New Source Performance Standards and National Emission Standards for Hazardous Air Pollutants; Delegation of Authority to Northwest Clean Air Agency, Washington State

Issuing agencies

Abstract

The Northwest Clean Air Agency (NWCAA), located in Washington State, submitted updated regulations for receiving delegation and approval of its program for the implementation and enforcement of newly issued or revised New Source Performance Standards (NSPS) and National Emission Standards for Hazardous Air Pollutants (NESHAP), as provided for under previously approved delegation mechanisms. The updated regulations incorporate by reference certain NSPS and NESHAP promulgated by the Environmental Protection Agency (EPA) as they existed through October 18, 2023. The EPA is providing notice that it is proposing to update the delegation of certain NSPS and approve the delegation of certain NESHAP to NWCAA. The proposed delegation of authority under this action does not apply to sources located in Indian country.

Full Text

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<title>Federal Register, Volume 91 Issue 200 (Monday, October 19, 2026)</title>
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<body><pre>
[Federal Register Volume 91, Number 200 (Monday, October 19, 2026)]
[Proposed Rules]
[Pages 66058-66062]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-21383]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 60, 61, and 63

[EPA-R10-OAR-2026-4291, FRL-13409-01-R10]


New Source Performance Standards and National Emission Standards 
for Hazardous Air Pollutants; Delegation of Authority to Northwest 
Clean Air Agency, Washington State

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Northwest Clean Air Agency (NWCAA), located in Washington 
State, submitted updated regulations for receiving delegation and 
approval of its program for the implementation and enforcement of newly 
issued or revised New Source Performance Standards (NSPS) and National 
Emission Standards for Hazardous Air Pollutants (NESHAP), as provided 
for under previously approved delegation mechanisms. The updated 
regulations incorporate by reference certain NSPS and NESHAP 
promulgated by the Environmental Protection Agency (EPA) as they 
existed through October 18, 2023. The EPA is providing notice that it 
is proposing to update the delegation of certain NSPS and approve the 
delegation of certain NESHAP to NWCAA. The proposed delegation of 
authority under this action does not apply to sources located in Indian 
country.

DATES: Comments must be received on or before November 18, 2026.

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R10-
OAR-2026-4291, at <a href="https://www.regulations.gov">https://www.regulations.gov</a>. Follow the online 
instructions for submitting comments. Once submitted, comments cannot 
be edited or removed from <a href="https://www.regulations.gov">https://www.regulations.gov</a>. The EPA may 
publish any comment received to its public docket. Do not 
electronically submit any information you consider to be Confidential 
Business Information (CBI) or other information the disclosure of which 
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, the full EPA public comment policy, information 
about CBI or multimedia submissions, and general guidance on making 
effective comments, please visit <a href="https://www.epa.gov/dockets/commenting-epa-dockets">https://www.epa.gov/dockets/commenting-epa-dockets</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#08607d667c26626d6e6e486d7869266f677e"><span class="__cf_email__" data-cfemail="5d352833297337383b3b1d382d3c733a322b">[email&#160;protected]</span></a>.

SUPPLEMENTARY INFORMATION: Throughout this document, wherever ``we'' or 
``our'' is used, it means ``the EPA.'' We use multiple abbreviations 
and terms in this proposed rule. While this list may not be exhaustive, 
for ease of reading and for reference purposes, the EPA defines the 
following terms and acronyms here:

CAA--Clean Air Act
CBI--Confidential Business Information
CFR--Code of Federal Regulations
EPA--Environmental Protection Agency
FR--Federal Register
NESHAP--National Emission Standards for Hazardous Air Pollutants
NWCAA--Northwest Clean Air Agency

[[Page 66059]]

NSPS--New Source Performance Standards
NSR--New Source Review
RCW--Revised Code of Washington
SIP--State Implementation Plan
WAC--Washington Administrative Code
WCAA--Washington Clean Air Act

