1
Sources
are
required
to
begin
the
initial
comprehensive
performance
test
by
180
days
after
the
compliance
date,
to
complete
testing
within
30
days,
and
to
submit
the
NOC
within
90
days
of
completing
the
testing.
Upon
postmark
of
the
NOC,
sources
must
begin
complying
with
the
operating
parameter
limits
demonstrated
during
the
performance
test.
October
15,
2002
NOTE
SUBJECT:
Stakeholder
Review
of
Draft
Technical
Correction
FROM:
Robert
Holloway
Environmental
Engineer,
OSW,
USEPA
TO:
The
Docket
This
is
to
document
that
industry
stakeholders
were
given
notice
and
opportunity
to
comment
on
a
technical
correction
we
plan
to
make
to
the
September
30,
1999
NESHAP
for
hazardous
waste
combustors.
The
correction
is
needed
to
remove
an
impediment
to
early
compliance
with
the
standards,
as
we
intended
in
previous
revisions
to
the
1999
rule.
The
correction
would
waive
the
requirement
to
submit
the
Notification
of
Compliance
(
NOC)
within
90
days
of
completion
of
the
performance
test
for
sources
that
comply
early.

We
had
previously
proposed
regulatory
language
to
address
this
issue.
See
66
FR
at
35153.
Even
though
we
did
not
receive
adverse
comments
on
the
proposed
regulatory
revision,
we
have
determined
that
the
wording
of
the
amendment
may
not
have
ensured
that
a
source
eligible
for
the
waiver
would
actually
be
required
to
comply
early.
Accordingly,
we
plan
to
revise
the
amendment
to
require
that
a
source
that
conducts
the
performance
test
prior
to
the
compliance
date,
and
that
takes
advantage
of
the
waiver
of
the
requirement
to
submit
the
NOC
within
90
days
of
completing
the
test,
must
nonetheless
submit
the
NOC
by
the
compliance
date
or
90
days
after
completing
the
test,
whichever
is
later.
This
provision
ensures
that
sources
using
the
waiver
will
begin
complying
with
the
emission
standards
using
operating
parameter
limits
documented
by
a
performance
test
well
before
the
regulatory
deadline.
1
I
apprised
Melvin
Keener,
Coalition
for
Responsible
Waste
Incineration,
in
early
October,
2002,
of
our
intent
to
make
this
technical
correction
and
to
revise
the
regulatory
language
(
as
discussed
above)
that
we
proposed
at
66
FR
at
35153.
Mr.
Keener
subsequently
indicated
that
he
apprised
other
industry
organizations
(
e.
g.,
Cement
Kiln
Recycling
Coalition)
of
our
intent,
and
that
neither
CRWI
nor
the
other
industry
representatives
had
adverse
comments.

In
addition,
Jim
Berlow,
Director,
Hazardous
Waste
Minimization
and
Management
Division,
OSW,
recently
called
Jim
Pew,
Earth
Justice,
and
left
a
detailed
voicemail
message
explaining
that
we
intended
to
issue
a
technical
correction
with
the
early
compliance
provision
discussed
above.
Mr.
Berlow
asked
Mr.
Pugh
to
call
him
to
discuss
any
concerns
that
he
may
have
with
that
approach.
Mr.
Pugh
did
not
return
the
call,
and
we
assume
he
had
no
objections.
