Proposed Rule2026-02830
Partial Approval and Promulgation of State Plan for Designated Facilities and Pollutants; West Virginia; Control of Emissions From Existing Commercial and Industrial Solid Waste Incineration (CISWI) Units, Plan Revision
Primary source
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Published
February 12, 2026
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is proposing to partially approve revisions to the state plan for designated facilities and pollutants applicable to existing Commercial and Industrial Solid Waste Incineration (CISWI) units in the State of West Virginia ("West Virginia"). This proposed action will partially approve West Virginia's revisions to its state plan to include rules implementing the EPA's amended emission guidelines for CISWI units developed under sections 111(d) and 129 of the Clean Air Act (CAA). The EPA is proposing to approve the state plan in part and to amend the agency regulations in accordance with the requirements of the CAA.
Full Text
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<title>Federal Register, Volume 91 Issue 29 (Thursday, February 12, 2026)</title>
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[Federal Register Volume 91, Number 29 (Thursday, February 12, 2026)]
[Proposed Rules]
[Pages 6604-6608]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-02830]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 62
[EPA-R03-OAR-2025-0043; FRL-11453-01-R3]
Partial Approval and Promulgation of State Plan for Designated
Facilities and Pollutants; West Virginia; Control of Emissions From
Existing Commercial and Industrial Solid Waste Incineration (CISWI)
Units, Plan Revision
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: The Environmental Protection Agency (EPA) is proposing to
partially approve revisions to the state plan for designated facilities
and pollutants applicable to existing Commercial and Industrial Solid
Waste Incineration (CISWI) units in the State of West Virginia (``West
Virginia''). This proposed action will partially approve West
Virginia's revisions to its state plan to include rules implementing
the EPA's amended emission guidelines for CISWI units developed under
sections 111(d) and 129 of the Clean Air Act (CAA). The EPA is
proposing to approve the state plan in part and to amend the agency
regulations in accordance with the requirements of the CAA.
DATES: Written comments must be received on or before March 16, 2026.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R03-
OAR-2025-0043 at <a href="http://www.regulations.gov">www.regulations.gov</a>, or via email to
<a href="/cdn-cgi/l/email-protection#0a7e6b66666f73246e6b7c636e4a6f7a6b246d657c"><span class="__cf_email__" data-cfemail="0f7b6e63636a76216b6e79666b4f6a7f6e21686079">[email protected]</span></a>. For comments submitted at <a href="http://Regulations.gov">Regulations.gov</a>, follow
the online instructions for submitting comments. Once submitted,
comments cannot be edited or removed from <a href="http://Regulations.gov">Regulations.gov</a>. For either
manner of submission, the EPA may publish any comment received to its
public docket. Do not submit electronically any information you
consider to be confidential business information (CBI) or other
information whose disclosure is restricted by statute. Multimedia
submissions (audio, video, etc.) must be accompanied by a written
comment. The written comment is considered the official comment and
should include discussion of all points you wish to make. The EPA will
generally not consider comments or comment contents located outside of
the primary submission (i.e., on the web, cloud, or other file sharing
system). For additional submission methods, please contact the person
identified in the For Further Information Contact section. For the full
EPA public comment policy, information about CBI or multimedia
submissions, and general guidance on making effective comments, please
visit <a href="http://www.epa.gov/dockets/commenting-epa-dockets">www.epa.gov/dockets/commenting-epa-dockets</a>.
FOR FURTHER INFORMATION CONTACT: Krystal Stankunas, Permits Branch
(3AD10), Air and Radiation Division, U.S. Environmental Protection
Agency, Region III, 1600 John F. Kennedy Blvd., Philadelphia,
Pennsylvania 19103 at (215) 814-5271 or by email at
<a href="/cdn-cgi/l/email-protection#2c5f584d424759424d5f02475e555f584d406c495c4d024b435a"><span class="__cf_email__" data-cfemail="a8dbdcc9c6c3ddc6c9db86c3dad1dbdcc9c4e8cdd8c986cfc7de">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Background
The CAA section 129 requires the EPA to promulgate performance
standards and emission guidelines pursuant to CAA section 111(d) for
all categories of existing solid waste incineration units, including
CISWI units to control certain pollutants (particulate matter, opacity
(as applicable), carbon monoxide, dioxins/furans, sulfur dioxide,
nitrogen oxides, hydrogen chloride, lead, mercury, and cadmium). State
regulatory agencies implement the emission guidelines and compliance
times using a state plan developed under CAA sections 111(d) and 129.