Table of Contents

I. Background
II. What does this action do?
III. What is the authority for delegation?
IV. What criteria must NWCAA's programs meet to be approved?
V. How did NWCAA meet the NSPS and NESHAP program approval criteria?
VI. What is being delegated?
VII. What is not being delegated?
VIII. What authority does the EPA have?
IX. What information must NWCAA provide to the EPA?
X. What is the EPA's oversight role?
XI. Should sources submit notices to the EPA or NWCAA?
XII. Where can I find information on which NSPS and NESHAP standards 
have been delegated in Region 10?
XIII. Proposed Action
XIV. Statutory and Executive Order Reviews

I. Background

    NWCAA is a local clean air agency authorized under the State of 
Washington's Clean Air Act (WCAA) to implement and enforce the new 
source review and operating permit programs for applicable sources 
within its jurisdiction of Island, Skagit and Whatcom counties.\1\ 
Specifically, the WCAA states, ``The Department of Ecology may accept 
delegation of programs as provided for in the Federal Clean Air Act. 
Subject to Federal approval, the department may, in turn, delegate such 
programs to the local authority with jurisdiction in a given area.'' 
\2\ On December 1, 1998, the EPA approved the Washington Department of 
Ecology's request for program approval and delegation of authority for 
three local agencies in Washington, including NWCAA, to implement and 
enforce locally-adopted hazardous air pollutant regulations which adopt 
by reference the Federal NESHAP contained within 40 CFR parts 61 and 
63, as these regulations apply to all sources (i.e., both 40 CFR part 
70 and non-part 70 sources).\3\
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    \1\ Excluding facilities subject to Energy Facilities Site 
Evaluation Council jurisdiction; facilities subject to the 
Washington Department of Ecology's direct jurisdiction under 
Chapters 173-405, 173-410, and 173-415 Washington Administrative 
Code; Indian reservations; any other area where the EPA or an Indian 
Tribe has demonstrated that a Tribe has jurisdiction and the 
Prevention of Significant Deterioration (PSD) permitting of 
facilities subject to the applicability sections of WAC 173-400-700.
    \2\ RCW 70A.15.6240.
    \3\ 63 FR 66054 (December 1, 1998).
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    Pursuant to the authority of section 112(1) of the CAA, at the time 
of delegation, the EPA also approved streamlined procedures for 
requesting and approving the delegation of new or updated NESHAP.\4\ 
Specifically, the streamlined approval process for updating a 
delegation is as follows: (1) the requesting agency sends a letter to 
the EPA asking for delegation of new and/or revised NESHAP that have 
been adopted unchanged into their regulations; (2) the EPA sends a 
letter of response granting this delegation request (or explaining why 
it cannot be granted); (3) the agency does not need to send a response 
back to the EPA; (4) if the EPA does not receive a negative response 
from the requesting agency within 10 days of the signature date of the 
EPA's letter, then the updated delegation becomes final 10 days after 
the date of EPA's letter.\5\ The streamlined approval process also 
requires that the EPA publish a notice of the delegation in the Federal 
Register on a periodic basis to inform the public that the delegation 
has taken place and to indicate where source notifications and reports 
should be sent.
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    \4\ 63 FR 66054 (December 1, 1998) at page 66057, and subsequent 
approvals: 64 FR 7793 (February 17, 1999), 65 FR 10391 (February 28, 
2000), and 67 FR 11417 (March 14, 2002).
    \5\ 67 FR 11417 (March 14, 2002).
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II. What does this action do?

    NSPS are pollution control standards issued by the EPA that set 
uniform national emission limits for new, modified, and reconstructed 
industrial facilities. Similarly, NESHAP are emission standards for 
toxic air pollutants from stationary sources. The EPA is updating the 
delegation of implementation and enforcement of certain NSPS to NWCAA. 
The EPA is also proposing to approve the delegation of implementation 
and enforcement of certain NESHAP to NWCAA. If finalized, the 
delegation will provide NWCAA with the primary responsibility to 
implement and enforce the delegated standards.

