Is off-specification (off-spec) gasoline used as a fuel or burned for energy recovery in a fuel blending program regulated as hazardous waste?

No, off-spec gasoline used as a fuel or burned for legitimate energy recovery is excluded from hazardous waste regulation. All commercial chemical products that are fuels and are legitimately burned for energy recovery, used to produce fuel or are otherwise contained in fuels are not regulated as waste.

Through guidance and in the Federal Register Notice (50 FR 14219; April 11, 1985) Environmental Protection Agency (EPA) has expanded the exclusion from regulation of commercial chemical product to include chemicals that exhibit the characteristics of a hazardous waste. See the discussion in Section 2.2 of the RCRA Training Module, Definition of Solid and Hazardous Waste Recycling [exit DNR] for additional explanation. In this case, Wisconsin DNR follows EPA guidance.

Generally, fuel burned for legitimate energy recovery should have a heat value of at least 5,000 BTU per pound. Burning a material with a heat value lower than 5,000 BTU per pound or burning a material without energy recovery may be considered hazardous waste disposal rather than legitimate energy recovery.

Note: Other non-fuel materials that are recycled specifically to produce a fuel or burned for energy recovery could be considered a hazardous waste and would not be eligible for the exclusion. Additionally, mixtures of fuel and non-fuel materials may not be eligible for this exclusion. The rules that apply to these scenarios are set out in s. NR 661.02(3)2, Wis. Adm. Code.