News

GTC Details Basis for Challenging EPA RCRA Rule; Submits Refinery Rule Comments (10/26/98)

There have been two new developments on issues relating to U.S. Environmental Protection Agency efforts to regulate under the Resource Conservation and Recover Act (RCRA) the production of synthesis gas via gasification of secondary materials.

On October 21 the GTC filed with the U.S. Court of Appeals for the District of Columbia Circuit its statement of issues on which it is basing the legal challenge to the final hazardous waste combustor rule issued on June 19, 1998 . (See related news items below.)

On October 13 the Council submitted comments to the EPA in response to a request for information contained in a July 15 proposal to exclude from RCRA jurisdiction oil bearing wastes fed to a gasifier in a refinery. While the so-called "Refinery NODA" would offer some relief from the hazardous waste combustor rule the Council is challenging in court, the GTC argued in its comments that the proposal is still too narrow in its application because "there is no technical reason to restrict gasification of secondary materials for energy recovery to a refinery."

The Council was joined by the American Petroleum Institute, Chemical Manufacturers Association, the Dow Chemical Company, Farmland Industries and Texaco Inc. in calling for a broader exclusion for syngas to be used as a fuel that is produced through gasification of secondary materials. Comments in opposition (or calling for additional information) were filed by the Environmental Technology Council (which represents the hazardous waste disposal and incineration industry) and the Environmental Defense Fund. The consolidated comments of all parties are available on this site.

Also available on this site is an article from the BNA Daily Environment Report that does a good job of summarizing the issues surrounding the Council’s court challenge and the proposed refinery rule. The article is reprinted with permission from Daily Environment Report , No. 204 (Oct. 22, 1998). Copyright 1998 by the Bureau of National Affairs, Inc. (800-372-1033).

Council Challenges RCRA Regulation of Syngas (9/18/98)

The Gasification Technologies Council has filed a court challenge to a U.S. Environmental Protection Agency rule that asserts for the first time that the Agency has authority under the Resource Conservation and Recovery Act (RCRA) to regulate clean burning synthesis gas produced through the conversion of carbon-containing materials (which the EPA characterizes as wastes) when the gas is used as a fuel or for energy recovery.

The rule being challenged by the GTC was issued June 19 and establishes a conditional exclusion from RCRA for the syngas. (See related article:

EPA Issues Final Hazardous Waste Combustor Rule With Syngas Exclusion (6/19/98)

.) The Council challenge is based on RCRA jurisdictional issues as well as specific conditions placed on the use of syngas in the rule.

"The materials are not wastes because they have value and use as a raw material feedstock that is converted via a gasification process technology to a clean synthesis gas product. Therefore, it is our strong belief that the EPA has no jurisdiction under RCRA," said James Childress, Executive Director of the GTC.

Download a copy of the press release announcing the court challenge.

DOE to Commission Study on IGCC World Market Potential (7/17/98)

The U.S. Department of Energy has announced it will commission an independent study to gauge the potential role of IGCC technologies in emerging world energy markets.

Assistant Secretary for Fossil Energy Pat Godley made the announcement in a July 17 letter to the GTC. The Council had asked Secretary Godley to authorize the study to counter a number of inaccurate reports that have called into question the ability of IGCC to compete with other fossil fuel-based power generation technologies. The DOE study will (1) provide an accurate assessment of environmental and economic factors affecting world power, chemical and refining industries and (2) assess the multiple environmental and economic benefits provided by gasification to respond to these forces.

The GTC will participate in the study, by helping to define its scope, providing data, and providing a review committee to comment on draft reports.

EPA Proposes Excluding Gasification of Refinery Secondary Materials from RCRA Jurisdiction (7/15/98)

The EPA has issued a request for comments on a proposal that would exclude from RCRA regulation the gasification of oil bearing secondary materials in refinery operations. In essence the proposal would extend to gasification the same RCRA exclusion now enjoyed by coking units.

Citing information presented to EPA by the GTC and others regarding the superior environmental performance of gasification, the Agency has asked for additional views, data and comments on the proposed exclusion.

A trade press report on the notice in the July 15 Federal Register cited an EPA official's remarks that he does not expect much adverse comment on the proposal and that, "We're thinking it's a go." Click here for a copy of the July 15 Federal Register notice

EPA Issues Final Hazardous Waste Combustor Rule with Syngas Exclusion (6/19/98)

The U.S. Environmental Protection Agency published in the June 19 Federal Register the final rule for hazardous waste combustors under the Resource Conservation and Recovery Act.

Of particular interest to the gasification industry is the section of the rule that contains the controversial synthesis gas exclusion. The GTC had submitted comments to the EPA challenging the Agency's authority to regulate a gas under RCRA.

The final rule will exclude from the definition of a hazardous waste syngas produced by the gasification of such material if certain fuel specifications and monitoring/reporting requirements are met. At the urging of the GTC the maximum bS limit was raised by 200 parts per million by volume, versus a proposed 10 ppmv. The minimum Btu limit was set at 100 million Btu per standard cubic foot versus a proposal of 5,000 Btu per pound. Other specifications include maximum halogen and nitrogen content and limits on individual hazardous constituents. For full details, download the June 19, 1998 Federal Register notice issuing the final rule. Top of the page