Challenges and Solutions to Permitting Pyrolysis to Biochar Projects

In August 2020, the U.S. Environmental Protection Agency proposed to modify their Solid Waste Incineration Rules to exempt pyrolysis/combustion units from the definition of municipal waste combustion units, significantly relieving the regulatory burdon on pyrolyis units making biochar.  However, in May 2023 this exemption was rescinded, due in large part to adverse comments from the environmental community, and thus has brought pyrolysis units making biochar back into the more onerous world of solid waste incineration rules.  This is currently affecting the air quality permitting of pyrolysis units in California and likely elsewhere as state air quality agencies and air quality management districts become aware of the EPA ruling.  The challenges of this to project operators, and the conditions that such permitting would adversely affect the further development of pyrolysis to biochar projects, will be examined and presented, along with potential solutions that can be invoked so as to keep pyrolysis of woody biomass out of the solid waste combustion rules problem arena.  This could involve the determination that the woody biomass is not a waste and therefore not subject to solid waste regulations.  Other potential policy, regulatory, and statutory solutions and approaches will be offered up.