[Code of Federal Regulations]
[Title 40, Volume 25]
[Revised as of July 1, 2008]
From the U.S. Government Printing Office via GPO Access
[CITE: 40CFR265.340]

[Page 598]
 
                   TITLE 40--PROTECTION OF ENVIRONMENT
 
         CHAPTER I--ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)
 
PART 265_INTERIM STATUS STANDARDS FOR OWNERS AND OPERATORS OF HAZARDOUS WASTE 
 
                         Subpart O_Incinerators
 
Sec. 265.340  Applicability.

    Source: 46 FR 7680, Jan. 23, 1981, unless otherwise noted.


    (a) The regulations of this subpart apply to owners and operators of 
hazardous waste incinerators (as defined in Sec. 260.10 of this 
chapter), except as Sec. 265.1 provides otherwise.
    (b) Integration of the MACT standards. (1) Except as provided by 
paragraphs (b)(2) and (b)(3) of this section, the standards of this part 
no longer apply when an owner or operator demonstrates compliance with 
the maximum achievable control technology (MACT) requirements of part 
63, subpart EEE, of this chapter by conducting a comprehensive 
performance test and submitting to the Administrator a Notification of 
Compliance under Sec. Sec. 63.1207(j) and 63.1210(d) of this chapter 
documenting compliance with the requirements of part 63, subpart EEE, of 
this chapter.
    (2) The MACT standards do not replace the closure requirements of 
Sec. 264.351 or the applicable requirements of subparts A through H, BB 
and CC of this part.
    (3) Section 265.345 generally prohibiting burning of hazardous waste 
during startup and shutdown remains in effect if you elect to comply 
with Sec. 270.235(b)(1)(i) of this chapter to minimize emissions of 
toxic compounds from startup and shutdown.
    (c) Owners and operators of incinerators burning hazardous waste are 
exempt from all of the requirements of this subpart, except Sec. 
265.351 (Closure), provided that the owner or operator has documented, 
in writing, that the waste would not reasonably be expected to contain 
any of the hazardous constituents listed in part 261, appendix VIII, of 
this chapter, and such documentation is retained at the facility, if the 
waste to be burned is:
    (1) Listed as a hazardous waste in part 261, subpart D, of this 
chapter solely because it is ignitable (Hazard Code I), corrosive 
(Hazard Code C), or both; or
    (2) Listed as a hazardous waste in part 261, subpart D, of this 
chapter solely because it is reactive (Hazard Code R) for 
characteristics other than those listed in Sec. 261.23(a) (4) and (5), 
and will not be burned when other hazardous wastes are present in the 
combustion zone; or
    (3) A hazardous waste solely because it possesses the characteristic 
of ignitability, corrosivity, or both, as determined by the tests for 
characteristics of hazardous wastes under part 261, subpart C, of this 
chapter; or
    (4) A hazardous waste solely because it possesses the reactivity 
characteristics described by Sec. 261.23(a) (1), (2), (3), (6), (7), or 
(8) of this chapter, and will not be burned when other hazardous wastes 
are present in the combustion zone.

[47 FR 27533, June 24, 1982 and 50 FR 666, Jan. 4, 1985, as amended at 
50 FR 49203, Nov. 29, 1985; 56 FR 7208, Feb. 21, 1991; 64 FR 53075, 
Sept. 30, 1999; 67 FR 6816, Feb. 13, 2002; 70 FR 59575, Oct. 12, 2005]

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