Rule2026-09615
Approval and Promulgation of Delegation of Authority for Designated Facilities and Pollutants; Washington; Northwest Clean Air Agency
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
May 14, 2026
Effective
May 14, 2026
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is approving delegation of authority to the Northwest Clean Air Agency (NWCAA) for implementing and enforcing the Federal plan requirements for sewage sludge incineration (SSI) units. The Federal plan addresses the implementation and enforcement of emission limits and other control requirements for designated air pollutants. On December 11, 2018, the EPA Region 10 Regional Administrator and the Executive Director of NWCAA signed a Memorandum of Agreement (MOA) concerning delegation of authority of the Federal plan to NWCAA, which became effective upon signature. The geographic area covered by this MOA comprises Island, Skagit, and Whatcom Counties 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 93 (Thursday, May 14, 2026)</title>
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[Federal Register Volume 91, Number 93 (Thursday, May 14, 2026)]
[Rules and Regulations]
[Pages 27219-27222]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-09615]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 62
[EPA-R10-OAR-2026-0694; FRL-13223-01-R10]
Approval and Promulgation of Delegation of Authority for
Designated Facilities and Pollutants; Washington; Northwest 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 Northwest Clean Air Agency (NWCAA) for
implementing and enforcing the Federal plan requirements for sewage
sludge incineration (SSI) units. The Federal plan addresses the
implementation and enforcement of emission limits and other control
requirements for designated air pollutants. On December 11, 2018, the
EPA Region 10 Regional Administrator and the Executive Director of
NWCAA signed a Memorandum of Agreement (MOA) concerning delegation of
authority of the Federal plan to NWCAA, which became effective upon
signature. The geographic area covered by this MOA comprises Island,
Skagit, and Whatcom Counties 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 May 14, 2026.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R10-OAR-2026-0694. 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#2e465b405a00444b48486e4b5e4f00494158"><span class="__cf_email__" data-cfemail="86eef3e8f2a8ece3e0e0c6e3f6e7a8e1e9f0">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: Throughout this document whenever ``we,''
``us,'' or ``our'' is used, we mean ``the EPA.''
I. Background
Section 129 of the CAA, titled, ``Solid Waste Combustion,''
requires the EPA to develop and adopt standards for solid waste
incineration units pursuant to CAA section 111. 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
[[Page 27220]]
Performance Standards (NSPS). Section 111(b) 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) addresses
the process by which the EPA and States regulate standards of
performance for existing sources belonging to those categories
established in section 111(b). When the NSPS are promulgated for new
sources, section 111(d) of this CAA 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. CAA section 111 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 July 26, 2017, NWCAA requested delegation of authority to implement
and enforce the following Federal plan in 40 CFR part 62:
<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.
The criteria for delegation of the Federal plan for SSI units are
found in the emission guidelines for SSI units at 40 CFR 60.5045(a) and
repeated in the Federal plan for SSI units at 40 CFR 62.15865(a). The
framework for the EPA to transfer implementation and enforcement
authority requires the State or local agency to request delegation
through a letter that:
<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 NWCAA's Federal plan delegation request
submittal to determine whether the package meets the applicable
requirements. The EPA's detailed rationale and discussion on the
submittal 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> NWCAA demonstrated adequate resources and legal authority
to administer Federal plans. NWCAA is the operating permitting
authority and the new source review permitting authority in non-Tribal
land \1\ in Island, Skagit, and Whatcom counties \2\ and has the
authority to implement and enforce delegated standards in 40 CFR parts
60, 61, and 63. NWCAA provided a letter from legal counsel identifying
statutes in the Revised Code of Washington giving NWCAA 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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\1\ 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.
\2\ Under State law NWCAA'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> NWCAA provided an inventory of SSI units subject to the
SSI Federal plan and the results of recent emissions tests.
<bullet> NWCAA held a public comment period lasting from June 7 to
July 14, 2017, ending with a public hearing on July 13, 2017. No member
of the public attended the hearing and NWCAA received no comments
during the public comment period.
<bullet> NWCAA committed to enter an MOA to meet the requirements
for delegation of the Federal plan for SSI units.
The MOA was signed by the EPA Region 10 Regional Administrator and
the NWCAA Executive Director on December 11, 2018, and became effective
upon signature. The effective MOA applies to the designated facilities
within NWCAA's jurisdiction and is not implemented and enforced on
Indian land.
The EPA has evaluated NWCAA's submittal for consistency with the
CAA, EPA regulations, and EPA policy. The EPA determined that NWCAA 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 Federal plan (40 CFR part 62, subpart LLL). The EPA
has already approved the delegation of authority to implement and
enforce the Federal plan to NWCAA, effective following the signature of
both parties on the MOA. NWCAA 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), 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
[[Page 27221]]
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 plan to NWCAA, effective following
the signature of both parties on the MOA. In addition, this rulemaking
does not affect any of the substantive requirements in the delegated
Federal plan 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 NWCAA for implementing and enforcing Federal plan
requirements under 40 CFR part 62, subpart 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. Accordingly, this
action merely codifies in the Code of Federal Regulations the EPA's
delegation of authority to implement the Federal plan and does not
impose additional requirements beyond those imposed by the already
applicable Federal plan.
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 an Executive Order 14192 (90 FR 9065, February
6, 2025) regulatory action because this action is not significant 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 NWCAA for the SSI units Federal plan.
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 July 13, 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: May 5, 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.
[[Page 27222]]
Subpart WW--Washington
0
2. Revise Sec. 62.11893 to read as follows:
Sec. 62.11893 Identification of plan-delegation of authority.
(a) Northwest Clean Air Agency--(1) Identification of plan--
delegation of authority. On December 11, 2018, 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 Northwest
Clean Air Agency (NWCAA) for designated facilities under the agency's
jurisdiction in Island, Skagit, and Whatcom Counties in the State of
Washington, excluding Indian Country as defined in 18 U.S.C. 1151.
(2) Identification of sources. The MOA and related Federal plan
apply to all sewage sludge incineration (SSI) units, as defined in
Sec. 62.16045, that commenced construction on or before October 14,
2010. See Sec. 62.15855. Subpart LLL does not apply to units that are
not located at wastewater treatment plants designed to treat domestic
sewage sludge. See 40 CFR 62.15860.
(3) Effective date of delegation. The delegation became fully
effective on December 11, 2018, upon the signature of both parties.
(b) Southwest Clean Air Agency--(1) 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.
(2) Identification of sources. The MOA and related Federal plan
apply to all sewage sludge incineration (SSI) units, as defined in
Sec. 62.16045, that commenced construction on or before October 14,
2010. See Sec. 62.15855. Subpart LLL does not apply to units that are
not located at wastewater treatment plants designed to treat domestic
sewage sludge. See 40 CFR 62.15860.
(3) Effective date of delegation. The delegation became fully
effective on March 28, 2023, upon the signature of both parties.
[FR Doc. 2026-09615 Filed 5-13-26; 8:45 am]
BILLING CODE 6560-50-P
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