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Show details for Air Emissions (RCRA)Air Emissions (RCRA)
Show details for BatteriesBatteries
Show details for Best Demonstrated Available Technology (BDAT)Best Demonstrated Available Technology (BDAT)
Show details for Bevill AmendmentBevill Amendment
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Hide details for Waste Determinations for Combusted Non-Hazardous Secondary MaterialsWaste Determinations for Combusted Non-Hazardous Secondary Materials
10/09/2014ACTIVATED COKE FINES; RESPONSE TO WISCONSIN PUBLIC SERVICE CORPORATION (WPSC)Memo
 Description: EPA believes that activated coke fines that exit a pollution control system when they can no longer be used for pollution control and enter into storage prior to being conveyed as a fuel to a boiler are a non-waste fuel when burned in combustion units. To be designated as a non-waste fuel under 40 CFR 241.3(b)(1), the Non-Hazardous Secondary Materials (NHSM) Rule requires that the NHSM remain within control of the generator as defined by 241.2. Also, the NHSM must meet the legitimacy criteria for fuels in 241.3(d)(1). Based on the information provided, EPA believes the activated coke fines remain within control of the generator and meet the legitimacy criteria in accordance with 241.3(b)(1) and thus are a non-waste fuel when burned in combustion units.
 
12/09/2013STATUS OF ENGINEERED SOLID REFUSE FUEL (SRF) UNDER THE NON-HAZARDOUS SECONDARY MATERIALS (NHSM) RULEMemo
 Description: EPA believes that engineered Solid Refuse Fuel (SRF) would be considered a non-waste fuel under the 40 CFR Part 241 Non-Hazardous Secondary Materials (NHSM) regulations when combusted in cement kilns, provided certain specifications are met. The SRF production process, which consists of Mechanical Biological Treatment, mechanical refinement, a Near Infra Red system, and shredding, meets the definition of processing in 241.2. SRF meets the legitimacy criteria for fuels in 241.3(d)(1), including management of the material as a valuable commodity, the material must have a meaningful heating value and be used as a fuel to recover energy, and comparability of contaminant levels to traditional fuels for the material.
 
02/15/2012WHAT CONSTITUTES A CONTAINED GASEOUS MATERIAL WASTEWATER TREATMENT SLUDGES THAT ARE PROCESSED IN ANAEROBIC DIGESTERS TO PRODUCE BIOGASMemo
 Description: EPA considers the anaerobic digestion of wastewater treatment sludge to produce biogas as meeting the definition of of processing pursuant to 40 CFR 241.2. The biogas is primarily composed of methane and CO2 and has been used to heat the digesters and, at many treatment facilities, to generate power. The biogas can be collected and burned as a fuel to produce electricity using onsite power generation equipment. Additionally, heat can be recovered from the power generation units. EPA has not changed the position of what constitutes a "contained gaseous material" for defining solid waste as it relates to biogas generated by the anaerobic digestion of wastewater treatment sludge and used for energy recovery. Therefore, biogas from anaerobic digestion is considered a commodity fuel processed from waste materials and not a traditional fuel.
 
11/14/2011FUEL PELLETS AND THE DEFINITION OF SOLID WASTE WHEN BURNED IN A COMBUSTION UNIT IN ACCORDANCE WITH 40 CFR 241.3(B)(4)Memo
 Description: To be designated as a non-waste fuel under that section, the rule requires that processing of the non-hazardous secondary material (NHSM) meets the definition of processing in 40 CFR 241.2. Also, after processing, the NHSM must meet the legitimacy criteria in 241.3(d)(1) to be designated a non-waste fuel. Processing is defined in 241.2 as operations that transform discarded NHSMs into a non-waste fuel or non-waste ingredient, including operations necessary to: remove or destroy contaminants; significantly improve the fuel characteristics, e.g. sizing or drying of the material in combination with other operations; chemically improve the as-fired energy content; or improve the ingredient characteristics. Minimal operations that result only in modifying the size of the material by shredding do not constitute processing for purposes of the definition. The legitimacy criteria for fuels includes: 1) management of the material as a valuable commodity based on the following factors- storage prior to use must not exceed reasonable time frames and management of the material must be in a manner consistent with an analogous fuel, or where there is no analogous fuel, adequately contained to prevent releases to me environment; 2) the material must have meaningful heating value and be used as a fuel in a combustion unit that recovers energy; and 3) the material must contain contaminants at levels comparable to or less than those in traditional fuels which the combustion unit is designed to bum. The term contaminants is defined in 241.2 as constituents in the NHSM that will result in emissions of air pollutants under Clean Air Act Section 112(b) or the nine pollutants listed under Clean Air Act Section 129, including those constituents that could generate products of incomplete combustion.
 
