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Standards for Hazardous Air Pollutants for Hazardous Waste Combustors

Reconsideration Final Rule - October 28, 2008

This rule announces the final action regarding the eight issues for which EPA granted reconsideration and addresses comments received in response to the September 2007 notice. As a result of this reconsideration process, EPA is:

  1. revising the new source particulate matter standards for cement kilns and incinerators that burn hazardous waste;
  2. amending the particulate matter detection system provisions and revising the health-based compliance alternative provisions for total chlorine;
  3. identifying the emissions standards EPA intends to defend in pending litigation; and,
  4. making several corrections and clarifications to the rule.

The revised provisions are effective immediately, and today's final rule does not change the October 14, 2008, compliance date established by the October 2005 final rule.

Federal Register Notice - October 28, 2008

The support materials for this rule and the public comments EPA received on the proposal are available for public review online, as explained below. Please note that final rule materials will not be available from Regulations.gov until the rule is published in the Federal Register

To use Regulations.gov:

  1. Select Docket Search.
  2. Select "Environmental Protection Agency" from the Agency drop-down menu.
  3. In the Docket ID box, type in the docket number (e.g., EPA-HQ-OAR-2004-0022) and press the "Submit" button to receive search results. Be patient; loading the documents takes time.
Frequent Questions

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Final Rule Amendments - April 8, 2008

EPA issued the National Emission Standards for Hazardous Air Pollutants (NESHAP) for new and existing hazardous waste combustors on October 12, 2005.  The April 8, 2008 amendments to this rule revise or clarify several compliance and monitoring provisions in the October 12, 2005 rule. In addition, these amendments correct several omissions and typographical errors.  These changes are as follows:

  1. Finalizes a sunset provision for the interim standards for incinerators, cement kilns, and lightweight aggregate kilns;
  2. Clarifies the applicability of the particulate matter detection system requirements for sources equipped with fabric filters;
  3. Clarifies that periodic confirmatory performance testing for dioxin/furans is not required for sources that are not subject to a numerical dioxin/furan emission standard;
  4. Clarifies the periodic performance testing requirements for sources operating under the interim standards;
  5. Finalizes a performance test waiver provision for sources subject to hazardous waste thermal concentration limits if the source feeds low levels of metals or chlorine in the hazardous waste;
  6. Clarifies the procedures to calculate rolling averages for the metals and chlorine standards;
  7. Revises when a source must submit subsequent periodic reviews of its eligibility for the health-based compliance alternative for total chlorine;
  8. Clarifies the mercury standard for new and existing cement kilns;
  9. Clarifies whether interim status sources need to obtain approval before proceeding with facility modifications required to meet the MACT emission standards;
  10. Corrects several typographical errors and rule citations;
  11. Revises the Notice of Intent to Comply (NIC) provisions for new units;
  12. Clarifies the applicability of Title V permit requirements for area sources for boilers and HCl production furnaces; and
  13. Revises the startup, shutdown, and malfunction plan provision.

The revised provisions are effective immediately, and the final rule does not change the October 14, 2008, compliance date established by the October 2005 final rule. The Agency believes that these amendments to the October 2005 final rule will reduce compliance uncertainties and improve understanding of the final rule requirements.

Federal Register Notice | Federal 136 Register Notice (PDF) (6 pp, 178K, About PDF)

The support materials for this rule and the public comments EPA received on the proposal are available for public review online, as explained below. Please note that final rule materials will not be available from Regulations.gov until the rule is published in the Federal Register

To use Regulations.gov:

  1. Select Docket Search.
  2. Select "Environmental Protection Agency" from the Agency drop-down menu.
  3. In the Docket ID box, type in the docket number (e.g., EPA-HQ-OAR-2004-0022) and press the "Submit" button to receive search results. Be patient; loading the documents takes time.

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Solicitation for Comment on Legal Analysis Notice (aka, "Brick MACT") - September 27, 2007

In March 2007, the United States Court of Appeals for the District of Columbia Circuit issued an opinion in Sierra Club v. EPA (aka "Brick MACT") that called into question several standards included in EPA's Hazardous Waste Combustor (HWC) Maximum Achievable Control Technology (MACT) rule, which was issued on October 12, 2005. EPA has reexamined the standards in the October 2005 rule to determine if they are compliant with the Brick MACT opinion.

