1361ss11

SUPPORTING STATEMENT FOR
EPA INFORMATION COLLECTION REQUEST # 1361.11
"REPORTING AND RECORDKEEPING REQUIREMENTS FOR
THE EXPANDED RCRA COMPARABLE FUEL EXCLUSION RULE”

May 2007

TABLE OF CONTENTS
1.IDENTIFICATION OF THE INFORMATION COLLECTION ..................................................................................... 3
1(A) TITLE OF THE INFORMATION COLLECTION ............................................................................................................ 3
1(B) SHORT CHARACTERIZATION/ABSTRACT ................................................................................................................ 3
2.NEED FOR AND USE OF THE COLLECTION3
2(A) NEED/AUTHORITY FOR THE COLLECTION................................................................................................................ 4
2(B) PRACTICAL UTILITY/USERS OF THE DATA ............................................................................................................... 4
3.NONDUPLICATION, CONSULTATIONS, AND OTHER COLLECTION CRITERIA.............................................. 4
3(A) NONDUPLICATION.......................................................................................................................................................... 4
3(B) PUBLIC NOTICE ............................................................................................................................................................... 4
3(C) CONSULTATIONS............................................................................................................................................................. 4
3(D) EFFECTS OF LESS FREQUENT COLLECTION…………………………………………………………………………………..5
3(E) GENERAL GUIDELINES................................................................................................................................................... 5
3(F) CONFIDENTIALITY .......................................................................................................................................................... 5
3(G) SENSITIVE QUESTIONS .................................................................................................................................................. 5
4.THE RESPONDENTS AND THE INFORMATION REQUESTED ................................................................................ 5
4(A) RESPONDENTS SIC/NAICS CODES............................................................................................................................... 5
4(B) INFORMATION REQUESTED.......................................................................................................................................... 6
5.INFORMATION COLLECTED -- AGENCY ACTIVITIES, COLLECTION METHODOLOGY, AND INFORMATION
MANAGEMENT ................................................................................................................................................................... 25
5(A) AGENCY ACTIVITIES ................................................................................................................................................... 25
5(B) COLLECTION METHODOLOGY AND MANAGEMENT ........................................................................................... 25
5(C) SMALL ENTITY FLEXIBILITY ..................................................................................................................................... 25
5(D) COLLECTION SCHEDULE ............................................................................................................................................ 25
6.ESTIMATING THE BURDEN AND COST OF THE COLLECTION.......................................................................... 26
6(A) ESTIMATING RESPONDENT BURDEN ...................................................................................................................... 26
6(B) ESTIMATING RESPONDENT COSTS........................................................................................................................... 26
6(C) ESTIMATING AGENCY BURDEN AND COST............................................................................................................ 27
6(D) ESTIMATING THE RESPONDENT UNIVERSE AND TOTAL BURDEN AND COSTS............................................. 28
6(E) BOTTOM LINE BURDEN HOURS AND COST TABLES ............................................................................................. 32
6(F) REASONS FOR CHANGE IN BURDEN......................................................................................................................... 32
6(G) BURDEN STATEMENT.................................................................................................................................................. 33

1.

IDENTIFICATION OF THE INFORMATION COLLECTION

1(a) TITLE OF THE INFORMATION COLLECTION
This ICR is entitled “Reporting and Recordkeeping Requirements for the
Expanded RCRA Comparable Fuel Exclusion Rule," EPA ICR # 1361.11.

1(b) SHORT CHARACTERIZATION/ABSTRACT
The comparable fuels exclusion was promulgated by EPA on June 19, 1998, and
is codified in 40 CFR 261.38 (See 63 FR 33782). The rule excludes certain waste fuels
from the definition of solid wastes if they have levels of toxic constituents and physical
properties similar to commercial (benchmark) fuels, in particular gasoline and fuel oils.
Comparable fuels must meet certain specifications for physical properties and
constituents.
EPA is proposing to expand the conditional exclusion from RCRA under 40 CFR
261.38 for fuels that are produced from a hazardous waste but which generate
emissions when burned in an industrial boiler that are comparable to emissions from
burning fuel oil. Such excluded fuel would be called emission-comparable fuel (ECF).
ECF would be subject to the same specifications as of Table 1 of §261.38 that currently
apply to comparable fuels, except that the specifications for certain hydrocarbons and
oxygenates would be waived. The ECF exclusion would be conditioned on several
requirements including: (1) design and operating conditions for the ECF boiler that
burns this ECF to ensure burning under the good combustion conditions typical to
regulated under the MACT rule ; and (2) ECF is stored in storage in tanks tailored for
the hazards that ECF may pose.
The design and operating conditions as detailed in the proposed regulation at 40
CFR 261.38(c)(2) include, a) ECF to be combusted in watertube boiler that is not a
stoker, b) boiler must fire at least 50% fossil fuel, c) as-fired heating value of ECF and
fossil fuel must exceed 8000 Btu/lb, d) carbon monoxide emissions must be monitored
by a continuous emissions monitoring system and e) boiler load must exceed 40%.
ECF storage conditions would include: (1) spill prevention, control and
countermeasure (SPCC) requirements of §§112.7, 112.8, 112.20, and 112.21, except
for secondary containment; (2) engineered secondary containment and leak detection to
be provided by a liner, vault, or double-walled tank; and (3) applying the air emission
controls for organic liquids distribution under subpart EEEE, Part 63, to RCRA
oxygenates that are not CAA hazardous air pollutants.
This ICR estimates the reporting and recordkeeping burden of the proposed rule
for the expanded comparable fuel exclusion. Since the rule is deregulatory, there is a
small positive burden that is offset due to a much larger overall burden reduction, as
explained in paragraph 3(d) below. This negative burden will be effective when the rule
is finalized and promulgated in 2008. At that time, the ICR 2050-0073 will be modified
and new burden hours incorporated in the ICRAS system.

3

2. NEED FOR AND USE OF THE COLLECTION
2(a) NEED/AUTHORITY FOR THE COLLECTION
The information collection requirements of this ICR are required under the
Paperwork Reduction Act, 44U.S.C. 3501 et seq. The information collected will help
generators and burners of ECF as well as EPA to ensure that the conditions for the
exclusion are being met.
The emissions comparable fuels exclusion will be conditioned on requirements
including design and operating conditions for the ECF boiler to ensure that ECF is
burned under the good combustion conditions typical for oil-fired industrial boilers, and
conditions for storage in tanks that are tailored for the hazards that ECF may pose.

2(b) PRACTICAL UTILITY/USERS OF THE DATA
Generators will use the analytical data collected to ascertain if their waste
qualifies as ECF while maintenance of inspection records will ensure that required
repairs are conducted promptly. Burners will use their operating record to verify if they
are in compliance with all the conditions of the exclusion and if exceedance reporting is
required. Under this proposal, the respondents are not required to conduct any
statistical surveys for the purpose of complying with the conditions of the exclusion.

2.

NONDUPLICATION, CONSULTATIONS, AND OTHER
COLLECTION CRITERIA

3(a) NONDUPLICATION
The information collections covered in this ICR are not available from sources
other than the respondents. EPA's Office of Solid Waste is the only office within the
Agency collecting this information, and no other Federal agency or department collects
this information. In addition, the Office of Solid Waste has systematically organized its
ICR structure to eliminate gaps or duplication.

3(b) PUBLIC NOTICE
In compliance with the Paperwork Reduction Act of 1995, EPA issued a public
notice in the Federal Register as a part of the proposed rule detailing the burden hours
and costs associated with this proposed rule, and requested comments thereon.

3(c) CONSULTATIONS
EPA has made efforts to consult with the regulated community, stakeholders, the
public, State and industry officials, and appropriate Federal agencies in the
development of this rule. EPA also convened an informal public meeting of stakeholders
to discuss the potential revisions of this rule, and obtain their comments. Details of this
meeting and the comments received are in the Docket # EPA-HQ-RCRA-2005-0017.

4

3.d) EFFECTS OF LESS FREQUENT COLLECTION
This rule does not increase the paperwork burden on the facilities. It relaxes
some of the existing burden, as some wastes currently designated as hazardous waste
will exit the hazardous waste universe and will be spared from more extensive reporting
and recordkeeping requirements under RCRA. EPA has carefully considered the
burden imposed upon the regulated community for the newly excluded comparable fuel,
and believes that the activities required of respondents have been minimized to the
extent possible. EPA believes strongly that if these minimum requirements specified
under the regulations are not met, EPA will be unable to fulfill its Congressional
mandate to protect public health and the environment.

3(e) GENERAL GUIDELINES
This ICR adheres to the guidelines stated in the 1995 Paperwork Reduction Act
as amended, OMB's implementing regulations, OMB's Information Collection Request
Handbook (EPA, February 1999), and other applicable OMB guidance. As noted
earlier, the net result of this rule is a reduction of burden on the private sector.
Additionally, EPA has taken the following actions to minimize the burden:
(i)
(ii)
(iii)
(iv)

3(f)

The records required under this proposed rule are to be maintained only for a 3 year period.
The reporting, where so specified, can also be done electronically using e-mail.
EPA believes that very few small businesses and small entities will be affected by this proposal.
EPA will consider any suggested methods to further minimize the burden on the entities.

CONFIDENTIALITY

EPA proposes to collect information only to the extent necessary for the
implementation of the promulgated rule and does not intend to collect any information
related to trade secrets of the stake-holders. Section 3007(b) of RCRA and 40 CFR
Part 2, Subpart B define EPA’s general policy on the public disclosure of information,
and contain provisions for confidentiality of business information. EPA protects from
public disclosure all Confidential Business Information (CBI) obtained under RCRA, and
has provided businesses with procedures to claim confidentiality for such CBI. EPA
makes extra efforts to protect the confidentiality of this CBI.

3(g) SENSITIVE QUESTIONS
No questions of a sensitive nature are included in any of the information
collection requirements. This ICR complies with the Privacy Act of 1974 and OMB
Circular A-130.

3.

