National Emission Standards for Hazardous Air Pollutants; Delegation of Authority to Oklahoma

<RULE> ENVIRONMENTAL PROTECTION AGENCY <CFR>40 CFR Parts 61 and 63</CFR> <DEPDOC>[EPA-R06-OAR-2020-0086; FRL-12761-02-R6]</DEPDOC> <SUBJECT>National Emission Standards for Hazardous Air Pollutants; Delegation of Authority to Oklahoma</SUBJECT> <HD SOURCE="HED">AGENCY:</HD> Environmental Protection Agency (EPA). <HD SOURCE="HED">ACTION:</HD> Final rule; notice of delegation. <SUM> <HD SOURCE="HED">SUMMARY:</HD> The Oklahoma Department of Environmental Quality (ODEQ) has submitted updated regulations for receiving delegation and approval of its program for the implementation and enforcement of certain National Emission Standards for Hazardous Air Pollutants (NESHAP) for all sources as provided for under previously approved delegation mechanisms. The updated State regulations incorporate by reference certain NESHAP promulgated by the Environmental Protection Agency (EPA) at parts 61 and 63, as they existed through June 30, 2023. The EPA is providing notice that it is taking final action to approve the delegation of certain NESHAP to ODEQ. The delegation of authority under this action applies to sources located in certain areas of Indian country as discussed herein. </SUM> <EFFDATE> <HD SOURCE="HED">DATES:</HD> This rule is effective on February 2, 2026. </EFFDATE> <HD SOURCE="HED">ADDRESSES:</HD> The EPA has established a docket for this action under Docket ID No. EPA-R06-OAR-2020-0086. 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 (CBI) 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 (ARSI), telephone number: (214) 665-7566, email address: <E T="03">steib.clovis@epa.gov.</E> </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 July 10, 2025, proposal (90 FR 30613). In that document we proposed to approve updating the delegation of certain NESHAP to ODEQ. The delegation provides ODEQ with the primary responsibility to implement and enforce the delegated standards, as they existed through June 30, 2023. <HD SOURCE="HD1">II. Response to Comments</HD> EPA received two anonymous public comments. One recommends EPA not delegate NESHAP implementation and enforcement authority to ODEQ on account of emissions from fossil fuels costing taxpayers. We thank the commenter for the comment but find it to be beyond the scope of this action. This action approves ODEQ's requested updates to its current NESHAP delegation, it does not speak to fossil fuel emissions more broadly, the appropriate regulatory mechanism for such emissions, or the cost associated with regulating the industry. The second comment recommends EPA encourage ODEQ to conduct integrated emissions planning that considers carbon dioxide emissions in addition to hazardous air pollutant (HAP) emissions. We thank the commenter for the comment but find the request to be beyond the scope of this action. As previously noted, this action approves ODEQ's requested updates to its current NESHAP delegation, it does not speak to Oklahoma's broader regulatory scheme or the regulation of emissions beyond HAPs. As such, we are finalizing the NESHAP delegation 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 NESHAP delegation which will apply statewide in Oklahoma. Consistent with the EPA's SAFETEA approval, this NESHAP 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 Oklahoma NESHAP delegation so as to provide the ODEQ with the authority to implement and enforce certain newly incorporated NESHAP promulgated by the EPA and amendments to existing standards currently delegated, as they existed through June 30, 2023. <HD SOURCE="HD1">V. Statutory and Executive Order Reviews</HD> Under the CAA, the Administrator has the authority to approve section 112(l) submissions that comply with the provisions of the Act and applicable Federal regulations. In reviewing section 112(l) submissions, the EPA's role is to approve State choices, provided that they meet the criteria and objectives of the CAA and of the EPA's implementing regulations. Accordingly, this action merely approves the State's request as meeting Federal requirements and does not impose additional requirements beyond those imposed by State law. 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 (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. <HD SOURCE="HD2">G. Executive Order 13175: Consultation and Coordination With Indian Tribal Governments</HD> This approval of ODEQ's request to update their NESHAP delegation 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 n ━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━━ Preview showing 10k of 34k characters. 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