Section 111(d) of the CAA establishes general requirements and
procedures on state plan submittals for the control of designated
pollutants. The regulations at 40 Code of Federal Regulations (CFR)
part 60, subpart B sets forth the procedures for adoption and submittal
of the state plan. Section 129(b)(2) of the CAA mandates that all state
plan requirements be at least as protective as the promulgated emission
guidelines. The state plan requirements implementing the emission
guidelines become federally enforceable upon approval by the EPA. Such
plan includes fixed final compliance dates, fixed compliance schedules,
and title V permitting requirements for all affected sources. Section
129(b)(2) of the CAA also requires that state plans be submitted to the
EPA within one year after the EPA's promulgation of the emission
guidelines and compliance times. Under CAA section 129(b)(3), if a
state does not submit an approvable state plan within two years after
the promulgation of the emission guidelines, the Federal plan applies
in that state until the state has an approved state plan.
On December 1, 2000, the EPA promulgated new source performance
standards (NSPS) and emission guidelines to reduce air pollution from
CISWI units, which are codified at 40 CFR part 60, subparts CCCC and
DDDD, respectively. See 65 FR 75338. EPA finalized emission limitations
for CISWI units and definitions for Non-Hazardous Secondary Materials
(NHSM) that are Solid Waste, both under the same publication (February
7, 2013, 78 FR 9112). This 2013 document reflects the EPA's revisions
to the CISWI rule originally published at 76 FR 15704 on March 21,
2011, resulting from the EPA's reconsideration of certain issues after
further public comments. The 2013 document also included final
amendments to the NHSM rule. The definition of solid waste in the NHSM
rule determines whether a particular incinerator is covered under
another incinerator rule. Subsequently, the EPA received petitions to
further reconsider certain provisions of the 2013 NSPS and emission
guidelines for CISWI units. On January 21, 2015, the EPA granted
reconsideration on four specific issues, and it finalized
reconsideration of those issues on June 23, 2016. See 81 FR 40956. On
April 16, 2019, 84 FR 15846, the EPA clarified and corrected the June
23, 2016 CISWI rules regarding: (1) an alternative equivalent emission
limit for mercury (Hg) for waste-burning kilns, (2) timing of initial
test and initial performance evaluation, (3) extension of electronic
data reporting requirement, (4) non-delegated authorities, (5)
demonstrating initial and continuous compliance when using a continuous
emissions monitoring system (CEMS), (6) continuous opacity monitoring
requirements, (7) other CEMS requirements, (8) clarification about
reduced testing requirements, (9) deviation reporting requirements for
continuous monitoring data, and (10) clarification of air curtain
incinerator requirements (ACI), as well as corrections to typographical
errors. On October 7, 2020, 85 FR 63394. EPA updated regulations for
source testing of emissions, which included revisions to 40 CFR part 60
subpart DDDD. The regulations at 40 CFR part 60, subpart DDDD sets
forth the emission guidelines for existing CISWIs which include the
model rule.\1\
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\1\ 40 CFR 60.2560 explains that the model rule provisions are
the portion of the emission guidelines that address regulatory
requirements applicable to existing CISWIs.
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On December 11, 2024 (89 FR 100092), EPA published the Federal plan
for existing CISWI units. The CISWI Federal plan applies to those
states that do not have an approved state plan for existing CISWIs in
place by January 10, 2025. See 89 FR 100092 at 100095. Furthermore, if
a state plan is partially approved,\2\ the Federal plan
[[Page 6605]]
applies to affected CISWI units in lieu of the remaining portions of
the state plan until the state has a fully approved state plan. See 89
FR 100092 at 100095.
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\2\ EPA may partially approve a state plan per 40 CFR 60.27(c).
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The EPA approved the initial West Virginia CISWI plan, and related
state rule, (WV title 45, Code of State Rules, chapter 18 (WV45CSR18)),
effective June 10, 2003 (68 FR 17738, April 11, 2003). The state plan
approval is codified in 40 CFR part 62, subpart XX. On May 11, 2009,
the West Virginia Department of Environmental Protection (WVDEP)
submitted to the EPA a formal 111(d)/129 state plan revision for CISWI
units as part of an effort to streamline and consolidate applicable CAA
section 129 incinerator regulatory requirements under one state rule,
WV45CSR18. This revision and related state rule were approved by the
EPA effective October 2, 2009 (74 FR 38344, August 3, 2009).
