CMRA Examines, Responds to EPA’s Boiler Rule

An ad hoc group made up of CMRA members, and working with the National Sold Waste Management Association, has actively been pursuing discussions with the U.S. Environmental Protection Agency regarding its recently released document, “Identification of Non-Hazardous Secondary Materials that are Solid Waste.” The interpretation of the group is that the EPA fully intends for almost all C&D biomass to undergo what is called a petition process, whereby the boiler using the fuel will have to petition the EPA to show how the material compares to a “traditional” fuel it would be replacing.

While the implementation date of the rule is May 20, 2011, it will be at least three years before any petition process will have to be completed. Boilers can still accept the fuel in the meantime.

Here are some results of the group’s talks with the EPA discussion led by Gary Sondermeyer of Bayshore Recycling:

• EPA headquarters is working on formal “Guidance” regarding the petition Process;
• Highly unlikely this Guidance will be out before the end of 2011;
• Petitions will be submitted to regional administrators and not headquarters;
• Cases that cross regional boundaries will be guided from the headquarters level (for example a “supplier” of C&D derived wood fuel in New Jersey sending product to a boiler located in Pennsylvania will engage both Regions 2 and 3 of USEPA.  Any jurisdictional issues/problems on the petition will be handled by headquarters.);
• Existing staff within each EPA Region will have to assume this new responsibility to review petitions (with current federal cutbacks proceeding and intensifying, staffing will clearly be an issue of concern);
• Applicants can submit petition requests prior to the formal Guidance being released—and they would go to the regional administrator in their jurisdiction.  The EPA will “figure it out” as its goes along for the earlier submissions; and
• The three years prior to full implementation (as governed by the air component of these rules) is the due process opportunity to go through the petition process and to decide whether or not to continue accepting secondary materials that meet the legitimacy criteria—or to upgrade the boiler’s air pollution control system to meet the more rigorous standards to accept and combust what is now considered a waste.

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