Approval and Promulgation of State Air Quality Plans for Designated Facilities and Pollutants; City of Philadelphia; Negative Declarations for Existing Commercial and Industrial Solid Waste Incinerators, Large Municipal Waste Incinerators, Small Municipal Waste Incinerators, and Other Solid Waste Incinerators

Issuing agencies

Abstract

The Environmental Protection Agency (EPA) is proposing to approve the negative declarations submitted by the Philadelphia Air Management Services (AMS) on January 13, 2026. The negative declarations submitted by AMS certify that there are no existing commercial and industrial solid waste incinerators (CISWI), large municipal waste combustors (LMWC), small municipal waste combustors (SMWC), or other solid waste incinerators (OSWI) subject to the Clean Air Act (CAA) requirements within the jurisdiction of the City of Philadelphia.

Full Text

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<title>Federal Register, Volume 91 Issue 165 (Thursday, August 27, 2026)</title>
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[Federal Register Volume 91, Number 165 (Thursday, August 27, 2026)]
[Proposed Rules]
[Pages 55315-55317]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-17488]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 62

[EPA-R03-OAR-2026-2377; FRL-13383-01-R3]


Approval and Promulgation of State Air Quality Plans for 
Designated Facilities and Pollutants; City of Philadelphia; Negative 
Declarations for Existing Commercial and Industrial Solid Waste 
Incinerators, Large Municipal Waste Incinerators, Small Municipal Waste 
Incinerators, and Other Solid Waste Incinerators

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve the negative declarations submitted by the Philadelphia Air 
Management Services (AMS) on January 13, 2026. The negative 
declarations submitted by AMS certify that there are no existing 
commercial and industrial solid waste incinerators (CISWI), large 
municipal waste combustors (LMWC), small municipal waste combustors 
(SMWC), or other solid waste incinerators (OSWI) subject to the Clean 
Air Act (CAA) requirements within the jurisdiction of the City of 
Philadelphia.

DATES: Written comments must be received on or before September 28, 
2026.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R03-
OAR-2026-2377 at <a href="http://Regulations.gov">Regulations.gov</a>, or via email to 
<a href="/cdn-cgi/l/email-protection#f6a58386869a9393d8b181939892999a8f98b6938697d8919980"><span class="__cf_email__" data-cfemail="5b082e2b2b373e3e751c2c3e353f343722351b3e2b3a753c342d">[email&#160;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, 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.

[[Page 55316]]

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 & 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#16456277787d63787765385d646f6562777a5673667738717960"><span class="__cf_email__" data-cfemail="2b785f4a45405e454a5805605952585f4a476b4e5b4a054c445d">[email&#160;protected]</span></a>.

SUPPLEMENTARY INFORMATION:

I. Background

    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 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.
    Section 129 of the CAA requires emission guidelines to be 
promulgated for solid waste incineration units, including CISWI, LMWC, 
SMWC, and OSWI. 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 Emissions Guidelines for Commercial and Industrial Solid Waste 
Incinerators, as codified at 40 CFR part 60 subpart DDDD (subpart DDDD) 
apply to States with one or more CISWI or air curtain incinerators 
(ACIs). The terms CISWI and ACI are defined at 40 CFR 60.2875. CISWI 
and ACI units addressed by this subpart include those specified by the 
dates listed at 40 CFR 60.2550(a)(1).
    The Emissions Guidelines and Compliance Times for Large Municipal 
Waste Combustors That are Constructed on or Before September 20, 1994, 
as codified at 40 CFR part 60 subpart Cb (subpart Cb) apply to States 
with designated LMWCs. An LMWC is defined at 40 CFR 60.32b(a). The 
designated facilities to which the emission guidelines and compliance 
times apply are existing LMWC units for which construction was 
commenced on or before September 20, 1994.
    The Emission Guidelines and Compliance Times for Small Municipal 
Waste Combustion Units Constructed on or Before August 30, 1999, as 
codified at 40 CFR part 60 subpart BBBB (subpart BBBB) apply to States 
with designated SMWCs. An affected SMWC meets the conditions at 40 CFR 
60.1550(a). The designated facilities to which the emission guidelines 
and compliance times apply are existing SMWC units for which 
construction was commenced on or before August 30, 1999.
    The Emission Guidelines and Compliance Times for Other Solid Waste 
Incineration Units, as codified at 40 CFR part 60 subpart FFFF (subpart 
FFFF) apply to States with an existing OSWI as defined at 40 CFR 
60.2992. OSWIs addressed by this subpart include those specified by the 
dates listed under 40 CFR 60.2992.
    AMS submitted negative declarations to the EPA on January 13, 2026, 
certifying that there are no existing commercial and industrial solid 
waste incinerators, large municipal waste combustors, small municipal 
waste combustors, or other solid waste incinerators in its jurisdiction 
that are subject to the requirements of 40 CFR part 60 subpart DDDD, 
subpart Cb, subpart BBBB, and subpart FFFF, respectively. For 
additional background information on AMS's negative declaration, see 
the documents that are available at <a href="http://Regulations.gov">Regulations.gov</a>, Docket ID No. EPA-
R03-OAR-2026-2377.

III. Proposed Action

    The EPA is proposing to amend 40 CFR part 62 to reflect the EPA's 
receipt of AMS's negative declarations for CISWI, LMWC, SMWC, and OSWI. 
The negative declarations satisfy the requirements of 40 CFR 60.23(b), 
60.23a(b), and 62.06, serving in lieu of a CAA section 111(d)/129 plan 
for existing commercial and industrial solid waste incinerators, large 
municipal waste combustors, small municipal waste combustors, or other 
solid waste incinerators. The EPA is soliciting public comments on the 
issues discussed in this document. These comments will be considered 
before taking final action.

IV. Statutory and Executive Order Reviews

    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 AMS's negative declarations for CISWI, LMWC, SMWC, and OSWI 
and does not impose additional requirements. For that reason, the EPA 
concludes the following:

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 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.).

[[Page 55317]]

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 rulemaking 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.

List of Subjects in 40 CFR Part 62

    Environmental protection, Administrative practice and procedure, 
Air pollution control, Carbon monoxide, Intergovernmental relations, 
Lead, Nitrogen dioxide, Particulate matter, Reporting and recordkeeping 
requirements, Sulfur oxides, Waste treatment and disposal.

Amy Van Blarcom-Lackey,
Regional Administrator, Region III.
[FR Doc. 2026-17488 Filed 8-26-26; 8:45 am]
BILLING CODE 6560-50-P


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