Rule language :

40 C.F.R. 241.4(a)(5)

“(5) Construction and demolition wood processed pur suant to proven practices.”

Preamble language.

The agency is proposing to list construction and de molition wood that has been processed in accordance with industry practices that have been p roven to produce a wood product that is a

non-waste fuel.

The industry practices that are proven to produce n on-waste fuel are the sorting of C&D material to separate the following contaminants: non-wood m aterial, wood treated with pentachlorophenol, chromated copper arsenic, or oth er copper, chromium or arsenical preservatives (such as copper naphthenate and ammon iacal copper arsenate, and alkaline copper quaternary), and lead (through the separation of ei ther lead-painted wood or fines or through other means as specified in applicable state law).

This separation takes place either through positive sorting or through negative sorting, with either method producing a fuel product that meets t he legitimacy criteria. The excluded material is either recycled or disposed in accordance with a pplicable law, while the remaining desirable wood is further processed into fuel by sizing it to meet combustion specifications.

The determination by the Agency that these practice s are proven to produce non-waste fuel is supported by information in the record on the conta minant concentrations in C&D wood that has been processed in accordance with these practices. These data demonstrate that such wood has contaminant concentrations comparable to clean cell ulosic biomass, other than concentrations of formaldehyde. The possible sources of formaldehyde in processed C&D wood are clean

cellulosic biomass, which is a traditional fuel, an d resinated wood, 1 which the Agency has already determined to be a non-waste fuel. Thus, t he formaldehyde levels in C&D wood are not indicators that C&D wood is combusted for the purpo se of disposal.

The conclusion that this processed C&D wood is a no n-waste fuel is further supported by information in the record on the management of C&D wood. C&D wood can be obtained directly from a construction or demolition site or from a contractor that has collected mixed C&D material. It is also obtained from landfill op erators or transfer stations that divert, collect and segregate C&D wood at their operations (diversi on is required by law in some states, including California). While many C&D wood process ors have facilities that are dedicated to that purpose, landfill operators, transfer stations , material recovery facilities, wood yards, and combustion facilities, both municipal and commercia l, also can process C&D wood. Processing

1 Many manufactured wood products contain resins and adhesives. These wood products are components of the

wood obtained from construction and demolition site s.even can occur at the construction or demolition si te. While these various facilities may be paid a

tipping fee to receive mixed C&D material, in each of these collection and processing scenarios, the C&D wood is a valuable commodity.

After it is processed into a non-waste fuel, C&D wo od is a fuel product that is sold in commerce under contracts or purchasing agreements. After sa le, it is transported to the purchaser, typically an energy recovery facility, in covered chip vans o r semi-trailers. At the energy recovery facility, the C&D wood is stored in the plant’s woo d fuel storage yard or building. These storage and management practices are the same as those used for wood and biomass that are traditional fuels. Energy recovery facilities also must comply with all applicable federal, state and local permits and other requirements, including applicabl e air pollution control requirements.

Thus, the record clearly shows that C&D wood that h as been processed as described in the supporting record and in this preamble is a legitim ate fuel.