Frequent Questions

Who is responsible for implementing the Hazardous Waste Combustion Emission Standards Rule -- EPA or the States?

The final rule does not alter the Clean Air Act permitting mechanisms that are otherwise in place for administering MACT standards for hazardous air pollutants. It also does not alter the procedures for delegating authority to states under the Clean Air Act or for authorizing states under RCRA. Thus, both EPA and the States will have roles, depending on their delegation/authorization status. Furthermore, both the Clean Air Act and RCRA programs also have responsibilities with respect to the rule. Regulatory agencies, as well as programs within agencies, will need to work closely together to facilitate smooth implementation.
In the preamble to the final rule we discuss several considerations for ease of implementation, including flexibility for individual states to implement the rule in a way that makes the most sense given their level of resources and organizational structure. This flexibility may mean that in some instances the Clean Air Act program will have the lead for implementation, while in others the RCRA program may have the lead.

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