United States Government Publishing Office publisher pbl distributor dst United States National Archives and Records Administration Office of the Federal Register author aut Government Organization text government publication eng FR Regulatory Information 2016_register executive 2016-02-06 article Part III Rules and Regulations D09002ee1c7f695e3 D09002ee1c7f696ca United States Environmental Protection Agency originator org United States Government Agency or Subagency The Environmental Protection Agency (EPA or the Agency) is issuing amendments to the Non-Hazardous Secondary Materials rule, initially promulgated on March 21, 2011, and amended on February 7, 2013, under the Resource Conservation and Recovery Act. The Non- Hazardous Secondary Materials rule generally established standards and procedures for identifying whether non-hazardous secondary materials are solid wastes when used as fuels or ingredients in combustion units. In the February 2013 amendments, the EPA listed particular non- hazardous secondary materials as "categorical non-waste fuels" provided certain conditions are met. Persons burning these non- hazardous secondary materials do not need to evaluate them under the general case-by-case standards and procedures that would otherwise apply to non-hazardous secondary materials used in combustion units. This action adds three materials to the list of categorical non-waste fuels: Construction and demolition wood processed from construction and demolition debris according to best management practices; paper recycling residuals generated from the recycling of recovered paper, paperboard and corrugated containers and combusted by paper recycling mills whose boilers are designed to burn solid fuel; and creosote treated railroad ties that are processed and then combusted in the following types of units: Units designed to burn both biomass and fuel oil as part of normal operations and not solely as part of start-up or shut-down operations, and units at major source pulp and paper mills or power producers subject to 40 CFR part 63, subpart DDDDD that combust CTRT and had been designed to burn biomass and fuel oil, but are modified (e.g. oil delivery mechanisms are removed) in order to use natural gas instead of fuel oil, as part of normal operations and not solely as part of start-up or shut-down operations. 81 FR 6688 https://www.govinfo.gov/app/details/FR-2016-02-08/2016-01866 2016-01866 fr08fe16-14 6560-50-P EPA-HQ-RCRA-2013-0110 FRL-9929-56-OLEM https://www.govinfo.gov/app/details/FR-2016-02-08/2016-01866 https://www.govinfo.gov/content/pkg/FR-2016-02-08/html/2016-01866.htm https://www.govinfo.gov/content/pkg/FR-2016-02-08/pdf/2016-01866.pdf Environmental Protection Air Pollution Control Waste Treatment and Disposal 56 p. 6688 6743 81 FR 6688 Title 40 Part 241 40 CFR Part 241 Additions to List of Categorical Non-Waste Fuels; Federal Register Vol. 81, Issue RULE 2016-01866 III ENVIRONMENTAL PROTECTION AGENCY 2016-03-09 EPA-HQ-RCRA-2013-0110 FRL-9929-56-OLEM 6560-50-P 2016-01866 Final rule.

The Environmental Protection Agency (EPA or the Agency) is issuing amendments to the Non-Hazardous Secondary Materials rule, initially promulgated on March 21, 2011, and amended on February 7, 2013, under the Resource Conservation and Recovery Act. The Non- Hazardous Secondary Materials rule generally established standards and procedures for identifying whether non-hazardous secondary materials are solid wastes when used as fuels or ingredients in combustion units. In the February 2013 amendments, the EPA listed particular non- hazardous secondary materials as "categorical non-waste fuels" provided certain conditions are met. Persons burning these non- hazardous secondary materials do not need to evaluate them under the general case-by-case standards and procedures that would otherwise apply to non-hazardous secondary materials used in combustion units. This action adds three materials to the list of categorical non-waste fuels: Construction and demolition wood processed from construction and demolition debris according to best management practices; paper recycling residuals generated from the recycling of recovered paper, paperboard and corrugated containers and combusted by paper recycling mills whose boilers are designed to burn solid fuel; and creosote treated railroad ties that are processed and then combusted in the following types of units: Units designed to burn both biomass and fuel oil as part of normal operations and not solely as part of start-up or shut-down operations, and units at major source pulp and paper mills or power producers subject to 40 CFR part 63, subpart DDDDD that combust CTRT and had been designed to burn biomass and fuel oil, but are modified (e.g. oil delivery mechanisms are removed) in order to use natural gas instead of fuel oil, as part of normal operations and not solely as part of start-up or shut-down operations.

This rule is effective March 9, 2016. George Faison, Office of Resource Conservation and Recovery, Materials Recovery and Waste Management Division, MC 5304P, Environmental Protection Agency, 1200 Pennsylvania Ave. NW., Washington, DC 20460; telephone number: (703) 305-7652; email: faison.george@epa.gov. Environmental Protection Air Pollution Control Waste Treatment and Disposal Additions to List of Categorical Non-Waste Fuels , faison.george@epa.gov http://epa.gov/ttn/atw/boiler/boilerpg.html http://www.epa.gov/chemfact/s_toluen.txt http://www.epa.gov/cleanenergy/energy-and-you/affect/natural-gas.html http://www.epa.gov/epawaste/nonhaz/define/pdfs/nhsm_cont_tf.pdf http://www.epa.gov/oppt/chemtest/formaldehyde/ http://www.epa.gov/osw/hazard/testmethods/faq/faq_tclp.htm http://www.regulations.gov http://www.rta.org/assets/docs/RTASponsoredResearch/Environmental/creosote%20tie%20evaluation%20article%20_4_.pdf www.epa.gov/epawaste/nonhaz/define/index.htm Vol. 81, no. 25 Office of the Federal Register, National Archives and Records Administration 2016-02-08 continuing daily deposited born digital 342 p. Table of Contents: AE 2.7: GS 4.107: AE 2.106: KF70.A2 https://www.govinfo.gov/app/details/FR-2016-02-08 P0b002ee18e732138 0097-6326 0042-1219 0364-1406 769-004-00000-9 000582072 f:fr08fe16 https://www.govinfo.gov/app/details/FR-2016-02-08 https://www.govinfo.gov/content/pkg/FR-2016-02-08/pdf/FR-2016-02-08.pdf https://www.govinfo.gov/content/pkg/FR-2016-02-08/xml/FR-2016-02-08.xml fdlp 6411 6743 DGPO 2016-02-06 2024-06-02 FR-2016-02-08 machine generated eng FR FR-2016-02-08 81 25