---
kind: "range"
citation: "40 C.F.R. §§ 63.1210–63.1212"
title: "40"
from: "63.1210"
to: "63.1212"
count: 3
url: "https://uscodex.org/cfr/40/63.1210..63.1212"
---

# §63.1210. What are the notification requirements?

- (a) **Summary of requirements—** . (1) You must submit the following notifications to the Administrator:
  - (2) You must submit the following notifications to the Administrator if you request or elect to comply with alternative requirements:
- (b) **Notification of intent to comply (NIC).** These procedures apply to sources that have not previously complied with the requirements of paragraphs [(b)](#b) and [(c)](#c) of this section, and to sources that previously complied with the NIC requirements of §§ 63.1210 and [63.1212(a)](/cfr/40/63.1212.md?p=a), which were in effect prior to October 11, 2000, that must make a technology change requiring a Class 1 permit modification to meet the standards of §§ [63.1219](/cfr/40/63.1219.md), [63.1220](/cfr/40/63.1220.md), and [63.1221](/cfr/40/63.1221.md).
  - (1) You must prepare a Notification of Intent to Comply that includes all of the following information:
    - (i) **General information—**
      - (A) The name and address of the owner/operator and the source;
      - (B) Whether the source is a major or an area source;
      - (C) Waste minimization and emission control technique(s) being considered;
      - (D) Emission monitoring technique(s) you are considering;
      - (E) Waste minimization and emission control technique(s) effectiveness;
      - (F) A description of the evaluation criteria used or to be used to select waste minimization and/or emission control technique(s); and
      - (G) **A general description of how you intend to comply with the emission standards of this subpart.**
    - (ii) As applicable to each source, information on key activities and estimated dates for these activities that will bring the source into compliance with emission control requirements of this subpart. You must include all of the following key activities and dates in your NIC:
      - (A) The dates by which you anticipate you will develop engineering designs for emission control systems or process changes for emissions;
      - (B) The date by which you anticipate you will commit internal or external resources for installing emission control systems or making process changes for emission control, or the date by which you will issue orders for the purchase of component parts to accomplish emission control or process changes.
      - (C) The date by which you anticipate you will submit construction applications;
      - (D) The date by which you anticipate you will initiate on-site construction, installation of emission control equipment, or process change;
      - (E) The date by which you anticipate you will complete on-site construction, installation of emission control equipment, or process change; and
      - (F) The date by which you anticipate you will achieve final compliance. The individual dates and milestones listed in [paragraphs (b)(1)(ii)(A) through (F)](#b-1-ii-A..b-1-ii-F) of this section as part of the NIC are not requirements and therefore are not enforceable deadlines; the requirements of [paragraphs (b)(1)(ii)(A) through (F)](#b-1-ii-A..b-1-ii-F) of this section must be included as part of the NIC only to inform the public of how you intend to comply with the emission standards of this subpart.
    - (iii) A summary of the public meeting required under [paragraph (c)](#c) of this section;
    - (iv) If you intend to cease burning hazardous waste prior to or on the compliance date, the requirements of paragraphs [(b)(1)(ii)](#b-1-ii) and [(b)(1)(iii)](#b-1-iii) of this section do not apply. You must include in your NIC a schedule of key dates for the steps to be taken to stop hazardous waste activity at your combustion unit. Key dates include the date for submittal of RCRA closure documents required under [subpart G](/cfr/40/subpartG.md), [part 264](/cfr/40/part264.md) or [subpart G](/cfr/40/subpartG.md), [part 265](/cfr/40/part265.md) of this chapter.
  - (2) You must make a draft of the NIC available for public review no later than 30 days prior to the public meeting required under [paragraph (c)(1)](#c-1) of this section or no later than 9 months after the effective date of the rule if you intend to cease burning hazardous waste prior to or on the compliance date.
  - (3) You must submit the final NIC to the Administrator:
    - (i) **Existing units.** No later than one year following the effective date of the emission standards of this subpart; or
    - (ii) **New units.** No later than 60 days following the informal public meeting.
    - (iii) Beginning August 3, 2026, submit the final NIC as a portable document format (PDF) upload according to [§ 63.1211(g)](/cfr/40/63.1211.md?p=g).
- (c) **NIC public meeting and notice.**
  - (1) **Prior to the submission of the NIC to the permitting agency and—**
    - (i) **Existing units.** No later than 10 months after the effective date of the emission standards of this subpart, you must hold at least one informal meeting with the public to discuss the anticipated activities described in the draft NIC for achieving compliance with the emission standards of this subpart. You must post a sign-in sheet or otherwise provide a voluntary opportunity for attendees to provide their names and addresses.