III. What is the authority for delegation?

    Section 111(c)(1) of the Clean Air Act (CAA) authorizes the EPA to 
delegate authority to any State which submits adequate regulatory 
procedures for implementation and enforcement of the NSPS program. 
Under the EPA-approved Washington SIP, new source review (NSR) 
permitting is further delegated to local clean air agencies, including 
NWCAA, for sources under local agency jurisdiction.\6\ The NSPS 
standards are codified at 40 CFR part 60.
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    \6\ 173-400-020 Washington Administrative Code, most recently 
approved by the EPA on October 3, 2014 (79 FR 59653).
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    Section 112(l) of the CAA, and 40 CFR part 63, subpart E, authorize 
the EPA to delegate authority to any State which submits adequate 
regulatory procedures for implementation and enforcement of emission 
standards for hazardous air pollutants. The EPA's final approval of 
Washington's Title V operating permits program included delegating the 
authority to implement certain NESHAP standards to local clean air 
agencies for sources under local clean air agency jurisdiction.\7\ The 
hazardous air pollutant standards are codified at 40 CFR parts 61 and 
63.
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    \7\ Interim approval (59 FR 55813, November 9, 1994) and final 
approval (66 FR 42439, August 13, 2001).
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IV. What criteria must NWCAA's programs meet to be approved?

    In order to receive delegation of an NSPS, a State or local agency 
must develop and submit to the EPA regulations for implementing and 
enforcing the NSPS, and the agency's resources must be adequate for the 
implementation and enforcement of the NSPS. The EPA most recently 
approved NWCAA's program for the delegation of NSPS in a letter dated 
January 7, 2025.\8\ The EPA reviewed the rules and regulations of NWCAA 
and determined NWCAA's procedures, regulations and resources are 
adequate for the implementation and enforcement of the NSPS program. 
This action notifies the public that EPA is updating NWCAA's delegation 
to implement and enforce certain additional NSPS.
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    \8\ 102_24-05094-R10--APTB_Response_ltr_NWCAA_NSPS_2023.pdf 
included in the docket for this action.
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    As to the NESHAP standards in 40 CFR parts 61 and 63, section 
112(l)(5) of the CAA requires the EPA to disapprove any program 
submitted by a State \9\ for the delegation of NESHAP standards if the 
EPA determines that:
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    \9\ Under the General Provisions of 40 CFR parts 61 and 63 the 
definition of ``State'' means all non-Federal authorities, including 
local agencies, interstate associations, and State-wide programs, 
that have delegated authority to implement: (1) The provisions of 
this part; and/or (2) the permit program established under part 70 
of this chapter. The term State shall have its conventional meaning 
where clear from the context.
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    (A) the authorities contained in the program are not adequate to 
assure compliance by the sources within the agency's jurisdiction with 
respect to each applicable standard, regulation, or requirement 
established under section 112;

[[Page 66060]]

    (B) adequate authority does not exist, or adequate resources are 
not available, to implement the program;
    (C) the schedule for implementing the program and assuring 
compliance by affected sources is not sufficiently expeditious; or
    (D) the program is otherwise not in compliance with the guidance 
issued by the EPA under section 112(l)(2) or is not likely to satisfy, 
in whole or in part, the objectives of the CAA.
    In carrying out its responsibilities under section 112(l), the EPA 
promulgated regulations at 40 CFR part 63, subpart E, setting forth 
criteria for the approval of submitted programs. For example, in order 
to obtain approval of a program to implement and enforce Federal 
section 112 of the CAA rules as promulgated without changes (straight 
delegation) for part 70 sources, a State or local agency must 
demonstrate that it meets the criteria of 40 CFR 63.91(d). The 40 CFR 
63.91(d)(3) provides that interim or final Title V program approval 
will satisfy the criteria of 40 CFR 63.91(d).\10\ The NESHAP delegation 
for NWCAA, as it applies to both 40 CFR part 70 and non-part 70 
sources, was most recently approved in a letter dated January 7, 
2025.\11\
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    \10\ Some NESHAP standards do not require a source to obtain a 
title V permit (e.g., certain area sources that are exempt from the 
requirement to obtain a title V permit). For these non-title V 
sources, the EPA believes that the State or local agency must assure 
the EPA that it can implement and enforce the NESHAP for such 
sources. See 65 FR 55810, 55813 (September 14, 2000).
    \11\ 203_24-05091-R10--APTB_Response_ltr_NWCAA_NESHAP_2023.pdf 
included in the docket for this proposed rulemaking.
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V. How did NWCAA meet the NSPS and NESHAP program approval criteria?

