Snowe Encouraged by Revision of EPA Rule on Biomass

Press Release

At the urging of U.S. Senator Olympia J. Snowe (R-Maine), the Environmental Protection Agency (EPA) tomorrow will propose a revised rule relating to the regulation of biomass and other alternative energy sources, along with a newly proposed Boiler Maximum Achievable Control Technology (MACT) rule, which affects roughly 50 major source facilities in Maine. At her request, Senator Snowe and staff were briefed by the Agency on the proposal this morning. While the text of the final rule will be released tomorrow, the rule clarifies that biomass, which powers many Maine mills, will continue to be able to be used as a substitute for traditional fossil fuels.

Senator Snowe said:

"I am encouraged the EPA has listened to reasonable requests from Mainers and others and revised the solid waste rule to be more flexible. It is absolutely vital we get these rules right for Maine, our health and our economy, especially during these challenging times. It makes no sense that biomass, an abundant, renewable and clean energy resource in Maine should be regulated more stringently than fossil fuel. While I am encouraged that biomass will continue to power Maine's mills, I look forward to speaking with local stakeholders to learn their reaction to this newly proposed Boiler MACT rule. While we now need to review the specifics from the EPA, this is certainly a step in the right direction."

BACKGROUND: On March 21, 2011, the EPA issued standards that attempted to clarify the definition of non-hazardous solid waste as established under the Resource Conservation and Recovery Act (RCRA). While the intent of this rule, commonly referred to as the Non-Hazardous Secondary Materials Rule (NHSM Rule), was to provide certainty and protect public health, it has created uncertainty regarding whether the current biomass fuel inputs would be defined as non-hazardous solid-waste rather than fuel, and thus cause the facility to be regulated as an incinerator and therefore subject to additional costs.

In response, Senator Snowe led an effort in Congress to revise the rule, sending a letter to the EPA on October 9, 2011, with ten of her colleagues in the Senate. In the letter, the Senators wrote, "We have each heard from paper mills and other businesses in our states that the rule as written may force investments to be curtailed and may require companies to replace biomass with fossil fuels, which disrupts the forest-based economy supply chain and detracts from environmental objectives as well. Specifically, one paper company has indicated that, as written, the rule may force the company to negate a $49 million investment which reduces the facility's carbon emissions through the expanded use of biomass." Specifically, the rule will clarify that agricultural derived biomass, crop residues including vines, orchard trees, hulls, seed, hogged fuel, untreated wood pallets, wood pellets, wood debris from urban areas will continue to be regulated like a traditional fuel rather than a solid waste. In addition, owners or operators of facilities will be able to petition EPA to list additional materials to be a non-waste when used as a fuel.

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