Read the full stored bill text
Req. No. 15431 Page 1
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
STATE OF OKLAHOMA
2nd Session of the 60th Legislature (2026)
HOUSE BILL 4413 By: Blancett
AS INTRODUCED
An Act relating to air emission standards; defining
terms; requiring municipal solid waste incinerators
to develop certain plan; listing emissions to sample
as part of plan; stating requirements of plan;
requiring plan contain certain description; requiring
submission of plan within certain time frame;
authorizing Department of Environmental Quality to
modify plan; requiring implementation of plan within
certain time frame; authorizing extension of certain
timeline; requiring the submission of certain
reports; limiting the amount of certain type of waste
which may be incinerated annually; providing for
codification; and providing an effective date.
BE IT ENACTED BY THE PEOPLE OF THE STATE OF OKLAHOMA:
SECTION 1. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 2-5-131 of Title 27A, unless
there is created a duplication in numbering, reads as follows:
A. As used in this section:
1. "Continuous automated sampling system" means the total
equipment and procedures for automated sample collection, sample
recovery, and analysis to determine an air contaminant concentration
Req. No. 15431 Page 2
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
or emission rate by collecting a single sample or multiple
integrated samples of the air contaminant for subsequent onsite or
offsite analysis.
2. "Continuous emissions monitoring system" means a monitoring
system for continuously measuring the emissions of an air
contaminant from an incinerator.
3. "Dioxin/furan" means tetra- through octa-chlorinated
dibenzo-p-dioxins and dibenzofurans.
4. "Municipal solid waste incinerator" means any facility
operated before, on, or after the effective date of this act for the
purpose of combusting municipal solid waste, regardless of whether
the facility is later reclassified as another type of waste
combustion facility.
B. 1. The owner or operator of a municipal solid waste
incinerator shall develop a plan to continuously monitor or sample
emissions of:
a. carbon monoxide,
b. sulfur dioxide,
c. nitrogen oxides,
d. opacity,
e. PCB,
f. dioxin/furan,
g. cadmium,
h. lead,
Req. No. 15431 Page 3
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
i. mercury,
j. arsenic,
k. total chromium,
l. manganese,
m. nickel,
n. selenium, and
o. zinc.
2. Where technologically feasible, the plan shall provide for
the use of a continuous emissions monitoring system to monitor the
air contaminants described in paragraph 1 of this subsection.
3. If it is not technologically feasible to use a continuous
emissions monitoring system to monitor an air contaminant described
in paragraph 1 of this subsection, the plan shall provide for the
use of a continuous automated sampling system to continuously sample
that air contaminant.
C. The plan shall describe how the owner or operator will:
1. Conduct continuous monitoring or sampling required by this
section for a period of twelve (12) consecutive months; and
2. Make emissions data available to the Department of
Environmental Quality and the public.
D. 1. The owner or operator of a municipal solid waste
facility shall submit the plan required by this section to the
Department no later than three (3) months after the effective date
of this act. Before approving the plan, the Department may make
Req. No. 15431 Page 4
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
such modifications to the plan as necessary to ensure the quality
and accuracy of sampling or monitoring data.
2. The owner or operator of a municipal solid waste incinerator
shall implement a plan approved by the Department no later than
three (3) months after the date of approval.
E. Notwithstanding subsection D of this section, the Department
may, at the Department's discretion, for good cause shown, extend
the three-month deadline for submitting or implementing the plan
required by this section.
F. No later than November 1, 2027, the Department of
Environmental Quality shall submit a report on the progress made in
implementing this section, including data received by the
Department, and may include recommendations for legislation, to the
Oklahoma House of Representatives and the Oklahoma State Senate
committees related to the environment.
G. No later than three (3) months after the completion of the
12-month period required by subsection C of this section, the
Department shall submit a report on the results of the continuous
monitoring or sampling conducted as indicated in this section, and
may include recommendations for legislation, to the Oklahoma House
of Representatives, and the Oklahoma State Senate committees related
to the environment.
Req. No. 15431 Page 5
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
SECTION 2. NEW LAW A new section of law to be codified
in the Oklahoma Statutes as Section 2-5-132 of Title 27A, unless
there is created a duplication in numbering, reads as follows:
A. As used in this section:
1. "Hospital, medical, or infectious waste" means hospital
waste or medical or infectious waste, as those terms are defined in
40 C.F.R., Section 60.51c, as in effect on the effective date of
this act.
2. "Municipal solid waste incinerator" means any facility
operated before, on, or after the effective date of this act for the
purpose of combusting municipal solid waste, regardless of whether
the facility is later reclassified as another type of waste
combustion facility.
B. A municipal solid waste incinerator may not combust more
than eighteen thousand (18,000) tons of hospital, medical, or
infectious waste during a single calendar year.
SECTION 3. This act shall become effective November 1, 2026.
60-2-15431 JBH 12/15/25