Okla. Admin. Code § 252:100-17-15 - Exemptions

Current through Register Vol. 39, No. 2, October 1, 2021

(a) Any MWC unit that is capable of combusting more than 250 tons per day of MSW and is subject to a federally enforceable permit limiting the maximum amount of MSW that may be combusted in the unit to less than or equal to 11 tons per day is not subject to this Part if the owner/operator:
(1) Notifies the EPA of an exemption claim.
(2) Provides the EPA with a copy of the federally enforceable permit that limits the firing of MSW to less than or equal to 11 tons per day.
(3) Keeps records of the amount of MSW fired per day.
(b) 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 produces electric energy from homogeneous waste is not subject to this Part if the owner/operator:
(1) Notifies the EPA of an exemption claim.
(2) Provides the EPA data documenting that the facility qualifies for this exemption.
(c) 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 to produce electric energy, steam, or other useful energy used for industrial, commercial, heating, or cooling purposes, is not subject to this Part if the owner/operator:
(1) Notifies the EPA of an exemption claim.
(2) Provides the EPA data documenting that the facility qualifies for this exemption.
(d) Any unit combusting a single-item waste stream of tires is not subject to this Part if the owner/operator:
(1) Notifies the EPA of an exemption claim.
(2) Provides the EPA with data documenting that the unit qualifies for this exemption.
(e) Any unit required to have a hazardous waste permit is not subject to this Part.
(f) Any materials recovery facility (including primary or secondary smelters) that combusts waste for the primary purpose of recovering metals is not subject to this Part.
(g) Any cofired combustor that meets the capacity specifications in paragraph (a) of this section is not subject to this Part if the owner/operator:
(1) Notifies the EPA of an exemption claim.
(2) Provides the EPA with a copy of the federally enforceable permit.
(3) Keeps separate records, on a calendar quarter basis, of the weight of MSW and the weight of all other fuels combusted at the cofired combustor.
(h) Air curtain incinerators that meet the capacity specifications in 252:100-17-23 of this Subchapter and combust a 100 percent yard waste fuel stream are not subject to this Part, except:
(1) The opacity limit under section 252:100-17-23 of this Subchapter.
(2) The testing procedures under section 252:100-17-25 of this Subchapter.
(3) The reporting and recordkeeping provisions under section 252:100-17-26 of this Subchapter.
(i) Pyrolysis/combustion units that are an integrated part of a plastics/rubber recycling unit are not subject to this Part if the owner/operator of the unit maintains records of:
(1) The weight of plastics, rubber, and/or rubber tires processed on a calendar quarter basis.
(2) The weight of chemical plant feedstocks and petroleum refinery feedstocks produced and marketed on a calendar quarter basis.
(3) The name and address of the purchaser of the feedstocks.
(j) The combustion of gasoline, diesel fuel, jet fuel, fuel oils, residual oil, refinery gas, petroleum coke, liquefied 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 Part.
(k) Cement kilns firing MSW are not subject to this Part.
(l) No MWC is subject to subpart E of 40 CFR Part 60.
(m) Physical or operational changes made to an existing municipal waste combustor unit primarily for the purpose of complying with this Part are not considered in determining whether the unit is a modified or reconstructed facility under subpart Ea or subpart Eb of 40 CFR Part 60.

Notes

Okla. Admin. Code § 252:100-17-15
Added at 15 Ok Reg 2591, eff 6-25-98; Amended at 26 Ok Reg 1165, eff 7-1-09

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