    As to the NSPS standards in 40 CFR part 60, NWCAA adopted the 
Federal standards via incorporation by reference. The NWCAA regulations 
are, therefore, at least as stringent as the EPA's rules.\12\ As part 
of our most recent January 7, 2025, letter approving NWCAA's delegation 
of authority, we determined that NWCAA's resources and procedures for 
implementing and enforcing the NSPS continue to remain adequate since 
the EPA's prior delegation of authority on May 10, 2023.\13\
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    \12\ 40 CFR 60.10(a).
    \13\ 103_ltr_NWCAA_NSPS_2021a_2023-05-10 final.pdf included in 
the docket for this proposed rulemaking.
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    As to the NESHAP standards in 40 CFR parts 61 and 63, NWCAA uses 
incorporation by reference to adopt unchanged Federal section 112 of 
the CAA standards into its regulations in NWCAA 104.2. The EPA's final 
interim approval of Washington's title V operating permits program, 
including NWCAA as a local clean air agency, delegated the authority to 
implement certain NESHAPS.\14\ The EPA promulgated final full approval 
of the State's operating permits program, including local clean air 
agencies, on August 13, 2001. See 66 FR 42439. These interim and final 
title V program approvals satisfy the up-front approval criteria of 40 
CFR 63.91(d).
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    \14\ 59 FR 55813 (November 9, 1994).
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    Under 40 CFR 63.91(d)(2), once a State, including local clean air 
agencies, has satisfied up-front approval criteria, it needs only to 
reference the previous demonstration and reaffirm that it still meets 
the criteria for any subsequent submittals for delegation of the CAA 
section 112 standards. NWCAA has affirmed that it still meets the up-
front approval criteria. With respect to non-part 70 sources, the EPA 
approved delegation of NESHAP authorities to NWCAA in a letter dated 
January 7, 2025, after finding adequate authorities to implement and 
enforce the NESHAP for such sources.\15\
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    \15\ 203_24-05091-R10_APTB_Response_ltr_NWCAA_NESHAP_2023.pdf 
included in the docket for this action.
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VI. What is being delegated?

    By letters dated January 16, 2024, the EPA received requests from 
NWCAA to update its existing NSPS and NESHAP delegations. With certain 
exceptions noted in section VI of this document, NWCAA's request 
included NSPS in 40 CFR part 60, and NESHAP in 40 CFR parts 61 and 63. 
NWCAA's request included newly incorporated NSPS and NESHAP standards 
promulgated by the EPA and amendments to existing standards currently 
delegated, in effect as of October 18, 2023, as adopted by NWCAA.

