EPA Takes Steps to Require Waste Incinerators to Report Toxic Output

A factory emitting exhaust gases

The U.S. Environmental Protection Agency (EPA) will begin a rulemaking process aimed at requiring municipal waste incinerators to report their toxic chemical emissions to the Agency’s Toxics Release Inventory (TRI). This decision comes in response to a petition submitted by Public Employees for Environmental Responsibility (PEER) and the Energy Justice Network (EJN) on April 3, 2023. The rulemaking process will extend TRI reporting to facilities that burn municipal solid waste, some medical waste incinerators, as well as commercial, industrial, and pyrolysis and gasification facilities where waste incineration is the primary activity. The EPA estimates that this rule could impact approximately 60 facilities.

Under the current regulatory framework, only facilities that incinerate hazardous waste are required to disclose their toxic emissions to the TRI. However, many other types of incinerators—including those that burn municipal solid waste, medical waste, and industrial waste—are not subject to the same reporting requirements. These facilities emit a range of hazardous air pollutants, including particulate matter (PM2.5 and PM10), carbon monoxide, nitrogen oxides, acid gases, cancer-causing dioxins, and per- and polyfluoroalkyl substances (PFAS). Additionally, the ash produced by incinerators contains toxic chemicals that can leach into the environment, especially when it is transported, recycled into roads, or disposed of in landfills. This process poses significant health risks to nearby communities and ecosystems.

The EPA’s decision to expand TRI reporting marks a significant step toward improving transparency regarding the environmental and health impacts of waste incineration. By requiring incinerators to report their toxic releases, the public will have access to critical information about emissions from these facilities. This decision is seen as a positive development by environmental advocacy groups, including PEER and EJN, which argue that enhanced reporting will empower communities to hold these facilities accountable for their environmental impact.

Limiting the Scope of the Rule

However, the EPA did not fully adopt the petitioners’ request to include all types of waste incinerators. The Agency decided to exclude medical waste and sewage sludge incinerators, as well as certain commercial and industrial solid waste incinerators, from the TRI reporting requirements. This exclusion includes facilities where incineration is not the primary activity, such as medical waste incinerators at hospitals or sewage sludge incinerators at sewage treatment plants. The EPA also noted that many commercial and industrial waste incinerators are already covered by TRI requirements if they are part of larger facilities. 

In its response, the EPA explained that its decision was based on limited resources and other priorities within the TRI program. The Agency emphasized that expanding TRI coverage to include all of the sectors requested by PEER and EJN was not feasible at this time. However, the EPA did leave open the possibility of revisiting the issue in the future, suggesting that additional sectors could be included under TRI reporting at a later date.

Health and Environmental Impacts

The health and environmental risks associated with waste incineration are well-documented. Incinerators emit a variety of pollutants that can contribute to respiratory problems, cardiovascular diseases, and cancer. Fine particulate matter (PM2.5), for example, is linked to lung diseases and heart conditions, while dioxins, which are formed during the combustion of certain materials, are some of the most toxic substances known to science. These pollutants are often released into the air and can settle on the ground, contaminating soil and water supplies.

Communities living near waste incinerators are particularly vulnerable to these pollutants. The harmful emissions from these facilities can disproportionately affect low-income and marginalized communities, which are often located near industrial sites. The lack of transparency around the emissions from waste incinerators has raised concerns about public health, particularly in areas already facing environmental burdens.

While the EPA’s action to require municipal waste incinerators to report their emissions to the TRI is a positive development, there is still much work to be done. Advocacy groups continue to push for broader regulations and increased transparency to protect public health and the environment. In particular, they are calling for stronger emissions standards and more comprehensive reporting to ensure that all types of waste incinerators are held accountable for their impact on air quality and human health.

As the EPA moves forward with its rulemaking process, stakeholders will continue to monitor the situation and advocate for additional measures to safeguard communities from the harmful effects of waste incineration. The Agency’s decision to take action on this issue signals a growing recognition of the risks associated with waste incineration, but advocates remain vigilant in pushing for even stronger protections.