2026-21383Proposed RuleWallet

EPA Proposes Handing Washington Agency More Air-Pollution Authority

Published Date: 10/19/2026

Proposed Rule

Summary

The EPA is proposing to give the Northwest Clean Air Agency in Washington State updated authority to enforce new air pollution rules for factories and businesses. This change means NWCAA can better manage pollution limits based on the latest standards through October 18, 2023. People and companies in the area should note comments are open until November 18, 2026, but this doesn’t affect tribal lands or add new costs.

Analyzed Economic Effects

3 provisions identified: 3 benefits, 0 costs, 0 mixed.

Local agency becomes primary enforcer

If finalized, the Northwest Clean Air Agency (NWCAA) will have primary authority to implement and enforce certain New Source Performance Standards (40 CFR part 60) and National Emission Standards for Hazardous Air Pollutants (40 CFR parts 61 and 63) that NWCAA adopted as they existed through October 18, 2023. This applies to sources within NWCAA jurisdiction (Island, Skagit, and Whatcom counties). The public comment deadline for this proposed delegation is November 18, 2026.

Waiver of duplicate federal submissions

For the standards delegated to NWCAA, the EPA proposes to waive the requirement that sources submit courtesy notifications and reports to the EPA in addition to NWCAA (per 40 CFR 63.9(a)(4)(ii) and 63.10(a)(4)(ii)). Sources would submit required notifications and reports to NWCAA in the manner the agency specifies. The waiver does not remove any electronic database submission requirements in delegated standards.

No new federal costs for small entities

The EPA states this proposed approval does not impose additional requirements beyond those imposed by State law and is certified under the Regulatory Flexibility Act to not have a significant economic impact on a substantial number of small entities. The agency also states the action does not contain an unfunded mandate.

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Key Dates

Published Date
Comments Due
10/19/2026
11/18/2026

Department and Agencies

Department
Independent Agency
Agency
Environmental Protection Agency
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