Rule2026-10739
Approval and Promulgation of State Air Quality Plans (Negative Declarations) for Designated Facilities and Pollutants; District of Columbia
Primary source
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Published
May 29, 2026
Effective
June 29, 2026
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is providing notice of and is codifying approval of negative declarations submitted by the District of Columbia Department of Energy and Environment (DCDOEE) on July 19, 2024 and August 28, 2024. The negative declarations submitted by the DCDOEE certify that there are no existing large municipal waste combustors (LMWC), crude oil and natural gas facilities (ONG), or electric utility generating units (EGU) subject to sections 111(d) and 129 of the Clean Air Act (CAA) within the jurisdiction of the District of Columbia.
Full Text
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<title>Federal Register, Volume 91 Issue 103 (Friday, May 29, 2026)</title>
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[Federal Register Volume 91, Number 103 (Friday, May 29, 2026)]
[Rules and Regulations]
[Pages 31947-31950]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-10739]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 62
[EPA-R03-OAR-2025-1746; FRL-13006-02-R3]
Approval and Promulgation of State Air Quality Plans (Negative
Declarations) for Designated Facilities and Pollutants; District of
Columbia
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is providing notice
of and is codifying approval of negative declarations submitted by the
District of Columbia Department of Energy and Environment (DCDOEE) on
July 19, 2024 and August 28, 2024. The negative declarations submitted
by the DCDOEE certify that there are no existing large municipal waste
combustors (LMWC), crude oil and natural gas facilities (ONG), or
electric utility generating units (EGU) subject to sections 111(d) and
129 of the Clean Air Act (CAA) within the jurisdiction of the District
of Columbia.
DATES: This final rule is effective on June 29, 2026.
ADDRESSES: The EPA has established a docket for this action under
Docket ID Number EPA-R03-OAR-2025-1746. All documents in the docket are
listed on the <a href="http://Regulations.gov">Regulations.gov</a> website. Some information is not publicly
available, e.g., confidential business information (CBI) 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 through <a href="http://Regulations.gov">Regulations.gov</a>, or
please contact the person identified in the FOR FURTHER INFORMATION
CONTACT section for additionally available information.
FOR FURTHER INFORMATION CONTACT: Krystal Stankunas, Permits Branch
(3AP10), Air & Radiation Division, U.S. Environmental Protection
Agency, Region III, 1600 John F Kennedy Boulevard, Philadelphia,
Pennsylvania 19103. The telephone number is (215) 814-5271. Ms.
Stankunas can also be reached via electronic mail at
<a href="/cdn-cgi/l/email-protection#fba88f9a95908e959a88d5908982888f9a97bb9e8b9ad59c948d"><span class="__cf_email__" data-cfemail="104364717e7b657e71633e7b62696364717c507560713e777f66">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Background
On November 20, 2025, 90 FR 52313, the EPA published a notice of
proposed rulemaking (NPRM). In the NPRM, EPA proposed approval of the
negative declarations submitted by District of Columbia Department of
Energy and Environment (DCDOEE). The negative declarations certify that
there are no existing large municipal waste combustors (LMWC), crude
oil and natural gas facilities (ONG), or electric utility generating
units (EGU) subject to sections 111(d) and 129 of the CAA within the
jurisdiction of the District of Columbia.
The CAA requires State regulatory agencies to implement emission
guidelines and associated compliance times using a State plan developed
under sections 111(d) and 129 of the CAA. Section 111(d) of the CAA
establishes standards of performance for certain existing sources. Air
pollutants included under this section are those which have not already
been established as air quality criteria pollutants via 42 U.S.C.
7408(a) or hazardous air pollutants via 42 U.S.C. 7412. Section
111(d)(1) of the CAA requires States to submit to the EPA for approval
a plan that establishes standards of performance. The plan must provide
that the State will implement and enforce the standards of performance.
[[Page 31948]]
Section 129 of the CAA requires emission guidelines to be
promulgated for solid waste incineration units, including LMWCs.
