1. (a) Except as provided in paragraphs (b) through (h) of this section, each HMIWI is subject to the requirements in this Part.

2. (b) A incinerator is not subject to this Part during periods when only pathological waste, low-level radioactive waste, and/or chemotherapeutic waste is burned, provided the owner or operator of the incinerator:

   1. (1) Notifies the DEQ of an exemption claim.
   2. (2) Keeps records on a calendar quarter basis of the periods of time when only pathological waste, low-level radioactive waste, and/or chemotherapeutic waste is burned.

3. (c) Any co-fired combustor is not subject to this Part if the owner or operator of the co-fired combustor:

   1. (1) Notifies the DEQ of an exemption claim.
   2. (2) Provides the DEQ an estimate of the relative weight of hospital waste, medical/infectious waste, and other fuels and/or wastes to be combusted.
   3. (3) Keeps records on a calendar quarter basis of the weight of hospital waste, medical/infectious waste combusted, and the weight of all other fuels and wastes combusted at the co-fired combustor.
4. (d) Any incinerator required to have a hazardous waste permit is not subject to this Part.
5. (e) Any incinerator which meets the applicability requirements under Part 5 of this Subchapter or 40 CFR 60 Subparts Ea, Eb, or Ec.
6. (f) Any pyrolysis unit is not subject to this Part.
7. (g) Cement kilns firing hospital waste and/or medical/infectious waste are not subject to this Part.
8. (h) Physical or operational changes made to an existing HMIWI unit solely for the purpose of complying with this Part are not considered a modification and do not result in an existing HMIWI unit becoming subject to the provisions of 40 CFR 60 Subpart Ec.

Added at 17 Ok Reg 375, eff 10-19-99 (emergency)

Added at 17 Ok Reg 1114, eff 6-1-00