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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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.