Question:
Can you sell co-product chemicals for use as fuels?
Answer:
In some cases, the answer is yes. The regulations for selling co-products as fuels depend on whether the co-product is considered hazardous or non-hazardous waste.
If the co-product is a non-hazardous waste, it can be sold as a fuel as long as it meets the requirements of 40 CFR 241. This means that the co-product must meet certain criteria to be considered a legitimate fuel, such as having a certain heating value and being used in a specific manner.
However, if the co-product is classified as a hazardous waste, the requirements for selling it as a fuel are more stringent. The regulations in 40 CFR 261.2 outline the criteria that must be met to classify a material as a hazardous waste, and these requirements must be met before the co-product can be sold as a fuel.
It’s important to note that hazardous materials that are fuels or fuel ingredients themselves are not considered solid wastes under these regulations. This means that materials that are used as fuels and are not considered hazardous waste can be sold as fuels without meeting the requirements of 40 CFR 241 or 40 CFR 261.2.
If you have questions about whether you can sell a co-product as a fuel, it’s best to seek further information by emailing the appropriate authorities.
About 40 CFR 241
40 CFR 241 is a regulation that provides criteria for determining whether a material that is generated as a result of an industrial process is a solid waste or a legitimate fuel. The regulation establishes a set of conditions that must be met in order for a material to be classified as a legitimate fuel rather than a solid waste.
According to 40 CFR 241, a material can be classified as a legitimate fuel if it meets the following criteria:
- The material must be managed as a fuel, not a waste. This means that it must be used for its intended purpose as a fuel and not discarded or disposed of as a waste.
- The material must have a meaningful heating value. This means that it must be capable of producing energy when burned.
- The material must be used in a manner that provides energy to a combustion unit. This means that the material must be burned in a way that produces energy, such as in a furnace or boiler.
- The material must be used as a substitute for a commercial fuel. This means that the material must be used in place of a fuel that would otherwise be purchased and used for energy production.
If a material meets these criteria, it can be classified as a legitimate fuel and can be sold as such. This is important because the regulations for managing and disposing of solid wastes are more stringent than those for managing and using fuels, so it can be beneficial for industrial facilities to be able to sell their co-products as fuels rather than disposing of them as wastes.
About 40 CFR 261.2
40 CFR 261.2 is a regulation that sets forth the criteria for determining whether a material is considered hazardous waste under the Resource Conservation and Recovery Act (RCRA) of 1976. This regulation is important because hazardous waste is subject to more stringent regulations for management and disposal than non-hazardous waste.
Under 40 CFR 261.2, a material is considered hazardous waste if it meets one of four criteria:
- It is specifically listed as a hazardous waste in the regulation. There are four lists of hazardous wastes, including F-listed (wastes from non-specific sources), K-listed (wastes from specific industries), P-listed (acutely hazardous wastes), and U-listed (toxic wastes).
- It exhibits one or more characteristics of hazardous waste. These characteristics include ignitability, corrosivity, reactivity, and toxicity.
- It is a mixture of a listed hazardous waste and a non-hazardous waste, and the mixture exhibits a hazardous waste characteristic.
- It has been identified by the Environmental Protection Agency (EPA) as a hazardous waste due to its potential harm to human health or the environment.
If a material meets any of these criteria, it is considered hazardous waste under RCRA and must be managed and disposed of according to the regulations for hazardous waste. This includes requirements for storage, transportation, treatment, and disposal of the waste. It is important for industrial facilities to carefully determine whether their wastes are hazardous, as failure to comply with hazardous waste regulations can result in fines, penalties, and other legal consequences.