Emission Guidelines for Existing Other Solid Waste Incineration (OSWI) Units (40 CFR part 60, subpart FFFF) (Final Rule)

Forms and Documents

Document Name	Status
2164t09.xlsx Supplementary Document	2025-06-30
2164ss09.docx Supporting Statement A	2025-06-30

IC Document Collections

IC ID	Document Title	Status
24807	Emission Guidelines for Existing Other Solid Waste Incineration (OSWI) Units (40 CFR part 60, subpart FFFF) Other-Screenshot	Modified

ICR Details

OMB Control No: 2060-0562	ICR Reference No: 202506-2060-010
Status: Received in OIRA	Previous ICR Reference No: 202204-2060-012
Agency/Subagency: EPA/OAR	Agency Tracking No: 2164.09
Title: Emission Guidelines for Existing Other Solid Waste Incineration (OSWI) Units (40 CFR part 60, subpart FFFF) (Final Rule)
Type of Information Collection: Revision of a currently approved collection	Common Form ICR:  No
Type of Review Request: Regular	Date Submitted to OIRA: 06/30/2025

	Requested	Previously Approved
Expiration Date	36 Months From Approved	06/30/2025
Responses	27	407
Time Burden (Hours)	2,390	91,600
Cost Burden (Dollars)	87,000	630,000

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Abstract: The Emission Guidelines for Existing Other Solid Waste Incineration (OSWI) Units (40 CFR Part 60, Subpart FFFF) were proposed on December 9, 2004 (69 FR 71472), promulgated on December 16, 2005 (70 FR 74892), and amended on November 24, 2006 (71 FR 67806). Under the proposed rule, the Emission Guidelines apply to any air quality program in either a state or a United States protectorate with one or more existing OSWI units or air curtain incinerators that commenced construction either on or before December 9, 2004. The affected OSWI units include two additional sub-categories: very small municipal waste combustion (VSMWC) units that combust less than 35 tons per day (TPD) of waste and institutional waste incineration (IWI) units. This Subpart does not directly affect incineration unit owners and operators; however, they must comply with the states plan that was developed by the air quality program administrator to implement the emission guidelines. On August 31, 2020, the EPA published a proposed rule in the Federal Register for the OSWI NSPS and EG rules that addressed the requisite CAA section 129(a)(5) periodic review (85 FR 54178), as well as other proposed changes to the standards. The EPA is finalizing its CAA section 129(a)(5) review, including our determination that there are no developments in practices, processes, or control technologies that warrant revisions to the OSWI standards and requirements. The EPA is finalizing certain other revisions, including the addition of a subcategory of new VSMWC or IWI units that have a capacity to combust less than 10 TPD of waste that are constructed on or after August 30, 2020, including changes to applicability-related and definitional changes; changes to the startup, shutdown, and malfunction (SSM) provisions; changes to testing, monitoring, recordkeeping, and reporting requirements; and other miscellaneous technical and editorial changes. The EPA is also finalizing electronic reporting requirements for submittal of certain reports and performance test results. This ICR includes the burden associated with the existing rule requirements and the incremental burden associated with the final rule. This information is being collected to assure compliance with 40 CFR Part 60, Subpart FFFF.

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Authorizing Statute(s): US Code: 42 USC 7401 et seq Name of Law: Clean Air Act
  

Citations for New Statutory Requirements: None

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Associated Rulemaking Information
RIN:	Stage of Rulemaking:	Federal Register Citation:	Date:
2060-AU60	Final or interim final rulemaking	90 FR 27910	06/30/2025

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Federal Register Notices & Comments

Did the Agency receive public comments on this ICR? No

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Number of Information Collection (IC) in this ICR: 1

IC Title	Form No.	Form Name
Emission Guidelines for Existing Other Solid Waste Incineration (OSWI) Units (40 CFR part 60, subpart FFFF)

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ICR Summary of Burden

	Total Request	Previously Approved	Change Due to New Statute	Change Due to Agency Discretion	Change Due to Adjustment in Estimate	Change Due to Potential Violation of the PRA
Annual Number of Responses	27	407	0	-380	0	0
Annual Time Burden (Hours)	2,390	91,600	0	-89,210	0	0
Annual Cost Burden (Dollars)	87,000	630,000	0	-543,000	0	0

Burden increases because of Program Change due to Agency Discretion: No

Burden Increase Due to:

Burden decreases because of Program Change due to Agency Discretion: Yes

Burden Reduction Due to: Changing Regulations

Short Statement: The decrease in burden from the most recently approved ICR is due to a decrease in the number of affected sources and to a program change in the applicability of the regulation to incineration units that meet the definition of a rudimentary combustion device. The prior ICR was based on an assumption of 155 respondents per year, based on an inventory conducted as part of the proposed rulemaking. However, the final rule excludes units meeting the definition of a rudimentary combustion device, including units with a capacity of less than 10 TPD that lack certain design elements. Based on a review of the inventory conducted, there are currently 54 existing OSWI units that are known to be subject to the revised regulations. This ICR therefore, presents the burden for implementation of the final rule. For the same reasons, there is a decrease in the capital/startup and operation and maintenance (O&M) costs as compared with the costs in the previous ICR. These changes are presented in the Burden Change Table at the end of this document.

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Annual Cost to Federal Government: $66,300

Does this IC contain surveys, censuses, or employ statistical methods? No

Does this ICR request any personally identifiable information (see OMB Circular No. A-130 for an explanation of this term)? Please consult with your agency's privacy program when making this determination.     No

Does this ICR include a form that requires a Privacy Act Statement (see 5 U.S.C. §552a(e)(3))? Please consult with your agency's privacy program when making this determination.     No

Is this ICR related to the Affordable Care Act [Pub. L. 111-148 & 111-152]? No

Is this ICR related to the Dodd-Frank Wall Street Reform and Consumer Protection Act, [Pub. L. 111-203]? No

Is this ICR related to the American Recovery and Reinvestment Act of 2009 (ARRA)? No

Is this ICR related to the Pandemic Response? No

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Common Form ICR:  No

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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:

(a) It is necessary for the proper performance of agency functions;

(b) It avoids unnecessary duplication;

(c) It reduces burden on small entities;

(d) It uses plain, coherent, and unambiguous language that is understandable to respondents;

(e) Its implementation will be consistent and compatible with current reporting and recordkeeping practices;

(f) It indicates the retention periods for recordkeeping requirements;

(g) It informs respondents of the information called for under 5 CFR 1320.8 (b)(3) about:

(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;

(h) It was developed by an office that has planned and allocated resources for the efficient and effective management and use of the information to be collected.

(i) It uses effective and efficient statistical survey methodology (if applicable); and

(j) It makes appropriate use of information technology.

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.

Certification Date: 06/30/2025

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