§ 60.6305 Are any large municipal waste combustors exempt from my state plan?
(a) Small municipal waste combustors that combust less than 11 tons per day. Units are exempt from your state plan if five requirements are met:
(1) The municipal waste combustor is subject to a federally enforceable permit limiting the amount of municipal solid waste combusted to less than 11 tons per day.
(2) You are notified by the owner or operator that the unit qualifies for the exemption.
(3) You receive from the owner or operator of the unit a copy of the federally enforceable permit.
(4) The owner or operator of the unit keeps daily records of the amount of municipal solid waste combusted.
(5) The owner or operator of the unit submits the notification and data required by (a)(2) and (3) of this section as a portable document format (PDF) file electronically according to § 60.6605(e).
(b) Small power production units. Units are exempt from your state plan if five requirements are met:
(1) The 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) The unit combusts homogeneous waste (such as automotive tires or used oil, but excluding refuse-derived fuel) to produce electricity.
(3) You are notified by the owner or operator that the unit qualifies for the exemption.
(4) You receive documentation from the owner or operator that the unit qualifies for the exemption.
(5) The owner or operator of the unit submits the notification and data required by (b)(3) and (4) of this section as a PDF file electronically according to § 60.6605(e).
(c) Cogeneration units. Units are exempt from your state plan if five requirements are met:
(1) The unit qualifies as a cogeneration facility under section 3(18)(B) of the Federal Power Act (16 U.S.C. 796(18)(B)).
(2) The unit combusts homogeneous waste (such as automotive tires or used oil, but excluding refuse-derived fuel) to produce electricity and steam or other forms of energy used for industrial, commercial, heating, or cooling purposes.
(3) You are notified by the owner or operator that the unit qualifies for the exemption.
(4) You receive documentation from the owner or operator that the unit qualifies for the exemption.
(5) The owner or operator of the unit submits the notification and data required by (c)(3) and (4) of this section as a PDF file electronically according to § 60.6605(e).
(d) Municipal waste combustors that combust only tires. Units are exempt from your state plan if four requirements are met:
(1) The municipal waste combustor combusts a single-item waste stream of tires.
(2) You are notified by the owner or operator that the unit qualifies for the exemption.
(3) You receive documentation from the owner or operator that the unit qualifies for the exemption.
(4) The owner or operator of the unit submits the notification and data required by (d)(2) and (3) of this section as a PDF file electronically according to § 60.6605(e).
(e) Hazardous waste combustion units. Units are exempt from your state plan if the units have received a permit under section 3005 of the Solid Waste Disposal Act.
(f) Materials recovery units. Units are exempt from your state plan if the units combust waste mainly to recover metals. Primary and secondary smelters may qualify for the exemption.
(g) Co-fired units. Units are exempt from your state plan if five requirements are met:
(1) The unit is a co-fired combustor as defined under § 60.6685 and has a federally enforceable permit limiting municipal solid waste combustion to 30 percent of the total fuel input by weight.
(2) You are notified by the owner or operator that the unit qualifies for the exemption.
(3) You receive from the owner or operator of the unit a copy of the federally enforceable permit.
(4) The owner or operator records the weights, each quarter, of municipal solid waste and of all other fuels combusted.
(5) The owner or operator of the unit submits the notification and data required by (g)(2) and (3) of this section as a PDF file electronically according to § 60.6605(e).
(h) Plastics/rubber recycling units. Units are exempt from your state plan if five requirements are met:
(1) The pyrolysis/combustion unit is an integrated part of a plastics/rubber recycling unit as defined under “Definitions” (§ 60.6685).
(2) The owner or operator of the unit records the weight, each quarter, of plastics, rubber, and rubber tires processed.
(3) The owner or operator of the unit records the weight, each quarter, of feed stocks produced and marketed from chemical plants and petroleum refineries.
(4) The owner or operator of the unit keeps the name and address of the purchaser of the feed stocks.
(5) The owner or operator of the unit submits a notification that the pyrolysis/combustion is not subject to this subpart as a PDF file electronically according to § 60.6605(e).
(i) Units that combust fuels made from products of plastics/rubber recycling plants. Units are exempt from your state plan if two requirements are met:
(1) The 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) The unit does not combust any other municipal solid waste.
(j) Cement kilns. Cement kilns that combust municipal solid waste are exempt from your state plan.
(k) Air curtain incinerators. If an air curtain incinerator (see § 60.6685 for definition) meets the capacity specifications in § 60.6300(a) and combusts a fuel stream composed of 100 percent wood waste, 100 percent clean lumber, 100 percent yard waste, or a 100 percent mixture of only wood waste, clean lumber, and/or yard waste, then the unit must only meet the opacity standard, testing procedures, and the reporting and recordkeeping requirements under “Model Rule—Air Curtain Incinerators That Burn 100 Percent Yard Waste” (§§ 60.6655 through 60.6675). If an air curtain incinerator meets the capacity specifications in § 60.6300(a) and combusts municipal solid waste other than 100 percent wood waste, 100 percent clean lumber, 100 percent yard waste, or a 100 percent mixture of only wood waste, clean lumber, and/or yard waste, the unit is subject to all requirements of this subpart.