EPA Eases Rules for Burning Yard Waste in Disasters
Published Date: 3/20/2026
Proposed Rule
Summary
The EPA is updating rules for air curtain incinerators that burn only wood, yard waste, and clean lumber by combining existing rules and easing some permit requirements. They’re also allowing temporary use of certain incinerators during disasters without the usual strict rules. These changes mainly affect businesses using these incinerators and could save time and money, with comments open until May 4, 2026.
Analyzed Economic Effects
4 provisions identified: 3 benefits, 0 costs, 1 mixed.
Title V permit exemptions for ACIs
The EPA proposes to remove the Clean Air Act Title V permitting requirement for ACIs that only burn wood wastes, yard wastes, and clean lumber, provided the ACI is not located at a Title V major source or subject to Title V for other reasons. The agency says this change (to be reflected in new subpart Ca) is expected to produce cost savings and make it easier to use ACIs for disaster cleanup and wildfire mitigation.
New ACI testing deadlines and options
The proposal would require an initial performance test within 60 days of initial startup (shortening the prior up-to-180-day allowance) and would standardize annual performance testing to within 12 months of the previous test (SMWC previously allowed up to 13 months). It also would allow an owner/operator to delay the annual test until the next day the unit is operated if the ACI is not operating when the annual test would be due.
Temporary CISWI use for disaster cleanup
The EPA proposes to add provisions allowing temporary use of Commercial and Industrial Solid Waste Incineration (CISWI) units to burn debris from a qualifying disaster or emergency without complying with the usual CAA section 129 CISWI requirements, aligning CISWI with existing OSWI temporary-use provisions. The change is intended to speed disaster recovery operations by reducing regulatory barriers during qualified emergencies.
Simplified ACI opacity rules
The EPA proposes to move the opacity limits and monitoring, recordkeeping, and reporting for air curtain incinerators (ACI) that only burn wood wastes, yard wastes, and clean lumber into a single new subpart (40 CFR part 60 subpart Ca). The proposal would consolidate the 10 percent opacity limit during regular operation and the 35 percent opacity limit during startup and set a single averaging method consistent with 40 CFR 60.11(b) (6-minute averages).
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Key Dates
Department and Agencies
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