(a) The affected facility to which this subpart applies is each municipal waste combustor unit with a municipal waste combustor unit capacity greater than 225 megagrams per day (250 tons per day) of municipal solid waste for which construction, modification, or reconstruction is commenced as specified in paragraphs (a)(1) and (a)(2) of this section.

(1) Construction is commenced after December 20, 1989 and on or before September 20, 1994.

(2) Modification or reconstruction is commenced after December 20, 1989 and on or before June 19, 1996.

(b) [Reserved]

(c) Any unit combusting a single-item waste stream of tires is not subject to this subpart if the owner or operator of the unit:

(1) Notifies the Administrator of an exemption claim; and

(2) Provides data documenting that the unit qualifies for this exemption.

(d) Any cofired combustor, as defined under §60.51a, located at a plant that meets the capacity specifications in paragraph (a) of this section is not subject to this subpart if the owner or operator of the cofired combustor:

(1) Notifies the Administrator of an exemption claim;

(2) Provides a copy of the federally enforceable permit (specified in the definition of cofired combustor in this section); and

(3) Keeps a record on a calendar quarter basis of the weight of municipal solid waste combusted at the cofired combustor and the weight of all other fuels combusted at the cofired combustor.

(e) Any cofired combustor that is subject to a federally enforceable permit limiting the operation of the combustor to no more than 225 megagrams per day (250 tons per day) of municipal solid waste is not subject to this subpart.

(f) Physical or operational changes made to an existing municipal waste combustor unit primarily for the purpose of complying with emission guidelines under subpart Cb are not considered a modification or reconstruction and do not result in an existing municipal waste combustor unit becoming subject to this subpart.

(g) A qualifying small power production facility, as defined in section 3(17)(C) of the Federal Power Act (16 U.S.C. 796(17)(C)), that burns homogeneous waste (such as automotive tires or used oil, but not including refuse-derived fuel) for the production of electric energy is not subject to this subpart if the owner or operator of the facility notifies the Administrator of an exemption claim and provides data documenting that the facility qualifies for this exemption.

(h) A qualifying cogeneration facility, as defined in section 3(18)(B) of the Federal Power Act (16 U.S.C. 796(18)(B)), that burns homogeneous waste (such as automotive tires or used oil, but not including refuse-derived fuel) for the production of electric energy and steam or forms of useful energy (such as heat) that are used for industrial, commercial, heating, or cooling purposes, is not subject to this subpart if the owner or operator of the facility notifies the Administrator of an exemption claim and provides data documenting that the facility qualifies for this exemption.

(i) Any unit required to have a permit under section 3005 of the Solid Waste Disposal Act is not subject to this subpart.

(j) Any materials recovery facility (including primary or secondary smelters) that combusts waste for the primary purpose of recovering metals is not subject to this subpart.

(k) Pyrolysis/combustion units that are an integrated part of a plastics/rubber recycling unit (as defined in §60.51a) are not subject to this subpart if the owner or operator of the plastics/rubber recycling unit keeps records of: the weight of plastics, rubber, and/or rubber tires processed on a calendar quarter basis; the weight of chemical plant feedstocks and petroleum refinery feedstocks produced and marketed on a calendar quarter basis; and the name and address of the purchaser of the feedstocks. The combustion of gasoline, diesel fuel, jet fuel, fuel oils, residual oil, refinery gas, petroleum coke, liquified petroleum gas, propane, or butane produced by chemical plants or petroleum refineries that use feedstocks produced by plastics/rubber recycling units are not subject to this subpart.

(l) The following authorities shall be retained by the Administrator and not transferred to a State:

None.

(m) This subpart shall become effective on August 12, 1991.

[56 FR 5507, Feb. 11, 1991, as amended at 60 FR 65384, Dec. 19, 1995]