    - (ii) **New units.** No earlier than thirty (30) days following notice of the informal public meeting, you must hold at least one informal meeting with the public to discuss the anticipated activities described in the draft NIC for achieving compliance with the emission standards of this subpart. You must post a sign-in sheet or otherwise provide a voluntary opportunity for attendees to provide their names and addresses.
  - (2) You must submit a summary of the meeting, along with the list of attendees and their addresses developed under [paragraph (b)(1)](#b-1) of this section, and copies of any written comments or materials submitted at the meeting, to the Administrator as part of the final NIC, in accordance with [paragraph (b)(1)(iii)](#b-1-iii) of this section;
  - (3) You must provide public notice of the NIC meeting at least 30 days prior to the meeting and you must maintain, and provide to the Administrator upon request, documentation of the notice. You must provide public notice in all of the following forms:
    - (i) **Newspaper advertisement.** You must publish a notice in a newspaper of general circulation in the county or equivalent jurisdiction of your facility. In addition, you must publish the notice in newspapers of general circulation in adjacent counties or equivalent jurisdiction where such publication would be necessary to inform the affected public. You must publish the notice as a display advertisement.
    - (ii) **Visible and accessible sign.** You must post a notice on a clearly marked sign at or near the source. If you place the sign on the site of the hazardous waste combustor, the sign must be large enough to be readable from the nearest spot where the public would pass by the site.
    - (iii) **Broadcast media announcement.** You must broadcast a notice at least once on at least one local radio station or television station.
    - (iv) **Notice to the facility mailing list.** You must provide a copy of the notice to the facility mailing list in accordance with [§ 124.10(c)(1)(ix)](/cfr/40/124.10.md?p=c-1-ix) of this chapter.
  - (4) You must include all of the following in the notices required under [paragraph (c)(3)](#c-3) of this section:
    - (i) The date, time, and location of the meeting;
    - (ii) A brief description of the purpose of the meeting;
    - (iii) A brief description of the source and proposed operations, including the address or a map (e.g., a sketched or copied street map) of the source location;
    - (iv) A statement encouraging people to contact the source at least 72 hours before the meeting if they need special access to participate in the meeting;
    - (v) A statement describing how the draft NIC (and final NIC, if requested) can be obtained; and
    - (vi) **The name, address, and telephone number of a contact person for the NIC.**
  - (5) The requirements of this paragraph do not apply to sources that intend to cease burning hazardous waste prior to or on the compliance date.
- (d) **Notification of compliance.**
  - (1) The Notification of Compliance status requirements of [§ 63.9(h)](/cfr/40/63.9.md?p=h) apply, except that:
    - (i) The notification is a Notification of Compliance, rather than compliance status;
    - (ii) The notification is required for the initial comprehensive performance test and each subsequent comprehensive and confirmatory performance test; and
    - (iii) You must postmark the notification before the close of business on the 90th day following completion of relevant compliance demonstration activity specified in this subpart rather than the 60th day as required by [§ 63.9(h)(2)(ii)](/cfr/40/63.9.md?p=h-2-ii).
    - (iv) Beginning June 3, 2027, or once the report template for this subpart has been available on the CEDRI website for one year, whichever date is later, submit the Notification of Compliance according to [§ 63.1211(g)](/cfr/40/63.1211.md?p=g). When the report is submitted via CEDRI, the certifier's electronic signature during the submission process satisfies the requirement in [§ 63.9(h)(2)(i)](/cfr/40/63.9.md?p=h-2-i) for the responsible official to sign and certify the accuracy of the report.
  - (2) Upon postmark of the Notification of Compliance, the operating parameter limits identified in the Notification of Compliance, as applicable, shall be complied with, the limits identified in the Documentation of Compliance or a previous Notification of Compliance are no longer applicable.
  - (3) The Notification of Compliance requirements of [§ 63.1207(j)](/cfr/40/63.1207.md?p=j) also apply.

# §63.1211. What are the recordkeeping and reporting requirements?

- (a) **Summary of reporting requirements—** . You must submit the following reports to the Administrator:
  - (1) If a source fails to meet an applicable standard, report such events in the excess emissions and continuous monitoring system performance report and summary report. For each failure to meet an applicable standard, report the start date, start time, end date, end time, and cause of each failure. For each failure the report must also identify the affected sources and equipment, the applicable standard that was not met, an estimate of the quantity in pounds of each regulated pollutant emitted over any emission limit, and a description of the method used to estimate the emissions.
  - (2) Beginning August 3, 2026, submit the compliance progress report required under [§ 63.10(d)(4)](/cfr/40/63.10.md?p=d-4) and the periodic startup, shutdown, and malfunction reports required under [§ 63.10(d)(5)(i)](/cfr/40/63.10.md?p=d-5-i) as a portable document format (PDF) uploads according to [§ 63.1211(g)](#g).
