June 14, 2019

Three New Non-Waste Fuel Determinations

In 40 CFR Part 241, EPA provides criteria to determine when nonhazardous materials used as fuels or ingredients in combustion units are solid waste under RCRA. This solid waste vs. non-waste fuel designation is important because any unit combusting a solid waste must be regulated under the CAA as a commercial and industrial solid waste incinerator. Conversely, if a nonhazardous secondary material is not a solid waste under RCRA (i.e., it is a non-waste fuel), then any unit combusting that material will be subject to other CAA standards, such as the boiler MACT rules.

EPA recently released information on non-waste fuel determinations for three nonhazardous materials: processed carpet materials, EcoRight (engineered fuel from plastic films), and CelluRight (engineered fuel from paper pulp). Three new guidance documents (RO 14907, 14909, and 14910) explain the agency’s determinations.


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