(a) Municipal waste combustors that combust less than 11 tons per day. You are exempt from this subpart if you meet each of the following four requirements:

(1) Your municipal waste combustor that is capable of combusting more than 250 tons per day of municipal solid waste is subject to a federally enforceable permit limiting the maximum amount of municipal solid waste that may be combusted in the unit to less than or equal to 11 tons per day.

(2) You notify the Administrator that the unit qualifies for this exemption. Beginning September 10, 2026, you must submit the notification and copy of the federally enforceable permit required by (a)(2) and (3) of this section as a portable document format (PDF) file electronically according to § 60.6065(d).

(3) You provide the Administrator with a copy of the federally enforceable permit that limits the firing of municipal solid waste to less than 11 tons per day. Beginning September 10, 2026, you must submit the notification and copy of the federally enforceable permit required by (a)(2) and (3) of this section as a portable document format (PDF) file electronically according to § 60.6065(d).

(4) You keep daily records of the amount of municipal solid waste combusted.

(b) Small power production facilities. You are exempt from this subpart if you meet each of the following four requirements:

(1) Your 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) Your unit combusts homogeneous waste (such as automotive tires or used oil, but excluding refuse-derived fuel) to produce electricity.

(3) You notify the Administrator that the unit qualifies for this exemption. Beginning September 10, 2026, you must submit this notification as a PDF file electronically according to § 60.6065(d).

(4) You provide the Administrator with data documenting that the unit qualifies for this exemption.

(c) Cogeneration facilities. You are exempt from this subpart if you meet each of the following four requirements:

(1) Your unit qualifies as a cogeneration facility under section 3(18)(B) of the Federal Power Act (16 U.S.C. 796(18)(B)).

(2) Your unit combusts homogeneous waste (such as automotive tires or used oil but excluding refuse-derived fuel) to produce electricity and steam or other forms of useful energy (such as heat) used for industrial, commercial, heating, or cooling purposes.

(3) You notify the Administrator that the unit qualifies for this exemption. Beginning September 10, 2026, you must submit this notification as a PDF file electronically according to § 60.6065(d).

(4) You provide the Administrator with documentation that the unit qualifies for this exemption.

(d) Municipal waste combustors that combust only tires. You are exempt from this subpart if you meet each of the following three requirements:

(1) Your municipal waste combustor combusts a single-item waste stream of tires.

(2) You notify the Administrator that the unit qualifies for this exemption.

(3) You provide the Administrator with data documenting that the unit qualifies for this exemption. Beginning September 10, 2026, you must submit the notification and data required under (d)(2) and (3) of this section as a PDF file electronically according to § 60.6065(d).

(e) Hazardous waste combustion units. You are exempt from this subpart if you get a permit for your unit under section 3005 of the Solid Waste Disposal Act.

(f) Materials recovery units. You are exempt from this subpart if your unit combusts waste primarily to recover metals. Primary and secondary smelters qualify for the exemption.

(g) Co-fired combustors. You are exempt from this subpart if you meet each of the following four requirements:

(1) Your municipal waste combustor is a co-fired combustor as defined under § 60.6145.

(2) You notify the Administrator that the unit qualifies for this exemption.

(3) You provide the Administrator with a copy of the federally enforceable permit (specified in the definition of cofired combustor in § 60.6145). Beginning September 10, 2026, you submit the notification and copy of the federally enforceable permit required under (g)(2) and (3) of this section as a PDF file electronically according to § 60.6065(d).

(4) You record the weights, each quarter, of municipal solid waste and of all other fuels combusted.

(h) Plastics/rubber recycling units. You are exempt from this subpart if you meet each of the following five requirements:

(1) Your pyrolysis/combustion unit is an integrated part of a plastics/rubber recycling unit as defined under “Definitions” (§ 60.6145).

(2) You notify the Administrator that the unit qualifies for this exemption. Beginning September 10, 2026, you must submit this notification as a PDF file electronically according to § 60.6065(d).

(3) You keep and maintain records of the weights, each calendar quarter, of plastics, rubber, and rubber tires processed.

(4) You keep and maintain records of the weights, each calendar quarter, of chemical plant feed stocks and petroleum refinery feedstocks produced and marketed.

(5) You keep and maintain records of the name and address of the purchaser of those feed stocks.

(i) Units that combust fuels made from products of plastics/rubber recycling plants. You are exempt from this subpart if you meet two requirements:

(1) Your unit combusts gasoline, diesel fuel, jet fuel, fuel oils, residual oil, refinery gas, petroleum coke, liquified petroleum gas, propane, or butane produced by chemical plants or petroleum refineries that use feedstocks produced by plastics/rubber recycling units.

(2) Your unit does not combust any other municipal solid waste.

(j) Cement kilns. You are exempt from this subpart if your cement kiln combusts municipal solid waste.

(k) Air curtain incinerators. If your air curtain incinerator (see § 60.6145 for definition) combusts 100 percent wood waste, 100 percent clean lumber, 100 percent yard waste, or a 100 percent mixture of only wood waste, clean lumber, and/or yard waste, you must meet only the requirements under “Air Curtain Incinerators That Burn 100 Percent Wood Waste, Clean Lumber, and Yard Waste” (§§ 60.6115 through 60.6135). If your air curtain incinerator combusts municipal solid waste other than 100 percent wood waste, 100 percent clean lumber, 100 percent yard waste, or a 100 percent mixture of only wood waste, clean lumber, and/or yard waste, you are subject to all provisions of this subpart.