VII. What is not being delegated?

    With respect to NSPS delegation, Attachment B, Standards of 
Performance for New Stationary Sources Subparts Requested to be 
Delegated to the Northwest Clean Air Agency, lists the 40 CFR part 60 
subparts requested by NWCAA for delegation.\16\ Attachment B delineates 
those provision shaded in grey that are not delegable by the EPA and 
also delineates those provisions shaded in yellow where the State of 
Washington retains delegation of these subparts. All inquiries and 
requests concerning implementation and enforcement of the excluded 
standards shaded in grey should be directed to the EPA Region 10 
Office. Other exemptions and requirements are listed in our January 7, 
2025, letter approving NWCAA's NSPS delegation request.\17\
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    \16\ 101_2024 01 16 NWCAA Delegation Request 2024 NSPS Att B.pdf 
included in the docket for this proposed rulemaking.
    \17\ 102_24-05094-R10_APTB_Response_ltr_NWCAA_NSPS_2023.pdf 
included in the docket for this proposed rulemaking.
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    With respect to NESHAP delegation, Attachment B, National Emission 
Standards for Hazardous Air Pollutants Subparts Requested to be 
Delegated to the Northwest Clean Air Agency--40 CFR part 61 Subparts 
and Attachment C, National Emission Standards for Hazardous Air 
Pollutants Subparts Requested to be Delegated to the Northwest Clean 
Air Agency--40 CFR part 63 Subparts, list the subparts requested by 
NWCAA for delegation.\18\ Subparts shaded in grey are not delegable by 
the EPA. NWCAA also did not request subparts shaded in yellow, for 
which the Washington State Department of Ecology retains delegated 
authority. Subparts shaded in orange are vacated provisions that are 
not delegable.
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    \18\ 201_2024 01 16 NWCAA Delegation Request 2024 NESHAP Att 
B.pdf and 202_2024 01 16 NWCAA Delegation Request 2024 NESHAP Att 
C.pdf included in the docket for this proposed rulemaking.
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    In addition, the EPA regulations provide that we cannot delegate to 
a State or local agency any of the Category II Subpart A authorities 
set forth in 40 CFR 63.91(g)(2). These include the following 
provisions: 40 CFR 63.6(g), Approval of Alternative Non-Opacity 
Standards; 63.6(h)(9), Approval of Alternative Opacity Standards; 
63.7(e)(2)(ii) and (f), Approval of Major Alternatives to Test Methods; 
63.8(f), Approval of Major Alternatives to Monitoring; and 63.10(f), 
Approval of Major Alternatives to Recordkeeping and Reporting. Also, 
some 40 CFR parts 61 and 63 standards have certain provisions that 
cannot be delegated to the States or local agencies. Furthermore, no 
authorities are delegated that require rulemaking in the Federal 
Register to implement, or where Federal overview is the only way to 
ensure national consistency in the application of the standards or 
requirements of CAA section 112. Finally, this action does not propose 
delegation of any authority under CAA section 112(r), the accidental 
release program.
    If this proposed rule is finalized as proposed, all questions 
concerning implementation and enforcement of the excluded standards 
shaded in grey should be directed to the EPA Region 10 Office. NWCAA 
did not request

[[Page 66061]]

delegation authority for subparts shaded in yellow, specifically 
subparts S, LL, MM, RRR, related to aluminum production facilities and 
pulp and paper facilities. Therefore, all questions concerning 
implementation and enforcement of these subparts should be directed to 
the Washington Department of Ecology where it is the regulatory 
authority under State law and to the EPA, Region 10 in other cases.
    The EPA is proposing a determination that the NESHAP program 
submitted by NWCAA meets the applicable requirements of CAA section 
112(l)(5) and 40 CFR part 63, subpart E.
    In addition, this delegation to NWCAA to implement and enforce 
certain NSPS and NESHAP does not extend to sources or activities 
located in 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. Consistent with previous Federal 
program approvals or delegations, the EPA will continue to implement 
the NSPS and NESHAP in Indian country because NWCAA has not submitted 
information to demonstrate authority over sources and activities 
located within the exterior boundaries of Indian reservations and other 
areas in Indian country.

VIII. What authority does the EPA have?

    We retain the right, as provided by CAA section 111(c)(2), to 
enforce any applicable emission standard or requirement under CAA 
section 111.
    We retain the right, as provided by CAA section 112(l)(7) and 40 
CFR 63.90(d)(2), to enforce any applicable emission standard or 
requirement under CAA section 112. In addition, the EPA may enforce any 
federally approved State or local agency rule, requirement, or program 
under 40 CFR 63.90(e) and 63.91(c)(1)(i). The EPA also has the 
authority to make certain decisions under the General Provisions 
(subpart A) of 40 CFR parts 61 and 63. We are proposing to delegate to 
NWCAA some of these authorities, and retain others, as explained in 
sections V and VI of this document. In addition, the EPA may review and 
disapprove State or local agency determinations and subsequently 
require corrections. See 40 CFR 63.91(g)(1)(ii). The EPA also has the 
authority to review NWCAA's implementation and enforcement of approved 
rules or programs and to withdraw approval if we find inadequate 
implementation or enforcement. See 40 CFR 63.96.
    Furthermore, we retain the authority in an individual emission 
standard that may not be delegated according to provisions of the 
standard. Finally, we retain the authorities stated in the original 
delegation agreement. See 63 FR 66054 (December 1, 1998). Tables of how 
the updated NSPS and NESHAP delegations would look if this proposal is 
finalized may be found in the docket for this proposed rulemaking.\19\ 
The tables also show the authorities that cannot be delegated to any 
State or local agency.
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    \19\ See 101_2024 01 16 NWCAA Delegation Request 2024 NSPS Att 
B.pdf, 201_2024 01 16 NWCAA Delegation Request 2024 NESHAP Att 
B.pdf, and 202_2024 01 16 NWCAA Delegation Request 2024 NESHAP Att 
C.pdf.
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IX. What information must NWCAA provide to the EPA?

