View Rule

The non-hazardous secondary material (NHSM) regulations under the Resource Conservation and Recovery Act (RCRA) identify which NHSMs are, or are not, solid wastes when burned in combustion units as ingredients and fuels. Under 40 CFR 241.4(b), persons can petition the EPA to list additional NHSMs as categorical non-waste fuels.

The Agency received a petition from the Treated Wood Council in April 2013 requesting that nonhazardous treated wood biomass be categorically listed as non-waste fuels. 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 naphthenate, and copper naphthenate-borate. On February 7, 2018, EPA issued a final rule that added these other treated railroad ties to the categorical non-waste fuel list.