THE RESPONDENTS AND THE INFORMATION REQUESTED
4(a) RESPONDENTS SIC/NAICS CODES

The following is a list of Standard Industrial Classification (SIC) codes and
corresponding North American Industrial Classification System (NAICS) codes

5

associated with facilities most likely affected by the information requirements covered in
this ICR.
Category

NAICS code

SIC code

Examples of potentially regulated entities

Any
industry
that
generates or
combusts
hazardous
waste as
defined in
the
proposed
rule

562

49

Waste Management and Remediation Services

327
325
324
331
333
326
488, 561
421
422

32
28
29
33
38
306
49
50
51

512, 541, 812
512, 514, 541, 711
924

73
89
95

336

37

Non-metallic Mineral Products Manufacturing
Chemical Manufacturing
Petroleum and Coal Products Manufacturing
Primary Metals Manufacturing
Machinery Manufacturing
Plastic and Rubber Products Manufacturing
Administration and Support Services
Scrap and waste materials
Wholesale Trade, Non-durable Goods, N.E.C
Business Services, N.E.C.
Services, N.E.C.
Air, Water and Solid Waste Management
Transportation Equipment Manufacturing
National Security
Computer and Electronic Products

928
334
339

97
35
38

Air, water and solid waste management
Manufacturing
Miscellaneous Manufacturing

4(b) INFORMATION REQUESTED
Requirements for Generators and Burners
Under section 3006 of RCRA, EPA has authorized several qualified States to
administer the hazardous waste program in lieu of the federal program. We estimate
that 1/3rd of the responses under this ICR, designated below as Agency tasks, will be to
the State authorities while 2/3rd will be to federal (i.e. regional EPA) authorities.
Reading the Regulations
Data Items
There are no data items associated with reading the regulations. However, all
respondents must first read the regulations in order to comply with the requirements of
the comparable fuel exclusion rule.
Respondent Activities
Read the regulations
Notices
Data Items
Under proposed §261.38 b(2)(i) the generator must submit a one-time notice to
the Regional or State RCRA and CAA Directors, in whose jurisdiction the exclusion is

6

being claimed and where the excluded fuel will be burned, certifying compliance with
the conditions of the exclusion and providing the following documentation:
(A) The name, address, and RCRA ID number of the person/facility claiming the
exclusion;
(B) The applicable EPA Hazardous Waste Codes for the hazardous waste;
(C) The name and address of the units meeting the requirements of paragraphs (b)(3) and (c) of
this section, that will burn the excluded fuel;
(D) An estimate of the average and maximum monthly and annual quantity of waste for which an
exclusion would be claimed; and
(E) The following statement, which shall be signed and submitted by the person claiming the
exclusion or his authorized representative:

“Under penalty of criminal and civil prosecution for making or submitting false
statements, representations, or omissions, I certify that the requirements of 40 CFR
261.38 have been met for all emission-comparable fuel/comparable fuel (specify which)
identified in this notification. Copies of the records and information required at 40 CFR
261.38 are available at the l generator's facility. Based on my inquiry of the individuals
immediately responsible for obtaining the information, the information is, to the best of
my knowledge and belief, true, accurate, and complete. I am aware that there are
significant penalties for submitting false information, including the possibility of fine and
imprisonment for knowing violations.”
Additionally, under proposed §261.38 b(2)(i) prior to burning an excluded fuel,
the burner must publish in a major newspaper of general circulation local to the site
where the fuel will be burned, a notice entitled “Notification of Burning a Fuel Excluded
Under the Resource Conservation and Recovery Act” and containing the following
information:
(A) Name, address, and RCRA ID number of the generating facility(ies);
(B) Name of the unit(s) that will burn the excluded fuel;
(C) A brief, general description of the manufacturing, treatment, or other process
generating the excluded fuel;
(D) An estimate of the average and maximum monthly and annual quantity of the
excluded waste to be burned; and
(E) Name and mailing address of the Regional or State Directors to whom the generator
submitted a claim for exclusion.

Respondent Tasks
ƒ Generators-Prepare and submit one-time notice to Regional/State RCRA or CAA
director certifying compliance with the conditions of the exclusion
ƒ Burners - Prepare and publish in a major newspaper, a notification of burning a
fuel excluded under RCRA.
Agency Tasks
Review notice by generator certifying compliance with the exclusion
Waste analysis plan for generators
Data Items
As per proposed §261.38 (b)(4) the generator of an excluded fuel shall develop
and follow a written waste analysis plan which describes the procedures for sampling
and analysis of the hazardous waste to be excluded. The plan shall be followed and

7

retained at the facility excluding the waste.
(i) At a minimum, the plan must specify:
(A) The parameters for which each hazardous waste will be analyzed and the
rationale for the selection of those parameters;
(B) The test methods which will be used to test for these parameters;
(C) The sampling method which will be used to obtain a representative sample of
the waste to be analyzed;
(D) The frequency with which the initial analysis of the waste will be reviewed or
repeated to ensure that the analysis is accurate and up to date; and
(E) If process knowledge is used in the waste determination, any information
prepared by the generator in making such determination.

Respondent Tasks
ƒ Generators must develop and follow a waste analysis plan for their ECF streams
specifying parameters to be analyzed, test methods to be used, description of
sampling method, and frequency of analysis. However, EPA estimates that the
burden of this collection is offset by the waste analysis plans that would have
been required had the ECF been handled as a hazardous waste.
Agency Tasks
None
Analysis plans for burners of ECF
Data Items
Under proposed §261.38(b)(5) an emission-comparable fuel burner is subject to
the waste analysis plan requirements mentioned in the section above to determine the
heating value of the fuel and the benzene and acrolein concentration of the fuel if:
(i) The burner has not received information from the generator for each shipment
documenting the heating value of the fuel and the concentration of benzene and
acrolein;
(ii) The burner blends or otherwise treats emission-comparable fuel to achieve
the 8,000 Btu/lb, as-fired criterion
(iii) The burner blends or otherwise treats emission-comparable fuel to achieve a
concentration of benzene or acrolein of two percent or less, as-fired, to avoid the
emission-comparable fuel firing rate restrictions for waste containing more than 2% of
benzene or acrolein.
Respondent Tasks
Burners that do not receive information on benzene or acrolein concentration in
the excluded fuel or the heating value of the excluded fuel from the generator, or
burners that blend waste to meet the specifications must analyze their waste for these
parameters.
Agency Tasks
None
Excluded fuel sampling and analysis

8

Data Items
Under proposed §261.38(b)(4)(ii) for each analysis of ECF, the generator shall
document the following:
(A) The dates and times that samples were obtained, and the dates the samples
were analyzed;
(B) The names and qualifications of the person(s) who obtained the samples;
(C) A description of the temporal and spatial locations of the samples;
(D) The name and address of the laboratory facility at which analyses of the
samples were performed;
(E) A description of the analytical methods used, including any clean-up and
sample preparation methods;
(F) All quantitation limits achieved and all other quality control results for the
analysis (including method blanks, duplicate analyses, matrix spikes, etc.),
laboratory quality assurance data, and the description of any deviations from
analytical methods written in the plan or from any other activity written in the plan
which occurred;
(G) All laboratory results demonstrating whether the exclusion specifications
have been met for the waste; and
(H) All laboratory documentation that support the analytical results, unless a
contract between the claimant and the laboratory provides for the documentation
to be maintained by the laboratory for the period specified in paragraph (b)(7) of
this section and also provides for the availability of the documentation to the
claimant upon request.
Under proposed § 261.38(b)(6), for each waste for which an exclusion is claimed,
the generator of the hazardous waste must test for all the constituents in appendix VIII
of Part 261, except those that the generator determines, based on testing or knowledge,
should not be present in the waste, and except for the compounds listed in paragraph §
261.38 (a)(2)(ii)(B). The generator is required to document the basis of each
determination that a constituent with an applicable specification should not be present.
The generator may not use process knowledge to determine that any of the following
categories of constituents with an applicable specification should not be present:
(A) A constituent that triggered the toxicity characteristic for the waste
constituents that were the basis of the listing of the waste stream, or constituents for
which there is a treatment standard for the waste code in 40 CFR 268.40;
(B) A constituent detected in previous analysis of the waste
(C) Constituents introduced into the process that generates the waste; or
(D) Constituents that are byproducts or side reactions to the process that
generates the waste
For each waste for which the exclusion is claimed where the generator of the
excluded fuel is not the original generator of the hazardous waste, the generator of the
excluded fuel may not use process knowledge and must test to determine that all of the
constituent specifications have been met.
The excluded fuel generator may use any reliable analytical method to

9

demonstrate that no constituent of concern is present at concentrations above the
specification levels. For the waste to be eligible for exclusion, a generator must
demonstrate that:
(A) The 95% upper confidence limit of the mean concentration for each
constituent of concern is not above the specification level; and
(B) The analyses could have detected the presence of the constituent at or below
the specification level.
The generator must conduct sampling and analysis in accordance with the waste
analysis plan developed under proposed 261.38(b)(4).
Excluded fuel that has not been blended to meet the kinematic viscosity
specification shall be analyzed as generated.
If excluded fuel is blended to meet the kinematic viscosity specification, the
generator shall:
(A) Analyze the waste as generated to ensure that it meets the constituent and
heating value specifications, except that emission comparable fuel need not meet the
8,000 Btu/lb, as-fired, heating value criterion of paragraph (a)(2)(i)(A); and
(B) After blending, analyze the fuel again to ensure that the blended fuel
continues to meet all excluded fuel specifications.
Excluded fuel must be re-tested, at a minimum, annually and also after a process
change that could change the chemical or physical properties of the waste.
If an emission-comparable fuel burner has not received information from the
generator for each shipment documenting the heating value of the fuel and the
concentration of benzene and acrolein, the burner must sample and analyze the fuel to
determine the heating value and the concentration of benzene and acrolein.
If a burner blends or treats emission-comparable fuel to achieve an as-fired
heating value of 8,000 Btu/lb or greater or an as-fired concentration of benzene or
acrolein of two percent or lower, the burner shall determine the heating value, benzene
concentration, or acrolein concentration, as relevant, by analysis or information from the
generator prior to blending and must analyze the fuel after blending or treatment to
determine the heating value, benzene concentration, or acrolein concentration, as
relevant.
Respondent Tasks
ƒ Analyze waste for hazardous constituents according to waste analysis plan and
determine if constituents are levels are within specifications.
ƒ Original generators of excluded fuel may use process knowledge to verify that
certain constituents are not present in the fuel.
ƒ Generators blending to meet viscosity specification must re-analyze waste after
blending.
ƒ Burners that blend fuel to meet heating value limit or benzene/acrolein
concentration must re-analyze the waste after blending
Agency Tasks
None

10

Recordkeeping
Data Items
Under proposed § 261.38(b)(8) &(9), the generator must maintain-for three
years- records of the following information on-site:
(i) All information required to be submitted to the implementing authority as part
of the notification of the claim:
(A) The owner/operator name, address, and RCRA facility ID number of the
person claiming the exclusion;
(B) The applicable EPA Hazardous Waste Codes for each hazardous waste
excluded as a fuel; and
(C) The certification signed by the person claiming the exclusion or his
authorized representative.
(ii) A brief description of the process that generated the hazardous waste and
process that generated the excluded fuel, if not the same;
(iii) The monthly and annual quantities of each waste claimed to be excluded;
(iv) Documentation for any claim that a constituent is not present in the
hazardous waste as required under paragraph (b)(6) of this section;
(v) The results of all analyses and all detection limits achieved as required under
paragraph (b)(4) of this section;
(vi) If the excluded waste was generated through treatment or blending,
documentation as required under proposed paragraph §261.38 (a)(4) or (5);
(vii) If the waste is to be shipped off-site, a certification from the burner as
required under proposed paragraph 261.38(b)(10);
(viii) The waste analysis plan and documentation of all sampling and analysis
results as required by paragraph 261.38(b)(4) of this section; and
(ix) If the generator ships excluded fuel off-site for burning, the generator must
retain for each shipment the following information on-site:
(A) The name and address of the facility receiving the excluded fuel for burning;
(B) The quantity of excluded fuel shipped and delivered;
(C) The date of shipment or delivery;
(D) A cross-reference to the record of excluded fuel analysis or other information
used to make the determination that the excluded fuel meets the
specifications as required under paragraph (b)(4) of this section; and
(E) A one-time certification by the burner as required under paragraph (b)(10) of
this section.
Respondent Tasks
All ECF Generators must maintain records of,
1. Information to be submitted to the implementing authority (facility info,
EPA hazardous waste codes, certification)
2. Description of process.
3. Excluded quantities
4. Documentation for process knowledge based certification
5. Analytical results and waste analysis plan
6. Documentation required for treated/blended ECF
Generators who ship the waste off-site for burning must maintain records of

11

-

For each shipment: Date of shipment, quantity of ECF shipped, info on
receiving facility
One time certification by burner

