EPA proposes changes to streamline incinerator permitting for disaster response

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Lee Zeldin, Administrator, U.S. Environmental Protection Agency | YouTube

EPA proposes changes to streamline incinerator permitting for disaster response

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U.S. Environmental Protection Agency Administrator Lee Zeldin announced on June 7 a proposal to streamline Clean Air Act regulations and reduce permitting requirements for incinerators used in wildfire prevention and natural disaster recovery. The proposal aims to clarify and consolidate existing rules, enabling state, local, and Tribal governments to respond more quickly to disasters by removing debris without facing complex regulatory hurdles.

According to Zeldin, "President Trump has worked to protect families from wildfires and respond to natural disasters in record time. By cutting burdensome red tape, EPA is empowering states to be able to do the same. Under our proposal, states, local, and Tribal leaders will not only be able to safely clean up their communities after a natural disaster but ensure that unnecessary delays are not the reason more lives or homes are put in harm’s way. EPA is proud to be responding directly to states’ requests and will continue to work with all the agency’s regulatory partners to ensure human health and the environment are protected."

Currently, opacity limitations and associated monitoring requirements for Air Curtain Incinerators (ACI) that burn only wood wastes, yard wastes, and clean lumber are spread across several subparts of Clean Air Act section 129 for different categories of incinerators. The EPA's new proposal would consolidate these requirements under a single subpart for ACIs used solely for these materials. It would also allow such units to operate without a Title V permit unless located at facilities otherwise requiring one.

The agency is also proposing permanent provisions allowing Commercial and Industrial Solid Waste Incinerators (CISWI) temporary use during declared emergencies or disasters after previously issuing an Interim Final Rule following Hurricane Helene. This change would align CISWI policy with that of Other Solid Waste Incinerators (OSWI), which already have similar temporary-use allowances.

The EPA will hold a 45-day public comment period on the proposed rule after its publication in the Federal Register. This includes soliciting feedback on revising the OSWI definition of "municipal waste combustion unit" as part of efforts related to advanced recycling operations. More information can be found on the official roster page.

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