Frequent Questions

How does the Hazardous Waste Combustion NESHAP relate to the RCRA combustion program and its requirements?

The Hazardous Waste Combustion NESHAP achieves two primary goals. First, it establishes emission standards for hazardous waste burning incinerators, cement kilns and lightweight aggregate kilns based on performance of control technology. Second, it meets our commitment under the RCRA Hazardous Waste Combustion Strategy, first announced in 1993, to upgrade the emission standards for hazardous waste burning facilities through the use of best available technologies and the most current science. The NESHAP also provides an opportunity for EPA to integrate the CAA and RCRA monitoring, compliance testing, recordkeeping and permitting requirements for combustor emissions so as to minimize regulatory duplication to the extent possible. Thus, once a facility has demonstrated compliance with the HWC NESHAP by conducting a comprehensive performance test and submitting a Notification of Compliance documenting compliance, the RCRA emission requirements of 40 CFR Part 264, 265 and 266 no longer apply for hazardous waste incinerators, cement kilns and lightweight aggregate kilns. The RCRA combustion permitting requirements in 40 CFR Part 270 similarly no longer apply after a facility has demonstrated compliance with the HWC NESHAP. However, your regulatory authority may apply certain RCRA combustion permitting provisions on a case-by-case basis for purposes of information collection under 40 CFR 270.10(k) and 270.32(b)(2). You should also note that any emission-related conditions in a RCRA permit will remain in effect even after compliance with the NESHAP, unless they are removed from the permit or subject to a sunset clause, or the permit is terminated or revoked. 

For information regarding transitioning from the RCRA permitting requirements after compliance with the HWC NESHAP, see the Toolkit's Permitting FAQs and the Permit Transition: Moving from RCRA to the CAA Fact Sheet (PDF File, 569 KB) located in the Toolkit.

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