U.S. EPA Proposes to Withdraw Emission Comparable Fuel Exclusion

The December 8, 2009 Federal Register included a notice that U.S. EPA is proposing to withdraw certain provisions of the Resource Conservation and Recovery Act (RCRA) rule under Subtitle C that provide for the exclusion of comparable fuel, emission-comparable fuel (ECF), and syngas fuel (40 CFR §261.38).   Specifically, U.S. EPA is proposing to eliminate the rule provisions for ECF  that were promulgated in December 2008 and excluded certain hazardous secondary materials that met the requirements for ECF and that were burned in place of fuel oil from the definition of solid waste and were therefore not hazardous waste.  In order to qualify as ECF, the material must have fuel value and hazardous constituent levels comparable to those found in fuel oil, such that when burned in place of fuel oil the emissions would be similar.  U.S. EPA has now concluded that ECF “is better regarded as being a discarded material and regulated as a hazardous waste.”  The proposed withdrawal of the ECF provisions will not affect the comparable fuel and syngas portions of the regulation that have been in place since 1998.  U.S. EPA is seeking comment on the proposed withdrawal of the ECF provisions by January 22, 2010.  The Federal Register notice can be viewed here.