Identification of Non-Hazardous Secondary Materials That Are Solid Waste (Renewal)

EPA published the Non-Hazardous Secondary Materials (NHSM) Rule on March 21, 2011. This rule finalized standards and procedures to be used to identify whether non-hazardous secondary materials are solid wastes when used as fuels or ingredients in combustion units. 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 (codified in 241.2). Non-hazardous secondary material is a secondary material that, when discarded, would not be identified as a hazardous waste under 40 CFR part 261 (codified in 241.2). This RCRA solid waste definition determines whether a combustion unit is required to meet the emissions standards for solid waste incineration units issued under section 129 of the Clean Air Act (CAA) or the emissions standards for commercial, industrial, and institutional boilers issued under section 112 of the CAA. In this rule, EPA also finalized a definition of traditional fuels.

The latest form for Identification of Non-Hazardous Secondary Materials That Are Solid Waste (Renewal) expires 2023-03-31 and can be found here.