By this action, EPA discusses the standards that EPA promulgated in October 2005 and specifically identifies which standards EPA believes are consistent with the Brick MACT opinion and which standards are not. This notice indicates that EPA intends to seek a remand of several standards and reexamine them in a future regulatory action, which would begin later in 2008. In addition, EPA is changing the rationale that supported the 2005 rule and revising the 2005 Administrative Record. Consequently, EPA also has made the edited versions of the preamble and various support and comment response documents from the 2005 rule available for comment. Comments will be accepted for 21 days following publication in the Federal Register.

You will need Adobe Reader to view some of the files on this page. See EPA's PDF page to learn more.

Federal Register Notice - Comment Period Extension || Federal Register Notice - Comment Period Extension (PDF) (2 pp, 52K). The comment period is extended from the original closing date of October 18, 2007 to November 27, 2007.

Federal Register Notice || Federal Register Notice (PDF) (14 pp, 114K)

The support materials for this rule and the public comments EPA receives on the proposal are available for public review online, as explained below.

To use Regulations.gov:

  1. Select Docket Search.
  2. Select "Environmental Protection Agency" from the Agency drop-down menu.
  3. In the Docket ID box, type in the docket number - EPA-HQ-OAR-2004-0022 and press the "Submit" button to receive search results. Be patient; loading the documents takes time.

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Particulate Matter Standard Rule - October 25, 2006

EPA is amending the effective date of the particulate matter standard for new cement kilns established by the national emission standards for hazardous air pollutants for new and existing hazardous waste combustors on October 12, 2005.  New cement kilns that were constructed or reconstructed after April 20, 2004, are temporarily relieved of the obligation to comply with the particulate matter standard that was issued in the October 2005 rule. Instead, new cement kilns will be subject to the particulate matter standard that was applicable prior to promulgation of the October 2005 standard - the MACT particulate matter established on February 13, 2002. This amendment will remain in effect until EPA takes final action on a March 2006 proposal to revise the particulate matter standard.

Particulate matter is composed of small dust-like particles of ash emitted from hazardous waste combustion units. Hazardous metals are often contained in or attached to the particulate matter. To minimize potential harmful effects of particulate matter, EPA developed performance standards for particulate matter emissions.

Federal Register Notice - October 25, 2006 || Federal Register Notice (PDF) (7 pp, 144K)

The support materials for this rule and the public comments EPA received on the proposal are available for public review online, as explained below. Please note that final rule materials will not be available from Regulations.gov until the rule is published in the Federal Register

To use Regulations.gov:

  1. Select Docket Search.
  2. Select "Environmental Protection Agency" from the Agency drop-down menu.
  3. In the Docket ID box, type in the docket number - EPA-HQ-OAR-2004-0022 and press the "Submit" button to receive search results. Be patient; loading the documents takes time.

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Reconsideration Proposed Rule - September 6, 2006

On October 12, 2005, EPA issued the national emission standards for hazardous air pollutants (NESHAP) for new and existing hazardous waste combustors. After EPA issued the 2005 emission standards, the Administrator received four petitions for reconsideration of the NESHAP final rule. EPA is now granting the petitioners' requests for reconsideration and is providing the public with an opportunity to comment on a proposed rule to amend the emissions standards.
 
EPA is requesting comment on several issues regarding the national emission standards for hazardous air pollutants. In addition, EPA is proposing amendments to several compliance and monitoring provisions in that rule. Issues subject to reconsideration include:

The combustors affected by this rule detoxify waste or recover energy from hazardous waste and include incinerators, cement kilns, lightweight aggregate kilns, boilers and process heaters, and hydrochloric acid production furnaces. EPA estimates that 145 facilities operate 265 devices that burn hazardous waste.

The Agency believes the result of controlling these pollutants better will improve public health, particularly respiratory conditions. Populations residing near hazardous waste combustors may benefit the most from implementation of these standards.

EPA is accepting comment on this proposal for 45 days following publication in the Federal Register.

