NSPS Notebook
Small Municipal Waste Combustion Units -  Subpart AAAA

Applicability: eCFR Subpart AAAA [ecfr.gov]

This subpart applies to:
  1. Small municipal waste combustion (MWC) units that commence construction after Aug 30, 1999.
  2. Small MWC units that commence modification or reconstruction after June 6, 2001.
A small MWC unit has the capacity to combust at least 35 tons per day but no more than 250 tons per day of municipal solid waste or refuse-derived fuel.

Physical or operational changes made to an existing MWC unit primarily to comply with NSPS BBBB do not qualify as modifications or reconstruction.

Not subject to this subpart*:
  1. Small MWC units that combust less than 11 tons/day;
  2. Qualifying small power production facilities (per Section 3(17)(C) of the Federal Power Act, 16 USC 796(17)(C));
  3. Qualifying cogeneration facilities (per Section 3(18)(B) of the Federal Power Act, 16 USC 796(18)(B));
  4. MWC units that combust only tires;
  5. Hazardous waste combustion units with a permit under Section 3005 of the Solid Waste Disposal Act;
  6. Materials recovery units;
  7. Co-fired combustors;
  8. Plastics/rubber recycling units;
  9. Units that combust fuels made from products of plastics/rubber recycling plants;
  10. Cement kilns
Partially Exempt*:
  1. Air curtain incinerators that combust 100% yard waste.
*These facilities must still comply with certain requirements (per 40 CFR 60.1020). Please see the rule text for full details.
Known Sources in NDEE Jurisdiction:
Date of Original Final Rule: 12/6/00
Amendments Dates:
State Regulations: Title 129, Chapter 12, Section 001.75

Previously: Chapter 18, Section 001.68
Federal Regulations: 40 CFR 60.1000
Related Rules:

NSPS - 40 CFR Part 60

Subpart BBBB - Existing Small Municipal Waste Combustors
Subpart E - Incinerators
Subparts Cb, Ea, & Eb - Other Municipal Waste Combustors

NESHAP - 40 CFR Part 63
Subpart EEE - Hazardous Waste Combustors
Regulations and Federal Registers: eCFR Subpart AAAA [ecfr.gov]
FAQs, Fact Sheets, and Rule Summaries: EPA Sponsored Combustion Portal [combustionportal.org] - Federal & state compliance information & sustainability content for combustion processes
Other Information and Resources:
Page Last Updated: 12/21/22