Non-Hazardous Secondary Material Regulation Updates: Overview of Rule and EPA Findings

摘要

Performing determinations under the NHSM Rule is a critical activity in order to determine the appropriate compliance requirements for facilities which operate combustion units that fire non-traditional fuels in combustion units. For a particular NHSM to be classified as a non-waste fuel or non-waste ingredient, a facility must first determine whether the NHSM falls into a non-waste fuel category under §241.4(a). If the NHSM of interest not included in a category under §241.4(a), the facility must evaluate whether the NHSM is included in one of the categories under §241.3(b). If it is included in a category under §241.3(b), the particular NHSM must also satisfy the legitimacy criteria under §241.3(d) for the particular NHSM to be classified as a non-waste fuel or ingredient. The legitimacy criteria analysis includes evaluating whether the NHSM (1) is managed as a valuable commodity, (2) has a meaningful heating value, and (3) contains contaminants at a level comparable in concentration to that of a traditional fuel. Finally, EPA proposed certain amendments to the NHSM Rule which were released on March 24, 2014 in the form of a pre-publication notice signed by the EPA Administrator. These amendments primarily comprise additions to the categorical non-waste fuel list under §241.4(a).