Oklahoma: Final Authorization of State Hazardous Waste Management Program Revision, 5994-6001 [E9-2373]
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Federal Register / Vol. 74, No. 22 / Wednesday, February 4, 2009 / Rules and Regulations
demolition of structures on the property
(see paragraph (a)(1)(i) of this section).
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(ii) Actions covered by the proposed
categorical exclusion generally do not
involve extraordinary circumstances as
set out in paragraphs (b)(1) through
(b)(10) of this section and generally do
not require preparation of an EIS; and
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■ 4. Section 6.300(a) is revised to read
as follows:
§ 6.300
Applicability.
(a) This section applies to actions that
involve applications to EPA for permits
or assistance agreements, or request
other EPA approval.
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[FR Doc. E9–2353 Filed 2–3–09; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 271
[EPA–R06–RCRA–2008–0754; FRL–8767–9]
Oklahoma: Final Authorization of State
Hazardous Waste Management
Program Revision
AGENCY: Environmental Protection
Agency (EPA).
ACTION: Immediate final rule.
SUMMARY: Oklahoma has applied to the
EPA for Final authorization of the
changes to its hazardous waste program
under the Resource Conservation and
Recovery Act (RCRA). EPA has
determined that these changes satisfy all
requirements needed to qualify for Final
authorization, and is authorizing the
State’s changes through this immediate
final action. The EPA is publishing this
rule to authorize the changes without a
prior proposal because we believe this
action is not controversial and do not
expect comments that oppose it. Unless
we receive written comments which
oppose this authorization during the
comment period, the decision to
authorize Oklahoma’s changes to its
hazardous waste program will take
effect. If we receive comments that
oppose this action, we will publish a
document in the Federal Register
withdrawing this rule before it takes
effect, and a separate document in the
proposed rules section of this Federal
Register will serve as a proposal to
authorize the changes.
DATES: This final authorization will
become effective on April 6, 2009 unless
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the EPA receives adverse written
comment by March 6, 2009. If the EPA
receives such comment, it will publish
a timely withdrawal of this immediate
final rule in the Federal Register and
inform the public that this authorization
will not take effect.
ADDRESSES: Submit your comments by
one of the following methods:
1. Federal eRulemaking Portal: https://
www.regulations.gov. Follow the on-line
instructions for submitting comments.
2. E-mail: patterson.alima@epa.gov.
3. Mail: Alima Patterson, Region 6,
Regional Authorization Coordinator,
State/Tribal Oversight Section (6PD–O),
Multimedia Planning and Permitting
Division, EPA Region 6, 1445 Ross
Avenue, Dallas, Texas 75202–2733.
4. Hand Delivery or Courier. Deliver
your comments to Alima Patterson,
Region 6, Regional Authorization
Coordinator, State/Tribal Oversight
Section (6PD–O), Multimedia Planning
and Permitting Division, EPA Region 6,
1445 Ross Avenue, Dallas, Texas 75202–
2733.
Instructions: Do not submit
information that you consider to be CBI
or otherwise protected through
regulations.gov, or e-mail. The Federal
regulations.gov Web site is an
‘‘anonymous access’’ system, which
means the EPA will not know your
identity or contact information unless
you provide it in the body of your
comment. If you send an e-mail
comment directly to the EPA without
going through regulations.gov, your email address will be automatically
captured and included as part of the
comment that is placed in the public
docket and made available on the
Internet. If you submit an electronic
comment, the EPA recommends that
you include your name and other
contact information in the body of your
comment and with any disk or CD–ROM
you submit. If the EPA cannot read your
comment due to technical difficulties
and cannot contact you for clarification,
the EPA may not be able to consider
your comment. Electronic files should
avoid the use of special characters, any
form of encryption, and be free of any
defects or viruses.
You can view and copy Oklahoma’s
application and associated publicly
available materials from 8:30 a.m. to 4
p.m. Monday through Friday at the
following locations: Oklahoma
Department of Environmental Quality,
707 North Robinson, Oklahoma City,
Oklahoma 73101–1677, (405) 702–7180
and EPA, Region 6, 1445 Ross Avenue,
Dallas, Texas 75202–2733, phone
number (214) 665–8533. Interested
persons wanting to examine these
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documents should make an
appointment with the office at least two
weeks in advance.
FOR FURTHER INFORMATION CONTACT:
Alima Patterson, Region 6 Regional
Authorization Coordinator, State/Tribal
Oversight Section (6PD–O), Multimedia
Planning and Permitting Division, (214–
665–8533), EPA Region 1145 Ross
Avenue, Dallas, Texas 75202–2733, and
e-mail address
patterson.alima@epa.gov.
