The following are exempt from this rule:
Any municipal waste combustor unit that
is capable of combusting more than two hundred fifty (250) tons per day of
municipal solid waste and is subject to a federally enforceable permit limiting
the maximum amount of municipal solid waste that may be combusted to less than
or equal to eleven (11) tons per day, provided the owner or operator does the
(A) Notifies the department and
U.S. EPA of an exemption claim and includes as a part of the notification a
copy of its federally enforceable operating permit.
(B) Maintains daily records of the amount of
municipal solid waste combusted.
The following facilities, provided the
owner or operator of the facility notifies the department and U.S. EPA of an
exemption claim and provides data documenting that the facility qualifies for
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
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.
(C) Any unit combusting a single-item waste
stream of tires.
unit required to have a permit under Section 3005 of the Solid Waste Disposal
Act ( 42 U.S.C. 6925
material recovery facility, including a primary or secondary smelter, that
combusts waste for the primary purpose of recovering metals.
Any cofired combustor with a plant
capacity greater than two hundred fifty (250) tons per day of municipal solid
waste, provided the owner or operator of the facility does the following:
(A) Notifies the department and U.S. EPA of
an exemption claim and includes as a part of the notification a copy of its
federally enforceable operating permit.
Keeps records on a calendar quarter basis
of the weight of the following:
solid waste combusted at the cofired combustor.
(ii) All other fuels combusted at the cofired
Pyrolysis/combustion units that are an
integrated part of a plastics/rubber recycling unit, provided the owner or
operator of the plastics/rubber recycling unit keeps the following records:
(A) The weight of plastics/rubber or rubber
tires processed on a calendar quarter basis.
(B) The weight of chemical plant feedstocks
and petroleum refinery feedstocks produced and marketed on a calendar quarter
(C) The name and address of
the purchaser of the feedstocks.
(7) Cement kilns firing municipal solid
The combustion of
gasoline, diesel fuel, fuel oil, 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. (c) Physical or operational changes made to an existing municipal waste
unit primarily for the purpose of complying with emission limits under this
rule are not considered in determining whether the unit is a modified or
reconstructed facility under 40 CFR 60
, Subpart Ea*, or 40 CFR 60
*These documents are incorporated by reference. Copies may be
obtained from the Government Printing Office, 732 North Capitol Street NW,
Washington, D.C. 20401 or are available for review and copying at the Indiana
Department of Environmental Management, Office of Air Quality, Indiana
Government Center-North, Tenth Floor, 100 North Senate Avenue, Indianapolis,