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Rule2025-16360

Commercial and Industrial Solid Waste Incineration Units: Temporary-Use Incinerators and Air Curtain Incinerators Used in Disaster Recovery

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Published

August 26, 2025

Effective

August 26, 2025

Issuing agencies

Environmental Protection Agency

Abstract

The U.S. Environmental Protection Agency (EPA) is taking interim final action to provide for the temporary use of incineration units subject to commercial and industrial solid waste incinerator (CISWI) regulations during disaster recovery. 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 applicable Clean Air Act (CAA) section 129 requirements. We are also authorizing such temporary use for incinerators (including air curtain incinerators (ACI)) subject to CISWI regulations by adding temporary-use provisions that essentially mirror those in the OSWI regulations to existing Federal CISWI rule subparts. The EPA is requesting comments on all aspects of this interim final rule and will consider all comments received after the conclusion of the comment period.

Full Text

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<title>Federal Register, Volume 90 Issue 163 (Tuesday, August 26, 2025)</title>
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[Federal Register Volume 90, Number 163 (Tuesday, August 26, 2025)]
[Rules and Regulations]
[Pages 41508-41516]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-16360]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 60 and 62

[EPA-HQ-OAR-2003-0119; FRL-12232-03-OAR]
RIN 2060-AW43

Commercial and Industrial Solid Waste Incineration Units:
Temporary-Use Incinerators and Air Curtain Incinerators Used in
Disaster Recovery

AGENCY: Environmental Protection Agency (EPA).

ACTION: Interim final rule; request for comment.

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SUMMARY: The U.S. Environmental Protection Agency (EPA) is taking
interim final action to provide for the temporary use of incineration
units subject to commercial and industrial solid waste incinerator
(CISWI) regulations during disaster recovery. 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 applicable Clean Air Act (CAA) section 129 requirements. We are
also authorizing such temporary use for incinerators (including air
curtain incinerators (ACI)) subject to CISWI regulations by adding
temporary-use provisions that essentially mirror those in the OSWI
regulations to existing Federal CISWI rule subparts. The EPA is
requesting comments on all aspects of this interim final rule and will
consider all comments received after the conclusion of the comment
period.

DATES: This interim final rule is effective on August 26, 2025.
Comments on this rule must be received on or by October 10, 2025.
Public Hearing. If anyone contacts us requesting a public hearing
on or before August 31, 2025, the EPA will hold a virtual public
hearing on September 10, 2025. See the SUPPLEMENTARY INFORMATION
section for information on requesting and registering for a public
hearing.

ADDRESSES: You may send comments, identified by Docket ID No. EPA-HQ-
OAR-2003-0119, by any of the following methods:
<bullet> Federal eRulemaking Portal: <a href="http://www.regulations.gov">www.regulations.gov</a> (our
preferred method). Follow the online instructions for submitting
comments.
<bullet> Email: <a href="/cdn-cgi/l/email-protection#d1b0fcb0bfb5fca3fcb5beb2bab4a591b4a1b0ffb6bea7">[email&#160;protected]</a>. Include Docket ID No. EPA-
HQ-OAR-2003-0119 in the subject line of the message.
<bullet> Mail: U.S. Environmental Protection Agency, EPA Docket
Center, Docket ID No. EPA-HQ-OAR-2003-0119, Mail Code 28221T, 1200
Pennsylvania Avenue NW, Washington, DC 20460.
<bullet> Hand/Courier Delivery: EPA Docket Center, WJC West
Building, Room 3334, 1301 Constitution Avenue NW, Washington, DC 20004.
The Docket Center's hours of operation are 8:30 a.m.-4:30 p.m., Monday-
Friday (except Federal holidays).
Instructions: All submissions received must include the Docket ID
No. for this rule. Comments received may be posted without change to
<a href="http://www.regulations.gov">www.regulations.gov</a>, including any personal information provided. For
detailed instructions on sending comments and additional information on
the rulemaking process, see the SUPPLEMENTARY INFORMATION section of
this document.

FOR FURTHER INFORMATION CONTACT: For questions about the rule regarding
the temporary use of incinerators subject to CISWI regulations during
disaster recovery, contact Dr. Felica Davis, Sector Policies and
Programs Division (E143-03), Office of Air Quality Planning and
Standards, 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:
<a href="/cdn-cgi/l/email-protection#b5d1d4c3dcc69bd3d0d9dcd6d4f5d0c5d49bd2dac3">[email&#160;protected]</a>.

SUPPLEMENTARY INFORMATION:
Docket. 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 at <a href="http://www.regulations.gov">www.regulations.gov</a>. 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. With the
exception of such material, publicly available docket materials are
available electronically in <a href="http://www.regulations.gov">www.regulations.gov</a>.
Instructions. Direct your comments to Docket ID No. EPA-HQ-OAR-
2003-0119. The EPA's policy is that all comments received will be
included in the public docket without change and may be made available
online at <a href="http://www.regulations.gov">www.regulations.gov</a>, including any personal information
provided, unless the comment includes information claimed to be CBI,
Proprietary Business Information (PBI), or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI, PBI, or otherwise protected through
<a href="http://www.regulations.gov">www.regulations.gov</a> or email. This type of information should be
submitted as discussed below.
The EPA may publish any comment received to its public docket.
Multimedia submissions (audio, video, etc.) must be accompanied by a
written comment. The written comment is considered the official comment
and should include discussion of all points you wish to make. The EPA
will generally not consider comments or comment contents located
outside of the primary submission (i.e., on the Web, cloud, or other
file sharing system). For additional submission methods, the full EPA
public comment policy, information about CBI, PBI, or multimedia
submissions, and general guidance on making effective comments, please
visit <a href="http://www.epa.gov/dockets/commenting-epa-dockets">www.epa.gov/dockets/commenting-epa-dockets</a>.
The <a href="http://www.regulations.gov">www.regulations.gov</a> website allows you to submit your comment
anonymously, which means the EPA will not know your identity or contact
information unless you provide it in the body of your comment. If you
send an email comment directly to the EPA

