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The non-hazardous secondary material (NHSM) regulations under the Resource Conservation and Recovery Act (RCRA) identify which NHSM are, or are not, solid wastes when burned in combustion units as ingredients or fuels. Under 40 CFR 241, the regulated community can petition the EPA to list additional NHSMs as categorical non-waste fuels. Categorical listings will generally allow facilities combusting NHSMs to determine that their materials are not wastes without having to perform case-by-case analyses or sampling. This action is in response to an April 2013 petition from the Treated Wood Council. In August 2015, the Treated Wood Council requested that the Agency move forward on a categorical non-waste listing for a subset of materials that were identified in the April 2013 petition specifically other treated railroad ties that are treated with the preservatives creosote-borate, copper naphtenate, and copper naphtenate-borate.