Approval and Promulgation of State Air Quality Plans for Designated Facilities and Pollutants; West Virginia; Negative Declarations for Existing Large Municipal Waste Combustors and Other Solid Waste Incinerators

Issuing agencies

Abstract

The Environmental Protection Agency (EPA) is proposing to approve the negative declarations submitted by the West Virginia Department of Environmental Protection (WVDEP) on July 13, 2026. The negative declarations submitted by WVDEP certify that there are no existing large municipal waste combustors (LMWC) or other solid waste incinerators (OSWI) subject to sections 111(d) and 129 of the Clean Air Act (CAA) within the jurisdiction of West Virginia.

Full Text

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<title>Federal Register, Volume 91 Issue 193 (Wednesday, October 7, 2026)</title>
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[Federal Register Volume 91, Number 193 (Wednesday, October 7, 2026)]
[Proposed Rules]
[Pages 64133-64135]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-20611]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 62

[EPA-R03-OAR-2026-6205; FRL-13584-01-R3]


Approval and Promulgation of State Air Quality Plans for 
Designated Facilities and Pollutants; West Virginia; Negative 
Declarations for Existing Large Municipal Waste Combustors and Other 
Solid Waste Incinerators

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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[[Page 64134]]

SUMMARY: The Environmental Protection Agency (EPA) is proposing to 
approve the negative declarations submitted by the West Virginia 
Department of Environmental Protection (WVDEP) on July 13, 2026. The 
negative declarations submitted by WVDEP certify that there are no 
existing large municipal waste combustors (LMWC) or other solid waste 
incinerators (OSWI) subject to sections 111(d) and 129 of the Clean Air 
Act (CAA) within the jurisdiction of West Virginia.

DATES: Written comments must be received on or before November 6, 2026.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R03-
OAR-2026-6205 at <a href="http://Regulations.gov">Regulations.gov</a>, or via email to <a href="/cdn-cgi/l/email-protection#48002d661127262f3c212926082d3829662f273e"><span class="__cf_email__" data-cfemail="430b266d1a2c2d24372a222d032633226d242c35">[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. 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#683b1c0906031d06091b46231a111b1c0904280d1809460f071e"><span class="__cf_email__" data-cfemail="722106131c19071c13015c39000b0106131e321702135c151d04">[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 United 
States Code (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 LMWC 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 EPA Analysis

    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 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.
    WVDEP submitted negative declarations to the EPA on July 13, 2026, 
certifying that there are no existing large municipal waste combustors 
or other solid waste incinerators in its jurisdiction that are subject 
to the requirements of 40 CFR part 60, subpart Cb and subpart FFFF, 
respectively. For additional background information on WVDEP's negative 
declaration, see the documents that are available at <a href="http://Regulations.gov">Regulations.gov</a>, 
Docket ID No. EPA-R03-OAR-2026-6205.

III. Proposed Action

    The EPA is proposing to amend 40 CFR part 62 to reflect EPA's 
receipt of WVDEP's negative declarations for LMWC 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 large municipal waste combustors and 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 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 WVDEP's negative 
declarations for LMWC 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 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

[[Page 64135]]

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, Waste treatment and disposal.

Amy Van Blarcom-Lackey,
Regional Administrator, Region III.
[FR Doc. 2026-20611 Filed 10-6-26; 8:45 am]
BILLING CODE 6560-50-P


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