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EPA published in the March 21 Federal Register a final rule that identifies which non-hazardous secondary materials, when used as fuels or ingredients in combustion units, are solid wastes under the Resource Conservation and Recovery Act (RCRA). This RCRA solid waste definition will determine 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 action, This final rule is effective on May 20, 2011. 


EPA also issued in the March 21 Federal Register final rulemaking for new stationary sources and emission guidelines for existing sewage sludge incineration units To determine that materials are non-hazardous secondary materials when burned under this rule, materials must not have been discarded and must be legitimately used as a fuel. EPA determined that biosolids were considered as material that is discarded in sewage sludge incinerators (SSIs), and thus a solid waste, prompting the Section 129 CAA rulemaking.  This final rule sets limits for nine pollutants under section 129 of the Clean Air Act: cadmium, carbon monoxide, hydrogen chloride, lead, mercury, nitrogen oxides, particulate matter, polychlorinated dibenzo-p-dioxins and polychlorinated dibenzofurans, and sulfur dioxide. This final rule is also effective on May 20, 2011.