NSPS for Other Solid Waste Incineration (OSWI) Units (40 CFR Part 60, Subpart EEEE) (Final Rule)

Forms and Documents

Document Name	Status
2163t09.xlsx Supplementary Document	2025-07-14
2163ss09.docx Supporting Statement A	2025-07-14

IC Document Collections

IC ID	Document Title	Status
24809	NSPS for Other Solid Waste Incineration (OSWI) Units (40 CFR part 60 subpart EEEE) Other-	Modified

ICR Details

OMB Control No: 2060-0563	ICR Reference No: 202507-2060-003
Status: Received in OIRA	Previous ICR Reference No: 202209-2060-002
Agency/Subagency: EPA/OAR	Agency Tracking No: 2163.09
Title: NSPS for Other Solid Waste Incineration (OSWI) Units (40 CFR Part 60, Subpart EEEE) (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: 09/12/2025

	Requested	Previously Approved
Expiration Date	36 Months From Approved	03/31/2026
Responses	2	242
Time Burden (Hours)	817	80,771
Cost Burden (Dollars)	306,000	2,720,000

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Abstract: The New Source Performance Standards (NSPS) for Other Solid Waste Incineration (OSWI) Units (40 CFR Part 60, Subpart EEEE) were proposed on December 9, 2004 (69 FR 71472), promulgated on December 16, 2005 (70 FR 74870), and revised on November 24, 2006 (71 FR 67802). These regulations apply to very small municipal waste combustion units (VSMWC) and institutional waste incineration (IWI) units. A new VSMWC or IWI unit is subject to this subpart if it meets either of two criteria: 1) it commenced construction after August 31, 2020; or 2) it commenced reconstruction or modification on or after 180 days after date of final rule in the Federal Regsiter. 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, 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 EEEE.

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Authorizing Statute(s): US Code: 42 USC 7401 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
NSPS for Other Solid Waste Incineration (OSWI) Units (40 CFR part 60 subpart EEEE)	5900-560, 5900-561	Part_60_Subpart_EEEE_and_FFFF_Deviation_Report ,   Part_60_Subpart_EEEE_and_FFFF_Annual_Report

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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	2	242	0	0	-240	0
Annual Time Burden (Hours)	817	80,771	0	0	-79,954	0
Annual Cost Burden (Dollars)	306,000	2,720,000	0	0	-2,414,000	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: No

Burden Reduction Due to:

Short Statement: The decrease in burden from the most recently approved ICR is due to an adjustment(s). The adjustment 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. There are currently 2 existing OSWI units that are known to be subject to the regulations. The prior ICR was based on an assumption of 55 respondents per year (one unit per state or protectorate) becoming subject to the regulation over a three-year period. 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. This ICR presents the burden for implementation of the final rule, and more accurate estimates of existing and anticipated new sources. 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. This ICR also adjusts the number of responses to account for data collected in recordkeeping activities. These changes are presented in the Burden Change Table at the end of this document.

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Annual Cost to Federal Government: $5,530

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: 09/12/2025

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