Frequent Questions

What are the public notification requirements related to the NESHAP performance test plans and Continuous Monitoring System Performance Evaluation Test plan?

Once your regulatory authority approves your performance test plan (comprehensive or confirmatory) and your Continuous Monitoring System (CMS) Performance Evaluation Test plan, you must make the plans available to the public for review. You are required to issue a public notice announcing the approval of the plans and the location where the plans will be made available.
We included this requirement as part of our overall approach to ensure that ample opportunities would be made available for public participation under the Hazardous Waste Combustion NESHAP. It is important to remember that although the primary objective of the Hazardous Waste Combustion NESHAP was to establish technology-based emission standards, the NESHAP also provided an opportunity for EPA to integrate CAA and RCRA combustion regulatory requirements so as to minimize duplication to the extent possible. Thus, in most instances the RCRA emission standards and associated requirements no longer apply once a source demonstrates compliance with the MACT standards. Because the RCRA combustion requirements contain several distinct opportunities for public involvement, including one that requires the state program director to notify the public prior to a facility conducting a trial burn, we believed it was important to include similar requirements in the Hazardous Waste Combustion NESHAP. 

The Hazardous Waste Combustion NESHAP currently does not specify how you should notify the public once your test plans have been approved, nor does it specify how long and where the plans must be made available for public review. We recommend that you refer to the RCRA trial burn public notice and information repository requirements as a guide. Under the trial burn public notice requirements, a state director must send a notice to all persons on the facility mailing list prior to a trial burn. The notice must announce the scheduled dates for the trial burn and provide basic information regarding the facility and its proposed test. This information includes, for example, the facility contact names and telephone numbers, test dates, and the location where the public may review the trial burn plan. The notice must be mailed within a reasonable time period before the scheduled date of the trial burn (typically such notices are sent out 30 days prior to commencement of the test). With respect to where you may choose to locate the MACT test plans to allow for public review, you may wish to consult the RCRA information repository requirements. These regulations require that the repository be located in a place with suitable public access, be open during reasonable hours, and give the public access to photocopy service (or an alternative means for people to obtain copies of the plan). Regarding how long the plans should be available for review, we recommend that you maintain the copies in a publically accessible location until completion of the tests. 

For more information, see 60 FR 63417 and 40 CFR §§63.1207(e)(2), 124.33, 270.62(b)(6) and 270.66(d)(3).
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