[[Page 41509]]

without going through <a href="http://www.regulations.gov">www.regulations.gov</a>, your email address will be
automatically captured and included as part of the comment that is
placed in the public docket and made available on the internet. If you
submit an electronic comment, the EPA recommends that you include your
name and other contact information in the body of your comment and with
any digital storage media you submit. If the EPA cannot read your
comment due to technical difficulties and cannot contact you for
clarification, the EPA may not be able to consider your comment.
Electronic files should not include special characters or any form of
encryption and should be free of any defects or viruses. For additional
information about the EPA's public docket, visit the EPA Docket Center
homepage at <a href="http://www.epa.gov/dockets">www.epa.gov/dockets</a>.
Submitting CBI. Do not submit information containing CBI to the EPA
through <a href="http://www.regulations.gov">www.regulations.gov</a> or email. Clearly mark the part or all of
the information that you claim to be CBI. For CBI information on any
digital storage media that you mail to the EPA, mark the outside of the
digital storage media as CBI and then identify electronically within
the digital storage media the specific information that is claimed as
CBI. In addition to one complete version of the comments that includes
information claimed as CBI, you must submit a copy of the comments that
does not contain the information claimed as CBI directly to the public
docket through the procedures outlined in the Instructions section
above. If you include other information whose disclosure is restricted
by statute in your comment, clearly mark your submission as including
that information. If you submit any digital storage media that does not
contain CBI, mark the outside of the digital storage media clearly that
it does not contain CBI and note the docket ID. Information not marked
as CBI will be included in the public docket and the EPA's electronic
public docket without prior notice. Information marked as CBI will not
be disclosed except in accordance with procedures set forth in 40 Code
of Federal Regulations (CFR) part 2. Information whose disclosure is
otherwise restricted by statute will be processed by the EPA Docket
Center in accordance with the applicable statute.
Our preferred method to receive CBI is for it to be transmitted
electronically using email attachments, File Transfer Protocol (FTP),
or other online file sharing services (e.g., Dropbox, OneDrive, Google
Drive). Electronic submissions must be transmitted directly to the
Office of Air Quality Planning and Standards (OAQPS) CBI Office at the
email address <a href="/cdn-cgi/l/email-protection#8fe0eefefffcd0ecede6cfeaffeea1e8e0f9">[email&#160;protected]</a>, and as described above, should include
clear CBI markings and note the docket ID. If assistance is needed with
submitting large electronic files that exceed the file size limit for
email attachments, and if you do not have your own file sharing
service, please email <a href="/cdn-cgi/l/email-protection#bdd2dccccdcee2dedfd4fdd8cddc93dad2cb">[email&#160;protected]</a> to request a file transfer
link. If sending CBI information through the postal service, please
send it to the following address: OAQPS Document Control Officer (C404-
02), OAQPS, U.S. Environmental Protection Agency, 109 T.W. Alexander
Drive, P.O. Box 12055, Research Triangle Park, North Carolina, 27711,
Attention Docket ID No. EPA-HQ-OAR-2003-0119. The mailed CBI material
should be double wrapped and clearly marked. Any CBI markings should
not show through the outer envelope. Note that written comments
containing CBI and submitted by mail may be delayed and no hand
deliveries will be accepted.
Participation in virtual public hearing. To request a virtual
public hearing, contact the public hearing team at (888) 627-7764 or by
email at <a href="/cdn-cgi/l/email-protection#01405051457174636d686269646073686f66416471602f666e77">[email&#160;protected]</a>. If requested, the public hearing
will be held via virtual platform on September 10, 2025. The EPA will
announce additional details on the virtual public hearing at <a href="https://www.epa.gov/stationary-sources-air-pollution/commercial-and-industrial-solid-waste-incineration-units-ciswi-new">https://www.epa.gov/stationary-sources-air-pollution/commercial-and-industrial-solid-waste-incineration-units-ciswi-new</a>. The EPA may close a session
15 minutes after the last pre-registered speaker has testified if there
are no additional speakers.
If a public hearing is requested, the EPA will begin pre-
registering speakers for each hearing no later than 1 business day
following publication of this document in the Federal Register. The EPA
will accept registrations on an individual basis. To register to speak
at the virtual hearing, please contact the public hearing team at (888)
627-7764 or email at <a href="/cdn-cgi/l/email-protection#4c0d1d1c083c392e20252f24292d3e25222b0c293c2d622b233a">[email&#160;protected]</a>. The last day to pre-
register to speak at the public hearing will be September 7, 2025.
Prior to the hearing, the EPA will post a general agenda that will list
pre-registers speakers at: <a href="https://www.epa.gov/stationary-sources-air-pollution/commercial-and-industrial-solid-waste-incineration-units-ciswi-new">https://www.epa.gov/stationary-sources-air-pollution/commercial-and-industrial-solid-waste-incineration-units-ciswi-new</a>.
The EPA will make every effort to follow the schedule as closely as
possible on the day of the hearing; however, please plan for the
hearings to run either ahead of schedule or behind schedule.
Each commenter will have 4 minutes to provide oral testimony. The
EPA encourages commenters to provide the EPA with a copy of their oral
testimony electronically (via email) by emailing it to
<a href="/cdn-cgi/l/email-protection#d796868793a7a2b5bbbeb4bfb2b6a5beb9b097b2a7b6f9b0b8a1">[email&#160;protected]</a>. The EPA also recommends submitting the text
of your oral testimony as written comments to the rulemaking docket.
The EPA may ask clarifying questions during the oral presentations
but will not respond to the presentations at that time. Written
statements and supporting information submitted during the comment
period will be considered with the same weight as oral testimony and
supporting information presented at the public hearing.
Please note that any updates made to any aspect of the hearing will
be posted online at <a href="https://www.epa.gov/stationary-sources-air-pollution/commercial-and-industrial-solid-waste-incineration-units-ciswi-new">https://www.epa.gov/stationary-sources-air-pollution/commercial-and-industrial-solid-waste-incineration-units-ciswi-new</a>. While the EPA expects the hearing to be conducted as set
forth earlier, please monitor our website or contact the public hearing
team at (888) 627-7764 or by email at <a href="/cdn-cgi/l/email-protection#06475756427673646a6f656e6367746f68614663766728616970">[email&#160;protected]</a> to
determine if there are any updates. The EPA does not intend to publish
a document in the Federal Register announcing updates. If you require
the services of a translator or special accommodation such as audio
description, please pre-register for the hearing with the public
hearing team and describe your needs by September 2, 2025. The EPA may
not be able to arrange accommodations without advanced notice.
Children's Environmental Health. Since we cannot predict when or
how many units will need to use the temporary-use exemption or what
debris will need to be burned after a disaster, we were unable to do an
analysis to determine impacts on children's health.
Preamble acronyms and abbreviations. Throughout this preamble 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 Incinerator
EG Emissions Guidelines
EPA Environmental Protection Agency
FR Federal Register
ICR Information Collection Request
NSPS New Source Performance Standards

