Justin Fickas - 2012-09-13 NHSM Presentation (2012-09

Non-Hazardous Secondary
Materials Definition:
How it Relates to Boiler MACT and
Biloxi, MS ♦ September 13, 2012
Melissa Hillman
Justin Fickas
˃ Brief History on Boiler NESHAPs/CISWI
Rules/Definition of Solid Wastes and NonHazardous 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
Brief History on Boiler
Rules/Definition of NHSM
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 2000
Reason for voluntary remand: 2000 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
Boiler MACT History
˃ First round:
 January 13, 2003 proposed Boiler MACT
 September 13, 2004 final Boiler MACT
˃ June 19, 2007 – Boiler MACT
“EPA incorrectly included boilers that
combust solid waste in the development of
the standards in the MACT determination,
which skewed the numerical limits
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
˃ 1/9/2012 – D.C. Circuit vacates EPA’s May 2011
Boiler MACT and CISWI Rules
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
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 241. 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 §60.2175(v),
the material is a solid waste and the operating
unit is a CISWI unit. …
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
 List of fuel combusted over the past 6 months and
expected in the future
 Date new regulations become applicable
Identification of Non-Hazardous
Secondary Materials that are
Solid Waste 40 CFR Part 241
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
˃ 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]”
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
˃ 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
Solid Waste Definition
˃ A solid waste is defined in 40 CFR 258.2
“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…”
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)
Natural Gas
Pet Coke
Coal Tar Oil
Refinery Gas
Synthetic Fuel
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 279.11
Currently mined coal refuse that
previously had not been usable as
Clean cellulosic biomass
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
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
Legitimacy Criteria Overview
˃ Legitimacy Criteria – Fuels
 Valuable commodity
 Meaningful heating value
 Contain contaminants at levels comparable to
traditional fuels
˃ Legitimacy Criteria – Ingredient
 Valuable commodity
 Useful contribution to the
production/manufacturing process
 Produce a valuable product or intermediate
 Contain contaminants at levels similar to traditional
Legitimacy Criteria – Valuable
˃ What is a Valuable Commodity?
NHSM must be stored and used within “reasonable time
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)
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
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,
˃ Also delineates certain compounds that are not
considered contaminants because they are
unlikely to be present (e.g., HCl, SO2)
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
˃ Proposed rule would make several important
˃ 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
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”
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”
Case-by-Case Non-Solid Waste
˃ 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
Can even hold a public meeting at its discretion
˃ One of criteria involves “processing” to make a
non-waste fuel or ingredient
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:
1. Removing paint from construction debris
2. Dewatering and pelletizing wastewater treatment
sludge to improve the as-fired energy content
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
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”
Case Study for Non-Solid
Waste Determination
Case Study: Scrap Plastics
˃ A solid fuel fired stoker boiler is located at a coal power
˃ The boiler is designed to burn coal (traditional fuel).
˃ The boiler currently combusts the following materials:
HDPE scrap plastics
˃ The plastics are purchased from a nearby plastic
˃ 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.
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
Next Step: Review the Legitimacy Criteria
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
Would the scrap plastics be considered a valuable
The scrap plastics meet the following criteria:
Stored in an enclosed building (e.g., prevent releases to the
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.
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
The scrap plastics have a heating value of 9,500 Btu/lb.
Therefore, the scrap plastics do have a meaningful
heating value.
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)?
Case Study: Scrap Plastics
Legitimacy Criteria – Contaminant Levels (2 of 2)
HDPE Scrap Plastic
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:
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
Case Study: Scrap Plastics
Petition for Rulemaking
˃ Under proposed rule, could petition for
rulemaking, but process would be
˃ Key would be to develop rational
argument that balanced the legitimacy
criterion against “other (compelling)
relevant factors”
Justin Fickas
53 Perimeter Center East
Suite 230
Atlanta, GA 30346
Office: (678) 441-9977
Cell: (678) 549-9755
Fax: (678) 441-9978
[email protected]

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