---
kind: "section"
citation: "40 C.F.R. § 503.40"
title: "40"
number: "503.40"
heading: "Applicability."
url: "https://uscodex.org/cfr/40/503.40"
---

# §503.40. Applicability.

- (a) This subpart applies to a person who fires sewage sludge in a sewage sludge incinerator, to a sewage sludge incinerator, and to sewage sludge fired in a sewage sludge incinerator.
- (b) This subpart applies to the exit gas from a sewage sludge incinerator stack.
- (c) The management practice in [§ 503.45(a)](/cfr/40/503.45.md?p=a), the frequency of monitoring requirement for total hydrocarbon concentration in [§ 503.46(b)](/cfr/40/503.46.md?p=b) and the recordkeeping requirements for total hydrocarbon concentration in § [503.47(c)](/cfr/40/503.47.md?p=c) and [(n)](/cfr/40/503.47.md?p=n) do not apply if the following conditions are met:
  - (1) **The exit gas from a sewage sludge incinerator stack is monitored continuously for carbon monoxide.**
  - (2) The monthly average concentration of carbon monoxide in the exit gas from a sewage sludge incinerator stack, corrected for zero percent moisture and to seven percent oxygen, does not exceed 100 parts per million on a volumetric basis.
  - (3) The person who fires sewage sludge in a sewage sludge incinerator retains the following information for five years:
    - (i) The carbon monoxide concentrations in the exit gas; and
    - (ii) A calibration and maintenance log for the instrument used to measure the carbon monoxide concentration.
  - (4) Class I sludge management facilities, POTWs (as defined in [40 CFR 501.2](/cfr/40/501.2.md)) with a design flow rate equal to or greater than one million gallons per day, and POTWs that serve a population of 10,000 people or greater submit the monthly average carbon monoxide concentrations in the exit gas to the permitting authority on February 19 of each year.

## Notes

### Amendments

[58 FR 9387, Feb. 19, 1993, as amended at 59 FR 9099, Feb. 25, 1994]

### Authority

Authority: Sections 405 (d) and (e) of the Clean Water Act, as amended by Pub. L. 95-217, sec. 54(d), 91 Stat. 1591 (33 U.S.C. 1345 (d) and (e)); and Pub. L. 100-4, title IV, sec. 406 (a), (b), 101 Stat., 71, 72 (33 U.S.C. 1251 et seq. ).

### Source

Source: 58 FR 9387, Feb. 19, 1993, unless otherwise noted.

### Amendments

[58 FR 9387, Feb. 19, 1993, as amended at 59 FR 9099, Feb. 25, 1994]