Policy and regulation challenges behind mobile biochar production in the U.S.

In the United States, biochar is an emerging industry product with high potential for a wide variety of applications. Biochar can be made from low to no-value woody biomass left over from forest management activities, giving land managers a use for otherwise unused slash. While it has been empirically demonstrated that biochar can improve forest conditions by reducing wildfire threats and providing various ecosystem services (such as water quality improvement, increased nutrient retention, and reduced soil compaction), barriers to widespread biochar creation and use still exist. 

One of the barriers to certain in-woods production methods, namely air curtain incinerators, is that they are regulated by the Clean Air Act of 1990. As stipulated by the Clean Air Act, operation permits are required if activities will release pollutants into the atmosphere, and biochar created via mobile pyrolysis units can fall under various regulations of the Clean Air Act. Air curtain incinerators fall under the “other solid waste incinerators” category for regulation, while units such as flame cap carbonizers do not. As a result, it can be tricky for managers to determine which permits are needed for which units, and if approval will be granted for operation in the given area. Discrepancies across regions in the definitions of incineration and pyrolysis and the different requirements all contribute to confusion in permitting. 

Air pollution caused by biochar production can be outweighed by the benefits biochar provides in carbon sequestration, water retention, and reductions in methane emissions from open burns. Consistent policies, regulations, and directives at all jurisdictional government levels may be needed to promote innovation and decrease pollution with respect to biochar production. Additional research on the woody feedstocks for biochar production, air emissions testing of existing in-woods biochar production units, and life cycle analyses of units may be required to further biochar innovation and use.

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