This section regulates air emissions from facilities that treat, store and dispose of solid and hazardous
waste from hazardous waste combustion, thermal treatment, and air emission standards for equipment vents,
equipment leaks, and for tanks, containers and surface impoundments. This is accomplished by evaluating
permit applications for approval or denial, conducting site inspections to confirm compliance, observing
facility's compliance stack test performance, and initiating enforcement actions when facilities are found
in violation of the conditions of their permits or state and federal rules. Air emissions from hazardous
waste combustion facilities are regulated under the Resource Conservation and Recovery Act (RCRA) and Clean
Air Act (CAA). Air emissions from solid waste facilities, such as municipal solid waste landfills,
hospital/medical/infectious waste incinerators and commercial industrial waste incineration units, are
regulated under the Clean Air Act Amendments of 1990 (CAAA).
The National Emission Standards for Hazardous Air Pollutants (NESHAP) for Hazardous Waste Combustors (HWC)
Phase I and Phase II were promulgated on October 12, 2005. Hazardous waste burning incinerators, cement
kilns, lightweight aggregate kilns, industrial/commercial/institutional boilers and process heaters and
hydrochloric acid production furnaces were promulgated under the joint authority of the CAA and RCRA. Permit
transition is only for the air emissions regulated under the HWC-MACT rule. All other components of the RCRA
permit applicable to the combustion unit and to other hazardous waste management units, such as thermal
treatment and air emissions standards for process vents, equipment leaks, tanks, containers, and surface
impoundments, operating under current 45CSR25 requirements remain in the RCRA permit. Staff will continue to
monitor the compliance of the hazardous waste combustion sources to ensure compliance with the facility's
existing permit, RCRA and CAA regulations. The federal rules promulgated under the authority of these two
acts have been adopted by the state in 45CSR16, 45CSR18, 45CSR23, 45CSR25, and 45CSR34.