Frequent Questions

RCRA already excludes certain secondary materials under 40 CFR 261.38 from being designated as solid (and hazardous) waste. How is EPA proposing to expand the comparable fuels exclusion?

NOTE: The Emission-Comparable Fuel exclusion final rule was withdrawn on June 15, 2010 (75 FR 33712; June 15, 2010).  Additional information on this withdrawl is available at the following URL:

EPA is proposing to expand the comparable fuel exclusion for fuels that are produced from hazardous waste but which generate emissions that are comparable to emissions from burning fuel oil when such fuels are burned in an industrial boiler. Such excluded fuel would be called emission-comparable fuel (ECF). ECF would be subject to the same constituent specifications that currently apply to comparable fuels, except that the specifications for certain hydrocarbons and oxygenates would not apply. In addition, the ECF exclusion would be conditioned on requirements including:

1. certain design and operating conditions for the ECF boiler; and
2. ECF tank storage conditions which are tailored for the hazards that ECF may pose.

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