[[Page 41510]]

OMB Office of Management and Budget
OSWI Other Solid Waste Incinerator
PBI Proprietary Business Information
PRA Paperwork Reduction Act
RFA Regulatory Flexibility Act
TPD Tons Per Day
UMRA Unfunded Mandates Reform Act

Organization of this document. The information in this preamble is
organized as follows:

I. General Information
A. Does this action apply to me?
B. Where can I get a copy of this document and other related
information?
C. Judicial Review
II. Background
A. What is the Agency's statutory authority for taking this
action?
B. What is the regulatory history for this action?
C. What action is the EPA taking?
III. What are the actions and rationale for this rulemaking?
A. Temporary Use of CISWI During Disaster Recovery
B. Temporary-Use Period and Notifications
IV. Rulemaking Procedures
V. Summary of Cost, Environmental, and Economic Impacts
VI. Request for Comment
VII. Statutory and Executive Order Reviews
A. Executive Order 12866: Regulatory Planning and Review and
Executive Order 13563: Improving Regulation and Regulatory Review
B. Paperwork Reduction Act (PRA)
C. Regulatory Flexibility Act (RFA)
D. Unfunded Mandates Reform Act (UMRA)
E. Executive Order 13132: Federalism
F. Executive Order 13175: Consultation and Coordination With
Indian Tribal Governments
G. Executive Order 13045: Protection of Children From
Environmental Health Risks and Safety Risks
H. Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use
I. Executive Order 14192: Unleashing Prosperity Through
Deregulation
K. National Technology Transfer and Advancement Act (NTTAA)
J. Congressional Review Act

I. General Information

A. Does this action apply to me?

Categories and entities potentially affected by this rulemaking are
those that operate incinerators (including ACI) subject to CISWI 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) (hereinafter collectively referred
to as ``CISWI''). 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?

The EPA has established a docket for this action under Docket ID
No. EPA-HQ-OAR-2003-0119. Following signature by the EPA Administrator,
the EPA also will post a copy of this document to <a href="https://www.epa.gov/stationary-sources-air-pollution/commercial-and-industrial-solid-waste-incineration-units-ciswi-new">https://www.epa.gov/stationary-sources-air-pollution/commercial-and-industrial-solid-waste-incineration-units-ciswi-new</a>.

C. Judicial Review

Under CAA section 307(b)(1), judicial review of this final action
is available only by filing a petition for review in the United States
Court of Appeals for the District of Columbia Circuit by October 27,
2025. Under CAA section 307(b)(2), the requirements established by this
final rule may not be challenged separately in any civil or criminal
proceedings brought by the EPA to enforce the requirements.

II. Background

A. What is the Agency's statutory authority for this action?

CAA section 129, entitled ``Solid Waste Combustion,'' requires the
EPA to develop and adopt NSPS and EG for solid waste incineration units
pursuant to CAA section 111.\1\ Section 111(b) of the CAA requires the
EPA to establish NSPS for new sources, and CAA section 111(d) requires
the EPA to establish procedures for States to submit plans for
implementing EG for existing sources. The EPA promulgates Federal
implementation plans to regulate existing sources where there are no
approved State plans.
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\1\ CAA section 129(a)(1)(A), 42 U.S.C. 7429(a)(1)(A).
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CAA section 129(a)(1) identifies five categories of solid waste
incineration units and requires emissions standards for each category.
The five categories of solid waste incineration units are:
(1) Units with a capacity of greater than 250 tons per day (TPD)
combusting municipal waste;
(2) Units with a capacity equal to or less than 250 TPD combusting
municipal waste;
(3) Units combusting hospital, medical, and infectious waste;
(4) Units combusting commercial or industrial waste; and
(5) Unspecified ``other categories of solid waste incineration
units.'' (commonly referred to as ``OSWI'').
While the CAA specifically describes four of the five listed
categories by the types of wastes burned, it leaves unspecified the
``other categories of solid waste incineration units.'' As the EPA
observed during the development of standards for OSWI, Congress could
have unambiguously required OSWI to cover every other possible type of
incineration unit burning any type of solid waste but did not to do so,
thereby leaving the EPA discretion to delineate those ``other''
categories of solid waste incineration units. 70 FR 74870, 74875
(December 16, 2005). Based on that authority, the EPA defined OSWI to
include very small municipal combustion units and institutional waste
combustion incineration units. The EPA analyzed and excluded various
types of incinerators from being subject to CAA section 129 standards;
among those excluded are incinerators when used on a temporary basis to
combust debris during disaster recovery. The EPA determined that some
incinerators ``should be handled differently due to unusual
circumstances (e.g., unique geographic locations or climatic factors,
temporary emergency use)'' that would render compliance with CAA
section 129 rules infeasible. Id. at 74875. With respect to
incinerators for temporary emergency use, the EPA observed that ``[i]n
emergency situations, quick removal of debris is of utmost importance
to maintain public health and safety. Depending on the type of
emergency and the local situation, there may be no reasonable and safe
alternatives to incineration.'' Id. At 74880.
The EPA also observed that some control devices, such as a wet
scrubber, may not operate as required under CAA section 129 during the
disaster recovery period because ``the water supply, handling and
treatment capabilities required to operate a wet scrubber may be
unavailable for long periods of time in the disaster areas, while the
need for recovery is immediate,'' rendering it infeasible to comply
with CAA section 129 rules during emergency temporary use when the
standards in questions were based on the use of control technologies
like wet scrubbers. Id. at 74880. In addition, ``regulation would
hinder the recovery effort, and this impact would outweigh the benefits
from regulation of the units.'' Id. at 74879. Accordingly, the EPA
exercised its discretion under CAA section 129(a)(1)(5) to define the
scope of OSWI to exclude incinerators from being subject to CAA section
129 standards and associated requirements when they are used to combust
debris during disaster recovery. To qualify for this exclusion, an
incinerator ``must be used to combust debris in an area declared a
State of Emergency by a local or State