On May 1, 2023, WVDEP submitted to the EPA a plan revision request
\3\ in response to amendments to the existing CISWI emission guidelines
at 40 CFR part 60, subpart DDDD, Emission Guidelines and Compliance
Times for Commercial and Industrial Solid Waste Incineration Units (84
FR 15846, April 16, 2019) and amendments to Test Methods and
Performance Specifications for Air Emission Sources which included
revisions to 40 CFR part 60 subpart DDDD (85 FR 63394, October 7,
2020). The state rule revision to WV45CSR18 adopted language equivalent
to that of the model rule \4\ in order to meet the emission guidelines
criteria and became effective on April 1, 2022.\5\ As discussed in more
detail in the next section, it was discovered that along with an
inconsistent assumption of authority reserved to the EPA Administrator
at WV45CSR18 section 9.6.l. and a few errors found in WV45CSR18 section
9.13.b and table 45-18M, that sections 9.7.g.2 and 9.7.j.2 had not
accounted for the amendments to the EPA Method 23-Determination of
Polychlorinated Dibenzo-p-Dioxins and Polychlorinated Dibenzofurans
from Stationary Sources which included revisions to 40 CFR part 60
subpart DDDD (88 FR 16732, March 20, 2023).
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\3\ On December 10, 2024, WVDEP also submitted a commitment
letter as a supplement to the state's May 1, 2023 plan revision
request. This letter is included in the docket and discussed below.
\4\ In fact, the language of West Virginia's CISWI regulations
is nearly the same as the language of the model rule.
\5\ The version of WV45CSR18 that the state submitted to the EPA
on May 1, 2023 also includes rules related to other incinerator
categories such as large municipal waste combustors, small municipal
waste combustion units, hospital/medical/infectious waste
incinerators, other solid waste incineration units, and sewage
sludge incineration units. The portions of WV45CSR18 related to
these categories are outside the scope of this proposed approval
which is limited to the state plan for existing CISWIs.
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II. Analysis of State Submittal
The emission guidelines and compliance times are codified in 40 CFR
part 60, subpart DDDD. Federal regulations require that state plans
must contain specific information and the legal mechanisms necessary to
implement the emission guidelines and compliance times. Under 40 CFR
60.2515 and CAA section 129(b), the specific requirements are as
follows:
<bullet> Inventory of affected CISWI units, including those that
have ceased operation but have not been dismantled.
<bullet> Inventory of emissions from affected CISWI units in West
Virginia.\6\
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\6\ The EPA's June 2003 approval of West Virginia's CISWI plan
identified E.I. Du Pont de Nemours and Company, Washington Works
(``DuPont'') located in Wood County, West Virginia as the state's
only existing CISWI source. West Virginia's May 1, 2023 submittal of
its state plan revision continues to identify the same facility as
operating the only CISWI unit, only now it is known as The Chemours
Company FC, LLC, Washington Works.
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<bullet> Compliance schedules for each affected CISWI unit with a
final compliance date no later than February 7, 2018 or three (3) years
after the effective date of state plan approval, whichever is earlier.
<bullet> Emission limitations, operator training and qualification
requirements, a waste management plan, and operating limits for
affected CISWI units that are at least as protective as the emission
guidelines contained in subpart DDDD.
<bullet> Performance testing, recordkeeping, and reporting
requirements.
<bullet> Certification that the hearing on the state plan was held,
a list of witnesses and organizational affiliations, if any, appearing
at the hearing, and a brief written summary of each presentation or
written submission.
<bullet> Provision for State progress reports to EPA.
<bullet> Identification of enforceable State mechanisms selected
for implementing the emission guidelines of subpart DDDD.
<bullet> Demonstration of West Virginia's legal authority to carry
out the CAA sections 111(d) and 129 state plan.
West Virginia's May 1, 2023 state plan revision established
operating and emission limits for existing CISWI units and provided
mechanisms for the implementation and enforcement of those limits. West
Virginia adopted the emission limits, testing, monitoring, reporting
and recordkeeping requirements, and other aspects of the model rule for
existing CISWI units. The state plan revision addressed increments of
progress, operator training, initial and continuous compliance
requirements, title V requirements, and ACI requirements. The state
plan revision also included definitions and a waste management plan
from the model rule. The EPA is proposing to approve West Virginia rule
WV45CSR18 sections 2 (specifically 2.1-2.13, 2.16, 2.18, 2.19-2.27), 9,
and 13.3 and tables 45CSR18E through 18M as containing the applicable
requirements that are as protective as 40 CFR part 60, subpart DDDD
with the exception of provisions discussed below.
