SUPPORTING STATEMENT FOR 

EPA INFORMATION COLLECTION REQUEST NUMBER 2493.01

REPORTING AND RECORDKEEPING REQUIREMENTS 

For the Proposed Rule:

CATEGORICAL NON-WASTE DETERMINATION FOR SELECTED NON HAZARDOUS SECONDARY
MATERIALS (NHSMs): 

CONSTRUCTION AND DEMOLITION WOOD, RECYCLING PROCESS RESIDUALS,

and CREOSOTE-TREATED RAILROAD TIES

(Additions to List of Section 241.4 Categorical Non-Waste Fuels)

August 27, 2013

(revised 10/30/2013)

TABLE OF CONTENTS

1.	IDENTIFICATION OF THE INFORMATION COLLECTION	1

1(a)	Title and Number of the Information Collection	1

1(b)	Background and Short Characterization	1

2.	NEED FOR AND USE OF THE COLLECTION	2

2(a)	Need and Authority for the Collection	2

2(b)	Practical Utility and Users of the Data	2

3.	NONDUPLICATION, CONSULTATIONS, AND OTHER 

	COLLECTION CRITERIA 	2

3(a)	Nonduplication	2

3(b)	Public Notice	3

3(c)	Consultations	3

3(d)	Effects of Less Frequent Collection	3

3(e)	General Guidelines	3

3(f)	Confidentiality	3

3(g)	Sensitive Questions	4

4.	THE RESPONDENTS AND THE INFORMATION REQUESTED	4

4(a)	Respondents and NAICS Codes	4

4(b)	Information Requested	4

5.	THE INFORMATION COLLECTED -- AGENCY ACTIVITIES, COLLECTION
METHODOLOGY, AND INFORMATION MANAGEMENT	5

5(a)	Agency Activities	5

5(b)	Small Entity Flexibility	5

6.	ESTIMATING THE HOUR AND COST BURDEN OF THE COLLECTION	5

6(a)	Estimating Respondent Burden	6

6(b)	Estimating Respondent Costs	6

6(c)	Estimating Agency Burden and Costs	7

6(d)	Estimating the Respondent Universe and Total Burden and Costs	7

6(e)	Bottom Line Burden Hours and Costs	8

6(f)	Reason for Change in Burden	9

6(g) 	Burden Statement	9

EXHIBITS

Exhibit 1:  Estimated Respondent Burden and Cost	10

Exhibit 2:  Estimated Agency Burden and Cost	11

Exhibit 3:  Estimated Average Burden per Respondent	12

1.	IDENTIFICATION OF THE INFORMATION COLLECTION

1(a)	Title and Number of the Information Collection

	This information Collection Request (ICR) is entitled “Categorical
Non-Waste Determination for Selected Non Hazardous Secondary Materials
(NHSM): Construction and Demolition Wood, Recycling Process Residuals,
and Creosote-Treated Railroad Ties (Additions to List of Section 241.4
Categorical Non-Waste Fuels),” ICR Number 2493.01.

1(b)	Background and Short Characterization

	Section 129 of the Clean Air Act (CAA) directs EPA to promulgate
regulations to control emissions of nine specified pollutants from
“solid waste incineration units.” EPA did so in December 2000 with
the publication of the final Standards of Performance for New Stationary
Sources and Emission Guidelines for Existing Sources: Commercial and
Industrial Solid Waste Incineration Units (the “CISWI Rule”).  In
September 2004, under section 112(d) of the CAA, the Agency promulgated
the National Emissions Standards for Hazardous Air Pollutants for
Industrial, Commercial, and Institutional Boilers and Process Heaters
(the “Boilers Rule”).  This rule established Maximum Achievable
Control Technology (MACT) standards for this source category.  Units
regulated under section 129 cannot be subject to any rule promulgated
under section 112.

	Responding to a petition for reconsideration, EPA amended the CISWI
Rule in September 2005 with a rule that revised definitions for “solid
waste,” “commercial or industrial waste,” and “commercial and
industrial solid waste incineration unit” (the “CISWI Definitions
Rule”).  As part of the CISWI Definitions Rule, EPA made a distinction
between solid waste incinerators and boilers, characterizing the former
as units that are designed and operated to discard materials through
high temperature combustion. However, EPA excluded from the definition
of a solid waste incinerator those units designed to recover energy for
“useful purposes such as steam generation or process heating.”

