EPA Rescinds Rule on Temporary Incinerators for Disaster Recovery

Content

ACTION:

Final rule; rescission of interim final rule.

SUMMARY:

The U.S. Environmental Protection Agency (EPA) is rescinding the interim final rule (IFR) titled “Commercial and Industrial
Solid Waste Incineration Units: Temporary-Use Incinerators and Air Curtain Incinerators Used in Disaster Recovery.” The IFR
added temporary-use provisions that excluded certain commercial and industrial solid waste incineration (CISWI) units from
otherwise applicable requirements when used on a temporary basis to combust non-hazardous debris in specified emergency or
disaster circumstances. The EPA is rescinding those provisions and intends to address the same subject matter through notice-and-comment
rulemaking culminating in a final rule.

DATES:

This rule is effective on March 19, 2026.

ADDRESSES:

The EPA has established a docket for this action under Docket ID No. EPA-HQ-OAR-2003-0119. All documents in the docket are
listed on the https://www.regulations.gov/ website. Although listed, some information is not publicly available, e.g., Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Certain other material,
such as copyrighted material, is not placed on the internet and will be publicly available only in hard copy form. Publicly
available docket materials are available either electronically through https://www.regulations.gov/, or in hard copy at the EPA Docket Center, WJC West Building, Room Number 3334, 1301 Constitution Ave. NW, Washington, DC.
The Public Reading Room hours of operation are 8:30 a.m. to 4:30 p.m. Eastern Standard Time, Monday through Friday. The telephone
number for the Public Reading Room is (202) 566-1744, and the telephone number for the EPA Docket Center is (202) 566-1742.

FOR FURTHER INFORMATION CONTACT:

For information about this action, contact Dr. Felica Davis, Waste Management Branch, Natural Resources Division (E143-03),
Office of Clean Air Programs, U.S. Environmental Protection Agency, 109 T.W. Alexander Drive, P.O. Box 12055, Research Triangle
Park, North Carolina 27711; telephone number: (919) 541-4857; and email address: davis.felica@epa.gov.

SUPPLEMENTARY INFORMATION:

Preamble acronyms and abbreviations. Throughout this document the use of “we,” “us,” or “our” is intended to refer to the EPA. We use multiple acronyms and terms
in this preamble. While this list may not be exhaustive, to ease the reading of this preamble and for reference purposes,
the EPA defines the following terms and acronyms here:

ACI air curtain incinerator

CAA Clean Air Act

CBI Confidential Business Information

CFR Code of Federal Regulations

CISWI commercial and industrial solid waste incineration

EG Emission Guidelines

E.O. Executive Order

EPA Environmental Protection Agency

FR Federal Register

IFR interim final rule

NSPS New Source Performance Standards

NTTAA National Technology Transfer and Advancement Act

OMB Office of Management and Budget

PRA Paperwork Reduction Act

RFA Regulatory Flexibility Act

UMRA Unfunded Mandates Reform Act

Table of Contents

I. General Information

A. Does this action apply to me?

B. Where can I get a copy of this document and other related information?

II. Background

A. What is the statutory authority for this action?

B. What rule is being rescinded?

III. Why is the EPA rescinding the IFR?

IV. Statutory and Executive Order Reviews

A. Executive Order 12866: Regulatory Planning and Review and Executive Order 13563: Improving Regulation and Regulatory Review

B. Executive Order 14192: Unleashing Prosperity Through Deregulation

C. Paperwork Reduction Act (PRA)

D. Regulatory Flexibility Act (RFA)

E. Unfunded Mandates Reform Act of 1995 (UMRA)

F. Executive Order 13132: Federalism

G. Executive Order 13175: Consultation and Coordination With Indian Tribal Governments

H. Executive Order 13045: Protection of Children From Environmental Health Risks and Safety Risks

I. Executive Order 13211: Actions Concerning Regulations That

  Significantly Affect Energy Supply, Distribution, or Use

J. National Technology Transfer and Advancement Act (NTTAA)

K. Congressional Review Act (CRA)

I. General Information

A. Does this action apply to me?

This action applies to owners and operators of commercial and industrial solid waste incineration (CISWI) units (including
air curtain incinerators (ACIs)) subject to the New Source Performance Standards (NSPS) (40 CFR part 60, subpart CCCC), Federal
Plan (40 CFR part 62, subpart IIIa), or Emissions Guidelines (EG) (40 CFR part 60, subpart DDDD). If you have questions regarding
the applicability of this action to a particular entity, consult the person listed in the
FOR FURTHER INFORMATION CONTACT
section.

