulation, requirement, limitation or standard in effect under this section or under any other provision of this Act. "(2) OTHER AUTHORITY UNDER THIS ACT. — Nothing in this section shall diminish the authority of the Administrator or a State to establish any other requirements applicable to solid waste incineration units under any other authority of law, including the authority to establish for any air pollutant a national ambient air quality standard, except that no solid waste incineration unit subject to performance standards under this section and section 111 shall be subject to standards under section 112(d) of this Act. "(3) RESIDUAL RISK.— The Administrator shall promulgate standards under section 112(f) for a category of solid waste incineration units, if promulgation of such standards is required under section 112(f). For purposes of this preceding sentence only— "(A) the performance standards under subsection (a) and section 111 applicable to a category of solid waste incineration units shall be deemed standards under section 112(d)(2), and "(B) the Administrator shall consider and regulate, if required, the pollutants listed under subsection (a)(4) and no others. "(4) ACID RAIN.— A solid waste incineration unit shall not be a utility unit as defined in title IV: Provided, That, more than 80 per centum of its annual aversige fuel consumption measured on a Btu basis, during a period or periods to be determined by the Administrator, is from a fuel (including any waste burned as a fuel) other than a fossil fuel. "(5) REQUIREMENTS OF PARTS C AND D.—No requirement of an applicable implementation plan under section 165 (relating to construction of facilities in regions identified pursuant to section 107(d)(1)(A) (ii) or (iii)) or under section 172(c)(5) (relating to permits for construction and operation in nonattainment areas) may be used to weaken the standards in effect under this section.". (b) CONFORMING AMENDMENT.— Section 169(1) of the Clean Air Act 42 USC 7479. is amended by striking "two hundred and" after "municipal incinerators capable of charging more than". (c) REVIEW OF ACID GAS SCRUBBING REQUIREMENTS.—Prior to the 42 USC 7429 promulgation of any performance standard for solid waste inciner- '^"te. ation units combusting municipal waste under section 111 or section

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