(a) You are subject to this subpart if paragraphs (a)(1), (2)(i) or (ii), and (3) of this section are all true:
(1) You own or operate an HMIWI that is not covered by an EPA approved and effective State or Tribal plan;
(2)(i) Construction of the HMIWI commenced on or before June 20, 1996, or modification of the HMIWI commenced on or before March 16, 1998; or
(i) Construction of the HMIWI commenced on or before June 20, 1996, or modification of the HMIWI commenced on or before March 16, 1998; or
(ii) Construction of the HMIWI commenced after June 20, 1996 but no later than December 1, 2008, or modification of the HMIWI commenced after March 16, 1998 but no later than April 6, 2010; and
(3) You do not meet any of the exemptions in paragraph (b) of this section.
(b) The following exemptions apply: ----------------------------------------------------------------------------------------------------------------
(1) Own or operate an HMIWI that Notify the EPA Keep records on a Are not subject to the
combusts only pathological waste, Administrator (or calendar quarter basis other sections of this
low-level radioactive waste, and/or delegated enforcement of the periods of time subpart during periods
chemothera-peutic waste (all defined authority) of an when only pathological when only
in 40 CFR 62.14490). exemption claim. waste, low-level radio pathological, low-
active waste, and/or level radioactive, and/
chemo therapeutic or chemotherapeutic
waste is combusted, wastes are combusted.
and you submit such
records to the EPA
Administrator (or
delegated enforcement
authority) upon
request,.(2) Own or operate a co-fired Notify the EPA Keep records on a Are not subject to the
combustor (defined in 40 CFR Administrator (or calendar quarter basis other sections of this
62.14490). delegated enforcement of the weight of subpart.
authority) of an hospital waste and
exemption claim and medical/infectious
you provide an waste combusted as
estimate of the well as the weight of
relative weight of all other fuels and
hospital waste, wastes combusted at
medical/infectious the co-fired
waste, and other fuels combustor, and these
and/or wastes to be records reflect that
combusted. the source continues
to meet the definition
of co-fired combustor
in 40 CFR 62.14490,
and you submit such
records to the EPA
Administrator (or
delegated enforcement
authority) upon
request.(3) Own or operate a combustor that ....................... ....................... Are not subject to this
must have a permit under Section subpart.
3005 of the Solid Waste Disposal Act.(4) Own or operate a combustor which ....................... ....................... Are not subject to this
meets the applicability requirements subpart.
of 40 CFR part 60 subpart Cb, Ea, or
Eb (standards or guidelines for
certain municipal waste combustors).(5) Own or operate a pyrolysis unit ....................... ....................... Are not subject to this
(defined in 40 CFR 62.14490) subpart.
processing hospital waste and/or
medical/infectious waste.(6) Own or operate a cement kiln ....................... ....................... Are not subject to this
firing hospital waste and/or medical/ subpart.
infectious waste.----------------------------------------------------------------------------------------------------------------
(c) Owners or operators of sources that qualify for the exemptions in paragraphs (b)(1) or (2) of this section must submit records required to support their claims of exemption to the EPA Administrator (or delegated enforcement authority) upon request. Upon request by any person under the regulation at part 2 of this chapter (or a comparable law or regulation governing a delegated enforcement authority), the EPA Administrator (or delegated enforcement authority) must request the records in (b)(1) or (2) from an owner or operator and make such records available to the requestor to the extent required by part 2 of this chapter (or a comparable law governing a delegated enforcement authority). Records required under paragraphs (b)(1) and (2) of this section must be maintained by the source for a period of at least 5 years. Notifications of exemption claims required under paragraphs (b)(1) and (2) of this section must be maintained by the EPA or delegated enforcement authority for as long as the source is operating under such exempt status. Any information obtained from an owner or operator of a source accompanied by a claim of confidentiality will be treated in accordance with the regulations in part 2 of this chapter (or a comparable law governing a delegated enforcement authority). [65 FR 49881, Aug. 15, 2000, as amended at 78 FR 28066, May 13, 2013]