Proposed Rule2025-12508
Air Plan Approval; Oklahoma; Revisions to Air Pollution Control Rules
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
July 7, 2025
Issuing agencies
Environmental Protection Agency
Abstract
Pursuant to the Clean Air Act (CAA or the Act), the Environmental Protection Agency (EPA) is proposing to approve revisions to the State Implementation Plan (SIP) for Oklahoma submitted by the State of Oklahoma on November 25, 2024. The submittal addresses updates to the Oklahoma SIP, specifically, Oklahoma Administrative Code (OAC) Title 252 Chapter 100 Subchapter 13, Open Burning.
Full Text
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<title>Federal Register, Volume 90 Issue 127 (Monday, July 7, 2025)</title>
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[Federal Register Volume 90, Number 127 (Monday, July 7, 2025)]
[Proposed Rules]
[Pages 29818-29821]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-12508]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R06-OAR-2025-0012; FRL-11140-01-R6]
Air Plan Approval; Oklahoma; Revisions to Air Pollution Control
Rules
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: Pursuant to the Clean Air Act (CAA or the Act), the
Environmental Protection Agency (EPA) is proposing to approve revisions
to the State Implementation Plan (SIP) for Oklahoma submitted by the
State of Oklahoma on November 25, 2024. The submittal addresses updates
to the Oklahoma SIP, specifically, Oklahoma Administrative Code (OAC)
Title 252 Chapter 100 Subchapter 13, Open Burning.
DATES: Written comments must be received on or before August 6, 2025.
ADDRESSES: Submit your comments, identified by Docket No. EPA-R6-OAR-
2025-0012, at https://
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<a href="http://www.regulations.gov">www.regulations.gov</a> or via email to <a href="/cdn-cgi/l/email-protection#9eedf6fff6f7f0b0fbf3fffadefbeeffb0f9f1e8"><span class="__cf_email__" data-cfemail="a3d0cbc2cbcacd8dc6cec2c7e3c6d3c28dc4ccd5">[email protected]</span></a>. Follow the
online instructions for submitting comments. Once submitted, comments
cannot be edited or removed from <a href="http://Regulations.gov">Regulations.gov</a>. The EPA may publish
any comment received to its public docket. Do not submit electronically
any information you consider to be Confidential Business Information
(CBI) or other information whose disclosure is restricted by statute.
Multimedia submissions (audio, video, etc.) must be accompanied by a
written comment. The written comment is considered the official comment
and should include discussion of all points you wish to make. The EPA
will generally not consider comments or comment contents located
outside of the primary submission (i.e., on the web, cloud, or other
file sharing system). For additional submission methods, please contact
Mr. Emad Shahin, 214-665-6717, <a href="/cdn-cgi/l/email-protection#e093888188898ece858d8184a0859081ce878f96"><span class="__cf_email__" data-cfemail="f2819a939a9b9cdc979f9396b2978293dc959d84">[email protected]</span></a>. For the full EPA
public comment policy, information about CBI or multimedia submissions,
and general guidance on making effective comments, please visit <a href="https://www.epa.gov/dockets/commenting-epa-dockets">https://www.epa.gov/dockets/commenting-epa-dockets</a>.
Docket: The index to the docket for this action is available
electronically at <a href="http://www.regulations.gov">www.regulations.gov</a>. While all documents in the
docket are listed in the index, some information may not be publicly
available due to docket file size restrictions or content (e.g., CBI).
FOR FURTHER INFORMATION CONTACT: For information on the revisions
addressing open burning, please contact Mr. Emad Shahin, EPA Region 6
Office, Infrastructure and Ozone Section, 214-665-6717,
<a href="/cdn-cgi/l/email-protection#cab9a2aba2a3a4e4afa7abae8aafbaabe4ada5bc"><span class="__cf_email__" data-cfemail="5b28333a333235753e363a3f1b3e2b3a753c342d">[email protected]</span></a>. We encourage the public to submit comments via
<a href="https://www.regulations.gov">https://www.regulations.gov</a>. Please call or email the contact listed
above if you need alternative access to material indexed but not
provided in the docket.
SUPPLEMENTARY INFORMATION: Throughout this document ``we,'' ``us,'' or
``our'' means the EPA.
