Withdrawing the Comparable Fuels Exclusion under RCRA (Proposed Rule)

Forms and Documents

Document Name	Status
1361supp14 - Exhibits.pdf Supplementary Document	2009-12-07
1361ss14.doc Supporting Statement A	2009-12-07

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	Modified

ICR Details

OMB Control No: 2050-0073	ICR Reference No: 200912-2050-001
Status: Historical Inactive	Previous ICR Reference No: 200907-2050-002
Agency/Subagency: EPA/OLEM	Agency Tracking No: 1361.14
Title: Withdrawing the Comparable Fuels Exclusion under RCRA (Proposed Rule)
Type of Information Collection: Revision of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular
OIRA Conclusion Action: Comment filed on proposed rule and continue	Conclusion Date: 02/26/2010
	Date Received in OIRA: 12/08/2009
Terms of Clearance: Terms of the previous clearance remain in effect. This OMB action is not an approval to conduct or sponsor an information collection under the Paperwork Reduction Act of 1995. This action has no effect on any current approvals. If OMB has assigned this ICR a new OMB Control Number, the OMB Control Number will not appear in the active inventory. For future submissions of this information collection, reference the OMB Control Number provided. In accordance with 5 CFR 1320, OMB is withholding approval for this request at this time. Prior to the publication of the final rule, the agency should provide a summary of all comments related to the information collection and any changes made in response to these comments.

	Inventory as of this Action	Requested	Previously Approved
Expiration Date	07/31/2012	36 Months From Approved	07/31/2012
Responses	4,959	0	4,959
Time Burden (Hours)	205,933	0	205,933
Cost Burden (Dollars)	25,773,547	0	25,773,547

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Abstract: EPA is now proposing to withdraw the conditional exclusion for Emission-Comparable Fuel because ECF appears to be better regarded as being a discarded material and regulated as a hazardous waste. This ICR estimates the reporting and recordkeeping burden of the proposed rule for the withdrawal of the expanded comparable fuel exclusion. This burden is exactly the same as the reduced burden due to the expanded comparable fuel exclusion calculated in ICR # 1361.12. This burden will be effective when the rule is promulgated and becomes effective sometime in 2011.

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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-AG57	Proposed rulemaking	74 FR 64644	12/08/2009

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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
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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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: This ICR has been prepared to show the paperwork burden as a result of withdrawing the comparable fuels rule. There was a negative burden associated with the expanded excluded comparable fuel rule, since the rule was deregulatory. The excluded comparable fuel is not a part of the hazardous waste universe, and so is not required to comply with the paperwork, reporting and recordkeeping requirements for hazardous wastes under RCRA. The paperwork burden associated with the withdrawal of the ECF exclusion will become effective when the rule is promulgated and becomes effective.

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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)? 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: 12/08/2009

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