Frequent Questions

Will the public have the same opportunity to be involved in the Clean Air Act permitting process for hazardous waste combustors as they now have for the RCRA permitting process?

The opportunities for public involvement in the Clean Air act permitting process are commensurate with those in the RCRA permitting process. The public participation requirements for title V permits are identified in Title 40 Code of Federal Regulations (40 CFR) parts 70 and 71, and include such activities as allowing an opportunity for public hearing and public comments on draft permits. In addition, we are requiring an informal public meeting early in the MACT compliance process as part of the requirements for the Notification of Intent to Comply (NIC). This meeting, which provides an opportunity for the public to learn of a facility's plans for compliance, is patterned after the RCRA pre-application meeting. 

We also recommend that once a facility that already has a title V permit completes its performance testing under the MACT requirements, and submits its Notification of Compliance (NOC), that the initial NOC be incorporated into the title V permit using the significant permit revision procedures. The primary rationale for using these procedures is to afford the public an opportunity to review all of the information pertinent to the facility's compliance obligations. We want to ensure a level of public involvement when including operating requirements in title V permits that is commensurate with that under RCRA. In RCRA, operating parameters are initially developed pursuant to trial burns and incorporated into permits either through initial issuance (in the case of facilities operating under RCRA interim status) or through a RCRA class 2 or 3 permit modification (in the case of new facilities). In either situation, significant opportunities exist for public review and input parallel to those under initial title V permit issuance or significant permit modification procedures.

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