08/15/2011COAL REFUSE FROM LEGACY PILES AND THE LEGITIMACY CRITERION FOR CONTAMINANTS WHEN COMPARED TO VIRGIN COALMemo
 Description: Currently generated coal refuse is an alternative traditional fuel. Coal refuse from legacy piles has been discarded and is a solid waste unless sufficiently processed into a new legitimate fuel product. Coal refuse reclaimed from legacy piles is processed no differently than the manner in which raw material coal (or currently generated coal refuse) is processed into fuels today and therefore meets the definition of “processing”. The comparison of contaminant levels may be made to any traditional fuel(s) that can be or is burned in a particular unit (SEE ALSO 76 FR 15552). Because currently generated coal refuse is a traditional fuel, the final rule allows currently generated coal refuse to be used as the traditional fuel benchmark when comparing contaminant levels with coal refuse found in legacy piles. Since legacy coal refuse is processed in the same manner as currently-generated coal refuse in order to meet the same fuel specifications, legacy coal refuse would contain any potential contaminants “at levels that are comparable to or lower than coal refuse that is currently generated” (SEE ALSO 76 FR 15510). Thus, coal refuse from legacy piles that is processed and managed in the same manner as currently generated coal refuse satisfies the contaminant legitimacy criterion.
 
08/05/2011INTERPRETATION OF “CONTAINED GASEOUS MATERIAL” AND REGULATION OF LANDFILL GASMemo
 Description: The Response to Comments Document for the Identification of Non-Hazardous Materials that are Solid Waste (February 2011) does not change any previous EPA positions on what constitutes a “contained gaseous material” for purposes of defining the term “solid waste”. The Agency is not changing any of its previous statements and interpretations concerning landfill gas. In the Response to Comments Documents for the Identification of Non-Hazardous Materials that are Solid Waste (February 2011), the Agency disagrees that landfill gas or sewage digester gas are traditional fuels. They may be considered commodity fuels that have been processed from waste materials, but they would have to meet all the requirements necessary to be considered a processed commodity fuel. Landfill gas is processed (filtered, dewatered, and compressed) before it can be used. For certain uses, landfill gas must be even further processed before it is used as a fuel.
 
07/21/2011REGULATORY STATUS OF MATERIALS BEING USED IN SPECIFIC RECIRCULATION/REINJECTION PROCESSES AND CARBON BURN-OUT (CBO) UNITSMemo
 Description: The NHSM rule identifies which NHSM are, or are not, solid wastes when used as a fuel or an ingredient in combustion units. The NHSM also identifies certain materials as traditional fuels. The threshold question in evaluating the ash recirculation reinjection process is whether the ash material is the continual processing (for energy recovery) of coal or whether the ash material being re-circulated/re-injected is a secondary material. Secondary material is defined as “material that is not the primary product of a manufacturing or commercial process, and can include post-consumer material, off-specification commercial chemical products or manufacturing chemical intermediates, post-industrial material, and scrap.” Recirculating or reinjecting coal containing ash material is an extension of the electricity producing operations, similar to stoker units and would not be considered a secondary material until the material exits the process or is otherwise discarded. As these specific processes do not involve combustion of a solid waste, they would be subject to the section 112 Clean Air Act (CAA) standards. The Agency cannot make a categorical determination whether carbon is being destroyed or being used for its fuel value, but high carbon fly ash may have more than marginal energy value and can be a source of additional power. It is appropriate for these units to consider the legitimacy criteria in making discard determinations. The threshold question is whether the high-carbon ash material used in the CBO unit is the continual processing (for energy recovery) of coal or whether the ash material fed into the CBO unit is a secondary material.
 
06/30/2011WASTE DETERMINIATION FOR OIL FILTER FLUFF THAT IS BURNED IN COMBUSTION UNITSMemo
 Description: Processing is defined as operations that transform discarded NHSM into a non-waste fuel or non-waste ingredient, including operations necessary to: remove or destroy contaminants; significantly improve the fuel characteristics; chemically improve the as-fired energy content; or improve the ingredient characteristics. Minimal operations that result in modifying the size of the material by shredding do not constitute processing for purposes of the definition. Legitimacy criteria for fuels includes: 1) management of the material as valuable commodity based on the following factors -- storage prior to use must not exceed reasonable time frames and management of the material must be in a manner consistent with an analogous fuel, or where there is no analogous fuel, adequately contained to prevent releases to the environment; 2) the material must have meaningful heating value and be used as fuel in a combustion unit that recovers energy; and 3) the material must contain contaminants at levels comparable to or less than those in traditional fuels which the combustion unit is designed to burn. Facilities receiving the material must also manage it as a valuable commodity for the material to remain a non-waste fuel. 5000 BTU/pound was established as a general guideline for meaningful heating value.
 
Show details for Waste MinimizationWaste Minimization
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Show details for Wood Preserving WastesWood Preserving Wastes
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