NOTE: The Emission-Comparable Fuel exclusion final rule was withdrawn on June 15, 2010 (75 FR 33712; June 15, 2010). Additional information on this withdrawl is available at the following URL:
EPA is proposing to amend several provisions of the existing comparable fuels exclusion (CF) to clarify the exclusion and to conform with relevant provisions of the proposed exclusion for emission-comparable fuel (ECF). These amendments relate to:
1. consequences of failure to satisfy conditions of the CF exclusion,
2. regulatory status of tanks ceasing to operate as CF storage tanks,
3. waiver of RCRA closure requirements for tanks used for hazardous wastes that are subsequently excluded as CF,
4. regulatory status of boiler residues, and
5. information to be provided in the one-time notice by generators to the regulatory authority.
In addition, the proposed rule would restructure the current conditions for comparable fuel (and syngas fuel) to make the regulatory language more readable given that the regulation must accommodate the proposed exclusion for ECF. Consequently, EPA is redrafting the entire section for clarity.