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1 2 Bill No. 36-0232 An act amending Act No. 8018 to authorize the disposal of green waste using controlled incineration technologies, including air curtain incinerators, and for other purposes. PRESENTED BY Daryl D. Jaschen DIRECTOR VIRGIN ISLANDS TERRITORIAL EMERGENCY MANAGEMENT AGENCY Submitted to SENATOR AVERY L. LEWIS, CHAIRMAN Senate Committee on Government Operations, Veterans Affairs, and Consumer Protection Cleone H. Creque Legislative Conference Room in St. John, Virgin Islands March 10, 2026 2 | P a g e Good afternoon, Senator Avery L. Lewis, Chairman, Committee on Government 3 Operations, Veterans Affairs, and Consumer Protection, other committee members, 4 36th Legislature Staff, and those in the viewing and listening audience. I am Daryl 5 D. Jaschen, Director of the Virgin Islands Territorial Emergency Management 6 Agency (VITEMA). I am here today to provide testimony to Bill No. 36-0232, an 7 act amending Act No. 8018 to authorize the disposal of green waste using controlled 8 incineration technologies, including air curtain incinerators, and for other purposes, 9 dated February 2, 2026, proposed by Senator Clifford A. Joseph, Sr. 10 11 According to FEMA in a report published on December 9, 2017, in the United States 12 Virgin Islands, Hurricane Irma and Hurricane Maria generated 850,000 cubic yards 13 of debris. Of that amount, an estimated 60%, or 510,000 cubic yards, comprised 14 vegetation debris such as downed trees and tree limbs, palm fronds, brush, and grass. 15 By March 23, 2018, Government House reported an even larger amount, an 16 estimated 750,00 cubic yards of vegetation debris had been picked up across all 17 islands. 18 19 The Federal Emergency Management Agency (FEMA), US Army Corps of 20 Engineers and Emergency Protection Agency are normally the lead federal agencies 21 working in conjunction with the local government agencies to reduce debris 22 following a Stafford Act approved disaster by the President of the United States 23 (POTUS). Overall, debris is categorized as power utility and telecommunications 24 debris, construction and demolition (C&D) debris, white goods debris, metal debris, 25 hazardous materials debris, marine debris, and vegetation debris. Through contracts 26 by Federal agencies or the Government of the U.S. Virgin Islands, most of the debris 27 is reduced and then transported outside the territory. The one exception is vegetation 28 3 | P a g e debris. Currently, vegetation debris must stay in the U.S. Virgin Islands as 29 determined by the U.S. Army Corps of Engineers. Normally, vegetation debris is 30 reduced in volume through various techniques. After debris reduction, the vegetation 31 is sent to VI Waste Management Authority landfills at Bovoni on St. Thomas and 32 Anguilla on St. Croix. Currently, there are no authorized permanent vegetation 33 debris locations on St. John or Water Island. 34 A joint USVI task force formed following hurricanes Irma and Maria concluded 35 there were three options for reduction of the vegetation debris: composting, 36 mulching, and air curtain incineration. However, the 32nd Legislature passed Act 37 8018 on December 21, 2017, after being vetoed by the Governor on December 13, 38 2017. Act 8018 bans the burning of all fallen trees and other vegetation debris 39 generated because of a natural disaster, thus subsequently eliminating the air curtain 40 incineration option. 41 The purpose of today’s hearing is to present discussion on amending Act 8018 to 42 include air curtain incineration as an additional option, along with composting and 43 mulching, in the reduction of vegetation debris generated during a disaster. The 44 bottom line is that a natural disaster in the U.S. Virgin Islands generates a 45 tremendous amount of vegetation debris in a very short period. There is very little 46 room to store vegetation waste and reduction techniques such as composting and 47 mulching, while very feasible options, take up precious land area, are slow, and 48 produce limited results. When vegetation debris is properly separated from other 49 types of debris, the air curtain incineration option provides both a quick and an 50 environmentally friendly solution. 51 52 By definition, an air curtain incinerator is a pollution-control device that burns 53 vegetative debris, using a high-velocity fan to create an air curtain over a steel box. 54 4 | P a g e This technology increases combustion temperatures and efficiency, significantly 55 reducing smoke and particulate matter, compared to open burning. A self-contained 56 above ground air curtain incinerator can reduce vegetation debris at a rate of 10 tons 57 per hour or 40 cubic yards per hour. This translates to 3,360 cubic yards a week, 58 running 12-hours days, 7-days a week. 59 60 As testimony to the environmentally friendly nature of an air curtain incinerator, on 61 April 17, 2024, the U.S. Environmental Protection Agency removed, under the Code 62 of Federal Regulations, Title 40, Part 60, paragraph 60.2069, the title V permit 63 requirements for air curtain incinerators, as long as it burns only wood waste, clean 64 lumber, yard waste, or a mixture of these three types of waste. To qualify for the 65 exclusion, “the air curtain incinerators must be used to combust debris in an area 66 declared a State of Emergency by a local or State government, or the President, under 67 the authority of the Stafford Act. The duration of use without needing to notify the 68 EPA is eight (8) weeks, and if the period lasts more than 8 weeks, you must notify 69 the EPA and request permission to continue to operate for an additional 8 weeks. At 70 the end of 16 weeks from the date the air curtain started operation, you must cease 71 operation, unless the EPA has approved in writing your request to continue 72 operation.” 73 74 Currently, the only requirement from the EPA is that the air curtain incinerator 75 complies with opacity requirements under the Other Solid Waste Incinerators rule. 76 Opacity is the measure of visible smoke emissions. This rule requires a check as 77 defined in paragraph 62.14755a with opacity of less than or equal to 10 percent 78 during operation and less than or equal 35 percent during startup period within the 79 first 30-minutes of operation. 80 5 | P a g e 81 The use of an air curtain incinerator in the U.S. Virgin Islands following a natural 82 disaster provides for quick and environmentally safe method to reduce vegetation 83 debris. Additionally, this method destroys pests and pathogens making it a valuable 84 alternative to chipping and hauling which can spread infestations. The process 85 achieves a significant volume reduction, converting 95% to 98% of the waste into 86 sterile ash. 87 88 VITEMA is in full support of the proposed amendment to Act No. 8018, especially 89 during times of natural disasters, which generate a large volume of vegetation debris 90 in a short period of time, and cannot be transported outside the Territory. 91 92 Thank you for the opportunity to present testimony on Bill No. 36-0232. I am 93 prepared to answer any questions any members of this committee may have at this 94 time. 95