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:
- Clarifying that certain materials are already included within the scope of biomass and considered a traditional fuel under the NHSM rule
- EPA revised several definitions that were included in the final rule. Regarding “clean cellulosic biomass,” EPA identified specific materials that the Agency believes are included within the current definition and would be considered a traditional non-waste fuel, including the following:
- agricultural derived biomass
- other crop residues (including vines, orchard trees, hulls, seeds)
- other biomass crops used for the production of cellulosic biofuels
- hogged fuel
- untreated wood pallets
- wood pellets
- wood debris from urban areas
- EPA revised several definitions that were included in the final rule. Regarding “clean cellulosic biomass,” EPA identified specific materials that the Agency believes are included within the current definition and would be considered a traditional non-waste fuel, including the following:
- Adding a process for an owner or operator of a facility to petition EPA to categorically list NHSMs as non-waste when used as a fuel, including allowing other relevant factors beyond those used in the original rule
- EPA finalized a rulemaking petition process that allows individuals to submit a rulemaking petition to the Agency administrator. This petition can used by those seeking a categorical determination for additional NHSMs to be listed in §241.4(a) as non-waste fuels if they can demonstrate that the NHSM meets the legitimacy criteria. After balancing the legitimacy criteria with other relevant factors, EPA can determine that the NHSM is not a solid waste when used as a fuel.
- Identifying two secondary materials, including resinated wood products and tires managed under the oversight of established tire collection programs, as non-wastes when used as a fuel
- EPA proposed to categorically list several NHSMs as non-waste when burned as a fuel in a combustion. To do this, the Agency must have sufficient information to determine that discard is not occurring when these materials are being used as fuels. EPA recognized that certain NHSMs may not meet the legitimacy criteria in all instances, but after balancing the legitimacy criteria with other relevant factors, the material would still generally be considered a non-waste fuel. In addition, the Agency solicited comment on whether pulp and paper wastewater treatment sludges and coal refuse from legacy piles should also be categorically identified as non-wastes.
- Revising the legitimacy criteria to expressly allow the comparison of groups of contaminants and clarifying that contaminant comparisons may be made for any traditional fuel for which a combustion unit is designed to burn
- EPA clarified that similar groups of pollutants, such as volatile organics, semi-volatile organics can be compared rather than individual contaminants. The proposal also clarified that in cases where a unit can burn traditional fuels from several categories (e.g., a boiler that can burn either coal or biomass) contaminant comparisons could be made using data from either fuel category at the combustor’s discretion. In other words, if a facility burns biomass in its combustion unit, but that same combustion unit could also burn coal, the facility could compare its secondary material to either traditional fuel.
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.