In July 2007, the Court of Appeals for the District of Columbia Circuit
vacated and remanded to EPA both the CISWI Definitions Rule and the
Boilers Rule. In vacating the Definitions Rule, the Court noted that,
despite the potential reasonableness of the functional distinction
between boilers and incinerators, the CAA is unambiguous in its
requirement that EPA regulate as a solid waste incineration unit any
commercial or industrial incinerator that combusts any solid waste
material, regardless of whether the waste is burned as a “fuel.” 
The Court also concluded that EPA erred in excluding from the CISWI
Definitions Rule units that combust solid waste for the purposes of
energy recovery and including these units in the Boilers Rule.  

In partial response to the Court’s decision, EPA published the
Non-Hazardous Secondary Materials (NHSM) Rule on March 21, 2011. 
Amendments to this rule were published in the Federal Register on
February 7, 2013.  These amendments provided clarification on certain
issues on which EPA received new information, as well as specific
targeted revisions.  In addition, these amendments listed several NHSMs
as categorical non-wastes when used as fuels.  The Agency also indicated
that we would consider adding additional materials to the categorical
listings as more information became available.  

	The rule associated with this ICR Supporting Statement proposes to add
three additional materials to the list of categorical non-waste fuels:
(1) construction and demolition (C&D) wood processed by trained workers
from construction and demolition debris according to best management
practices; (2) paper recycling residuals (PRRs), including old
corrugated cardboard (OCC) rejects, generated from the recycling of
recovered paper and paperboard products and burned on-site by paper
recycling mills whose boilers are designed to burn solid fuel, and (3)
creosote-treated railroad ties that are processed and combusted in units
designed to burn both biomass and fuel oil.  This ICR is a description
of the indirect information collection requirements associated with the
proposed rule. 

2.	NEED FOR AND USE OF THE COLLECTION

2(a) 	Need and Authority for the Collection 

The requirements covered in this ICR are necessary for the EPA to
identify appropriately processed non-hazardous secondary materials that
are solid waste when combusted and to enforce Sections 112 and 129 of
the Clean Air Act. The EPA is proposing the establishment of these
information collection requirements under the authority of the Clean Air
Act, subject to the non solid waste characterization established under
the Resource Conservation and Recovery Act (RCRA).  

2(b) 	Practical Utility and Users of the Data 

The EPA will use the collected information, if any, to ensure that
non-hazardous secondary materials that are solid wastes are managed as
such and that combustion units that use these materials are regulated
under the appropriate Section(s) of the Clean Air Act.  

3.	NONDUPLICATION, CONSULTATIONS, AND OTHER COLLECTION CRITERIA 

3(a)	Non duplication

None of the information required by the rule, as proposed, would
duplicate information required by existing RCRA or CAA regulations.  No
other Federal agency or department is known to collect this information.

3(b)	Public Notice

In compliance with the Paperwork Reduction Act of 1995, the EPA plans to
open a public comment period at the time that the Proposed Rule is
published in the Federal Register. 

	As part of the Federal Register notice on the proposed regulation, the
EPA is soliciting comments on this information collection and the
estimates in this ICR.  The EPA will solicit comments on specific
aspects of the proposed information collection, as described below:

1) Whether the Agency’s burden estimate is accurate; and

2) How to minimize the burden on respondents, including use of
appropriate automated electronic, mechanical, or other forms of
information technology.

3(c)	Consultations tc \l2 "3(c)	Consultations 

The EPA consulted with and collected information from various interested
parties throughout the development of the proposed rule. The EPA met and
communicated with industry associations, generators and users of the
materials potentially affected by the rule, as well as other interested
parties.  The estimates in this ICR reflect the data and assumptions
that EPA has developed.  The documents and data provided, summaries of
the meetings, and/or telephone conversations with interested parties are
available in the docket for the rule.

