Frequent Questions

Can RCRA program staff issue CAA Title 5 permits for sources subject to the Phase 1 HWC NESHAP?

Title 5 permits cover a wide range of requirements under the CAA. As a result, we expect that the Phase 1 HWC NESHAP will constitute just one piece of a Title 5 permit for any given source. While we would not expect the RCRA program staff to issue the Title 5 permit for a hazardous waste combustor, some states may choose to have their RCRA staff develop the combustor portion of the permit. In addition, states also may choose to utilize their RCRA staff for many of the HWC NESHAP implementation activities that occur before the Title 5 permit is issued (i.e., review of the initial performance test plan). States considering utilizing their RCRA staff expertise may want to explore the flexibility provided by Performance Partnership Grants to strategically move funds, and Performance Partnership Agreements to strategically integrate programs. 

For more information, see the section entitled "3. What Considerations Were Made for Ease of Implementation?" in the preamble to the final rule at 64 FR 52976, September 30, 1999.

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