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Click on the blue carat to the left of a Topic, the list will expand to show the documents related to the selected Topic.

Air Emissions (RCRA)
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	08/15/2011	COAL REFUSE FROM LEGACY PILES AND THE LEGITIMACY CRITERION FOR CONTAMINANTS WHEN COMPARED TO VIRGIN COAL	Memo
	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.
	08/05/2011	INTERPRETATION OF “CONTAINED GASEOUS MATERIAL” AND REGULATION OF LANDFILL GAS	Memo
	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.
	07/21/2011	REGULATORY STATUS OF MATERIALS BEING USED IN SPECIFIC RECIRCULATION/REINJECTION PROCESSES AND CARBON BURN-OUT (CBO) UNITS	Memo
	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.
	06/30/2011	WASTE DETERMINIATION FOR OIL FILTER FLUFF THAT IS BURNED IN COMBUSTION UNITS	Memo
	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.
Waste Minimization
Waste Piles
Waste Reduction
Wood Preserving Wastes
(Not Categorized)

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