Frequent Questions

Will I still be subject to RCRA pre-application meeting requirements under this HWC NESHAP rule?

Yes. As discussed in the Permitting FAQs, also located in the FAQ module of this Toolkit, hazardous waste combustors subject to the Phase 1 HWC NESHAP (and Title 5 permitting) still need RCRA permits. Even though the emission standards and operating requirements are being deferred to the Clean Air Act, the RCRA permit will retain conditions governing all other aspects of the hazardous waste combustor unit and the rest of the facility that continues to be regulated under RCRA such as: general facility standards, corrective action, financial responsibility, closure, and other hazardous waste management units. Also, your RCRA permit may contain additional conditions pursuant to the RCRA section 3005(c)(3) omnibus provision to protect human health and the environment. Further, if you elect to comply with certain alternatives you 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)). These conditions would supplement those required by the Phase 1 HWC NESHAP. You are still subject to the RCRA pre-application meeting requirements in 40 CFR §124.31 when renewing (i.e., as part of the renewal, a significant change is being requested via a Class 3 permit modification) or applying for a RCRA permit. Consequently, all other public participation requirements in 40 CFR Part 124 associated with the RCRA permitting process also continue to apply.
For further information, see "What is the Relationship to the RCRA Pre-application Meeting Requirements?" in the preamble to the September 30, 1999 final rule at 64 FR 52979 and the RCRA Public Participation Manual (EPA530-R-96-007, September 1996), which provides guidance on how to implement RCRA public participation requirements.

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