2026-01408Rule

Oklahoma Burns Barriers: EPA OKs Easier Outdoor Fires

Published Date: 1/26/2026

Rule

Summary

Oklahoma updated its air pollution rules to change how open burning is controlled, especially in Oklahoma City and Tulsa areas. The EPA approved these changes, which remove the need for special incinerators in some places and clarify the rules. These updates kick in on February 25, 2026, affecting businesses and residents who burn materials outdoors, with no new costs expected.

Analyzed Economic Effects

3 provisions identified: 2 benefits, 0 costs, 1 mixed.

Air‑curtain incinerator (ACI) rule changes

Oklahoma and the EPA changed the State Implementation Plan for open burning so the requirement to use an Air Curtain Incinerator (ACI) was removed for certain open burning operations in the Oklahoma City and Tulsa Metropolitan Statistical Areas and the requirement for ACI use is limited to Oklahoma and Tulsa counties. These revisions clarify when an ACI can be required for land clearing or for burning clean wood waste and yard brush and take effect February 25, 2026; the EPA says no new costs are expected.

SIP changes apply into Indian country (with exclusions)

The EPA's approval applies the Oklahoma open burning revisions statewide, including into areas of Indian country in Oklahoma, except for excluded Indian country lands described in the rule (Indian allotments under 18 U.S.C. 1151(c) with unextinguished title; lands held in trust by the United States for an individual Indian or Tribe; and certain fee lands owned by a Tribe under the treaty/never allotted criteria). The EPA also states this action will not impose substantial direct compliance costs on federally recognized tribal governments.

Revisions incorporated into federal SIP

The EPA incorporated the revised Oklahoma regulations for OAC 252:100, Subchapter 13 (Open Burning) into the Federal Implementation Plan, making them federally enforceable under Clean Air Act sections 110 and 113 as of February 25, 2026. The EPA states these approvals do not impose requirements beyond state law and were certified as not having a significant economic impact on a substantial number of small entities.

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Key Dates

Published Date
Rule Effective
1/26/2026
2/25/2026

Department and Agencies

Department
Independent Agency
Agency
Environmental Protection Agency
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