The proposed action would harmonize multiple ACI requirements currently spread across four rules under CAA section 129 into a single rule and would allow for the temporary use of CISWI units during disaster response. This proposed action defines ACI and establishes a single set of requirements for all ACI that only burn wood wastes, yard wastes, and clean lumber. Additionally, this proposal, if finalized, would make it easier for state, local, and Tribal governments to utilize CISWI units during a disaster under the temporary-use provision.
The EPA will accept public comments for 45 days after the proposed rule is published in the Federal Register. We have enclosed a fact sheet regarding the consolidation of standards for air curtain incinerators and provisions for temporary-use incinerators used in disaster recovery. For more information about this proposed action and information on how to submit comments, please see the EPA rulemaking website: https://www.epa.gov/stationary-sources-air-pollution/air-curtain-incinerators-only-burn-wood-wastes-yard-wastes-and
The EPA’s anticipated timeline for the consultation period is expected to extend through May 4, 2026. This consultation process will be conducted consistent with the EPA Policy on Consultation with Indian Tribes and the Guidance for Discussing Tribal Treaty or Similar Rights.1 The EPA invites you and/or your designated consultation representative(s) to participate in this process to discuss information related to the proposed consolidation and clarification of incinerator requirements, including treaty or similar rights, Indigenous knowledge, and sacred sites.
If you or your Tribe has questions about the proposed action or would like to request government-to-government consultation with the EPA on this rulemaking, please have your staff contact Bebhinn Do, Tribal Consultation Advisor, at Do.Bebhinn@epa.gov or (919) 541-0573, by April 20, 2026. We also encourage you to submit written comments to the docket to identify any information that you believe may be relevant to the development of the final rule. Tribe may submit written comments at https://www.regulations.gov/, Docket ID No. EPA-HQ-OAR-2025-0068, any time during the open comment period following publication in the Federal Register.
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