I. Background
Section 110 of the CAA requires states to develop air pollution
regulations and control strategies to ensure that air quality meets the
EPA's National Ambient Air Quality Standards (NAAQS). These ambient air
quality standards are established under CAA section 109 and currently
address six criteria pollutants: carbon monoxide, nitrogen dioxide,
ozone, lead, particulate matter (PM), and sulfur dioxide. A SIP is a
collection of regulations and documents used by a state, territory, or
local air district to implement, maintain, and enforce the NAAQS, and
to fulfill other requirements of the CAA. The SIP must be submitted to
EPA for approval and any changes a state makes to the approved SIP also
must be submitted to the EPA for approval.
In a letter dated November 22, 2024, the Secretary of Energy and
Environment for the State of Oklahoma (the State) submitted a revision
of the Oklahoma SIP to the EPA on November 25, 2024. In this action, we
are proposing to approve into the SIP the updates to OAC Title 252
Chapter 100 Subchapter 13, Open Burning (OAC 252:100-13).
ODEQ promulgated these updates to the Oklahoma open burning
regulations in compliance with the Oklahoma Administrative Procedures
Act and published them in the Oklahoma Register, the official state
publication for rulemaking actions. These updated regulations are
posted in the docket for this action as part of the State's submittal.
II. The EPA's Evaluation
Subchapter 13 imposes requirements for controlling the open burning
of refuse and other combustible materials. The changes made to the open
burning rules revised the requirement for using an Air Curtain
Incinerator (ACI) for certain open burning operations in the Oklahoma
City and Tulsa Metropolitan Statistical Areas (MSAs). An ACI is an
incineration unit, operating by forcefully projecting a curtain of air
across an open integrated combustion chamber or open pit or trench, in
which combustion occurs. These regulatory changes clarify the State's
open burning rules and comply with Oklahoma Senate Bill 246 (2021)
which revised the rules and requirements for the use of ACI for open
burn operations. A summary of the updates to the open burning rules
follows:
1. OAC 252:100-13-8 requires the use of ACI for land clearing
operations and burning of clean wood waste and transported yard
brush in non-attainment areas, areas where an ambient air quality
monitor has documented a violation of the primary NAAQS, or counties
with a population of greater than 500,000. The requirements for
using an ACI for land clearing, burning of clean wood, and burning
of transported yard brush are now only applicable to Oklahoma and
Tulsa counties. Previously, all seven counties in the Oklahoma City
MSA and all seven counties in Tulsa MSA were included and required
the use of an ACI for open burning operations. If combustible
material from land clearing operations, yard brush, clean wood
waste, and clean lumber is transported for open burning, OAC
252:100-13-8.1 is modified to clarify that open burning of
transported materials shall not be conducted in non-attainment
areas, areas where an ambient air quality monitor has documented a
violation of the primary NAAQS, or counties with a population of
greater than 500,000.
2. OAC 252:100-13-7 modifies the open burning requirements for
Land Clearing Operations in OAC 252:100-13-7(4)(B) and the Yard
Brush disposal in 100-13-7(7) to reflect that the new requirements
are in OAC 252:100-13-8, or if waste is being transported, in
OAC:252:100-13-8.1.
3. OAC 252:100-13 adds 13-7(9) to specify the type of material
that is allowed to be open burned, namely wood waste, and clean
lumber. The type of material allowed to be open burned was
previously found within the ACI provisions of 13-8.
4. OAC 252:100-13 moves requirements for the use of ACI in
Subchapter 17 and NSPS to Subchapter 13, OAC 252:100-13-8(c).
ODEQ provided an analysis that the SIP revisions are not expected
to cause or contribute to nonattainment and reasonable further
progress, or interfere with any other applicable requirements of the
CAA. ODEQ added that the updates do not change the types of activities
that are allowed under the open burning rules and only revise when an
ACI is required for land clearing operations and the disposal of clean
wood waste and transported yard brush. Oklahoma also determined that
the impact of these updated regulations on emissions of PM would be
minimal. Oklahoma estimates that prescribed fire in the impacted
counties only accounts for 7% of Oklahoma's PM emission because much of
those emissions come from land clearing and other types of open
burning, such as range management in the Flint Hills grass land.\1\
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\1\ See ODEQ 110(l) Demonstration for the Removal of the Air
Curtain Incinerator requirement in land clearing operations in
certain counties of the Oklahoma City and Tulsa Metropolitan
Statistical Areas in OAC 252:100-13. November 2024, at 14.
