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EPA/SWER

RIN: 2050-AG24

Publication ID: Spring 2009

Title: Expanding the Comparable Fuels Exclusion Under RCRA
Abstract: EPA has excluded from being solid wastes under subtitle C of the Resource Conservation and Recovery Act (RCRA) hazardous secondary materials whose emissions are comparable to fuel oil. This exclusion is allowed only when those materials are managed under conditions that assure they will not be discarded either when stored or burned. Such excluded fuel is called emission-comparable fuel (ECF). ECF is subject to the same specifications that currently apply to comparable fuels, except that the specifications for hydrocarbons and oxygenates do not apply. The ECF exclusion is conditioned on requirements including: (1) design and operating conditions for the ECF boiler to ensure that the ECF is burned under the good combustion conditions typical for oil-fired industrial boilers; and (2) conditions for tanks and containers storing ECF for which conditions are typical of those for storage of commercial fuels, and are tailored for the hazards that ECF may pose. EPA has addressed issues raised by commenters and has promulgated the final rule.
Agency: Environmental Protection Agency(EPA)	Priority: Other Significant
RIN Status: Previously published in the Unified Agenda	Agenda Stage of Rulemaking: Completed Actions
Major: No	Unfunded Mandates: No
CFR Citation: 40 CFR 261.38
Legal Authority: RCRA 4004

Legal Deadline: None

Timetable:

Action	Date	FR Cite
NPRM	06/15/2007	72 FR 33284
Notice: Extension of Comment Period	07/19/2007	72 FR 39587
Final Action	12/19/2008	73 FR 77954

Additional Information: SAN No. 4977; EPA publication information: NPRM - http://www.epa.gov/fedrgstr/EPA-AIR/2007/June/Day-15/a11130.pdf; EPA Docket information: EPA-HQ-RCRA-2005-0017; http://www.regulations.gov
Regulatory Flexibility Analysis Required: No	Government Levels Affected: Federal, State
Small Entities Affected: No	Federalism: No
Included in the Regulatory Plan: No
RIN Information URL: http://www.epa.gov/epaoswer/hazwaste/combust/compfuels/exclusion.htm
RIN Data Printed in the FR: No
Agency Contact: Mary Jackson Environmental Protection Agency Solid Waste and Emergency Response 1200 Pennsylvania Avenue NW, Mail Code 5304P, Washington, DC 20460 Phone:703 308-8453 Email: jackson.mary@epa.gov Shiva Garg Environmental Protection Agency Solid Waste and Emergency Response OS-322, 5302P, Washington, DC 20460 Phone:703 308-8459 Fax:703 308-8433 Email: garg.shiva@epa.gov