Frequent Questions

Who is responsible for implementing the Phase 1 HWC NESHAP rule: EPA or the states?

Depending on the status of CAA delegation and RCRA authorization of the Phase 1 HWC NESHAP rule in a state, both EPA and the state may have implementation responsibilities. In the final rule, we did not alter the procedures for delegating authority to the states under the CAA or for authorizing states under RCRA. Instead, we strongly encouraged each state to include the NESHAP requirements in their regulations as quickly as their legislative and regulatory processes would allow. We also provided information regarding how states might implement the NESHAP in a way that makes the most sense given their level of resources and organizational structure. In some instances, a state may choose to have the CAA program implement the rule, while in others the RCRA program may take the lead.
 
For more information, see the sections entitled "3. What Considerations Were Made for Ease of Implementation?" in the preamble to the final rule at 64 FR 52975, September 30, 1999. See also the Clean Air Act (CAA) Delegation for the HWC NESHAP (PDF, 700 KB), and RCRA State Authorization for the Phase 1 HWC NESHAP  (PDF, 357 KB) fact sheets.

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