SUPPLEMENTARY INFORMATION:
A. Why Are Revisions to State
Programs Necessary?
States which have received final
authorization from the EPA under RCRA
section 3006(b), 42 U.S.C. 6926(b), must
maintain a hazardous waste program
that is equivalent to, consistent with,
and no less stringent than the Federal
program. As the Federal program
changes, States must change their
programs and ask the EPA to authorize
the changes. Changes to State programs
may be necessary when Federal or State
statutory or regulatory authority is
modified or when certain other changes
occur. Most commonly, States must
change their programs because of
changes to the EPA’s regulations in 40
Code of Federal Regulations (CFR) parts
124, 260 through 266, 268, 270, 273, and
279.
B. What Decisions Have We Made in
This Rule?
We conclude that Oklahoma’s
application to revise its authorized
program meets all of the statutory and
regulatory requirements established by
RCRA. Therefore, we grant Oklahoma
Final authorization to operate its
hazardous waste program with the
changes described in the authorization
application. Oklahoma has
responsibility for permitting treatment,
storage, and disposal facilities within its
borders and also section 10211(a) of the
Safe, Accountable, Flexible, Efficient
Transportation Equity Act of 2005
(‘‘SAFETEA’’), Public Law 109–59, 119
Statute (August 10, 2005) provides the
State of Oklahoma opportunity to
request approval from EPA to
administer RCRA subtitle C in Indian
Country and for carrying out the aspects
of the RCRA program described in its
revised program application, subject to
the limitations of the Hazardous and
Solid Waste Amendments of 1984
(HSWA). Oklahoma has not applied to
administer this program in Indian
Country pursuant to section 10211(a) of
SAFETEA. Therefore, EPA will
implement this program for all Indian
Country located within the boundaries
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of Oklahoma. New Federal requirements
and prohibitions imposed by Federal
regulations that the EPA promulgates
under the authority of HSWA take effect
in authorized States before they are
authorized for the requirements. Thus,
the EPA will implement those
requirements and prohibitions in
Oklahoma including issuing permits,
until the State is granted authorization
to do so.
C. What Is the Effect of Today’s
Authorization Decision?
The effect of this decision is that a
facility in Oklahoma subject to RCRA
will now have to comply with the
authorized State requirements instead of
the equivalent Federal requirements in
order to comply with RCRA. Oklahoma
has enforcement responsibilities under
its State hazardous waste program for
violations of such program, but the EPA
retains its authority under RCRA
sections 3007, 3008, 3013, and 7003,
which include, among others, authority
to:
• Do inspections, and require
monitoring, tests, analyses, or reports;
• Enforce RCRA requirements and
suspend or revoke permits and
• Take enforcement actions after
notice to and consultation with the
State.
This action does not impose
additional requirements on the
regulated community because the
regulations for which Oklahoma is being
authorized by today’s action are already
effective under State law, and are not
changed by today’s action.
D. Why Wasn’t There a Proposed Rule
Before Today’s Rule?
The EPA did not publish a proposal
before today’s rule because we view this
as a routine program change and do not
expect comments that oppose this
approval. We are providing an
opportunity for public comment now. In
addition to this rule, in the proposed
rules section of today’s Federal Register
we are publishing a separate document
that proposes to authorize the State
program changes.
E. What Happens If the EPA Receives
Comments That Oppose This Action?
If the EPA receives comments that
oppose this authorization, we will
withdraw this rule by publishing a
document in the Federal Register before
the rule becomes effective. The EPA will
base any further decision on the
authorization of the State program
changes on the proposal mentioned in
the previous paragraph. We will then
address all public comments in a later
final rule. You may not have another
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opportunity to comment. If you want to
comment on this authorization, you
must do so at this time. If we receive
comments that oppose only the
authorization of a particular change to
the State hazardous waste program, we
will withdraw only that part of this rule,
but the authorization of the program
changes that the comments do not
oppose will become effective on the
date specified in this document. The
Federal Register withdrawal document
will specify which part of the
authorization will become effective, and
which part is being withdrawn.
F. For What Has Oklahoma Previously
Been Authorized?
Oklahoma initially received final
Authorization on January 10, 1985, (49
FR 50362–50363) published December
27, 1984 to implement its base
hazardous waste management program.
