40 C.F.R. § 60.4775

What is a new sewage sludge incineration unit?

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(a) A new SSI unit is a SSI unit that meets either of the two criteria specified in paragraph (a)(1) or (a)(2) of this section.

(1) Commenced construction after October 14, 2010.

(2) Commenced modification after September 21, 2011.

(b) Physical or operational changes made to your SSI unit to comply with the emission guidelines in subpart MMMM of this part (Emission Guidelines and Compliance Times for Existing Sewage Sludge Incineration Units) do not qualify as a modification under this subpart.

Notes of Decisions
Nat'l Ass'n of Clean Water Agencies v. Env't Prot. Agency, 734 F.3d 1115 (D.C. Cir. 2013). “See 40 C.F.R. § 60.4775 (defining a new sewage sludge incinerator as a unit that “[cjommenced modification after September 21, 2011”); 40 C.”
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