The RCRA permit conditions will continue to apply until they either expire or are removed; promulgation of the standards does not remove the facility's obligation to comply with the conditions in its RCRA permit. Once the facility demonstrates compliance with the new standards by completing a comprehensive performance test and submitting a Notification of Compliance (NOC) to the regulatory Agency, the facility may submit a RCRA permit modification request to remove the relevant conditions from its RCRA permit. In the final rule we added a provision to Title 40 Code of Federal Regulations (40 CFR) part 270.42 (Appendix I) to specifically address this situation. Such modifications are classified as class 1 requiring prior Agency approval.
There may be limited situations where facilities have additional conditions in their RCRA permits pursuant to the RCRA omnibus authority (for example, in cases where a site-specific risk assessment indicated a need for additional controls in other to ensure protectiveness of the permit). Only those conditions that are less stringent than their MACT counterparts will be approved for removal from the RCRA permit. If there are omnibus-based conditions that are more stringent than MACT, they must remain as permit conditions.
For more information, see http://www.epa.gov/epawaste/hazard/tsd/td/combustion.htm.
If a facility already has RCRA permit conditions that address its hazardous waste combustion emissions, how does promulgation of the new Hazardous Waste Combustion Emission Standards impact those RCRA permit conditions?
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