RCRA Online Number: 14970
Title: Regulatory Status of Clean Cellulosic Biomass Used to Make Biochar
Document Date: 2025-06-23
To: Meyers
From: Crossland
Organization of Recipient: Crowell & Moring LLP
Description: EPA has determined that clean cellulosic biomass that is combusted to produce a biochar product is not a solid waste for the purposes of the Non-Hazardous Secondary Material (NHSM) rule in 40 CFR part 241. Equipment used to process the clean cellulosic biomass to make a biochar product would therefore not be subject to Clean Air Act (CAA) 129 standards, including Title V permitting. Based on the information provided by the requestor, EPA believes that the process they describe aligns with this determination, and therefore their equipment would not be subject to CAA 129 requirements as long it is used to process clean cellulosic biomass to produce a biochar product. However, if the equipment does not produce a biochar product, the feedstock may be considered solid waste, and the equipment could be regulated as an air curtain incinerator under the CAA. (additional keywords: NHSM, Air Curtain Incinerator, Biochar, Clean Cellulosic Biomass) [Note: The full text PDF of this memo will be made available as soon as possible.]
Regulatory Citation(s): 241.2
Official ORCR Policy: Yes
Associated Topic(s):
Waste Determinations for Combusted Non-Hazardous Secondary Materials |