EPA Tightens Rules on Waste Burners, Ends Malfunction Excuses
Published Date: 11/9/2025
Proposed Rule
Summary
The EPA is updating rules for hazardous waste burners like incinerators and boilers to limit harmful gases like hydrogen fluoride and cyanide. They’re removing some old exemptions for startup and shutdown times and adding new reporting rules, giving states more say on permits. These changes affect businesses that burn hazardous waste and aim to keep our air cleaner, with comments open until December 26, 2025.
Analyzed Economic Effects
5 provisions identified: 2 benefits, 3 costs, 0 mixed.
New limits on HF and HCN emissions
The EPA proposes numeric emission limits and work practice standards for hydrogen fluoride (HF) and hydrogen cyanide (HCN) from hazardous waste combustors including incinerators, cement kilns, solid fuel boilers, and liquid fuel boilers. These new limits would apply to the affected HWC units if finalized and were proposed as part of the EPA's residual risk and technology review.
Air quality improvement from HF/HCN controls
The EPA's proposal would limit emissions of hydrogen fluoride and hydrogen cyanide from hazardous waste combustors, which the agency says is intended to reduce harmful air pollutants and help keep the air cleaner. The proposal is part of the EPA's residual risk and technology review under the Clean Air Act.
End SSM exemption; add SSM work practices
The EPA proposes to eliminate the startup, shutdown, and malfunction (SSM) exemption in the HWC NESHAP and add a work practice standard to govern periods of SSM. If finalized, facilities would need to follow the new SSM work practices and could no longer rely on the existing SSM exemption.
New electronic reporting requirements
The EPA proposes to add electronic reporting procedures and requirements for affected hazardous waste combustor sources (including use of electronic reporting tools). The proposal notes comments on Paperwork Reduction Act information collection provisions are best assured of consideration if OMB receives them by December 10, 2025.
States may exempt area sources from permits
The EPA proposes to allow states to choose to exempt certain area sources from some permitting requirements under title V or related permitting programs. This change would let states opt to relieve certain area sources from specific permitting obligations.
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Key Dates
Department and Agencies
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