We authorized the following revisions:
Oklahoma received authorization for
revisions to its program with
publication dates: April 17, 1990 (55 FR
14280–14282), effective June 18, 1990;
September 26, 1990 (55 FR 39274)
effective November 27, 1990; April 2,
1991 (56 FR 13411–13413) effective
June 3, 1991; September 20, 1991 (56 FR
47675–47677) effective November 19,
1991; September 29, 1993 (58 FR
50854–50856) effective November 29,
1993; October 12, 1993 (58 FR 52679–
52682) effective December 13, 1993;
October 7, 1994 (59 FR 51116–51122)
effective December 21, 1994; January 11,
1995 (60 FR 2699–2702) effective April
27, 1995; October 9, 1996 (61 FR 52884–
52886) effective December 23, 1996;
Technical Correction March 14, 1997
(62 FR 12100–12101) effective March
14, 1997; September 22, 1998 (63 FR
50528–50531) effective November 23,
1998; March 29, 2000 (65 FR 16528–
16532) effective May 30, 2000; May 10,
2000 (65 FR 29981–29985) effective
June 10, 2000; January 2, 2001 (66 FR
28–33) effective March 5, 2001 and
April 9, 2003 (68 FR 17308–17311)
effective June 9, 2003. The authorized
Oklahoma RCRA program was
incorporated by reference into the CFR
published on December 9, 1998 (63 FR
67800–67834) effective February 8,
1999, August 26, 1999 (64 FR 46567–
46571) effective October 25, 1999 and
August 27, 2003 (68 FR 51488–51492)
effective October 27, 2003. On March 1,
2005, and July 12, 2005, July 25, 2006,
and August 27, 2008. Oklahoma
submitted a final complete program
revision application seeking
authorization of its program revision in
accordance with 40 CFR 271.21.
The Oklahoma Hazardous Waste
Management Act (‘‘OHWMA’’) provides
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5995
the ODEQ with the authority to
administer the State Program, including
the authority and regulatory provisions
necessary to administer the provisions
of RCRA Clusters XI through XVII, and
designates the ODEQ as the State agency
to cooperate and share information with
EPA for purpose of hazardous waste
regulation. The Oklahoma
Environmental Quality Code (‘‘Code’’),
at 27 A O.S. Section 2–2–101,
establishes an Environmental Quality
(‘‘Board’’) as the rulemaking body for
the ODEQ, specifically charged with the
responsibility of promulgating rules to
implement the duties and
responsibilities of the ODEQ. The Code,
27A O.S. Section 2–2–201, also
establishes a Hazardous Waste
Management Advisory Council
(‘‘Council’’) with the authority to
recommend rules to the Board on behalf
of the ODEQ.
The Environmental Quality Act, at
27A O.S. Section 1–3–101(E), grants the
Oklahoma Corporation Commission
(‘‘OCC’’) authority to regulate certain
aspects of the oil and gas production
and transportation industry in
Oklahoma, including certain wastes
generated by pipelines, bulk fuel sales
terminals and certain tank farms, as well
as underground storage tanks. To clarify
areas of environmental jurisdiction, the
ODEQ and OCC developed a ODEQ/
OCC Jurisdictional Guidance Document
to identify respective areas of
jurisdiction. The current ODEQ/OCC
jurisdictional Guidance Document was
amended and signed on January 27,
1999. The revisions to the State Program
necessary to administer Clusters XI
through XVII will not affect the
jurisdictional authorities of the ODEQ or
OCC.
The Board adopted RCRA Cluster XI
amendments on March 1, 2002 and
became effective on June 13, 2002.
RCRA Cluster XII was adopted on
February 28, 2003 with effective date of
June 12, 2003. RCRA Cluster XIII
amended July 2004 and became
effective June 15, 2005, RCRA Clusters
XIV and XV was amended on November
15, 2005 and became effective June 15,
2006, and RCRA Clusters XVI through
XVII adopted and amended through
2007 and became effective July 1, 2008.
The rules were also codified at OAC
252:205 et seq.
Pursuant to 27A O.S. Section 2–2–
104, the State’s incorporation of Federal
regulations does not incorporate
prospectively future changes to the
incorporated sections of the 40 CFR, and
no other Oklahoma law or regulation
reduces the scope of coverage or
otherwise affects the authority provided
by these incorporated-by-reference
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provisions. Further, Oklahoma
interprets these incorporated provisions
to provide identical authority to the
Federal provisions. Thus, OAC 252:205–
3–1 through 252:205–3–6 provides
equivalent and no less stringent
authority than the Federal Subtitle C
program in effect July 1, 2002 through
July 1, 2007. The State of Oklahoma
incorporate by reference the provisions
of 40 Code of Federal Regulations (CFR)
parts 124.19(a) through (c), 124.19(e),
124.31, 124.32, 124.33, and Subpart G
(with exception of parts 124.1 and
124.2); 40 CFR parts 260 through 268,
273 and 279 (with the exception of parts
260.21, 261.4(b)(18), 262 Subparts E and
H, 264.1(f), 264.1(g)(12), 264.149,
264.150, 264.301(d), 264.1050(g),
265.1080(e), 264.1080(f), 264.1080(e),
265.1080(f), 265.1080(g), 268.5, 268.6,
268.13, 268.42(b), and 268.44(a) through
(g); 40 CFR part 270 (with the exception
of 270.1(c)(2)(ix) and 270.14(b)(18)).
