US EPA has initiated rulemaking to process to add to the list of Categorical Non-Waste Fuels (Non-Hazardous Secondary Material). In the 2013 Non-Hazardous Secondary Materials (NHSM) final rule, the Agency established a rulemaking process for categorical determinations for adding NHSMs as non-waste fuels. In addition, EPA identified several NHSMs that it considered to be good candidates for a categorical listing.

Rulemakings for adding NHSMs to the list of categorical non-wastes will have to demonstrate how the NHSMs successfully meet the criteria listed in 40 CFR 241.4(b)(5). EPA currently anticipates publishing a Notice of Preliminary Rulemaking in December 2013.

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