eCFR Subpart Eb [ecfr.gov]
This subpart applies to:
- 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*:
- 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.
- 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 USC 796 (18)(B)).
- Any unit combusting a single-item waste stream of tires.
- Any unit required to have a permit under Section 3005 of the Solid Waste Disposal Act.
- Any materials recovery facility (including primary or secondary smelters) that combusts waste for the primary purpose of recovering metals.
- Co-fired combustors.
- Air curtain incinerators that combust only yard waste.
- Pyrolysis/combustion units that are an integrated part of a plastics/rubber recycling unit.
- 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.