Certain provisions of WV45CSR18 are not as protective as the
emission guidelines. Three of these provisions cause the state plan to
be less stringent as a result of errors found in West Virginia's
regulations or as a result of the intervening amendment to the emission
guidelines described above in section I of this preamble. For these
three provisions in the state plan revision which the EPA is not
proposing to include in the approval, the corresponding Federal plan
provisions will apply until West Virginia submits and the EPA approves
a fully approvable state plan. 40 CFR 60.2525(b).
There is a fourth provision which is inconsistent with certain
requirements of 40 CFR part 60, subpart DDDD. This provision could be
read to give authority that is reserved to the EPA Administrator to
WVDEP's Secretary instead. WVDEP has addressed this inconsistency via a
commitment letter dated December 10, 2024 which is discussed below, and
thus the provision in question is included in the proposed partial
approval.
First, West Virginia's rule 45CSR18-9 (specifically 45CSR18-9.7.g.2
and 9.7.j.2), effective April 1, 2022, did not address the EPA's
updates published on and effective March 20, 2023 to 40 CFR part 60
appendix A-7 Method 23 and 40 CFR 60.2690(g) of subpart DDDD: ``In 40
CFR part 60, subpart DDDD, we are revising 40 CFR 60.2690(g)(2) and
(j)(2) to realign the requirement for identifying isomers to the
reorganized section 11.4.2.4 \7\ in the revisions of Method 23.'' (88
FR 16732 at 16740, March 20, 2023). In quantifying isomers for dioxins/
furans performance testing, the prior model rule language specifically
cited ``identification criteria 2, 3, 4, and 5 in section 5.2.3.5 of
[[Page 6606]]
Method 23,'' a section which the revised Method 23 no longer contains.
Because West Virginia's rule copies the prior 40 CFR 60.2690(g)(2) and
(j)(2) model rule language verbatim and now references particular
identification criteria in a nonexistent section of Method 23,\8\ it is
no longer as protective as the emission guidelines, and therefore
inadequate to address the specifically referenced conditions related to
test methods for dioxins/furans. Therefore, the EPA is excluding from
its proposed approval 45CSR18-9.7.g and j in their entirety because
sections 9.7.g.1-.4 and j.1-.3 set forth interrelated steps in the
required testing procedures which either directly or indirectly
reference sections 9.7.g.2 and j.2. 40 CFR 62.14615a(g) and (j) of the
Federal CISWI plan will apply instead as these counterparts reference
the correct sections of Method 23.\9\
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\7\ The preamble's reference to section 11.4.2.4 of the March
20, 2023 version of Method 23 is likely a typographical error as the
isomer identification requirements are located at section 11.4.3.4
of Method 23 as correctly referenced in 40 CFR 60.2690(g)(2) and
(j)(2).
\8\ 45CSR18-9.7.g.1 refers to 45CSR16 which by reference cites
the 40 CFR part 60 test methods in effect as of June 1, 2023. That
version of 40 CFR part 60 includes the version of Method 23 that
contains no section 5.2.3.5 with identification criteria for
dioxins/furans.
\9\ Tables 45-18F and 45-18J through -18M contain emission
limits for dioxins/furans and list as the corresponding compliance
method performance testing based on Method 23 at 40 CFR part 60,
appendix A-7. The limits and performance test methods in those
tables are proposed to be approved as the version of Method 23
incorporated by reference in West Virginia's regulations at 45CSR16
is the version that includes section 11.4.3.4 which is referenced at
40 CFR 60.2690(g) and (j) of the emission guidelines as well as 40
CFR 62.14615a(g) and (j) of the Federal plan.