[[Page 41511]]

government, or the President, under the authority of the Stafford Act,
has declared that an emergency or a major disaster exists in the
area.'' 40 CFR 60.2969 (OSWI NSPS); see also 40 CFR 60.3061 (OSWI EG).
In addition, owners and operators must follow the notification
requirements in the temporary-use provisions. Id.
Because these temporary-use provisions are codified in the Federal
OSWI regulations, they are currently limited to incinerators subject to
the Federal OSWI regulations. The EPA has realized that States need
more incinerators for emergency/disaster debris cleanup, and some have
requested the temporary use of CISWI for such purpose. Therefore, based
on the same authority and for the same reasons explained in the 2005
OSWI rule \2\ and here in section II.B. of this preamble, the EPA is
including similar temporary-use provisions for disaster recovery in
CISWI regulations, thereby extending such temporary use to incinerators
at commercial and industrial facilities.
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\2\ 70 FR 74875 and 74879 (December 16, 2005).
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CAA section 129(a)(1)(C) requires that the EPA establish standards
for ``solid waste incineration units combusting commercial and
industrial wastes.'' However, this action provides for the temporary
use of CISWI during disaster recovery to burn debris (which is defined
in the Webster Dictionary as remains of materials broken or destroyed,
in this case by a natural disaster or emergency); the temporary-use
provisions do not apply to combustion of commercial and industrial
wastes (i.e., wastes generated by commercial and industrial facilities)
for which standards are required under CAA section 129(a)(1)(C). The
EPA, therefore, concludes that incinerators at commercial and
industrial facilities need not comply with CAA section 129 emission
standards and associated requirements for CISWI while they are used on
a temporary basis to combust non-hazardous, disaster related debris,
not waste from their normal operations.
Please note that while the EPA is amending the CISWI EG (40 CFR
part 60, subpart DDDD), along with the CISWI NSPS and Federal plan, to
include the temporary-use provisions, the CISWI EG does not directly
apply to existing CSIWI covered by that EG. However, States may revise
their State plans implementing 40 CFR part 60, subpart DDDD to add the
temporary-use provisions that are now in 40 CFR part 60, subpart DDDD,
thereby allowing their existing CISWI to be used temporarily for
emergency/disaster debris cleanup without complying with their CAA
section 129 standards during that period.

B. What is the regulatory history for this action?

In 2005, the EPA promulgated the OSWI NSPS (40 CFR part 60, subpart
EEEE) and EG (40 CFR part 60, subpart FFFF). 70 FR 74870 (December 16,
2005). Those regulations established CAA section 129 standards and
associated requirements for OSWI and also allow temporary use of
incinerators to burn debris during disaster recovery without complying
with such standards as would apply under ordinary circumstances.
Because these OSWI regulations are currently the only CAA section 129
regulations with such temporary-use provisions, only incinerators
subject to OSWI NSPS or State plans implementing OSWI EG may be used on
a temporary basis to combust debris from a disaster or emergency
without complying with CAA section 129 requirements during that period.
On January 24, 2025, President Trump issued Executive Order (E.O.)
14181, ``Emergency Measures to Provide Water Resources in California
and Improve Disaster Response in Certain Areas'' to expedite cleanup of
the catastrophic wildfires in Los Angeles County.\3\ Executive Order
14181 sparked renewed awareness of regulatory challenges associated
with disaster recovery. When Hurricane Helene seriously impacted many
States on the Eastern seaboard in September 2024, the EPA could not
grant North Carolina's request to use CISWI to combust disaster-related
non-hazardous debris without complying with CAA section 129 standards
because the CISWI regulations did not have temporary-use provisions
like those in the OSWI regulations.
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\3\ Executive Order 14181, Emergency Measures to Provide Water
Resources in California and Improve Disaster Response in Certain
Areas, 90 FR 8747 (January 24, 2025).
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C. What action is the EPA taking?

As incinerators are useful for disaster/emergency cleanup and
recovery efforts that directly implicate and benefit human health and
the environment, the EPA does not want to hinder the temporary use of
incinerators during these types of events. To respond to this need, in
this rule, the EPA is including in the CISWI regulations temporary-use
provisions similar to those in the Federal OSWI regulations. As
amended, the EPA's regulations will now provide that CISWI used on a
temporary basis to combust debris from a disaster or emergency such as
a tornado, hurricane, flood, ice storm, high winds, or act of
bioterrorism need not comply with otherwise applicable CAA section 129
requirements when used for such purposes and the requirements of the
regulation for such use are satisfied. Such temporary-use provisions
are provided in the following CAA section 129 regulations:
<bullet> 40 CFR part 60, subpart CCCC--Standards of Performance for
Commercial and Industrial Solid Waste Incineration Units
<bullet> 40 CFR part 60, subpart DDDD--Emission Guidelines and
Compliance Times for Commercial and Industrial Solid Waste Incineration
Units
<bullet> 40 CFR part 62, subpart IIIa--Federal Plan Requirements
for Commercial and Industrial Solid Waste Incineration Units That
Commenced Construction On or Before June 4, 2010, and Have Not Been
Modified or Reconstructed Since August 7, 2013
As discussed in section II.A of this preamble, the temporary-use
provisions in 40 CFR part 60, subpart DDDD do not directly apply to
existing sources. However, States may amend their State plans
implementing 40 CFR part 60, subpart DDDD to include these temporary-
use provisions.