    NWCAA must provide any additional compliance related information to 
the EPA, Region 10, Office of Enforcement and Compliance Assurance, 
within 45 days of a request under 40 CFR 63.96(a). Under 40 CFR. 
63.91(g)(1), NWCAA may request delegation any of the authorities listed 
as Category I, and the EPA will delegate any such authorities at its 
discretion. NWCAA must maintain a record of all approved alternatives 
to all monitoring, testing, recordkeeping, and reporting requirements 
and provide this list of alternatives to its EPA Regional Office at 
least semi-annually, or on a more frequent basis if requested by the 
Regional Office.\20\
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    \20\ 40 CFR 63.91(g)(1)(ii).
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X. What is the EPA's oversight role?

    The EPA must oversee NWCAA's decisions to ensure the delegated 
authorities are being adequately implemented and enforced. We will 
integrate oversight of the delegated authorities into the existing 
mechanisms and resources for oversight currently in place. If, during 
oversight, we determine that NWCAA has made decisions that decrease the 
stringency of the delegated standards, then NWCAA shall be required to 
take corrective actions and the source(s) affected by the decisions 
will be notified, as required by and under the procedures set forth at 
40 CFR 63.96(b). We will initiate withdrawal proceedings of the program 
or rule under 40 CFR 63.96(b) if the corrective actions taken are 
insufficient.

XI. Should sources submit notices to the EPA or NWCAA?

    NWCAA is the primary point of contact with respect to delegated 
NSPS and NESHAP. For the delegated NSPS and NESHAP standards and 
authorities covered by this proposed rulemaking, if finalized, sources 
would submit all of the information required pursuant to the general 
provisions and the relevant subpart(s) of the delegated NSPS and NESHAP 
(40 CFR parts 60, 61 and 63) to NWCAA in a manner specified by the 
agency. The EPA's Region 10 proposes to waive the requirement that 
courtesy notifications and reports for delegated standards be submitted 
to the EPA in addition to NWCAA in accordance with 40 CFR 
63.9(a)(4)(ii) and 63.10(a)(4)(ii).\21\ For those standards and 
authorities not delegated as discussed above, sources must continue to 
submit all appropriate information to the EPA by electronic database 
portals, except subpart LL, related to aluminum production facilities 
and those provisions of subparts S and MM that apply to chemical pulp 
and paper facilities, for which the Washington State Department of 
Ecology retains delegated authority.
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    \21\ This waiver only extends to the submission of copies of 
notifications and reports; the EPA does not waive the requirements 
in delegated standards that require notifications and reports be 
submitted to an electronic database (e.g., 40 CFR part 63, subpart 
HHHHHHH).
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XII. Where can I find information on which NSPS and NESHAP standards 
have been delegated in Region 10?

    Tables of the currently delegated NSPS and NESHAP standards are 
available on the EPA Region 10 website at <a href="https://www.epa.gov/caa-permitting/delegations-new-source-performance-standards-nsps-and-national-emission-standards-0">https://www.epa.gov/caa-permitting/delegations-new-source-performance-standards-nsps-and-national-emission-standards-0</a>. If this delegation is finalized, the EPA 
is proposing to remove the outdated delegation information in 40 CFR 
60.4(b)(49), 61.04(c)(10), and 63.99(a)(48), and amend these sections 
with a citation to the Region 10 website with the most current status 
for NSPS and NESHAP delegations.

XIII. Proposed Action

    In this proposed rule, the EPA is proposing to update the 
delegation of certain NSPS to NWCAA, and to approve an update to the 
NWCAA NESHAP delegation that would provide the NWCAA with the authority 
to implement and enforce certain newly incorporated NESHAP promulgated 
by the EPA and amendments to existing standards currently delegated, as 
they existed through October 18, 2023.