Presented below is a representative sample of contacts that provided
data and information that contributed in some way to the development of
the proposed rule, and this ICR:

American Forest and Paper Association (202-463-2700,   HYPERLINK
"mailto:info@afandpa.org"  info@afandpa.org )

Broad Run Construction Waste Recycling (571-292-5333,   HYPERLINK
"mailto:kherb1956@aol.com"  kherb1956@aol.com )

Bayshore Recycling (732-738-6000,   HYPERLINK
"mailto:gsondermeyer@bayshorerecycling.com" 
gsondermeyer@bayshorerecycling.com )

Industrial Economics, Inc. (EPA contractor) (617-354-0074) 

Association of American Railroads (202-639-2100)

Treated Wood Council (202-463-2045)

 3(d)	Effects of Less Frequent Collection tc \l2 "3(d)	Effects of Less
Frequent Collection 

The EPA has carefully considered the burden imposed upon the regulated
community by the rule, as proposed.  EPA is confident that the
activities required of respondents are necessary, and to the extent
possible, the Agency has attempted to minimize the burden imposed. The
Agency strongly believes that, if the minimum informational requirements
of the rule are not met, neither industry nor the EPA will be able to
ensure that non-hazardous secondary materials that are solid wastes are
managed in a manner that is protective of human health and the
environment.

3(e)	General Guidelines tc \l2 "3(e)	General Guidelines 

This ICR adheres to the guidelines stated in the Paperwork Reduction Act
of 1995, OMB’s implementing regulations, EPA’s ICR Handbook, and
other applicable OMB guidance.

Any information collections performed under this clearance will follow
all of OMB’s General Guidelines regarding data collection.

3(f)	Confidentiality tc \l2 "3(f)	Confidentiality 

Section 3007(b) of RCRA and 40 CFR Part 2, Subpart B, which defines
EPA’s general policy on public disclosure of information, contain
provisions for confidentiality.  However, the Agency does not anticipate
that businesses will assert a claim of confidentiality covering all or
part of the rule.  However, if such a claim is asserted, the EPA must,
and will treat the information in accordance with the regulations cited
above. The Agency will also ensure that this information collection
complies with the Privacy Act of 1974 and OMB Circular A-130.

3(g)	Sensitive Questions tc \l2 "3(g)	Sensitive Questions 

No questions of a sensitive nature are included in the information
collection requirements associated with the rule.

4.	THE RESPONDENTS AND THE INFORMATION REQUESTED tc \l1 "4.	THE
RESPONDENTS AND THE INFORMATION REQUESTED 

4(a)	Respondents and NAICS Codes tc \l2 "4(a)	Respondents and SIC/NAICS
Codes 

The following is a list of North American Industrial Classification
System (NAICS) codes associated with the facilities potentially affected
by this ICR.

Industry Category or Sub Category

	NAICS

Utilities	221

Construction of Buildings	236

Site Preparation Contractors	238910

Manufacturing	31, 32, 33

Wood Product Manufacturing	321

Sawmills	321113

Cement Manufacturing 	32731

Waste Management and Remediation Services	562





This table is not intended to be exhaustive, but rather provides a guide
for readers regarding entities likely to be impacted by this action. 

4(b)	Information Requested

This section describes information collection requirements applicable to
entities that would be affected by the rule, as proposed.  

Petition Process

	The rule does not contain a petition process.

Notification 

The rule does not contain any notification requirements.

Rule Familiarization (Reading the Regulations)		

(i) Data items: 

None.

(ii) Respondent activities: 

	It is expected that entities potentially affected (indirectly) by the
rule will need to read it to assess how it may affect their operations. 

Title V Permitting		

Under the rule, as proposed, some combustion units that are currently
regulated under Section 129 of the Clean Air Act may have the
opportunity to be newly regulated under Section 112.  For a limited
number of units, this change in regulatory status could potentially
trigger reduced permitting requirements.  This would be an indirect
impact of the rule, and would not represent any direct burden change
under this RCRA action, as proposed.

5.	THE INFORMATION COLLECTED—AGENCY ACTIVITIES, COLLECTION
METHODOLOGY, AND INFORMATION MANAGEMENT 

5(a)	Agency Activities 

Because the rule, as proposed, contains no notification requirements,
the Agency will not engage in notification review.

5(b)	Collection Methodology and Management

This is not a survey ICR that requires primary (first hand) data
collection.  The data used in this ICR were collected from secondary
sources and past EPA analyses that employed quality controlled data.  

5(c)	Small Entity Flexibility 

The self-implementing approach for non-waste determinations would
provide small entities with flexibility to minimize any burden
indirectly associated with the rule, as proposed.  Under this approach,
small entities would not be required to submit any paperwork to EPA or
state agencies.   

	5(d)	Collection Schedule

	There are two burden categories associated with this action: reading
and understanding the rule, and certification statements for affected
facilities.  Reading and understanding the rule is a one-time burden
expected to occur to affected facilities within one month following
final rule publication.  The schedule for preparation and submission of
certification statements for affected facilities is not possible for the
Agency to determine and will occur based on each facility’s needs and
production schedule.  