III. What are the actions and rationale for this rulemaking?

A. Temporary Use of CISWI During Disaster Recovery

The EPA is amending CISWI regulations to establish temporary-use
disaster recovery and emergency provisions similar to those in the
Federal OSWI regulations. Accordingly, like OSWI units, CISWI units
used to combust debris during qualifying disaster events will no longer
be bound by the CAA section 129 emission standards that apply during
ordinary circumstances as long as they meet the conditions for these
temporary-use provisions. Specifically, CISWI units may only be used to
combust debris in an area that has been declared as a State of
Emergency by a local or state government or where the President, under
the authority of the Stafford Act, has declared that an emergency or a
major disaster exists in the area. Under these temporary-use
provisions, debris that is combusted is any non-hazardous material that
must be the remains of something that was destroyed, broken, or
discarded as a result of a disaster or emergency such as a tornado,
hurricane, flood, ice storm, high winds, or act of bioterrorism. During
the disaster recovery period, the CISWI cannot burn waste from normal
operations at their facilities. As explained further below, owners and
or operators must follow the

[[Page 41512]]

notification requirements specified in the temporary-use provisions.
In addition, under the CISWI temporary-use provisions, control
devices installed to comply with CISWI NSPS, the CISWI Federal plan, or
a State plan implementing CISWI EG would continue operation during
temporary-use status unless it is not technically feasible to do so due
to conditions in the disaster recovery area.\4\ Examples of
infeasibility to operate include insufficient electricity to operate a
control device, lack of water to operate a wet scrubber or quench, and
inability to get replacement supplies such as activated carbon or parts
for maintenance because of the impacts of the disaster at issue.
---------------------------------------------------------------------------

\4\ In promulgating the temporary use provisions in the OSWI
rules, the EPA recognized that there may be instances where it is
not technically feasible to operate a control device through the
entire duration of a disaster recovery period. (70 FR 74880;
December 16, 2005). Likewise, in this rule, the EPA is requiring
that existing controls continue to operate during the temporary use
period if technically feasible, thereby acknowledging potential
operational issues during such period but minimizing emissions where
there are not such issues.
---------------------------------------------------------------------------

We believe that during the disaster recovery period, regulatory
requirements for CISWI that apply during ordinary circumstances are not
appropriate for incinerators that are burning only non-hazardous debris
and only long enough to complete the recovery tasks; these incinerators
are not used as long-term waste disposal devices that CAA section 129
standards are designed to regulate. Also, as the EPA previously
explained, ``in emergency situations, quick removal of debris is of
utmost importance to maintain public health and safety, and temporary-
use incinerators may be best suited to dispose of debris.'' 70 FR 74879
(December 16, 2005) The EPA, therefore, elected not to require OSWI
compliance with the CAA section 129 standards that apply under ordinary
circumstances when they are used on a short-term basis to burn debris
during disaster recovery, noting that such ``regulation would hinder
the recovery effort, and this impact would outweigh the benefits from
regulation of the units.'' Id. The EPA found that:
``this proactive approach, which addresses the terms for use of a
temporary-use incinerator during declared emergencies or disasters, is
better than an approach that requires the EPA and others to react
during or immediately after such an emergency or disaster strikes. We
also point out that States and the Federal Government have specific
procedures that are followed in declaring an area a State of Emergency
or a major disaster area. Their procedures involve extensive
involvement by local, State, and Federal officials to conduct a
preliminary damage assessment, develop debris removal plans, and
coordinate and manage disaster assistance activities.'' Id.
While owners or operators do not have to meet the emission
limitations or other requirements applicable to the CISWI during this
period as long as they follow the temporary-use provisions, failure to
do so would mean that the temporary use is improperly invoked; in that
event, the incinerator remains subject to the CISWI regulations that
would normally apply, and the incinerator could be found to be in
violation if it is not in compliance.

B. Temporary-Use Period and Notifications

Similar to the OSWI regulations, the EPA is not requiring
notification of temporary use of CISWI for disaster recovery that lasts
8 consecutive weeks or less (beginning on the date the unit starts
operation in response to a disaster or emergency). If the incinerator
will be used for longer than 8 weeks, the owner or operator must notify
the Administrator and request permission to continue to operate. The
notification must be submitted in writing by the date 8 weeks after the
temporary-use incinerator starts operation and must include the date
the incinerator started operation within the boundaries of the current
emergency or disaster declaration area, identification of the disaster
or emergency for which the incinerator is being used, a description of
the types of materials being burned in the incinerator, a brief
description of the size and design of the unit, including any existing
control devices, the reasons the incinerator must be operated for more
than eight weeks, the amount of time for which the owner or operator
requests permission to operate, including the date the unit is expected
to cease operation, and, if applicable, a brief description of why the
control devices are infeasible to operate due to the disaster.
After notifying the Administrator in accordance with the above, the
owner or operator may extend operation for an additional 8 weeks for a
total of 16 weeks from the date the unit started operation. Owners or
operators do not have to meet the emission limitations or other
requirements applicable to the CISWI during this period. This and the
ability to start temporary use without notification during the first 8
weeks are aimed to ease the burden during or immediately after a
disaster or emergency.
If the request is for a period beyond another 8 weeks, at the end
of 16 weeks from the date the CISWI started operation within the
boundaries of the current emergency or disaster declaration area, the
owner or operator must cease operation of the unit or comply with all
requirements, unless the Administrator has approved in writing your
request to continue operation for the requested period.
Upon the effective date of this rule, the temporary-use provisions
are effective immediately for incinerators subject to CISWI NSPS (40
CFR part 60, subpart CCCC) and the Federal plan (40 CFR part 62,
subpart IIIa). The EPA is adding the same temporary-use provisions in
the CISWI EG, 40 CFR part 60, subpart DDDD, which would allow States to
amend their State plans for existing CISWI to incorporate this
temporary-use provision.

