EPA rule enables temporary use of commercial and industrial incinerators for natural disaster debris

U.S. Environmental Protection Agency (EPA) Administrator Lee Zeldin has issued an interim final rule (IFR) designed to enable the temporary-use of commercial and industrial solid waste incinerators (CISWI) for natural disaster debris removal for up to eight weeks without EPA approval.

The IFR allows the burning of nonhazardous debris using CISWI on a temporary basis during disasters and emergencies.

Currently, only other solid waste incinerators (OSWI) are authorized to combust debris from a disaster or emergency on a temporary basis without having to comply with Clean Air Act (CAA) Section 129 requirements. This IFR aids in response to a wide range of disasters and emergencies, such as tornadoes, hurricanes, floods, wildfires, ice storms, high winds or acts of bioterrorism, the EPA says. 

“Since day one, President Trump has laid out ambitious timelines for clean-ups in the wake of natural disasters,” Zeldin says. “While EPA has met those timelines in record times, we are always looking at ways to improve and get out of the way,. With this action, EPA is giving state, local and tribal leaders flexibility to take necessary steps to quickly and effectively respond to and recover from natural disasters.” 

EPA is authorizing temporary-use provisions for incinerators and air curtain incinerators (ACI) subject to CISWI regulations. CISWI are required to continue to run existing pollution control equipment when burning disaster debris, so emissions changes are projected to be zero, EPA says. The rule allows the use of CISWI units for an additional eight weeks or longer with EPA approval. The agency says the rule will be effective upon publication in the Federal Register.

The EPA will accept comments on the IFR for 45 days.

A prepublication version of the notice is available at the EPA’s website.