NSPS Notebook
Municipal Waste Combustors Constructed is Commenced After December 20, 1989 and on or before September 20, 1994 -  Subpart Ea

Applicability: eCFR Subpart Ea [ecfr.gov]

This subpart applies to:
  1. Municipal waste combustors with a capacity greater than 225 megagrams/day (250 tons/day) that,
    • Commence construction after Dec 20, 1989 and on or before Sep 20, 1994; or
    • Commence modification or reconstruction after Dec 20, 1989 and on or before June 19, 1996.

Not subject to this subpart*:
  1. Any unit combusting a single-item waste stream of tires if the owner or operator notifies the administrator of an exemption claim and provides data documenting that the unit qualifies for this exemption.
  2. Any co-fired combustor located at a plant with a capacity greater than 225 megagrams/day (250 tons/day).
  3. Any co-fired combustor subject to a federally enforceable permit limiting it to no more than 225 megagrams/day (250 tons/day).
  4. Qualifying small power production facilities that burn homogenous waste to produce electricity (see section 3(17)(C) of the Federal Power Act (16 USC 796(17)(C)).
  5. Qualifying cogeneration facilities that burn homogenous waste to produce electricity or other forms of useful energy (see section 3(18)(B) of the Federal Power Act (16 USB 796 (18)(B)).
  6. Any unit required to have a permit under Section 3005 of the Solid Waste Disposal Act.
  7. Any materials recovery facility that combusts waste for the primary purpose of recovering metals.
  8. Pyrolysis/combustion units that are an integrated part of a plastics/rubber recycling unit.
*Many of the above facilities are required to submit notifications, proof of qualifying exemption, and maintain relevant records. Please see the rule text for full details.
Known Sources in NDEE Jurisdiction:
Date of Original Final Rule: 2/11/91
Amendments Dates: 10/17/2000 (65 FR 61753)
02/12/1999 (64 FR 7465)
12/19/1995 (60 FR 65384)
State Regulations: Title 129, Chapter 12, Sectin 001.07

Previously: Title 129, Chapter 18, Section 001.31
Federal Regulations: 40 CFR 60.50a
Related Rules:

NSPS - 40 CFR Part 60

Subpart E - Incinerators
Subparts Cb, Eb, AAAA, or BBBB - Municipal Waste Combustors
Regulations and Federal Registers: eCFR Subpart Ea [ecfr.gov]
FAQs, Fact Sheets, and Rule Summaries: Clean Air Act Guidelines and Standards for Waste Management [epa.gov] - contains federal register notices and technical information

EPA Sponsored Combustion Portal [combustionportal.org] - Federal & state compliance information & sustainability content for combustion processes

Other Information and Resources:
Page Last Updated: 12/16/22