Section 129 of the CAA mandates that all plan requirements be at least
as protective as the promulgated emission guidelines, including fixed
final compliance dates, fixed compliance schedules, and title V
permitting requirements for all affected sources. Section 129 of the
CAA also requires the States to submit plans to the EPA within one year
after promulgation of the emission guidelines and compliance times.
The EPA prescribes a Federal plan if a State does not submit a
State-specific plan or the submitted plan is disapproved. If a State
has no designated facilities for a standards of performance source
category, it may submit a negative declaration in lieu of a State plan
for that source category in accordance with 40 Code of Federal
Regulations (CFR) 60.23(b), 60.23a(b) and 62.06.
II. Summary of Action and the EPA Analysis
The DCDOEE submitted negative declarations to the EPA on July 19,
2024, and August 28, 2024, certifying that there are no existing large
municipal waste combustors, crude oil and natural gas facilities, or
electric utility generating units in its jurisdiction that are subject
to the requirements of 40 CFR part 60 subpart Cb, subpart OOOOc, and
subpart UUUUb, respectively. For additional background information on
DCDOEE's negative declaration, see the documents that are available at
<a href="http://Regulations.gov">Regulations.gov</a>, Docket ID No. EPA-R03-OAR-2025-1746.
III. EPA's Response to Comments Received
The EPA received one set of comments on the November 20, 2025,
NPRM. See 90 FR 52312. A summary of the comments and the EPA's
responses are included in this section. A copy of the set of comments
can be found in the docket for the rulemaking action.
Comment 1: The comment suggested that the EPA invoked the ``good
cause'' exception under 5 U.S.C. 553(b)(B) to forgo notice and comment
and publish this action as a direct final rule. The comment urged EPA
to withdraw its action, republish the action as a proposal, and provide
``the APA's ordinary process.''
Response 1: The EPA disagrees with this comment. This action was
published as a notice of proposed rulemaking, 90 FR 52312, November 20,
2025, and did not include or otherwise mention the ``good cause''
exception under 5 U.S.C. 553(b)(B). The comment period for this NPRM
was open from November 20, 2025 to December 22, 2025, as stated in the
DATES section of the NPRM. The EPA is now finalizing that proposed
rulemaking.
Comment 2: The comment stated that the record for this action is
incomplete and that EPA did not ``provide a reasoned basis for
approving each negative declaration.'' The comment further asserted
that the docket for this action should include: DCDOEE's signed
negative declaration letters, with dates and specific identification of
the relevant emission guidelines; the inventory or survey EPA used to
conclude that no designated facilities exist within DCDOEE's
jurisdiction; a clarification of applicability determinations; and any
``data checks against national datasets.'' The comment requests that
EPA supplement the docket with the complete State submissions and
corroborating review materials.
Response 2: The EPA disagrees that the record for this action is
incomplete. The EPA included DCDOEE's dated negative declaration
letters in the docket for this action, EPA-R03-OAR-2025-1746. The NPRM
for this action detailed the relevant emissions guidelines
corresponding to each negative declaration submitted by DCDOEE: (1) 40
CFR part 60, subpart OOOOc for Existing Crude Oil and Natural Gas
Facilities; (2) 40 CFR part 60, subpart UUUUb for Electric Utility
Generating Units; and (3) 40 CFR part 60, subpart Cb for Large
Municipal Waste Combustors That are Constructed on or Before September
20, 1994. There were no applicability determinations submitted by
DCDOEE in its negative declaration letters, nor did the EPA receive any
other requests for an applicability determination related to this
matter.\1\ The regulations at 40 CFR part 60, subpart B (Subpart B),
contain general provisions applicable to the adoption and submittal of
State plans for controlling designated pollutants. Additionally, 40 CFR
part 62, subpart A, provides the procedural framework by which the EPA
will approve or disapprove such plans submitted by a State. However, 40
CFR 60.23(b) and 62.06 provide that if there are no existing sources of
the designated pollutant in the state, the State may submit a letter of
certification to that effect (i.e., a negative declaration) in lieu of
a plan. The negative declaration exempts the State from the
requirements of subpart B that require the submittal of a CAA section
111(d)/129 plan. Accordingly, the EPA did not utilize any additional
surveys, inventories, or national dataset checks to verify DCDOEE's
assertion that there are no affected or designated facilities in its
jurisdiction.
