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Regulatory Development and Retrospective Review Tracker

Additions to List of Section 241.4 Categorical Non-Waste Fuels

a.k.a. NHSM - Additions to Categorical Non-Waste Fuels (Non-Hazardous Secondary Material)

RIN: 2050-AG74 (What's this?)

Docket No.: EPA-HQ-RCRA-2013-0110 (What's this?)

Current Phase: Proposal (What's this?)

In the 2013 Non-Hazardous Secondary Materials (NHSM) final rule, the agency established a rulemaking process for categorical determinations for adding NHSMs as non-waste fuels. Persons requesting rulemakings for adding NHSMs to the list of categorical non-wastes will have to demonstrate how the NHSMs successfully meet the criteria listed in 40 CFR 241.4(b)(5).

The EPA has issued a proposed rule to list as categorical certain non-waste fuels construction and demolition wood processed according to best management practices, paper recycling residuals, and creosote-treated railroad ties.

NPRM: Sent to OMB for Regulatory Review09/05/2013
NPRM: Received by OMB09/07/2013
NPRM: Regulatory Review Concluded03/06/2014
NPRM: Published in FR04/14/2014
NPRM: Comment Period Open04/14/2014
NPRM: Comment Period Closed06/13/2014
Final Rule: Sent to OMB for Regulatory Review07/13/2015
Final Rule: Received by OMB07/15/2015
Final Rule: Published in FR01/2016 (projected)

Potential Effects

Environmental Justice
This rulemaking involves a topic that is likely to be of particular interest to or have particular impact upon minority, low-income, tribal, and/or other vulnerable populations because:

  • The topic is likely to have the following impact: Rulemaking will likely be of interest to environmental and EJ organizations.

Participate / Learn More Regulatory Review

Some of EPA's rulemakings undergo regulatory review (What's this?), as prescribed by Executive Order 12866 and coordinated by the Office of Management and Budget (OMB). The following list describes which of this rulemaking's stages have completed review and published in the Federal Register, if any, and provides links to the review documents where available. Consult the "Timeline" section of this Web page for the dates of each review.

  • NPRM - This stage of the rulemaking underwent review.
  • NPRM2 - This stage of the rulemaking did not undergo review.
  • Final Rule - This stage of the rulemaking did not undergo review.
Citations & Authorities

Federal Register Citations

Code of Federal Regulations (CFR) Citation
40 CFR 241

Legal Authority
42 U.S.C. 6903;42 U.S.C. 6912;42 U.S.C. 7429


This site provides summaries of priority rulemakings and priority retrospective reviews of existing regulations. We update most of the site at the beginning of each month, though some data is updated more frequently if it is time sensitive. The information on this site is not intended to and does not commit EPA to specific conclusions or actions. For example, after further analysis, EPA may decide the effects of a rule would be different or it may decide to terminate a rulemaking.

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