EPA Ends Loophole for Disaster Waste Incinerators
Published Date: 3/19/2026
Rule
Summary
The EPA is canceling a temporary rule that let certain waste-burning machines used in disaster cleanups skip some pollution rules. This change affects companies using these incinerators and means they’ll follow the usual rules while the EPA works on a new, clearer plan. The update starts March 19, 2026, so businesses should get ready for the switch without any surprise costs right now.
Analyzed Economic Effects
4 provisions identified: 3 benefits, 1 costs, 0 mixed.
Disaster Incinerators Return to Normal Rules
If you own or operate a commercial or industrial solid waste incineration unit (including air curtain incinerators), the temporary-use exclusion is removed and you must follow the prior CISWI requirements in effect before the interim final rule. This change is effective March 19, 2026 and applies to units subject to NSPS (40 CFR part 60, subpart CCCC), Emissions Guidelines (40 CFR part 60, subpart DDDD), or the Federal Plan (40 CFR part 62, subpart IIIa).
No Retroactive Compliance Change
The rescission is prospective only and does not change the compliance status of any owner or operator for conduct that occurred before March 19, 2026. If you used the temporary-use provisions before that date, this rule does not retroactively alter that status.
EPA Will Rework Rules Via Notice-and-Comment
The EPA will address temporary-use incinerator provisions through a separate notice-and-comment rulemaking and published a proposal on March 19, 2026 that lets the public submit comments, input, and data before a final rule. If you are an affected operator or stakeholder, you can provide input during that rulemaking process.
No New Paperwork or Large Unfunded Mandates
The rule rescission does not create any new information-collection burden under the Paperwork Reduction Act, and the EPA certified the action will not have a significant economic impact on a substantial number of small entities. The action does not contain an unfunded mandate of $100 million or more under the Unfunded Mandates Reform Act.
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Key Dates
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