Fact Sheet (PDF) (2 pp, 17K)

Federal Register Notice - September 6, 2006 || Federal Register Notice (PDF) (31 pp, 761K)

The support materials for this rule and the public comments EPA received on the proposal are available for public review online, as explained below. Please note that final rule materials will not be available from Regulations.gov until the rule is published in the Federal Register

To use Regulations.gov:

  1. Select Docket Search.
  2. Select "Environmental Protection Agency" from the Agency drop-down menu.
  3. In the Docket ID box, type in the docket number - EPA-HQ-OAR-2004-0022 and press the "Submit" button to receive search results. Be patient; loading the documents takes time.

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Proposed Rule, Extension of Comment Period, and Administrative Stay Summary - March 23, 2006

Following promulgation of the October 12, 2005 final rule, EPA received four petitions for reconsideration of that rule. In the proposed rule, EPA is granting reconsideration of one issue in the petitions submitted by Ash Grove Cement Company and the Cement Kiln Recycling Coalition: reconsideration of the new source standard for particulate matter for cement kilns that burn hazardous waste. In addition, EPA is staying for three months the effective date of the standard for particulate matter for new cement kilns while EPA reconsiders this provision.

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Direct Final Rule: Standards for Hazardous Air Pollutants for Hazardous Waste Combustors - December 19, 2005

EPA is taking direct final action on amendments to the national emissions standards for hazardous air pollutants (NESHAP) for hazardous waste combustors which were issued October 12, 2005. We are issuing the amendments as a direct final rule, without prior proposal, because we view the revisions as noncontroversial and anticipate no adverse comments.

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Proposed Rule: Standards for Hazardous Air Pollutants for HWC - December 19, 2005


EPA is proposing amendments to the national emissions standards for hazardous air pollutants (NESHAP) for hazardous waste combustors which were issued October 12, 2005. In that rule, we inadvertently included three new or revised bag leak detection system requirements for Phase I sources-incinerators, cement kilns, and lightweight aggregate kilns-among implementation requirements taking effect on December 12, 2005, rather than, as intended, after three years when the sources begin complying with the revised emission standards under the NESHAP for hazardous waste combustors. We intended to establish the compliance date for these provisions three years after promulgation-October 14, 2008-because the provisions establish more stringent requirements for Phase I sources, which cannot readily be complied with on short notice, and because these provisions are inextricably tied to the revised emissions standards.

The support materials for this rule and the public comments EPA received on the proposal are available for public review online on the Regulations.gov Web site.

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Final Rule: Standards for Hazardous Air Pollutants for HWC - October 12, 2005

This action finalizes national emission standards for hazardous air pollutants (NESHAP) for hazardous waste combustors (HWCs): hazardous waste burning incinerators, cement kilns, lightweight aggregate kilns, industrial/commercial/institutional boilers and process heaters, and hydrochloric acid production furnaces.

The support materials for this rule are available for public review online on the Regulations.gov Web site.

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Proposed Standards for Hazardous Air Pollutants for Hazardous Waste Combustors - April 20, 2004

This action proposes national emission standards for hazardous air pollutants (NESHAP) for hazardous waste combustors. These combustors include hazardous waste burning incinerators, cement kilns, lightweight aggregate kilns, industrial /commercial /institutional boilers and process heaters, and hydrochloric acid production furnaces, known collectively as hazardous waste combustors (HWCs).

The support materials for this rule and the public comments EPA received on the proposal are available for public review online on the Regulations.gov Web site.

  1. pages (21197-21385) HTML || PDF File (189 pp, 1.9MB)
  2. pages (21197-21246) HTML
  3. pages (21247-21296) HTML
  4. pages (21297-21346) HTML
  5. pages (21347-21385) HTML

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Hazardous Waste Combustion (HWC) Data

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You will need Microsoft's Access Viewer Exit EPA to view some of the files on this page.

HWC Database

Hazardous Waste Combustors Database (Microsoft Access) (42MB)

Supporting Information for the HWC Database

  1. The HWC Database Structure (PDF) (1 pg, 44K) shows the general structure of the HWC database and the relationships between the different tables.
  2. The HWC Database Acronym List (PDF) (2 pp, 24K) defines the acronyms used in the HWC database.
  3. The HWC Data Field Dictionary (PDF) (7 pp, 50K) describes the format and specific field names of each of the tables, and the contents of each field in the HWC Database.

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