Frequent Questions

What requirements will be included in my CAA Title 5 permit and what will remain in my RCRA permit after I comply with the Phase 1 HWC NESHAP and receive a RCRA permit modification to remove any duplicate conditions?

Your Title 5 permit will include the Phase 1 HWC MACT standards and any monitoring and operating parameter limits that ensure your continued compliance with those standards. Your RCRA permit will contain the requirements necessary for the basic hazardous waste management of your facility. These requirements might include for example: general facility standards, corrective action, other combustor-specific concerns such as materials handling, and any standards necessary for the operation of other types of RCRA units. Your RCRA permit also may contain additional conditions pursuant to the RCRA section 3005(c)(3) omnibus provision to protect human health and the environment. These conditions would supplement those required by the Phase 1 HWC NESHAP. We expect that in most cases they will be included in RCRA permits. However, some states may have the flexibility to place the additional conditions in Title 5 permits. This might occur in states that 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 "1. How Are the Title 5 Permitting Requirements Applicable?" and "3. Which RCRA Permitting Requirements Are Applicable?" in the preamble to the final rule at 64 FR 52977 and 52978.
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