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The Non-Hazardous Secondary Materials (NHSM) regulatory program provides the standards and procedures for identifying whether NHSMs are solid waste under the Resource Conservation and Recovery Act when used as fuels or ingredients in combustion units. Criteria the Agency believes are appropriate for persons requesting rulemakings for adding NHSMs to the list of categorical non-wastes are found in 40 CFR 241.4(b)(5). The Agency has added the following as categorical non-waste fuels: (1) Construction and demolition wood processed according to best management practices, (2) 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 (3) creosote-treated railroad ties that are processed and then combusted in the following types of units: (i) 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 (ii) units at major source pulp and paper mills or power producers subject to 40 CFR 63 subpart DDDDD that 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.