New Source Performance Standards; Delegation of Authority to Oklahoma

<RULE> ENVIRONMENTAL PROTECTION AGENCY <CFR>40 CFR Part 60</CFR> <DEPDOC>[EPA-R06-OAR-2010-0580; FRL-12826-02-R6]</DEPDOC> <SUBJECT>New Source Performance Standards; Delegation of Authority to Oklahoma</SUBJECT> <HD SOURCE="HED">AGENCY:</HD> Environmental Protection Agency (EPA). <HD SOURCE="HED">ACTION:</HD> Final rule; notification of delegation. <SUM> <HD SOURCE="HED">SUMMARY:</HD> The Environmental Protection Agency (EPA) is approving updates to the Code of Federal Regulations that reflect Oklahoma's current New Source Performance Standards (NSPS) delegation status and the mailing address for the Oklahoma Department of Environmental Quality (ODEQ). The ODEQ submitted updated regulations for receiving delegation of EPA authority for implementation and enforcement of certain NSPS. The updated State regulations incorporate by reference certain NSPS promulgated by EPA, as they existed through June 30, 2023. The delegation of authority for implementation and enforcement applies to sources subject to the delegated NSPS, including those located in certain areas of Indian country as discussed herein. </SUM> <EFFDATE> <HD SOURCE="HED">DATES:</HD> This rule is effective on January 20, 2026. </EFFDATE> <HD SOURCE="HED">ADDRESSES:</HD> The EPA has established a docket for this action under Docket ID No. EPA-R06-OAR-2010-0580. 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> Clovis Steib, EPA Region 6 Office, Infrastructure and Ozone Section, Air and Radiation Division (ARSI), 214-665-7566, <E T="03">steib.clovis@epa.gov.</E> </FURINF> <SUPLINF> <HD SOURCE="HED">SUPPLEMENTARY INFORMATION:</HD> Throughout this document whenever “we,” “us,” or “our” is used, we mean the EPA. <HD SOURCE="HD1">I. Background</HD> The background for this action is discussed in detail in our July 7, 2025, proposal (90 FR 29826). In that document we proposed to approve updates to the delegation of NSPS to ODEQ. The delegation provides ODEQ with the primary responsibility to implement and enforce the delegated NSPS standards, as they existed through June 30, 2023. <HD SOURCE="HD1">II. Response to Comments</HD> EPA received two anonymous comments. One comment was deemed to be non-relevant to this action. The other comment requests EPA encourage ODEQ to consider carbon dioxide emissions as part of its broader regulatory and permitting context and in its implementation of NSPS standards. We thank the commenter for the comment but find the request to be beyond the scope of the current NSPS delegation. This action aims to approve ODEQ's requested updates to its current NSPS delegation, it does not speak to Oklahoma's broader regulatory scheme or alter the requirements of the delegated NSPS standards. As such, we are finalizing the NSPS delegations to ODEQ as proposed. <HD SOURCE="HD1">III. Impacts 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 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 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 finalizing an update to the Oklahoma NSPS delegation which will apply statewide in Oklahoma. Consistent with the EPA's SAFETEA approval, this NSPS delegation will apply to areas of Indian country pursuant to the SAFETEA approval, including to all Indian country in the State of Oklahoma other than the excluded Indian country lands as described above. <HD SOURCE="HD1">IV. Final Action</HD> EPA is taking final action to approve updates to the delegation of certain NSPS to ODEQ, and amending 40 CFR part 60 to (1) include a table of the specific NSPS provisions delegated to the ODEQ and (2) update the mailing address for the ODEQ for submittal of documents required under the delegated NSPS provisions, so as to provide the ODEQ with the authority to implement and enforce certain newly incorporated NSPS promulgated by the EPA and amendments to existing standards currently delegated, as they existed though June 30, 2023. <HD SOURCE="HD1">V. Statutory and Executive Order Reviews</HD> Under the CAA, EPA previously delegated to the ODEQ the authority to implement and enforce certain NSPS for sources located in Oklahoma, as provided for under 42 U.S.C. 7411(c)(1); <E T="03">see also</E> 40 CFR 60.4(b). Pursuant to the terms and conditions of that delegation, this action informs the public that EPA has found the ODEQ's October 28, 2024, request  <SU>1</SU> <FTREF/> to update the delegation status for NSPS standards meets Federal requirements and does not impose additional requirements beyond those imposed by State law. Through this action, EPA is proposing to add a table to 40 CFR part 60 listing the specific NSPS currently delegated to the ODEQ and update the ODEQ's address for submittal of documents required under the delegated NSPS provisions. <FTNT> <SU>1</SU>  The ODEQ previously submitted requests to EPA for updates to the Oklahoma NSPS delegation, by letters dated August 23, 2012, March 17, 2015, November 2, 2016, June 6, 2018 (revised with a subsequent June 29, 2018 letter), December 23, 2019, March 23, 2021 (revised with a subsequent September 14, 2021 email), December 2, 2021 (revised with a subsequent October 17, 2022 letter), October 17, 2022, and November 30, 2023. EPA determined that those requests met the requirements of the CAA and the 1982 and 1999 NSPS Delegations concerning the approval of EPA's delegation of authority for the enforcement and implementation of the NSPS in Oklahoma. EPA previously proposed an action on ODEQ's request to update its NSPS delegation (85 FR 31423, May 26, 2020); that proposed action was subsumed and incorporated into our July 7, 2025, re-proposal (90 FR 29826). </FTNT> For this action, a review of all applicable Statutory and Executive Orders are indicated as follows: <HD SOURCE="HD2">A. Executive Order 12866: Regulatory Planning and Review and Executive Order 13563: Improving Regulation and Regulatory 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 submitted to the Office of Management and Budget (OMB) for 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. 601 <E T="03">et seq.</E> ). This action approves the delegation of Federal rules as requested by the state agency and will therefore have no net regulatory burden for all directly regulated small entities. <HD SOURCE="HD2">E. Unfunded Mandates Reform Act (UMRA)</HD> This action does not contain an 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. <HD SOURCE="HD2">F. Executive Order 13132: Federalism</HD> This action does not have federalism implications as specified in Executive Order 13132 (6 ━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━ Preview showing 10k of 31k characters. Full document text is stored and available for version comparison. ━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━