[Code of Federal Regulations]
[Title 40, Volume 6]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR60.32b]

[Page 84-85]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 60--STANDARDS OF PERFORMANCE FOR NEW STATIONARY SOURCES--Table of Contents
 
    Subpart Cb--Emissions Guidelines and Compliance Times for Large 
 Municipal Waste Combustors That are Constructed on or Before September 
                                20, 1994
 
Sec. 60.32b  Designated facilities.

    (a) The designated facility to which these guidelines apply is each 
municipal waste combustor unit with a combustion capacity greater than 
250 tons per day of municipal solid waste for which construction was 
commenced on or before September 20, 1994.
    (b) Any municipal waste combustion unit that is capable of 
combusting more than 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 in the unit to less than or 
equal to 11 tons per day is not subject to this subpart if the owner or 
operator:
    (1) Notifies the EPA Administrator of an exemption claim,
    (2) Provides a copy of the federally enforceable permit that limits 
the firing of municipal solid waste to less than 11 tons per day, and
    (3) Keeps records of the amount of municipal solid waste fired on a 
daily basis.
    (c) Physical or operational changes made to an existing municipal 
waste combustor unit primarily for the purpose of complying with 
emission guidelines under this subpart are not considered in determining 
whether the unit is a modified or reconstructed facility

[[Page 85]]

under subpart Ea or subpart Eb of this part.
    (d) 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 electric energy is 
not subject to this subpart if the owner or operator of the facility 
notifies the EPA Administrator of this exemption and provides data 
documenting that the facility qualifies for this exemption.
    (e) 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 (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, is not subject to 
this subpart if the owner or operator of the facility notifies the EPA 
Administrator of this exemption and provides data documenting that the 
facility qualifies for this exemption.
    (f) Any unit combusting a single-item waste stream of tires is not 
subject to this subpart if the owner or operator of the unit:
    (1) Notifies the EPA Administrator of an exemption claim, and
    (2) Provides data documenting that the unit qualifies for this 
exemption.
    (g) Any unit required to have a permit under section 3005 of the 
Solid Waste Disposal Act is not subject to this subpart.
    (h) Any materials recovery facility (including primary or secondary 
smelters) that combusts waste for the primary purpose of recovering 
metals is not subject to this subpart.
    (i) Any cofired combustor, as defined under Sec. 60.51b of subpart 
Eb of this part, that meets the capacity specifications in paragraph (a) 
of this section is not subject to this subpart if the owner or operator 
of the cofired combustor:
    (1) Notifies the EPA Administrator of an exemption claim,
    (2) Provides a copy of the federally enforceable permit (specified 
in the definition of cofired combustor in this section), and
    (3) Keeps a record on a calendar quarter basis of the weight of 
municipal solid waste combusted at the cofired combustor and the weight 
of all other fuels combusted at the cofired combustor.
    (j) Air curtain incinerators, as defined under Sec. 60.51b of 
subpart Eb of this part, that meet the capacity specifications in 
paragraph (a) of this section, and that combust a fuel stream composed 
of 100 percent yard waste are exempt from all provisions of this subpart 
except the opacity standard under Sec. 60.37b, the testing procedures 
under Sec. 60.38b, and the reporting and recordkeeping provisions under 
Sec. 60.39b.
    (k) Air curtain incinerators that meet the capacity specifications 
in paragraph (a) of this section and that combust municipal solid waste 
other than yard waste are subject to all provisions of this subpart.
    (l) Pyrolysis/combustion units that are an integrated part of a 
plastics/rubber recycling unit (as defined in Sec. 60.51b) are not 
subject to this subpart if the owner or operator of the plastics/rubber 
recycling unit keeps records of the weight of plastics, rubber, and/or 
rubber tires processed on a calendar quarter basis; the weight of 
chemical plant feedstocks and petroleum refinery feedstocks produced and 
marketed on a calendar quarter basis; and the name and address of the 
purchaser of the feedstocks. The combustion of gasoline, diesel fuel, 
jet fuel, fuel oils, 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 are not subject to this subpart.
    (m) Cement kilns firing municipal solid waste are not subject to 
this subpart.

[60 FR 65415, Dec. 19, 1995, as amended at 62 FR 45119, 45125, Aug. 25, 
1997]