IV. Rulemaking Procedures

The EPA's authority for the rulemaking procedures followed in this
action is provided by Administrative Procedure Act (APA) section
553(b)(B), 5 U.S.C. 553(b)(B), which allows an agency to forego prior
notice and comment ``when the agency for good cause finds (and
incorporates the finding and a brief statement of reasons therefore in
the rule issued) that notice and public procedure thereon are
impracticable, unnecessary, or contrary to the public interest.'' \5\
This action is being issued without prior notice or opportunity for
public comment because the EPA finds that prior notice and comment
would be impracticable, unnecessary, and contrary to the public
interest under the circumstances.
---------------------------------------------------------------------------

\5\ Although the procedural requirements of CAA section 307(d)
apply to the EPA's promulgation or revision of any standard or
requirement under CAA section 129, these procedural requirements do
not apply ``in the case of any rule or circumstance referred to in
subparagraphs (A) or (B) of [APA section 553(b)].'' CAA section
307(d)(1), 42 U.S.C. 7607(d)(1).
---------------------------------------------------------------------------

As discussed in section II of this preamble, this interim final
rule amends the EPA's CISWI regulations to include temporary use
provisions for incinerators during disaster recovery that are
essentially the same as those in the existing OSWI regulations.
Prior notice and comment on the temporary-use provisions would be
impracticable given the demonstrated need for enhanced disaster recover
capacity. Recent disaster events have demonstrated that more
incinerators are needed in disaster recovery efforts. Because
hurricane, flood, and wildfire

[[Page 41513]]

seasons are all underway, with new events continuously creating a
critical demand for this authority, the EPA must take immediate action
to put in place these temporary-use provisions to ensure that more
incinerators are available for recovery efforts during and following
emergencies and major disasters. Prior notice and comment would be
impracticable given the purpose of this rulemaking to address pressing
need, as standard procedures would result in delaying final action
until the conclusion of many of this year's disaster seasons.
Prior notice and comment would be unnecessary because these changes
are essentially the same temporary-use provisions as the long-standing
OSWI temporary-use provisions that have been implemented in various
disaster recovery efforts, including those in North Carolina following
Hurricane Helene in September 2024. The OSWI temporary-use provisions
underwent notice and comment, which the EPA considered before
finalizing. It is, therefore, unnecessary to provide a new round of
notice and comment on essentially the same provisions.
In addition to adopting the OSWI temporary-use provisions, the
temporary-use provisions for CISWI include a condition that existing
controls remain operating during the temporary-use period unless
operation is infeasible due to the disaster. This condition minimizes
emissions during disaster recovery and creates no additional burden on
the CISWI owners and operators as the controls are already in place and
operating. We, therefore, do not consider that the addition of this
condition warrants a new round of notice and comment.
For much the same reasons, the EPA finds that prior notice and
comment would be contrary to the public interest under the
circumstances. As explained further below with respect to the effective
date for this action, the public interest is furthered by an immediate
availability of the allowances already afforded to OSWI units to CISWI
units because of the pressing need for rapid and effective disaster
relief where such circumstances are present. The EPA has successfully
administered the same allowances for OSWI units for decades without
experiencing significant drawbacks and is committed to reviewing and
responding to public comments and revising this action if appropriate.
This rule is effective immediately upon publication. Section 553(d)
of the APA requires publication of the final rule to precede the
effective date by at least 30 days unless, as relevant here, the Agency
finds good cause to make the rule effective immediately upon
publication under APA section 553(d)(3).\6\ For the reasons explained
below, the Agency finds that there is good cause to make this rule
effective immediately upon publication.
---------------------------------------------------------------------------

\6\ See Omnipoint Corp. v. FCC, 78 F.3d 620, 630 (D.C. Cir.
1996) (in determining whether good cause exists to make a rule
immediately effective, an agency should ``balance the necessity for
immediate implementation against principles of fundamental fairness
which require that all affected persons be afforded a reasonable
amount of time to prepare for the effective date of its ruling'').
---------------------------------------------------------------------------

The public has a strong interest to have this rule take effect as
quickly as possible considering recent flooding in Texas, New Mexico,
and North Carolina, and the fact that hurricane season and the peak of
wildfire season are underway. The regulated community needs little, if
any, time to prepare for this rule, which adds no new burden to the
owners and operators of the incinerators during the temporary-use
period. The only requirement is to send a notice to the EPA if the
units are to be used longer than 8 weeks. This routine notification
requirement requires minimal resources and would not come into play for
any unit until well after the default 30 day delayed effectiveness
period. For the reasons provided above, the Agency finds that there is
good cause to make this rule effective immediately upon publication.
APA section 553(d)(1) also justifies making the action effective
immediately as it ``grants or recognizes an exemption or relieves a
restriction.'' The temporary-use provisions relieve a restriction
because they provide relaxed requirements for when CISWI units are used
temporarily to combust debris in an area declared a State of Emergency
that meets the requirements set out in this action.

V. Summary of Cost, Environmental, and Economic Impacts

This rule will allow for the temporary use of CISWI during a
qualifying disaster. Facilities with CISWI that use the disaster
recovery temporary-use provisions are not subject to additional control
requirements; in fact, they do not need to meet the CAA section 129
requirements during this temporary-use period. Therefore, we anticipate
there will not be any additional compliance costs. As cleanup responses
are required during and following a disaster or emergency, we
anticipate this action to add zero or de minimis environmental impacts
due to this action supplanting alternative combustion options.

VI. Request for Comment

As explained in section IV of this preamble, the EPA finds good
cause to issue this interim final rule without prior notice or
opportunity for public comment. However, the EPA is providing an
opportunity for the public to comment on the temporary-use provisions
established in this final rule and requests comment on the provisions
described herein. The EPA will review comments received and consider
whether the provisions should be revised, if appropriate, in response
to comments received.

