Identification of Non-Hazardous Materials That Are Solid Waste
Most Recent Action
The final rule released after reconsideration was finalized on February 7, 2012.
Background
Whether a given facility is regulated as a boiler or a waste combustor depends on the definition of nonhazardous solid waste. This rule identifies which non-hazardous secondary materials are, or are not, solid wastes when burned in combustion units.
The rule is being issued in conjunction with three other Clean Air Act rules concerning Emissions Standards for Area Source Industrial, Commercial, and Institutional Boilers; Major Source Industrial, Commercial, and Institutional Boilers and Process Heaters; and Commercial/Industrial Solid Waste Incinerators.
Authority
Section 129(a)(1)(D) of the CAA directs the EPA to establish standards for Commercial and Industrial Solid Waste Incinerators (CISWI), which burn solid waste (section 129(g)(6) of the Clean Air Act (CAA), 42 U.S.C. 7429).
Section 129(g)(6) of the CAA provides that the term, solid waste, is to be established by the EPA under the Resource Conservation and Recovery Act (RCRA).
Section 2002(a)(1) of RCRA authorizes the Agency to promulgate regulations as are necessary to carry out its functions under the Act.
The statutory definition of ‘‘solid waste’’ is provided in RCRA section 1004(27).
Standards
The final rule released after reconsideration was finalized on February 7, 2012.
Revised Final Rule, December 2012
Additional Information
Revised Final Rule Face Sheet, December 2012
Proposed Revisions Fact Sheet, December 2011
Proposed Revisions, December 2011
Final Rule, March 2011
Summary of Environmental Justice Impacts (PDF)
Interactive Map of Sites Which Could Receive Diverted Materials.