Agency Tasks
None
Burner Certification
Data Items
Under proposed § 261.38 (b) (10), prior to submitting a notification to the State
and Regional Directors, a generator of emission-comparable fuel who intends to ship
the excluded fuel off-site for burning must obtain a one-time written, signed statement
from the burner:
(A) Certifying that the excluded fuel will be stored under the conditions of
paragraph §261.38(c)(1) and burned in a boiler under the conditions of paragraph
§261.38(c)(2), and that the burner will comply with the notification, reporting, and
recordkeeping conditions of paragraph §261.38 (c)(4;
(B) Identifying the name and address of the facility that will burn the excluded
fuel; and
(C) Certifying that the state in which the burner is located is authorized to exclude
wastes as excluded fuel under the provisions of this section.
Respondent Tasks
ECF generators who ship the excluded fuel offsite must obtain from the burners a
certification that the fuel will be stored under conditions of §261.38(c)(1) will be burned
under conditions of proposed §261.38(c)(2)
Agency Tasks
None
Special Conditions for Emission-Comparable Fuel
Storage – Above ground tank systems
SPCC requirements
Data Items
Under §261.38 (c)(ii)(A) Emission-comparable fuel tank systems are subject to
the following requirements under 40 CFR Part 112 as though emission-comparable fuel
meets the definition of oil under §112.2
(1) Section 112.7, General Requirements for Spill Prevention, Control, and
Countermeasure Plans, except for paragraph (c) (secondary containment) and
paragraph (d) (waiver of secondary containment);
(2) Section 112.8, Spill Prevention, Control, and Countermeasure Plan
Requirements for Onshore Facilities, except for paragraph (b) (facility drainage),
paragraph (c)(2) (secondary containment for bulk storage containers), and paragraph
(c)(11) (secondary containment for mobile containers);
(3) Section 112.20, Facility Response Plans; and

12

(4) Section 112.21, Facility Response Training and Drills/Exercises.
Respondent Tasks
ƒ Renew existing SPCC plans as needed to incorporate storage of ECF and have
plan certified by a professional engineer.
ƒ Generators -replace storage tanks as needed. However, this is not an additional
burden since generators would incur this cost if the ECF had continued to have
been handled as a hazardous waste.
ƒ Burners- Install new storage tanks for ECF.
Agency Tasks
None
Secondary Containment
Data Items
In order to prevent the release of emission comparable fuel or hazardous constituents to
the environment, secondary containment that meets the requirements of this paragraph
must be provided under proposed §261.38(c)(1)(B)
(1) Secondary containment systems must be:
(i) Designed, installed, and operated to prevent any migration of emissioncomparable fuel or accumulated liquid out of the system to the soil, ground water, or
surface water at any time during the use of the tank system; and
(ii) Capable of detecting and collecting releases and accumulated liquids until the
collected emission-comparable fuel is removed.
(2) To meet the requirements of 40 CFR 261.38 (c)(1)(ii)(B)(1), secondary
containment systems must, at a minimum, be:
(i) Constructed of or lined with materials that are compatible with the emissioncomparable fuel to be placed in the tank system and must have sufficient strength and
thickness to prevent failure due to pressure gradients (including static head and external
hydrological forces), physical contact with the materials to which they are exposed,
climatic conditions, the stress of installation, and the stress of daily operation (including
stresses from nearby vehicular traffic);
(ii) Placed on a foundation or base capable of providing support to the secondary
containment system and resistance to pressure gradients above and below the system
and capable of preventing failure due to settlement, compression, or uplift;
(iii) Provided with a leak detection system that is designed and operated so that it
will detect the failure of either the primary and secondary containment structure or any
release of emission-comparable fuel or accumulated liquid in the secondary
containment system within 24 hours, or at the earliest practicable time if the existing
detection technology or site conditions will not allow detection of a release within 24
hours; and
(iv) Sloped or otherwise designed or operated to drain and remove liquids
resulting from leaks, spills, or precipitation. Spilled or leaked emission-comparable fuel
and accumulated precipitation must be removed from the secondary containment
system within 24 hours, or in as timely a manner as is possible to prevent harm to

13

human health or the environment, if removal of the released waste or accumulated
precipitation cannot be accomplished within 24 hours.
(3) Secondary containment for tanks must include one or more of the following
devices:
(i) A liner (external to the tank) that is:
(A) Designed to contain 100 percent of the capacity of the largest tank within its
boundary; and
(B) Designed and installed to completely surround the tank and to cover all
surrounding earth likely to come into contact with emission-comparable fuel if released
from the tank(s) (i.e., capable of preventing lateral as well as vertical migration of
emission-comparable fuel);
(ii) A vault that is:
(A) Designed to contain 100 percent of the capacity of the largest tank within its
boundary; and
(B) Provided with an impermeable interior coating or lining that is compatible with
the stored emission-comparable fuel and that will prevent migration of emissioncomparable fuel into the concrete;
(iii) A double-walled tank that is:
(A) Designed as an integral structure (i.e., an inner tank within an outer shell) so
that any release from the inner tank is contained by the outer shell; and
(B) Provided with a built-in, continuous leak detection system capable of
detecting a release within 24 hours or at the earliest practicable time, if the owner or
operator can document in the record that the existing leak detection technology or site
conditions will not allow detection of a release within 24 hours; or
(iv) An equivalent device as approved by the Regional Administrator.
(4) Ancillary equipment such as pumps, valves, and piping must be provided with
full secondary containment (e.g., trench, jacketing, double-walled piping) that meets the
requirements of paragraphs (c)(1)(ii)(B)(3) of this section except for:
(i) Aboveground piping (exclusive of flanges, joints, valves, and connections) that
are visually inspected for leaks on a daily basis;
(ii) Welded flanges, welded joints, and welded connections that are visually
inspected for leaks on a daily basis;
(iii) Sealless or magnetic coupling pumps and sealless valves, that are visually
inspected for leaks on a daily basis; and
(iv) Pressurized aboveground piping systems with automatic shut-off devices
(e.g., excess flow check valves, flow metering shutdown devices, loss of pressure
actuated shut-off devices) that are visually inspected for leaks on a daily basis.
Respondent Tasks
ƒ Generators and burners provide, for all ECF tanks, engineered secondary
containment (liner (external to the tank), a vault, a double walled tank, or
equivalent) that is:
1. Designed, installed and operated to prevent any migration of ECF
2. Capable of detecting and collecting releases.
ƒ

Ensure that ancillary equipment that are not visually inspected daily have full
secondary containment.

14

Note the above is not an added burden for generators because the requirements
are equivalent to those required for hazardous waste generator tanks under 40
CFR 265, subpart J.
Agency Tasks
None
Cessation and Containment of Leaks, Reporting
Data Items
Under §264.196 a tank system or secondary containment system from which there has
been a leak or spill, or which is unfit for use, must be removed from service
immediately, and the owner or operator must satisfy the following requirements:
(a) Cessation of use; prevent flow or addition of wastes. The owner or operator must
immediately stop the flow of hazardous waste into the tank system or secondary
containment system and inspect the system to determine the cause of the release.
(b) Removal of waste from tank system or secondary containment system. (1) If the
release was from the tank system, the owner/operator must, within 24 hours after
detection of the leak or, if the owner/operator demonstrates that it is not possible, at the
earliest practicable time, remove as much of the waste as is necessary to prevent
further release of hazardous waste to the environment and to allow inspection and
repair of the tank system to be performed.
(2) If the material released was to a secondary containment system, all released
materials must be removed within 24 hours or in as timely a manner as is possible to
prevent harm to human health and the environment.
(c) Containment of visible releases to the environment. The owner/operator must
immediately conduct a visual inspection of the release and, based upon that inspection:
(1) Prevent further migration of the leak or spill to soils or surface water; and
(2) Remove, and properly dispose of, any visible contamination of the soil or surface
water.
(d) Notifications, reports. (1) Any release to the environment, except as provided in
paragraph (d)(2) of this section, must be reported to the Regional Administrator within
24 hours of its detection. If the release has been reported pursuant to 40 CFR part 302,
that report will satisfy this requirement.
(2) A leak or spill of hazardous waste is exempted from the requirements of this
paragraph if it is:
(i) Less than or equal to a quantity of one (1) pound, and

15

(ii) Immediately contained and cleaned up.
(3) Within 30 days of detection of a release to the environment, a report containing the
following information must be submitted to the Regional Administrator:
(i) Likely route of migration of the release;
(ii) Characteristics of the surrounding soil (soil composition, geology, hydrogeology,
climate);
(iii) Results of any monitoring or sampling conducted in connection with the release (if
available). If sampling or monitoring data relating to the release are not available within
30 days, these data must be submitted to the Regional Administrator as soon as they
become available.
(iv) Proximity to downgradient drinking water, surface water, and populated areas; and
(v) Description of response actions taken or planned.
Respondent Tasks
Clean up leaks from tanks, valves, piping and other equipment containing ECF.
Unless amount of material released is less than 1 lb, and leak is immediately contained
and cleaned up:
a)
Notify RA of leak within 24 hours
b)
Provide written report within 30 days
Note this is a new requirement for burners of ECF, but the requirement is identical to
what’s required for generators of hazardous waste under §264.196
Agency Tasks
Review the report of leaks from generators or burners and ensure proper procedures
were followed.
Testing and Maintenance of Equipment
Data Items
Under 40 CFR 261.38 (c )(v)(A)(2) the testing and maintenance is necessary to assure
proper operation in times of emergency all communications or alarm systems, fire
protection equipment, spill control equipment, and decontamination equipment required
for the emission-comparable fuel tank systems.
Respondent Tasks
Test and maintain equipment
Agency Tasks
None
Emergency Procedures

16

Data Items
Under 40 CFR 261.38 (c)(v)(B), generators and burners of must follow emergency
procedures:
(i) Whenever there is an imminent or actual emergency situation relating the
emission-comparable fuel tank system, the emergency coordinator (or his designee
when the emergency coordinator is on call) must immediately activate internal facility
alarms or communication systems, where applicable, to notify all facility personnel and
notify appropriate State or local agencies with designated response roles if their help is
needed.
(ii) Whenever there is a release, fire, or explosion relating to the emissioncomparable fuel tank system, the emergency coordinator must immediately identify the
character, exact source, amount, and areal extent of any released materials. He may
do this by observation or review of facility records, and, if necessary, by chemical
analysis.
(iii) Concurrently, the emergency coordinator must assess possible hazards to
human health or the environment that may result from the release, fire, or explosion.
This assessment must consider both direct and indirect effects of the release, fire, or
explosion (e.g., the effects of any toxic, irritating, or asphyxiating gases that are
generated, or the effects of any hazardous surface water run-off from water or chemical
agents used to control fire and heat-induced explosions).
(iv) If the emergency coordinator determines that the facility has had a release,
fire, or explosion associated with the emission-comparable fuel tank system which could
threaten human health, or the environment outside the facility, he must report his
findings as provided by paragraph 261.38 (c)(1)(v)(B)(2)(v).
(v) If the emergency coordinator’s assessment indicates that evacuation of local
areas may be advisable, he must immediately notify appropriate local authorities. He
must be available to help appropriate officials decide whether local areas should be
evacuated, and he must immediately notify either the government official designated as
the on-scene coordinator for that geographical area, (in the applicable regional
contingency plan under part 1510 of this title) or the National Response Center (using
their 24-hour toll free number 800/424–8802). The report must include: the name and
telephone number of reporter; the name and address of facility; the time and type of
incident (e.g., release, fire); the name and quantity of material(s) involved, to the extent
known; the extent of injuries, if any; and the possible hazards to human health, or the
environment, outside the facility.
(vi) During an emergency, the emergency coordinator must take all reasonable
measures necessary to ensure that fires, explosions, and releases do not occur, recur,
or spread to other materials at the facility. These measures must include, where
applicable, stopping processes and operations and collecting and containing released
emission-comparable fuel.
(vii) If the emission-comparable fuel tank system stops operations in response to
a fire, explosion, or release, the emergency coordinator must monitor for leaks,
pressure buildup, gas generation, or ruptures in valves, pipes, or other equipment,
wherever this is appropriate.
(viii) Immediately after an emergency, the emergency coordinator must provide
for treating, storing, or disposing of recovered emission-comparable fuel, contaminated
soil or surface water, or any other material that results from a release, fire, or explosion

17

at the facility.
[Note: Emission-comparable fuel that is released from the tank system must generally
be managed as hazardous waste. See §261.38(b)(15).]
(ix) The emergency coordinator must ensure that, in the affected area(s) of the
facility: materials that may be incompatible with the released emission-comparable fuel
is treated, stored, or disposed of until cleanup procedures are completed; and all
emergency equipment listed in the SPCC plan is cleaned and fit for its intended use
before operations are resumed.
(x) Note in the record the time, date, and details of any incident that requires
implementing the SPCC plan for the emission-comparable fuel tank system. Within 15
days after the incident, submit a written report on the incident to the Regional
Administrator. The report must include: the name, address, and telephone number of
the owner or operator; the name, address, and telephone number of the facility; the
date, time, and type of incident (e.g., fire, explosion); the name and quantity of
material(s) involved; the extent of injuries, if any; an assessment of actual or potential
hazards to human health or the environment, where this is applicable; and the
estimated quantity and disposition of recovered material that resulted from the incident.