VII. Statutory and Executive Order Reviews

Additional information about these statutes and Executive Orders
can be found at <a href="http://www.epa.gov/laws-regulations/laws-and-executive-orders">www.epa.gov/laws-regulations/laws-and-executive-orders</a>.

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 was,
therefore, not submitted to the Office of Management and Budget (OMB)
for review.

B. Executive Order 14192: Unleashing Prosperity Through Deregulation

This action is considered an Executive Order 14192 deregulatory
action. This final rule provides burden reduction during emergency and
disaster recovery with the temporary-use provisions for CISWI.

C. Paperwork Reduction Act (PRA)

The information collection activities in this rule have been
submitted for approval to OMB under the PRA. The information collection
request (ICR) documents that the EPA prepared have been assigned EPA
ICR number 7811.01 (subpart CCCC) and number 7812.01 (subpart DDDD).
You can find a copy of the ICRs in the docket for this rule, and it is
briefly summarized here. The information collection requirements are
not enforceable until OMB approves them.
This action amends the current requirements in 40 CFR part 60
subparts CCCC and DDDD and 40 CFR part 62 subpart IIIa to allow owners
and operators to temporarily combust debris associated with disaster
recovery. As part of these new requirements, owners and operators must
submit a notification to the Administrator whenever an incinerator is
used to combust this type of debris for more than 8 weeks. There are no
other changes to the notification, recordkeeping, and reporting
requirements in these subparts. These

[[Page 41514]]

notifications, reports, and records are essential in determining
compliance with the applicable subpart.
Respondents/affected entities: Owners and operators of new and
existing CISWI units.
Respondent's obligation to respond: Mandatory if temporary use
exceeds 8 weeks (40 CFR part 60, subpart CCCC, 40 CFR part 60, subpart
DDDD, and 40 CFR part 62, subpart IIIa).
Estimated number of respondents: 92 (16 for 40 CFR part 60, subpart
CCCC and 76 for 40 CFR part 60, subpart DDDD and 40 CFR part 62,
subpart IIIa), of which the EPA estimates that approximately 4.3 (1.6
and 2.7 for new and existing units, respectively) will be subject to
this new notification requirement annually.
Frequency of response: As needed for disaster recovery.
Total estimated burden: 2,230 hours per year for 40 CFR part 60,
subpart CCCC and 8,660 hours per year for 40 CFR part 60, subpart DDDD
and 40 CFR part 62, subpart IIIa, of which the EPA estimates
approximately 3.7 and 6.2 burden hours, respectively, are associated
with this notification annually. Burden is defined at 5 CFR 1320.3(b).
Total estimated cost: $1,530,000 (per year) for 40 CFR part 60,
subpart CCCC and 13,500,000 (per year) for 40 CFR part 60, subpart DDDD
and 40 CFR part 62, subpart IIIa, of which the EPA estimates that
approximately $529 and $893, respectively, are associated with this
notification annually.
An agency may not conduct or sponsor, and a person is not required
to respond to, an ICR unless it displays a currently valid OMB control
number. The OMB control numbers for the EPA's regulations in 40 CFR are
listed in 40 CFR part 9. When OMB approves this ICR, the Agency will
announce that approval in the Federal Register and publish a technical
amendment to 40 CFR part 9 to display the OMB control number for the
approved information collection activities contained in this final
rule.

D. Regulatory Flexibility Act (RFA)

This action is not subject to the RFA. The RFA applies only to
rules subject to notice and comment rulemaking requirements under the
APA, 5 U.S.C. 553, or any other statute. This rule is not subject to
notice-and-comment requirements because the Agency has invoked the APA
``good cause'' exemption under 5 U.S.C. 553(b).

E. Unfunded Mandates Reform Act (UMRA)

This action does not contain an unfunded mandate of $100 million or
more (in 1995 dollars) as described in the UMRA, 2 U.S.C. 1531-1538,
and does not significantly or uniquely affect small governments. This
action imposes no enforceable duty on any state, local or Tribal
governments or the private sector.

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. It will neither
impose substantial direct compliance costs on Federally recognized
Tribal governments, nor preempt Tribal law. 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 and explain 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. Emissions changes are projected to be zero or de minimis, and
therefore effects on children's health would also be zero or de
minimis.
However, EPA's Policy on Children's Health applies to this action.
Information on how the Policy was applied is available under
``Children's Environmental Health'' in the Supplementary Information
section of this preamble.

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 rulemaking does not involve technical standards.

K. Congressional Review Act

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

List of Subjects

40 CFR Parts 60 and 62

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

Lee Zeldin,
Administrator.

For the reasons stated in the preamble, the Environmental
Protection Agency amends 40 CFR parts 60 and 62 as follows:

PART 60--STANDARDS OF PERFORMANCE FOR NEW STATIONARY SOURCES

0
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

0
2. Under the undesignated center heading ``Applicability'' add Sec.
60.2041 to read as follows:

Sec. 60.2041 What are the requirements for temporary-use incinerators
and air curtain incinerators used in disaster recovery?

[[Page 41515]]

