State’s Air Quality Council to consider some “unnecessary” rules

 

 

Some major air quality rule changes will be considered next month when Oklahoma’s Air Quality Advisory Council meets in Oklahoma City.

During the October 16 meeting, the council members will update language in some rules and update some content to fit the latest changes to Environmental Protection Agency regulations.

“The gist of these rule proposals and the underlying reason for
the rulemaking is to incorporate the latest changes or additions to 40 C.F.R. Part 60, New Source Performance Standards (NSPS), 40 C.F.R. Parts 61 and 63, National Emission Standards for Hazardous Air Pollutants (NESHAP), and other EPA regulations…”, per the council’s agenda.

Two other areas were determined to be “obsolete.”

“During DEQ’s comprehensive rule review, Subchapter 11 and Subchapter 33 were both identified as being potentially obsolete and ineffective. The gist of this rule proposal and the underlying reason for the rulemaking is to implement the Executive Order by “streamlining state government” through revocation of
unnecessary rules.”

 

REGULAR MEETING/HEARING AGENDA
AIR QUALITY ADVISORY COUNCIL
October 16, 2025, 9:00 a.m.
Department of Environmental Quality
707 North Robinson Avenue
Oklahoma City, OK 73102

1. Call to Order – Laura Lodes, Chair

2. Roll Call – Quiana Fields

3. Approval of Minutes – July 30, 2025, Regular Meeting

4. Meeting Schedule for Calendar Year 2026 – Discussion and action by Council

5. Public Rulemaking Hearing
A. Chapter 100. Air Pollution Control
Subchapter 2. Incorporation by Reference [AMENDED]
Appendix Q. Incorporation by Reference [AMENDED]

The Department is proposing to update language in Subchapter 2, Incorporation by Reference, to reflect the latest date of incorporation of EPA regulations. The Department is also proposing to update the content in OAC 252:100, Appendix Q, Incorporation by Reference, to incorporate the latest changes to EPA regulations.

The gist of these rule proposals and the underlying reason for
the rulemaking is to incorporate the latest changes or additions to 40 C.F.R. Part 60, New Source Performance Standards (NSPS), 40 C.F.R. Parts 61 and 63, National Emission Standards for Hazardous Air Pollutants (NESHAP), and other EPA regulations referenced in Chapter 100

1. Presentation – Jared Milano, EPS, Rules & Planning Section, AQD

2. Questions and discussion by the Council

3. Questions, comments and discussion by the public

4. Discussion and possible action by the Council

B. Subchapter 11. Alternative Emissions Reduction Plans and Authorizations
[REVOKED]
252:100-11-1 [REVOKED]
252:100-11-2 [REVOKED]
252:100-11-3 [REVOKED]
252:100-11-4 [REVOKED]
252:100-11-5 [REVOKED]
252:100-11-6 [REVOKED]
252:100-11-7 [REVOKED]
Subchapter 33. Control of Emission of Nitrogen Oxides [REVOKED]
252:100-33-1 [REVOKED]
252:100-33-1.1 [REVOKED]
252:100-33-1.2 [REVOKED]
252:100-33-2 [REVOKED]

The Department is proposing to revoke Subchapter 11. Alternative Emissions Reduction Plans and Authorizations and Subchapter 33. Control of Emission of Nitrogen Oxides as they have been identified as outdated and ineffective. On February 3, 2020, Governor Stitt signed Executive Order 2020-03, which directed all state agencies to review “agency’s administrative rules to identify costly, ineffective, duplicative, and outdated regulations.”

During DEQ’s comprehensive rule review, Subchapter 11 and Subchapter 33 were both identified as being potentially obsolete and ineffective. The gist of this rule proposal and the underlying reason for the rulemaking is to implement the Executive Order by “streamlining state government” through revocation of
unnecessary rules.

1. Presentation – Christina Hagens, EPS, Rules & Planning Section, AQD

2. Questions and discussion by the Council

3. Questions, comments and discussion by the public

4. Discussion and possible action by the Council
C. Subchapter 49. Oklahoma Emission Reduction Technology Rebate Program
[AMENDED]
252:100-49-5 [AMENDED]
252:100-49-7 [AMENDED]
The Department is proposing to amend Subchapter 49, Oklahoma Emission Reduction Technology Rebate Program in OAC 252:100, to implement recent changes to applicable provisions of the
Oklahoma Emission Reduction Technology Incentive Act, 68 O.S. § 55006, et seq. DEQ and the Oklahoma Tax Commission jointly administer the “Oklahoma Emission Reduction Technology Rebate Program” to provide an incentive for “Emission Reduction Projects” – implementation of new and innovative technologies to reduce air pollutant emissions from oil and gas facilities. The gist of this rule proposal and the underlying reason for the rulemaking is to implement the Department’s continuing responsibilities under the Oklahoma Emission Reduction Technology Incentive Act as revised during the 2025 Oklahoma Legislative Session.

1. Presentation – Tom Richardson, P.E., Rules & Planning Section, AQD

2. Questions and discussion by the Council

3. Questions, comments and discussion by the public

4. Discussion and possible action by the Council

6. Presentation – Upcoming Proposed Changes to Chapter 4 – Jonathan Allen, General Counsel, Office of the General Counsel

7. Presentation – Fiscal Report – Administrative Services Division

8. Division Director’s Report – Kendal Stegmann, Division Director, AQD

9. New Business – Any matter not known about or which could not have been reasonably foreseen prior to the time of posting the agenda.

10. Adjournment – The next regular meeting is tentatively scheduled for Wednesday, April 22, 2026, in Oklahoma City, Oklahoma.