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Identification of Non-Hazardous Materials That Are Solid Waste

Related Links

Municipal Solid Waste Combustion

Guide for Industrial Waste Management: Protecting Air

Solid Waste Regulations

Advanced Notice of Proposed Rulemaking

EPA is preparing to establish new standards for sections 112 and 129 of the Clean Air Act. (CAA). 

To do so, EPA must determine what non-hazardous secondary materials are considered “solid waste” under the Resource Conservation and Recovery Act (RCRA). If a non-hazardous secondary material is not a “solid waste” under RCRA, and is burned in a combustion unit, then the unit that burns that material would be subject to applicable CAA section 112 requirements. On the other hand, if the material is considered a “solid waste,” then the unit that burns the material would be subject to CAA 129 requirements.

Accordingly, the Agency is seeking comment through this Advanced Notice of Proposed Rulemaking (ANPRM) on which non-hazardous secondary materials are or are not solid waste under RCRA. This will assist the Agency in developing standards under sections 112 and 129 of the CAA.

The meaning of “solid waste” as defined under RCRA is of particular importance since section 129 of the Clean Air Act (CAA) states that the term “solid waste” shall have the meaning “established by the Administrator pursuant to [RCRA].”

You will need Adobe Reader to view some of the files on this page. See EPA's PDF page to learn more.

Support Documents:

In addition to the prepublication copy of the Advanced Notice of Proposed Rulemaking - "Identification of Non-Hazardous Materials That Are Solid Waste" we are making available today, we are also providing the supporting Materials Characterization Papers. The Material Characterization Papers provide information, which is publicly and readily available, on a wide array of secondary materials potentially affected by this action.

The support materials and the public comments EPA receives on this advanced notice of proposed rulemaking are available for public review online at Regulations.gov under docket number EPA-HQ-RCRA-2008-0329. Please note that proposed rule materials may not be available from Regulations.gov until the rule is published in the Federal Register.

How to use Regulations.gov:

  1. Select Docket Search.
  2. Select "Environmental Protection Agency" from the Agency drop-down menu.
  3. In the Docket ID box, type in the docket number, e.g., EPA-HQ-RCRA-2008-0329 and press the "Submit" button to receive search results. Be patient; loading the documents takes time.

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