The U.S. Environmental Protection Agency (EPA) is initiating consultation with federally recognized Indian Tribes to obtain input on the Agency’s proposed consolidation of air curtain incinerator (ACI) requirements and provision for the temporary use of Commercial and Industrial Solid Waste Incineration (CISWI) units during disaster response under Clean Air Act (CAA) section 129.
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.
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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