(a) Identification of plan—delegation of authority. On March 27, 2023, the EPA signed a Memorandum of Agreement (MOA) that defines policies, responsibilities, and procedures pursuant to 40 CFR part 62, subpart JJJ (the “Federal plan”) by which the Federal plan will be administered by the Southwest Clean Air Agency (SWCAA) for designated facilities under the agency's jurisdiction in Clark, Cowlitz, Lewis, Skamania, and Wahkiakum Counties in the State of Washington, excluding Indian Country as defined in 18 U.S.C. 1151.

(b) Identification of sources. The MOA and related Federal plan apply to all municipal waste combustion units, as defined in 40 CFR 62.15410, that have the capacity to combust at least 35 tons per day but no more than 250 tons per day of municipal solid waste or refuse-derived fuel for which construction commenced on or before August 30, 1999. See 40 CFR 62.15010. A small municipal waste combustion (SMWC) unit can be exempt from this subpart, if it meets any of the criteria in 40 CFR 62.15020.

(c) Effective date of delegation. The delegation became fully effective on March 28, 2023, upon the signature of both parties.