Rule2025-12599
Approval and Promulgation of State Air Quality Plans for Designated Facilities and Pollutants; Oklahoma; Control of Emissions From Existing Municipal Solid Waste Landfills
Primary source
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Published
July 7, 2025
Effective
August 6, 2025
Issuing agencies
Environmental Protection Agency
Abstract
Pursuant to the Federal Clean Air Act (CAA or the Act), the Environmental Protection Agency (EPA) is approving the CAA section 111(d) state plan submitted by the State of Oklahoma for sources subject to the Municipal Solid Waste (MSW) Landfills Emission Guidelines (EG). The Oklahoma MSW landfills plan was submitted to fulfill the state's obligations under CAA section 111(d) to implement and enforce the requirements under the MSW Landfills EG. The EPA is approving the state plan and amending the agency regulations in accordance with the requirements of the CAA.
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)]
[Rules and Regulations]
[Pages 29749-29751]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-12599]
[[Page 29749]]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 62
[EPA-R06-OAR-2024-0232; FRL-12425-02-R6]
Approval and Promulgation of State Air Quality Plans for
Designated Facilities and Pollutants; Oklahoma; Control of Emissions
From Existing Municipal Solid Waste Landfills
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: Pursuant to the Federal Clean Air Act (CAA or the Act), the
Environmental Protection Agency (EPA) is approving the CAA section
111(d) state plan submitted by the State of Oklahoma for sources
subject to the Municipal Solid Waste (MSW) Landfills Emission
Guidelines (EG). The Oklahoma MSW landfills plan was submitted to
fulfill the state's obligations under CAA section 111(d) to implement
and enforce the requirements under the MSW Landfills EG. The EPA is
approving the state plan and amending the agency regulations in
accordance with the requirements of the CAA.
DATES: This rule is effective on August 6, 2025. The incorporation by
reference of certain material listed in the rule is approved by the
Director of the Federal Register August 6, 2025.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R06-OAR-2024-0232. All documents in the docket are
listed on the <a href="https://www.regulations.gov">https://www.regulations.gov</a> website. Although listed in
the index, some information is not publicly available, e.g.,
Confidential Business Information or other information whose disclosure
is restricted by statute. Certain other material, such as copyrighted
material, is not placed on the internet. Publicly available docket
materials are available electronically through <a href="https://www.regulations.gov">https://www.regulations.gov</a>.
FOR FURTHER INFORMATION CONTACT: Matthew Gesualdo, EPA Region 6 Office,
Air and Radiation Division--State Planning and Implementation Branch,
214-665-6530, <a href="/cdn-cgi/l/email-protection#4a2d2f393f2b262e2564272b3e3e222f3d0a2f3a2b642d253c"><span class="__cf_email__" data-cfemail="a9ceccdadcc8c5cdc687c4c8ddddc1ccdee9ccd9c887cec6df">[email protected]</span></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,'' and
``our'' means the EPA.
I. Background
The background for this action is discussed in detail in our
December 18, 2024, proposal (89 FR 102847) and accompanying Technical
Support Document (TSD). In that document, we proposed to approve the
Oklahoma MSW landfills plan submitted by the Oklahoma Department of
Environmental Quality (ODEQ) in accordance with the requirements of
section 111(d) of the CAA and to amend 40 CFR part 62, subpart LL, to
codify EPA's approval. We proposed to find that the Oklahoma MSW
landfills plan, submitted by ODEQ on April 30, 2024, is at least as
protective as the Federal requirements provided under the MSW landfills
EG, codified at 40 CFR part 60, subpart Cf.
II. Response to Comments
We received one comment regarding our proposal. The comment and
response to the comment are provided below. The EPA is finalizing as
proposed; no changes have been made as a result of the comment
received.
Comment: Cleaning up the environment is a must in any state. With
the climate constantly changing this is something that should probably
happened a long time ago. Cleaning up the landfills and keeping it to
code will show a significant difference in the environment. It is a
duty of ours to keep this place clean. Potentially by ignoring this you
are putting the public's health at risk. This should be done in a
timely manner.
Response: We appreciate the commenter's statements, which provide
general support for regulations that reduce landfill emissions and help
to protect human health and the environment.
III. Impact on Areas of Indian Country
Following the U.S. Supreme Court decision in McGirt v. Oklahoma,
140 S. Ct. 2452 (2020), the Governor of the State of Oklahoma 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, 119 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 outside of Indian country. The State's
request excluded certain areas of Indian country further described
below.