Respondent Tasks
Ensure that there always is an emergency coordinator onsite or on-call that is familiar
with all aspects of the facility’s Emergency Procedures
In the event of an actual or imminent emergency, take immediate action that protects
human health and the environment
Prepare and submit incident report to RA.
Agency Tasks
Review incident reports

Testing and Maintenance of Equipment
Data Items
Under 40 CFR 261.38 (c )(v)(A)(2) testing and maintenance is necessary to assure
proper operation in times of emergency all communications or alarm systems, fire
protection equipment, spill control equipment, and decontamination equipment required
for emission-comparable fuel tank systems.
Respondent Tasks
Test and maintain the communication/fire protection/spill control and decontamination
equipment.
Agency Tasks

18

None
Air emissions
Data Items
Under §261.38(c)(1)(C) emission-comparable fuel storage tank systems are subject to
the applicable air emission controls for Organic Liquids Distribution under subpart
EEEE, Part 63, of this chapter, except that the following compounds must be
considered in addition to the organic hazardous air pollutants in Table 1 to subpart
EEEE when considering the applicability of that subpart and the organic compounds
that must be controlled:
(1) Allyl alcohol (CAS No. 107-18-6)
(2) Bis(2-ethylhexyl)phthalate [Di-2-e thylhexyl phthalate] (CAS No.117-81-7)
(3) Butyl benzyl phthalate (CAS No. 85-68-7)
(4) Diethyl phthalate (CAS No. 84-66-2)
(5) 2,4-Dimethylphenol (CAS No. 105-67-9)
(6) Dimethyl phthalate (CAS No. 131-11-3)
(7) Di-n-octyl phthalate (CAS No. 117-84-0)
(8) Endothall (CAS No. 145-73-3)
(9) Ethyl methacrylate (CAS No. 97-63-2)
(10) 2-Ethoxyethanol [Ethylene glycol monoethyl ether] (CAS No. 110-80-5)
(11) Isobutyl alcohol (CAS No. 78-83-1)
(12) Isosafrole (CAS No. 120-58-1)
(13) Methyl ethyl ketone [2-Butanone] (CAS No. 78-93-3)
(14) 1,4-Naphthoquinone (CAS No. 130-15-4)
(15) Propargyl alcohol [2-Propyn-1-ol] (CAS No. 107-19-7)
(16) Safrole (CAS No. 94-59-7);
Respondent Tasks
According to 40 CFR part 63 Subpart EEEE, generators and burners must ensure that
certain ECF storage tanks would be equipped with level 2 storage controls based on
their size and vapor pressure. However, generators face similar requirements for
hazardous waste storage tanks and thus will not see a change in burden due to this
item.
Agency Tasks
None
Underground storage tank systems.
Data Items
Underground storage tank systems are subject to the requirements under 40 CFR Part
280.
Respondent Tasks
Facilities storing ECF in underground tanks must comply with requirement of 40 CFR

19

280
Agency Tasks
None
Management of incompatible waste fuels and other materials
Data Items
(A) The generator must document in the waste analysis plan under paragraph
261.38(b)(4) how precautions will be taken to prevent mixing of waste fuels and other
materials which could result in reactions which:
(1) Generate extreme heat or pressure, fire or explosions, or violent reactions;
(2) Produce uncontrolled toxic mists, fumes, dusts, or gases;
(3) Produce uncontrolled flammable fumes or gases; or
(4) Damage the structural integrity of the storage unit or facility.
Respondent Tasks
The generator must document in the waste analysis plan how precautions will be taken
to prevent mixing of incompatible waste fuels and other materials. Given that this is a
status quo requirement no additional burden arises from this requirement.
Agency Tasks
None
Burner Operating conditions
Data Items
ECF burners must meet the following operating requirements under proposed
261.38(c)(2)(ii)
(A) Fossil fuel as primary fuel. A minimum of 50 percent of fuel fired to the device shall
be fossil fuel, fuels derived from fossil fuel, or tall oil. Such fuels are termed “primary
fuel” for purposes of this section. (Tall oil is a fuel derived from vegetable and rosin fatty
acids.) The 50 percent primary fuel firing rate shall be determined on a total heat or
volume input basis, whichever results in the greater volume feedrate of primary fuel
fired
(B) Fuel heating value. Primary fuels and emission-comparable fuel shall have a
minimum as-fired heating value of 8,000 Btu/lb, and each material fired in a firing nozzle
where hazardous waste is fired must have a heating value of at least 8,000 Btu/lb, asfired;
(C) CO CEMS. When burning emission-comparable fuel, carbon monoxide emissions
must not exceed 100 parts per million by volume, over an hourly rolling average
(monitored with a continuous emissions monitoring system (CEMS)), dry basis and
corrected to 7 percent oxygen. An oxygen CEMS must be used to continuously correct
the carbon monoxide level to 7 percent oxygen. Burner must install, calibrate, maintain,
and continuously operate the CEMS in compliance with the quality assurance

20

procedures provided in the appendix to subpart EEE of 40 CFR part 63 (Quality
Assurance Procedures for Continuous Emissions Monitors Used for Hazardous Waste
Combustors) and Performance Specification 4B (carbon monoxide and oxygen) in
appendix B, 40 CFR Part 60.
(D) Dioxin/furan control--(1) If the boiler is equipped with a dry particulate matter control
device and the primary fuel is not coal, the combustion gas temperature at the inlet to
the dry particulate matter control device must be monitored, and the gas temperature
must not exceed 400°F on an hourly rolling average.
(2) Calibration of thermocouples. The calibration of thermocouples must be
verified at a frequency and in a manner consistent with manufacturer specifications, but
no less frequently than once per year.
(E) Calculation of rolling averages--(1) Calculation of rolling averages upon intermittent
operations. You must ignore periods of time when one-minute values are not available
for calculating the hourly rolling average. When one-minute values become available
again, the first one-minute value is added to the previous 59 values to calculate the
hourly rolling average.
(2) Calculation of rolling averages when the emission-comparable fuel feed is
cutoff. You must continue monitoring carbon monoxide and combustion gas
temperature at the inlet to the dry particulate matter emission control device when the
emission-comparable fuel feed is cutoff, but the source continues operating on other
fuels. You must not resume feeding emission-comparable fuel if the emission levels
exceed the limits provided in paragraphs (c)(2)(ii)(C) and (D) of this section.
(F) Automatic fuel cutoff system--(1) General. You must operate the boiler with a
functioning system that immediately and automatically cuts off the emission-comparable
fuel feed, except as provided by paragraph (c)(2)(ii)(F)(7) of this section:
(i) When the hourly rolling average carbon monoxide level exceeds 100 ppmv or
the combustion gas temperature at the inlet to the initial dry particulate matter control
device exceeds 400°F or lower on an hourly rolling average.
(ii) When the span value of the combustion gas temperature detector is
exceeded;
(iii) Upon malfunction of the carbon monoxide CEMS or the gas temperature
detector; or
(iv) When any component of the automatic waste feed cutoff system fails.
(2) Failure of the automatic fuel cutoff system. If the automatic emissioncomparable fuel cutoff system fails to automatically and immediately cut off the flow of
emission-comparable fuel upon exceedance of the carbon monoxide or gas
temperature limits, you have failed to comply with the emission-comparable fuel cutoff
requirements of this section. If an equipment failure prevents immediate and automatic
cutoff of the emission-comparable fuel feed, however, you must cease feeding
emission-comparable fuel as quickly as possible.
(3) Corrective measures. If, after any automatic emission-comparable fuel feed
cutoff, the carbon monoxide or gas temperature limit was exceeded while emissioncomparable fuel remained in the combustion chamber, you must investigate the cause
of the automatic emission-comparable fuel feed cutoff, take appropriate corrective
measures to minimize future automatic cutoffs, and record the findings and corrective
measures in the operating record.
(4) Excessive exceedance reporting. (i) For each set of 10 exceedances of the

21

carbon monoxide emission limit or the limit on the gas temperature at the inlet to the dry
particulate matter control device while emission-comparable fuel remains in the
combustion chamber (i.e., when the emission-comparable fuel residence time has not
transpired since the emission-comparable fuel feed was cutoff) during a 60-day block
period, submit to the Administrator a written report within 5 calendar days of the 10th
exceedance documenting the exceedances and results of the investigation and
corrective measures taken.
(ii) On a case-by-case basis, the Administrator may require excessive
exceedance reporting when fewer than 10 exceedances occur during a 60-day block
period.
(6) Testing. The automatic emission-comparable fuel feed cutoff system and
associated alarms must be tested at least weekly to verify operability, unless you
document in the operating record that weekly inspections will unduly restrict or upset
operations and that less frequent inspection will be adequate. Conduct operability
testing at least monthly and document and record in the operating record automatic
emission-comparable fuel feed cutoff system operability test procedures and results.
(G) Boiler load. Boiler load shall not be less than 40 percent. Boiler load is the ratio at
any time of the total heat input to the maximum design heat input.
(H) Fuel atomization. The emission-comparable fuel shall be fired directly into the
primary fuel flame zone of the combustion chamber with an air or steam atomization
firing system, mechanical atomization system, or a rotary cup atomization system under
the following conditions:
(1) Particle size. The emission-comparable fuel must pass through a 200 mesh
(74 micron) screen, or equivalent;
(2) Mechanical atomization systems. Fuel pressure within a mechanical
atomization system and fuel flow rate shall be maintained within the design range taking
into account the viscosity and volatility of the fuel;
(3) Rotary cup atomization systems. Fuel flow rate through a rotary cup
atomization system must be maintained within the design range taking into account the
viscosity and volatility of the fuel.
(I) Restrictions on benzene and acrolein. If the as-fired concentration of benzene
or acrolein in the emission-comparable fuel exceeds 2 percent by mass, the firing rate
of emission-comparable fuel cannot exceed 25% of the total fuel input to the boiler on
heat or volume input basis, whichever results in a lower volume input of emissioncomparable fuel.
Respondent Tasks
a) ECF Burners must ensure that,
1. A minimum of 50% percent of fuel fired to the device shall be fossil fuel, fuels
derived from fossil fuel or tall oil.
2. Primary fuels and emission-comparable fuel shall have a minimum as-fired
heating value of 8,000 Btu/lb, and each material fired in a firing nozzle where
ECF is fired must have a heating value of at least 8,000 Btu/lb, as-fired;
3. Boiler load is not less than 40 percent.

