This subpart exempts 11 types of units, described in paragraphs (a) through (k) of this section, from complying with the requirements of this subpart with the exception of the requirements specified in this section.
(a) Pathological waste incineration units. Incineration units burning 90 percent or more by weight (on a calendar quarter basis and excluding the weight of auxiliary fuel and combustion air) of pathological waste, low-level radioactive waste, and/or chemotherapeutic waste as defined in § 62.14785a are not subject to this subpart if you meet the two requirements specified in paragraphs (a)(1) and (2) of this section.
(1) Notify the Administrator that the unit meets the criteria in this paragraph (a).
(2) Keep records on a calendar quarter basis of the weight of pathological waste, low-level radioactive waste, and/or chemotherapeutic waste burned, and the weight of all other fuels and wastes burned in the unit.
(b) Municipal waste combustion units. Incineration units that are regulated under 40 CFR part 60, subpart Ea, Eb, Cb, AAAA, or BBBB or subpart JJJ of this part.
(c) Medical waste incineration units. Incineration units regulated under 40 CFR part 60, subparts Ec and Ce and subpart HHH of this part.
(d) Small power production facilities. Units that meet the four requirements specified in paragraphs (d)(1) through (4) of this section.
(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 burns homogeneous waste (not including refuse-derived fuel) to produce electricity.
(3) You submit documentation to the Administrator notifying the Agency that the qualifying small power production facility is combusting homogenous waste.
(4) You must maintain the records specified in § 62.14675a(t).
(e) Cogeneration facilities. Units that meet the four requirements specified in paragraphs (e)(1) through (4) of this section.
(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 burns homogeneous waste (not including refuse-derived fuel) to produce electricity and steam or other forms of energy used for industrial, commercial, heating, or cooling purposes.
(3) You submit documentation to the Administrator notifying the Agency that the qualifying cogeneration facility is combusting homogenous waste.
(4) You maintain the records specified in § 62.14675a(u).
(f) Hazardous waste combustion units. Units for which you are required to get a permit under section 3005 of the Solid Waste Disposal Act.
(g) Materials recovery units. Units that combust waste for the primary purpose of recovering metals, such as primary and secondary smelters.
(h) Air curtain incinerators. Air curtain incinerators that burn 100 percent wood waste; 100 percent clean lumber; or a 100 percent mixture of only wood waste, clean lumber, and/or yard waste; are required to meet only the requirements under §§ 62.14740a through 62.14765a and 62.14770a.
(i) Sewage treatment plants. Incineration units regulated under 40 CFR part 60, subpart O.
(j) Sewage sludge incineration units. Incineration units combusting sewage sludge for the purpose of reducing the volume of the sewage sludge by removing combustible matter that are subject to 40 CFR part 60, subpart LLLL or MMMM.
(k) Other solid waste incineration units. Incineration units that are subject to 40 CFR part 60, subpart EEEE or FFFF.
(l) Small, remote incinerators. Incineration units located in the State of Alaska are not subject to this subpart as specified in the Consolidated Appropriations Act of 2024, H.R. 4366, section 432.