[Code of Federal Regulations]

[Title 40, Volume 6]

[Revised as of July 1, 2005]

From the U.S. Government Printing Office via GPO Access

[CITE: 40CFR60.32b]



[Page 92-93]

 

                   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 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



[[Page 93]]



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]