Administrator Zeldin Announces Proposal to Streamline Permitting Requirements for Incinerators Critical to Wildfire Prevention and Natural Disaster Recovery
WASHINGTON — Today, U.S. Environmental Protection Agency (EPA) Administrator Lee Zeldin issued a proposal to harmonize existing Clean Air Act (CAA) regulations and cut red tape for incinerators to help state, local, and Tribal governments prevent and respond to natural disasters. EPA’s proposal, if finalized, will end decades of confusion surrounding CAA regulations and permits for incinerators, especially regarding how and when they can be utilized for debris cleanup following natural disasters. Untouched debris contributes to poor air, land, and water quality and endangers lives. By streamlining requirements and providing clear parameters, state, local, and Tribal governments will be able to respond immediately to natural disasters, reduce the risk of wildfires by preemptively clearing wood, and ultimately save lives without having to worry about burdensome permitting red tape.
“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,” said EPA Administrator Zeldin. “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, recordkeeping and reporting requirements for Air Curtain Incinerators (ACI) that burn only wood wastes, yard wastes, and clean lumber are spread out across various separate subparts for four categories of incinerators—Large Municipal Waste Combustors (LMWC), Small Municipal Waste Combustors (SMWC), Commercial and Industrial Solid Waste Incinerator (CISWI), and Other Solid Waste Incinerators (OSWI)—under CAA section 129. EPA is proposing to consolidate requirements for ACI solely used for the incineration of wood wastes, yard wastes, and clean lumber under a new, singular subpart of CAA section 129 and to allow this type of ACI to operate without a Title V permit unless the unit is located at a facility that otherwise requires one. Title V requirements led to an overly burdensome permit process for states as they work to utilize ACI for natural disasters cleanup and wildfire mitigation. If finalized, EPA’s action will make it easier for EPA’s regulatory partners to understand and comply with CAA section 129 and speed up the permitting process across the country, while still meeting all statutory requirements under the CAA.
EPA’s second action works to permanently respond to states’ requests for more incinerators to be available during disaster cleanup. Following Hurricane Helene, the Biden-Harris Administration did not grant North Carolina’s request to use CISWI to accelerate cleanup, citing the lack of temporary provisions for CISWI. In August 2025, EPA issued an Interim Final Rule (IFR) to cut red tape on the temporary-use CISWI for natural disaster debris removal, providing states, local and Tribal governments with the ability to quickly and effectively clean up their communities. The IFR allowed the burning of non-hazardous debris using CISWI on a temporary basis during disasters and emergencies. EPA is now proposing to make this temporary provision use permanent for CISWI under the CAA section 129 after a State of Emergency is declared by a local or state government, or the President. If finalized, the proposal would bring CISWI in line with existing policies for OSWI, which are already authorized to combust debris from a disaster or emergency on a temporary basis without having to comply with CAA section 129 requirements. CISWI would still be required to continue running pollution control equipment. Therefore, EPA does not expect the agency’s action to impact emissions. In light of today’s proposal, EPA has withdrawn the IFR. EPA understands the importance of having these temporary provisions and anticipates finalizing this action before the 2026 hurricane and wildfire season.
Permitting reform and advancing cooperative federalism are key pillars of EPA’s Powering the Great American Comeback initiative. EPA is committed to working with our regulatory partners to accomplish both while ensuring the protection of human health and the environment.
EPA will hold a 45-day public comment period on the proposed rule following publication in the Federal Register. This includes taking public comment on revising the OSWI definition of “municipal waste combustion unit” to remove the reference to “pyrolysis/combustion units.” Revising the definition would clarify that the OSWI rule does not regulate pyrolysis units used in advanced recycling operations. Public comments received will help inform the development of a proposed rule on advanced recycling.
Read EPA’s proposed rule and fact sheet.
Background
On January 24, 2025, President Trump issued Executive Order (EO) 14181 to accelerate cleanup of the catastrophic wildfires in Los Angeles County. The Trump EPA expeditiously completed the agency’s largest ever wildfire hazardous material removal effort following the January 2025 fires in Los Angeles County. However, the devastating wildfires raised awareness regarding regulatory challenges of using incinerators to remove potentially dangerous disaster debris. Incinerators are useful tools for disaster or emergency cleanup, as they can process large quantities of debris and are considered safer and more environmentally sound than other remediation options.
When Hurricane Helene hit in September 2024, states expressed concern over smoke impacts from open burning of waste and debris, and increased likelihood of wildfires. They were unable to take action to address debris in their communities to keep residents safe.