(a) Small municipal waste combustion units that combust less than 11 tons per day. You are exempt from this subpart if you meet four requirements:
(1) Your municipal waste combustion unit is subject to a federally enforceable permit limiting the amount of municipal solid waste combusted to less than 11 tons per day.
(2) You notify the Administrator that the unit qualifies for the exemption.
(3) You provide the Administrator with a copy of the federally enforceable permit.
(4) You keep daily records of the amount of municipal solid waste combusted.
(b) Small power production facilities. You are exempt from this subpart if you meet four requirements:
(1) Your 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)).
(2) Your unit combusts homogeneous waste (excluding refuse-derived fuel) to produce electricity.
(3) You notify the Administrator that the unit qualifies for the exemption.
(4) You provide the Administrator with documentation that the unit qualifies for the exemption.
(c) Cogeneration facilities. You are exempt from this subpart if you meet four requirements:
(1) Your unit qualifies as a cogeneration facility under section 3(18)(B) of the Federal Power Act (16 U.S.C. 796(18)(B)).
(2) Your unit combusts homogeneous waste (excluding refuse-derived fuel) to produce electricity and steam or other forms of energy used for industrial, commercial, heating, or cooling purposes.
(3) You notify the Administrator that the unit qualifies for the exemption.
(4) You provide the Administrator with documentation that the unit qualifies for the exemption.
(d) Municipal waste combustion units that combust only tires. You are exempt from this subpart if you meet three requirements:
(1) Your municipal waste combustion unit combusts a single-item waste stream of tires and no other municipal waste (the unit can co-fire coal, fuel oil, natural gas, or other nonmunicipal solid waste).
(2) You notify the Administrator that the unit qualifies for the exemption.
(3) You provide the Administrator with documentation that the unit qualifies for the exemption.
(e) Hazardous waste combustion units. You are exempt from this subpart if you get a permit for your unit under section 3005 of the Solid Waste Disposal Act.
(f) Materials recovery units. You are exempt from this subpart if your unit combusts waste mainly to recover metals. Primary and secondary smelters qualify for the exemption.
(g) Co-fired combustors. You are exempt from this subpart if you meet four requirements:
(1) Your unit has a federally enforceable permit limiting the combustion of municipal solid waste to 30 percent of the total fuel input by weight.
(2) You notify the Administrator that the unit qualifies for the exemption.
(3) You provide the Administrator with a copy of the federally enforceable permit.
(4) You record the weights, each quarter, of municipal solid waste and of all other fuels combusted.
(h) Plastics/rubber recycling units. You are exempt from this subpart if you meet four requirements:
(1) Your pyrolysis/combustion unit is an integrated part of a plastics/rubber recycling unit as defined under ``Definitions'' (Sec. 60.1465).
(2) You record the weights, each quarter, of plastics, rubber, and rubber tires processed.
(3) You record the weights, each quarter, of feed stocks produced and marketed from chemical plants and petroleum refineries.
(4) You keep the name and address of the purchaser of those feed stocks.
(i) Units that combust fuels made from products of plastics/rubber recycling plants. You are exempt from this subpart if you meet two requirements:
(1) Your unit combusts 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.
(2) Your unit does not combust any other municipal solid waste.
(j) Cement kilns. You are exempt from this subpart if your cement kiln combusts municipal solid waste.
(k) Air curtain incinerators. If your air curtain incinerator (see Sec. 60.1465 for definition) combusts 100 percent yard waste, you must meet only the requirements under ``Air Curtain Incinerators That Burn 100 Percent Yard Waste'' (Sec. Sec. 60.1435 through 60.1455).