[Code of Federal Regulations]
[Title 40, Volume 11]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR63.1200]

[Page 8-9]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 63--NATIONAL EMISSION STANDARDS FOR HAZARDOUS AIR POLLUTANTS FOR SOURCE CATEGORIES--Table of Contents
 
 Subpart EEE--National Emission Standards for Hazardous Air Pollutants 
                     from Hazardous Waste Combustors
 
Sec. 63.1200  Who is subject to these regulations?

    Source: 64 FR 53038, Sept. 30, 1999, unless otherwise noted.

                                 General


    The provisions of this subpart apply to all hazardous waste 
combustors: hazardous waste incinerators, hazardous waste burning cement 
kilns, and hazardous waste burning lightweight aggregate kilns, except 
as provided in Table 1 of this section. Hazardous waste combustors are 
also subject to applicable requirements under parts 260-270 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, 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

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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 Sec. 63.1200--Hazardous Waste Combustors Exempt From Subpart EEE
------------------------------------------------------------------------
              If                        And if                Then
------------------------------------------------------------------------
(1) You are a previously        (i) You ceased feeding  You are no
 affected source.                hazardous waste for a   longer subject
                                 period of time          to this subpart
                                 greater than the        (Subpart EEE).
                                 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).
(2) You are a research,         You operate for no      You are not
 development, and                longer than one year    subject to this
 demonstration source.           after first burning     subpart
                                 hazardous waste (Note   (Subpart EEE).
                                 that the                This exemption
                                 Administrator can       applies even if
                                 extend this one-year    there is a
                                 restriction on a case-  hazardous waste
                                 by-case basis upon      combustor at
                                 your written request    the plant site
                                 documenting when you    that is
                                 first burned            regulated under
                                 hazardous waste and     this subpart.
                                 the justification for   You still,
                                 needing additional      however, remain
                                 time to perform         subject to Sec.
                                 research,               270.65 of this
                                 development, or         chapter.
                                 demonstration
                                 operations)..
(3) The only hazardous wastes   ......................  You are not
 you burn are exempt from                                subject to the
 regulation under Sec. 266.100(c)                           requirements of
 of this chapter.                                        this subpart
                                                         (Subpart EEE).
------------------------------------------------------------------------

    (c) Table 1 of this section specifies the provisions of subpart A 
(General Provisions, Secs. 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]