Frequent Questions

When do facilities complying with the Phase 1 HWC NESHAP have to provide notices to the public?

Facilities complying with the Phase 1 HWC NESHAP must provide notice to the public during several stages of both the CAA Title 5 and RCRA permitting processes as outlined in 40 CFR Parts 70, 71 and 124. Under the RCRA requirements, public notice is given: prior to the submittal of a permit application, once the draft permit is prepared, and during any significant permit modifications (Class 2 and 3 modifications). Likewise, we require similar public participation opportunities for CAA Title 5 permits. 

With respect to the Phase 1 HWC NESHAP, we originally required that sources provide notice to the public of their scheduled informal public meeting associated with the Notification of Intent to Comply (NIC) process. Sources in existence at the time of the publication of the Phase 1 HWC NESHAP were required to hold this informal public meeting by July 31, 2000. Newer sources were relieved of this requirement, however, due to an October 11, 2000 mandate issued by the Court of Appeals for the District of Columbia vacating the NIC provisions. We have since removed this requirement from the federal regulations (see 66 FR 24270). Regardless, there are still opportunities for public participation in the Title 5 process. Opportunities for public participation exist when applying, renewing, reopening, and requesting significant modifications for a Title 5 permit. For instance, we expect that when sources incorporate their Notification of Compliance (NOC) into their Title 5 permits, they will follow the significant modification procedure. This procedure provides an opportunity for public participation and specifically, will afford the public an opportunity to review all of the information pertinent to the source's compliance obligations. The public participation requirements include: notice of the action to be taken, a minimum of 30 days for comment, and the opportunity for a hearing (i.e., meeting). See 40 CFR 70.7(h) and 71.11(d).
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