EPA Cuts Red Tape for Commercial, Industrial Incinerators After Natural Disasters

EPA Cuts Red Tape for Commercial, Industrial Incinerators After Natural Disasters

Agency Follows Through on States' Request for Flexibility Regarding Effective, Life-Saving Debris Removal

August 22, 2025

WASHINGTON - Today, U.S. Environmental Protection Agency (EPA) Administrator Lee Zeldin issued an Interim Final Rule (IFR) to cut red tape on the temporary-use Commercial and Industrial Solid Waste Incinerators (CISWI) for natural disaster debris removal, providing state, local and Tribal governments with the ability to quickly and effectively clean up their communities. Debris left untouched contributes to poor air, land, and water quality and endangers lives. In 2024, in the aftermath of Hurricane Helene, the Biden-Harris Administration did not grant North Carolina's request to use CISWI to accelerate clean up citing the lack of temporary provisions for CISWI. In responding directly to states' request for more incinerators for disaster clean up, the Trump Administration recognizes the importance of temporary-use CISWI.

The IFR will allow the burning of non-hazardous debris using CISWI on a temporary basis during disasters and emergencies. Currently, only Other Solid Waste Incinerators (OSWI) are authorized to combust debris from a disaster or emergency on a temporary basis without having to comply with Clean Air Act (CAA) section 129 requirements. This IFR will aid in response to a wide range of disasters and emergencies, such as tornadoes, hurricanes, floods, wildfires, ice storms, high winds or acts of bioterrorism.

"Since day one, President Trump has laid out ambitious timelines for clean ups in the wake of natural disasters. While EPA has met those timelines in record times, we are always looking at ways to improve and get out of the way," said Administrator Zeldin. "With this action, EPA is giving state, local, and tribal leaders flexibility to take necessary steps to quickly and effectively respond to and recover from natural disasters."

EPA is now authorizing temporary-use provisions for incinerators and Air Curtain Incinerators (ACI) subject to CISWI regulations. These temporary-use provisions authorize the combustion of non-hazardous debris from a disaster or emergency for up to eight weeks without EPA approval. CISWI are required to continue to run existing pollution control equipment, so emissions changes are projected to be zero. The rule allows the use of CISWI units for an additional eight weeks or longer with EPA approval. Due to necessary immediate relief, EPA finds good cause to make this rule effective upon publication in the Federal Register. EPA will take public comments for 45 days on the IFR.

Please visit the CISWI notice webpage for a copy of a pre-publication version.