Rule2026-05712
Approval and Promulgation of Delegation of Authority for Designated Facilities and Pollutants; Washington; Southwest Clean Air Agency
Primary source
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Published
March 24, 2026
Effective
March 24, 2026
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is approving delegation of authority to the Southwest Clean Air Agency (SWCAA) for implementing and enforcing the Federal plan requirements for several categories of incineration units, specifically hospital/medical/ infectious waste incineration units, commercial and industrial solid waste incineration units, small municipal solid waste combustion units, and sewage sludge incineration units. The Federal plan addresses the implementation and enforcement of emission limits and other control requirements for designated air pollutants. On March 27, 2023, and March 28, 2023, respectively, the EPA Region 10 Regional Administrator and the Executive Director of SWCAA signed a Memorandum of Agreement (MOA) concerning delegation of authority of the Federal plan to SWCAA, which became effective upon signature. The geographic area covered by this MOA comprises the counties of Clark, Cowlitz, Lewis, Skamania, and Wahkiakum in the State of Washington, except in Indian country. This document informs the public of the MOA, provides a copy of the signed document, and amends regulatory text in accordance with the Clean Air Act (CAA).
Full Text
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<title>Federal Register, Volume 91 Issue 56 (Tuesday, March 24, 2026)</title>
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[Federal Register Volume 91, Number 56 (Tuesday, March 24, 2026)]
[Rules and Regulations]
[Pages 13974-13977]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-05712]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 62
[EPA-R10-OAR-2026-0365; FRL-13196-01-R10]
Approval and Promulgation of Delegation of Authority for
Designated Facilities and Pollutants; Washington; Southwest Clean Air
Agency
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is approving
delegation of authority to the Southwest Clean Air Agency (SWCAA) for
implementing and enforcing the Federal plan requirements for several
categories of incineration units, specifically hospital/medical/
infectious waste incineration units, commercial and industrial solid
waste incineration units, small municipal solid waste combustion units,
and sewage sludge incineration units. The Federal plan addresses the
implementation and enforcement of emission limits and other control
requirements for designated air pollutants. On March 27, 2023, and
March 28, 2023, respectively, the EPA Region 10 Regional Administrator
and the Executive Director of SWCAA signed a Memorandum of Agreement
(MOA) concerning delegation of authority of the Federal plan to SWCAA,
which became effective upon signature. The geographic area covered by
this MOA comprises the counties of Clark, Cowlitz, Lewis, Skamania, and
Wahkiakum in the State of Washington, except in Indian country. This
document informs the public of the MOA, provides a copy of the signed
document, and amends regulatory text in accordance with the Clean Air
Act (CAA).
DATES: This final rule is effective on March 24, 2026.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R10-OAR-2026-0365. All documents in the docket are
listed on the website. Although listed in the index, some information
is not publicly available, e.g., Confidential Business Information,
Proprietary Business Information, or other information whose disclosure
is restricted by statute. Certain other material, such as copyrighted
material, is not placed on the internet and will be publicly available
only in hard copy form. Publicly available docket materials are
available electronically through <a href="https://www.regulations.gov">https://www.regulations.gov</a>.
FOR FURTHER INFORMATION CONTACT: Jeff Hunt, EPA Region 10, 1200 Sixth
Avenue, Suite 155, Seattle, WA 98101, at (206) 553-0256 or
<a href="/cdn-cgi/l/email-protection#cfa7baa1bbe1a5aaa9a98faabfaee1a8a0b9"><span class="__cf_email__" data-cfemail="b9d1ccd7cd97d3dcdfdff9dcc9d897ded6cf">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean ``the EPA.''
I. Background
Section 111 of the CAA, ``Standards of Performance for New
Stationary Sources,'' directs the EPA to establish emission standards
for stationary sources of air pollution that could potentially endanger
public health or welfare. These standards are referred to as the New
Source Performance Standards (NSPS). Section 111(b) of the CAA directs
the EPA to publish and periodically revise a list of categories of
stationary sources which cause or significantly contribute to air
pollution, and to establish the NSPS within these categories. Section
111(d) of the CAA addresses the process by which the EPA and States
regulate standards of performance for existing sources belonging to
those categories established in CAA section 111(b). When the NSPS are
promulgated for new sources, CAA section 111(d) and the EPA regulations
require that the EPA publish an Emission Guideline (EG) to regulate the
same pollutants from existing facilities. While the NSPS are directly
applicable to new sources, an EG for an existing source (designated
facility) is intended for States to use to develop a State plan to
submit to the EPA. Section 111 of the CAA and 40 CFR 60.27(c) and (d)
require the EPA to develop, implement, and enforce a Federal plan for
designated facilities located in any State or Indian country that does
not have an approved State plan under CAA section 111 that implements
the EG. These Federal plans are published in 40 CFR part 62 Approval
and Promulgation of State Plans for Designated Facilities and
Pollutants.
