Industry Sees Legal Flaws In Narrow EPA 'Non-Waste Fuel' Determinations

摘要

Industry groups are warning of legal flaws in EPA's proposed determinations on when demolition debris and other types of waste are considered "non-waste fuels" that can be burned in less regulated boilers rather than more strictly regulated incinerators, saying the findings are unlawfully narrow and should be broadened to include other waste materials. EPA in March proposed adding debris and other materials, including railroad ties and paper recycling residuals, to its categorical list of non-hazardous secondary materials (NHSM). If finalized, the wastes could then be combusted in boilers. EPA took comment on the proposal until June 13. While industry groups support the addition of creosote treated railroad ties (CTRTs), construction and demolition (C&D) wood and paper recycling residuals to the categorical list, they are also raising concerns in recent comments about the scope of EPA's proposal being too narrow.