Approval and Promulgation of State Air Quality Plans for Designated Facilities and Pollutants; Oklahoma; Control of Emissions From Existing Municipal Solid Waste Landfills

<RULE> ENVIRONMENTAL PROTECTION AGENCY <CFR>40 CFR Part 62</CFR> <DEPDOC>[EPA-R06-OAR-2024-0232; FRL-12425-02-R6]</DEPDOC> <SUBJECT>Approval and Promulgation of State Air Quality Plans for Designated Facilities and Pollutants; Oklahoma; Control of Emissions From Existing Municipal Solid Waste Landfills</SUBJECT> <HD SOURCE="HED">AGENCY:</HD> Environmental Protection Agency (EPA). <HD SOURCE="HED">ACTION:</HD> Final rule. <SUM> <HD SOURCE="HED">SUMMARY:</HD> 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. </SUM> <EFFDATE> <HD SOURCE="HED">DATES:</HD> 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. </EFFDATE> <HD SOURCE="HED">ADDRESSES:</HD> 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 <E T="03">https://www.regulations.gov</E> website. Although listed in the index, some information is not publicly available, <E T="03">e.g.,</E> 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 <E T="03">https://www.regulations.gov.</E> <FURINF> <HD SOURCE="HED">FOR FURTHER INFORMATION CONTACT:</HD> Matthew Gesualdo, EPA Region 6 Office, Air and Radiation Division—State Planning and Implementation Branch, 214-665-6530, <E T="03">gesualdo.matthew@epa.gov.</E> Please call or email the contact listed above if you need alternative access to material indexed but not provided in the docket. </FURINF> <SUPLINF> <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD> Throughout this document “we,” “us,” and “our” means the EPA. <HD SOURCE="HD1">I. Background</HD> 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. <HD SOURCE="HD1">II. Response to Comments</HD> 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. <E T="03">Comment:</E> 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. <E T="03">Response:</E> 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. <HD SOURCE="HD1">III. Impact on Areas of Indian Country</HD> Following the U.S. Supreme Court decision in <E T="03">McGirt</E> v. <E T="03">Oklahoma,</E> 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. <HD SOURCE="HD1">IV. Final Action</HD> 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. <HD SOURCE="HD1">V. Incorporation by Reference</HD> 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 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 <E T="02">FOR FURTHER INFORMATION CONTACT</E> section of this preamble for more information). They are also available at: https:// <E T="03">www.regulations.gov.</E> 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. <HD SOURCE="HD1">VI. Statutory and Executive Order Reviews</HD> 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: <HD SOURCE="HD2">A. Executive Order 12866: Regulatory Planning and Review</HD> 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. <HD SOURCE="HD2">B. Executive Order 14192: Unleashing Prosperity Through Deregulation</HD> This action is not an Executive Order 14192 regulatory action because this action is not significant under Executive Order 12866. <HD SOURCE="HD2">C. Paperwork Reduction Act (PRA)</HD> This action does not impose an information collection burden under the PRA (44 U.S.C. 3501 <E T="03">et seq.</E> ) because it does not contain any information collection activities. <HD SOURCE="HD2">D. Regulatory Flexibility Act (RFA)</HD> 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 ━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━ Preview showing 10k of 17k characters. Full document text is stored and available for version comparison. ━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━