There are three general circumstances under which you may not be able to use the streamlined permit modification procedure:
First, if you are located in an authorized state that has not changed its laws or regulations to adopt the streamlined procedure, you may not use this procedure. Instead, you must continue to follow your state's existing procedures for modifying a RCRA permit.
Second, in order to take advantage of the streamlined permit modification procedure, you must first have complied with the Notification of Intent to Comply (NIC) requirements that were in effect prior to October 11, 2000. Under these requirements you should have submitted your final NIC to your regulatory agency by October 2, 2000. If you failed to submit your NIC by this date, you may not take advantage of the streamlined modification procedure.
Third, the modification you are requesting must be necessary for compliance with the HWC NESHAP. See section L.9 in Appendix I to 40 CFR §270.42. If the modification is for some other purpose than compliance with the NESHAP, you may not take advantage of the streamlined procedure.
For more information regarding the streamlined permit modification procedure, see the RCRA Streamlined Permit Modification Fact Sheet (PDF, 368 KB) in this Toolkit. You also may refer to the June 19, 1998 Fast Track final rule preamble (63 FR 33782).
Under what circumstances might I not be allowed to use the RCRA streamlined permit modification procedure?
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