XIV. Statutory and Executive Order Reviews

    Under the CAA, the Administrator has the authority to approve 
section 112(l) submissions that comply with the provisions of the Act 
and applicable

[[Page 66062]]

Federal regulations. In reviewing CAA section 112(l) submissions, the 
EPA's role is to approve State or local agency choices, provided that 
they meet the criteria and objectives of the CAA and of the EPA's 
implementing regulations. Accordingly, this proposed action would 
merely approve NWCAA's request as meeting Federal requirements and does 
not impose additional requirements beyond those imposed by State law. 
For that reason, this proposed action:

A. Executive Order 12866: Regulatory Planning and Review and Executive 
Order 13563: Improving Regulation and Regulatory Review

    This proposed action is not a significant regulatory action as 
defined in Executive Order 12866 (58 FR 51735, October 4, 1993) and was 
therefore not submitted to the Office of Management and Budget (OMB) 
for review.

B. Executive Order 14192: Unleashing Prosperity Through Deregulation

    This proposed 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 proposed action does not impose an information collection 
burden under the PRA (44 U.S.C. 3501 et seq.) because it does not 
impose an information collection burden.

D. Regulatory Flexibility Act (RFA)

    This proposed action is certified to not have a significant 
economic impact on a substantial number of small entities under the RFA 
(5 U.S.C. 601 et seq.). This proposed action proposes to approve the 
delegation of Federal rules as requested by the local agency and will 
therefore have no net regulatory burden for all directly regulated 
small entities.

E. Unfunded Mandates Reform Act (UMRA)

    This proposed action does not contain an unfunded mandate as 
described in UMRA, 2 U.S.C 1531-1538, and does not significantly or 
uniquely affect small governments. This proposed action imposes no 
enforceable duty on any State, local, or tribal governments or the 
private sector.

F. Executive Order 13132: Federalism

    This proposed action does not have federalism implications as 
specified in Executive Order 13132 (64 FR 43255, August 10, 1999). 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

    This proposal is to update the delegation of certain NSPS to NWCAA 
and to approve NWCAA's request to update their NESHAP delegation will 
not apply in areas of Indian country, and therefore has no tribal 
implications as specified in Executive Order 13175 (65 FR 67249, 
November 9, 2000). This proposed action will neither impose substantial 
direct compliance costs on federally recognized tribal governments, nor 
preempt tribal law. This proposed action will not impose substantial 
direct compliance costs on federally recognized Tribal governments 
because no actions will be required of Tribal governments. This 
proposed action will also not preempt Tribal law, and thus does not 
have applicable or related Tribal laws.

H. Executive Order 13045: Protection of Children From Environmental 
Health Risks and Safety Risks

    The EPA interprets Executive Order 13045 as applying only to 
regulatory actions considered significant under section 3(f)(1) of 
Executive Order 12866 and that concern environmental health or safety 
risks that the EPA has reason to believe may disproportionately affect 
children, per the definition of ``covered regulatory action'' in 
section 2-202 of Executive Order 13045. This proposed action is not 
subject to Executive Order 13045 because it approves a State program.

I. Executive Order 13211: Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution or Use

    This proposed 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 and Advancement Act (NTTAA)

    This rulemaking does not involve technical standards. This proposed 
action is not subject to 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.

List of Subjects

40 CFR Part 60

    Environmental protection, Air pollution control, Administrative 
practice and procedure, Hazardous substances, Intergovernmental 
relations, Reporting and recordkeeping requirements.

40 CFR Part 61

    Environmental protection, Air pollution control, Hazardous 
substances, Intergovernmental relations, Radioactive materials, 
Reporting and recordkeeping requirements, Uranium, and Vinyl chloride.

40 CFR Part 63

    Environmental protection, Air pollution control, Administrative 
practice and procedure, Business and industry, Carbon oxides, Hazardous 
substances, Intergovernmental relations, Nitrogen oxides, Ozone, 
Reporting and recordkeeping requirements, Sulfur oxides, and Volatile 
organic compounds.

    Authority: 42 U.S.C. 7401 et seq.

Angeles Herrera,
Director, Air and Radiation Division, Region 10.
[FR Doc. 2026-21383 Filed 10-16-26; 8:45 am]
BILLING CODE 6569-50-P


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