Frequent Questions

Can states use an abbreviated process for authorization of the RCRA portions of the Phase 1 HWC NESHAP?

We promulgated an abbreviated state authorization process for minor or routine RCRA regulations on November 30, 1998 in the HWIR Media rule (63 FR 65874). With respect to the Phase 1 HWC NESHAP, we believe that this process may be appropriate for states that are seeking authorization of the two RCRA modification provisions. The first provision allows facilities to request a Class 1 permit modification with prior agency approval to remove duplicative air emission requirements from RCRA permits. See 40 CFR §270.42, Appendix I, Section A.8. The second provision, known as the streamlined modification procedure, was promulgated in the June 19, 1998 Fast Track Rule (63 FR 33782). This modification provision allows facilities to request a Class 1 permit modification with prior agency approval to make equipment and technology changes to meet the MACT standards by the compliance date. See §270.42, Appendix I, Section L.9. (The Fast Track rule is considered minor and thus, is eligible for the abbreviated process.) We do not believe that the abbreviated process is appropriate for authorization of the entire RCRA portion of the Phase 1 HWC NESHAP, but may be for other portions not mentioned above. We recommend that states choosing to use the abbreviated authorization process closely coordinate with their EPA Regional authorization staff to ensure appropriate application of the process. You should also note that EPA has the discretion to tailor the state authorization process to fit the content of a state's application (40 CFR Section 271.21(b)(2)).

Have more questions? Submit a request