EPA Proposes West Virginia Air Plan Approval; FMCS Revises Org Structure; NIH Schedules Review Panels

EPA Proposes to Approve West Virginia Negative Declarations for Waste Incinerators

The Environmental Protection Agency is proposing to approve negative declarations submitted by the West Virginia Department of Environmental Protection (WVDEP) on July 13, 2026, certifying that there are no existing large municipal waste combustors (LMWC) or other solid waste incinerators (OSWI) subject to sections 111(d) and 129 of the Clean Air Act within the jurisdiction of West Virginia. The proposed rule would amend 40 CFR part 62 to reflect EPA's receipt of those declarations.

The document explains the statutory backdrop: Section 111(d) of the Clean Air Act requires states to submit plans establishing standards of performance for certain existing sources, while Section 129 mandates emission guidelines for solid waste incineration units, including LMWCs and OSWIs, and requires those plans to be at least as protective as the promulgated emission guidelines, including fixed compliance dates and Title V permitting requirements. Section 129 also requires states to submit plans within one year after promulgation of emission guidelines; EPA prescribes a federal plan if a state does not submit an approvable state plan. When a state has no designated facilities in a source category, the document states, it may submit a negative declaration in lieu of a state plan, pursuant to 40 CFR 60.23(b), 60.23a(b), and 62.06.

WVDEP's negative declarations address two subparts: the Emissions Guidelines and Compliance Times for Large Municipal Waste Combustors (40 CFR part 60, subpart Cb), which apply to LMWC units for which construction commenced on or before September 20, 1994, and the Emission Guidelines and Compliance Times for Other Solid Waste Incineration Units (40 CFR part 60, subpart FFFF). The agency notes that this action merely notifies the public of EPA's receipt of the declarations and does not impose additional requirements. EPA determined the action is not a significant regulatory action under Executive Order 12866 and was therefore not submitted to OMB for review. Public comments on the proposed rule must be received on or before November 6, 2026, and the docket is accessible at Regulations.gov under Docket ID No. EPA-R03-OAR-2026-6205.

FMCS Revises Statement of Organization and Functions

The Federal Mediation and Conciliation Service (FMCS) issued a revised Statement of Organization and Functions effective October 1, 2026, which rescinds all prior Statements of Organization. The document describes FMCS as an independent agency created in 1947 by Title II of the Labor-Management Relations Act (Taft-Hartley), 29 U.S.C. 172 et seq., with a statutory duty to prevent or minimize interruptions to the free flow of commerce growing out of labor disputes, 29 U.S.C. 173(a). The agency fulfills its mission by providing mediation, conciliation, and voluntary arbitration services to private, federal, and public sectors, with the exception of the railroad and airline industries, which are covered by the Railway Labor Act administered by the National Mediation Board.

The revised statement describes the agency's structure as comprising Headquarters and Field Operations, with individual departments reporting to either the Office of Chief Operating Officer or the Office of Field Operations, both of which report directly to the Office of the Director. The Agency Head is appointed by the President with the advice and consent of the Senate and is responsible for establishing and directing policy, overall administration, and strategic direction, as well as serving as liaison with the White House, Cabinet members, and Congress. Key headquarters offices detailed in the document include the Equal Employment Opportunity Office, the Executive Secretariat, the Office of General Counsel (which encompasses the FOIA Office, Privacy Office, Ethics Office, and Arbitration Services), the Office of Human Resources, and the Office of Information Technology, among others. The Office of General Counsel is described as providing legal support on matters including arbitration program management, ethics, labor and employment law, FOIA, privacy, procurement, and fiscal law, and as representing the agency in proceedings before the MSPB, EEOC, and federal courts in cooperation with the Department of Justice.

NIH Center for Scientific Review: Closed Grant-Review Meetings

The NIH Center for Scientific Review (CSR) published three separate notices in the October 7, 2026 Federal Register announcing multiple closed meetings scheduled across the first week of November 2026. All meetings are virtual and will be held at the National Institutes of Health, Rockledge II, 6701 Rockledge Drive, Bethesda, MD 20892. The meetings are closed to the public pursuant to sections 552b(c)(4) and 552b(c)(6) of Title 5 U.S.C., as the document states that grant applications and discussions could disclose confidential trade secrets, commercial property such as patentable material, and personal information, the disclosure of which would constitute a clearly unwarranted invasion of personal privacy.

Panels convening November 2–3, 2026 include the Special Emphasis Panel on novel tools to study cell- and circuit-specific brain processes; the Special Emphasis Panel on Training and Career Development in Vascular and Hematology Topics; the Special Emphasis Panel on Training: National Research Service Award; the Special Emphasis Panel on Developmental and Regeneration Biology; the Special Emphasis Panel on Training: Basic Biomedical Institutional and Research Education Grants; and the Genes, Genomes, and Genetics Integrated Review Group, among others.

Panels convening November 3–4, 2026 include the Special Emphasis Panel on Fellowships in Biobehavioral Health, Cognition, Addiction & HIV Risk and Prevention Research; the Interdisciplinary Molecular Sciences and Training Integrated Review Group's Maximizing Investigators' Research Award–G Study Section; the Special Emphasis Panel on Fellowships in Cell Biology, Developmental Biology, and Bioengineering; the Special Emphasis Panel on Research Training and Career Development in Basic and Integrative Biological Sciences; and the Special Emphasis Panel for PAR-23-059: National Cancer Institute Program Project Applications (November 3 only).

Panels convening November 4–5, 2026 include the Digestive, Kidney and Urological Systems Integrated Review Group's Pathobiology of Kidney Disease Study Section; the Special Emphasis Panel on Member Conflict in Pulmonary and Vascular Pathobiology, Hemostasis and Thrombosis (November 4 only); the Special Emphasis Panel on Social, Biobehavioral, and Population Health for NIH Collaborative International Research Projects (PF5)–Panel A; the Special Emphasis Panel on Fellowships in Basic Neurosciences; and the Special Emphasis Panel on Training and Career Development in Clinical Care, Treatment & Disease Management.

What to Watch

• November 2–3, 2026: NIH CSR closed review panels on brain research tools, vascular and hematology training, NRSA training, developmental biology, and biomedical education grants.
• November 3–4, 2026: NIH CSR closed review panels on fellowships in biobehavioral health, cell biology, and bioengineering; Maximizing Investigators' Research Award; NCI Program Project Applications (November 3 only).
• November 4–5, 2026: NIH CSR closed review panels on kidney disease pathobiology, pulmonary/vascular pathobiology (November 4 only), international collaborative research, basic neuroscience fellowships, and clinical care training.
• November 6, 2026: Deadline for public comments on EPA's proposed approval of West Virginia's negative declarations for large municipal waste combustors and other solid waste incinerators.

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