The EPA has approved Oklahoma's SAFETEA request to administer all
of the States's EPA-approved environmental regulatory programs in the
requested areas of Indian country. As requested by Oklahoma, 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 the 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. 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).
As explained above, the EPA is approving the CAA section 111(d)
state plan submitted by the State of Oklahoma for sources subject to
the Municipal Solid Waste (MSW) Landfills Emission Guidelines (EG). The
plan will apply statewide in Oklahoma, including to all areas of Indian
country in the State of Oklahoma other than the excluded Indian country
lands as described above, and will cover 57 sources located on
privately-owned lands within reservation boundaries.
IV. Final Action
In this final action, the EPA is amending 40 CFR part 62, subpart
LL, to reflect approval of the Oklahoma MSW landfills plan from ODEQ,
received on April 30, 2024, in accordance with section 111(d) of the
CAA.
V. Incorporation by Reference
In accordance with the requirements of 1 CFR 51.5, we are
finalizing regulatory text that includes the incorporation by reference
of Oklahoma Department of Environmental Quality (ODEQ) Chapter 100,
Subchapter 47, adopted February 18, 2022, and
[[Page 29750]]
effective September 15, 2022, which is part of the CAA section 111(d)
Plan applicable to existing MSW landfills subject to the MSW Landfills
Emission Guidelines, at 40 CFR part 60, subpart Cf, within ODEQ's
jurisdiction in the State of Oklahoma. The regulatory provisions of
ODEQ Chapter 100, Subchapter 47 incorporate the MSW Landfills Emissions
Guidelines promulgated by the EPA at 40 CFR part 60, subpart Cf, and
establish emission standards and compliance times for the control of
municipal solid waste landfills, as defined in subpart Cf, that
commenced construction, modification, or reconstruction on or before
July 17, 2014. The EPA has made and will continue to make ODEQ Chapter
100, Subchapter 47, generally available at the EPA Region 6 office
(please contact the person identified in the FOR FURTHER INFORMATION
CONTACT section of this preamble for more information). They are also
available at: <a href="https://www.regulations.gov">https://www.regulations.gov</a>. This incorporation by
reference has been approved by the Office of the Federal Register and
the state plan is federally enforceable under the CAA as of the
effective date of this final rulemaking.
VI. Statutory and Executive Order Reviews
Under the CAA, the Administrator is required to approve a CAA
section 111(d)/129 submission that complies with the provisions of the
Act and applicable Federal regulations. 42 U.S.C. 7411(d); 42 U.S.C.
7429; 40 CFR part 60, subparts B and Cf; and 40 CFR part 62, subpart A.
Thus, in reviewing CAA section 111(d)/129 state plan submissions, EPA's
role is to approve state choices, provided that they meet the criteria
of the Act and implementing regulations. Accordingly, this action
merely proposes to approve state law as meeting Federal requirements
and does not impose additional requirements beyond those imposed by
state law. For that reason:
A. Executive Order 12866: Regulatory Planning and Review
This action is not a significant regulatory action as defined in
Executive Order 12866 (58 FR 51735, October 4, 1993) and was therefore
not subject to a requirement for Executive Order 12866 review.
B. Executive Order 14192: Unleashing Prosperity Through Deregulation
This action is not an Executive Order 14192 regulatory action
because this action is not significant under Executive Order 12866.
C. Paperwork Reduction Act (PRA)
This action does not impose an information collection burden under
the PRA (44 U.S.C. 3501 et seq.) because it does not contain any
information collection activities.
D. Regulatory Flexibility Act (RFA)
This action is certified to not have a significant economic impact
on a substantial number of small entities under the RFA (5 U.S.C. 601
et seq.). This action will approve a state plan pursuant to CAA section
111(d) and will therefore have no net regulatory burden for all
directly regulated small entities.
E. Unfunded Mandates Reform Act (UMRA)
This action does not contain any unfunded mandate as described in
UMRA, 2 U.S.C. 1531-1538, and does not significantly or uniquely affect
small governments. This action imposes no enforceable duty on any
State, local, or tribal governments or the private sector.
F. Executive Order 13132: Federalism
This action does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999). It will not have
substantial direct effects on the states, on the relationship between
the national government and the states, or on the distribution of power
and responsibilities among the various levels of government.
G. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments
This final action will apply 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 offered consultation (by letter
dated December 18, 2024) on our proposed rulemaking to tribal
governments that may be affected by this action. No tribes accepted
EPA's offer for consultation, and as a result, a consultation did not
occur.
