40 CFR § 60.3059 - Am I required to apply for and obtain a title V operating permit for my unit?

---
identifier: "/us/cfr/t40/s60.3059"
source: "ecfr"
legal_status: "authoritative_unofficial"
title: "40 CFR § 60.3059 - Am I required to apply for and obtain a title V operating permit for my unit?"
title_number: 40
title_name: "Protection of Environment"
section_number: "60.3059"
section_name: "Am I required to apply for and obtain a title V operating permit for my unit?"
chapter_name: "ENVIRONMENTAL PROTECTION AGENCY"
subchapter_number: "C"
subchapter_name: "AIR PROGRAMS"
part_number: "60"
part_name: "STANDARDS OF PERFORMANCE FOR NEW STATIONARY SOURCES"
positive_law: false
currency: "2026-03-24"
last_updated: "2026-03-24"
format_version: "1.1.0"
generator: "[email protected]"
authority: "42 U.S.C. 7401"
regulatory_source: "36 FR 24877, Dec. 23, 1971, unless otherwise noted."
cfr_part: "60"
---


# 60.3059 Am I required to apply for and obtain a title V operating permit for my unit?

(a) Yes, if your OSWI unit is an existing incineration unit subject to an applicable EPA-approved and effective Clean Air Act section 111(d)/129 State or Tribal plan or an applicable and effective Federal plan, you are required to apply for and obtain a title V operating permit unless you meet the relevant requirements for an exemption specified in § 60.2993, or unless your unit is an air curtain incinerator exempt under paragraph (b) of this section.

(b) If you own or operate an air curtain incinerator that burns only wood waste; clean lumber; yard waste; or a mixture of wood waste, clean lumber, and/or yard waste and is subject only to the requirements in §§ 60.3062 through 60.3068, you are exempt from the obligation to obtain a title V operating permit, provided that your air curtain incinerator is not otherwise required to obtain a title V operating permit.

[89 FR 89932, Nov. 14, 2024]