NESHAP for Hazardous Waste Combustors (40 CFR Part 63, Subpart EEE) (Proposed Rule)

Forms and Documents

Forms and supporting documents for this ICR

Document	Type	Status	Availability
Form 5900-TBD 63.1211(a) Excess Emissions CMS Report	Form and Instruction	Modified	Available
Form 5900-TBD 63.1210(d) Notification of Compliance	Form and Instruction	Modified	Repair queued
1773t14.xlsx	Supplementary Document	Uploaded 2026-02-23	Repair queued
1773ss14.docx	Supporting Statement A	Uploaded 2026-02-23	Repair queued

IC Document Collections

Information collection document groups

IC ID	Collection	Type	Status	Form
23967	NESHAP for Hazardous Waste Combustors - Private Sector	Form and Instruction	Modified	63.1211(a) Excess Emissions CMS Report
23967	NESHAP for Hazardous Waste Combustors - Private Sector	Form and Instruction	Modified	63.1210(d) Notification of Compliance
23967	NESHAP for Hazardous Waste Combustors - Private Sector	Other-CEDRI & ERT Pages	Modified

ICR Details

OMB Control No: 2060-0743	ICR Reference No: 202602-2060-006
Status: Received in OIRA	Previous ICR Reference No: 202301-2060-013
Agency/Subagency: EPA/OAR	Agency Tracking No: 1773.14
Title: NESHAP for Hazardous Waste Combustors (40 CFR Part 63, Subpart EEE) (Proposed Rule)
Type of Information Collection: Revision of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular	Date Submitted to OIRA: 02/27/2026

table that charts list comparision

	Requested	Previously Approved
Expiration Date	36 Months From Approved	05/31/2028
Responses	1,547	1,467
Time Burden (Hours)	61,520	59,100
Cost Burden (Dollars)	2,590,000	2,770,000

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Abstract: This proposal presents the results of the U.S. Environmental Protection Agencys (EPA) residual risk and technology review for the National Emission Standards for Hazardous Air Pollutants (NESHAP) from Hazardous Waste Combustors (HWC) as required under the Clean Air Act (CAA). In this action, the EPA is proposing to establish emission limits and work practice standards for hydrogen fluoride and hydrogen cyanide emissions from HWC incinerators, cement kilns, solid fuel boilers, and liquid fuel boilers; eliminate the startup, shutdown, and malfunction (SSM) exemption; add a work practice standard for periods of SSM; add electronic reporting procedures and requirements; allow states to choose to exempt area sources from certain permitting requirements; and other clarifications and corrections. In response to comments received on certain aspects of the July 24, 2024, proposed revisions for periods of malfunction, the EPA is withdrawing that proposed rule and instead proposing different provisions to address periods of SSM.

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Authorizing Statute(s): US Code: 42 USC 7401 et seq Name of Law: Clean Air Act
  

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
2060-AV96	Proposed rulemaking	90 FR 50814	11/10/2025

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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

table that charts list of burden

IC Title	Form No.	Form Name
NESHAP for Hazardous Waste Combustors - Private Sector	5900-TBD, 5900-TBD	63.1210(d) Notification of Compliance ,   63.1211(a) Excess Emissions CMS Report

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ICR Summary of Burden

table that charts list of burden

	Total Request	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	1,547	1,467	0	80	0	0
Annual Time Burden (Hours)	61,520	59,100	0	2,420	0	0
Annual Cost Burden (Dollars)	2,590,000	2,770,000	0	-180,000	0	0

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

Burden Increase Due to: Miscellaneous Actions

Burden decreases because of Program Change due to Agency Discretion: No

Burden Reduction Due to:

Short Statement: This ICR is prepared for proposed amendments to the Hazardous Waste Combustor NESHAP (40 CFR Part 63, Subpart EEE). These proposed amendments, if finalized, would: (1) Adjust references to the Part 63 General Provisions (40 CFR, Part 63, Subpart A) ; (2) Add electronic submittal of performance test reports; performance evaluation reports; eligibility demonstrations; periodic startup, shutdown, and malfunction reports; notifications of intent to comply; notifications of compliance; compliance progress reports; and excess emissions and CMS performance and summary reports; (3) Make technical and editorial changes including: establishing emission standards for hydrogen fluoride and hydrogen cyanide for some subcategories, as required; establishing work practice standards for periods of startup, shutdown, and malfunction; allowing states to choose to exempt area sources from the requirement to obtain a title V permit; removing the requirement that carbon monoxide is kept between the average and maximum reported values during the confirmatory performance test; explicitly allowing incorporation by reference of operating parameter limits determined during the comprehensive performance test into title V permits; clarifying that a relative accuracy test audit must be performed within 60 days of every comprehensive performance test; removing the requirement that sources install and operate particulate matter CEMS; removing references that were incorrectly incorporated by reference and have since expired; clarifying the demonstration of compliance timeframe for new standards and removing an outdated demonstration of compliance timeframe for the 2005 hazardous waste combustor NESHAP; updating definitions; clarifying that records must be kept of operating conditions during performance testing; clarifying appropriate compliance demonstration methods; clarifying the obligations of sources if they fail to meet an applicable standard; updating outdated web and electronic mailing addresses; and other minor editorial corrections. This ICR reflects only the changed burden associated with the proposed rule revisions. Additional burden was added to review the amendments, review new electronic reporting forms, adjust recordkeeping processes to ensure data needed to complete the reporting forms are collected in the proper format, support performance testing, and notify the EPA of various changes. Burden was decreased due to the removal of the requirement that units install and operate particulate matter CEMS and mailing physical communications that will be replaced with electronic reporting. The number of respondents was also updated for the changes due to the proposed amendments only based on the updated facility list developed for the notice of proposed rulemaking.

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Annual Cost to Federal Government: $413,880

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

Does this ICR request any personally identifiable information (see OMB Circular No. A-130 for an explanation of this term)? Please consult with your agency's privacy program when making this determination.     No

Does this ICR include a form that requires a Privacy Act Statement (see 5 U.S.C. §552a(e)(3))? Please consult with your agency's privacy program when making this determination.     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]? No

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? No

Is this ICR related to the Pandemic Response? No

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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: 02/27/2026

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