Presentation topic:
Non-Hazardous Secondary Materials vs.
Solid Waste in Combustion Units
Presentation to:
Joint Conference
State Bar of Michigan &
East and West Michigan Chapters
Air & Waste Management Association
Presented by:
Brad Venman
October 28, 2014
Discussion
• Identification of NHSM (Non-Hazardous
Secondary Materials that are Solid Waste
when burned as fuel
• Information on compliance dates for existing
sources using fuels that are not NHSM :
− Area Source Boiler MACT (Subpart JJJJJ)
− Major Source Boiler MACT (Subpart JJJJJJ)
− Portland Cement MACT (Subpart LLL)
− MATS [EGU MACT] (Subpart UUUUU)
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A Brief History
A Brief History
• In 2000, EPA Issued Final Rules for CISWI
• Defined CISWI to mean “a combustion unit that combusts commercial
or industrial waste.”
• Defined CISW to mean “waste combusted at a unit that does NOT
recover thermal energy for a useful purpose.”
• In 2004, EPA Issued Final Boiler MACT
•
Major Sources
• Lawsuits Filed by Both Industry and Environmental Groups
• Industry argued the regulations were unlawful to Municipalities
• Environmental Groups argued that the definition of CISW was counter
to the definition of solid waste in Section 129 of the Clean Air Act.
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Why Is This Significant
• In 2007, DC Court Vacates CISW Definitions
− Section 129 states that “solid waste incineration units” is “a distinct
operating unit of any facility which combusts any solid waste material
from commercial or industrial establishments or the general public.”
− In other words, the definition of CISW was inconsistent with the Clean
Air Act
• Under the original CISW Definition, if a commercial or industrial waste was
burned for energy recovery … NOT subject to the Incinerations Rule
(CISWI)
• Being Classified as a CISWI vs. Boiler
− Requires Additional Emissions Testing
− Requires Additional Monitoring
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Milestones for ICI/CISWI Rules
• December 1, 2000:
EPA Issues Final CISWI NSPS
• January 30, 2001:
Sierra Club Files Petition for Judicial Review
• September 6, 2001:
EPA Remand of CISWI Rule
• January 13, 2003:
EPA Proposes ICI Boiler MACT
• February 17, 2004:
EPA Proposes CISW Definitions
• September 13, 2004:
ICI Boiler MACT Final Rule
• December 6, 2006:
ICI Boiler MACT Reconsideration Final Rule
• June 8, 2007:
Court Vacates CISWI and ICI Boiler Rules
• June 4, 2010:
CISWI and ICI Boiler Rules Proposed
• March 21, 2011:
Combustion Rules Final Rule
• May 18, 2011:
EPA Delays Effective Date
• December 23, 2011:
EPA Proposes CISWI and ICI Boiler MACT
• December 20, 2012:
EPA finalizes adjustments to CAA standards
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CISWI NSPS
• CISWI rule is intended to cover units in four subcategories
–
–
–
–
Incinerators
Energy recovery units
Waste-burning kilns
Small remote incinerators
• A solid waste incinerator NOT owned by a governmental
agency (municipal, state, federal).
• Any Facility That Burns Solid Waste
• Requires Significant Emissions Testing
• More Stringent Emissions Standards
• Annual Performance Testing (Costly $$$) OR
• Install Continuous Emissions Monitors (More Costly $$$$)
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ICI Boiler MACT Update
• May 28, 2011
• EPA Delays Effective Date for Major Sources
• December 23, 2011 (Proposed Rules)
1. Industrial – Institutional – Commercial (ICI) Boilers – Major Sources
2. Industrial – Institutional – Commercial (ICI) Boilers – Area Sources
3. Standards of Performance for New Stationary Sources (NSPS)
 Commercial/Industrial Solid Waste Incinerators (CISWI)
 Sewage Sludge Incinerators (SSI)
4. Identification of Non-Hazardous Materials That Are Solid Waste
• December 20, 2012 – EPA finalized set of adjustments to Clean Air
Act Standards originally finalized in March 2011
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What is C/I Solid Waste (CISW)
• In 2004, EPA Defines Commercial/Industrial Solid Waste &
Incinerator
• Defined CISW to mean “waste combusted at a unit that does NOT
recover thermal energy for a useful purpose.”
•
Defined CISWI to mean “a combustion unit that combusts
commercial or industrial waste.”
• In 2007 DC Court Vacates Rules
• Section 129 states that “solid waste incineration units” is “a distinct
operating unit of any facility which combusts any solid waste material
from commercial or industrial establishments or the general public.”
• In other words, the definition of CISW was inconsistent with the Clean
Air Act
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Boiler vs. Incinerator
• Under the original CISWI Definition, if a commercial or industrial
waste was burned for energy recovery … NOT subject to the
Incinerations Rule (CISWI)
• Being Classified as a CISWI vs. Boiler
• Requires Additional Emissions Testing
• Requires Additional Monitoring
• Previously, ICI Boilers could use “wastes” as fuel for energy
recovery and be exempt from CISWI!