22

4. If the as-fired concentration of benzene or acrolein in the emission-comparable
fuel exceeds 2 percent by mass, ensure that the firing rate of emissioncomparable fuel does not exceed 25% of the total fuel input to the boiler on heat
or volume input basis, whichever results in a lower volume input of ECF.
5. Burners must install a functioning AWFCO system that immediately and
automatically cuts off the emission-comparable fuel feed when: (1) the
emissions limit for CO or the APCD inlet temperature limit is exceeded; (2) if the
CO CEMS or the gas temperature detector malfunctions; and (3) when any
component of the automatic fuel cutoff system malfunctions.
b)
c)
d)

e)

f)

Burners must investigate occurrences of automatic feed cutoffs, take
corrective measures, and record findings.
Burners must report excessive exceedances to the Administrator as required
under proposed § 261.38(c)(2)(F)
Burners must install a CO CEMS and when burning emission-comparable
fuel, ensure that CO not exceed 100 parts per million by volume, over an hourly
rolling average dry basis and corrected to 7 percent oxygen.
Burners equipped with a dry air pollution control device, monitor the
combustion gas temperature at the inlet to the initial dry particulate matter control
device, and the gas temperature must not exceed 400°F on an hourly rolling
average.
Burners must install an atomization system such that the ECF shall be fired
directly into the primary fuel flame zone of the combustion chamber with an air or
steam atomization firing system, mechanical atomization system, or a rotary cup
atomization.

Agency Tasks
None
EPA Identification Number.
Data Items
Under proposed §261.38(c)(4) a burner that receives emission-comparable fuel from an
offsite generator must obtain an EPA identification number from the Administrator. A
burner who has not received an EPA identification number may obtain one by applying
to the Administrator using EPA form 8700-12.
Respondent Tasks
Obtain EPA identification number
Agency Tasks
Review information from burner and provide EPA identification number.
Notification, reporting, and recordkeeping
Data Items

23

(i) Initial Notification. A burner that receives emission-comparable fuel from an offsite
generator must submit an initial notification to the Regional or State RCRA and CAA
Directors prior to receiving the first shipment:
(A) Providing the name, address, and EPA identification number of the burner
(B) Certifying that the excluded fuel will be stored under the conditions of
paragraph (c)(1) of this section and burned in a boiler under the conditions of paragraph
(c)(2) of this section, and that the burner will comply with the notification, reporting, and
recordkeeping conditions of paragraph (c)(3) of this section;
(C) Identifying the specific units that will burn the excluded fuel; and
(D) Certifying that the state in which the burner is located is authorized to exclude
wastes as excluded fuel under the provisions of this section.
(ii) Reporting. The burner must submit to the Administrator excessive CO
exceedance reports required under paragraph (c)(2)(ii)(F)(5) of this section.
(iii) Recordkeeping. (A) Records of shipments. If the burner receives a shipment
of emission-comparable fuel from an offsite generator, the burner must retain for each
shipment the following information on-site:
(1) The name, address, and RCRA ID number of the generator shipping the
excluded fuel;
(2) The quantity of excluded fuel delivered; and
(3) The date of delivery;
(B) Boiler operating data. The burner must retain records of information required
to comply with the operating requirements of paragraph (c)(2) of this section.
(C) Records retention. The burner must retain records at the facility for three
years.
Respondent Tasks
Burners receiving ECF must,
ƒ Submit one-time notification to state /regional implementing authority
ƒ If necessary excessive CO exceedance reports to the administrator.
Agency Tasks
ƒ Review one-time notice from burner
ƒ Review excessive CO exceedance reports

4. INFORMATION COLLECTED -- AGENCY ACTIVITIES,
COLLECTION METHODOLOGY, AND INFORMATION
MANAGEMENT
5(a) AGENCY ACTIVITIES
Agency activities include reviewing one-time notice provided by
generators (facility information, excluded waste quantities, and signed statement),
reviewing facility response plans, providing EPA identification numbers to ECF burners,
and reviewing information provided by burners in the initial notification.

5(b) COLLECTION METHODOLOGY AND MANAGEMENT

24

In collecting and analyzing information under this regulation pertaining to the
expansion of the comparable fuel expansion, EPA promotes and uses state-of-the-art
equipment and reporting methodology, including the processing of information in a
manner which shall enhance the utility of the information to agencies and the public.

5(c) SMALL ENTITY FLEXIBILITY
There are very few small entities that are affected by this rule. A regulatory
impact analysis (RIA) 1 has been prepared for this rule and a copy thereof has also
been placed in the Docket for this rule. No significant adverse impact has been found on
any small entity. Since this rule is deregulatory, there is an overall burden reduction –
not an increase.

5.d) COLLECTION SCHEDULE
Records of shipments of ECF must be maintained at the generator and the
burner. The generator must also maintain records of ECF analyses, and both
the generator and burner must keep records of inspections of tanks, secondary
containment systems, air emissions controls, pumps, valves and other ancillary
equipment. Additionally, the burner must maintain a boiler operating record
indicating compliance with the special boiler conditions for combustion of ECF.
Discussion of collection schedule of these items is not applicable.
The ECF generators must obtain a certification from a potential offsite
burner (if the ECF is to be combusted offsite) and submit a one time notification
to the implementing authority and receive an approval of the exclusion prior to
managing an excluded hazardous waste as ECF
The ECF burners must publish a notice in a major newspaper and provide
notification to implementing authorities prior to receiving and burning ECF.

6. ESTIMATING THE BURDEN AND COST OF THE COLLECTION
6(a) ESTIMATING RESPONDENT BURDEN
EPA estimates respondent burden hours associated with all of the information
collection requirements covered in this ICR in Exhibit 2. This exhibit shows the average
number of hours required to conduct the information collection activity and the average
cost associated with each requirement. Exhibit 2 also shows savings associated with
no longer managing the excluded fuel as a hazardous waste. 2
The estimated burden and cost represents the average burden and cost incurred
by a generator and/or burner of ECF. In developing these estimates, EPA recognizes
1

USEPA, “Assessment of the Potential Costs, Benefits, and other Impacts of the Expansion of the RCRA
Comparable Fuels Exclusion- Proposed Rule,” Dec 2006. p.42
2
Note savings are shown in red font as negative numbers.

25

that the burden for each facility will vary, depending on the number, capacity, and
complexity of the units at the facility. Consequently, the burden estimates included in
this ICR neither supersede existing technical guidance nor constitute new guidance on
the frequency or cost of complying with the information collection requirements
associated with RCRA regulations.

6(b) ESTIMATING RESPONDENT COSTS
Labor Costs
For the purposes of this ICR, labor costs have been taken from the ICR for the
BIF rule 3 and adjusted to March 2006 levels by increasing the labor rates based on the
increase in consumer price index. 4 EPA estimates the burdened labor rates to be
$33.58/hour for clerical support, $69.75/hour for technical support, $90.67/hour for a
manager and $119.18/hour for legal/consultant support.
Annual Capital and Operation & Maintenance Costs
Capital costs include any produced physical goods needed to provide the needed
information, such as machinery, computers, and other equipment. Capital costs
incurred by respondents in this ICR include the cost to install/replace storage tanks, and
for the secondary containment of the ECF.
Operation and maintenance (O&M) costs include costs associated with a
paperwork requirement incurred continually over the life of the ICR. They are defined
by the PRA as “the recurring dollar amount of costs associated with O&M or purchasing
services.” O&M costs covered in this ICR include the following:
•
•
•

Mailing costs or long-distance phone call costs
Photocopying and document storage overhead and
Laboratory analysis (For example, EPA estimates that a complete analysis
of the constituents and properties of ECF fuel sample costs $8100).

These costs are based on O&M costs used in ICR #1361.09, and have been
updated to 2006 levels using the Consumer Price Index.
One Time Costs
Some costs that are incurred by generators and burners of ECF occur only one
time while others occur infrequently. For example, obtaining an EPA ID number is a
one-time cost and replacement of ECF storage tanks and associated equipment is
scheduled to occur once every 15 years which is the estimated lifetime of a storage
tank.
These costs are annualized using a capital recovery factor (CRF). The CRF is
given by:
3
4

USEPA, “Supporting Statement for EPA ICR 1361.10,” October 2005.
ftp://ftp.bls.gov/pub/special.requests/cpi/cpiai.tx

26

CRF = {R *(1+R)N } / {(1+R)N – 1}
Where R is the annual interest rate and N is the number of years. We assumed an
interest rate of 7%. Therefore the CRF is 0.244 for 5 years, 0.142 for 10 years, 0.110
for 15 years and 0.094 for 20 years. Note that we assumed a boiler facility life of 20
years, thus their one time costs were annualized over 20 years.

6(c) ESTIMATING AGENCY BURDEN AND COST
EPA estimates the annual Agency burden hours and costs associated with all the
requirements covered in this ICR in Exhibit 4.
Hourly wage rates for the Agency are estimated at $70.16 for legal staff, $65.60
for managerial staff, $48.10 for technical staff, $22.52 for clerical staff, and $49.44 for
consultants. Rates are based on the Federal employee labor rates “Salary Table 2006GS,” available at http://www.opm.gov/oca/06tables/pdf/gs_h.pdf, and a standard
government overhead rate of 1.6 EPA OSW Headquarters, Regional, and State offices
will be involved in these activities. For purposes of this ICR, we assume the assigned
staff at the following government services levels:
•
•
•
•

Legal Staff
Managerial Staff
Technical Staff
Clerical Staff

GS-15, Step1
GS-14, Step 4
GS-12, Step 5
GS-5, Step 6

The agency burden is due to review of plans, petitions, notifications, and
requests. As stated in para 4 (b) above, some of this burden will be shared by the the
States authorized to administer their own RCRA program (under section 3006 of RCRA)

6(d) ESTIMATING THE RESPONDENT UNIVERSE AND TOTAL BURDEN
AND COSTS
The respondent universe is estimated from information provided in the RIA
referenced in Section 5 (c).
EPA estimates that 107 generators of hazardous waste will use the ECF
exclusion. These generators belong to three broad categories. It is estimated that
approximately 95 of these generators are facilities that currently incur hazardous waste
disposal costs for qualifying ECF also known as Type 1 facilities. 5 These generators will
burn ECF in a fossil fuel fired watertube boiler that previously did not burn hazardous
waste. As a result of the savings, Type 1 generators will save on hazardous waste
disposal costs. Moreover, since ECF will displace fossil fuel, burners of ECF will also
save on fuel costs.

5

These facilities are paying disposal fees to incinerators, kilns or other entities. The number of Type 1 facilities was
estimated from the RIA based on information provided for boiler control costs. Total costs are $3.02 million at an
approx cost of $32,000 per boiler.

