---
kind: "section"
citation: "40 C.F.R. § 63.1200"
title: "40"
number: "63.1200"
heading: "Who is subject to these regulations?"
url: "https://uscodex.org/cfr/40/63.1200"
---

# §63.1200. Who is subject to these regulations?


The provisions of this subpart apply to all hazardous waste combustors: hazardous waste incinerators, hazardous waste cement kilns, hazardous waste lightweight aggregate kilns, hazardous waste solid fuel boilers, hazardous waste liquid fuel boilers, and hazardous waste hydrochloric acid production furnaces. Hazardous waste combustors are also subject to applicable requirements under parts [260](/cfr/40/part260.md) through [270](/cfr/40/part270.md) of this chapter.

- (a) **What if I am an area source?**
  - (1) **Both area sources and major sources are subject to this subpart.**
  - (2) Major sources subject to this subpart, but not previously subject to title V, are immediately subject to the requirement to apply for and obtain a title V permit in all states, and in areas covered by [part 71](/cfr/40/part71.md) of this chapter.
  - (3) Area sources subject to this subpart, but not previously subject to title V, are immediately subject to the requirement to apply for and obtain a title V permit in all states, and in areas covered by [part 71](/cfr/40/part71.md) of this chapter, except that a title V permitting authority may choose to exclude areas sources from the requirement to apply for and obtain a title V permit on a source-by-source basis unless the area source is otherwise required by law to obtain a title V permit. Notwithstanding whether an area source has a title V permit, you must continue to comply with the provisions of this subpart.
- (b) These regulations in this subpart do not apply to sources that meet the criteria in table 1 of this section, as follows:
- (c) Table 1 of this section specifies the provisions of [subpart A](/cfr/40/subpartA.md) (General Provisions, [§§ 63.1-63.15](/cfr/40/63.1-63.15.md)) that apply and those that do not apply to sources affected by this subpart.

## Notes

### Amendments

[64 FR 53038, Sept. 30, 1999, as amended at 65 FR 42297, July 10, 2000; 67 FR 6986, Feb. 14, 2002; 70 FR 59540, Oct. 12, 2005; 91 FR 33520, June 3, 2026]

### Source

Source: 64 FR 53038, Sept. 30, 1999, unless otherwise noted.

### Authority

Authority: 42 U.S.C. 7401 et seq.

### Source

Source: 57 FR 61992, Dec. 29, 1992, unless otherwise noted.

### Amendments

[64 FR 53038, Sept. 30, 1999, as amended at 65 FR 42297, July 10, 2000; 67 FR 6986, Feb. 14, 2002; 70 FR 59540, Oct. 12, 2005; 91 FR 33520, June 3, 2026]