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

Non-Hazardous Secondary Materials Definition:

How it Relates to Boiler MACT and CISWI Rules

Biloxi, MS ♦ September 13, 2012

Melissa HillmanJustin Fickas

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

Brief History on Boiler NESHAPs/CISWI 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

CISWI Rules 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 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”

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 2011 stay

ApplicabilityBoiler MACT and CISWI Rules

Applicability – Boiler MACTA 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.

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

switch 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 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]”

40 CFR Part 241, Subpart BIdentification 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

Solid Waste Definition

˃ A solid waste is defined in 40 CFR 258.2 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…”

Traditional Fuel

˃ 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 279.11

Currently mined coal refuse that previously had not been usable as coal

Clean cellulosic biomass

Materials that are produced as fuels and are unused products that have not been discarded and therefore, are not solid wastes, including:

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

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

products

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)

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, chlorine)

˃ 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 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

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”

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

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 debris2. 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 contaminants”

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 PlasticsScenario:˃ 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.

Case Study: Scrap PlasticsDoes 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

Case Study: Scrap PlasticsLegitimacy 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:1. Stored in an enclosed building (e.g., prevent releases to the

environment) 2. 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 PlasticsLegitimacy 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.

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)

PollutantHDPE Scrap Plastic

(ppm)Coal

(ppm)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:http://www.epa.gov/epawaste/nonhaz/define/pdfs/fuels-final.pdf

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.

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”

Questions?

Justin Fickas53 Perimeter Center EastSuite 230Atlanta, GA 30346Office: (678) 441-9977Cell: (678) 549-9755Fax: (678) 441-9978http://www.trinityconsultants.com/atlanta/[email protected]