(Available in docket)
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EPA reviewed the SIP submittal and determined that the MSAs for
both Tulsa and Oklahoma City are attaining the PM NAAQS. ODEQ maintains
an ambient air quality monitoring network that covers both the Oklahoma
and Tulsa Counties in addition to the other counties in their broader
MSAs. Prior to the updates, areas needed to be designated nonattainment
or in a MSA with a population of greater than 900,000 to trigger ACI
requirements. With this action, areas with monitors indicating
violations of the primary NAAQS or a population greater than 500,000
will trigger ACI requirements.
The revisions to OAC 252:100-13 add clarity and consistency to the
State's open burning rules. These revisions do
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not interfere with continued attainment of the NAAQS or any other
applicable CAA requirements. We are proposing to approve these
revisions to OAC 252:100-13, Subchapter 13. ODEQ analysis can be found
in the docket as part of the state's submittal.
As additional information, EPA has also reviewed monitoring data
from 2024 (note this monitoring data hasn't completed all quality
assurance for certification) indicating that all monitors in Oklahoma
are attaining the standard.
III. Impact on Areas of Indian Country
Following the U.S. Supreme Court decision in McGirt v. Oklahoma,
140 S. Ct. 2452 (2020), the Oklahoma Governor requested approval under
Section 10211(a) of the Safe, Accountable, Flexible, Efficient
Transportation Equity Act of 2005: A Legacy for Users, Public Law 109-
59, 109 Stat. 1144, 1937 (August 10, 2005) (``SAFETEA''), to administer
in certain areas of Indian country (as defined at 18 U.S.C. 1151) the
State's environmental regulatory programs that were previously approved
by the EPA for areas outside of Indian country. The State's request
excluded certain areas of Indian country further described below. In
addition, the State only sought approval to the extent that such
approval is necessary for the State to administer a program in light of
Oklahoma Dept. of Envtl. Quality v. EPA, 740 F.3d 185 (D.C. Cir.
2014).\2\
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\2\ In ODEQ v. EPA, the D.C. Circuit held that under the CAA, a
state has the authority to implement a SIP in non-reservation areas
of Indian country in the state, where there has been no
demonstration of tribal jurisdiction. Under the D.C. Circuit's
decision, the CAA does not provide authority to states to implement
SIPs in Indian reservations.
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The EPA approved Oklahoma's SAFETEA request to administer all the
State's EPA-approved environmental regulatory programs, including the
Oklahoma SIP, in the requested areas of Indian country. As requested by
Oklahoma, the EPA's approval under SAFETEA does not include Indian
country lands, including rights-of-way running through the same, that:
(1) qualify as Indian allotments, the Indian titles to which have not
been extinguished under 18 U.S.C. 1151(c); (2) are held in trust by the
United States on behalf of an individual Indian or Tribe; or (3) are
owned in fee by a Tribe, if the Tribe (a) acquired that fee title to
such land, or an area that included such land, in accordance with a
treaty with the United States to which such Tribe was a party, and (b)
never allotted the land to a member or citizen of the Tribe
(collectively ``excluded Indian country lands'').
The EPA's approval under SAFETEA expressly provided that to the
extent EPA's prior approvals of Oklahoma's environmental programs
excluded Indian country, any such exclusions are superseded for the
geographic areas of Indian country covered by the EPA's approval of
Oklahoma's SAFETEA request.\3\ The approval also provided that future
revisions or amendments to Oklahoma's approved environmental regulatory
programs would extend to the covered areas of Indian country (without
any further need for additional requests under SAFETEA).
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\3\ EPA's prior approvals relating to Oklahoma's SIP frequently
noted that the SIP was not approved to apply in areas of Indian
country (except as explained in the D.C. Circuit's decision in ODEQ
v. EPA) located in the State. See, e.g., 85 FR 20178, 20180 (April
10, 2020). Such prior expressed limitations are superseded by the
EPA's approval of Oklahoma's SAFETEA request.