  - (3) Beginning June 3, 2027, or once the report template for this subpart has been available on the CEDRI website for one year, whichever date is later, submit the excess emissions and continuous monitoring system performance report and summary report required by [§ 63.10(e)(3)](/cfr/40/63.10.md?p=e-3), including the information required by [paragraph (a)(1)](#a-1) of this section, according to [§ 63.1211(g)](#g). When the report is submitted via CEDRI, the certifier's electronic signature during the submission process replaces the requirements in § [63.10(e)(3)(v)](/cfr/40/63.10.md?p=e-3-v), [(e)(3)(vi)(L)](/cfr/40/63.10.md?p=e-3-vi-L), and [(e)(3)(vi)(M)](/cfr/40/63.10.md?p=e-3-vi-M) of [subpart A](/cfr/40/subpartA.md) of this part to submit the date of the report and the name, title, and signature of the responsible official who is certifying the accuracy of the report.
- (b) **Summary of recordkeeping requirements—** . You must retain the following in the operating record:
- (c) **Documentation of compliance.**
  - (1) By the compliance date, you must develop and include in the operating record a Documentation of Compliance. You are not subject to this requirement, however, if you submit a Notification of Compliance under [§ 63.1207(j)](/cfr/40/63.1207.md?p=j) prior to the compliance date. Upon inclusion of the Documentation of Compliance in the operating record, hazardous waste burning incinerators, cement kilns, and lightweight aggregate kilns regulated under the interim standards of §§ [63.1203](/cfr/40/63.1203.md), [63.1204](/cfr/40/63.1204.md), and [63.1205](/cfr/40/63.1205.md) are no longer subject to compliance with the previously applicable Notification of Compliance.
  - (2) The Documentation of Compliance must identify the applicable emission standards under this subpart and the limits on the operating parameters under [§ 63.1209](/cfr/40/63.1209.md) that will ensure compliance with those emission standards.
  - (3) You must include a signed and dated certification in the Documentation of Compliance that:
    - (i) Required CEMs and CMS are installed, calibrated, and continuously operating in compliance with the requirements of this subpart; and
    - (ii) Based on an engineering evaluation prepared under your direction or supervision in accordance with a system designed to ensure that qualified personnel properly gathered and evaluated the information and supporting documentation, and considering at a minimum the design, operation, and maintenance characteristics of the combustor and emissions control equipment, the types, quantities, and characteristics of feedstreams, and available emissions data:
      - (A) You are in compliance with the emission standards of this subpart; and
      - (B) The limits on the operating parameters under [§ 63.1209](/cfr/40/63.1209.md) ensure compliance with the emission standards of this subpart.
  - (4) You must comply with the emission standards and operating parameter limits specified in the Documentation of Compliance.
- (d) **Data compression.** You may submit a written request to the Administrator for approval to use data compression techniques to record data from CMS, including CEMS, on a frequency less than that required by [§ 63.1209](/cfr/40/63.1209.md). You must submit the request for review and approval as part of the comprehensive performance test plan.
  - (1) You must record a data value at least once each ten minutes.
  - (2) For each CEMS or operating parameter for which you request to use data compression techniques, you must recommend:
    - (i) A fluctuation limit that defines the maximum permissible deviation of a new data value from a previously generated value without requiring you to revert to recording each one-minute value.
      - (A) If you exceed a fluctuation limit, you must record each one-minute value for a period of time not less than ten minutes.
      - (B) If neither the fluctuation limit nor the data compression limit are exceeded during that period of time, you may reinitiate recording data values on a frequency of at least once each ten minutes; and
    - (ii) A data compression limit defined as the closest level to an operating parameter limit or emission standard at which reduced data recording is allowed.
      - (A) Within this level and the operating parameter limit or emission standard, you must record each one-minute average.
      - (B) The data compression limit should reflect a level at which you are unlikely to exceed the specific operating parameter limit or emission standard, considering its averaging period, with the addition of a new one-minute average.
- (e) **Other recordkeeping—** . You must retain the following in the operating record:
  - (1) The start date, start time, and duration (hours) of each startup, shutdown, or malfunction of process, air pollution control, and monitoring equipment and whether the startup, shutdown, and malfunction plan was followed.
  - (2) For periods of startup, shutdown, and malfunction when the startup, shutdown, and malfunction plan was not followed, record and retain a list of the affected sources or equipment; actions taken to minimize emissions in accordance with §§ [63.6(e)(1)(i)](/cfr/40/63.6.md?p=e-1-i) and [63.8(c)(1)(i)](/cfr/40/63.8.md?p=c-1-i); any corrective actions taken to return the affected unit to its normal or usual manner of operation; whether the failure occurred during a period of startup, shutdown or malfunction; an estimate of the quantity of each regulated pollutant emitted; and a description of the method used to estimate the emissions.