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Second, 45CSR18-9.13.b is not as protective as the emission
guidelines because it does not require certain types of ACIs to meet
the minimum requirements. 45CSR18-9.13.b states that ACIs that burn
only 100% wood waste, 100% clean lumber, or a 100% mixture of only wood
waste, clean lumber and/or yard waste are only required to meet a
limited set of requirements. 45CSR18-9.13.b corresponds to 40 CFR
60.2810(b) in the CISWI emission guidelines. Among the more limited set
of requirements \10\ specified in 40 CFR 60.2810(b) are the ACI
provisions of 40 CFR 60.2810 through 60.2870. 45CSR18-9.13 corresponds
to 40 CFR 60.2810 through 60.2870. To be as protective as 40 CFR
60.2810(b), the more limited set of requirements that apply to the
types of ACIs listed at 45CSR18-9.13.b should include the ACI
requirements specified at 45CSR18-9.13 which include opacity standards,
compliance schedules, and associated monitoring, recordkeeping, and
reporting requirements. However, 45CSR18-9.13.b instead only points to
increments of progress/final compliance deadlines by mistakenly
referencing 45CSR18-9.3 instead of section 9.13. Therefore, 45CSR18-
9.13.b does not require the ACIs that burn these types of fuel to meet
requirements at 45CSR18-9.13 such as the opacity standard and is thus
less protective than the emission guidelines. The EPA is excluding from
its proposed approval 45CSR18-9.13.b, and the corresponding language of
the Federal CISWI plan, 40 CFR 62.14740a(b), will apply instead. Since
40 CFR 62.14740a(b) references 40 CFR 62.14770a (title V) and 40 CFR
62.14740a through 62.14765a (ACI requirements--opacity limitations),
these conditions of the Federal plan will also apply for these types of
ACIs.
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\10\ The more limited requirements referenced in 40 CFR
60.2810(b) also includes 40 CFR 60.2805 which requires title V
permits for ACI units.
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Third, there is an error in footnote c of table 45-18M. Footnote c
of table 45-18M allows the use of CEMS, or for mercury, an integrated
sorbent trap monitoring system in lieu of performance testing for
compliance with emission limitations applicable to small, remote
incinerators so long as the owner or operator complies with the CEMS or
integrated sorbent trap monitoring requirements applicable per
references to certain existing CISWI monitoring requirements.
Specifically, footnote c of table 45-18M cross references ``9.10.a
through 9.10.5''; however, 9.10.5 does not exist. The corresponding
emission guidelines footnote 3 at table 9 to subpart DDDD of Part 60
references the monitoring and parameter requirements of 40 CFR 60.2730.
The regulations at 40 CFR 60.2730's monitoring and parameter
requirements correspond to 45CSR18-9.10.a through -9.10.t.\11\ To match
all requirements that correspond to 40 CFR 60.2730 which is referenced
in the emission guidelines at footnote 3 of Table 9 to subpart DDDD of
Part 60, footnote c of Table 45-18M should reference 9.10.t instead of
the nonexistent 9.10.5.\12\ This means that it is unclear what
requirements, other than 9.10.a, footnote c of Table 45-18M is cross-
referencing as applicable--this makes this footnote less protective
than the footnote in the emission guidelines. The EPA is excluding from
its proposed approval footnote c of Table 45-18M to eliminate any
confusion about which sections are being referenced and thus any
confusion about what monitoring and parameter requirements owners and
operators must follow in lieu of performance testing for small, remote
incinerators. The Federal plan's footnote 2 at Table 7 to subpart IIIa
of Part 62 (and the Federal plan CFR provisions referenced therein, 40
CFR 62.14640a, 62.14665a, and 62.14640a(u)) applies instead to the
``Averaging time'' and ``Performance test methods'' columns of Table
45-18M if CEMS, or for mercury, an integrated sorbent trap monitoring
system is used in lieu of performance testing for small, remote
incinerators.
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\11\ 45CSR18-9.10.u, the last subsection of -9.10, corresponds
to 40 CFR 60.2735.
\12\ The other footnotes c to Tables 45-18J through 45-18L all
correctly reference 45CSR18-9.10.a through -9.10.t in West
Virginia's state plan revision.
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Fourth, 45CSR18-9.6.l is inconsistent with restrictions on the
delegation of authority in the emission guidelines. 45 CSR18-9.6.l
requires owners or operators to submit petitions to the WVDEP Secretary
for specific operating limits if the owner or operator uses an air
pollution control device other than a wet scrubber, activated carbon
injection, selective noncatalytic reduction, fabric filter, an
electrostatic precipitator or a dry scrubber or the limitation of
emissions in some other manner, including mass balances, to comply with
certain emission limitations. 45CSR18-9.6.l could be interpreted to
designate authority to the state to determine specific operating limits
to be established during the initial performance test and continuously
monitored thereafter. 45CSR18-9.6.l corresponds to 40 CFR 60.2680 which
gives the EPA Administrator the authority over such petitions.
