Rule language: 

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

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

Preamble language. 

The agency is proposing to list construction and demolition wood that has been processed in 

accordance with industry practices that have been proven to produce a wood product that is a 

non-waste fuel. 

The industry practices that are proven to produce non-waste fuel are the sorting of C&D material 

to separate the following contaminants: non-wood material, wood treated with 

pentachlorophenol, chromated copper arsenic, or other copper, chromium or arsenical 

preservatives (such as copper naphthenate and ammoniacal copper arsenate, and alkaline copper 

quaternary), and lead (through the separation of either 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 the legitimacy criteria. The excluded material 

is either recycled or disposed in accordance with applicable 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 practices are proven to produce non-waste fuel is 

supported by information in the record on the contaminant 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 cellulosic 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, and resinated wood,1 which the Agency has 

already determined to be a non-waste fuel. Thus, the formaldehyde levels in C&D wood are not 

indicators that C&D wood is combusted for the purpose of disposal. 

The conclusion that this processed C&D wood is a non-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 operators or transfer stations that divert, collect 

and segregate C&D wood at their operations (diversion is required by law in some states, 

including California). While many C&D wood processors have facilities that are dedicated to 

that purpose, landfill operators, transfer stations, material recovery facilities, wood yards, and 

combustion facilities, both municipal and commercial, 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 sites. 
even can occur at the construction or demolition site. 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 wood is a fuel product that is sold in commerce 

under contracts or purchasing agreements. After sale, it is transported to the purchaser, typically 

an energy recovery facility, in covered chip vans or semi-trailers. At the energy recovery 

facility, the C&D wood is stored in the plant’s wood 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 applicable air pollution control requirements. 

Thus, the record clearly shows that C&D wood that has been processed as described in the 

supporting record and in this preamble is a legitimate fuel.