27

Type 2 and Type 3 facilities do not currently pay disposal fees for their ECF, i.e.
they are burning the “to be excluded” ECF as a hazardous waste onsite or at an
affiliated unit offsite. Type 2 facilities are those that will take the exclusion but will
continue to burn ECF in a boiler that remains a hazardous waste boiler. We estimate
that there are approximately 10 (9% of ECF generator universe) generators that can be
classified as type 2. Although these generators will see very little measurable benefits
from the exclusion, they will nonetheless take the exclusion because of intangibles. 6
Type 3 facilities are those that will exit the BIF/MACT universe as a result of the
comparable fuel expansion. We estimate that 2 generators qualify for this category.
They burn the waste onsite in a hazardous waste boiler and will exit the BIF/MACT
regulatory system because all the generated and burned hazardous waste will qualify
as ECF. Exhibit 1 shows the respondent universe by type of generator.
EXHIBIT 1 : RESPONDENT UNIVERSE

# of Generators using exclusion
# of ECF Burners
# of offsite ECF Burners

Type 1
95
95
45

Type 2
10
10
4

Type 3
2
2
0

TOTAL
107
107
49

Additionally, for the purposes of this ICR we estimate that:
ƒ

Each generator of ECF generates, on average, three qualifying streams and a
total ECF quantity of 1000 tons per year. 7

ƒ

All ECF streams from a single generator go to a single “qualifying” boiler and
each boiler receives waste only from a single generator. Thus 107 generators
using ECF exclusion will send ECF to 107 boilers for burning.

ƒ

About 47% of type 1 and 2 boilers (49 boilers in total) are located offsite from the
ECF generators.

Thus the 107 generators of ECF and the 49 offsite burners of ECF constitute the
156 respondents to the expanded comparable fuels exclusion.
The following sections detail costs and savings that will be incurred by
respondents. Note only costs incremental to those currently incurred have been shown.
COSTS
Reading the Regulations
EPA estimates that all 156 respondents will read the regulations
Notices

6
7

For example, facilities may consider it beneficial to reduce the quantity of hazardous waste they are handling.
Based on 107 ECF generators and a total excluded waste quantity (RIA Estimate) of 166,500 tons per year

28

EPA estimates that all 107 generators will prepare and submit a one-time notice
to Regional/State RCRA or CAA director certifying compliance with the conditions of the
exclusion. Additionally, 97 burners (Type I and Type III) will prepare and publish in a
major newspaper, a notification of burning a fuel excluded under RCRA.
Analysis plans for burners of ECF
Burners that do not receive information on benzene or acrolein concentration or
heating value of ECF from the generator and burners that blend waste to meet the
specifications must re-analyze the ECF. EPA estimates that 5% of all burners (or 5
burners) fit this category and will re-analyze their waste
Excluded fuel sampling and analysis
EPA estimates that 95 generators will perform annual analysis on ECF for
hazardous constituents according to the waste analysis plan and determine if
constituents are within specifications levels. We assume three ECF streams per
generator and that 50% of streams will be analyzed annually while 50% will be analyzed
semi-annually.
EPA estimates that 5 offsite burners will blend fuel to meet either the heating
value limit or benzene/acrolein concentration must re-analyze the waste after blending
Records
EPA estimates that all ECF generators will maintain records of analysis on their
ECF streams.
EPA estimates that 47% of generators of ECF will ship the waste off-site for
burning and must maintain records of shipments on file. We estimate and average of 17
ECF shipments will occur per generator annually.
Burner Certification
EPA estimates that 47% of total 95 ECF generators who ship the excluded fuel
offsite must obtain from the burners a certification that the fuel will be stored under
conditions of proposed §261.38(c)(1) will be burned under conditions of §261.38(c)(2)
Above ground tank systems
SPCC requirements
EPA estimates that 95 generators and 47 offsite burners must renew existing SPCC
plans as needed to incorporate storage of ECF and have plan certified by a
professional engineer and submit response plan to RA. We assume that SPCC
plans will be revised every 10 years.
EPA estimates that 95 burners will install storage tanks for ECF and that the life of a

29

storage tank is 15 years.
Secondary Containment
EPA estimates that 95 burners will install engineered secondary containment for
all storage tanks as the tanks are replaced at the end of its useful life.
EPA estimates that 95 ECF burners will perform daily inspection of tanks, weekly
inspections of piping and equipment and monthly VOC monitoring.
Cessation and Containment of Leaks, Notification, Reporting
EPA estimates that 45 offsite burners will need to clean-up equipment leaks and
report leaks to RA 3 times a year.
Air emissions
EPA estimates that 75% of type 1 ECF burners will equip their tanks with level 2
storage controls based on size and vapor pressure as the tanks are replaced at the end
of their useful life.
EPA estimates that all type 1 ECF burners must maintain records of inspections,
performance tests (on air emissions controls) and defective equipment.
Underground storage tank systems
EPA estimates that no ECF will be stored in underground storage tank systems.
Burner Operating Conditions
EPA estimates that all 95 type 1 ECF burners will install an automatic feed cutoff
system (AWFCO) for their ECF. We estimate 50% of ECF burners will have a waste
feed cutoff and investigate reason for AWFCO and take corrective action and 1% of
ECF burners will submit a written report for 10 exceedances of the CO emission limit.
EPA estimates that 95 ECF burners must perform weekly test (52 weeks/year)
the automatic ECF feed cutoff system.
EPA estimates that 95 ECF burners must install CO CEMS to ensure that CO not
exceed 100 parts per million by volume, over an hourly rolling average dry basis and
corrected to 7 percent oxygen. 95 ECF burners must daily (365 days/ year) maintain
and calibrate the CO CEMS.
For dioxin control, EPA estimates that only 10% of 95 ECF burners need to
install the temperature monitoring and 50% out of 95 type 1 ECF burners 50% will install
an atomization system for firing liquid ECF.

30

EPA estimates that the CO CEMS, AWFCO and temperature monitoring system
will have a 10 year life.
EPA Identification Number
EPA estimates that 95 ECF Burners will obtain an EPA identification number. This is a
one time cost.
Notification, reporting, and recordkeeping
EPA estimates that 95 ECF burners receiving ECF must submit one-time notification to
state /regional implementing authority
SAVINGS
ƒ EPA estimates 95 generators will save on hazardous waste disposal costs at an
average of $252 per ton of ECF. It is estimated that 20% of these savings can
be attributed to labor and 20% is an O&M cost that could be considered
“paperwork” savings.
ƒ EPA estimates that 47 generators who ship their ECF offsite will save on
manifest preparation and retention costs for an average of 27 shipments per
generator annually.
ƒ EPA estimates 2 hazardous waste burning boilers will exit the BIF/MACT
regulatory system and save on compliance costs ( Including comprehensive
performance testing, and site specific risk assessments)

6(e) BOTTOM LINE BURDEN HOURS AND COST TABLES
(i)

Respondent Tally

Exhibit 2 details the annual burden to respondents generating and burning ECF
under the proposed expansion of the comparable fuels exclusion. However, generators
of ECF will also have a reduction in burden due to these wastes exiting the hazardous
waste universe, and being spared from paperwork, reporting, and recordkeeping
requirements needed for hazardous wastes under RCRA 8 .
As shown in exhibit 2, there are a total of 68,130 responses/activities, or the 156
respondents will average 436 responses per respondent annually. The proposed rule
will result in a burden reduction of 21,206 hours and savings of $3,186,590 in capital
and O&M costs. Dividing the net burden reduction and cost savings by the number of
responses provides the “per response” values for these items. Exhibit 2 further breaks
down all data items into reporting (RP) and recordkeeping (RK) costs noted in column Q
of the exhibit. 9 Tables 1A and 1B summarize separately the hour and cost burden for
the respondents needed to comply with this rule, and the savings occurring upon
complying. Table 1C shows the net overall effect of complying with the rule.
8

Burden reductions are shown in red in exhibit 2.
On occasion some items are listed as RP/RK. Here the 50% of the costs/savings are assigned to reporting and 50%
is assigned to recordkeeping.
9

31

Table 1A- Private Sector Burden
Hours per
Response

Total Annual
Hour Burden

Cost per Response
(Capital/Startup
and O&M Costs
Only)

Total Annual Cost
Burden
(Capital/Startup and
O&M Costs Only)

Reporting (36499 responses)

1.39

50,881

$2

$85,526

Recordkeeping (33048 responses)

0.74

24,403

$121

$3,985,816

1.08

75,284

$59

$4,071,341

Hours per
Response

Total Annual
Hour Burden

Cost per Response
(Capital/Startup
and O&M Costs
Only)

Total Annual Cost
Burden
(Capital/Startup and
O&M Costs Only)

(868.5)

(47,770)

($66,731)

($3,670,231)

(35.8)

(48,720)

($2,634)

($3,587,700)

(68.1)

(96,490)

($5,122)

($7,257,931)

Total Annual
Hour Burden

Cost per Response
(Capital/Startup
and O&M Costs
Only)

Total Annual Cost
Burden
(Capital/Startup and
O&M Costs Only)

Third Party Disclosure
Total (69547 responses)

Table 1B- Private Sector Savings

Reporting (55 responses)
Recordkeeping (1362 responses)
Third Party Disclosure
Total (1417 responses)

Table 1C- Private Sector Net Burden
Hours per
Response

Reporting (36444 responses)
Recordkeeping (31686 responses)

0.09

3111

($98)

($3,584,705)

(0.77)

(24317)

$13

$398,116

(0.31)

(21,206)

($47)

($3,186,590)

Third Party Disclosure
Total (68130 responses)

(ii)

Agency Tally

The annual burden to the Agency under the under the proposed rule is estimated
to be 348 hours, while the capital and O&M costs to the agency are estimated to be
$1500. The hour and cost burden is due to a total of 745 responses from the 156
respondents. As stated in para 4 (b) above, some of this burden will be shared by the
States authorized to administer their own RCRA program (under section 3006 of
RCRA). We estimate that 2/3rd of this burden and costs will be incurred by the federal
government (i.e., EPA regional offices) while 1/3rd will be incurred by the authorized
States. Exhibits 3a and 3b list these hours and costs for the States and the federal
government. Tables 2 and 3 summarize this information of Exhibits 3a and 3b.
Table 2- Hour and Cost Burden- States
Hours per
Response

Total Annual
Hour
Burden

32

Cost per Response
(Capital/Startup and O&M
Costs Only)

Total Annual Cost Burden
(Capital/Startup and O&M
Costs Only)

Reporting
Recordkeeping
Third Party Disclosure

1.16
0.36

39
77

$3.00
$1.86

$101
$399

Total

0.47

116

$2.01

$500

Table 3: Hour and Cost Burden- Federal Government

Reporting
Recordkeeping
Third Party Disclosure
Total

6(f)

Cost per Response
(Capital/Startup and O&M
Costs Only)

Total Annual Cost Burden
(Capital/Startup and O&M
Costs Only)

Hours per
Response

Total Annual
Hour Burden

1.16
0.36

78
154

$3.00
$1.86

$202
$798

0.47

232

$2.01

$1,000

REASONS FOR CHANGE IN BURDEN

This ICR has been prepared to show the paperwork burden as a result of a
proposed rule. The additional burden associated with this proposed rule, is offset by the
fact that there is an overall burden reduction associated with this rule, since the rule is
deregulatory. The excluded comparable fuel will exit the hazardous waste universe, and
will not be required to comply with the paperwork, reporting and recordkeeping
requirements for hazardous wastes under RCRA. This negative burden will be effective
when the rule is finalized and promulgated, some time in 2008. At that time, based on
the approved rule provisions, the current ICR will be revised and the new burden hours
incorporated in the ICRAS system.

