---
kind: "section"
citation: "40 C.F.R. § 60.2991"
title: "40"
number: "60.2991"
heading: "What incineration units must I address in my state plan?"
url: "https://uscodex.org/cfr/40/60.2991"
---

# §60.2991. What incineration units must I address in my state plan?


Your state plan must address all incineration units in your state that meet all the requirements specified in [paragraphs (a) through (c)](#a..c) of this section.

- (a) The incineration unit is an existing incineration unit as defined in [§ 60.2992](/cfr/40/60.2992.md), except as specified in [paragraph (d)](#d) of this section.
- (b) The incineration unit is an OSWI unit as defined in [§ 60.3078](/cfr/40/60.3078.md) or an air curtain incinerator subject to this subpart as described in [§ 60.2994(b)](/cfr/40/60.2994.md?p=b). OSWI units are very small municipal waste combustion units and institutional waste incineration units as defined in [§ 60.3078](/cfr/40/60.3078.md) and include very small municipal waste combustion units and institutional waste incineration units with capacities less than or equal to 10 tons per day.
- (c) The incineration unit is not excluded under [§ 60.2993](/cfr/40/60.2993.md).
- (d) This subpart does not apply to your unit if it is a rudimentary combustion device as defined in [§ 60.3078](/cfr/40/60.3078.md).
- (e) If your existing incineration unit meets the requirements in § [60.2991(a)](#a) or [(b)](#b), and you replace the unit or make changes to the unit that meet the definition of modification or reconstruction, the unit is subject to the requirements in [§ 60.2885](/cfr/40/60.2885.md), except [§ 60.2885(d)](/cfr/40/60.2885.md?p=d) does not apply.
- (f) If your existing incineration unit meets the requirements in § [60.2991(a)](#a) or [(b)](#b), and you make physical or operational changes to the unit, that do not meet the definition of modification or reconstruction, the unit is still subject to the requirements in § 60.2991, except [§ 60.2991(d)](#d) does not apply.

## Notes

### Amendments

[70 FR 74907, Dec. 16, 2005, as amended at 90 FR 27956, June 30, 2025]

### Source

Source: 70 FR 74907, Dec. 16, 2005, unless otherwise noted.

### Authority

Authority: 42 U.S.C. 7401 et seq.

### Source

Source: 36 FR 24877, Dec. 23, 1971, unless otherwise noted.

### Amendments

[70 FR 74907, Dec. 16, 2005, as amended at 90 FR 27956, June 30, 2025]