1. Non-Hazardous Secondary Materials Definition: How it Relates to Boiler MACT and CISWI Rules
Biloxi, MS ♦ September 13, 2012
Melissa Hillman
Justin Fickas

2. Overview
Brief History on Boiler NESHAPs/CISWI Rules/Definition of Solid Wastes and Non-Hazardous Secondary Materials (NHSM)
Applicability of Boiler NESHAP/CISWI Rules
Overview of the Definition of Non-Hazardous Solid Waste (40 CFR Part 241)
Case Study to Determine NHSM Assessment
Conclusions

3. Brief History on Boiler NESHAPs/CISWI Rules/Definition of NHSM

4. CISWI Brief History
11/15/1990 – Section 129 was added to the CAA to address emissions from solid waste incineration
12/1/2000 – EPA adopted final CISWI Rules
2001 – EPA granted petition for reconsideration of “commercial and industrial waste” and “CISWI unit” definitions
2001 – D.C. Circuit granted EPA’s voluntary remand of the CISWI Rules
Reason for voluntary remand: CISWI Rules include a subpart specific definition of solid waste
CAA Section 129 requires solid waste be defined under RCRA
2005 – EPA proposed/finalized the CISWI definitions rule
2007 – D.C. Circuit vacated and remanded 2005 definitions rule
Section 129 defines a solid waste incineration unit as an operating unit of any facility which combusts any solid waste ments, and goes on to establish that solid waste shall have the meaning pursuant to the Resource Conservation and Recovery Act aka RCRA. Note that the 2000 CISWI rules included a subpart specific definition of solid waste that differs from the RCRA definition.
Although the 2000 CISWI Rules were remanded, they were not vacated. As such, emission sources that were subject to the original rules were required to continue to remain in compliance even though the rules were remanded.

5. Boiler MACT History First round:
January 13, 2003 proposed Boiler MACT
September 13, 2004 final Boiler MACT
June 19, 2007 – Boiler MACT vacatur/remand
“EPA incorrectly included boilers that combust solid waste in the development of the standards in the MACT determination, which skewed the numerical limits proposed”
Compliance dates more than 10 years after initial rule proposal
Many were in the middle of installing controls, etc. preparing for the first round of this rule when it was thrown out

6. Recent Rule Developments
6/4/2010 – the new Boiler NESHAPs, CISWI Rules, and NHSM Definition proposed in FR
3/21/2011 – Final rules published in FR
5/16/2011 – EPA announced a stay postponing the effective date of the Boiler MACT and CISWI Rules pending reconsideration of certain issues
12/23/2011 – Proposed revisions to all 4 rules in FR
1/9/2012 – D.C. Circuit vacates EPA’s May stay
2005 definitions rule revised definitions of “solid waste,” "commercial and industrial waste," and "commercial and industrial waste incineration unit.“
In the 2005 rule, EPA defined the term “commercial or industrial solid waste incineration unit” to mean a combustion unit that combusts “commercial or industrial waste.” The rule defined “commercial or industrial waste” to mean waste combusted at a unit that does not recover thermal energy from the combustion for a useful purpose. Therefore, boilers combusting waste with the intent to recover thermal energy did not meet the definition of a CISWI unit.
In vacating the 2005 rule, the Court found that the definitions in the CISWI Definitions Rule were inconsistent with the CAA.
In the 2010 proposed CISWI rules, the definition of a CISWI unit is specifically tied to the solid waste definition included in the RCRA.

7. Applicability Boiler MACT and CISWI Rules

8. Applicability – Boiler MACT
A Boiler is defined as:
an enclosed device using controlled flame combustion and having the primary purpose of recovering thermal energy in the form of steam or hot water. Controlled flame combustion refers to a steady-state, or near steady-state, process wherein fuel and/or oxidizer feed rates are controlled. A device combusting solid waste, as defined in § 241.3, is not a boiler unless the device is exempt from the definition of a solid waste incineration unit as provided in section 129(g)(1) of the Clean Air Act. Waste heat boilers that use only natural gas, refinery gas, or other gas 1 fuels for supplemental fuel are excluded from this definition.

