Regulacje i polityka gospodarcza · 18.10.2023

Non-Hazardous Secondary Material Standards; Response to Petition

The Environmental Protection Agency is finalizing its denial of a rulemaking petition from American Forest and Paper Association et al. requesting amendments to the Non-Hazardous Secondary Materials regulations, initially promulgated on March 21, 2011, and amended on February 7, 2013, February 8, 2016, and February 7, 2018, under the Resource Conservation and Recovery Act. These regulations establish standards and procedures for identifying whether non-hazardous secondary materials are solid wastes when legitimately used as fuels or ingredients in combustion units. The petition requested the following amendments: Change the legitimacy criterion for comparison of contaminants in the non-hazardous secondary material against those in the traditional fuel the unit is designed to burn from mandatory to "should consider"; remove associated designed to burn and other limitations for creosote-treated railroad ties; and revise the definition of "paper recycling residuals" to remove the limit on non- fiber materials in paper recycling residuals that can be burned as a non-waste fuel. The Environmental Protection Agency proposed to deny the petition on January 28, 2022. After review of the pu