Moreover, 40 CFR 60.2542(e) states that this authority at 40 CFR
60.2680, among other authorities, should not be delegated to a state
agency. 45CSR18-9.6.l is also inconsistent with 9.14.e,\13\ which
states that, ``[t]he requirements in subdivision 9.6.l of this rule,''
remain under the authority of the EPA Administrator and not the WVDEP
Secretary. The EPA has reviewed West Virginia's commitment letter of
December 10, 2024, and is proposing to find that the commitment letter
and 45CSR18-9.14.e together address the inconsistency. The letter
acknowledges the inconsistency between 45CSR18-9.6.l and the Federal
provisions at 40 CFR 60.2542(e), 60.2680, and inconsistency with the
state plan provision at 45CSR18-9.14.e. WVDEP has also committed to
forwarding any 45CSR18-9.6.l petitions it receives to the Director of
the Air and Radiation Division and the Director of the Enforcement &
Compliance Assurance Division at U.S. EPA Region III within ten
business days of receipt without taking any further action or making
any determination on petitions submitted under 45CSR18-9.6.l.
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\13\ The language of 45CSR18-9.14.e corresponds to the
restrictions on delegation of authority in 40 CFR 60.2542(e).
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There is one error in 45CSR18-9.13.e. for which the EPA will not be
proposing
[[Page 6607]]
exclusion from approval. 45CSR18-9.13.e corresponds to 40 CFR 60.2825
of the emission guidelines. 45CSR18-9.13.e applies to existing ACIs and
describes requirements for the notification of achievement of
increments of progress. The introductory language to 45CSR18-9.13.e
references -9.3.e.1 through -9.3.e.3 instead of -9.13.e.1 through -
9.13.e.3 but then lists after the colon the specific requirements of
45CSR18-9.13.e.1 through -9.13.e.3 directly below the introductory
language as the information that should be included in the notification
of achievement. Also, while there is a 45CSR18-9.3.e, there is no -
9.3.e.1 through -9.3.e.3. Nonetheless, from the context and 45CSR18-
9.13.e's punctuation, the notification of achievement requirements for
increments of progress are sufficiently clear. Therefore, the incorrect
reference does not make West Virginia's state plan less protective than
the emission guidelines. Furthermore, the statutory deadlines for the
increments of progress for which notification of achievements would be
required have already passed. According to the increments of progress
and compliance schedules listed in Table 45-18E, which is referenced in
45CSR18-9.13.d, existing ACIs should have submitted a final control
plan by February 7, 2016 and achieved final compliance by February 7,
2018 if construction commenced on or before June 4, 2010. See 42 U.S.C.
7429(b)(2). Any notifications of achievement required under 45CSR18-
9.13.e. should have already occurred, and more importantly, final
compliance should already have occurred. In addition, the Federal plan
does not contain increments of progress as a compliance pathway, and
thus there is no notification of achievement provision in the ACI
requirements at 40 CFR 62.14740a through62.14765a that correspond to
the ACI requirements in the emission guidelines at 40 CFR 60.2810
through 60.2870. 89 FR 100092 at 100098, 100127 (December 11, 2024).
This error is discussed here only for clarity and completeness--EPA is
proposing to approve 45CSR18-9.13.e. Nonetheless, if West Virginia
intends to submit revisions to the state plan in the future, EPA
recommends that West Virginia correct 45CSR18-9.13.e along with any
other errors identified in this proposed rulemaking.
The EPA proposes to find that West Virginia's state plan revision
meets the criteria of 40 CFR part 60, subpart B except for the excluded
provisions discussed above. The state provided evidence that it
complied with the public notice and hearing requirements of 40 CFR
60.23. The state plan addressed emission standards and compliance
schedules per 40 CFR 60.24 with the exceptions of the provisions
proposed to be excluded as discussed above. West Virginia has the legal
authority to carry out the state plan per 40 CFR 60.26. The state plan
revision also included an emission inventory, source surveillance
requirements, and reporting requirements per 40 CFR 60.25. A more
detailed discussion on the rationale and basis for this proposed
partial approval is set forth in the technical support document (TSD)
located in the rulemaking docket.
