Proposed Rule2026-18759
Approval and Promulgation of State Air Quality Plans for Designated Facilities and Pollutants; District of Columbia; Negative Declaration for Existing Other Solid Waste Incinerators
Primary source
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Published
September 14, 2026
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is proposing to approve the negative declaration submitted by the District of Columbia Department of Energy and Environment (DCDOEE) on May 21, 2026. The negative declaration submitted by DCDOEE certifies that there are no existing other solid waste incinerators (OSWI) subject to sections 111(d) and 129 of the Clean Air Act (CAA) within the jurisdiction of the District of Columbia (DC).
Full Text
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<title>Federal Register, Volume 91 Issue 176 (Monday, September 14, 2026)</title>
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[Federal Register Volume 91, Number 176 (Monday, September 14, 2026)]
[Proposed Rules]
[Pages 58054-58055]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-18759]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 62
[EPA-R03-OAR-2026-4522; FRL-13439-01-R3]
Approval and Promulgation of State Air Quality Plans for
Designated Facilities and Pollutants; District of Columbia; Negative
Declaration for Existing 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 declaration submitted by the District of Columbia
Department of Energy and Environment (DCDOEE) on May 21, 2026. The
negative declaration submitted by DCDOEE certifies that there are no
existing other solid waste incinerators (OSWI) subject to sections
111(d) and 129 of the Clean Air Act (CAA) within the jurisdiction of
the District of Columbia (DC).
DATES: Written comments must be received on or before October 14, 2026.
ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R03-
OAR-2026-4522 at <a href="http://Regulations.gov">Regulations.gov</a>, or via email to
<a href="/cdn-cgi/l/email-protection#e4b7919494888181caa393818a808b889d8aa4819485ca838b92"><span class="__cf_email__" data-cfemail="a4f7d1d4d4c8c1c18ae3d3c1cac0cbc8ddcae4c1d4c58ac3cbd2">[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, 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. 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 & 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#5b082f3a35302e353a2875102922282f3a371b3e2b3a753c342d"><span class="__cf_email__" data-cfemail="6f3c1b0e01041a010e1c41241d161c1b0e032f0a1f0e41080019">[email 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 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.
Section 129 of the CAA requires emission guidelines to be
promulgated for solid waste incineration units, including OSWI. Section
129 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
[[Page 58055]]
emission guidelines and compliance times.
The EPA prescribes a Federal plan if a State does not submit a
State-specific plan or if 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.
The Emissions 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 existing OSWI. The existing OSWI to which
the emission guidelines and compliance times apply is defined at 40 CFR
60.2992 and 60.3078. Existing air curtain incinerators that are subject
to this part are defined at 40 CFR 60.2994.
II. Summary of Action and EPA Analysis
DCDOEE submitted a negative declaration to the EPA on May 21, 2026,
certifying that there are no existing OSWI in its jurisdiction that are
subject to the requirements of 40 CFR part 60 subpart FFFF. 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-2026-4522.
III. Proposed Action
The EPA is proposing to amend 40 CFR part 62 to reflect EPA's
receipt of DCDOEE's negative declaration for OSWI. The negative
declaration satisfies the requirements of 40 CFR 60.23(b) and 62.06,
serving in lieu of a CAA section 111(d)/129 plan for existing OSWI. 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 acknowledge receipt, 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 declaration for 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 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 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, Intergovernmental relations, Reporting and
recordkeeping requirements.
Amy Van Blarcom-Lackey,
Regional Administrator, Region III.
[FR Doc. 2026-18759 Filed 9-11-26; 8:45 am]
BILLING CODE 6560-50-P
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