B. Where can I get a copy of this document and other related information?

In addition to being available in the docket (Docket ID No. EPA-HQ-OAR-2003-0119), an electronic copy of this action will
be available on the internet at https://www.epa.gov/stationary-sources-air-pollution/commercial-and-industrial-solid-waste-incineration-units-ciswi-new.

II. Background

A. What is the statutory authority for this action?

The Clean Air Act (CAA), and CAA section 129 in particular (42 U.S.C. 7429), provides the statutory authority to issue this
action.

B. What rule is being rescinded?

On August 26, 2025, the EPA published an IFR titled “Commercial and Industrial Solid Waste Incineration Units: Temporary-Use
Incinerators and Air Curtain Incinerators Used in Disaster Recovery.” (1) The IFR was effective upon publication and provided an opportunity for public comment. The IFR added temporary-use provisions
to the CISWI NSPS, EG, and Federal Plan at 40 CFR 60.2041, 40 CFR 60.2556, and 40 CFR 62.14531a, respectively. The temporary-use
provisions provided an exclusion from otherwise applicable requirements when a CISWI unit, including an ACI, temporarily combusts
non-hazardous debris from a disaster or emergency in specified circumstances. The IFR also included conditions related to
the operation of control devices, notifications, and the duration and scope of the temporary-use exclusion.

III. Why is the EPA rescinding the IFR?

The EPA issued the IFR to ensure that more incinerators were available for recovery efforts before the 2025 hurricane and
wildfire disaster seasons arrived. (2) Now that the 2025 hurricane and wildfire disaster seasons have passed, the immediate near-term context that motivated expedited
issuance has changed, and the EPA has determined that it is appropriate to revisit the temporary-use provisions through notice-and-comment
rulemaking. Accordingly, the EPA is rescinding the IFR and addressing the same subject matter in a separate notice-and-comment
rulemaking. This action is prospective only and does not alter the compliance status of any owner or operator for conduct
occurring before the effective date of this final rule.

This rescission removes the IFR amendments and returns the regulatory text to the requirements in effect immediately prior
to the IFR. As mentioned above, the EPA is proceeding under a separate proposal published today that will provide the public
with an opportunity to submit comments, input and data for EPA's consideration before the Agency issues a final rule.

IV. Statutory and Executive Order Reviews

Additional information about these statutes and Executive orders can be found at https://www.epa.gov/laws-regulations/laws-and-executive-orders.

A. Executive Order 12866: Regulatory Planning and Review and Executive Order 13563: Improving Regulation and Regulatory Review

This action is not a significant regulatory action and therefore was not submitted to the Office of Management and Budget
for review. The EPA prepared an Economic Impact Analysis (EIA) for the IFR that is being rescinded in this action. The EIA
explained that facilities that elected to use the disaster recovery temporary use provisions were not subject to additional
control requirements and, accordingly, the EPA anticipated that there would be no additional compliance costs. The EPA was
unable to quantify any overall nationwide cost savings because the Agency could not determine how many units would be subject
to, or would elect to use, the temporary use provisions. The EIA also explained that if a disaster made operation of emission
controls technically infeasible, emissions increases could occur but could not be quantified due to uncertainty in the volume
and composition of combusted debris. This action rescinds the IFR; therefore, the EPA no longer anticipates the previously
unquantified cost and emissions implications associated with the temporary use provisions.

B. Executive Order 14192: Unleashing Prosperity Through Deregulation

This action is not an Executive Order 14192 regulatory action because this action is not significant under Executive Order
12866.