III. Proposed Action
The EPA is proposing to partially approve West Virginia's 111(d)/
129 state plan for existing CISWI units to the extent that the
provisions of the state plan are as protective as 40 CFR part 60,
subpart DDDD as discussed above and are submitted in accordance with
the requirements for adoption and submittal of state plans for
designated facilities in 40 CFR part 60, subpart B. The EPA is
excluding from this proposed approval the provisions of the state plan
that are not as protective as 40 CFR part 60, subpart DDDD and do not
meet certain criteria in 40 CFR part 60, subpart B--specifically,
45CSR18-9.7.g and j, 45CSR18-9.13.b, and footnote c of Table 45-18M.
Additionally, the EPA is proposing to amend 40 CFR part 62, subpart XX
to reflect this action. This partial approval action is based on the
rationale previously discussed in this document and explained in
further detail in the TSD that may be found in the docket for this
action. The scope of the proposed partial approval of the CAA section
111(d)/129 state plan is limited to the provisions of 40 CFR part 60
for existing CISWI units, as referenced in the emission guidelines at
subpart DDDD. Pursuant to 40 CFR 60.2542, the EPA Administrator
continues to retain authority per EPA regulations at 40 CFR 60.2542(a)
through (i).
IV. Incorporation by Reference
In accordance with the requirements of 1 CFR 51.5, the EPA is
proposing to incorporate by reference the WVDEP rules at 45CSR18
sections 2 (specific provisions), 9, and 13.3, and tables 45CSR18E
through 18M regarding requirements for existing CISWI units that are
proposed for approval as the state plan except for certain provisions
as discussed in section II of this document. The EPA has made, and will
continue to make, these materials generally available through the
docket for this action, EPA-R03-OAR-2025-0043, at <a href="http://www.regulations.gov">www.regulations.gov</a>
and at the EPA Region III Office (please contact the person identified
in the For Further Information Contact section of this preamble for
more information).
V. Statutory and Executive Order Reviews
In reviewing 111d/129 state plan submissions, the EPA's role is to
approve state choices, provided that they meet the criteria of the CAA
and applicable Federal regulations. Accordingly, this action merely
proposes to approve state law (i.e., most of the state plan for
existing CISWIs) as meeting Federal requirements and does not impose
additional requirements beyond those imposed by state law. In a few
instances, this action proposes to exclude from approval state law as
not meeting Federal requirements, the effect of which would be to allow
already promulgated Federal plan to operate in lieu of a handful of
excluded state provisions.
A. Executive Order 12866: Regulatory Planning and Review
This action is not a significant regulatory action and was
therefore not submitted to the Office of Management and Budget (OMB)
for review.
B. Executive Order 14192: Unleashing Prosperity Through Deregulation
This action is not subject to Executive Order 14192 (90 FR 9065,
February 6, 2025) because this action is not significant under
Executive Order 12866.
C. Paperwork Reduction Act (PRA)
This action does not impose an information collection burden under
the provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.)
because it does not contain any information collection activities.
D. Regulatory Flexibility Act (RFA)
This action is certified as not having a significant economic
impact on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.) because EPA is merely approving
state law, and there are no small entities in West Virginia regulated
under the existing CISWI regulations.
E. Unfunded Mandates Reform Act (UMRA)
This action does not contain any unfunded mandate, as described in
the Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) and does
not
[[Page 6608]]
significantly or uniquely affect small governments.
F. Executive Order 13132: Federalism
This action does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999) because it will
not have substantial direct effects on the states, on the relationship
between the national government and the states, or on the distribution
of power and responsibilities among the various levels of government.
G. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments
This action does not have tribal implications as specified in
Executive Order 13175. Thus, Executive Order 13175 does not apply to
this action.
H. Executive Order 13045: Protection of Children From Environmental
Health Risks and Safety Risks
This action does not concern an environmental health risk or safety
risk subject to Executive Order 13045 (62 FR 19885, April 23, 1997).
I. Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution or Use
This action is not subject to Executive Order 13211 (66 FR 28355,
May 22, 2001), because is not a significant regulatory action under
Executive Order 12866.
J. National Technology Transfer and Advancement Act (NTTAA)
This action is not subject to requirements of section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because it does not involve technical standards.
List of Subjects in 40 CFR Part 62
Environmental protection, Air pollution control, Commercial and
industrial solid waste units, Incorporation by reference,
Intergovernmental relations, Reporting and recordkeeping requirements.
Amy Van Blarcom-Lackey,
Regional Administrator, Region III.
[FR Doc. 2026-02830 Filed 2-11-26; 8:45 am]
BILLING CODE 6560-50-P
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</html>Indexed from Federal Register on February 12, 2026.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.