6.	ESTIMATING THE HOUR AND COST BURDEN OF THE COLLECTION  

	This section provides information on the cost and burden associated
with the information collection for both the respondents and the Agency.
 It presents these cost and burden estimates as individual costs per
respondent, and as an aggregate cost for the entire respondent universe
and the Agency on an annual basis and over the entire period covered by
the ICR.

6(a)	Estimating Respondent Burden

	In Exhibit 1, we estimate the respondent burden associated with the
proposed rule.  As shown in the Exhibit, we estimate that the one-time
respondent burden for rule familiarization is one hour per facility
(respondent), recognizing that rule familiarization would occur on a per
facility basis. In addition to rule familiarization, construction and
demolition (C&D) wood processing facilities would incur a one-time
burden associated with the preparation of a certification statement
necessary to assure the burners that the C&D wood received from such
processing facilities is clean, and has been processed according to best
management practices. We estimate that C&D wood processors would need
approximately 4.1 hours to prepare the certification statement.  This
certification statement is an indirect requirement of the proposed rule.
  

 	6(b)	Estimating Respondent Costs

Labor Costs 

Exhibit 1 summarizes the total costs of the burden associated with the
proposed rule.  As indicated in the exhibit, the rule familiarization
cost is estimated at $74.20 per facility (respondent).  C&D wood
processing facilities are also estimated to incur an indirect
burden-related cost of $298.65 per facility for preparation of the
certification statement.  These cost estimates reflects the total cost
of labor (base wage rate plus benefits plus labor related overhead). 
For purposes of this analysis, we have estimated an average hourly
respondent total labor cost of $92 for legal personnel, $76 for
managerial, $66 for technical staff, and $29 for clerical staff.  

	Capital and Operation & Maintenance Costs

Capital costs usually include any produced physical good necessary to
provide the required information, such as machinery, computers, and
other equipment.  The Agency does not anticipate that respondents will
incur capital costs associated with this action.

O&M costs are those costs associated with materials and services
procured for the information collection requirements included in the
ICR.  For this ICR, O&M costs may include the costs of supplies used in
the preparation of each C&D wood certification statement (e.g., paper,
photocopies, postage).  These O&M costs are believed to be negligible
(less than $1 per certification) and have not been incorporated into
Exhibit 1. 

	Capital/Start-up Operating and Maintenance (O&M) Costs

	There are no operating and maintenance capital or start-up costs
associated with this action.

 

	Annualizing Capital Costs

	There are no capital costs associated with this action, thus there are
no capital costs to annualize.

6(c)	Estimating Agency Burden and Costs

As indicated in Exhibit 2, there is no Agency burden or cost associated
with this RCRA action. 

6(d)	Estimating the Respondent Universe and Total Burden and Costs

Respondent Universe 

The number of affected entities varies by information collection
activity, as summarized below: 

Rule Familiarization: We estimate that a total of 605 facilities will
incur rule familiarization costs under the Proposed Rule.  This estimate
is based upon information compiled by the EPA on the number of
potentially affected generators/processors and burners of the
non-hazardous secondary materials addressed in this action.  

Our sources indicated there may be anywhere from 300 to 500 C&D wood
processing facilities operating in the U.S. who may be impacted by this
action.  We use the high estimate of 500 facilities in this ICR.  In
addition, there may be up to 20 different paper recycling mills that may
be impacted by this action, and approximately 15 Creosote Treated
Railroad Tie recovery companies operating in North America.  Based on
the information presented in Table 5 of the Boiler MACT Preamble (40 CFR
Part 63. January 31, 2013), we estimate there may be as many as 70
biomass capable section 112 facilities in the U.S., operating boilers or
process heaters that may burn the non waste material that goes off-site.
 Exhibit 1 presents the sources for these estimates.

Certification Statement: We estimate that there may be approximately 500
C&D wood processing facilities that may need to prepare the
certification statement indirectly required by this rule, as proposed.  

Respondent Burden and Cost

Based on the universe data presented above, the EPA estimates the
aggregate respondent burden associated with all of the new information
collection requirements covered in this ICR.  A discussion of the
assumptions used in developing these burden estimates follows.  

Rule Familiarization

As shown in Exhibit 1, we estimate that a total of 605 potentially
affected facilities will need to read and understand the rule.  We
estimate that the per-facility burden for rule familiarization is one
hour, with a cost of approximately $74.20 per facility. 