A State, or local clean air agency in this case, may then meet its
CAA section 111(d) obligations by submitting a formal written request
for delegation of authority to implement and enforce the Federal plans.
On August 11, 2021, SWCAA requested delegation of authority to
implement and enforce the following Federal plans in 40 CFR part 62:
<bullet> Subpart HHH: Federal Plan Requirements for Hospital/
Medical/Infectious Waste Incinerators Constructed on or Before December
1, 2008, in lieu of the requirement to submit a State plan pursuant to
40 CFR part 60, subpart Ce: Emission Guidelines and Compliance Times
for Hospital/Medical/Infectious Waste Incinerators (HMIWI);
<bullet> Subpart III: Federal Plan Requirements for Commercial and
Industrial Solid Waste Incineration Units that Commenced Construction
on or before November 30, 1999, in lieu of the requirement to submit a
State plan pursuant to 40 CFR part 60, subpart DDDD: Emissions
Guidelines and Compliance Times for Commercial and Industrial Solid
Waste Incineration Units (CISWI);
<bullet> Subpart JJJ: Federal Plan Requirements for Small Municipal
Solid Waste Combustion Units Constructed on or before August 30, 1999,
in lieu of the requirement to submit a State plan pursuant to 40 CFR,
part 60, subpart BBBB: Emission Guidelines and Compliance Times for
Small Municipal Solid Waste Combustion Units Constructed on or before
August 30, 1999 (SMWC);
<bullet> Subpart LLL: Federal Plan for Sewage Sludge Incineration
Units Constructed on or before October 14, 2010, in lieu of the
requirement to submit a State plan pursuant to 40 CFR part 60, subpart
MMMM: Emission Guidelines and Compliance Times for Existing Sewage
Sludge Incineration Units (SSI).
The criteria for delegation for each Federal plan varies by
subpart.\1\ However, as a general matter, the framework for the EPA to
transfer
[[Page 13975]]
implementation and enforcement authority requires the State or local
agency to request delegation through a letter that:
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\1\ The criteria for delegation of the Federal plan for HMIWI
are found in the Federal plan for HMIWI at 40 CFR 62.14401(a). The
criteria for delegation of the Federal plan for CISWI are found in
the emission guidelines for CISWI at 40 CFR 60.2541(a). The criteria
for delegation of the Federal plan for SMWC are found in the Federal
Register publication for the final rule, 68 FR 5144, January 31,
2003, at page 5149. The criteria for delegation of the Federal plan
for SSI are found in the emission guidelines for SSI at 40 CFR
60.5045(a) and repeated in the Federal plan for SSI at 40 CFR
62.15865(a).
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<bullet> Demonstrates the State or local agency has adequate
resources, as well as the legal authority, to administer and enforce
the program;
<bullet> Includes an inventory of designated facilities and an
inventory of the designated units' air emissions;
<bullet> Certifies a public hearing was held on the State or local
agency delegation request; and
<bullet> A commitment to enter into an MOA between the State or
local agency and the EPA that sets forth the terms and conditions of
the delegation, the effective date of the agreement, and the mechanism
to transfer authority.
Upon signature of the agreement, the approved document will be
published in the Federal Register, thereby incorporating the delegation
of authority into the appropriate subpart of 40 CFR part 62.
II. Memorandum of Agreement Contents and the EPA Analysis
The EPA has evaluated SWCAA's Federal plan delegation request
submittal package to determine whether the package meets the applicable
requirements. The EPA's detailed rationale and discussion on the
submittal package can be found in the Technical Support Document (TSD),
located in the docket for this action. The applicable provisions and
the EPA's analysis are briefly summarized as follows:
<bullet> SWCAA demonstrated adequate resources and legal authority
to administer Federal plans. SWCAA is the operating permitting
authority and the new source review permitting authority in non-Tribal
land \2\ in Clark, Cowlitz, Lewis, Skamania, and Wahkiakum counties \3\
and has the authority to implement and enforce delegated standards in
40 CFR parts 60, 61, and 63. SWCAA provided a statement that referenced
a letter from legal counsel submitted as part of their initial request
for delegation of National Emission Standards for Hazardous Air
Pollutants identifying statutes in the Revised Code of Washington
giving SWCAA the authority to promulgate rules and regulations; carry
out the Federal plan; adopt emission limits and compliance schedules;
enforce applicable laws, regulations standards and compliance
schedules; obtain information to determine compliance; and require the
installation of control equipment.
