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EPA/SWER

RIN: 2050-AG44

Publication ID: Fall 2008

Title: ●Definition of Solid Waste for Non-Hazardous Materials
Abstract: The DC Circuit Court of Appeals vacated and remanded two EPA rules promulgated under the Clean Air Act (CAA) - the Commercial and Industrial Solid Waste Incineration (CISWI) definitions rule, issued under section 129 of the CAA, and the Boiler MACT, issued under section 112. The court concluded that EPA erred by excluding units that combust solid waste for the purpose of energy recovery from the CISWI rule and including such units in the Boilers rule. In response to the courts decision, EPA is now preparing to establish new standards under sections 112 and 129 for the various units subject to each section. Section 129 regulates solid waste incineration units, defining them as units that combust any solid waste. It further defines solid waste as having the meaning established by the Administrator pursuant to the Solid Waste Disposal Act (SWDA). Thus, if a material is not a solid waste as established by the Administrator pursuant to the SWDA, the unit in which it is burned would not be covered under section 129.
Agency: Environmental Protection Agency(EPA)	Priority: Other Significant
RIN Status: First time published in the Unified Agenda	Agenda Stage of Rulemaking: Prerule Stage
Major: No	Unfunded Mandates: Undetermined
CFR Citation: Not Yet Determined (To search for a specific CFR, visit the Code of Federal Regulations.)
Legal Authority: 42 USC 7429(a)(1)

Legal Deadline: None

Statement of Need: The Office of Solid Waste and Emergency Response (OSWER) needs to determine which non-hazardous materials are solid wastes under SWDA so that the Office of Air and Radiation (OAR) can conduct appropriate sampling and determine MACT standards.

Summary of the Legal Basis: Section 129 of the CAA directs EPA to promulgate emission standards for "solid waste incineration units" under the Act. 42 U.S.C. Section 7429(a)(1). Previous rulemaking was vacated by the Court, therefore it is critical for OSWER to determine what constitutes a solid waste for purposes of section 129 of the CAA.

Alternatives: No alternatives exist at this time.

Anticipated Costs and Benefits: Non-hazardous industrial materials, such a coal combustion products and refuse materials, spent foundry sands, and construction and demolition (C&D) materials, as well as scrap tires, wood/biomass, used oil, and solvents, all represent examples of "usable materials" that are generated by industry in the process of producing primary products. These materials, when used as "secondary materials" for fuel or as ingredients in production processes, can provide significant and wide-spread benefits. The productive reuse of "secondary materials" for these purposes is central to the very principles of conservation and sustainability.

Risks: Risks to human health and the environment, if any, will be addressed by either Section 112 or Section 129 of the CAA.

Timetable:

Action	Date	FR Cite
ANPRM	12/00/2008

Additional Information: SAN No. 5266
Regulatory Flexibility Analysis Required: No	Government Levels Affected: Undetermined
Small Entities Affected: No	Federalism: Undetermined
Included in the Regulatory Plan: Yes
RIN Data Printed in the FR: No
Agency Contact: Michael Galbraith Environmental Protection Agency Solid Waste and Emergency Response 5303P, Washington, DC 20460 Phone:703 605-0567 Fax:703 308-8686 Email: galbraith.michael@epa.gov Jim Eddinger Environmental Protection Agency Solid Waste and Emergency Response D24301, Durham, NC 20460 Phone:919 541-5426 Fax:919 541-5450 Email: Eddinger.Jim@epamail.epa.gov