40 CFR § 62.15020 - Can my small municipal waste combustion unit be exempt from this subpart?
(a) Small municipal waste combustion units that combust less than 11 tons per day. Your unit is exempt from this subpart if four requirements are met:
(1) Your municipal waste combustion unit is subject to a federally enforceable permit limiting municipal solid waste combustion to less than 11 tons per day.
(2) You notify the Administrator that the unit qualifies for this exemption.
(3) You submit to the Administrator a copy of the federally enforceable permit.
(4) You keep daily records of the amount of municipal solid waste combusted.
(b) Small power production units. Your unit is exempt from this subpart if four requirements are met:
(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 this exemption.
(4) You submit to the Administrator documentation that the unit qualifies for this exemption.
(c) Cogeneration units. Your unit is exempt from this subpart if four requirements are met:
(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 this exemption.
(4) You submit to the Administrator documentation that the unit qualifies for this exemption.
(d) Municipal waste combustion units that combust only tires. Your unit is exempt from this subpart if three requirements are met:
(1) Your municipal waste combustion unit combusts a single-item waste stream of tires and no other municipal waste (the unit can cofire coal, fuel oil, natural gas, or other nonmunicipal solid waste).
(2) You notify the Administrator that the unit qualifies for this exemption.
(3) You provide the Administrator documentation that the unit qualifies for this exemption.
(e) Hazardous waste combustion units. Your unit is exempt from this subpart if the unit has received a permit under section 3005 of the Solid Waste Disposal Act.
(f) Materials recovery units. Your unit is exempt from this subpart if the unit combusts waste mainly to recover metals. Primary and secondary smelters may qualify for this exemption.
(g) Cofired units. Your unit is exempt from this subpart if four requirements are met:
(1) Your unit has a federally enforceable permit limiting municipal solid waste combustion to 30 percent of the total fuel input by weight.
(2) You notify the Administrator that the unit qualifies for this 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. Your unit is exempt from this subpart if four requirements are met:
(1) Your pyrolysis/combustion unit is an integrated part of a plastics/rubber recycling unit as defined under “Definitions” (§ 62.15410).
(2) You record the weight, each quarter, of plastics, rubber, and rubber tires processed.
(3) You record the weight, 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 the feed stocks.
(i) Units that combust fuels made from products of plastics/rubber recycling plants. Your unit is exempt from this subpart if two requirements are met:
(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 feed stocks produced by plastics/rubber recycling units.
(2) Your unit does not combust any other municipal solid waste.
(j) Cement kilns. Your unit is exempt from this subpart if your cement kiln combusts municipal solid waste.
(k) Air curtain incinerators. If your air curtain incinerator (see § 62.15410 for definition) combusts 100 percent yard waste, then you must meet only the requirements under “Air Curtain Incinerators That Burn 100 Percent Yard Waste” (§§ 62.15365 through 62.15385) and the title V operating permit requirements of this subpart. However, if your air curtain incinerator combusts municipal solid waste other than yard waste, it is subject to all provisions of this subpart.