NSPS Notebook
Large Municipal Waste Combustors for which commenced construction after September 20, 1994 or for which modification or reconstruction is commenced after July 19, 1996 -  Subpart Eb

Applicability: eCFR Subpart Eb [ecfr.gov]

This subpart applies to:
  1. Municipal waste combustors with a capacity greater than 225 megagrams/day (250 tons/day) that commences construction, modification, or reconstruction after Sep 20, 1994.
Units subject to this subpart are not subject to NSPS E or Ea.

Physical or operational changes made to existing units to comply with emission guidelines under NSPS Cb are not considered modifications or reconstruction.

Not subject to this subpart*:
  1. Any waste combustion unit subject to a federally enforceable permit limiting the maximum amount of municipal solid waste combustion to 11 tons/day or less.
  2. 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)).
  3. 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 USC 796 (18)(B)).
  4. Any unit combusting a single-item waste stream of tires.
  5. Any unit required to have a permit under Section 3005 of the Solid Waste Disposal Act.
  6. Any materials recovery facility (including primary or secondary smelters) that combusts waste for the primary purpose of recovering metals.
  7. Co-fired combustors.
  8. Air curtain incinerators that combust only yard waste.
  9. Pyrolysis/combustion units that are an integrated part of a plastics/rubber recycling unit.
  10. Cement kilns firing municipal solid waste.
*Many of the above facilities must submit notifications, proof of qualifying exemption status, and maintain relevant records. Please see the rule text for full details.
Known Sources in NDEE Jurisdiction:
Date of Original Final Rule: 12/19/95
Amendments Dates: 05/10/2006 (71 FR 27324)
11/16/2011 (66 FR 57827)
07/12/2001 (66 FR 36473)
10/17/2000 (65 FR 61744)
08/25/1997 (62 FR 45120
State Regulations: Title 129, Chapter 12, Section 001.08

Previously: Title 129, Chapter 18, Section 001.66
Federal Regulations: 40 CFR 60.50b
Related Rules:

NSPS - 40 CFR Part 60

Subpart E - Incinerators
Subparts Cb, Ea, AAAA, or BBBB - Municipal Waste Combustors
Regulations and Federal Registers: eCFR Subpart Eb [ecfr.gov]

(See attached file: Cb-Eb Fed. Reg. 2007-03-20 - Proposed Reconsideration.pdf)

SizeFile Name
79 KB Cb-Eb Fed. Reg. 2007-03-20 - Proposed Reconsideration.pdf
FAQs, Fact Sheets, and Rule Summaries: EPA's Large Municipal Waste Combustors Website [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