Rule2026-01408
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
January 26, 2026
Effective
February 25, 2026
Issuing agencies
Environmental Protection Agency
Abstract
Pursuant to the Federal Clean Air Act (CAA or the Act), the Environmental Protection Agency (EPA) is approving revisions to the State Implementation Plan (SIP) for Oklahoma, submitted to the EPA by the State of Oklahoma designee ("the State") on November 22, 2024. The SIP revisions being finalized address amendments to Subchapter 13, Open Burning.
Full Text
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<title>Federal Register, Volume 91 Issue 16 (Monday, January 26, 2026)</title>
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[Federal Register Volume 91, Number 16 (Monday, January 26, 2026)]
[Rules and Regulations]
[Pages 3046-3048]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-01408]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R06-OAR-2025-0012; FRL-11140-02-R6]
Air Plan Approval; Oklahoma; Revisions to Air Pollution Control
Rules
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 revisions to the
State Implementation Plan (SIP) for Oklahoma, submitted to the EPA by
the State of Oklahoma designee (``the State'') on November 22, 2024.
The SIP revisions being finalized address amendments to Subchapter 13,
Open Burning.
DATES: This rule is effective on February 25, 2026.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. R06-OAR-2025-0012. 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: Mr. Emad Shahin, EPA Region 6 Office,
Infrastructure and Ozone Section, 214-665-6717, <a href="/cdn-cgi/l/email-protection#2152494049484f0f444c4045614451400f464e57"><span class="__cf_email__" data-cfemail="0e7d666f666760206b636f6a4e6b7e6f20696178">[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 July
7, 2025, proposal (90 FR 29818).\1\ In that document we proposed to
approve a portion of the revisions to the Oklahoma SIP submitted on
November 22, 2024. Our July 2025 proposal addressed only the portion of
the submittal that referred to the Oklahoma Administrative Code (OAC)
Title 252, Chapter 100 (denoted OAC 252:100), Subchapter 13.
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\1\ Henceforth referred to as our ``July 2025'' proposal.
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The revisions addressed in our July 2025 proposal concerned the
removal of the requirement for using an Air Curtain Incinerator (ACI)
for certain open burning operations in the Oklahoma City and Tulsa
Metropolitan Statistical Areas (MSAs), to limit the use of an ACI to
Oklahoma and Tulsa counties. The revisions also make administrative
type changes to add clarity and consistency to the Oklahoma SIP. The
revisions do not relax the current SIP rules and are consistent with
Federal regulations at 40 CFR part 60, 40 CFR part 61, 40 CFR part 63.
Therefore, and consistent with CAA section 110(l), we do not expect
these revisions to interfere with any applicable requirement concerning
attainment and reasonable further progress or any other applicable
requirement of the Act. More details on these revisions are provided in
the docket for this action.
Our July 2025 proposal provided a detailed description of the
revisions and the rationale for the EPA's proposed actions, together
with a discussion of the opportunity to comment. The public comment
period for our July 2025 proposal closed on August 6, 2025. We received
one anonymous public comment. The entirety of the public comment may be
found in the docket to this action. We offered consultation on our
proposed rulemaking to tribal governments that may be affected by this
action.\2\ We did not receive any requests for tribal consultation.
Below is a summary of the anonymous comment received and our response
to the comment.
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\2\ See invitation for consultation, dated June 26, 2025, in the
docket for this action.
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II. Response to Comments
Comment: The EPA's review does not adequately address the potential
for increased carbon dioxide (CO<INF>2</INF>) and other greenhouse gas
(GHG) emissions, the Oklahoma analysis provided does not appear to
include an evaluation of the potential GHG impacts, particularly from
the change in ACI requirements, and an overall environmental impact
must also consider the economic costs associated with increased
CO<INF>2</INF> emissions.
Response: EPA acknowledges receipt of the anonymous comment. While
we have reviewed and appreciate the commenter's comment, EPA is
required to review the state's SIP revision for compliance with
National Ambient Air Quality Standards (the NAAQS) and as explained in
the proposal, the state is currently attaining those NAAQS.
CO<INF>2</INF> is not an air quality standard covered, therefore the
comments pertaining to CO<INF>2</INF> are outside the scope of the
rulemaking.
