March 15, 2016

Additions to the List of Categorical Non-Waste Fuels

On March 21, 2011, EPA issued a final rule establishing a procedure to determine when nonhazardous materials used as fuels or ingredients in combustion units are solid waste under RCRA. [76 FR 15456] That rule, commonly referred to as the nonhazardous secondary materials (NHSMs) rule, was incorporated into a new Part 241 to the RCRA solid waste regulations. Additionally, Part 241 contains a list of NHSMs, referred to as “categorical non-waste fuels” that are not solid waste when used as fuel in a combustion unit. Provided certain conditions are met, materials on this list do not have to be evaluated under the general case-by-case standards and procedures that would apply to other NHSMs.

On February 8, 2016, the agency issued amendments adding three new materials to the list of categorical non-waste fuels [81 FR 6688]:

Paper recycling residues,
Wood processed from construction and demolition debris, and
Creosote-treated railroad ties.

The amendments are effective March 9, 2016.

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This document addresses issues of a general nature related to the federal RCRA regulations. Persons evaluating specific circumstances dealing with the RCRA regulations should review state and local laws and regulations, which may be more stringent than federal requirements. In addition, the assistance of a qualified professional should be enlisted to address any site-specific circumstances.