Docket Number: EPA-HQ-RCRA-2008-0329 

REGULATORY SUPPORT for the FINAL AMENDMENTS: 

Assessment of Potential Costs, Benefits, Environmental Justice, and 

Other Impacts; and Regulatory Flexibility Screening Assessment

Final Amendments to the Identification of Non-Hazardous Secondary Materials 

That Are Solid Waste – Final Rule (76 FR 15456, et seq), March 21, 2011. 

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 EPA is finalizing amendments to 40 CFR Part 241, which was codified by the NonHazardous Secondary Materials (NHSM) final rule (76 FR 15456, et seq), originally 

promulgated on March 21, 2011. The necessary regulatory support documents for this action 

that address all relevant statutes and Executive Orders are located in the following EPA Dockets: 

i) Commercial/Industrial Solid Waste Incinerators (CISWI), identified by Docket ID 

No. EPA-HQ-OAR-2003-0119, 

ii) Industrial/Commercial/Institutional Boilers and Process Heaters: 

(1) Major source rule, identified by Docket ID No. EPA-HQ-OAR-2002-0058 

(2) Area source rule, identified by Docket ID No. EPA-HQ-OAR-2006-0790 

 Executive Order 12866: Regulatory Planning and Review 

and Executive Order 13563: Improving Regulation and Regulatory Review

Assessment of Potential Costs, Benefits, Environmental Justice, and Other Impacts

The final amendments to the March 21, 2011 NHSM final rule are intended to clarify 

several provisions in 40 CFR Part 241, which provides the standards and procedures for 

identifying whether non-hazardous secondary materials (NHSM) are solid waste when used as 

fuels or ingredients in combustion units. As such, this final action alone will not result in any 

costs, benefits, environmental justice, or other impacts to the regulated community1

 or the 

government. The NHSM part of the rule itself does not include any emission standards and does 

not require changes in the management or use of secondary materials. Only with the 

promulgation of the final CISWI and major source boiler rules would society realize any costs, 

benefits, environmental justice, or other impacts. 

 

1 Aside from negligible administrative costs (e.g., reading the RCRA part of the proposal). 
Regulatory Flexibility Act (RFA)

as amended by the 

Small Business Regulatory Enforcement Fairness Act (SBREFA) 

Regulatory Flexibility Screening Assessment 

 The final NHSM amendments will not impose requirements2 on any small entities apart 

from those that become effective in conjunction with the promulgation of the final CISWI and 

boiler rules. No small entities are directly regulated by the final NHSM amendments. As such, 

any potential impacts to small entities in affected sectors are addressed in the regulatory 

flexibility analyses prepared in support of the CISWI and boiler rules, as referenced under point 

ii above. 

Paperwork Reduction Act

Information Collection Request (ICR)

 This final action will result in no aggregate incremental impact to the information 

collection cost and hour burden estimates, as presented in OMB approved ICR No. 2382.03. 

Revised June 26, 2012 

 

2 Aside from negligible administrative costs (e.g., reading the RCRA part of the proposal).