Are any small municipal waste combustion units exempt from my State plan?
40 C.F.R. § 60.1555
in effect(a) Small municipal waste combustion units that combust less than 11 tons per day. Units are exempt from your State plan if four requirements are met:
(1) The municipal waste combustion unit is subject to a federally enforceable permit limiting the amount of municipal solid waste combusted to less than 11 tons per day.
(2) You are notified by the owner or operator that the unit qualifies for the exemption.
(3) You receive from the owner or operator of the unit a copy of the federally enforceable permit.
(4) The owner or operator of the unit keeps daily records of the amount of municipal solid waste combusted.
(b) Small power production units. Units are exempt from your State plan if four requirements are met:
(1) The unit qualifies as a small power production facility under section 3(17)(C) of the Federal Power Act (16 U.S.C. 796(17)(C)).
(2) The unit combusts homogeneous waste (excluding refuse-derived fuel) to produce electricity.
(3) You are notified by the owner or operator that the unit qualifies for the exemption.
(4) You receive documentation from the owner or operator that the unit qualifies for the exemption.
(c) Cogeneration units. Units are exempt from your State plan if four requirements are met:
(1) The unit qualifies as a cogeneration facility under section 3(18)(B) of the Federal Power Act (16 U.S.C. 796(18)(B)).
(2) The unit combusts homogeneous waste (excluding refuse-derived fuel) to produce electricity and steam or other forms of energy used for industrial, commercial, heating, or cooling purposes.
(3) You are notified by the owner or operator that the unit qualifies for the exemption.
(4) You receive documentation from the owner or operator that the unit qualifies for the exemption.
(d) Municipal waste combustion units that combust only tires. Units are exempt from your State plan if three requirements are met:
(1) The municipal waste combustion unit combusts a single-item waste stream of tires and no other municipal waste (the unit can co-fire coal, fuel oil, natural gas, or other nonmunicipal solid waste).
(2) You are notified by the owner or operator that the unit qualifies for the exemption.
(3) You receive documentation from the owner or operator that the unit qualifies for the exemption.
(e) Hazardous waste combustion units. Units are exempt from your State plan if the units have received a permit under section 3005 of the Solid Waste Disposal Act.
(f) Materials recovery units. Units are exempt from your State plan if the units combust waste mainly to recover metals. Primary and secondary smelters may qualify for the exemption.
(g) Co-fired units. Units are exempt from your State plan if four requirements are met:
(1) The unit has a federally enforceable permit limiting municipal solid waste combustion to 30 percent of the total fuel input by weight.
(2) You are notified by the owner or operator that the unit qualifies for the exemption.
(3) You receive from the owner or operator of the unit a copy of the federally enforceable permit.
(4) The owner or operator records the weights, each quarter, of municipal solid waste and of all other fuels combusted.
(h) Plastics/rubber recycling units. Units are exempt from your State plan if four requirements are met:
(1) The pyrolysis/combustion unit is an integrated part of a plastics/rubber recycling unit as defined under “Definitions” (§ 60.1940).
(2) The owner or operator of the unit records the weight, each quarter, of plastics, rubber, and rubber tires processed.
(3) The owner or operator of the unit records the weight, each quarter, of feed stocks produced and marketed from chemical plants and petroleum refineries.
(4) The owner or operator of the unit keeps the name and address of the purchaser of the feed stocks.
(i) Units that combust fuels made from products of plastics/rubber recycling plants. Units are exempt from your State plan if two requirements are met:
(1) The unit combusts gasoline, diesel fuel, jet fuel, fuel oils, residual oil, refinery gas, petroleum coke, liquified petroleum gas, propane, or butane produced by chemical plants or petroleum refineries that use feed stocks produced by plastics/rubber recycling units.
(2) The unit does not combust any other municipal solid waste.
(j) Cement kilns. Cement kilns that combust municipal solid waste are exempt from your State plan.
(k) Air curtain incinerators. If an air curtain incinerator (see § 60.1940 for definition) combusts 100 percent yard waste, then those units must only meet the requirements under “Model Rule—Air Curtain Incinerators That Burn 100 Percent Yard Waste” (§§ 60.1910 through 60.1930).
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