Why is EPA excluding emission-comparable fuel (ECF) from the definition of solid (and hazardous) waste?
The ECF exclusion will correct the market distortions associated with unnecessary regulatory constraints that prevent the most efficient use of the fuel value of hazardous secondary materials. Under current regulations, these hazardous secondary materials are managed as hazardous waste and are often shipped off-site to commercial hazardous waste combustors for use as fuel. EPA believes that these hazardous secondary materials can be burned for energy recovery without imposing unnecessary regulatory costs on generators, primarily the manufacturing sector. Continuing to regulate these fuels as hazardous wastes would treat a potentially valuable fuel commodity (especially considering the increasing price of fuels) as a waste without a compelling basis.