Certification Statement

As shown in Exhibit 1, we estimate that as many as 500 potentially
affected C&D wood processors facilities may need to prepare the
certification statement.  The estimated per facility burden of this
certification statement is 4.1 hours, and the estimated cost per
facility is $298.65.

6(e)	Bottom Line Burden Hours and Costs

Respondent Burden and Costs

In Exhibit 1, we present the total respondent burden and cost for the
rule familiarization and the certification statement.  The total
respondent burden and costs for these requirements are as follows:

Rule Familiarization

All potentially affected facilities will incur the one-time cost of
reading the rule. EPA estimates that the total burden for rule
familiarization is 605 hours.  At the cost of $74.20 per hour, the
associated aggregate cost is estimated at $44,891.  Averaged over the
three year period of this ICR the total annual cost is estimated at
$14,964.  

 Certification Statement

Affected C&D wood processing facilities are expected to incur a one-time
cost of preparing the certification statement.  The estimated (one-time)
aggregate burden for respondents is 2,050 hours and the estimated
(one-time) aggregate cost is approximately $149,325.  Averaged over the
three year period of this ICR the total annual cost is estimated at
$49,775.  

Agency Burden and Costs

There is no total Agency burden and cost associated with the paperwork
requirements for the rule.  

	Variations In The Annual Bottom Line

We do not expect a significant variation (>25%) in the annual respondent
reporting/recordkeeping burden or cost over the course of the clearance
period for this ICR.

6(f)	Reasons for Change in Burden 

As described in this ICR, the EPA expects that the rule, as proposed,
will result in an increase in burden to selected entities. This increase
in burden reflects the specific paperwork requirement indirectly
established in association with the C&D wood processor certification
statement.  The Agency has determined that this requirement is necessary
for informed assessments of the waste status of certain secondary
materials, and to ensure that non-hazardous secondary materials are
managed in a manner that is consistent with their status as a waste or
non-waste.  

6(g)	Burden Statement

	Exhibit 3 summarizes the average burden associated with each of the
paperwork requirements associated with the rule, presented separately
for regulated entities and the EPA.  The paperwork requirements
reflected in the exhibit include one-time activities for (1) the
certification statement for C&D wood processors, and (2) rule
familiarization.  

	As indicated in Exhibit 3, we estimate the total burden associated with
one-time activities as a range for regulated entities and EPA.  This is
because the burden per respondent depends on whether the respondent
files a petition for non-waste determination.         

	To comment on the Agency's need for this information, the accuracy of
the provided burden estimates, and any suggested methods for minimizing
respondent burden, including the use of automated collection techniques,
the EPA has established a public docket for this ICR under Docket ID
Number EPA-HQ-RCRA-2013-0110, which is available for online viewing at  
HYPERLINK "http://www.regulations.gov"  www.regulations.gov , or in
person viewing at the RCRA Docket in the EPA Docket Center (EPA/DC), EPA
West, Room 3334, 1301 Constitution Avenue, NW, Washington, D.C.  The EPA
Docket Center Public Reading Room is open from 8:30 a.m. to 4:30 p.m.,
Monday through Friday, excluding legal holidays.  The telephone number
for the Reading Room is (202) 566-1744, and the telephone number for the
RCRA Docket is (202) 566-0270.  An electronic version of the public
docket is available at www.regulations.gov.  This site can be used to
submit or view public comments, access the index listing of the contents
of the public docket, and to access those documents in the public docket
that are available electronically.  When in the system, select
“search,” then key in the Docket ID Number identified above.  Also,
you can send comments to the Office of Information and Regulatory
Affairs, Office of Management and Budget, 725 17th Street, NW,
Washington, D.C. 20503, Attention: Desk Officer for EPA.  Please include
the EPA Docket ID Number EPA-HQ-RCRA-2013-0110 and the OMB Control
Number in any correspondence.



	Exhibit 1 - Estimated Respondent  Burden and Cost



                                                           Hours and
Costs/hour per Respondent                                               
                                                                  Total
Hours and  Cost



ACTIVITY	

Legal

$92

	

Managerial

$76

	

Technical

$66	

Clerical

$29	

Respondent Hours	

Labor Cost	

Capital/

Startup Cost	

O&M

Cost	

Cost per Respondent

	Number of Respondents	

Total Hours	

Total Cost



RULE FAMILIARIZATION – Read the rule (one-time burden and cost)

Affected Facilities	0.2	0.3	0.5	0.0	1.0	$74.20	$0.0	$0.0	$74.20	605	605
$44,891



CERTIFICATION STATEMENT FOR AFFECTED FACILITIES:

Affected Facilities	1.00	1.50	1.25	0.35	4.10	$298.65	$0.0	$0.0	$298.65
500	2,050	$149,325

Note:  Wage rates are loaded estimates.

