PFPI-BiomassIsTheNewCoal-April-2-2014

chromium-,copper-, and arsenic (CCA)-treated lumber, polyvinyl chloride (PVC) plastics which can contain upto 60 percent halogens (chlorine), lead-based painted wood, and fluorinated plastics.” 134However, EPA apparently has such confidence in the data submitted by industry on contaminationlevels in materials that the Agency has announced it is nearly ready to grant a categoricalclassification of processed CDD wood as “biomass,” and remove testing requirements altogether:“In the March 2011 final rule, we determined that C&D wood that is sufficiently processed can be a non- wastefuel. The Agency has received additional information since the issuance of that rule on specific bestmanagement practices used by suppliers/processors of C&D wood. Such practices include processing to removecontaminants. EPA believes the information received to date would tend to support a listing of these materialsas a categorical non-waste fuel and expects to propose that listing in a subsequent rulemaking.” 135 As of mid-March 2014, the EPA’s proposed rule granting the reclassification is due to be published in theFederal Register.An “Inside EPA” article additionally states that that theEPA has also been evaluating industry petitions to listpreservative-treated wood as categorical non-waste,including one from the American Forest & PaperAssociation and the American Wood Council seeking acategorical listing for creosote-treated railroad ties, andone from the Treated Wood Council recommendingthat “treated wood biomass,”’ including wood treatedwith borate-based preservatives, copper-basedpreservatives, pentachlorophenol, oilborned coppernaphthenate and creosote, be considered a nonhazardoussecondary material. 136EPA did acknowledge in the final waste rule that“chromated copper arsenate-treated wood (CCA wood) wouldlikely have contaminant levels not comparable to traditionalfuels,” 137 suggesting that this material, by itself, shouldcontinue to be treated as a waste and require disposal inincineration units with more protective emissionscontrols. However, in practice EPA leaves the doorwide open to burning this material in area sourcebiomass boilers and thus increasing emissions of metalsand other air toxics. Even when visually sorted toFigure 8. A 50 MW bioenergy plant burns theequivalent of a truckload of chips approximatelyevery 20 minutes. Photo credit: NREL.13440 CFR Part 241. Identification of non-hazardous secondary materials that are solid waste; proposed rule. Federal RegisterVol. 75, NO. 107. Friday, June 4, 2010. p. 3187113540 CFR Parts 60 and 241. Commercial and industrial solid waste incineration unites: reconsideration and final amendments;non-hazardous secondary materials that are solid waste. Federal Register Vol. 78, No. 26, Thurs. February 7, 2013. p. 9173136 “OMB clears EPA’s proposed expansion of ‘non-waste’ fuel list. Inside EPA.com: The Inside Story. Posted March 13, 2014.13740 CFR Parts 60 and 241. Commercial and industrial solid waste incineration unites: reconsideration and final amendments;non-hazardous secondary materials that are solid waste. Federal Register Vol. 78, No. 26, Thurs. February 7, 2013, p. 915261