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. 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 Environmental Quality v. EPA, 740 F.3d 185
(D.C. Cir. 2014).\3\
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\3\ In ODEQ v. EPA, the D.C. Circuit held that under the CAA,
states have the authority to implement a SIP in non-reservation
areas of Indian country in the state, unless there has been a
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 has approved Oklahoma's SAFETEA request to administer all
of the State's EPA-approved environmental regulatory programs 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 the EPA's prior approvals of Oklahoma's environmental programs
excluded Indian country, any such exclusions are
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superseded for the geographic areas of Indian country covered by the
EPA's approval of Oklahoma's SAFETEA request.\4\ 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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\4\ The 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 above, the EPA is approving revisions to the State
Implementation Plan (SIP) for Oklahoma, submitted to the EPA by the
State of Oklahoma designee (``the State'') on November 22, 2024. The
SIP revisions being approved address amendments to Subchapter 13, Open
Burning, which will apply statewide in Oklahoma. Consistent with the
D.C. Circuit's decision in ODEQ v. EPA and with the EPA's SAFETEA
approval, these SIP revisions will apply to areas of Indian country as
follows: (1) pursuant to the SAFETEA approval the SIP revisions will
apply to all 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 over which there has been no
demonstration of tribal authority.
IV. Final Action
We are approving portions of a SIP revision submitted to the EPA by
the State of Oklahoma on November 22, 2024. Specifically, we are
approving the revisions to OAC 252:100, Subchapters 13 (Open Burning).
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 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
approving these revisions in accordance with section 110 of the Act.
V. Incorporation by Reference
In this rule, the EPA is finalizing regulatory text that includes
incorporation by reference. In accordance with requirements of 1 CFR
51.5, the EPA is finalizing the incorporation by reference the
revisions to the Oklahoma regulations as described in Section IV of
this preamble, Final Action. The EPA has made, and will continue to
make, these materials generally available through <a href="http://www.regulations.gov">www.regulations.gov</a> a
(please contact the person identified in the FOR FURTHER INFORMATION
CONTACT section of this preamble for more information). Therefore,
these materials have been approved by EPA for inclusion in the SIP,
have been incorporated by reference by EPA into that plan, are fully
federally enforceable under sections 110 and 113 of the CAA as of the
effective date of the final rulemaking of EPA's approval, and will be
incorporated by reference in the next update to the SIP compilation.
VI. Statutory and Executive Order Reviews
Under the Clean Air Act, the Administrator is required to approve a
SIP submission that complies with the provisions of the Act and
applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a).
Thus, in reviewing SIP submissions, the EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act.
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;
<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 approval of revisions to the Oklahoma SIP that require using
an Air Curtain Incinerator (ACI) for certain open burning operations in
counties or areas within a county that are or have been designated as
non-attainment or where an ambient air quality monitor has documented a
violation of the NAAQS, or those counties with a population of greater
than 500,000 for land clearing operations or the burning of clean wood
waste or yard brush 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 and
Coordination with Indian Tribes (December 7, 2023), the EPA offered
consultation to tribal governments that may be affected by this action
in a letter dated June 26, 2025. The EPA did not receive any requests
for consultation.
This action is subject to the Congressional Review Act, and the EPA
will submit a rule report to each House of the Congress and to the
Comptroller General of the United States. This action is not a ``major
rule'' as defined by 5 U.S.C. 804(2).
Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by March 27, 2026. Filing a
petition for reconsideration by the Administrator of this final rule
does not affect the finality of this action for the purposes of
judicial review nor does it extend the time within which a
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petition for judicial review may be filed, and shall not postpone the
effectiveness of such rule or action. This action may not be challenged
later in proceedings to enforce its requirements. (See section
307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Incorporation by
reference, Particulate matter.
Dated: January 14, 2026.
Walter Mason,
Regional Administrator, Region 6.
For the reasons stated in the preamble, the Environmental
Protection Agency amends 40 CFR part 52 as follows:
PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart LL--Oklahoma
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2. In Sec. 52.1920, in the table in paragraph (c) titled ``EPA
Approved Oklahoma Regulations'', revise the entries for ``252:100-13-
7'' and ``252:100-13-8'' under ``Subchapter 13'' to read as follows:
Sec. 52.1920 Identification of plan.
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(c) * * *
EPA Approved Oklahoma Regulations
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State
State citation Title/ subject effective date EPA approval date Explanation
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Chapter 100 (OAC 252:100). Air Pollution Control
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Subchapter 13. Open Burning
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252:100-13-7................. Allowed open burning.... 9/15/2022 1/26/2026, 90 FR
[INSERT FEDERAL
REGISTER PAGE WHERE
THE DOCUMENT BEGINS].
252:100-13-8................. Use of air curtain 9/15/2022 1/26/2026, 90 FR
incinerators. [INSERT FEDERAL
REGISTER PAGE WHERE
THE DOCUMENT BEGINS].
* * * * * * *
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[FR Doc. 2026-01408 Filed 1-23-26; 8:45 am]
BILLING CODE 6560-50-P
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