[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: 40CFR63.1213]

[Page 61-62]
 
                   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. 63.1213  How can the compliance date be extended to install pollution prevention or waste minimization controls?

    (a) Applicability. You may request from the Administrator or State 
with an approved Title V program an extension of the compliance date of 
up to one year. An extension may be granted if you can reasonably 
document that the installation of pollution prevention or waste 
minimization measures will significantly reduce the amount and/or 
toxicity of hazardous wastes entering the feedstream(s) of the hazardous 
waste combustor(s), and that you could not install the necessary control 
measures and comply with the emission standards and operating 
requirements of this subpart by the compliance date.
    (b) Requirements for requesting an extension. (1) You must make your 
requests for an (up to) one-year extension in writing in accordance with 
Sec. 63.6(i)(4)(B) and (C). The request must contain the following 
information:
    (i) A description of pollution prevention or waste minimization 
controls that, when installed, will significantly reduce the amount and/
or toxicity of hazardous wastes entering the feedstream(s) of the 
hazardous waste combustor(s). Pollution prevention or waste minimization 
measures may include: equipment or technology modifications, 
reformulation or redesign of products, substitution of raw materials, 
improvements in work practices, maintenance, training, inventory 
control, or recycling practices conducted as defined in Sec. 261.1(c) of 
this chapter;

[[Page 62]]

    (ii) A description of other pollution controls to be installed that 
are necessary to comply with the emission standards and operating 
requirements;
    (iii) A reduction goal or estimate of the annual reductions in 
quantity and/or toxicity of hazardous waste(s) entering combustion 
feedstream(s) that you will achieve by installing the proposed pollution 
prevention or waste minimization measures;
    (iv) A comparison of reductions in the amounts and/or toxicity of 
hazardous wastes combusted after installation of pollution prevention or 
waste minimization measures to the amounts and/or toxicity of hazardous 
wastes combusted prior to the installation of these measures. If the 
difference is less than a fifteen percent reduction, include a 
comparison to pollution prevention and waste minimization reductions 
recorded during the previous five years;
    (v) Reasonable documentation that installation of the pollution 
prevention or waste minimization changes will not result in a net 
increase (except for documented increases in production) of hazardous 
constituents released to the environment through other emissions, wastes 
or effluents;
    (vi) Reasonable documentation that the design and installation of 
waste minimization and other measures that are necessary for compliance 
with the emission standards and operating requirements of this subpart 
cannot otherwise be installed within the three year compliance period, 
and
    (vii) The information required in Sec. 63.6(i)(6)(i)(B) through (D).
    (2) You may enclose documentation prepared under an existing State-
required pollution prevention program that contains the information 
prescribed in paragraph (b) of this section with a request for extension 
in lieu of complying with the time extension requirements of that 
paragraph.
    (c) Approval of request for extension of compliance date. Based on 
the information provided in any request made under paragraph (a) of this 
section, the Administrator or State with an approved title V program may 
grant an extension of the compliance date of this subpart. The extension 
will be in writing in accordance with Secs. 63.6(i)(10)(i) through 
63.6(i)(10)(v)(A).

[57 FR 61992, Dec. 29, 1992, as amended at 67 FR 6994, Feb. 14, 2002; 67 
FR 77691, Dec. 19, 2002]