Frequent Questions

How did we change our permitting approach for hazardous waste burning incinerators, cement kilns and lightweight aggregate kilns in the Phase 1 HWC NESHAP?

Prior to the Phase 1 HWC NESHAP, all aspects of hazardous waste combustor operations were regulated through RCRA permits, i.e. permits implementing the RCRA statute and the RCRA subtitle C regulations. We changed our approach in the NESHAP final rulemaking to avoid unnecessary regulatory duplication between the RCRA and CAA programs. We did this by placing the new emission standards only in the CAA regulations at 40 CFR part 63 subpart EEE. The RCRA permit will continue to address other combustor-specific concerns such as materials handling and also the requirements necessary for the basic hazardous waste management such as general facility standards, corrective action, and any standards necessary for the operation of other types of RCRA units. The RCRA permit also may contain additional conditions pursuant to the RCRA section 3005(c)(3) omnibus provision to protect human health and the environment, and other elective alternatives such as: compliance with the RCRA start-up, shutdown, and malfunction requirements; or the particulate matter standard for incinerators feeding low levels of metals.
 
For more information, see the section entitled "2. What Permitting Approach Is Adopted In Today's Rule?" in the preamble to the final rule at 64 FR 52975, September 30, 1999 and the Fact Sheet Permit Transition: Moving From RCRA to the CAA (PDF, 569 KB).

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