Withdrawing the Comparable Fuels Exclusion under RCRA (Final Rule)

ICR 201010-2050-001

OMB: 2050-0073

Federal Form Document

Forms and Documents
Document
Name
Status
Supplementary Document
2010-06-08
Supporting Statement A
2010-06-08
ICR Details
2050-0073 201010-2050-001
Historical Active 200907-2050-002
EPA/OLEM 1361.15
Withdrawing the Comparable Fuels Exclusion under RCRA (Final Rule)
Revision of a currently approved collection   No
Regular
Approved without change 10/04/2010
Retrieve Notice of Action (NOA) 10/04/2010
  Inventory as of this Action Requested Previously Approved
10/31/2013 07/31/2012 07/31/2012
1,969 0 4,959
238,785 0 205,933
27,059,000 0 25,773,547

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.

US Code: 42 USC 6901-6992k Name of Law: Resource Conservation & Recovery Act (RCRA)
  
None

2050-AG24 Final or interim final rulemaking 75 FR 33712 06/15/2010

No

  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
Yes
Changing Regulations
Yes
Changing Regulations
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.

$1,000
No
No
No
Uncollected
No
Uncollected
Shiva Garg 703 308-8459 [email protected]

  No

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:
 
 
 
 
 
 
 
    (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;
 
 
 
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.
06/15/2010


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