Expanding the Comparable Fuels Exclusion under RCRA (Final Rule)

Forms and Documents

Document Name	Status
1361supp12 - Exhibits.pdf Supplementary Document	2008-12-15
1361ss12.doc Supporting Statement A	2008-12-15

IC Document Collections

IC ID	Document Title	Status
41685	Existing Burden - Requirements for Boilers and Furnaces: General Hazardous Waste Facility Standards, Specific Unit Requirements and Part B Permit Application and Modification Requirements	Modified
187555	Expanding the Comparable Fuels Exclusion under RCRA (Final Rule) - States as administering authorities	New

ICR Details

OMB Control No: 2050-0073	ICR Reference No: 200907-2050-002
Status: Historical Active	Previous ICR Reference No: 200603-2050-005
Agency/Subagency: EPA/OLEM	Agency Tracking No: 1361.12
Title: Expanding the Comparable Fuels Exclusion under RCRA (Final Rule)
Type of Information Collection: Revision of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Approved without change	Conclusion Date: 07/06/2009
	Date Received in OIRA: 07/06/2009
Terms of Clearance:

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	07/31/2012	02/28/2009	07/31/2009
Responses	4,959	0	1,969
Time Burden (Hours)	205,933	0	238,785
Cost Burden (Dollars)	25,773,547	0	27,059,000

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Abstract: This ICR has been prepared to show the paperwork burden for the final Comparable Fuel Exclusion Rule. This rule would exclude certain waste fuels from the definition of "Hazardous Waste." The requirements stipulated under this rule will impose paperwork burden on the facilities requesting for the exclusion, but the excluded waste will be spared from the paperwork, reporting and recordkeeping requirements of "hazardous waste" under RCRA , as this excluded waste will no longer be "hazardous waste." The overall result of this rule will be a net reduction of the paperwork burden. This burden reduction will be effective after the effective date of the rule, i.e. upon final promulgation of the rule in 2008.

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Authorizing Statute(s): US Code: 42 USC 6901-6992k Name of Law: Resource Conservation & Recovery Act (RCRA)
  

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
2050-AG24	Final or interim final rulemaking	73 FR 77954	12/19/2008

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Federal Register Notices & Comments

Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 2

IC Title	Form No.	Form Name
Expanding the Comparable Fuels Exclusion under RCRA (Final Rule) - States as administering authorities
Existing Burden - Requirements for Boilers and Furnaces: General Hazardous Waste Facility Standards, Specific Unit Requirements and Part B Permit Application and Modification Requirements

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ICR Summary of Burden

	Total Approved	Previously Approved	Change Due to New Statute	Change Due to Agency Discretion	Change Due to Adjustment in Estimate	Change Due to Potential Violation of the PRA
Annual Number of Responses	4,959	1,969	0	2,990	0	0
Annual Time Burden (Hours)	205,933	238,785	0	-32,852	0	0
Annual Cost Burden (Dollars)	25,773,547	27,059,000	0	-1,285,453	0	0

Burden increases because of Program Change due to Agency Discretion: Yes

Burden Increase Due to: Changing Regulations

Burden decreases because of Program Change due to Agency Discretion: Yes

Burden Reduction Due to: Changing Regulations

Short Statement: Under this rule, EPA is expanding the Comparable Fuel Exclusion for certain fuels now classified as hazardous waste. These excluded fuels must meet certain specifications for physical properties and constituents, and have emissions comparable to emissions from burning fuel oils, when burned in industrial boilers. The reduction of reporting and recordkeeping burden will occur as the excluded waste would no longer be subject to RCRA Subtitle C requirements for hazardous waste.

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Annual Cost to Federal Government: $1,296

Does this IC contain surveys, censuses, or employ statistical methods? No

Is the Supporting Statement intended to be a Privacy Impact Assessment required by the E-Government Act of 2002? No

Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]? Uncollected

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? Uncollected

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? Uncollected

Is this ICR related to the Pandemic Response? Uncollected

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Common Form ICR:  No

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On behalf of this Federal agency, I certify that the collection of information encompassed by this request complies with 5 CFR 1320.9 and the related provisions of 5 CFR 1320.8(b)(3).

The following is a summary of the topics, regarding the proposed collection of information, that the certification covers:

(a) It is necessary for the proper performance of agency functions;

(b) It avoids unnecessary duplication;

(c) It reduces burden on small entities;

(d) It uses plain, coherent, and unambiguous language that is understandable to respondents;

(e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;

(f) It indicates the retention periods for recordkeeping requirements;

(g) It informs respondents of the information called for under 5 CFR 1320.8 (b)(3) about:

(i) Why the information is being collected;

(ii) Use of information;

(iii) Burden estimate;

(iv) Nature of response (voluntary, required for a benefit, or mandatory);

(v) Nature and extent of confidentiality; and

(vi) Need to display currently valid OMB control number;

(h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected.

(i) It uses effective and efficient statistical survey methodology (if applicable); and

(j) It makes appropriate use of information technology.

If you are unable to certify compliance with any of these provisions, identify the item by leaving the box unchecked and explain the reason in the Supporting Statement.

Certification Date: 12/16/2008

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