eCFR Subpart Ea [ecfr.gov]
This subpart applies to:
- 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*:
- 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.
- Any co-fired combustor located at a plant with a capacity greater than 225 megagrams/day (250 tons/day).
- Any co-fired combustor subject to a federally enforceable permit limiting it to no more than 225 megagrams/day (250 tons/day).
- 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)).
- 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)).
- Any unit required to have a permit under Section 3005 of the Solid Waste Disposal Act.
- Any materials recovery facility that combusts waste for the primary purpose of recovering metals.
- 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.