C. Paperwork Reduction Act (PRA)

This action does not impose any new information collection burden under the PRA. This action does not change the information
collection requirements.

D. Regulatory Flexibility Act (RFA)

I certify that this action will not have a significant economic impact on a substantial number of small entities under the
RFA. This action will not impose any requirements on small entities.

E. Unfunded Mandates Reform Act of 1995 (UMRA)

This action does not contain an unfunded mandate of $100 million (adjusted annually for inflation) or more as described in
UMRA, 2 U.S.C. 1531-1538 and does not significantly or uniquely affect small governments. The action imposes no enforceable
duty on any State, local or Tribal governments. Although this action creates an enforceable duty on the private sector, the
cost does not exceed $100 million or more.

F. Executive Order 13132: Federalism

This action does not have federalism implications. It will not have substantial direct effects on the States, on the relationship
between the National Government and the States, or on the distribution of power and responsibilities among the various levels
of government.

G. Executive Order 13175: Consultation and Coordination With Indian Tribal Governments

This action does not have Tribal implications as specified in Executive Order 13175. This rule will implement revisions to
the compliance dates for certain provisions. Thus, Executive Order 13175 does not apply to this action.

H. Executive Order 13045: Protection of Children From Environmental Health Risks and Safety Risks

Executive Order 13045 directs Federal agencies to include an evaluation of the health and safety effects of the planned regulation
on children in Federal health and safety standards and explains why the regulation is preferable to potentially effective
and reasonably feasible alternatives. This action is not subject to Executive Order 13045 because it is not a significant
regulatory action under section 3(f)(1) of Executive Order 12866, and because the EPA does not believe the environmental health
or safety risks addressed by this action present a disproportionate risk to children.

I. Executive Order 13211: Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use

This action is not subject to Executive Order 13211, because it is not a significant regulatory action under Executive Order
12866.

J. National Technology Transfer and Advancement Act (NTTAA)

This action does not involve technical standards; therefore, the NTTAA does not apply.

K. Congressional Review Act (CRA)

This action is subject to the CRA, 5 U.S.C. 801-808, and the EPA will submit a rule report to each House of the Congress and
to the Comptroller General of the United States. This is not a major action as defined by 5 U.S.C. 804(2).

List of Subjects in 40 CFR Parts 60 and 62

Environmental protection, Administrative practice and procedure, Air pollution control, Reporting and recordkeeping requirements.

Lee Zeldin, Administrator. For the reasons stated in the preamble, the Environmental Protection Agency amends parts 60 and 62 of title 40, chapter I,
of the Code of Federal Regulations as follows:

PART 60—STANDARDS OF PERFORMANCE FOR NEW STATIONARY SOURCES

Regulatory Text 1. The authority citation for part 60 continues to read as follows:

Authority:

42 U.S.C. 7401 et seq.

Subpart CCCC—Standards of Performance for Commercial and Industrial Solid Waste Incineration Units

§ 60.2041 [Removed and Reserved] Regulatory Text 2. Remove and reserve § 60.2041.

Subpart DDDD—Emissions Guidelines and Compliance Times for Commercial and Industrial Solid Waste Incineration Units

§ 60.2556 [Removed and Reserved] Regulatory Text 3. Remove and reserve § 60.2556.

PART 62—APPROVAL AND PROMULGATION OF STATE PLANS FOR DESIGNATED FACILITIES AND POLLUTANTS

Regulatory Text 4. The authority citation for part 62 continues to read as follows:

Authority:

42 U.S.C. 7401 et seq.

Subpart III—Federal Plan Requirements for Commercial and Industrial Solid Waste Incineration Units That Commenced Construction

On or Before November 30, 1999

§ 62.14531a [Removed and Reserved] Regulatory Text 5. Remove and reserve § 62.14531a.

[FR Doc. 2026-05395 Filed 3-18-26; 8:45 am] BILLING CODE 6560-50-P

Footnotes

(1) 90 FR 41508.

(2) Id. at 41513.

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