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:

It defines “traditional fuels” that are not solid waste when combusted. This definition includes historically used commercial fuels, as well as alternative fuels such as on-spec used oil.
It provides legitimacy and contaminant criteria that may be used to determine whether NHSMs that are not included in the “traditional fuels” definition are or are not solid waste when combusted.

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]

Paper recycling residues,
Processed construction and demolition wood, and
Creosote-treated railroad ties.

McCoy and Associates has provided in-depth information to assist environmental professionals with complex compliance issues since 1982. Our seminars and publications are widely trusted by environmental professionals for their consistent quality, clarity, and comprehensiveness.

Disclaimer

Considerable care has been exercised in preparing this document; however, McCoy and Associates, Inc. makes no representation, warranty, or guarantee in connection with the publication of this information. McCoy and Associates, Inc. expressly disclaims any liability or responsibility for loss or damage resulting from its use or for the violation of any federal, state, or municipal law or regulation with which this information may conflict. McCoy and Associates, Inc. does not undertake any duty to ensure the continued accuracy of this information.

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.