West Virginia to EPA: No Giant Trash-Burning Beasts in Our Backyard!
Published Date: 10/7/2026
Proposed Rule
Summary
The EPA is proposing to approve West Virginia’s statement that it has no big trash-burning plants or other solid waste incinerators that need special air pollution rules. This means no new pollution controls or costs for these facilities in West Virginia right now. People can send their thoughts on this decision by November 6, 2026.
Analyzed Economic Effects
3 provisions identified: 3 benefits, 0 costs, 0 mixed.
West Virginia says it has no covered incinerators
On July 13, 2026, the West Virginia Department of Environmental Protection told the EPA it has no existing Large Municipal Waste Combustors (LMWC) or Other Solid Waste Incinerators (OSWI) that are subject to Clean Air Act sections 111(d) and 129 within West Virginia. Because of that certification, there are currently no facilities in the State that would be covered by the emission guidelines in 40 CFR part 60, subpart Cb or subpart FFFF.
EPA proposes to approve WV negative declarations
The EPA is proposing to approve West Virginia's negative declarations (submitted July 13, 2026) and amend 40 CFR part 62 to reflect EPA's receipt. The EPA states this approval 'does not impose additional requirements,' so no new emission-control rules or compliance costs under sections 111(d) and 129 of the Clean Air Act would be applied for LMWC or OSWI in West Virginia if the negative declarations are finalized.
EPA finds no significant small-entity impact
The EPA certified under the Regulatory Flexibility Act that this action will not have a significant economic impact on a substantial number of small entities. The Agency also states the action is not a significant regulatory action and does not impose information collection burdens or unfunded mandates.
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Key Dates
Department and Agencies
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