9. Applicability – CISWI Unit
A CISWI unit is defined as:
any distinct operating unit of any commercial or industrial facility that combusts, or has combusted in the preceding 6 months, any solid waste as that term is defined in 40 CFR Part If the operating unit burns materials other than traditional fuels as defined in §241.2 that have been discarded, and you do not keep and produce records as required by § (v), the material is a solid waste and the operating unit is a CISWI unit. …

10. Applicability Effective Date of the Waste-to-Fuel Switch
An emission unit is still considered a CISWI unit unless the following occurs:
Solid waste is not combusted in the unit for a period of at least 6 months
Notification is provided to EPA 30 days prior to the waste-to-fuel switch which is 6 months (at least) from the last date solid waste was combusted.
Notification must include:
Owner and location of the CISWI unit
Analysis of regulations that will apply after waste-to-fuel switch
List of fuel combusted over the past 6 months and expected in the future
Date new regulations become applicable

11. Identification of Non-Hazardous Secondary Materials that are Solid Waste 40 CFR Part 241

12. NHSM Definition Background
NHSM Definition provides a procedure for industry to determine if a “non-traditional” fuel is a solid waste when combusted
NHSM Definition is needed to determine applicability of the CISWI Rules and the Boiler NESHAPs
Per Clean Air Act Section 129, “No solid waste incineration unit subject to performance standards under this section [Section 129] and section 111 shall be subject to standards under section 112(d) of this Act [NESHAPs]”
2005 definitions rule revised definitions of “solid waste,” "commercial and industrial waste," and "commercial and industrial waste incineration unit.“
In the 2005 rule, EPA defined the term “commercial or industrial solid waste incineration unit” to mean a combustion unit that combusts “commercial or industrial waste.” The rule defined “commercial or industrial waste” to mean waste combusted at a unit that does not recover thermal energy from the combustion for a useful purpose. Therefore, boilers combusting waste with the intent to recover thermal energy did not meet the definition of a CISWI unit.
In vacating the 2005 rule, the Court found that the definitions in the CISWI Definitions Rule were inconsistent with the CAA.
In the 2010 proposed CISWI rules, the definition of a CISWI unit is specifically tied to the solid waste definition included in the RCRA.

13. 40 CFR Part 241, Subpart B Identification of NHSM that are SW when Used as Fuel or Ingredients in Combustion Units
Non-Hazardous Secondary Materials (NHSM) that are combusted are solid wastes (SW) unless specific criteria are met
Secondary Material is defined as:
Any material that is not the primary product of a manufacturing or commercial process, and can include post-consumer material, off-specification commercial chemical products, or manufacturing chemical intermediates, post-industrial material, and scrap
Historically, gas in a pipeline had not been treated as a “contained gaseous material.” In fact, the CISWI rule used to include the following definition: “Contained gaseous material means gases that are in a container when that container is combusted.” As part of the final CISWI rule, this definition has been removed. This removal was not included in the proposed rule, nor is it discussed in the preamble to the CISWI rule.
From EPA – “It has come to our attention that, in these rules, EPA has shifted its position on whether or not gases in pipelines can be considered solid wastes. The RCRA statutory definition of solid waste includes “contained gaseous material.” In the past, EPA has not considered gases in pipelines to be “contained gaseous material.” However, in the response to comments for the NHSM Rule, EPA makes clear that its position on this issue has changed. EPA states:
In the first place, we are unable to find any Agency reasoning supporting previous EPA interpretations that only gases in containers may be considered “contained.” Based on the facts of this case, EPA cannot see how gaseous secondary material that is generated in any particular system and is somehow sent to a gas-fired boiler, even through a pipeline, can be considered an “uncontained gas.”

14. Solid Waste Definition
A solid waste is defined in 40 CFR as:
“any garbage, or refuse, sludge from a wastewater treatment plant, water supply treatment plant, or air pollution control facility and other discarded material, including solid, liquid, semi-solid, or contained gaseous material…”
Historically, gas in a pipeline had not been treated as a “contained gaseous material.” In fact, the CISWI rule used to include the following definition: “Contained gaseous material means gases that are in a container when that container is combusted.” As part of the final CISWI rule, this definition has been removed. This removal was not included in the proposed rule, nor is it discussed in the preamble to the CISWI rule.
From EPA – “It has come to our attention that, in these rules, EPA has shifted its position on whether or not gases in pipelines can be considered solid wastes. The RCRA statutory definition of solid waste includes “contained gaseous material.” In the past, EPA has not considered gases in pipelines to be “contained gaseous material.” However, in the response to comments for the NHSM Rule, EPA makes clear that its position on this issue has changed. EPA states:
In the first place, we are unable to find any Agency reasoning supporting previous EPA interpretations that only gases in containers may be considered “contained.” Based on the facts of this case, EPA cannot see how gaseous secondary material that is generated in any particular system and is somehow sent to a gas-fired boiler, even through a pipeline, can be considered an “uncontained gas.”