6(g) BURDEN STATEMENT
As described in section 6(e) and Exhibit 2, the respondents generating and
burning ECF under the proposed expansion of the comparable fuels exclusion will incur
both capital and operating and maintenance costs to comply with the conditions of the
exclusion. However, generators of ECF will also have a reduction in burden due to
these wastes exiting the hazardous waste universe, and being spared from paperwork,
reporting, and recordkeeping requirements needed for hazardous wastes under RCRA.
The proposed rule will result in a burden reduction of 136 hours per respondent for a
total of 21,206 hours and savings of $3,186,590 in capital and O&M costs.
Burden means the total time, effort, or financial resources expended by persons
to generate, maintain, retain, or disclose or provide information to or for a Federal
agency. This includes the time needed to review instructions; develop, acquire, install,
and utilize technology and systems for the purposes of collecting, validating, and
verifying information, processing and maintaining information, and disclosing and
providing information; adjust the existing ways to comply with any previously applicable
instructions and requirements; train personnel to be able to respond to a collection of
information; search data sources; complete and review the collection of information; and
transmit or otherwise disclose the information.

33

An agency may not conduct or sponsor, and a person is not required to respond
to a collection of information unless it displays a currently valid OMB control number.
The OMB control numbers for EPA's regulations in 40 CFR are listed in 40 CFR Part 9.
To comment on the Agency's need for this information, the accuracy of the
provided burden estimates, and any suggested methods for minimizing respondent
burden, including the use of automated collection techniques, EPA has established a
public docket for this rule, which includes this ICR, under Docket ID number EPA-HQRCRA-2005-0017. Submit any comments related to the ICR for this proposed rule to
EPA and OMB. See ‘Addresses’ section at the beginning of the Federal Register notice
for where to submit comments to EPA. Send comments to OMB at the Office of
Information and Regulatory Affairs, Office of Management and Budget, 725 17th Street,
NW, Washington, DC 20503, Attention: Desk Officer for EPA. within 30 days after the
publication in the FEDERAL REGISTER. The final rule will respond to any OMB or
public comments on the information collection requirements contained in this proposal.

34

B

C

D

17
18
19
20
21
22
23
24
25
26
27
28
29
30

31
32
33
34

35
36
37
38
39
40
41
42

43
44

F

G

H

I

J

K

L

M

N

O

P

Q

R

S

T

U

V

W

EXHIBIT 2: Respondent Net Burden
Hours and Costs (or Savings) Per Respondent or Activity
Legal

$119.18

9
10
11
12
13
14
15
16

E

Supporting Statement for EPA ICR 1361.11
May-07

INFORMATION COLLECTION ACTIVITY
Reading the Regulations
Read the Regulation
SUBTOTAL

Manager Technical Clerical/Maint

$90.67

0.0
Varies

$69.75

1.0
Varies

$33.58

0.0
Varies

Respon.

Labor

Capital/

Hours per
Activity

Cost per
Activity

Startup
Cost

0.0
Varies

Total Hours and Costs (or Savings)

1.0
Varies

$91
Varies

O&M
Cost

$0
Varies

$0
Varies

No of

Total

Total

Respondents
or Activities

Hours per
Year

Cost per Year

Total Cost (or Savings) Breakdown

Labor

Capital

O&M

Reporting (RP) vs.
Recordkeeping (RK)

2
3
4
6
7
8

Reporting

No.
Responses

Total
Hours

Reporting vs. Recordkeeping
Recordkeeping

Capital/O&M

No.
Responses

Total
Hours

Capital/O&M

156

156

$14,155

$14,155

$0

$0 RK

156

156

$0

156

156

$14,155

$14,155

$0

$0

156

156

$0

0

0

$0

Notices 261.38(b)(2)
(i) Generator-One time notice to Regional or State
RCRA and CAA Directors

0.0

1.0

0.0

2.0

3.0

$158

$0

$0

107

30

$1,594

$1,594

$0

$0 RP

107

30

$0

(ii) Burner- Publish public notice in major newspaper

0.0

0.5

0.0

0.0

0.5

$45

$500

$0

97

5

$4,988

$415

$4,573

$0 RP

97

5

$4,573

204

35

$6,582

$2,009

$4,573

$0

204

35

$4,573

SUBTOTAL

Varies

Varies

ECF analysis plans for burners of ECF 261.38(b)(5)
Burners -Test for benzene, acrolein composition and
Heating value
0.0
Emission-comparable fuel sampling and analysis 261.38(b)(6)
Generators-Annual testing for constituents
0.0
SUBTOTAL

Varies

Varies

Varies

Varies

Varies

Varies

Varies

0.0

0.0

0.0

0.0

$0

$0

$300

5

0

$1,473

$0

$0

$1,473 RK

5

0

$1,473

0.0

0.0

0.0

0.0

$0

$0

$8,100

428

0

$3,462,750

$0

$0

$3,462,750 RK

428

0

$3,462,750

432.4

0.0

$3,464,223

$0

$0

$3,464,223

432.4

0.0

$3,464,223

285

7,125

$338,020

$338,020

$0

285

7,125

$0

Varies

Varies

Varies

Varies

Varies

Varies

Varies

Records 261.38(b)(8)
(i)-(viii) Maintain records of information submitted to
implementing authority, facility info,process
description, waste codes/quantities, waste analysis
plan, analytical methods/results/detection limits,
process knowledge certification

0.0

(vii) If the waste is to be shipped off-site, maintain a
certification from the burner as required under
paragraph 261.38(b)(10)
Manifests of HW shipments
Burner certification 261.38(b)(10)

8.0

16.0

25.0

$1,186

$0

$0

$750

For offsite shipments generators obtain 1-time
certification from burner stipulating that ECF will be
stored in accordance with 261.38 (c) (1) and burned
as stipulated in 261.38 9(c) (2)
SUBTOTAL

1.0

$0 RK

0.0
0.0

0.0
0.3

0.0
0.0

0.5
0.9

0.5
1.1

$17
$51

$0
$0

$0
$0

45
-1,313

22
-1,444

-$67,246

$750
-$67,246

$0
$0

RK
$0
$0 RK

45
-1,313

22
-1,444

$0
$0

0.0

1.0

2.0

0.0

3.0

$230

$0

$0

45

13

$970

$970

$0

$0 RK

45

13

$0

-939

5,716

$272,494

$272,494

$0

$0

-939

5,716

$0

156
156

255
0

$16,969
$6,451

$16,969
$0

$0
$0

$0 RP
$6,451 RK

156

0

$6,451

Varies

Varies

Varies

Varies

Varies

Varies

Varies

Varies

Special conditions for emission-comparable fuel 261.38(c )
Storage - Above Ground Tank Systems 261.38(c )(ii)
(A) SPCC Requirements
Renewal of SPCC Plan per 112.7: Including physical
layout of the facility,describing discharge prevention
measures and discharge/drainage controls,
Countermeasures for discharge discorvery, response
and cleanup and disposal methods
Obtain PE Certification for SPCC Plan

Ex 2 Resp net Burden

0.0
0.0

1.1
0.0

8.7
0.0

1.6
0.0

11.5
0.0

$763
$0

$0
$0

$0
$290

1 of 3

156

255

$0

ICR 1361.11-New tables050707.xls

C

D

E

F

G

H

I

J

K

Hours and Costs (or Savings) Per Respondent or Activity
Legal

$119.18

Manager Technical Clerical/Maint

$90.67

$69.75

$33.58

L

M

N

Total Hours and Costs (or Savings)

Respon.

Labor

Capital/

Hours per
Activity

Cost per
Activity

Startup
Cost

O&M
Cost

No of

Total

Total

Respondents
or Activities

Hours per
Year

Cost per Year

O

P

Q

Total Cost (or Savings) Breakdown

Labor

Capital

O&M

9
45
46
47
48
49
50

Install/modify storage tanks with with discharge
prevention (e.g liquid level sensing devices)-Burners

0.0

SUBTOTAL

0.0
Varies

0.0
Varies

0.0
Varies

0.0
Varies

$0
Varies

$22,043
Varies

$0
Varies

95

0

$229,924

$0 $229,924

407

255

$253,345

$16,969 $229,924

Reporting (RP) vs.
Recordkeeping (RK)

B
6
7
8

R

S

T

U

No.
Responses

Total
Hours

Capital/O&M

$0 RK
$6,451

V

W

Reporting vs. Recordkeeping
Reporting
Recordkeeping

156

255

$0

No.
Responses

Total
Hours

Capital/O&M

95

0

$229,924

251

0

$236,376

(B) Containment and detection of releases
Secondary containment systems

51

Install engineered secondary containment for all
storage tanks (E.g A liner (external to the tank) , a
vault, a double wall) with built in continuous leak
detection per 261.38 (c)(1)(ii)(B) - burners

0.0

0.0

0.0

0.0

0.0

$0

$9,833

$0

95

0

$102,561

$0 RK

95

0

$102,561

52

Inspect tanks, piping, and ancillary equipment
(pumps/valves) and VOC monitoring - Burners

0.0

0.0

0.1

0.3

0.4

$16

$0

$0

31,208

12,372

$490,732

$490,732

$0

$0 RK

31,208

12,372

$0

53

Security-Generators and burners 261.38 ( c) (1)(iii)(D)

0.0

0.0

0.0

0.0

0.0

$0

$0

$300

45

0

$13,395

$0

$0

$13,395 RK

45

0

$13,395

54

Testing/Maintenance of equipment 261.38
(c)(1)(v)(A)(2) - Burners

0.0

0.5

0.0

2.0

2.5

$113

$0

$100

45

112

$9,488

$5,023

$0

$4,465 RK

45

112

$4,465

Emergency response 261.38 (c)(1)(v)(B)(2) - Burners
Cessation and containment of leaks
Notification and reporting of leaks

0.0
0.0
0.0

0.5
8.0
9.0

1.0
4.0
4.0

2.0
4.0
5.0

3.5
16.0
18.0

$182
$1,139
$1,263

$0
$0
$0

$0
$471
$0

9
134
134

31
2,143
2,411

$1,628
$215,650
$169,171

$1,628
$152,528
$169,171

$0
$0
$0

$0 RP
$63,123 RK
$0 RP

9

31

$0
134

2,143

$63,123

134

2,411

$0

31,669

17,069

$1,002,626

$80,983

143

2,442

$0

31,526

14,626

$183,543

71

0

$50,275

55
56
57
58
59
60
61
62
63
64
65
66
67
68
69
70
71
72
73
74
75
76
77
78
79
80
81
82
83
84
85
86

SUBTOTAL

Varies

Varies

Varies

Varies

Varies

Varies

Varies

$0 $102,561

$819,082 $102,561

Air emissions Controls 261.38(c ) (1)(ii)(C)
Install level 2 air emissions controls under the
Organic Liquids Distribution NESHAP 40 CFR , Part
63, subpart EEEE - Burners
Maintain records of inspections, performance tests, &
defective equipment - Burners
Hazardous Waste Disposal Savings

0.0

0.0

0.0

0.0

0.0

$0

$6,427

$0

71

0

$50,275

$0

0.0
15.0

3.0
80

11.1
300

10.3
600

24.4
995.0

$1,392
$50,117

$0
$0

$0
$75,531

95
-95

2,318
-94,525

$132,257
-$11,936,554

$132,257
-$4,761,154

71

-92,207

-$11,754,021

-$4,628,896

SUBTOTAL

Burning 261.38(c )(2)
Automatic Waste Fuel Cutoff 261.38(c ) (2)(F)
Install AWFCO
Investigate instances when AWFCO occurs and take
corrective action
Submit a written report within 5 calendar days for
each of 10 exceedances of the CO emission limit
Test the automatic emission-comparable fuel feed
cutoff system and associated alarms weekly
CO CEMS 261.38(c ) (2)(C )
Install CO CEMS.
Maintain, calibrate CO CEMS and record data
Dioxin/furan control 261.38(c ) (2)(D)
Install temperature monitoring device
Atomization Systems
Install atomization system
SUBTOTAL

