# 40 CFR § 60.1555: Are any small municipal waste combustion units exempt from my State plan? > Federal · Regulations · In force URL: https://www.frixlaw.com/law-library/statutes/ecfr-40-60.1555 ## Section - **Citation:** 40 CFR § 60.1555 - **Heading:** Are any small municipal waste combustion units exempt from my State plan? - **Jurisdiction:** Federal - **Kind:** Regulations - **Status:** In force - **Text as of:** September 22, 2026 - **Source:** Publisher's official text - **Location:** Title 40—Protection of Environment > CHAPTER I—ENVIRONMENTAL PROTECTION AGENCY > SUBCHAPTER C—AIR PROGRAMS > PART 60—STANDARDS OF PERFORMANCE FOR NEW STATIONARY SOURCES > Subpart BBBB—Emission Guidelines and Compliance Times for Small Municipal Waste Combustion Units Constructed on or Before August 30, 1999 > Applicability of State Plans ## Text (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). ## Nearby sections - [40 CFR § 60.1500 § 60.1500 What is the purpose of this subpart?](https://www.frixlaw.com/law-library/statutes/ecfr-40-60.1500.md) - [40 CFR § 60.1505 § 60.1505 Am I affected by this subpart?](https://www.frixlaw.com/law-library/statutes/ecfr-40-60.1505.md) - [40 CFR § 60.1510 § 60.1510 Is a State plan required for all States?](https://www.frixlaw.com/law-library/statutes/ecfr-40-60.1510.md) - [40 CFR § 60.1515 § 60.1515 What must I include in my State plan?](https://www.frixlaw.com/law-library/statutes/ecfr-40-60.1515.md) - [40 CFR § 60.1520 § 60.1520 Is there an approval process for my State plan?](https://www.frixlaw.com/law-library/statutes/ecfr-40-60.1520.md) - [40 CFR § 60.1525 § 60.1525 What if my State plan is not approvable?](https://www.frixlaw.com/law-library/statutes/ecfr-40-60.1525.md) - [40 CFR § 60.1530 § 60.1530 Is there an approval process for a negative declaration letter?](https://www.frixlaw.com/law-library/statutes/ecfr-40-60.1530.md) - [40 CFR § 60.1535 § 60.1535 What compliance schedule must I include in my State plan?](https://www.frixlaw.com/law-library/statutes/ecfr-40-60.1535.md) - [40 CFR § 60.1540 § 60.1540 Are there any State plan requirements for this subpart that supersede the requirements specified in subpart B?](https://www.frixlaw.com/law-library/statutes/ecfr-40-60.1540.md) - [40 CFR § 60.1545 § 60.1545 Does this subpart directly affect municipal waste combustion unit owners and operators in my State?](https://www.frixlaw.com/law-library/statutes/ecfr-40-60.1545.md) - [40 CFR § 60.1550 § 60.1550 What municipal waste combustion units must I address in my State plan?](https://www.frixlaw.com/law-library/statutes/ecfr-40-60.1550.md) - [40 CFR § 60.1555 § 60.1555 Are any small municipal waste combustion units exempt from my State plan?](https://www.frixlaw.com/law-library/statutes/ecfr-40-60.1555.md) - [40 CFR § 60.1560 § 60.1560 Can an affected municipal waste combustion unit reduce its capacity to less than 35 tons per day rather than comply with my State plan?](https://www.frixlaw.com/law-library/statutes/ecfr-40-60.1560.md) - [40 CFR § 60.1565 § 60.1565 What subcategories of small municipal waste combustion units must I include in my State plan?](https://www.frixlaw.com/law-library/statutes/ecfr-40-60.1565.md) --- Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/ecfr-40-60.1555. Check the current official text before relying on it. Not legal advice.