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\2\ Our approval excludes Indian country as defined in 18 U.S.C.
1151. Under this definition, the EPA treats as reservations trust
lands validly set aside for the use of a Tribe even if the trust
lands have not been formally designated as a reservation.
\3\ Under State law SWCAA's jurisdiction excludes facilities
subject to Energy Facilities Site Evaluation Council (EFSEC)
jurisdiction; facilities subject to the Washington Department of
Ecology's direct jurisdiction under Chapters 173-405, 173-410, and
173-415 Washington Administrative Code (WAC); and the Prevention of
Significant Deterioration (PSD) permitting of facilities subject to
the applicability sections of WAC 173-400-700.
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<bullet> SWCAA provided an inventory of SSI units subject to the
SSI Federal plan and the results of recent emissions tests. SWCAA
attested that they were not aware of any existing units subject to the
other Federal plans for which they requested delegation.
<bullet> SWCAA provided a hearings officer report showing that they
held a public comment period lasting from April 8-June 23, 2021, ending
with a public hearing on June 23, 2021. No member of the public
attended the hearing. One comment letter was received from the
Vancouver Westside Water Treatment Plant, which operates a unit subject
to the Federal plan for SSI. The comment was not adverse.
<bullet> SWCAA committed to enter an MOA to meet the requirements
for delegation of the Federal plans for HMIWI, CISWI, SMWC, and SSI
units.
The MOA was signed by the EPA Region 10 Regional Administrator on
March 27, 2023, the SWCAA Executive Director on March 28, 2023, and
became effective upon signature. The effective MOA applies to the
designated facilities within SWCAA's jurisdiction and is not
implemented and enforced on Indian land.
The EPA has evaluated SWCAA's submittal for consistency with the
CAA, EPA regulations, and EPA policy. The EPA determined that SWCAA has
met all the requirements of the EPA's guidance for obtaining the
delegation of authority to implement and enforce the Federal plan.
III. Good Cause Findings
Section 553(b)(B) of the Administrative Procedure Act, 5 U.S.C.
553(b)(B), provides that, when an agency for good cause finds that
public notice and comment procedures are impracticable, unnecessary, or
contrary to the public interest, the agency may issue a rule without
providing notice and an opportunity for public comment. The EPA has
determined that there is good cause for making this rule final without
prior proposal and opportunity for comment because such notice and
opportunity for comment is unnecessary.
The EPA conducted full notice and comment rulemaking in
promulgating the respective Federal plans (40 CFR part 62, subparts
HHH, III, JJJ, and LLL). The EPA has already approved the delegation of
authority to implement and enforce the Federal plans to SWCAA,
effective following the signature of both parties on the MOA. SWCAA
also held a public hearing and solicited public comment about the
request for delegation of authority, pursuant to the requirements in 40
CFR 60.23(d), 60.23(e), 60.2515(a)(6), 60.1515(a)(6), 62.14401(a)(3),
and 62.15865(a)(3). Notice and comment are ``unnecessary'' as this
final rule only takes the ministerial action of updating the regulatory
text in 40 CFR part 62 to reflect this transfer of authority. It does
not alter the universe of sources regulated under the Federal plan and
it does not change the regulatory requirements applicable to those
sources.
Section 553(d)(3) of the Administrative Procedures Act, 5 U.S.C.
553(d)(3), provides that the required publication of service of a
substantive rule shall be made not less than 30 days before its
effective date, except as otherwise provided by the agency for good
cause found and published with the rule. The EPA has determined that
there is good cause for this rule to become effective upon publication.
Delaying the effective date is unnecessary and contrary to the public
interest because the EPA has already approved the delegation of
authority to implement and enforce the Federal plans to SWCAA,
effective following the signature of both parties on the MOA. In
addition, this rule does not affect any of the substantive requirements
in the delegated Federal plans nor impact the compliance obligations of
any sources subject to the Federal plans.
IV. Final Action
The EPA is amending regulatory text at 40 CFR part 62, subpart WW--
Washington, to promulgate the approved delegation of authority through
the MOA to SWCAA for implementing and enforcing Federal plan
requirements under 40 CFR part 62, subparts HHH, III, JJJ, and LLL.
V. Statutory and Executive Order Reviews
Under the CAA, the Administrator has the authority to delegate the
authority to implement a CAA section 111(d) Federal plan that complies
with the provisions of the CAA and applicable Federal regulations. (40
CFR 60.27). In reviewing CAA section 111(d) delegation requests, the
EPA's role is to approve State choices, provided they meet the criteria
of the CAA and the EPA's implementing regulations.
