Section 264.340 - Applicability(a) The regulations of this subpart apply to owners and operators of hazardous waste incinerators (as defined in § 260.10 of this chapter), except as § 264.1 provides otherwise.(b)Integration of the MACT standards.(1) Except as provided by paragraphs (b)(2) through (b)(4) of this section, the standards of this part do not apply to a new hazardous waste incineration unit that becomes subject to RCRA permit requirements after October 12, 2005; or no longer apply when an owner or operator of an existing hazardous waste incineration unit 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 §§ 63.1207(j) and 63.1210(d) of this chapter documenting compliance with the requirements of part 63, subpart EEE, of this chapter. Nevertheless, even after this demonstration of compliance with the MACT standards, RCRA permit conditions that were based on the standards of this part will continue to be in effect until they are removed from the permit or the permit is terminated or revoked, unless the permit expressly provides otherwise.(2) The MACT standards do not replace the closure requirements of § 264.351 or the applicable requirements of subparts A through H, BB and CC of this part.(3) The particulate matter standard of § 264.343(c) remains in effect for incinerators that elect to comply with the alternative to the particulate matter standard under §§ 63.1206(b)(14) and 63.1219(e) of this chapter.(4) The following requirements remain in effect for startup, shutdown, and malfunction events if you elect to comply with § 270.235(a)(1)(i) of this chapter to minimize emissions of toxic compounds from these events: (i) Section 264.345(a) requiring that an incinerator operate in accordance with operating requirements specified in the permit; and(ii) Section 264.345(c) requiring compliance with the emission standards and operating requirements during startup and shutdown if hazardous waste is in the combustion chamber, except for particular hazardous wastes.(c) After consideration of the waste analysis included with part B of the permit application, the Regional Administrator, in establishing the permit conditions, must exempt the applicant from all requirements of this subpart except § 264.341 (Waste analysis) and § 264.351 (Closure), (1) If the Regional Administrator finds that the waste to be burned is: (i) 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(ii) 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 § 261.23(a) (4) and (5) , and will not be burned when other hazardous wastes are present in the combustion zone; or(iii) A hazardous waste solely because it possesses the characteristic of ignitability, corrosivity, or both, as determined by the test for characteristics of hazardous wastes under part 261, subpart C, of this chapter; or(iv) A hazardous waste solely because it possesses any of the reactivity characteristics described by § 261.23(a) (1), (2), (3), (6), (7), and (8) of this chapter, and will not be burned when other hazardous wastes are present in the combustion zone; and(2) If the waste analysis shows that the waste contains none of the hazardous constituents listed in part 261, appendix VIII, of this chapter, which would reasonably be expected to be in the waste.(d) If the waste to be burned is one which is described by paragraphs (b)(1)(i), (ii), (iii), or (iv) of this section and contains insignificant concentrations of the hazardous constituents listed in part 261, appendix VIII, of this chapter, then the Regional Administrator may, in establishing permit conditions, exempt the applicant from all requirements of this subpart, except § 264.341 (Waste analysis) and § 264.351 (Closure), after consideration of the waste analysis included with part B of the permit application, unless the Regional Administrator finds that the waste will pose a threat to human health and the environment when burned in an incinerator.(e) The owner or operator of an incinerator may conduct trial burns subject only to the requirements of § 270.62 of this chapter (Short term and incinerator permits).46 FR 7678, Jan. 23, 1981, as amended at 47 FR 27532, June 24, 1982; 48 FR 14295, Apr. 1, 1983; 50 FR 665, Jan. 4, 1985; 50 FR 49203, Nov. 29, 1985; 56 FR 7207, Feb. 21, 1991; 64 FR 53074, Sept. 30, 1999; 66 FR 35106, July 3, 2001; 67 FR 6815, Feb. 13, 2002; 70 FR 59575, Oct. 12, 2005; 73 FR 18983, Apr. 8, 2008