How much flexibility does a control authority/permitter have to modify a practice?
A control/permitting authority has the authority to use best professional judgement (BPJ) to modify any practice. In so doing, they should use the environmental hierarchy to promote pollution prevention practices first, followed by recycle/reuse, treatment, and finally disposal. In addition, the final rule enables permitting/control authorities to add or replace P2 practices specified in the rule with new or innovative practices that are more effective at reducing the pollutant loadings from a specific facility to the environment (see page 57526 of the preamble to the final rule in Appendix A).
Related Questions
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