15. Traditional Fuel
Materials that are produced as fuels and are unused products that have not been discarded and therefore, are not solid wastes, including:
Coal (including pet coke, bituminous coke, coal tar oil)
Oil
Natural Gas
Pet Coke
Coal Tar Oil
Refinery Gas
Synthetic Fuel
Asphalts
Blast Furnace Gas
Recovered Gaseous Butane
Coke Oven Gas
Cellulosic Biomass (virgin wood)
Alternative fuels developed from virgin materials that can now be used as fuel products such as:
Used oil which meets the specifications outlined in 40 CFR
Currently mined coal refuse that previously had not been usable as coal
Clean cellulosic biomass
In a parallel filing, EPA has proposed a definition for non hazardous secondary materials that are solid wastes. This proposed definition specifically excludes 4 types of materials.
Case-by-case determination:
Submittal of an application to EPA requesting a determination that the non-haz secondary material used as a fuel is not discarded and is therefore not a solid waste when combusted.
EPA Regions will evaluate the application, issue a draft notice tentatively granting or denying the application, and will provide the tentative decision in a newspaper advertisement/radio broadcast in the respective locality of the facility, and on EPA’s website.
EPA will accept comment for at least 30 days and may request a public hearing upon request.

16. Solid Waste?
Non-hazardous secondary materials are not solid wastes when combusted (if they meet the legitimacy criteria):
Fuels that remain within the control of the generator
Scrap tires from established tire collection program
Resinated wood used in a combustion unit
Facility ingredients in a combustion unit
Have undergone processing to transform into a new fuel/ingredient
Discarded materials can attempt to obtain a designation on a case-by-case basis by EPA
Except for the EPA determinations, meant to be “self implementing,” but in reality most agencies require legitimacy demonstration
“established tire collection program” means a comprehensive collection system that ensures scrap tires are not discarded and are handled as valuable commodities in accordance with section 241.3(b)(2)(i) from the point of removal from the vehicle through arrival at the combustion facility.

17. Legitimacy Criteria Overview
Legitimacy Criteria – Fuels
Valuable commodity
Meaningful heating value
Contain contaminants at levels comparable to traditional fuels
Legitimacy Criteria – Ingredient
Useful contribution to the production/manufacturing process
Produce a valuable product or intermediate
Contain contaminants at levels similar to traditional products
There are two different types of legitimacy criteria that need to be meet dependent if you are using the secondary material that qualifies as a fuel or an ingredient in the combustion unit.
Valuable commodity:
storage of the material prior to use must not exceed reasonable time frames,
fuel/ingredient must be managed in a manner consistent with the analogous fuel/ingredient,
if there is not an analogous fuel or ingredient, the fuel/ingredient must be adequately contained to prevent releases to the environment
Valuable product or intermediate:
material is sold to a third party
material is used as an effective substitute for a commercial intermediate in an industrial process.

18. Legitimacy Criteria – Valuable Commodity
What is a Valuable Commodity?
NHSM must be stored and used within “reasonable time frames”
NHSM must be managed in a manner that prevents releases to the environment
Example:
A facility combusts wood scraps in a boiler.
Prior to combustion, the wood scraps are co-mingled with the virgin wood that is also combusted in the boiler
The wood scraps could be considered a valuable commodity because the facility uses the secondary material similar to the traditional fuel (e.g., virgin wood)
There are two different types of legitimacy criteria that need to be meet dependent if you are using the secondary material that qualifies as a fuel or an ingredient in the combustion unit.
Valuable commodity:
storage of the material prior to use must not exceed reasonable time frames,
fuel/ingredient must be managed in a manner consistent with the analogous fuel/ingredient,
if there is not an analogous fuel or ingredient, the fuel/ingredient must be adequately contained to prevent releases to the environment
Valuable product or intermediate:
material is sold to a third party
material is used as an effective substitute for a commercial intermediate in an industrial process.