[[Page 13976]]
Accordingly, this action merely codifies in the Code of Federal
Regulations the EPA's delegation of authority to implement the Federal
plans and does not impose additional requirements beyond those imposed
by the already applicable Federal plans.
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 approvals of 111(d) actions are exempt from
review under Executive Order 12866.
C. Paperwork Reduction Act
This rule does not impose an information collection burden under
the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501
et seq.).
D. Regulatory Flexibility Act
This action merely codifies in the approval of the transfer of
authority from EPA to SWCAA for the for HMIWI, CISWI, SMWC, and SSI
units Federal plans. Accordingly, the Administrator certifies that this
rule will not have a significant economic impact on a substantial
number of small entities under the Regulatory Flexibility Act (5 U.S.C.
601 et seq.).
E. Unfunded Mandates Reform Act (UMRA)
This action does not contain any unfunded mandate as described in
UMRA, 2 U.S.C. 1531-1538, and does not significantly or uniquely affect
small governments. This action does not impose additional requirements
beyond those imposed by the already-applicable Federal plan.
Accordingly, no additional costs to State, local, or Tribal
governments, or to the private sector, will result from this action.
F. Executive Order 13132: Federalism
This action does not have federalism implications. 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
Executive Order 13175 (65 FR 67249, November 9, 2000), requires the
EPA to develop an accountable process to ensure ``meaningful and timely
input by tribal officials in the development of regulatory policies
that have tribal implications.'' This rule does not have Tribal
implications, as specified in Executive Order 13175. It will not have
substantial direct effects on Tribal governments. Thus, Executive Order
13175 does not apply to this rule.
H. Executive Order 13045: Protection of Children From Environmental
Health and Safety Risks
This action is not subject to Executive Order 13045 because it is
not 3(f)(1) significant as defined in Executive Order 12866, and
because the EPA does not believe the environmental health or safety
risks addressed by this action present a disproportionate risk to
children.
I. Executive Order 13211: Actions That Significantly Affect Energy
Supply, Distribution, or Use
This action is not subject to Executive Order 13211 (66 FR 28355
(May 22, 2001)), because it is not a significant regulatory action
under Executive Order 12866.
J. National Technology Transfer Advancement Act
This rule does not involve technical standards and is therefore not
subject to the requirements of section 1(d) of the National Technology
Transfer and Advancement Act of 1995 (15 U.S.C. 272 note).
K. Congressional Review Act
This action is subject to the Congressional Review Act, and the EPA
will submit a rule report to each House of the Congress and to the
Comptroller General of the United States. This action is not a ``major
rule'' as defined by 5 U.S.C. 804(2).
L. Judicial Review
Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by May 26, 2026. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this rule for the purposes of judicial review nor does
it extend the time within which a petition for judicial review may be
filed, and shall not postpone the effectiveness of such rule or action.
This action may not be challenged later in proceedings to enforce its
requirements. See section 307(b)(2).
List of Subjects in 40 CFR Part 62
Environmental Protection, Administrative practice and procedure,
Air pollution control, Intergovernmental relations, Landfills,
Reporting and recordkeeping requirements, Waste treatment and disposal.
Dated: March 12, 2026.
Emma Pokon,
Regional Administrator, Region 10.
For the reasons set forth in the preamble, 40 CFR part 62 is
amended as follows:
PART 62--APPROVAL AND PROMULGATION OF STATE PLANS FOR DESIGNATED
FACILITIES AND POLLUTANTS
0
1. The authority citation for part 62 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart WW--Washington
0
2. Add an undesignated center heading and Sec. 62.11890 immediately
after Sec. 62.11882 to read as follows:
Emissions From Hospital, Medical, and Infectious Waste Incinerators
(HMIWI)--Section 111(d)/129 Federal Plan Delegations
Sec. 62.11890 Identification of plan-delegation of authority.
(a) Identification of plan--delegation of authority. On March 27,
2023, the EPA signed a Memorandum of Agreement (MOA) that defines
policies, responsibilities, and procedures pursuant to 40 CFR part 62,
subpart HHH (the ``Federal plan'') by which the Federal plan will be
administered by the Southwest Clean Air Agency (SWCAA) for designated
facilities under the agency's jurisdiction in Clark, Cowlitz, Lewis,
Skamania, and Wahkiakum Counties in the State of Washington, excluding
Indian Country as defined in 18 U.S.C. 1151.
