AWC Statement on Request for EPA to Stay the Non-Hazardous Secondary Materials Rule

May 18, 2011

WASHINGTON – American Wood Council President Robert Glowinski today issued the following statement regarding the request of industry coalition for the Environmental Protection Agency (EPA) to stay the Non-Hazardous Secondary Materials rule.  

“The Non-Hazardous Secondary Materials (NHSM) rule is what determines whether a source is regulated under Boiler MACT as a fuel or under the Commercial and Industrial Solid Waste Incinerator (CISWI) rule as a solid waste.  Having just stayed those two rules, we believe it is prudent to stay the NHSM rule as well, which is set to become effective May 20.

“The Non-Hazardous Secondary Materials rule has issues that must be addressed in tandem with the other two rules, as it currently would classify many biomass residuals such as resinated wood as solid waste under CISWI.  This creates huge costs as businesses shift to less-environmentally friendly fuel options, and has environmental impacts resulting from landfilling these biomass materials. 

“This NHSM rule should be stayed as well, as it is intertwined with the Boiler MACT and CISWI rules that have now been stayed -- it defines under which of these a given source would be regulated.  We will continue working with EPA on these matters.”

Click here to view the request