The provisions of this subpart apply to all hazardous waste combustors: hazardous waste incinerators, hazardous waste cement kilns, hazardous waste lightweight aggregate kilns, hazardous waste solid fuel boilers, hazardous waste liquid fuel boilers, and hazardous waste hydrochloric acid production furnaces. Hazardous waste combustors are also subject to applicable requirements under parts 260 through 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 subject to this subpart, but 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 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------------------------------------------------------------------------
(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
development, or this chapter.
demonstration
operations)..(3) The only hazardous wastes ...................... You are not
you burn are exempt from subject to the
regulation under Sec. requirements of
266.100(c) of this chapter. this subpart
(Subpart EEE).(4) You meet the definition of ...................... You are not
a small quantity burner under subject to the
Sec. 266.108 of this requirements of
chapter. this subpart
(Subpart EEE).------------------------------------------------------------------------
(c) Table 1 of this section specifies the provisions of subpart A (General Provisions, Sec. Sec. 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; 70 FR 59540, Oct. 12, 2005]