Frequent Questions

How will the Phase 1 HWC MACT standards affect my existing RCRA permit emission limits and operating conditions?

The Phase 1 HWC MACT standards will not affect your RCRA permit limits or conditions, unless your permit contains a sunset clause that terminates those limits and conditions upon compliance with the standards. If your permit does not contain a sunset clause, you must secure a RCRA permit modification or wait for the permit to expire in order to be relieved of your RCRA permit compliance obligations. This is the case regardless of whether you comply with the Phase 1 HWC MACT early or on your compliance date. 

You may request modifications to your RCRA permit only after you have successfully completed your comprehensive performance test and submitted a NOC (‘Notification of Compliance') documenting compliance with the MACT standards. In your modification request, you should identify the conditions that you believe should be removed from your permit. Your permitting authority will compare your RCRA permit terms and conditions to your MACT standards and operating parameters. Any terms or conditions that are more stringent or extensive than the MACT requirements will be retained in the RCRA permit if they are determined necessary to ensure protection of human health and the environment. Additionally, if you elect to comply with either the RCRA requirements during start-up, shutdown, and malfunction events (40 CFR 270.235) or the particulate matter standard for incinerators feeding low levels of metals (40 CFR 63.1206(b)(14)), these alternatives will likely reside in your RCRA permit. Your RCRA permit writer also may want to verify with their counterpart in the Air program that you have successfully completed the MACT comprehensive performance test and submitted a NOC documenting compliance before removing conditions. Following evaluation of your RCRA permit and verification of MACT compliance, your RCRA permit can be modified as appropriate.
For more information, see the section entitled "11. What Are the Permitting Requirements for Sources Subject to this Rule?" in the preamble to the final rule at 64 FR 52973, September 30, 1999 and the Fact Sheet Permit Transition: Moving From RCRA to the CAA (PDF, 569 KB).

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