Varies

Varies

Varies

Varies

Varies

Varies

Varies

$50,275

$0 RK

$0
$0 RK
$0 -$7,175,400 RP/RK
$50,275 -$7,175,400

-48

-47,263

-$3,587,700

95
-48

2,318
-47,263

$0
-$3,587,700

-48

-47,263

-$3,587,700

119

-44,945

-$3,537,425

0.0

0.0

0.0

0.0

0.0

$0

$3,800

$0

95

0

$51,398

$0

$51,398

$0 RK

95

0

$51,398

0.0

0.0

1.0

2.0

3.0

$137

$0

$0

48

143

$6,504

$6,504

$0

$0 RK

48

143

$0

0.0

0.5

3.0

0.0

3.5

$255

$0

$0

1

3

$242

$242

$0

$0 RP

1

3

$0

0.0

0.0

0.0

0.3

0.3

$8

$0

$0

4,446

1,112

$37,328

$37,328

$0

$0 RP

4,446

1,112

$0

0.0
0.0

0.0
0.3

0.0
0.5

0.0
0.8

0.0
1.5

$0
$83

$2,900
$0

$2,900
$0

95
31,208

0
46,811

$78,450
$2,581,846

$0
$2,581,846

$39,225
$0

$39,225 RP
$0 RP

95
31,208

0
46,811

$78,450
$0

0.0

0.0

0.0

1.0

1.0

$34

$50

$50

10

1

$181

$45

$68

$68 RP

10

1

$135

143

143

$51,398

0.0

0.5
Varies

0.5
Varies

1.0
Varies

2.0
Varies

$114
Varies

$263
Varies

$88
Varies

48

14

$3,137

$770

$1,775

35,949

48,083

$2,759,086

$2,626,735

$92,466

$592 RP
$39,884

48

14

$2,367

35,806

47,941

$80,952

BIF/MACT COMPLIANCE SAVINGS

Ex 2 Resp net Burden

2 of 3

ICR 1361.11-New tables050707.xls

C

D

Legal

$119.18

9
87
88
89
90
91
92
93
94
95
96
97
98
99
100
101
102
103

E

F

G

H

I

J

K

Hours and Costs (or Savings) Per Respondent or Activity
Manager Technical Clerical/Maint

$90.67

$69.75

$33.58

Respon.

Labor

Capital/

Hours per
Activity

Cost per
Activity

Startup
Cost

Comprehensive Performance Test 63.1207(b)
One Time DF Test 63.1207(b)
Site Specific Risk Assessment
Startup-Shutdown & Malfunction Plan (63.1206 (c))

0.0
0.0
0.0
0.0

702.5
5.0
0.0
7.0

242.0
30.0
0.0
55.0

94.0
5.0
0.0
11.5

1039
40
0
74

$83,731
$2,714
$0
$4,857

Intitial Notification & Documentation of Compliance

0.0

15.5

86.0

5.0

107

$7,572

SUBTOTAL

Varies

Varies

EPA Identification Number 261.38(c )(4)
Burners-Obtain an EPA identification number
0.0
Notification, reporting, and recordkeeping 261.38(c ) (5)
Burner provide Initial notification and certification of
storage and operating Conditions to RCRA or CAA
authority
0.0

Varies

Varies

Varies

Varies

O&M
Cost

M

No of

Total

Total

Respondents
or Activities

Hours per
Year

Cost per Year

N

O

P

Labor

Capital

-2
-2
-2
-2

-481
-7
0
-13

-$66,631
-$1,383
-$53,804
-$871

-$38,800
-$487
$0
-$871

$0
$0
$0
$0

$0

-2

-19

-$1,358

-$1,358

$0

-10

-521

-$124,048

-$41,516

$0

Varies

$0
Varies

Q

Total Cost (or Savings) Breakdown

$0 $60,058
$0
$5,000
$0 $300,000
$0
$0

O&M

-$27,830
-$897
-$53,804
$0

R

S

T

U

No.
Responses

Total
Hours

Capital/O&M

RP
RP
RP
RK

-2
-2
-2

-481
-7
0

-$27,830
-$897
-$53,804

$0 RP

-2

-19

$0

-8

-508

-$82,531

-$82,531

1.0

0.0

2.0

$160

$0

$0

95

190

$1,439

$1,439

$0

$0 RP

95

190

$0

1.0

1.0

0.0

2.0

$160

$0

$0

95

18

$1,439

$1,439

$0

$0 RP

95

18

$0

Varies

Varies

Varies

Varies

Varies

Varies

Varies

TOTAL

Varies

Varies

Varies

Varies

Varies

Varies

Varies

190
68,130

3 of 3

208

$2,877

$2,877

(21,206)

(4,102,682)

(916,092)

$0
479,799

$0
(3,666,389)

V

W

Reporting vs. Recordkeeping
Reporting
Recordkeeping

1.0

SUBTOTAL

Ex 2 Resp net Burden

L

Total Hours and Costs (or Savings)

Reporting (RP) vs.
Recordkeeping (RK)

B
6
7
8

190
36,444

208
3,111

No.
Responses

Total
Hours

Capital/O&M

-2

-13

$0

-2

-13

$0

$0
(3,584,705)

31,686

(24,317)

ICR 1361.11-New tables050707.xls

398,116

Supporting Statement for EPA ICR 1361.11
May-07
EXHIBIT 3a
State Burden

Legal

$70.16

Manager

$65.60

Technical

$48.10

Clerical/Maint

$22.52

Total

Labor

Hours per

Cost per

Total Hours and Costs
Capital

Startup

Capital/
O&M
Costs/Yr

No of

Total

Total

Total

respondents/
activities

Hours per
Year

Cost Per
Year

Capital/O&M
Costs/Yr

INFORMATION COLLECTION ACTIVITY

Reporting (RP) vs.
Recordkeeping (RK)

Hours and Costs Per Respondent or Activity

Reporting vs. Recordkeeping
Reporting
Recordkeeping
No.
Responses

Total
Hours

No.
Capital/ O&M
Responses
Costs/Yr

Total
Hours

Capital/ O&M
Costs/Yr

Notices 261.38(b)(2)
Review notice by generator certifying compliance with the exclusion

SUBTOTAL

0.0
Varies

1.0
Varies

3.0
Varies

5.0
Varies

9.0
Varies

$323
Varies

$0
Varies

$3
Varies

36

30

$1,096

$107 RP/RK

18

15

$54

18

15

$54

36

30

$1,096

$107

18

15

$54

18

15

$54

Special conditions for emission-comparable fuel 261.38(c )
Storage - Above Ground Tank Systems 261.38(c )(ii)
Secondary Containment - Cessation and containment of leaks, reporting
Review the report of leaks from generators or burners and ensure proper
procedures were followed.
0.0

0.0

1.0

0.3

1.3

$54

$0

$2

140

25

$1,108

$279 RK

140

25

$279

0.5

1.0

0.5

2.0

$92

$0

$2

9

3

$125

$19 RK

9

3

$19

149

28

$1,233

Emergency procedure
Review incident reports

SUBTOTAL

0.0
Varies

Varies

Varies

Varies

Varies

Varies

Varies

Varies

$298

0

0

$0

149

28

$298

16

24

$48

16

24

$48

32
0

10
0

$0
$0

EPA Identification Number 261.38(c )(4)
Review information from burner and provide EPA identification number

0.0

0.0

0.5

1.0

1.5

$47

$0

$3

32

48

$148

0.0
0.0

0.5
0.5

1.0
2.0

2.0
2.0

3.5
4.5

$126
$174

$0
$0

$0
$0

32
0.3

10
0

$376
$5

$95 RP/RK

Notification, reporting, and recordkeeping 261.38(c ) (5)
Review one-time notice from burners
Review excessive CO exceedence reports

$0 RK
$0 RK

SUBTOTAL

Varies

Varies

Varies

Varies

Varies

Varies

Varies

Varies

64

58

$530

$95

16

24

$48

48

34

$48

TOTAL

Varies

Varies

Varies

Varies

Varies

Varies

Varies

Varies

248

116

$2,859

$500

34

39

$101

215

77

$399

Exhibit 3a State Burden

1 of 1

ICR 1361.11-New tables050707.xls

Supporting Statement for EPA ICR 1361.11
May-07
EXHIBIT 3b
Federal Burden

Legal

$70.16

Manager

$65.60

Technical

$48.10

Reporting vs. Recordkeeping
Reporting
Recordkeeping

Total Hours and Costs

Clerical/Maint

Total

Labor

Capital

$22.52

respondents/
activities

Hours per
Year

Cost Per
Year

No of
Capital/
O&M
Costs/Yr

Total

of Activities

Total

Total

Hours per
Capital/O&M
Cost Per Yr
Year
Costs/Yr

INFORMATION COLLECTION ACTIVITY

Reporting (RP) vs.
Recordkeeping (RK)

Hours and Costs Per Respondent or Activity

No.
Responses

Total
Hours

No.
Capital/ O&M
Responses
Costs/Yr

Capital/
O&M
Costs/Yr

Total
Hours

Notices 261.38(b)(2)
Review notice by generator certifying compliance with the exclusion

SUBTOTAL

0.0
Varies

1.0
Varies

3.0
Varies

5.0
Varies

9.0
Varies

$323
Varies

$0
Varies

$3
Varies

71

61

$2,192

$214 RP/RK

36

30

$107

36

30

$107

71

61

$2,192

$214

36

30

$107

36

30

$107

279

50

$2,216

$559 RK

279

50

$559

Special conditions for emission-comparable fuel 261.38(c )
Storage - Above Ground Tank Systems 261.38(c )(ii)
Secondary Containment - Cessation and containment of leaks, reporting
Review the report of leaks from generators or burners and ensure proper
procedures were followed.
0.0

0.0

1.0

0.3

1.3

$54

$0

$2

Emergency procedure
Review incident reports

SUBTOTAL

0.0
Varies

0.5
Varies

1.0
Varies

0.5
Varies

2.0
Varies

$92
Varies

$0
Varies

$2
Varies

19

5

$250

298

55

$2,466

$37 RK
$596

0

0

$0

32

48

$95

19

5

$37

298

55

$596

EPA Identification Number 261.38(c )(4)
Review information from burner and provide EPA identification number

0.0

0.0

0.5

1.0

1.5

$47

$0

$3

63

95

$296

0.0
0.0

0.5
0.5

1.0
2.0

2.0
2.0

3.5
4.5

$126
$174

$0
$0

$0
$0

63
0.7

21
0

$753
$11

$190 RP/RK

32

48

$95

63
1

21
0

$0
$0

Notification, reporting, and recordkeeping 261.38(c ) (5)
Review one-time notice from burners
Review excessive CO exceedence reports

$0 RK
$0 RK

SUBTOTAL

Varies

Varies

Varies

Varies

Varies

Varies

Varies

Varies

127

116

$1,060

$190

32

48

$95

96

68

$95

TOTAL

Varies

Varies

Varies

Varies

Varies

Varies

Varies

Varies

497

232

$5,718

$1,000

67

78

$202

429

154

$798

Exhibit 3b Federal Burden

1 of 1

ICR 1361.11-New tables050707.xls