Identification of Non-Hazardous Materials That Are Solid Waste
Most Recent Action
The final rule was published in the Federal Register on March 21, 2011. Proposed revisions to the final rule were released in December 2011.
Background
Whether a given facility is regulated as a boiler or a waste combustor depends on the definition of nonhazardous solid waste. This rule identifies which non-hazardous secondary materials are, or are not, solid wastes when burned in combustion units.
In general, the final rule identifies non-hazardous secondary materials burned in combustion units as a solid wastes unless:
- The material is used as a fuel that remains within the control of the generator (whether at the site of generation or another site the generator has control over) and it meets the legitimacy criteria;
- The following materials have not been discarded in the first instance and meets the legitimacy criteria when used as a fuel (by the generator or outside the control of the generator): scrap tires removed from vehicles and managed under established tire collection programs and resinated wood residuals;
- The material used as an ingredient in a manufacturing process (whether by the generator or outside the control of the generator) that meets the legitimacy criteria;
- The material that has been sufficiently processed to produce a fuel or ingredient product that meets the legitimacy criteria; or
- The material that has been determined through a case-by-case petition process to not have been discarded and to be indistinguishable in all relevant aspects from a fuel product.
The rule discusses the classification for a variety of materials, including: scrap tires managed under established tire collection programs and scrap tires retrieved from waste piles; used oil (both on-spec and off-spec); coal refuse; pulp and paper sludge; resinated wood residuals; sewage sludge; cement kiln dust (CKD); coal combustion residuals (CCRs); and foundry sand.
The rule is being issued in conjunction with three other Clean Air Act rules concerning Emissions Standards for Area Source Industrial, Commercial, and Institutional Boilers; Major Source Industrial, Commercial, and Institutional Boilers and Process Heaters; and Commercial/Industrial Solid Waste Incinerators.
Authority
Section 129(a)(1)(D) of the CAA directs the EPA to establish standards for Commercial and Industrial Solid Waste Incinerators (CISWI), which burn solid waste (section 129(g)(6) of the Clean Air Act (CAA), 42 U.S.C. 7429).
Section 129(g)(6) of the CAA provides that the term, solid waste, is to be established by the EPA under the Resource Conservation and Recovery Act (RCRA).
Section 2002(a)(1) of RCRA authorizes the Agency to promulgate regulations as are necessary to carry out its functions under the Act.
The statutory definition of ‘‘solid waste’’ is provided in RCRA section 1004(27).
Standards
Units that burn non-hazardous secondary materials that are considered solid waste under RCRA would be subject to the section 129 Clean Air Act (CAA) requirements. Units that burn non-hazardous secondary materials that are not considered solid waste under RCRA would be subject to the section 112 CAA requirements.
This definition narrows the universe of non-hazardous secondary materials that when burned in combustion units would be subject to section 112 CAA requirements. Instead, they are regulated by CAA 129 requirements if they are solid waste.
Additional Information
Proposed Revisions Fact Sheet, December 2011
Proposed Revisions, December 2011
Final Rule, March 2011
Summary of Environmental Justice Impacts (PDF)
Interactive Map of Sites Which Could Receive Diverted Materials.
Municipal Solid Waste Combustion
Guide for Industrial Waste Management: Protecting Air