# 40 CFR § 60.2555: What combustion units are exempt from my state plan? > Federal · Regulations · In force URL: https://www.frixlaw.com/law-library/statutes/ecfr-40-60.2555 ## Section - **Citation:** 40 CFR § 60.2555 - **Heading:** What combustion units are 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 DDDD—Emissions Guidelines and Compliance Times for Commercial and Industrial Solid Waste Incineration Units > Applicability of State Plans ## Text This subpart exempts the types of units described in paragraphs (a) through (j) of this section, but some units are required to provide notifications. (a) Pathological waste incineration units. Incineration units burning 90 percent or more by weight (on a calendar quarter basis and excluding the weight of auxiliary fuel and combustion air) of pathological waste, low-level radioactive waste, and/or chemotherapeutic waste as defined in § 60.2875 are not subject to this subpart if you meet the two requirements specified in paragraphs (a)(1) and (2) of this section: (1) Notify the Administrator that the unit meets these criteria; and (2) Keep records on a calendar quarter basis of the weight of pathological waste, low-level radioactive waste, and/or chemotherapeutic waste burned, and the weight of all other fuels and wastes burned in the unit. (b) Municipal waste combustion units. Incineration units that are subject to subpart Ea of this part (Standards of Performance for Municipal Waste Combustors); subpart Eb of this part (Standards of Performance for Large Municipal Waste Combustors); subpart Cb of this part (Emission Guidelines and Compliance Time for Large Municipal Combustors); AAAA of this part (Standards of Performance for Small Municipal Waste Combustion Units); or subpart BBBB of this part (Emission Guidelines for Small Municipal Waste Combustion Units). (c) Medical waste incineration units. Incineration units regulated under subpart Ec of this part (Standards of Performance for Hospital/Medical/Infectious Waste Incinerators for Which Construction is Commenced After June 20, 1996) or subpart Ca of this part (Emission Guidelines and Compliance Times for Hospital/Medical/Infectious Waste Incinerators). (d) Small power production facilities. Units that meet the four requirements specified in paragraphs (d)(1) through (4) of this section: (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 burns homogeneous waste (not including refuse-derived fuel) to produce electricity; (3) You submit documentation to the Administrator notifying the Agency that the qualifying small power production facility is combusting homogenous waste; and (4) You maintain the records specified in § 60.2740(v). (e) Cogeneration facilities. Units that meet the four requirements specified in paragraphs (e)(1) through (4) of this section: (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 burns homogeneous waste (not including refuse-derived fuel) to produce electricity and steam or other forms of energy used for industrial, commercial, heating, or cooling purposes; (3) You submit documentation to the Administrator notifying the Agency that the qualifying cogeneration facility is combusting homogenous waste; and (4) You maintain the records specified in § 60.2740(w). (f) Hazardous waste combustion units. Units for which you are required to get a permit under section 3005 of the Solid Waste Disposal Act. (g) Materials recovery units. Units that combust waste for the primary purpose of recovering metals, such as primary and secondary smelters. (h) Sewage treatment plants. Incineration units regulated under subpart O of this part (Standards of Performance for Sewage Treatment Plants). (i) Sewage sludge incineration units. Incineration units combusting sewage sludge for the purpose of reducing the volume of the sewage sludge by removing combustible matter that are subject to subpart LLLL of this part (Standards of Performance for New Sewage Sludge Incineration Units) or subpart MMMM of this part (Emission Guidelines and Compliance Times for Existing Sewage Sludge Incineration Units). (j) Other solid waste incineration units. Incineration units that are subject to subpart EEEE of this part (Standards of Performance for Other Solid Waste Incineration Units for Which Construction is Commenced After December 9, 2004, or for Which Modification or Reconstruction is Commenced on or After June 16, 2006) or subpart FFFF of this part (Emission Guidelines and Compliance Times for Other Solid Waste Incineration Units That Commenced Construction On or Before December 9, 2004). (k) Small, remote incinerators. Incineration units located in the State of Alaska are not subject to this subpart as specified in the Consolidated Appropriations Act of 2024, H.R. 4366, section 432. For small, remote incinerators that met the requirements of 40 CFR 60.2550(a) as of December 29, 2025, the unit remains subject to this subpart until the unit becomes subject to the requirements of an approved state plan or Federal plan that implements subpart FFFF of this part (Emission Guidelines and Compliance Times for Other Solid Waste Incineration Units). [84 FR 15884, Apr. 16, 2019, as amended at 90 FR 27939, June 30, 2025] ## Nearby sections - [40 CFR § 60.2500 § 60.2500 What is the purpose of this subpart?](https://www.frixlaw.com/law-library/statutes/ecfr-40-60.2500.md) - [40 CFR § 60.2505 § 60.2505 Am I affected by this subpart?](https://www.frixlaw.com/law-library/statutes/ecfr-40-60.2505.md) - [40 CFR § 60.2510 § 60.2510 Is a state plan required for all states?](https://www.frixlaw.com/law-library/statutes/ecfr-40-60.2510.md) - [40 CFR § 60.2515 § 60.2515 What must I include in my state plan?](https://www.frixlaw.com/law-library/statutes/ecfr-40-60.2515.md) - [40 CFR § 60.2520 § 60.2520 Is there an approval process for my state plan?](https://www.frixlaw.com/law-library/statutes/ecfr-40-60.2520.md) - [40 CFR § 60.2525 § 60.2525 What if my state plan is not approvable?](https://www.frixlaw.com/law-library/statutes/ecfr-40-60.2525.md) - [40 CFR § 60.2530 § 60.2530 Is there an approval process for a negative declaration letter?](https://www.frixlaw.com/law-library/statutes/ecfr-40-60.2530.md) - [40 CFR § 60.2535 § 60.2535 What compliance schedule must I include in my state plan?](https://www.frixlaw.com/law-library/statutes/ecfr-40-60.2535.md) - [40 CFR § 60.2540 § 60.2540 Are there any state plan requirements for this subpart that apply instead of the requirements specified in subpart B?](https://www.frixlaw.com/law-library/statutes/ecfr-40-60.2540.md) - [40 CFR § 60.2541 § 60.2541 In lieu of a state plan submittal, are there other acceptable option(s) for a state to meet its Clean Air Act section 111(d)/129(b)(2) obligations?](https://www.frixlaw.com/law-library/statutes/ecfr-40-60.2541.md) - [40 CFR § 60.2542 § 60.2542 What authorities will not be delegated to state, local, or tribal agencies?](https://www.frixlaw.com/law-library/statutes/ecfr-40-60.2542.md) - [40 CFR § 60.2545 § 60.2545 Does this subpart directly affect CISWI owners and operators in my state?](https://www.frixlaw.com/law-library/statutes/ecfr-40-60.2545.md) - [40 CFR § 60.2550 § 60.2550 What CISWIs must I address in my state plan?](https://www.frixlaw.com/law-library/statutes/ecfr-40-60.2550.md) - [40 CFR § 60.2555 § 60.2555 What combustion units are exempt from my state plan?](https://www.frixlaw.com/law-library/statutes/ecfr-40-60.2555.md) --- Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/ecfr-40-60.2555. Check the current official text before relying on it. Not legal advice.