EPA Nods to WV Trash Burner Pollution Crackdown Plan
Published Date: 2/12/2026
Proposed Rule
Summary
The EPA is giving a thumbs-up to part of West Virginia’s updated plan to control pollution from commercial and industrial trash-burning facilities. This means these incinerators will follow new rules to cut harmful emissions, helping clean the air. Businesses and communities should get ready for these changes, and public comments are open until March 16, 2026.
Analyzed Economic Effects
6 provisions identified: 2 benefits, 4 costs, 0 mixed.
Most WV CISWI Rules Become Enforceable
EPA is proposing to partially approve West Virginia's state plan so that WVDEP rules in WV45CSR18 sections 2 (selected provisions), 9, and 13.3 and tables 45CSR18E through 45CSR18M would become federally enforceable for existing Commercial and Industrial Solid Waste Incineration (CISWI) units in West Virginia. These approved state provisions include emission limits, testing, monitoring, reporting, and title V permitting requirements drawn from 40 CFR part 60, subpart DDDD.
Federal Plan Replaces Some WV Provisions
EPA is proposing to exclude specific West Virginia provisions (45CSR18-9.7.g and 9.7.j; 45CSR18-9.13.b; and footnote c of Table 45-18M) from approval because they are not as protective as the emission guidelines. For those excluded parts, the Federal CISWI plan provisions (for example, 40 CFR 62.14615a(g) and (j), 40 CFR 62.14740a(b), and related Federal plan footnotes and CFR provisions) will apply in West Virginia until the State submits and EPA approves corrections.
Final Compliance Deadlines Apply
The emission guidelines require a final compliance date no later than February 7, 2018 or three years after the effective date of state plan approval, whichever is earlier; for affected air curtain incinerators (ACIs) the state rule lists increments of progress that required final control plans by February 7, 2016 and final compliance by February 7, 2018 for units with construction commenced on or before June 4, 2010. Those deadlines are in the state plan materials referenced by EPA.
Controls Target Specific Air Pollutants
The CISWI emission guidelines and the West Virginia plan target reductions in pollutants including particulate matter, opacity (as applicable), carbon monoxide, dioxins/furans, sulfur dioxide, nitrogen oxides, hydrogen chloride, lead, mercury, and cadmium. If approved, the state plan provisions adopted from those guidelines will govern how existing CISWI units must limit and monitor those listed pollutants.
Only One WV CISWI Facility Identified
West Virginia's submission continues to identify a single existing CISWI unit in the State: The Chemours Company FC, LLC, Washington Works (formerly E.I. DuPont) located in Wood County, West Virginia. That facility is the identified subject of the state plan provisions and any Federal-plan supplants for excluded portions.
EPA Finds No Small Entities Affected
EPA certified under the Regulatory Flexibility Act that this action does not have a significant economic impact on a substantial number of small entities because EPA states there are no small entities in West Virginia regulated under the existing CISWI regulations.
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