(b) Identification of sources. The MOA and related Federal plan
apply to all affected hospital/medical/infectious waste incinerator
(HMIWI) units, defined in 40 CFR 62.14490 as any device that combusts
any amount of hospital waste and/or medical infectious waste, for which
construction commenced no later than December 1, 2008, or modification
commenced no later than April 6, 2010, unless the unit meets any of the
exemptions of 40 CFR 62.14400(b).
(c) Effective date of delegation. The delegation became fully
effective on March 28, 2023, upon the signature of both parties.
[[Page 13977]]
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3. Add an undesignated center heading and Sec. 62.11891 immediately
after the newly added Sec. 62.11890 to read as follows:
Emissions From Existing Commercial Industrial Solid Waste Incinerators
(CISWI) Units--Section 111(d)/129 Federal Plan Delegations
Sec. 62.11891 Identification of plan-delegation of authority.
(a) Identification of plan--delegation of authority. On March 27,
2023, the EPA signed a Memorandum of Agreement (MOA) that defines
policies, responsibilities, and procedures pursuant to 40 CFR part 62,
subpart III (the ``Federal plan'') by which the Federal plan will be
administered by the Southwest Clean Air Agency (SWCAA) for designated
facilities under the agency's jurisdiction in Clark, Cowlitz, Lewis,
Skamania, and Wahkiakum Counties in the State of Washington, excluding
Indian Country as defined in 18 U.S.C. 1151.
(b) Identification of sources. The MOA and related Federal plan
apply to all commercial and industrial solid waste incineration (CISWI)
units, as defined in 40 CFR 62.14840, for which construction commenced
on or before November 30, 1999, unless the unit is one of the 15 types
of units described in 40 CFR 62.14525 (a) through (o).
(c) Effective date of delegation. The delegation became fully
effective on March 28, 2023, upon the signature of both parties.
0
4. Add an undesignated center heading and Sec. 62.11892 immediately
after the newly added Sec. 62.11891 to read as follows:
Emissions From Existing Small Municipal Waste Combustion Units--Section
111(d)/129 Federal Plan Delegations
Sec. 62.11892 Identification of plan-delegation of authority.
(a) Identification of plan--delegation of authority. On March 27,
2023, the EPA signed a Memorandum of Agreement (MOA) that defines
policies, responsibilities, and procedures pursuant to 40 CFR part 62,
subpart JJJ (the ``Federal plan'') by which the Federal plan will be
administered by the Southwest Clean Air Agency (SWCAA) for designated
facilities under the agency's jurisdiction in Clark, Cowlitz, Lewis,
Skamania, and Wahkiakum Counties in the State of Washington, excluding
Indian Country as defined in 18 U.S.C. 1151.
(b) Identification of sources. The MOA and related Federal plan
apply to all municipal waste combustion units, as defined in 40 CFR
62.15410, that have the capacity to combust at least 35 tons per day
but no more than 250 tons per day of municipal solid waste or refuse-
derived fuel for which construction commenced on or before August 30,
1999. See 40 CFR 62.15010. A small municipal waste combustion (SMWC)
unit can be exempt from this subpart, if it meets any of the criteria
in 40 CFR 62.15020.
(c) Effective date of delegation. The delegation became fully
effective on March 28, 2023, upon the signature of both parties.
0
5. Add an undesignated center heading and Sec. 62.11893 immediately
after the newly added Sec. 62.11892 to read as follows:
Emissions From Existing Sewage Sludge Incineration Units--Section
111(d)/129 Federal Plan Delegations
Sec. 62.11893 Identification of plan-delegation of authority.
(a) Identification of plan--delegation of authority. On March 27,
2023, the EPA signed a Memorandum of Agreement (MOA) that defines
policies, responsibilities, and procedures pursuant to 40 CFR part 62,
subpart LLL (the ``Federal plan'') by which the Federal plan will be
administered by the Southwest Clean Air Agency (SWCAA) for designated
facilities under the agency's jurisdiction in Clark, Cowlitz, Lewis,
Skamania, and Wahkiakum Counties in the State of Washington, excluding
Indian Country as defined in 18 U.S.C. 1151.
(b) Identification of sources. The MOA and related Federal plan
apply to all sewage sludge incineration (SSI) units, as defined in 40
CFR 62.16045, that commenced construction on or before October 14,
2010. See 40 CFR 62.15855. Subpart LLL of this part does not apply to
units that are not located at wastewater treatment plants designed to
treat domestic sewage sludge. See 40 CFR 62.15860.
(c) Effective date of delegation. The delegation became fully
effective on March 28, 2023, upon the signature of both parties.
[FR Doc. 2026-05712 Filed 3-23-26; 8:45 am]
BILLING CODE 6560-50-P
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