19. Legitimacy Criteria – Meaningful Heating Value
What is Meaningful Heating Value?
5,000 Btus/lb or higher, in general
Facilities that burn NHSM with a heating value of <5,000 Btus/lb would need to prove that the ERU can cost effectively recover meaningful energy from the secondary material
Example:
A facility combusts animal fats in a boiler
The heating value is 4,848 Btu/lb
Facility puts together an analysis proving that the boiler cost effectively recovers meaningful energy
This information could be used to demonstrate that the animal fats have a meaningful heating value
There are two different types of legitimacy criteria that need to be meet dependent if you are using the secondary material that qualifies as a fuel or an ingredient in the combustion unit.
Valuable commodity:
storage of the material prior to use must not exceed reasonable time frames,
fuel/ingredient must be managed in a manner consistent with the analogous fuel/ingredient,
if there is not an analogous fuel or ingredient, the fuel/ingredient must be adequately contained to prevent releases to the environment
Valuable product or intermediate:
material is sold to a third party
material is used as an effective substitute for a commercial intermediate in an industrial process.

20. Legitimacy Criteria - Contaminants
Current rule - A contaminant means any constituent in the NHSM that will result in air emissions of HAPs or CAA Section 129 pollutants
Proposed rule – Would delineate certain contaminants that are considered to commonly form CAA pollutants (e.g., arsenic, nitrogen, chlorine)
Also delineates certain compounds that are not considered contaminants because they are unlikely to be present (e.g., HCl, SO2)
There are two different types of legitimacy criteria that need to be meet dependent if you are using the secondary material that qualifies as a fuel or an ingredient in the combustion unit.
Valuable commodity:
storage of the material prior to use must not exceed reasonable time frames,
fuel/ingredient must be managed in a manner consistent with the analogous fuel/ingredient,
if there is not an analogous fuel or ingredient, the fuel/ingredient must be adequately contained to prevent releases to the environment
Valuable product or intermediate:
material is sold to a third party
material is used as an effective substitute for a commercial intermediate in an industrial process.

21. Legitimacy Criteria – Contaminant Levels
Current rule: NHSM must contain contaminants at levels comparable in concentration to or lower than those in traditional fuels the combustion unit is designed to burn
Proposed rule would make several important clarifications:
Can be based on “groups” of contaminant levels
A number are specifically delineated in the preamble (e.g., nitrogenated compounds, VOC)
“Designed to burn” – looks at fuels that can be combusted in the particular type of combustion unit and not what is permitted
There are two different types of legitimacy criteria that need to be meet dependent if you are using the secondary material that qualifies as a fuel or an ingredient in the combustion unit.
Valuable commodity:
storage of the material prior to use must not exceed reasonable time frames,
fuel/ingredient must be managed in a manner consistent with the analogous fuel/ingredient,
if there is not an analogous fuel or ingredient, the fuel/ingredient must be adequately contained to prevent releases to the environment
Valuable product or intermediate:
material is sold to a third party
material is used as an effective substitute for a commercial intermediate in an industrial process.

22. Scrap Tires and Resonated Wood
New section of rule includes a categorical exclusion for scrap tires and resinated wood
Current rule requires that “legitimacy criteria” be met for tires and resinated wood
For tires, means that metal cord removed to “metal free” standards
For resinated wood, was going to be difficult to meet due to residual contaminant levels (i.e., formaldehyde)
Agency recognized that contaminant levels could be higher, but “balanced the legitimacy criteria with other relevant factors”

23. Case-by-Case Non-Solid Waste Determinations
Current rule allows “application” to EPA for case-by-case determination
Legitimacy criteria and several other factors must be addressed in the submittal
Includes a 30-day notice to be published in newspaper or radio broadcast and posted on EPA’s website
Can even hold a public meeting at its discretion
One of criteria involves “processing” to make a non-waste fuel or ingredient

24. What is Processing? The following operations qualify as processing:
Remove or destroy contaminants
Improve the fuel characteristics of the material
Chemically improve the as-fired energy content
Improve the ingredient characteristics
Shredding does not constitute processing
Processing Examples:
Removing paint from construction debris
Dewatering and pelletizing wastewater treatment sludge to improve the as-fired energy content
Historically, gas in a pipeline had not been treated as a “contained gaseous material.” In fact, the CISWI rule used to include the following definition: “Contained gaseous material means gases that are in a container when that container is combusted.” As part of the final CISWI rule, this definition has been removed. This removal was not included in the proposed rule, nor is it discussed in the preamble to the CISWI rule.
From EPA – “It has come to our attention that, in these rules, EPA has shifted its position on whether or not gases in pipelines can be considered solid wastes. The RCRA statutory definition of solid waste includes “contained gaseous material.” In the past, EPA has not considered gases in pipelines to be “contained gaseous material.” However, in the response to comments for the NHSM Rule, EPA makes clear that its position on this issue has changed. EPA states:
In the first place, we are unable to find any Agency reasoning supporting previous EPA interpretations that only gases in containers may be considered “contained.” Based on the facts of this case, EPA cannot see how gaseous secondary material that is generated in any particular system and is somehow sent to a gas-fired boiler, even through a pipeline, can be considered an “uncontained gas.”

