In the March 21, 2011 Non-Hazardous Secondary Materials (NHSM) rule and its February 7, 2013 amendment, EPA stated that creosote-treated wood, including creosote-treated railroad ties (CTRTs), contained contaminates at levels that are not comparable to those found in traditional fuels (such as wood or coal) that creosote-treated wood would replace. Therefore, CTRTs were not permitted to be burned in boilers that are not classified as commercial and industrial solid waste incinerators.On March 21, 2011, EPA published in 40 CFR Part 63, the National Emission Standards for Hazardous Air Pollutant for Major Sources, commonly known as the Boiler MACT rule. EPA published amendments for this rule on January 31, 2013 and January 21,2015.
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