# 40 CFR § 62.15010: Is my municipal waste combustion unit covered by this subpart? > Federal · Regulations · In force URL: https://www.frixlaw.com/law-library/statutes/ecfr-40-62.15010 ## Section - **Citation:** 40 CFR § 62.15010 - **Heading:** Is my municipal waste combustion unit covered by this subpart? - **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 62—APPROVAL AND PROMULGATION OF STATE PLANS FOR DESIGNATED FACILITIES AND POLLUTANTS > Subpart JJJ—Federal Plan Requirements for Small Municipal Waste Combustion Units Constructed on or Before August 30, 1999 > Applicability of this Subpart ## Text (a) This subpart applies to your small municipal waste combustion unit if the unit meets the criteria in paragraphs (a)(1) and (a)(2) and the criteria in either paragraph (a)(3) or (a)(4) of this section: (1) Your municipal waste combustion unit has the capacity to combust at least 35 tons per day of municipal solid waste or refuse-derived fuel but no more than 250 tons per day of municipal solid waste or refuse-derived fuel. (2) Your municipal waste combustion unit commenced construction on or before August 30, 1999. (3) Your municipal waste combustion unit is not regulated by an EPA approved and effective State or Tribal plan. (4) Your municipal waste combustion unit is located in any State whose approved State plan is subsequently vacated in whole or in part, or the municipal waste combustion unit is located in Indian country if the approved tribal plan for that area is subsequently vacated in whole or in part. (b) If you make a change to your municipal waste combustion unit that meets the definition of modification or reconstruction after June 6, 2001, your municipal waste combustion unit becomes subject to subpart AAAA of 40 CFR part 60 (New Source Performance Standards for Small Municipal Waste Combustion Units) and this subpart no longer applies to your unit. (c) If you make physical or operational changes to your existing municipal waste combustion unit primarily to comply with this subpart, then subpart AAAA of 40 CFR part 60 (New Source Performance Standards for Small Municipal Waste Combustion Units) does not apply to your unit. Such changes do not constitute modifications or reconstructions under subpart AAAA of 40 CFR part 60. (d) Upon approval of the State or tribal plan, this subpart will no longer apply, except for the provisions of this subpart that may have been incorporated by reference under the State or Tribal plan, or delegated to the State by the Administrator. ## Nearby sections - [40 CFR § 62.15000 § 62.15000 What is the purpose of this subpart?](https://www.frixlaw.com/law-library/statutes/ecfr-40-62.15000.md) - [40 CFR § 62.15005 § 62.15005 What are the principal components of this subpart?](https://www.frixlaw.com/law-library/statutes/ecfr-40-62.15005.md) - [40 CFR § 62.15010 § 62.15010 Is my municipal waste combustion unit covered by this subpart?](https://www.frixlaw.com/law-library/statutes/ecfr-40-62.15010.md) - [40 CFR § 62.15015 § 62.15015 Can my small municipal waste combustion unit be covered by both a State plan and this subpart?](https://www.frixlaw.com/law-library/statutes/ecfr-40-62.15015.md) - [40 CFR § 62.15020 § 62.15020 Can my small municipal waste combustion unit be exempt from this subpart?](https://www.frixlaw.com/law-library/statutes/ecfr-40-62.15020.md) - [40 CFR § 62.15025 § 62.15025 How do I determine if my small municipal waste combustion unit is covered by an approved and effective State or Tribal Plan?](https://www.frixlaw.com/law-library/statutes/ecfr-40-62.15025.md) - [40 CFR § 62.15030 § 62.15030 What are my obligations under this subpart if I reduce my small municipal waste combustion unit's combustion capacity to less than 35 tons per day?](https://www.frixlaw.com/law-library/statutes/ecfr-40-62.15030.md) - [40 CFR § 62.15035 § 62.15035 Is my small municipal waste combustion unit subject to different requirements based on plant capacity?](https://www.frixlaw.com/law-library/statutes/ecfr-40-62.15035.md) - [40 CFR § 62.15040 § 62.15040 What are the requirements for meeting increments of progress and achieving final compliance?](https://www.frixlaw.com/law-library/statutes/ecfr-40-62.15040.md) - [40 CFR § 62.15045 § 62.15045 When must I complete each increment of progress?](https://www.frixlaw.com/law-library/statutes/ecfr-40-62.15045.md) - [40 CFR § 62.15050 § 62.15050 What must I include in the notifications of achievement of my increments of progress?](https://www.frixlaw.com/law-library/statutes/ecfr-40-62.15050.md) - [40 CFR § 62.15055 § 62.15055 When must I submit the notifications of achievement of increments of progress?](https://www.frixlaw.com/law-library/statutes/ecfr-40-62.15055.md) - [40 CFR § 62.15060 § 62.15060 What if I do not meet an increment of progress?](https://www.frixlaw.com/law-library/statutes/ecfr-40-62.15060.md) - [40 CFR § 62.15065 § 62.15065 How do I comply with the increment of progress for submittal of a final control plan?](https://www.frixlaw.com/law-library/statutes/ecfr-40-62.15065.md) --- Source: Frix Law Library, https://www.frixlaw.com/law-library/statutes/ecfr-40-62.15010. Check the current official text before relying on it. Not legal advice.