Code of Federal Regulations Title 40. Protection of Environment § 40.63.1200 Who is subject to these regulations?

(1) You are a previously affected source

(i) You ceased feeding hazardous waste for a period of time greater than the hazardous waste residence time (i.e., hazardous waste no longer resides in the combustion chamber);

You are no longer subject to this subpart (Subpart EEE).

(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, development, and demonstration source

You operate for no longer than one year after first burning hazardous waste (Note that the Administrator can extend this one-year restriction on a case-by-case basis upon your written request documenting when you first burned hazardous waste and the justification for needing additional time to perform research, development, or demonstration operations).

You are not subject to this subpart (Subpart EEE). This exemption applies even if there is a hazardous waste combustor at the plant site that is regulated under this subpart. You still, however, remain subject to § 270.65 of this chapter.

(3) The only hazardous wastes you burn are exempt from regulation under § 266.100(c) of this chapter

You are not subject to the requirements of this subpart (Subpart EEE).

(4) You meet the definition of a small quantity burner under § 266.108 of this chapter

You are not subject to the requirements of this subpart (Subpart EEE).