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]:

The amendments are effective March 9, 2016.


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