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NHSM – Non-Hazardous Secondary
Materials as Fuel
Non-Hazardous Secondary Materials (NHSM)
• Solid Wastes Used As Fuels or Ingredients in Combustion
Units
• Issued under Subtitle D of Resource Conservation & Recovery Act
(RCRA) (40 CFR Part 241)
• Classifies Non-Hazardous Secondary Materials as Solid Waste
• Unless Legitimacy Criteria is Met
• Secondary Material: Any material that is not the primary product
of an industrial process.
• Affects “typical” Alternative Fuel in Combustion Units
• Waste Treatment Plant Sludge
• Off-Specification Used Oil
• Construction/Demolition Debris
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NHSM Rulemaking
• June 4, 2010 – Proposed Rule
• March 21, 2011 Final Rule
• December 23, 2011 proposed revisions
• February 7, 2013 Final revised rule
• March 25, 2014 Proposed rule amendments (final rule
pending)
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Key Points
• Examples of NHSM that are not a solid waste when
combusted:
– Traditional fuels (e.g. fuel oil, clean biomass, coal, clean wood . . .)
– Materials which remain in the control of the generator and meet
legitimacy criteria
• Materials used as an ingredient in a combustion unit and
that meet legitimacy criteria
• Materials and ingredients that have been discarded but are
subsequently processed into a new legitimate product fuel
– e.g. tire derived fuel with metal removed
– Materials for which non-waste petition is granted
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Impacts if NHSM are Solid Wastes
Common Secondary Materials
–
–
–
–
–
–
–
–
–
–
–
Wood
Clean cellulosic biomass
Scrap Wood/Resinated wood
Railroad ties
Used oil
Petcoke
Tires
Tire Derived fuel
Manure/animal bedding
Sludge (pulp & paper)
Sludge (biosolids)
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Growing List of Secondary Materials as fuel
• Traditional use of fossil fuels (e.g. coal, oil,
natural gas)
• Shift toward “alternative” fuels – including
renewables, using “secondary” materials
• Examples of secondary materials
–
–
–
–
Previously were discarded “wastes”
Some are “hazardous waste” under RCRA subtitle C
Some are non-hazardous under RCRA subtitle D
NHSM are a subset of non-hazardous subtitle D
materials
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Easy NHSMs – no Legitimacy Criteria or
Processing Issues
• Easy NHSMs
– “Traditional fuels”
– “Categorically determined non-waste”
• If you combust these materials, they are not a solid
waste fuel
• No need to worry about “legitimacy criteria” or
“processing”
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Categorical Non-waste NHSM
• Four non-waste determinations at § 241.4(a):
– Scrap tires that are not discarded and are managed under
the oversight of established tire collection programs
– Resinated wood
– Coal refuse that has been recovered from legacy piles and
processed in the same manner as currently generated coal
refuse
– Dewatered pulp and paper sludges that are not discarded
and are generated and burned on-site by pulp and paper
mills
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Pending Rule Revisions
• Provide some minor definition clarifications (e.g.,
applicable to combustion units not just boilers)
• Additional categorical non-wastes to be added under
§ 241.4(a)
– Construction and demolition (C&D) wood processed from C&D
debris according to best management practices
– Paper recycling residuals, including old corrugated cardboard
rejects that is burned on-site by paper mills in boilers designed to
burn solid fuel
– Creosote treated railroad ties that are processed and combusted in
units designed to burn both biomass and fuel oil
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Legitimacy Criteria – Recordkeeping Mandate
Be aware of recordkeeping provisions in the CISWI
rules – this is not listed as a requirement in the NHSM
rule
• Must keep records how NHSM determination made
(see §§ 60.2175(v), 60.2740(u))
• Failure to keep records – EPA mandates that the
facility automatically becomes a CISWI unit
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Pending Litigation – NHSM Challenges
Consolidated case Solvay USA Inc. v. U.S. EPA
• EPA has filed briefs defending their NHSM decision making
determinations
• Environmental groups briefs argue EPA should not assert that
scrap tires, used oil and other materials are not “discarded” when
they are thrown away and that EPA is dismantling the
Congressional mandate linking RCRA with the CAA (i.e., to
ensure combustion of solid waste would follow protective
emission standards)
• Industry briefs argue the EPA categorical and traditional fuel
determinations for such things as C&D wood, creosote treated
railroad ties, treated wood and paper recycling residuals are too
narrow
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Compliance Dates for Existing
Sources Under Rules Affected
by NHSM Rule
Estimated Compliance Dates for Existing Sources
Subject to:
Compliance Date:
Area Source Boiler
MACT (Subpart JJJJJJ)
Various requirements beginning on March 21, 2014
Major Source Boiler
MACT (Subpart
DDDDD)
Various requirements beginning on January 31, 2016
Portland Cement MACT
(Subpart LLL)
Sept 9, 2015
MATS [Electric
Generating Units MACT]
(Subpart UUUUU)
April 16, 2015
CISWI
180 days prior to either 3-years after State Plan
approval or on Feb. 7, 2018, whichever is earlier
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Questions?
Brad Venman
[email protected]
517-702-2956
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