"We are asking that EPA stay the Non-Hazardous Secondary Materials rule, which is scheduled to be effective May 20. The rule determines whether sources are classified as a fuel and fall under the Boiler MACT rule, or a waste subject to the Incinerator rule.
"There is significant uncertainty regarding what will be considered a waste under the Non-Hazardous Secondary Materials rule, and many more materials than intended by EPA likely will now be classified as wastes. The "legitimacy criteria" that EPA added to the rule have the potential to inadvertently shift many biomass residuals to regulation under the Incinerator rule instead of the Boiler MACT rule where they previously were regulated. Classifying such sources as a waste rather than fuel jeopardizes the use of biomass residuals as a fuel, causing those materials to be diverted to landfills and forcing businesses to purchase more non-renewable fossil fuels - that's hardly good for our environment.
"Having just stayed the Boiler MACT and Incinerator rules, we believe a stay of the connected Non-Hazardous Secondary Materials rule, which determines which of the rules applies to a given source, also is needed while EPA decides what steps it will take to ensure that the final rule does not classify more material as wastes than intended."