Identification of Secondary Ma

Identification of Secondary Ma

are Solid Wastes are Solid Wastes

George Faison

U.S. Environmental Protection 

EPA COMMUNITY ENGAGEMENT IN RULE

ROUNDTABLE DISCUSSION

JANUARY, 28 2010 
OVERVIEW OF PRESENTA

OVERVIEW OF PRESENTA

• EPA’s Proposal

– What’s the purpose?– Why is it important? 

• Initial Steps Agency has Taken to Decide 

Secondary Materials are a Solid Waste 

• Summary of Comments • Issues and Challenges• Timing and Next Steps• Public Participation
Purpose of Today Purpose of Today

’s M

s M

• Help interested citizens unders

proposed rule

• Solicit your feedback on the fol

– Issues discussed today– Specific types of information that 

understand/review the proposed 

– Ideas for potential outreach activ

proposal is issued
OVERVIEW OF EPA OVERVIEW OF EPA’S PROP

S PROP

• Clarifies which secondary materials 

wastes when burned in combustion 

– “Secondary” refers to materials that ar

primary product of a manufacturing or process

– Includes consumer and industrial mate

no longer used for their original purpos

– Ex: Scrap tires, used oil, wood, coal r

construction & demolition debris
Overview of EPA Overview of EPA

’s pr

s pr

• Determines whether air requirements und

Section 112 or Clean Act Section 129 apunits

• There are approximately 1.38 million boil

heaters nationwide, which include gas-fir

– Approximately 196,000 are anticipated to be r

CAA 112 (as either major or area sources) or 

• Gas-fired area source boilers are not anticipate

under CAA 112 
Why is this rule import

Why is this rule impor

• Units that burn SOLID WASTE would 

requirements under CAA section 129

• Units that burn materials that are NO

WASTE would be subject to requiremCAA section 112
BACKGROUND BACKGROUND

• There are differences in Clean Air s

and section 129 requirements

• CAA 112 gives discretion as to how area s

regulated, whereas under CAA 129, all soregulated based on maximum achievable 

(MACT)

• Under CAA 129, emission standards must 

specific pollutants

• CAA section 129 includes requirements fo

pre-construction site assessments, and mnot included in CAA section 112

• Those standards and court challeng

discussed in EPA’s Air Program pre
BiomassConstruction debrisScrap tires Scrap plasticsSpent solventsUsed tires Coal RefuseFoundry SandSewage SludgeWood manufacturing 

material

Fyi: “Secondary materials” are the byproducts 

of a manufacturing or commercial process. They also include both consumer and industrial materials that are no longer used for their original purpose. 

SECONDARY MATERIALSLike...

When Burned

As a solid waste

As a non-solid waste

Ti
INITIAL STEPS THE AGENCY HAS 

INITIAL STEPS THE AGENCY HAS 

DECIDE WHETHER MATERIALS A

DECIDE WHETHER MATERIALS A

WASTE

• EPA published Advanced Notice of Propo

Rulemaking (ANPRM) on January 2, 200

• Identifies 2 key factors for solid waste de

– Whether secondary material has been – If discarded, has it been sufficiently pr

produce a legitimate fuel 

• “Discarded” means disposed of, abandone

• Discusses concept that secondary mater

legitimately used to be considered a non-
INITIAL STEPS THE AGENCY HAS 

INITIAL STEPS THE AGENCY HAS 

DECIDE WHETHER MATERIALS A

DECIDE WHETHER MATERIALS A

WASTE

• Identifies materials that would NOT be co

solid waste:

– Traditional fuels (coal, oil, natural gas)– Wood– Discarded materials processed into legitimate 

• Ex., discarded scrap tires processed into tire c

– Materials used as legitimate fuels that have n

• Ex., scrap tires managed under state programs
AN APPROACH DISCUSSED IN 

AN APPROACH DISCUSSED IN 

FOR SOLID WASTE DETERMI

FOR SOLID WASTE DETERMI

MATERIAL DISCARDED ?

NO

NON-WASTE

SUFFIC

PROCE

INT

NEW LEG

NON-W

PRODU

YES 

WASTE 

NO

WAS
ANPRM COMMENTS AND O

ANPRM COMMENTS AND O

CORRESPONDENCE CORRESPONDENCE

• Many industry comments supported over

– Promote beneficial use

• Concerns

– Some states and industry representatives said 

tires as solid waste when burned as fuel may recycling markets and result in more waste tiron adjacent communities

– Some states emphasized that materials must 

properly prior to arrival at combustion site

– Environmental groups raised the potential neg

environmental justice communities, and stated not consistent with RCRA and CAA requireme
ISSUES TO BE CONSIDERED IN P

ISSUES TO BE CONSIDERED IN 

• Impact the rule will have on states’ ability 

their own solid waste management progr

• Whether materials that have been discar

adequately processed to convert the matwaste product

• Whether the rule could preferentially prom

combustion of secondary materials over trecycling activities

• Whether the rule will impact communities 

environmental justice concerns
Environmental Justice A

Environmental Justice A

• To identify disproportionately high and ad

health or environmental effects of the rule populations and low-income populations

• Joint effort to evaluate the combined imp

MACT, CISWI rule, and definition of solid 

– Will report combined results

• For the identification of non-hazardous se

materials rule, analysis will focus on the msolid waste materials

– Ex., possible adverse impacts associated with 

sent to commercial waste combustors or land

possible impacts of increased waste tire piles

– Will include demographic analysis for facilities 

these solid wastes may ultimately be sent
TIMING AND NEXT STEP

TIMING AND NEXT STEP

• EPA must sign the proposed rule by Apri

– This proposed rule that identifies which mater

is linked to two CAA rules that are on court-or

– Will be followed by 30 day public comment pe

• EPA must sign final rule by December 15• For more information 

http://www.epa.gov/waste/nonhaz/definiti
Public Participatio

Public Participatio

• EPA would like your feedback on the f

• Issues discussed today• Specific types of information that will help 

understand/review the proposed rule

• Ideas for potential outreach activities after 

issued

• We only have 30 days to take comme

court-ordered deadline

• How can we best engage with you?• Options