Frequent Questions

Do I need to modify my RCRA permit as a result of the Phase 1 HWC NESHAP? If so, when?

There are two points at which you may need to request a modification to your RCRA permit: 

First, you will need to modify your RCRA permit before making any MACT-related process or equipment changes that would be inconsistent with the existing terms and conditions of your RCRA permit. You would request a streamlined permit modification, which is a class 1 modification that requires prior Agency approval. See Appendix I to 270.42 section L.9. This procedure was created to allow facility owners or operators to request changes necessary to meet the Phase 1 HWC MACT standards. Class 1 requests typically are processed much more quickly than class 2 or 3 modifications, which would be required if the streamlined procedure had not been established. Before requesting a permit modification under the streamlined procedure, facility owners or operators must have first complied with the requirements governing the Notification of Intent to Comply (NIC) in 40 CFR 63.1210(b) and (c) that were in effect prior to their vacatur on October 11, 2000. 

Second, in order to remove duplicative requirements, you may wish to request a modification of your RCRA permit after you demonstrate compliance with the MACT standards. After you have conducted your comprehensive performance test and submitted your Notification of Compliance documenting compliance with the standards, you can request a RCRA permit modification to remove duplicative emissions requirements. You would want to request a Class 1 with prior agency approval modification to remove the duplicative requirements. See Appendix I to 270.42 section A.8. 

For more information regarding RCRA permit modifications related to the Phase 1 HWC NESHAP, see the RCRA Streamlined Permit Modification Fact Sheet (PDF, 368 KB) and the Permit Transition: Moving From RCRA to the CAA Fact Sheet (PDF, 569 KB).  You also may consult the preamble to the final rule at 64 FR 52983, September 30, 1999.

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