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EPA/SWER RIN: 2050-AG24 Publication ID: Spring 2008 
Title: Expanding the Comparable Fuels Exclusion Under RCRA 
Abstract: EPA has proposed to expand the comparable fuel exclusion under the rules implementing subtitle C of the Resource Conservation and Recovery Act (RCRA) for fuels that are produced from hazardous waste but which generate emissions that are comparable to emissions from burning fuel oil when such fuels are burned in an industrial boiler. Such excluded fuel would be called emission-comparable fuel (ECF). ECF would be subject to the same specifications that currently apply to comparable fuels, except that the specifications for certain hydrocarbons and oxygenates would not apply. The ECF exclusion would be 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 storing ECF for which conditions are typical of those for storage of commercial fuels, and are tailored for the hazards that ECF may pose. Comments were received by September 14, 2007. EPA is currently addressing issues raised by commenters and is developing the final rule. 
Agency: Environmental Protection Agency(EPA)  Priority: Other Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Final Rule Stage 
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  11/00/2008    
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: Yes 
RIN Information URL: 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