April 14, 2016

EPA Reviews Several Requests for 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 numerous nonhazardous materials (e.g., tires, biosolids, paper wastes, and engineered fuels) that the agency has issued over the last five years. These determinations can be found in RO 14856 and 14858–14874.

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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.