Okla. Admin. Code § 252:100-17-63 - Exemptions

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

Except for required notifications as specified, the following types of individual combustion units are exempt from the requirements of this Part.

(1) Pathological waste incineration units. Incineration units burning 90 percent or more by weight (on a calendar quarter basis and excluding the weight of auxiliary fuel and combustion air) of pathological waste, low-level radioactive waste, and/or chemotherapeutic waste as defined in 40 CFR Section 60.2875, if the owner or operator meets the two requirements specified in subparagraphs (1)(A) and (B) of this Section.
(A) Notifies the DEQ that the unit meets these criteria.
(B) Keeps records on a calendar quarter basis of the weight of pathological waste, low level radioactive waste and/or chemotherapeutic waste burned, and the weight of all other fuels and wastes burned in the unit.
(2) Municipal waste combustion units. Incineration units that are subject to Part 5 of this Subchapter or 40 CFR Part 60, Subpart Ea (Standards of Performance for Municipal Waste Combustors); Subpart Eb (Standards of Performance for Large Municipal Waste Combustors); or Subpart AAAA (Standards of Performance for Small Municipal Waste Combustion Units).
(3) Medical waste incineration units. Incineration subject to Part 7 of this Subchapter or 40 CFR Part 60, Subpart Ec (Standards of Performance for Hospital/Medical/Infectious Waste Incinerators for Which Construction is Commenced After June 20, 1996).
(4) Small power production facilities. Units that meet the three requirements specified in subparagraphs (4)(A) through (D) of Section.
(A) The unit qualifies as a small power-production facility under Section 3(17)(C) of the Federal Power Act ( 16 U.S.C. 796(17)(C) ).
(B) The unit burns homogeneous waste (not including refuse-derived fuel) to produce electricity.
(C) The owner or operator notifies the DEQ that the unit meets all of these criteria.
(D) The owner or operator maintains the records specified in 40 CFR Section 60.2740(v).
(5) Cogeneration facilities. Units that meet the three requirements specified in subparagraphs (5)(A) through (D) of this Section.
(A) The unit qualifies as a cogeneration facility under Section 3(18)(B) of the Federal Power Act ( 16 U.S.C. 796(18)(B) ).
(B) The unit burns homogeneous waste (not including refuse-derived fuel) to produce electricity and steam or other forms of energy used for industrial, commercial, heating, or cooling purposes.
(C) The owner or operator notifies the DEQ that the unit meets all of these criteria.
(D) The owner or operator maintains the records specified in 40 CFR Section 60.2740(w).
(6) Hazardous waste combustion units. Incineration units for which the owner or operator is required to get a permit under Section 3005 of the Solid Waste Disposal Act.
(7) Materials recovery units. Units that combust waste for the primary purpose of recovering metals, such as primary and secondary smelters.
(8) Sewage treatment plants. Incineration units regulated under 40 CFR Part 60, Subpart O (Standards of Performance for Sewage Treatment Plants).
(9) Sewage sludge incineration units. Incineration units that combust sewage sludge for the purpose of reducing the volume of the sewage sludge by removing combustible matter and that are subject to 40 CFR Part 60, Subpart LLLL (Standards of Performance for Sewage Sludge Incineration Units).
(10) Other solid waste incineration units. Incineration units that are subject to Part 11 of this Subchapter or 40 CFR Part 60, Subpart EEEE (Standards of Performance for Other Solid Waste Incineration Units).

Notes

Okla. Admin. Code § 252:100-17-63
Added at 20 Ok Reg 1595, eff 6-12-03; Amended at 22 Ok Reg 1446, eff 6-15-05
Amended by Oklahoma Register, Volume 31, Issue 24, September 2, 2014, eff. 9/12/2014 Amended by Oklahoma Register, Volume 37, Issue 24, September 1, 2020, eff. 9/15/2020

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