July 30, 2026

New HAP Standards for Hazardous Waste Combustors

EPA’s final rule for the hazardous waste combustor (HWC) NESHAP became effective on June 3, 2026. [91 FR 33484] During the agency’s residual risk and technology review, it found that the standards in Part 63, Subpart EEE provide an ample margin of safety to protect public health and that no developments in practices, processes, or control technologies necessitate revisions to the existing standards. However, EPA has added requirements for previously unregulated hazardous air pollutants (HAPs), as required by Louisiana Environmental Action Network vs. EPA (U.S. Court of Appeals, D.C. Circuit; Docket No. 17-1257; April 21, 2020), and established work practice standards for periods of startup, shutdown, and malfunction (SSM).

The final rule applies to approximately 160 sources across 90 facilities nationwide subject to the HWC NESHAP. Such facilities include hazardous waste incinerators, cement kilns, lightweight aggregate kilns, solid and liquid fuel-fired boilers, and hydrochloric acid production furnaces. Depending on applicability, these facilities are now subject to new hydrogen fluoride (HF) and hydrogen cyanide (HCN) emission limits and work practice standards. New standards applying during periods of SSM include a clean fuel requirement, adherence to an approved SSM plan, and operating an automatic waste feed cutoff system. Electronic reporting via the Compliance and Emissions Data Reporting Interface accessible via EPA’s Central Data Exchange is also required.

New HWCs must comply with these standards upon startup. Existing HWCs must:

Begin electronic reporting by August 3, 2026;
Submit for approval and implement their SSM plan by November 30, 2026; and
Comply with applicable HF and HCN emission limits and work practice standards by June 3, 2029.

While major and area sources are subject to Subpart EEE, including the above amendments, permitting authorities may choose to exclude area sources from the requirement to apply for and obtain a Title V permit unless the area source is otherwise required to obtain a Title V permit. Such flexibility is not available for major sources.

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This document addresses issues of a general nature related to the federal environmental regulations. Persons evaluating specific circumstances dealing with the environmental regulations should review state and local laws and regulations, which may be more stringent than federal requirements. In addition, the assistance of a qualified professional should be enlisted to address any site-specific circumstances.