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Deadline for EPA Proposed Rule Extended to April 29th: May Affect NORA Members
NORA has just learned that US District Court Judge Paul Friedman has extended the deadline until April 29, 2010 for EPA to issue a proposed rule for emission standards for non-hazardous waste fuel.
The details from this proposed rule are not known at this time. Industry experts have predicted that this proposed rule may have a drastic impact on the off-spec used oil market, and possibly the on-spec used oil market. Even if the rule only addresses off-spec used oil, it may indirectly impact NORA members who market on-spec used oil because of changes to permitting requirements.
The deadline is court mandated from the case Sierra Club v. US EPA. The proposed rule is regarding standards for Industrial, Commercial and Institutional Boilers located at area and major sources of hazardous air pollutants under Section 112 and Commercial and Industrial Solid Waste Incinerators (CISWI) under Section 129 of the Clean Air Act.
According to reports, EPA plans to issue a definition of non-hazardous waste under the Resource Conservation and Recovery Act (RCRA), which will have an impact on the boiler and CISWI rules. While there is no court-mandated schedule for the RCRA definition, the agency plans to issue that proposal along with the boiler and CISWI proposals. The deadline for the final rules has not been extended and remains December 16, 2010.
Once the proposed rule is released, NORA will distribute it to all members and will provide an analysis of the rule by NORA's experts.