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\1\ The EPA's applicability determinations are publicly
available. Determinations submitted prior to May 2019 may be found
at <a href="https://cfpub.epa.gov/adi/">https://cfpub.epa.gov/adi/</a>, and those submitted after May 2019
may be found at <a href="https://www.epa.gov/complying-air-emissions-standards-stationary-sources/epa-determinations-compliance-and">https://www.epa.gov/complying-air-emissions-standards-stationary-sources/epa-determinations-compliance-and</a>.
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Comment 3: The comment stated that EPA must either prepare an
Initial Regulatory Flexibility Analysis (RFA) or certify that the rule
will have no significant economic impact on a substantial number of
small entities and provide a ``statement providing the factual basis
for such certification.'' The comment also stated that EPA should
explain which categories of small entities it considered in its
determination, and why ``codifying negative declarations has no
foreseeable economic impacts.''
Response 3: The EPA is certifying that this action will not have a
significant economic impact on a substantial number of small entities.
See 90 FR 52312, November 20, 2025. Because the EPA has certified that
this action will not have a significant economic impact, Sections 603
and 604 of the RFA do not apply. 5 U.S.C. 605(b). The EPA provided
DCDOEE's negative declaration letters in the docket for this action,
EPA-R03-OAE-2025-1746. These letters certify that no affected
facilities are located within DCDOEE's jurisdiction. If such facilities
were found to be within DCDOEE's jurisdiction, they would be subject to
the applicable rules and requirements. Codifying a negative declaration
merely memorializes the EPA's receipt of a negative declaration letter.
Comment 4: The comment requested that EPA clarify the applicability
of the Paperwork Reduction Act, UMRA, and Executive Order 12866. The
comment requests that EPA also clarify whether any ongoing inventory or
verification activities are assumed at the State or local level as a
condition of maintaining an accurate negative declaration and confirm
that no reporting or recordkeeping is required by this approval. The
comment also states, ``If EPA concluded UMRA does not apply because the
action does not impose enforceable duties or costs of $100 million or
more, it should expressly state that determination and its rationale
under 2 U.S.C. 1532.'' The comment also requests, in relation to
Executive Order 12866, that ``EPA should, at minimum, identify whether
OIRA was
[[Page 31949]]
consulted and confirm that no significance criterion is triggered.''
Response 4: Section 129 of the CAA 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 to
control certain pollutants. State regulatory agencies implement the
emission guidelines and compliance times using a State plan developed
under sections 111(d) and 129 of the CAA. Section 111(d) of the CAA
establishes general requirements and procedures on State plan
submittals for the control of designated pollutants. 40 CFR part 60,
subparts B and Ba set 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. 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. A State may submit a negative declaration in lieu of a
State plan if there are no sources in the State subject to the
promulgated rule. Because emissions guidelines set the standards for
existing sources, once a State has determined that there are no
existing sources, the only way for there to be existing sources is if
they are unknown to the State. In such cases, these discovered sources
will be subject to the Federal plan until the State submits an
approvable State plan.
While DCDOEE may maintain inventories for emission sources subject
to these rules, the approval of this negative declaration does not
impose any additional reporting or recordkeeping requirements. The
Paperwork Reduction Act (PRA) does not apply because this action does
not involve an information collection burden as defined by the PRA.
With regard to UMRA, UMRA does not apply because this action does
not impose any enforceable duties or costs greater than $100 million.
With regard to Executive Order 12866, the EPA has determined that
this rule is not a significant regulatory action as defined in
Executive Order 12866. It was therefore not submitted to the Office of
Management and Budget (OMB) for review.
IV. Final Action
In this action, the EPA is approving the negative declarations
submitted by DCDOEE in lieu of its CAA (129)/111(d) State plans for the
LMWC, ONG, and EGU Emission Guidelines to satisfy the requirements of
40 CFR 60.23(b), 60.23a(b), and 62.06. The Code of Federal Regulations
is being amended at 40 CFR part 62 subpart J to reflect this approval.
