Frequent Questions

What is a risk burn? Will hazardous waste combustion sources be required to conduct a risk burn?

Any facilities that have not completed site-specific risk assessment (SSRA) emissions testing prior to the date of the MACT comprehensive performance test may need to conduct a separate "risk burn" to generate data necessary to complete the SSRA. A RCRA risk burn may not have all the same components that a full trial burn would have. We clarify in amendments to §§ 270.19, 270.22, 270.62 and 270.66 that the Director may apply provisions from those sections, on a case-by-case basis, to establish a regulatory framework for conducting the risk burn under § 270.10(k) and imposing risk-based conditions under § 270.32(b)(2) (omnibus provisions). This clarifying language is intended to prevent any confusion from other language added to §§ 270.19, 270.22, 270.62 and 270.66 today stating that these provisions otherwise no longer apply once a source has demonstrated compliance with the MACT standards and limitations of 40 CFR part 63, subpart EEE. Facilities and regulatory authorities may consult existing EPA guidance documents for information regarding the elements of risk burn testing.
We do not expect SSRAs will be needed in all cases. If a facility is required to conduct one, the RCRA permitting authority would invoke the relevant part 270 requirements to establish the framework for the risk burn.

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