[Title 40 CFR 60.1555]
[Code of Federal Regulations (annual edition) - July 1, 2009 Edition]
[Title 40 - PROTECTION OF ENVIRONMENT]
[Chapter I - ENVIRONMENTAL PROTECTION AGENCY (CONTINUED)]
[Subchapter C - AIR PROGRAMS (CONTINUED)]
[Part 60 - STANDARDS OF PERFORMANCE FOR NEW STATIONARY SOURCES--]
[Subpart Bbbb - Emission Guidelines and Compliance Times for Small]
[Sec. 60.1555 - Are any small municipal waste combustion units exempt]
[From the U.S. Government Printing Office]


40PROTECTION OF ENVIRONMENT62009-07-012009-07-01false60.1555Sec. 60.1555PROTECTION OF ENVIRONMENTENVIRONMENTAL PROTECTION AGENCY (CONTINUED)AIR PROGRAMS (CONTINUED)STANDARDS OF PERFORMANCE FOR NEW STATIONARY SOURCES--Emission Guidelines and Compliance Times for Small
Sec. 60.1555  Are any small municipal waste combustion units exempt
from my State plan?

    (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.

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    (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'' (Sec. 
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 
Sec. 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'' (Sec. Sec. 
60.1910 through 60.1930).