EPA Hands Pollution Patrol to Washington's Southwest Clean Air Agency
Published Date: 3/24/2026
Rule
Summary
The EPA is giving the Southwest Clean Air Agency (SWCAA) the power to enforce pollution rules for certain waste-burning facilities in parts of Washington, like Clark and Cowlitz counties. This change means SWCAA will handle pollution limits for hospitals, industries, and sewage plants starting March 24, 2026. It won’t cost businesses extra but helps keep the air cleaner and enforcement local and efficient.
Analyzed Economic Effects
3 provisions identified: 2 benefits, 0 costs, 1 mixed.
SWCAA Takes Local Enforcement Role
The EPA delegated authority to the Southwest Clean Air Agency (SWCAA) to implement and enforce Federal plan requirements for hospital/medical/infectious waste incinerators (HMIWI), commercial and industrial solid waste incinerators (CISWI), small municipal waste combustion (SMWC) units, and sewage sludge incineration (SSI) units for facilities within SWCAA jurisdiction in Clark, Cowlitz, Lewis, Skamania, and Wahkiakum Counties, Washington (excluding Indian country). The Memorandum of Agreement was signed March 27–28, 2023, and the delegation became effective upon signature (effective March 28, 2023).
No New Costs for Regulated Facilities
The rule codifies delegation of existing Federal plan requirements and explicitly states it does not impose requirements beyond those in the already-applicable Federal plans and will not have a significant economic impact on a substantial number of small entities. The EPA certified under the Regulatory Flexibility Act that this action will not impose additional costs on small businesses.
Delegation Excludes Indian Country
The delegation and the MOA explicitly exclude Indian country as defined in 18 U.S.C. 1151, so the SWCAA implementation and enforcement do not apply to facilities located on Indian land. The regulatory text and MOA apply to the named Washington counties expressly excluding Indian country.
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