All terms that are used in this subpart and are not defined below are given the same meaning as in the Act.
40 CFR 241.2:
Construction and demolition (C&D) wood means wood that is generated from the processing of debris from construction and demolition activities for the purposes of recovering wood. C&D wood from construction activities results from wood generated during any installation activity or from purchasing more wood than a project ultimately requires. C&D wood from demolition activities results from dismantling buildings and other structures, removing materials during renovation, or from natural disasters.
40 CFR 241.4(a)(5):
Processed wood residue means construction and demolition (C&D) wood processed from C&D debris according to best management practices. Combustors of C&D wood must obtain a written certification from C&D processing facilities that the C&D wood has been processed by trained operators in accordance with best management practices. Best management practices for purposes of this categorical listing must include sorting by trained operators that excludes or removes the following materials from the final product fuel: non-wood materials (e.g., polyvinyl chloride and other plastics, drywall, concrete, aggregates, dirt, and asbestos), and wood treated with creosote, pentachlorophenol, chromated copper arsenate, or other copper, chromium, or arsenical preservatives. In addition:
(i) Positive sorting. C&D processing facilities that use positive sorting - where operators pick out desirable wood from co-mingled debris - or that receive and process positive sorted C&D wood must either:
(A) Exclude all painted wood (to the extent that only de minimis quantities inherent to processing limitations may remain) from the final product fuel,
(B) Use X-ray Fluorescence to ensure that painted wood included in the final product fuel does not contain lead-based paint, or
(C) Require documentation that a building has been tested for and does not include lead-based paint before accepting demolition debris from that building.
(ii) Negative sorting. C&D processing facilities that use negative sorting - where operators remove contaminated or otherwise undesirable materials from co-mingled debris - must remove fines (i.e., small-sized particles that may contain relatively high concentrations of lead and other contaminants) and either:
(A) Remove all painted wood (to the extent that only de minimis quantities inherent to processing limitations may remain),
(B) Use X-ray Fluorescence to detect and remove lead-painted wood, or
(C) Require documentation that a building has been tested for and does not include lead-based paint before accepting demolition debris from that building.
(iii) Training. Processors must train operators to exclude or remove the materials as listed in paragraph (a)(5) of this section from the final product fuel. Records of training must include date of training held and must be maintained on-site for a period of three years.
(iv) Written certification. A written certification must be obtained by the combustor for every new or modified contract, purchase agreement, or other legally binding document, from each final processor of C&D wood and must include the statement: the processed C&D wood has been sorted by trained operators in accordance with best management practices.
N.H. Admin. Code Env, Env-A, ch. Env-A 3300, app F