EPA issued a final rule on March 21, 2011 (76 FR 15456) that identifies which nonhazardous secondary materials are, or are not, RCRA solid wastes when burned in combustion units. The RCRA Subtitle D definition determines whether a combustion unit is required to meet the Clean Air Act (CAA) Section 129 emission standards for solid waste incinerators; or the CAA Section 112 emission standards for commercial, industrial, and institutional boilers. Nonhazardous secondary materials that are considered solid wastes under RCRA are subject to the Section 129 requirements, while nonhazardous secondary materials that are not considered RCRA solid wastes are subject to the Section 112 requirements.
On February 7, 2013 (78 FR 9112-9213), EPA finalized revisions to the March 2011 rule to clarify the rule and provide guidance in applying the rule's legitimacy criteria. The revisions, which afiSect RCRA Subtitle D regulations in 40 CFR Part 241, are effective April 8, 2013. The final rule also revises CAA regulations in 40 CFR Part 60 for commercial and industrial solid waste incineration (CISWI) units.
The February 7, 2013 final rule potentially applies to CISWI units and generators of potentially affected nonhazardous secondary materials. The categories and entities that may be affected by the rule include, but are limited to, those listed in Table 1.
The following Hazardous Waste Consultant articles may be helpful when reviewing the February 7, 2013 final rule:
* "Phase IV, Part 2 LDR Rule Addresses Contaminated Soils, TC Metals, and Mineral Processing Wastes" (63 FR 28556; May 26, 1998), Volume 16, Issue 6, page 2.1;
* "Reclaimed Mineral Processing Wastes Are Not Solid Wastes and TCLP Is Not Appropriate for MGP Wastes" (67 FR 11251; March 13, 2002), Volume 20, Issue 3, page 2.1;
* "RCRA Exclusion for Zinc Fertilizers Finalized and LDR Exemption for K061-Derived Fertilizers Repealed" (67 FR 48393; July 24, 2002), Volume 20, Issue 6, page 2.1;
* "Zinc Fertilizer Rule Upheld, But EPA Must Explain Chromium Level," Volume 22, Issue 2, page 3.1;
* "Grass Residue Is Not A RCRA Solid Waste," Volume 22, Issue 5, page 3.8;
* "Rule Identifying Nonhazardous Materials That Are RCRA Solid Waste Proposed" (75 FR 31844; June 4, 2010), Volume 28, Issue 4, page 2.33;
* "Final Rule Identifies Nonhazardous Materials That Are RCRA Solid Wastes When Combusted" (76 FR 15456; March 21, 2011), Volume 29, Issue 3, page 2.1; and
* "Changes Proposed to Rule That Identifies Nonhazardous Materials That Are Solid Wastes" (76 FR 80452; December 23, 2011), Volume 30, Issue 2, page 2.7.
Under CAA Section 112, EPA is required to promulgate regulations to control emissions of 187 hazardous air pollutants from source categories listed by the agency under Section 112(c). In addition, CAA Section 129 directs EPA to develop maximum achievable control technology (MACT)-based emission standards for solid waste combustion units.
EPA promulgated the original emission guidelines for CISWI units on
December 1, 2000 (65 FR 75338) in 40 CFR Part 60. The CISWI standards apply to combustion devices that are distinct operating units at commercial or...