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Final Rule: Additions to List of Categorical Non-Waste Fuels

Rule Summary

The EPA is adding three materials to the list of categorical non-waste fuels under the 40 CFR Part 241 Non-Hazardous Secondary Materials. The three materials are:

  1. Construction and demolition (C&D) wood processed from C&D debris according to best management practices;
  2. Paper recycling residuals generated from the recycling of recovered paper, paperboard and corrugated containers and combusted by paper recycling mills whose boilers are designed to burn solid fuel; and
  3. Creosote-treated railroad ties that are processed and then combusted in the following types of units. (i) Units designed to burn both biomass and fuel oil as part of normal operations and not solely as part of start-up or shut down operations, and (ii) Units at major source pulp and paper mills or power producers subject to 40 CFR 63 Subpart DDDDD that had been designed to burn biomass and fuel oil, but are modified (e.g., oil delivery mechanisms are removed) in order to use natural gas, instead of fuel oil as part of normal operations and not solely as part of start-up or shut down operations.

This final rule also includes technical corrections to the February 7, 2013 final rule.

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Rule History

EPA published the proposal seeking comment on the addition of these three materials to the list of categorical non-waste fuel along with some technical corrections on April 14, 2014.

This proposed and now final rule builds upon the base NHSM regulatory program established on March 21, 2011. The NHSM regulatory program under 40 CFR part 241, provides the standards and procedures for identifying whether NHSMs are solid waste under the Resource Conservation and Recovery Act (RCRA) when used as fuels or ingredients in combustion units.

  • Combustion units that burn non-hazardous secondary materials that are not solid waste under RCRA would be subject to the section 112 Clean Air Act requirements for commercial, industrial or institutional boilers or cement kilns.
  • Combustion units that burn non-hazardous secondary materials that are solid waste under RCRA would be subject to the section 129 CAA requirements for solid waste incinerators.

Through the February 7, 2013 final NHSM rule, EPA added a process for stakeholders to request categorical non-waste determinations and provided a process to add additional NHSMs to the list of categorical non-waste fuels in 40 CFR 241.4. Today’s final rule adds three materials to this list.

EPA believes that identifying appropriate categorical non-waste fuels will provide greater clarity to the regulated community and the public, and reduce the burden on the regulated community by not requiring facilities to document individual determinations that these materials meet legitimacy criteria.

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Additional Resources

Frequent Questions about the Final Rule: Additions to List of Section 241.1 Categorical Non-Waste Fuels (January 19, 2016)

April 14, 2014 Proposed Rule

NHSM Categorical Rule Proposal (April 14, 2014) Frequent Questions

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