Identification of Non-Hazardous Secondary Materials That Are Solid Waste
The non-hazardous secondary material regulations under the Resource Conservation and Recovery Act identify which NHSM are, or are not, solid wastes when burned in combustion units as ingredients or fuels. These regulations help combustion facilities in determining applicable emission standards for combustion units under the Clean Air Act for the purposes of determining which Clean Air Act requirements apply:
- Units that burn NHSM that are not solid waste under RCRA are subject to the section 112 CAA requirements.
- Units that burn NHSM that are solid waste under RCRA are subject to the section 129 CAA requirements.
Non-hazardous secondary materials are any materials that are not the primary product of a manufacturing or commercial process, and can include post-consumer material, post-industrial material, and scrap. Many types of these materials have British Thermal Unit or material value, and can be reclaimed or reused in industrial processes. A wide and diverse range of NHSMs exists and some percentage of the approximately 200,000 boilers or industrial furnaces use these secondary materials as substitutes for primary fuels or as ingredients.
On this page:
- NHSM Rulemakings
- NHSM Regional Petitions Under Title 40 of the Code of Federal Regulations Section 241.3(c)
- Implementation of the NHSM Regulations
- EPA Contacts for the NHSM Waste Determination
NHSM Rulemakings
On March 21, 2011, EPA promulgated the base NHSM regulations titled “Identification of Non-Hazardous Secondary Materials that are Solid Waste” establishing 40 CFR Part 241. The March 2011, NHSM final rule provides the standards and procedures for identifying whether NHSMs are solid waste under the RCRA when used as fuels or ingredients in combustion units. Subsequent rulemaking efforts have expanded and clarified the 40 CFR Part 241 regulations.
- October 18, 2023 - Final Response: Petition to Revise the Non-Hazardous Secondary Material Standard and January 28, 2022 Proposed Response.
- February 7, 2018 - Final Rule on Additions to List of Categorical non-Waste Fuels: Other Treated Railroad Ties.
- February 8, 2016 Final Rule: Additions to List of Categorical Non-Waste Fuels and April 14, 2014 Proposed Rule.
- February 7, 2013 - Final Rule (Revisions) and December 23, 2011 Proposed Revisions.
- March 21, 2011 - Final Rule and June 4, 2010 Proposed Rule.
- January 2, 2009 - Advanced Notice of Proposed Rulemaking (outlined a framework for the subsequent proposal and final rule).
NHSM Regional Petitions Under 40 CFR Section 241.3(c)
UPM Blandin/Allete Minnesota Power
EPA proposed to approve the UPM Blandin/Allete Minnesota Power petition requesting a non-waste determination regarding the paper roll fiber cores to burn as fuel at its Rapid Energy Center in Grand Rapids, Minnesota. On May 21, 2019, EPA made a final decision granting the September 27, 2017 application submitted jointly by UPM Blandin and Allete/Minnesota Power for a non-waste determination.
Benson Power, LLC
The documents below provide information on EPA's final decision granting a July 1, 2013 application submitted by FibroMinn, LLC (currently known as Benson Power, LLC) to Region 5 for a non-waste determination under the NHSM rule provision at 40 CFR Section 241.3(c). This decision applies to poultry litter burned as fuel in the boilers at the Benson, Minnesota power plant to produce electricity.
- Final Decision Granting an Application for a Non-waste Determination Determination Regarding Benson Power, LLC Poultry Litter.
- Technical Review Document on FibroMinn's Petition for a Non-Waste Determination Pursuant to 40 CFR Section 241.3(c).
Implementation of the NHSM Regulations
Contaminant Comparisons
The tables present summary statistics for contaminant concentrations in common traditional fuels. The data listed in the tables may be useful when comparing contaminants in the NHSMs to contaminants in the appropriate traditional fuels. (Note: per the legitimacy criteria in 241.3(d)).
Part 241 Rule Clarifications and Response Letters
The response and clarification letters are examples of EPA determinations regarding 40 CFR Part 241 based on the information provided. They are included in the Agency's RCRA Online database for informational purposes only. EPA does not endorse or promote any particular product, service or entity.
NHSM Guidance
EPA has developed the following guidance for the regulated community related to the NHSM regulations:
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The Fact Sheet on Clean Cellulosic Biomass and Non-Hazardous Secondary Materials Determinations is a new technical guidance for the regulated community. EPA treats clean cellulosic biomass like a traditional fuel. It is not a secondary material or a solid waste when burned as a fuel, unless discarded. The face sheet explains what discarded means in this context, as well as the regulatory status of biomass combined with municipal solid waste, biomass processed to make biochar products, and biomass that does not meet the definition of “clean cellulosic biomass.”
- The NHSM Guide for Waste/Non-Waste Determinations (pdf) is a user-friendly reference for the NHSM regulations. The guide is designed for the regulated community and explains how to conduct a non-waste determination for fuels under the non-hazardous secondary material regulations. It is designed to help the generators and combustors of NHSM apply these self-implementing regulations to their processes. The guide goes through each step of the non-waste determination process, including applying the legitimacy criteria and processing requirements. The guide also explains the two petition processes under NHSM, the role of states and the recordkeeping requirements under the Clean Air Act.
- The Fact Sheet on Non-Hazardous Secondary Materials Determinations and Scrap Tires (pdf) details when scrap tires can be burned as a non-waste fuel, tire processing requirements, and the role of established tire collection programs. EPA designed this fact sheet for the regulated community to explain how the non-hazardous secondary materials regulations apply to scrap tires. If a scrap tire is not solid waste, meets the legitimacy criteria, and remains within the control of the generator, it can be burned as a non-waste fuel. If a scrap tire is solid waste, it must be processed in order to be burned as a non-waste fuel.
EPA Contacts for the NHSM Waste Determination
| Location | Contact Information |
|---|---|
| Headquarters/Office of Land and Emergency Management (General NHSM Questions) |
Patrick Wise |
| Region 1 (CT, ME, MA, NH, RI, VT) | Elizabeth McCarthy Mccarthy.Liz@epa.gov |
| Region 2 (NJ, NY, Puerto Rico, the Virgin Islands) |
Kevin Kijanka |
| Region 3 (DE, MD, PA, VA, WV, District of Columbia) | Jacqueline Morrison Morrison.Jacqueline@epa.gov |
| Region 4 (AL, FL, GA, KY, MS, NC, SC, TN) |
Jennifer Vogel |
| Region 5 (IL, IN, MI, MN, OH, WI) | Please contact Headquarters |
| Region 6 (AR, LA, NM, OK, TX) | Golam Mustafa Mustafa.Golam@epa.gov |
| Region 7 (IA, KS, MO, NE) | Marcus Rivas Rivas.Marcus@epa.gov |
| Region 8 (CO, MT, ND, SD, UT, WY) | Natalie Cannon Cannon.Natalie@epa.gov |
| Region 9 (AZ, CA, HI, NV) | Steve Wall Wall.Steve@epa.gov |
| Region 10 (AK, ID, OR, WA) | Kimberly Ogle Ogle.Kimberly@epa.gov |