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EPA/SWER RIN: 2050-AG24 Publication ID: Spring 2007 
Title: Expanding the Comparable Fuels Exclusion Under RCRA 
Abstract: EPA currently excludes specific industrial wastes, also known as comparable fuels, from most Resource Conservation and Recovery Act (RCRA) hazardous waste management requirements when the wastes are used for energy production and do not contain hazardous constituent levels that exceed those found in a typical benchmark fuel that facilities would otherwise use. Using such wastes as fuel saves energy by reducing the amount of hazardous waste that would otherwise be treated and disposed; promotes energy production from a domestic, renewable source; and reduces use of fossil fuels. With an interest in supplementing the Nation’s energy supplies and to ensure that energy sources are managed only to the degree necessary to protect human health and the environment, EPA, as part of the Resource Conservation Challenge, is examining the effectiveness of the current comparable fuel program and considering whether other industrial wastes could be safely used as fuel as well. 
Agency: Environmental Protection Agency(EPA)  Priority: Other Significant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Proposed 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  06/00/2007    
Additional Information: SAN No. 4977;
Regulatory Flexibility Analysis Required: No  Government Levels Affected: Federal, State 
Small Entities Affected: No  Federalism: No 
Included in the Regulatory Plan: Yes 
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

Hugh Davis
Environmental Protection Agency
Solid Waste and Emergency Response
5302P,
Washington, DC 20460
Phone:703 306-0206
Fax:703 308-8433
Email: davis.hugh@epa.gov