NESHAP for Hazardous Waste Combustors (40 CFR Part 63, Subpart EEE) (Proposed Rule)
Revision of a currently approved collection
No
Regular
02/27/2026
Requested
Previously Approved
36 Months From Approved
05/31/2028
1,547
1,467
61,520
59,100
2,590,000
2,770,000
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.
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.
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:
(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;
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.
Form 5900-TBD 63.1211(a) Excess Emissions CMS Report
1773t14.xlsx
1773ss14.docx
NESHAP for Hazardous Waste Combustors - Private Sector