Stafford Act, has declared that an emergency or a major disaster exists
in the area. If your CISWI or air curtain incinerator is equipped with
a control device, you must continue to run that control device in order
to qualify for this exclusion, unless the control device is infeasible
to operate as a result of the disaster Additionally, you must follow
the requirements specified in paragraphs (b) through (d) of this
section.
(b) If the CISWI or air curtain incinerator is used in accordance
with paragraph (a) of this section during a period that begins on the
date the unit started operation and lasts 8 weeks or less within the
boundaries of the same emergency or disaster declaration area, then it
is excluded from the requirements of this subpart. You do not need to
notify the Administrator of its use or meet the emission limitations or
other requirements of this subpart.
(c) If the CISWI or air curtain incinerator will be used during a
period that begins on the date the unit started operation and lasts
more than 8 weeks within the boundaries of the same emergency or
disaster declaration area, you must notify the Administrator that the
temporary-use CISWI or air curtain incinerator will be used for more
than 8 weeks and request permission to continue to operate the unit as
specified in paragraphs (c)(1) and (2) of this section.
(1) The notification must be submitted in writing by the date 8
weeks after you start operation of the temporary-use CISWI or air
curtain incinerator within the boundaries of the current emergency or
disaster declaration area.
(2) The notification must contain the date the CISWI or air curtain
incinerator started operation within the boundaries of the current
emergency or disaster declaration area, identification of the disaster
or emergency for which the CISWI or air curtain incinerator is being
used, a description of the types of materials being burned in the CISWI
or air curtain incinerator, a brief description of the size and design
of the unit (for example, an air curtain incinerator or a modular
starved-air incinerator), the reasons the CISWI or air curtain
incinerator must be operated for more than 8 weeks, and the amount of
time for which you request permission to operate including the date you
expect to cease operation of the unit.
(d) If you submitted the notification containing the information in
paragraph (c)(2) of this section, by the date specified in paragraph
(c)(1) of this section, you may continue to operate the CISWI or air
curtain incinerator for another 8 weeks, which is a total of 16 weeks
from the date the unit started operation within the boundaries of the
current emergency or disaster declaration area, so long as control
devices continue to run as able. You do not have to meet the emission
limitations or other requirements of this subpart during this period.
(1) At the end of 16 weeks from the date the CISWI or air curtain
incinerator started operation within the boundaries of the current
emergency or disaster declaration area, you must cease operation of the
unit or comply with all requirements of this subpart, unless the
Administrator has approved in writing your request to continue
operation.
(2) If the Administrator has approved in writing your request to
continue operation, then you may continue to operate the CISWI or air
curtain incinerator within the boundaries of the current emergency or
disaster declaration area until the date specified in the approval, and
you do not need to comply with any other requirements of this subpart
during the approved time period.

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

0
3. Under the undesignated center heading ``Applicability of State
Plans'' add Sec. 60.2556 to read as follows:

Sec. 60.2556 What are the requirements for temporary-use incinerators
and air curtain incinerators used in disaster recovery?

(a) If your CISWI or air curtain incinerator is used on a temporary
basis to combust debris from a disaster or emergency such as a tornado,
hurricane, flood, ice storm, high winds, or act of bioterrorism, it is
excluded from the requirements of this subpart during the temporary-use
period permitted under paragraphs (b) through (d) of this section as
long as your CISWI or air curtain incinerator is used in accordance
with paragraph (a) of this section. To qualify for this exclusion, the
CISWI or air curtain incinerator may only be used to combust debris in
an area declared a State of Emergency by a local or state government,
or the President, under the authority of the Stafford Act, has declared
that an emergency or a major disaster exists in the area. If your CISWI
or air curtain incinerator is equipped with a control device, you must
continue to run that control device in order to qualify for this
exclusion, unless the control device is infeasible to operate as a
result of the disaster. Additionally, you must follow the requirements
specified in paragraphs (b) through (d) of this section.
(b) If the CISWI or air curtain incinerator is used in accordance
with paragraph (a) of this section during a period that begins on the
date the unit started operation and lasts 8 weeks or less within the
boundaries of the same emergency or disaster declaration area, then it
is excluded from the requirements of this subpart. You do not need to
notify the Administrator of its use or meet the emission limitations or
other requirements of this subpart.
(c) If the CISWI or air curtain incinerator will be used during a
period that begins on the date the unit started operation and lasts
more than 8 weeks within the boundaries of the same emergency or
disaster declaration area, you must notify the Administrator that the
temporary-use CISWI or air curtain incinerator will be used for more
than 8 weeks and request permission to continue to operate the unit as
specified in paragraphs (c)(1) and (2) of this section.
(1) The notification must be submitted in writing by the date 8
weeks after you start operation of the temporary-use CISWI or air
curtain incinerator within the boundaries of the current emergency or
disaster declaration area.
(2) The notification must contain the date the CISWI or air curtain
incinerator started operation within the boundaries of the current
emergency or disaster declaration area, identification of the disaster
or emergency for which the CISWI or air curtain incinerator is being
used, a description of the types of materials being burned in the CISWI
or air curtain incinerator, a brief description of the size and design
of the unit (for example, an air curtain incinerator or a modular
starved-air incinerator), the reasons the CISWI or air curtain
incinerator must be operated for more than 8 weeks, and the amount of
time for which you request permission to operate including the date you
expect to cease operation of the unit.
(d) If you submitted the notification containing the information in
paragraph (c)(2) of this section, by the date specified in paragraph
(c)(1) of this section, you may continue to operate the CISWI or air
curtain incinerator for another 8 weeks, which is a total of 16 weeks
from the date the unit started operation within the boundaries of the
current emergency or disaster declaration area, so long as control
devices continue to run as able. You do not have to meet the emission
limitations or other requirements of this subpart during this period.

[[Page 41516]]

(1) At the end of 16 weeks from the date the CISWI or air curtain
incinerator started operation within the boundaries of the current
emergency or disaster declaration area, you must cease operation of the
unit or comply with all requirements of this subpart, unless the
Administrator has approved in writing your request to continue
operation.
(2) If the Administrator has approved in writing your request to
continue operation, then you may continue to operate the CISWI or air
curtain incinerator within the boundaries of the current emergency or
disaster declaration area until the date specified in the approval, and
you do not need to comply with any other requirements of this subpart
during the approved time period.

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

0
4. The authority citation for part 62 continues to read as follows:

Authority: 42 U.S.C. 7401 et seq.

Subpart IIIa--Federal Plan Requirements for Commercial and
Industrial Solid Waste Incineration Units That Commenced
Construction on or Before June 4, 2010, and Have Not Been Modified
or Reconstructed Since August 7, 2013

0
5. Under the undesignated center heading ``Applicability'' add Sec.
62.14531a to read as follows:

Sec. 62.14531a What are the requirements for temporary-use
incinerators and air curtain incinerators used in disaster recovery?

[FR Doc. 2025-16360 Filed 8-25-25; 8:45 am]
BILLING CODE 6560-50-P

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