EPA Proposed Acceptance of Louisiana's Negative Declaration for Existing Other Solid Waste Incineration Units
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The U.S. Environmental Protection Agency (EPA) has received a 'negative declaration' from the state of Louisiana under Clean Air Act (CAA) sections 111(d) and 129. This declaration certifies that no existing incinerators subject to the Other Solid Waste Incineration (OSWI) Emission Guidelines currently operate within Louisiana's jurisdiction, making state-level implementation of those federal emission standards unnecessary. The EPA is proposing to formally accept Louisiana's negative declaration and amend its own regulations accordingly. A negative declaration is a legally significant certification by a state that the category of regulated sources — in this case, OSWI units — does not exist within its boundaries, thereby exempting the state from submitting a full State Implementation Plan (SIP) for those sources. The proposed rule was published on March 23, 2026, and is in the public comment and review phase. If finalized, the EPA will update its Code of Federal Regulations to reflect Louisiana's exemption from OSWI emission guideline plan requirements, reducing the state's regulatory reporting burden for this source category.
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Key Changes
- Louisiana submitted a negative declaration under CAA sections 111(d) and 129 certifying that no OSWI units subject to federal emission guidelines exist within the state
- EPA is proposing to formally accept the negative declaration, exempting Louisiana from submitting a State Implementation Plan (SIP) for OSWI sources
- EPA will amend its federal regulations (Code of Federal Regulations) to reflect Louisiana's OSWI exemption once the rule is finalized
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