Fact Sheet: Proposed Revisions to the Identification of Non-Hazardous Secondary Materials (NHSMs) that are Solid Wastes Final Rule

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Action Regarding Proposed Revisions

EPA reexamined the 2011 Identification of Non-Hazardous Secondary Material (NHSM) final rule and proposed amendments and clarifications on certain issues which the Agency received new information, as well as specific targeted revisions that are appropriate to allow implementation of the rule. The proposed changes to the 2011 rule include the following:

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Background Information

EPA issued the Identification of NHSM final rule in March, 2011. The rule was developed under the Resource Conservation and Recovery Act (RCRA) in conjunction with three rules under the Clean Air Act (CAA). Together these rules were designed to provide substantial reductions in the release of hazardous air pollutants into the atmosphere from boilers and incinerators.The final rule identifies which non-hazardous secondary materials are, or are not, solid wastes when burned in combustion units, such that:

  • NHSMs considered solid wastes under RCRA would be subject to the section 129 CAA requirements. 
  • NHSMs not considered solid wastes under RCRA would be subject to the section 112 CAA requirements. 

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