V. Statutory and Executive Order Reviews
1. General Requirements
Under the CAA, the EPA has the authority to approve a 129/111(d)
negative declaration in lieu of a State plan that complies with the
provisions of the CAA and applicable Federal regulations. See 40 CFR
62.06. In reviewing CAA section 129/111(d) negative declaration
letters, EPA's role is to approve State choices, provided that they
meet the criteria of the CAA and of EPA's implementing regulations.
Accordingly, this action merely notifies the public of the EPA's
receipt of DCDOEE's negative declarations for large municipal waste
combustors, crude oil and natural gas facilities, and electric utility
generating units and does not impose additional requirements. For that
reason, this action:
A. Executive Order 12866: Regulatory Planning and Review and Executive
Order 13563: Improving Regulation and Regulatory 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 expected to be an Executive Order 14192
regulatory action 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 PRA (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.).
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 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 13045: Protection of Children From Environmental
Health Risks and Safety Risks
Executive Order 13045 directs Federal agencies to include an
evaluation of the health and safety effects of the planned regulation
on children in Federal health and safety standards and explain why the
regulation is preferable to potentially effective and reasonably
feasible alternatives. This action is not subject to Executive Order
13045 because it is not a significant regulatory action under section
3(f)(1) of 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.
H. Executive Order 13211: Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution or Use
This action is not subject to Executive Order 13211, because it is
not a significant regulatory action under Executive Order 12866.
I. National Technology Transfer and Advancement Act (NTTAA)
This action does not involve technical standards. This action is
not subject to the requirements of section 12(d) of the National
Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note)
because application of those requirements would be inconsistent with
the Clean Air Act.
J. 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.
2. Submission to Congress and the Comptroller General
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small
[[Page 31950]]
Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. The EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
3. Petitions for 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 28, 2026. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action 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 CAA section 307(b)(2)).
List of Subjects in 40 CFR Part 62
Environmental protection, Administrative practice and procedure,
Air pollution control, Intergovernmental relations, Reporting and
recordkeeping requirements, Waste treatment and disposal.
Amy Van Blarcom-Lackey,
Regional Administrator, Region III.
For the reasons set forth in the preamble, EPA amends 40 CFR part
62 as follows:
PART 62--APPROVAL AND PROMULGATION OF STATE PLANS FOR DESIGNATED
FACILITIES AND POLLUTANTS
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1. The authority citation for part 62 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart J--District of Columbia
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2. Revise Sec. 62.2130 to read as follows:
Sec. 62.2130 Identification of plan--negative declaration.
(a) Letter from the Department of Consumer and Regulatory Affairs
submitted July 6, 1992 certifying that there are no existing municipal
waste combustor units in the District of Columbia that are subject to
part 60, subpart Cb, of this chapter.
(b) Letter from the District of Columbia, Department of Energy and
Environment, submitted July 19, 2024 certifying that there are no
existing large municipal waste combustors in the District of Columbia
that are subject to part 60, subpart Cb of this chapter.
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3. Add an undesignated center heading and Sec. 62.2165 immediately
after Sec. 62.2160 to read as follows:
Emissions From Existing Crude Oil and Natural Gas Facilities
Sec. 62.2165 Identification of plan--negative declaration.
Letter from the District of Columbia, Department of Energy and
Environment, submitted August 28, 2024 certifying that there are no
existing crude oil and natural gas facilities in the District of
Columbia that are subject to part 60, subpart OOOOc of this chapter.
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4. Add an undesignated center heading and Sec. 62.2170 immediately
after the newly added Sec. 62.2165 to read as follows:
Emissions From Existing Electric Utility Generating Units
Sec. 62.2170 Identification of plan--negative declaration.
Letter from the District of Columbia, Department of Energy and
Environment, submitted August 28, 2024 certifying that there are no
existing electric utility generating units in the District of Columbia
that are subject to part 60, subpart UUUUb of this chapter.
[FR Doc. 2026-10739 Filed 5-28-26; 8:45 am]
BILLING CODE 6560-50-P
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