Rule2026-05395
Commercial and Industrial Solid Waste Incineration Units: Temporary-Use Incinerators and Air Curtain Incinerators Used in Disaster Recovery; Rescission of Interim Final Rule
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
March 19, 2026
Effective
March 19, 2026
Issuing agencies
Environmental Protection Agency
Abstract
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.
Full Text
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<title>Federal Register, Volume 91 Issue 53 (Thursday, March 19, 2026)</title>
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[Federal Register Volume 91, Number 53 (Thursday, March 19, 2026)]
[Rules and Regulations]
[Pages 13225-13227]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-05395]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 60 and 62
[EPA-HQ-OAR-2003-0119; FRL-12232-04-OAR]
RIN 2060-AW43
Commercial and Industrial Solid Waste Incineration Units:
Temporary-Use Incinerators and Air Curtain Incinerators Used in
Disaster Recovery; Rescission of Interim Final Rule
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule; rescission of interim final rule.
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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 <a href="https://www.regulations.gov/">https://www.regulations.gov/</a> 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 <a href="https://www.regulations.gov/">https://www.regulations.gov/</a>, 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: <a href="/cdn-cgi/l/email-protection#0e6a6f78677d20686b62676d6f4e6b7e6f20696178"><span class="__cf_email__" data-cfemail="a1c5c0d7c8d28fc7c4cdc8c2c0e1c4d1c08fc6ced7">[email protected]</span></a>.
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
[[Page 13226]]
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 <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>.
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.
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\1\ 90 FR 41508.
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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.
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\2\ Id. at 41513.
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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 <a href="https://www.epa.gov/laws-regulations/laws-and-executive-orders">https://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 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.
[[Page 13227]]
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
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
Sec. 60.2041 [Removed and Reserved]
0
2. Remove and reserve Sec. 60.2041.
Subpart DDDD--Emissions Guidelines and Compliance Times for
Commercial and Industrial Solid Waste Incineration Units
Sec. 60.2556 [Removed and Reserved]
0
3. Remove and reserve Sec. 60.2556.
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 III--Federal Plan Requirements for Commercial and
Industrial Solid Waste Incineration Units That Commenced
Construction On or Before November 30, 1999
Sec. 62.14531a [Removed and Reserved]
0
5. Remove and reserve Sec. 62.14531a.
[FR Doc. 2026-05395 Filed 3-18-26; 8:45 am]
BILLING CODE 6560-50-P
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