Sources:  

Additions to List of Section 241.4 Categorical Non-Waste Fuels, Proposed
Rule

U.S. EPA, Office of Resource Conservation and Recovery.  Assessment of
the Potential Costs, Benefits, and Other Impacts for the Proposed Rule:
Categorical Non-Waste Determination for Selected Non Hazardous Secondary
Materials (NHSM): Construction and Demolition Wood, Recycling Process
Residuals, and Creosote-Treated Railroad Ties (Additions to List of
Section 241.4 Categorical Non-Waste Fuels).

National Emission Standards for Hazardous Air Pollutants for Major
Sources: Industrial, Commercial, and Institutional Boilers and Process
Heaters; Final Rule (40 CFR Part 63. January 31, 2013).

U.S. EPA, Office of Resource Conservation and Recovery. August 24, 2009.
Waste and Materials-Flow Benchmark Sector Report: Beneficial Use of
Secondary Materials - Construction & Demolition Materials.

Franklin Associates. June 1998. Characterization of Building-Related
Construction and Demolition Debris in the United States.

Generation, Management, and Processing of Paper Processing Residuals. 
Industrial Economics Corporation (IEc.) October 26, 2012. 

Assumptions:

Based on the information presented in Table 5 of the Preamble (40 CFR
Part 63. January 31, 2013), we estimate there are approximately 60 to 70
biomass capable section 112 facilities in the U.S., operating boilers or
process heaters.  We assume that facilities with exclusive non biomass
capable units (e.g., gas 1, light or heavy liquid units, coal units)
would have no interest in taking the time to read the rule.  An unknown
number of CISWI facilities and other interested parties may read the
rule.

EPA (August 24, 2009) estimates there are 3,300 C&D materials recycling
facilities operating nationwide.  This includes approximately 3,000
concrete and asphalt recyclers, which leaves about 300 mixed debris
(including wood processing) facilities.  Franklin Associates (June 1998)
estimates there were about 500 wood waste processing facilities
operating in the U.S. in the late 1990’s.  We use the high estimate of
500 facilities in this ICR.

Based on IEc. paper referenced above, there are approximately 15 to 20
different paper recycling mills that may be impacted by this action.

Information submitted to the Agency indicates there are approximately 15
Creosote Treated Railroad Tie recovery companies operating in North
America (see Preamble to the Proposed Rule). 

	Exhibit 2 - Estimated Agency Burden and Cost



                                                           Hours and
Costs per Respondent                                                    
                                                                   Total
Hours and Costs



INFORMATION COLLECTION ACTIVITY	

Legal

	

Mgr.

	

Tech.

	

Cler.

	

Respon. Hours	

Labor Cost	

Capital/

Startup Cost	

O & M 

Cost	

Total Cost per Respondent	Number of Respondents	

Total Hours	

Total Cost





There is no estimated Agency burden or cost associated with the RCRA
action.  Enforcement of the C&D wood processing certification statement
falls under the Clean Air Act. 



Exhibit 3

Estimated Average Burden per Respondent (hours)



	Regulated Entities	EPA

Burden for one-time activities



Rule Familiarization (one-time burden)	1.0	N/A

Certification Statement (one-time burden)	4.1	N/A









 However, sources have the option to switch back and forth between CAA
sections 112 and 129 applicability.

 OMB Circular A-130 rescinded OMB Circular A-108.

 The EPA previously made final a rulemaking process in §241.4(b) that
provides persons an opportunity to submit a rulemaking petition to the
Administrator, seeking a determination for additional NHSMs to be
categorically listed in §241.4(a) as non-waste fuels.

 Anecdotal information from selected C&D wood processors indicates that
an undetermined number of processors currently prepare and submit to
burners a “best practices” certification statement as part of their
standard business practice.  In addition, contractual arrangements
between some burners and processors often require “clean wood”
processed according to best practices.  Thus, the actual incremental
aggregate cost for this burden activity may be considerably lower than
the estimate presented here.      

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