25. Summary of Non-Waste Determinations (1 of 2)
Step 1: Confirm that your NHSM meets one of the “categories” (non-discarded clean biomass, tires from tire collection program or off-spec tires or resinated wood)
Step 2: If not discarded, review the legitimacy criteria to confirm if all conditions are met (realistically may require confirmation/approval from permitting agency)
Slight relaxation of contaminant level criteria under proposed rule – can consider “groups of contaminants”
There are two different types of legitimacy criteria that need to be meet dependent if you are using the secondary material that qualifies as a fuel or an ingredient in the combustion unit.
Valuable commodity:
storage of the material prior to use must not exceed reasonable time frames,
fuel/ingredient must be managed in a manner consistent with the analogous fuel/ingredient,
if there is not an analogous fuel or ingredient, the fuel/ingredient must be adequately contained to prevent releases to the environment
Valuable product or intermediate:
material is sold to a third party
material is used as an effective substitute for a commercial intermediate in an industrial process.

26. Summary of Non-Waste Determinations (2 of 2)
Two pathways through EPA may be possible after this:
Current rule: Case-by-case determination (will only work if can meet legitimacy criteria)
Proposal: Petition for rulemaking
More effort
Likely longer timeframe
Advantage: do not have to meet legitimacy, but can “balance the legitimacy criteria with other relevant factors”

27. Case Study for Non-Solid Waste Determination

28. Case Study: Scrap Plastics
Scenario:
A solid fuel fired stoker boiler is located at a coal power plant.
The boiler is designed to burn coal (traditional fuel).
The boiler currently combusts the following materials:
Coal
HDPE scrap plastics
The plastics are purchased from a nearby plastic manufacturer.
The scrap plastics are stored in an enclosed building and are combusted within the month it is brought on-site.
The heating value is 9,500 Btu/lb.
“established tire collection program” means a comprehensive collection system that ensures scrap tires are not discarded and are handled as valuable commodities in accordance with section 241.3(b)(2)(i) from the point of removal from the vehicle through arrival at the combustion facility.

29. Case Study: Scrap Plastics
Does the NHSM fit into a category that could be considered a secondary material that is not a solid waste?
No. The scrap plastics are not generated on-site and are not processed. Therefore, a case-by-case application (or petition for rulemaking) must be submitted to EPA in order to qualify as a non-solid waste.
Next Step: Review the Legitimacy Criteria
There are two different types of legitimacy criteria that need to be meet dependent if you are using the secondary material that qualifies as a fuel or an ingredient in the combustion unit.
Valuable commodity:
storage of the material prior to use must not exceed reasonable time frames,
fuel/ingredient must be managed in a manner consistent with the analogous fuel/ingredient,
if there is not an analogous fuel or ingredient, the fuel/ingredient must be adequately contained to prevent releases to the environment
Valuable product or intermediate:
material is sold to a third party
material is used as an effective substitute for a commercial intermediate in an industrial process.

30. Case Study: Scrap Plastics Legitimacy Criteria – Valuable Commodity
What is a Valuable Commodity?
NHSM must be stored and used within “reasonable time frames”
NHSM must be managed in a manner that prevents releases to the environment
Would the scrap plastics be considered a valuable commodity?
The scrap plastics meet the following criteria:
Stored in an enclosed building (e.g., prevent releases to the environment)
Used within a short time frame (e.g., within the month)
Therefore, the scrap plastics appear to meet EPA’s criteria as a valuable commodity.
There are two different types of legitimacy criteria that need to be meet dependent if you are using the secondary material that qualifies as a fuel or an ingredient in the combustion unit.
Valuable commodity:
storage of the material prior to use must not exceed reasonable time frames,
fuel/ingredient must be managed in a manner consistent with the analogous fuel/ingredient,
if there is not an analogous fuel or ingredient, the fuel/ingredient must be adequately contained to prevent releases to the environment
Valuable product or intermediate:
material is sold to a third party
material is used as an effective substitute for a commercial intermediate in an industrial process.

