"Fuel Cleaning" and Materials Separation at Waste-to-Energy Plants

Abstract

Separation of materials from municipal waste streams is not recycling. Successful recycling is demand-pulled rather than supply-driven; it depends on local markets that reuse separated materials. For this reason EPA's Office of Solid Waste has opposed national mandates for materials separation which do not address associated markets. But a recent Air Act decision could reverse that stance, potentially mandating high levels of materials separation for every new waste-to-energy (WTE) facility. The decision holds that Best Available Control Technology (BACT) requires PSD permit applicants to consider separating "feasible" levels, of each "readily-ascertainable" waste component that contributes to air emissions when incinerated, despite their installation of advanced emissions controls or the lack of any evidence that emission concentrations would be further reduced by such "fuel cleaning." Because total emissions of any facility may always be reduced by requiring it to consume less fuel—or burn gas rather than oil, or use conservation rather than combust at all—the decision could radicalize New Source Review, transforming preconstruction permits from a process meant to assure specific emissions controls to one in which air agencies deny the existence of emitting sources. The decision could also delay preconstruction permits; force downsizing of disposal facilities EPA concedes to be necessary; accelerate landfill closures; inject air permit writers into solid waste management determinations; and make local waste infrastructure more difficult to finance. It demonstrates the slippery slopes created by attempts to convert single-medium statutes into multi-media programs under the banner of "pollution prevention."