Withdrawing the Comparable Fuels Exclusion under RCRA (Final Rule)

Forms and Documents

Document Name	Status
1361supp15 - Exhibits.pdf Supplementary Document	2010-06-08
1361ss15.doc Supporting Statement A	2010-06-08

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	Removed

ICR Details

OMB Control No: 2050-0073	ICR Reference No: 201010-2050-001
Status: Historical Active	Previous ICR Reference No: 200907-2050-002
Agency/Subagency: EPA/OLEM	Agency Tracking No: 1361.15
Title: Withdrawing 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: 10/04/2010
	Date Received in OIRA: 10/04/2010
Terms of Clearance:

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	10/31/2013	07/31/2012	07/31/2012
Responses	1,969	0	4,959
Time Burden (Hours)	238,785	0	205,933
Cost Burden (Dollars)	27,059,000	0	25,773,547

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Abstract: This final action withdraws the conditional exclusion from regulations promulgated on December 19, 2008 under subtitle C of the Resource Conservation and Recovery Act (RCRA) for so-called Emission Comparable Fuel (ECF). These are fuels produced from hazardous secondary materials which, when burned in industrial boilers under specified conditions, generate emissions that are comparable to emissions from burning fuel oil in those boilers. EPA is withdrawing this conditional exclusion because the Agency has concluded that ECF is more appropriately classified as a discarded material and regulated as a hazardous waste. The exclusions for comparable fuel and synthesis gas fuel are not addressed or otherwise affected by this final rule. The burden reverts to the same levels that were present in ICR 1361.12.

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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	75 FR 33712	06/15/2010

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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: 1

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

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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	1,969	4,959	0	-2,990	0	0
Annual Time Burden (Hours)	238,785	205,933	0	32,852	0	0
Annual Cost Burden (Dollars)	27,059,000	25,773,547	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 withdrawing the Comparable Fuel Exclusion for certain fuels which will once again be classified as hazardous waste. These previously excluded fuels met certain specifications for physical properties and constituents, and had emissions comparable to emissions from burning fuel oils, when burned in industrial boilers. The overall increase in reporting and recordkeeping burden will occur as the previously excluded waste would again be subject to RCRA Subtitle C requirements for hazardous waste, however there is a partial reduction in burden due to the elimination of alternative requirements that applied to excluded emissions comparable fuels.

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Annual Cost to Federal Government: $1,000

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]? No

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)? No

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: 06/15/2010

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