The court decision did not directly affect the streamlined permit modification procedure. It did, however, have an indirect effect since it vacated the Notification of Intent to Comply (NIC) requirements. To take advantage of the streamlined permit modification procedure, sources must have first complied with the NIC requirements that were issued in the June 19, 1998 Fast Track rule (63 FR 33782). Under those requirements, all hazardous waste combustors must have completed their NICs by October 2, 2000.
On July 25, 2000, the Court of Appeals for the District of Columbia decided Chemical Manufacturers Association v. EPA ( D.C. Cir. No. 99 -1236). In this action, the court said that although EPA had the authority to promulgate an early cessation requirement (which required those sources who do not intend to comply with the new standards to stop burning hazardous waste within two years of the final rule being promulgated), we had not adequately justified the benefits stemming from that provision. As relief, the court vacated the early cessation provision, as well as the related NIC and Progress Report requirements. The court's decision does not impact the emission standards or compliance schedule for the other requirements of the Phase 1 HWC NESHAP. The relief ordered by the court took effect when the court issued its mandate on October 11, 2000.
Since the mandate did not go into effect until after the deadline when sources were required to submit their NICs (on October 2, 2000), we have determined that the court's action does not impact a source's ability to request a RCRA permit modification using the streamlined procedures. (EPA in fact requested the Court to stay issuance of its mandate so as not to interdict the streamlined process.) As long as a source complied with the NIC provisions, then the source met the requirements in 40 CFR 270.42(j)(1) and is therefore eligible for the streamlined modification process.
What effect did the decision of the D.C. Circuit in Chemical Manufacturers Ass'n v. EPA have on the RCRA streamlined permit modification procedure?
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