Frequent Questions

How and when do I make the transition to the permitting scheme outlined in the Phase 1 HWC NESHAP?

The point at which you make the transition depends on your current RCRA permitting status. If you already have a RCRA permit, you must continue to comply with the conditions of that permit, including those relating to combustion emissions. Unless the conditions have been written into the permit with a sunset clause (i.e., an automatic inactivation of those conditions upon compliance with the MACT standards), you must continue to comply with them until they either expire or are removed through a permit modification. Compliance with the HWC NESHAP does not eliminate or terminate RCRA combustion permit conditions. To remove these conditions prior to their expiration, you may request a permit modification from your regulatory agency. You may do this after you have successfully completed your comprehensive performance test and submitted an NOC documenting compliance with the MACT standards. The request can be a Class 1 modification with prior Agency approval. You should identify in your request the conditions that you believe should be removed from your permit. Your RCRA permit writer will compare the terms and conditions in your permit 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 your RCRA permit if they are necessary to ensure protection of human health and the environment. 

If you are currently operating under interim status, you must continue to comply with the RCRA interim status combustion requirements of section 265.340 or 266.103, until you document compliance with the MACT standards. Once you have documented compliance with the MACT standards, you are no longer obligated to meet the RCRA interim status combustion requirements. (Please note: you are still required to have a RCRA permit to address basic hazardous waste management requirements including: general facility standards, corrective action, financial responsibility, closure, and other combustor specific concerns such as materials handling and other hazardous waste management units.) Thus, your transition point out of RCRA is your MACT compliance date, regardless of when you comply (i.e., whether it is prior to the compliance date, on the compliance date, or if you have received an extension). Since there are varying points at which you might comply with MACT, we strongly recommend that you inform your RCRA permit writer of the date you intend to comply so that it can be factored into his or her decision of when to issue your RCRA permit, and what will be contained in your RCRA permit. For example, if you comply on September 30, 2003, your permit writer could choose to issue your RCRA permit without the RCRA combustion emission requirements. On the other hand, if you receive a one year MACT compliance extension and your RCRA permit is ready to be issued in 2003, then your permit writer may choose to move forward and issue a complete (i.e., contains the RCRA combustion emission requirements) permit. In this case, we recommend that a sunset clause, which would automatically inactivate the RCRA emission requirements upon compliance with MACT, be included in your RCRA permit. Otherwise, you would need to comply with both the RCRA emission requirements and MACT standards until the duplicative RCRA requirements could be removed from your permit. 

If you are in the process of renewing your RCRA permit, how and when you make the transition is basically the same as if you were operating under interim status. Your permitting agency will determine how to proceed on your renewal application based upon when you intend to comply with the MACT standards. 

For more information, see the section entitled "D. How Will Sources Transfer from RCRA to MACT Compliance and Title 5 Permitting?" in the preamble to the final rule at 64 FR 52981 and 52989, September 30, 1999 and the Fact Sheet Permit Transition: Moving From RCRA to the CAA (PDF, 569 KB).

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