2026-18759: Approval and Promulgation of State Air Quality Plans for Designated Facilities and Pollutants; District of Columbia; Negative Declaration for Existing Other Solid Waste Incinerators

Federal Register, Volume 91 Issue 176 (Monday, September 14, 2026) [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 [www.gpo.gov] [FR Doc No: 2026-18759] ----------------------------------------------------------------------- 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. -----------------------------------------------------------------------

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 Regulations.gov, or via email to [email protected]. For comments submitted at Regulations.gov, follow the online instructions for submitting comments. Once submitted, comments cannot be edited or removed from Regulations.gov. 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 www.epa.gov/dockets/commenting-epa-dockets.

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 [email protected].

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 Regulations.gov, 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: