Frequent Questions

What if I cannot use the streamlined permit modification procedure?

If you cannot use the streamlined permit modification procedure because you did not submit a Notification of Intent to Comply (NIC) or because your state did not seek authorization for this procedure, your MACT-related changes would normally fall into the class 2 or 3 permit modification categories. Since both Class 2 and 3 modifications can take several years to complete, you might experience some difficulty meeting your MACT compliance date. You may be able to alleviate this difficulty by requesting an extension to that compliance date of up to one year, provided that you meet the criteria of 40 CFR §63.1213. You also could request a temporary authorization for RCRA purposes under 40 CFR §270.42(e) or the equivalent state regulations. Your permitting authority will decide whether to grant the temporary authorization based on the factors provided in the regulations. The permitting authority may grant a temporary authorization for a period of up to 180 days. You may request an additional 180 days, provided that you also submit a request for the Class 2 or 3 modification (40 CFR 270.42(e)).
For more information regarding the streamlined permit modification procedure, see the RCRA Streamlined Permit Modification Fact Sheet  (PDF, 368 KB).

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