The provisions of this subpart apply to all hazardous waste combustors: hazardous waste incinerators, hazardous waste cement kilns, hazardous waste lightweight aggregate kilns, hazardous waste solid fuel boilers, hazardous waste liquid fuel boilers, and hazardous waste hydrochloric acid production furnaces. Hazardous waste combustors are also subject to applicable requirements under parts 260 through 270 of this chapter.
(a) What if I am an area source?
(1) Both area sources and major sources are subject to this subpart.
(2) Both area sources and major sources subject to this subpart, but not previously subject to title V, are immediately subject to the requirement to apply for and obtain a title V permit in all States, and in areas covered by part 71 of this chapter.
(b) These regulations in this subpart do not apply to sources that meet the criteria in Table 1 of this Section, as follows:
Table 1 to §63.1200—Hazardous Waste Combustors Exempt From Subpart EEE
| If | And if | Then |
|---|---|---|
| (1) You are a previously affected source | (i) You ceased feeding hazardous waste for a period of time greater than the hazardous waste residence time (i.e., hazardous waste no longer resides in the combustion chamber); (ii) You have initiated the closure requirements of subpart G, parts 264 or 265 of this chapter; (iii) You begin complying with the requirements of all other applicable standards of this part (Part 63); and (iv) You notify the Administrator in writing that you are no longer an affected source under this subpart (Subpart EEE) |
You are no longer subject to this subpart (Subpart EEE). |
| (2) You are a research, development, and demonstration source | You operate for no longer than one year after first burning hazardous waste (Note that the Administrator can extend this one-year restriction on a case-by-case basis upon your written request documenting when you first burned hazardous waste and the justification for needing additional time to perform research, development, or demonstration operations). | You are not subject to this subpart (Subpart EEE). This exemption applies even if there is a hazardous waste combustor at the plant site that is regulated under this subpart. You still, however, remain subject to §270.65 of this chapter. |
| (3) The only hazardous wastes you burn are exempt from regulation under §266.100(c) of this chapter | You are not subject to the requirements of this subpart (Subpart EEE). | |
| (4) You meet the definition of a small quantity burner under §266.108 of this chapter | You are not subject to the requirements of this subpart (Subpart EEE). |
(c) Table 1 of this section specifies the provisions of subpart A (General Provisions, §§63.1-63.15) that apply and those that do not apply to sources affected by this subpart.
[64 FR 53038, Sept. 30, 1999, as amended at 65 FR 42297, July 10, 2000; 67 FR 6986, Feb. 14, 2002; 70 FR 59540, Oct. 12, 2005]
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