40 CFR 63.1200 - Who is subject to these regulations?

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§ 63.1200 Who is subject to these regulations?

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]

This is a list of United States Code sections, Statutes at Large, Public Laws, and Presidential Documents, which provide rulemaking authority for this CFR Part.

This list is taken from the Parallel Table of Authorities and Rules provided by GPO [Government Printing Office].

It is not guaranteed to be accurate or up-to-date, though we do refresh the database weekly. More limitations on accuracy are described at the GPO site.

United States Code

Title 40 published on 10-May-2017 04:28

The following are ALL rules, proposed rules, and notices (chronologically) published in the Federal Register relating to 40 CFR Part 63 after this date.

  • 2017-05-11; vol. 82 # 90 - Thursday, May 11, 2017
    1. 82 FR 21927 - Delegation of New Source Performance Standards and National Emission Standards for Hazardous Air Pollutants for the States of Arizona and Nevada
      GPO FDSys XML | Text
      Direct final rule.
      This rule is effective on July 10, 2017 without further notice, unless EPA receives adverse comments by June 12, 2017. If we receive such comments, we will publish a timely withdrawal in the Federal Register to notify the public that this direct final rule will not take effect.
      40 CFR Parts 60, 61 and 63


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