- (f) **Electronic Reporting—** . Beginning on September 1, 2026, within 90 days after the date of completing each performance test or continuous emissions monitoring system (CEMS) performance evaluation (as defined in [§ 63.2](/cfr/40/63.2.md)) that includes a relative accuracy test audit (RATA), required by this subpart, you must submit the results of the performance test following the procedure specified in [§ 63.9(k)](/cfr/40/63.9.md?p=k). Submit the data in a file format generated using the EPA's Electronic Reporting Tool (ERT). Alternatively, you may submit an electronic file consistent with the extensible markup language (XML) schema listed on the EPA's ERT website (https://www.epa.gov/electronic-reporting-air-emissions/electronic-reporting-tool-ert) accompanied by the other information required by [§ 63.7(g)(2)](/cfr/40/63.7.md?p=g-2) in PDF format.
- (g) **Reporting Confidential Business Information—** . Where directed to this [paragraph (g)](#g), the owner or operator must submit all subsequent reports or notifications in the format specified in the referring paragraph to the EPA following the procedure specified in [§ 63.9(k)](/cfr/40/63.9.md?p=k), except any medium submitted as Confidential Business Information must be sent to the attention of the Hazardous Waste Combustion Sector Lead.

# §63.1212. What are the other requirements pertaining to the NIC?

- (a) **Certification of intent to comply.** The Notice of Intent to Comply (NIC) must contain the following certification signed and dated by a responsible official as defined under [§ 63.2](/cfr/40/63.2.md) of this chapter: I certify under penalty of law that I have personally examined and am familiar with the information submitted in this document and all attachments and that, based on my inquiry of those individuals immediately responsible for obtaining the information, I believe that the information is true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment.
- (b) **New units.** Any source that files a RCRA permit application or permit modification request for construction of a hazardous waste combustion unit after October 12, 2005 must:
  - (1) Prepare a draft NIC pursuant to [§ 63.1210(b)](/cfr/40/63.1210.md?p=b) and make it available to the public upon issuance of the notice of public meeting pursuant to [§ 63.1210(c)(3)](/cfr/40/63.1210.md?p=c-3);
  - (2) Prepare a draft comprehensive performance test plan pursuant to the requirements of [§ 63.1207](/cfr/40/63.1207.md) and make it available for public review upon issuance of the notice of NIC public meeting;
  - (3) Provide notice to the public of a pre-application meeting pursuant to [§ 124.31](/cfr/40/124.31.md) of this chapter or notice to the public of a permit modification request pursuant to [§ 270.42](/cfr/40/270.42.md) of this chapter;
  - (4) Hold an informal public meeting [pursuant to § [63.1210(c)(1)](/cfr/40/63.1210.md?p=c-1) and [(c)(2)](/cfr/40/63.1210.md?p=c-2)] no earlier than 30 days following notice of the NIC public meeting and notice of the pre-application meeting or notice of the permit modification request to discuss anticipated activities described in the draft NIC and pre-application or permit modification request for achieving compliance with the emission standards of this subpart; and
  - (5) Submit a final NIC pursuant to [§ 63.1210(b)(3)](/cfr/40/63.1210.md?p=b-3).
- (c) **Information Repository specific to new combustion units.**
  - (1) Any source that files a RCRA permit application or modification request for construction of a new hazardous waste combustion unit after October 12, 2005 may be required to establish an information repository if deemed appropriate.
  - (2) The Administrator may assess the need, on a case-by-case basis for an information repository. When assessing the need for a repository, the Administrator shall consider the level of public interest, the presence of an existing repository, and any information available via the New Source Review and title V or other air permit processes. If the Administrator determines a need for a repository, then the Administrator shall notify the facility that it must establish and maintain an information repository.
  - (3) The information repository shall contain all documents, reports, data, and information deemed necessary by the Administrator. The Administrator shall have the discretion to limit the contents of the repository.
  - (4) The information repository shall be located and maintained at a site chosen by the source. If the Administrator finds the site unsuitable for the purposes and persons for which it was established, due to problems with location, hours of availability, access, or other relevant considerations, then the Administrator shall specify a more appropriate site.
  - (5) The Administrator shall require the source to provide a written notice about the information repository to all individuals on the source mailing list.
  - (6) The source shall be responsible for maintaining and updating the repository with appropriate information throughout a period specified by the Administrator. The Administrator may close the repository at his or her discretion based on the considerations in [paragraph (c)(2)](#c-2) of this section.