Can an affected municipal waste combustion unit reduce its capacity to less than 35 tons per day rather than comply with my State plan?
40 C.F.R. § 60.1560
in effect(a) Yes, an owner or operator of an affected municipal waste combustion unit may choose to reduce, by your final compliance date, the maximum combustion capacity of the unit to less than 35 tons per day of municipal solid waste rather than comply with your State plan. They must submit a final control plan and the notifications of achievement of increments of progress as specified in § 60.1610.
(b) The final control plan must, at a minimum, include two items:
(1) A description of the physical changes that will be made to accomplish the reduction.
(2) Calculations of the current maximum combustion capacity and the planned maximum combustion capacity after the reduction. Use the equations specified under § 60.1935(d) and (e) to calculate the combustion capacity of a municipal waste combustion unit.
(c) A permit restriction or a change in the method of operation does not qualify as a reduction in capacity. Use the equations specified under § 60.1935(d) and (e) to calculate the combustion capacity of a municipal waste combustion unit.
Source: ecfr_bulkFetched: 7/26/2026
Source: eCFR APIURL: https://www.ecfr.gov/api/versioner/v1/full/2024-07-01/title-40.xml?part=60Fetched: 5/31/2026