EPA is proposing to grant FibroMinn LLC’s request that the poultry litter burned at the company’s power plant in Benson, Minnesota, be considered fuel, not waste. This is the first response to a non-waste petition in the country under the Non-Hazardous Secondary Material Rule (40 Code of Federal Regulations Part 241.3(c)). EPA is acting on FibroMinn’s petition application under its responsibilities set out in the federal Resource Conservation and Recovery Act.

• Tentative Decision Granting FibroMinn's Application for a Non-Waste Determination - July 14, 2015
• Preliminary Decision Aids Biomass Energy Plant - July 2015 fact sheet
• The FibroMinn administrative record contains:
  • Technical Review
  • Petition Application
  • Other Communications

EPA will review written public comments before it makes a final decision on FibroMinn's non-waste petition.

Public Comment Opportunity

EPA seeks public comment on its decision to tentatively grant FibroMinn LLC’s July 1, 2013 application for a non-waste determination under the RCRA Non-Hazardous Secondary Materials rule found at 40 C. F. R., 241.3. with regard to the poultry litter that the company burns as fuel in the boiler at its Benson, MN. power plant to produce electricity. 

The comment period runs from Wednesday, July 22 until Friday, August 21, 2015.

• by email: staniec.carol@epa.gov
• by fax: 312-692-2058
• by postal mail:
  Carol L. Staniec
  U.S. EPA Region 5
  Land and Chemicals Division (LM-8J)
  77 W. Jackson Blvd.
  Chicago, IL 60604-3590

EPA will consider reasonable requests to hold a public hearing on the issue.