31. Case Study: Scrap Plastics Legitimacy Criteria – Meaningful Heating Value
What is Meaningful Heating Value?
5,000 Btu/lb or higher, in general
Facilities that burn NHSM with a heating value of <5,000 Btu/lb would need to prove that the ERU can cost effectively recover meaningful energy from the secondary material.
Would the scrap plastics have a meaningful heating value?
The scrap plastics have a heating value of 9,500 Btu/lb.
Therefore, the scrap plastics do have a meaningful heating value.
There are two different types of legitimacy criteria that need to be meet dependent if you are using the secondary material that qualifies as a fuel or an ingredient in the combustion unit.
Valuable commodity:
storage of the material prior to use must not exceed reasonable time frames,
fuel/ingredient must be managed in a manner consistent with the analogous fuel/ingredient,
if there is not an analogous fuel or ingredient, the fuel/ingredient must be adequately contained to prevent releases to the environment
Valuable product or intermediate:
material is sold to a third party
material is used as an effective substitute for a commercial intermediate in an industrial process.

32. How to Assess Contaminant Level?
Case Study: Scrap Plastics Legitimacy Criteria – Contaminant Levels (1 of 2)
How to Assess Contaminant Level?
NHSM must contain contaminants at levels comparable in concentration to or lower than those in traditional fuels that the combustion unit is designed to burn.
Direct comparison between NHSM and all traditional fuels that similar stoker boilers is capable of combusting
Would the spent plastics have a contaminant level lower than that of coal (could compare to other fuels, but limited for purposes of discussion)?
There are two different types of legitimacy criteria that need to be meet dependent if you are using the secondary material that qualifies as a fuel or an ingredient in the combustion unit.
Valuable commodity:
storage of the material prior to use must not exceed reasonable time frames,
fuel/ingredient must be managed in a manner consistent with the analogous fuel/ingredient,
if there is not an analogous fuel or ingredient, the fuel/ingredient must be adequately contained to prevent releases to the environment
Valuable product or intermediate:
material is sold to a third party
material is used as an effective substitute for a commercial intermediate in an industrial process.

33. Data pulled from the following website:
Case Study: Scrap Plastics Legitimacy Criteria – Contaminant Levels (2 of 2)
Pollutant
HDPE Scrap Plastic
(ppm)
Coal
Arsenic
0.5
4.4
Cadmium
2.9
1.1
Lead
60.6
8.4
Mercury
0.2
0.1
The HDPE scrap plastic likely would be not be able to meet the legitimacy criteria because cadmium, lead, and mercury are higher than found in coal.
Data pulled from the following website:
There are two different types of legitimacy criteria that need to be meet dependent if you are using the secondary material that qualifies as a fuel or an ingredient in the combustion unit.
Valuable commodity:
storage of the material prior to use must not exceed reasonable time frames,
fuel/ingredient must be managed in a manner consistent with the analogous fuel/ingredient,
if there is not an analogous fuel or ingredient, the fuel/ingredient must be adequately contained to prevent releases to the environment
Valuable product or intermediate:
material is sold to a third party
material is used as an effective substitute for a commercial intermediate in an industrial process.

34. Case Study: Scrap Plastics Case-by-Case Application
What if the power plant identifies a scrap plastic from an off-site provider where the contaminants of concern are less than Coal?
The facility could review if preparing a Case-by-Case Application for the scrap plastic would result in an approval from EPA.
There are two different types of legitimacy criteria that need to be meet dependent if you are using the secondary material that qualifies as a fuel or an ingredient in the combustion unit.
Valuable commodity:
storage of the material prior to use must not exceed reasonable time frames,
fuel/ingredient must be managed in a manner consistent with the analogous fuel/ingredient,
if there is not an analogous fuel or ingredient, the fuel/ingredient must be adequately contained to prevent releases to the environment
Valuable product or intermediate:
material is sold to a third party
material is used as an effective substitute for a commercial intermediate in an industrial process.

35. Case Study: Scrap Plastics Petition for Rulemaking
Under proposed rule, could petition for rulemaking, but process would be long/difficult
Key would be to develop rational argument that balanced the legitimacy criterion against “other (compelling) relevant factors”

36. Questions?
Justin Fickas 53 Perimeter Center East Suite 230 Atlanta, GA Office: (678) Cell: (678) Fax: (678)