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As explained in the following section, the EPA is proposing to
approve revisions to the Oklahoma SIP that include revisions to OAC
Title 252 Chapter 100 Subchapter 13 (OAC 252:100-13) Sections 7 and 8,
which will apply throughout the state of Oklahoma. Consistent with the
D.C. Circuit's decision in ODEQ v. EPA and with EPA's SAFETEA approval,
these SIP revisions will apply to areas of Indian country as follows:
(1) pursuant to the SAFTEA approval, the SIP revisions will apply to
all areas of Indian country in the State of Oklahoma other than the
excluded Indian country lands as described above; and (2) pursuant to
the D.C. Circuit's decision in ODEQ v. EPA, the SIP revisions will also
apply to any Indian allotments or dependent Indian communities that are
located outside of any Indian reservation and over which there has been
no demonstration of Tribal authority.
IV. Proposed Action
Based on a review and analysis of the submittal, we are proposing
to approve the revisions to the Oklahoma SIP, submitted on November 25,
2024. Specifically, we are proposing to approve revisions to OAC
252:100, Subchapter 13. These revisions were made to clarify the
State's open burning rules and comply with Oklahoma Senate Bill 246
(2021) which revised the rules and requirements for the use of ACI for
open burn operations. We propose to find that the revisions do not
change the types of activities that are allowed under the state's
current open burning rules and only revise certain provisions
pertaining to when an ACI can be required for land clearing operations
and the burning of clean wood waste and yard brush. We are thus
proposing to approve these revisions in accordance with section 110 of
the Act.
V. Incorporation by Reference
In this action, we are proposing to include in a final rule
regulatory text that includes incorporation by reference. In accordance
with the requirements of 1 CFR 51.5, we are proposing to incorporate by
reference revisions to the Oklahoma regulations, as described in the
Proposed Action section above. We have made, and will continue to make,
these documents generally available electronically through
<a href="http://www.regulations.gov">www.regulations.gov</a> (please contact the person identified in the FOR
FURTHER INFORMATION CONTACT section of this preamble for more
information).
VI. Statutory and Executive Order Reviews
Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the CAA and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves state law as meeting Federal requirements and
does not impose additional requirements beyond those imposed by state
law. For that reason, this action:
<bullet> Is not a significant regulatory action subject to review
by the Office of Management and Budget under Executive Order 12866 (58
FR 51735, October 4, 1993);
<bullet> Is not subject to Executive Order 14192 (90 FR 9065,
February 6, 2025) because SIP actions are exempt from review under
Executive Order 12866;
<bullet> Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
<bullet> Is certified as not having a significant economic impact
on a substantial number of small entities under the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.);
<bullet> Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
<bullet> Does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
<bullet> Is not subject to Executive Order 13045 (62 FR 19885,
April 23, 1997) because it approves a state program;
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<bullet> Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001); and
<bullet> Is not subject to requirements of section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the Clean Air Act.
This proposed approval of revisions to the Oklahoma SIP,
specifically revisions to Oklahoma Administrative Code (OAC) Title 252
Chapter 100 Subchapter 13, Open Burning, that clarify the State's open
burning rules and comply with Oklahoma Senate Bill 246 (2021) will
apply, if finalized as proposed, to certain areas of Indian country
throughout Oklahoma as discussed in the preamble, and therefore has
Tribal implications as specified in E.O. 13175 (65 FR 67249, November
9, 2000). However, this action will neither impose substantial direct
compliance costs on federally recognized Tribal governments, nor
preempt Tribal law. This action will not impose substantial direct
compliance costs on federally recognized Tribal governments because no
actions will be required of Tribal governments. This action will also
not preempt Tribal law as no Oklahoma tribe implements a regulatory
program under the CAA, and thus does not have applicable or related
Tribal laws. Consistent with the EPA Policy on Consultation with Indian
Tribes (December 7, 2023), the EPA will offer consultation to Tribal
governments that may be affected by this action and provide information
about this action.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Reporting and recordkeeping
requirements, Volatile organic compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: June 26, 2025.
Walter Mason,
Regional Administrator, Region 6.
[FR Doc. 2025-12508 Filed 7-3-25; 8:45 am]
BILLING CODE 6560-50-P
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