May 13, 2014

EPA Proposes Adding New Non-Waste Fuels to the Nonhazardous Secondary Materials Rule

In a March 21, 2011, final rule, EPA clarified 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. Basically, Part 241 does two things:

Part 241 also contains a list of NHSMs that are not solid waste when used as fuel in a combustion unit. EPA received several requests to add other materials to the list. Based on these requests, on April 14, 2014, EPA proposed adding three new materials to the list of categorical non-waste fuels in Part 241. [79 FR 21006]


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