H. Executive Order 13045: Protection of Children From Environmental
Health Risks and Safety Risks
EPA interprets Executive Order 13045 (62 FR 19885, April 23, 1997)
as applying only to those regulatory actions that concern environmental
health or safety risks that EPA has reason to believe may
disproportionately affect children, per the definitions of ``covered
regulatory action'' in section 2-202 of the Executive Order. Therefore,
this action is not subject to Executive Order 13045 because it approves
a state program.
I. Executive Order 13211: Actions That Significantly Affect Energy
Supply, Distribution and Use
This action is not subject to Executive Order 13211 (66 FR 28355,
May 22, 2001), because it is not a significant regulatory action under
Executive Order 12866.
J. National Technology Transfer and Advancement Act
This rulemaking does not involve technical standards. This action
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.
List of Subjects in 40 CFR Part 62
Environmental protection, Administrative practice and procedure,
Air pollution control, Incorporation by reference, Intergovernmental
relations, Reporting and recordkeeping requirements, Waste treatment
and disposal.
Dated: June 26, 2025.
Walter Mason,
Regional Administrator, Region 6.
For the reasons stated in the preamble, the Environmental
Protection Agency amends 40 CFR part 62 as follows:
PART 62--APPROVAL AND PROMULGATION OF STATE PLANS FOR DESIGNATED
FACILITIES AND POLLUTANTS
0
1. The authority citation for part 62 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart LL--Oklahoma
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2. Amend Sec. 62.9100 by revising paragraph (b)(4) to read as follows:
Sec. 62.9100 Identification of plan.
* * * * *
[[Page 29751]]
(b) * * *
(4) Control of landfill gas emissions from existing municipal solid
waste landfills, submitted by the Oklahoma Department of Environmental
Quality on April 30, 2024.
* * * * *
0
3. Revise Sec. 62.9160 to read as follows.
Sec. 62.9160 Oklahoma Department of Environmental Quality.
(a) Identification of plan. Control of air emissions from existing
municipal solid waste landfills, as adopted by the State of Oklahoma on
February 18, 2022, effective September 15, 2022, and submitted on April
30, 2024, by the Oklahoma Department of Environmental Quality (ODEQ)
Air Quality Division Director in a letter dated April 29, 2024. The
plan includes the regulatory provisions cited in paragraph (d) of this
section, which EPA incorporates by reference.
(b) Identification of sources. The plan, as adopted by the State of
Oklahoma on February 18, 2022, effective September 15, 2022, and
submitted on April 30, 2024, applies to existing municipal solid waste
landfills subject to the Municipal Solid Waste Landfills Emission
Guidelines, at 40 CFR part 60, subpart Cf, within its jurisdiction in
the State of Oklahoma.
(c) Effective Date. The effective date of the plan is August 6,
2025.
(d) Incorporation by reference. The material listed in this
paragraph (d) is incorporated by reference in this section with the
approval of the Director of the Federal Register under 5 U.S.C. 552(a)
and 1 CFR part 51. All approved incorporation by reference (IBR)
material is available for inspection at the EPA and at the National
Archives and Records Administration (NARA). Contact the EPA Region 6
office at 1201 Elm Street, Suite 500, Dallas, Texas 75270; phone 214-
665-2200. For information on the availability of this material at NARA,
visit <a href="http://www.archives.gov/federal-register/cfr/ibr-locations">www.archives.gov/federal-register/cfr/ibr-locations</a> or email
<a href="/cdn-cgi/l/email-protection#e48296ca8d8a97948187908d8b8aa48a859685ca838b92"><span class="__cf_email__" data-cfemail="dbbda9f5b2b5a8abbeb8afb2b4b59bb5baa9baf5bcb4ad">[email protected]</span></a>. The material may be obtained from the State of
Oklahoma, Secretary of State, Office of Administrative Rules, 421 NW
13th St. Suite 210, Oklahoma City, OK 73103, <a href="/cdn-cgi/l/email-protection#80efe1f2c0f3eff3aeefebaee7eff6"><span class="__cf_email__" data-cfemail="741b150634071b075a1b1f5a131b02">[email protected]</span></a>, <a href="https://www.rules.ok.gov/home">https://www.rules.ok.gov/home</a>.
(1) Oklahoma Administrative Code (OAC) Title 252. Department of
Environmental Quality, Chapter 100. Air Pollution Control, Subchapter
47. Control of Emissions from Existing Municipal Solid Waste Landfills,
effective September 15, 2022.
(2) [Reserved]
[FR Doc. 2025-12599 Filed 7-3-25; 8:45 am]
BILLING CODE 6560-50-P
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