Frequent Questions

Do I need both a RCRA and CAA permit to operate a hazardous waste combustor?

Yes. You need both a RCRA and CAA permit to operate a hazardous waste combustor. Once you have demonstrated compliance with the MACT standards, the content of each permit, however, will be distinguishable. Your Title 5 permit will focus on the operation of the combustion unit (e.g., air emissions and related operating parameters), while your RCRA permit will focus on basic hazardous waste management (e.g., general facility standards, corrective action, other combustor-specific concerns such as materials handling, and other hazardous waste management units, etc.).
In some cases, your RCRA permit may continue to address air emissions. Additional risk-based emissions standards may be necessary under the RCRA omnibus authority (RCRA section 3005(c)(3)) to supplement the CAA requirements contained in your Title 5 permit. Although we expect that in most cases such risk-based conditions will reside in RCRA permits, some states may have the flexibility to place the additional conditions in Title 5 permits if they have a provision in their state air statute or regulations that is equivalent to the RCRA omnibus authority. Furthermore, sources that elect to comply with certain alternatives will have additional requirements in their RCRA permits. These alternatives may include compliance with: the RCRA requirements during start-up, shutdown, and malfunction events (40 CFR 270.235) and the particulate matter standard for incinerators feeding low levels of metals (40 CFR 63.1206(b)(14)). 

For more information, see the sections entitled "11. What Are the Permitting Requirements for Sources Subject to this Rule?" in the preamble to the final rule at 64 FR 52973, September 30, 1999 and the Fact Sheet Permit Transition: Moving From RCRA to the CAA (PDF File, 569 KB).

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