Pursuant to the Oklahoma statutes
listed in this document, a single State
agency, the DEQ, has authority to
administer the provisions of the State
hazardous waste management program.
The DEQ remains the official agency of
the State of Oklahoma, as designated by
27A O.S. Section 2–7–105(13) to
cooperate with Federal agencies for
purposes of hazardous waste
regulations.
The OHWMA delegate authority to
the ODEQ to administer the State
hazardous waste program, including the
statutory and regulatory provisions
necessary to administer the RCRA
Clusters XI, through XVII. Pursuant to
27A O.S. Section 2–7–104, the
Executive Director has created the Land
Protection Division (‘‘LPD’’) to be
responsible for implementing the State
Program. The LPD is staffed with
personnel that have the technical
background and expertise to effectively
implement the provisions of the State
program subtitle C Hazardous Waste
Management program.
At the present, the Oklahoma
Corporation Commission (OCC)
regulates certain aspects of the oil and
gas production and transportation
industry in Oklahoma, including certain
waste generated by pipelines, bulk fuel
sales terminals and certain tank farms.
The ODEQ and the OCC have in place
a (ODEQ/OCC) Jurisdictional Guidance
Document that reflects the current state
of affairs between the two agencies. The
current ODEQ/OCC jurisdictional
Guidance Document was amended and
signed on January 27, 1999.
G. What Changes Are We Approving
With Today’s Action?
On March 1, 2005, July 12, 2005, July
25, 2006, and August 27, 2008, the State
of Oklahoma submitted a final complete
program applications, seeking
authorization of their changes in
accordance with 40 CFR 271.21. We
now make an immediate final decision,
subject to receipt of written comments
that oppose this action, that the State of
Oklahoma’s hazardous waste program
revision satisfies all of the requirements
necessary to qualify for final
authorization. The State of Oklahoma
revisions consist of regulations which
specifically govern Federal Hazardous
Waste revisions promulgated from July
1, 2002 through June 30, 2007 (RCRA
Clusters XI–XVII). Oklahoma
requirements are included in a chart
with this document.
Description of federal requirement
(include checklist #, if relevant)
Federal Register date and page
(and/or RCRA statutory authority)
Analogous state authority
1. NESHAPS: Final Standards for Hazardous
Air Pollutants for Hazardous Waste Combustors. (Checklist 188).
65 FR 42292 July 10, 2000 .............................
2. NESHAPS: Second Technical Correction,
Vacatur. (Checklist 188.1).
66 FR 24270 May 14, 2001 .............................
3. NESHAPS: Standards for Hazardous Air Pollutants for Hazardous Waste Combustors.
(Checklist 188.2).
66 FR 35087 July 3, 2001 ...............................
4. Deferral of Phase IV Standards for PCBs as
a Constituent Subject to Treatment in Soil.
(Checklist 190).
65 FR 81373 December 26, 2000 ...................
Oklahoma Statutes Title 27A of Environmental
Quality Act, Added by Laws 1994, effective
July 1, 1994 and Section 2–7–106 Added
by Laws 1981, effective July 1, 1981;
Amended by Laws 1993, effective July 1,
1993; Oklahoma Administrative Code Rules
252:205–3–1 through 252:205–3–6 amended March 1, 2002, as effective June 13,
2002.
Oklahoma Statutes Title 27A Section 2–2–104
Added by Laws 1994, effective July 1, 1994
and Section 2–7–106 Added by Laws 1981,
effective July 1, 1981; Amended by Laws
1993, effective July 1, 1993. Oklahoma Administrative Code Rules 252:205–3–1
through 252:205–3–6 amended March 1,
2002, as effective June 13, 2002.
Oklahoma Statutes Title 27A Section 2–2–104
Added by Laws 1994, effective July 1, 1994
and Section 2–7–106 Added by Laws 1981,
effective July 1, 1981; Amended by Laws
1993, effective July 1, 1993. Oklahoma Administrative Code Rules 252:205–3–1
through 252:205–3–6 amended March 1,
2002, as effective June 13, 2002.
Oklahoma Statutes Title 27A of Environmental
Quality Act, Added by Laws 1994, effective
July 1, 1994 and Section 2–7–106 Added
by Laws 1981, effective July 1, 1981;
Amended by Laws 1993, effective July 1,
1993; Oklahoma Administrative Code Rules
252:205–3–1 through 252:205–3–6 amended March 1, 2002, as effective June 13,
2002.
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5997
Description of federal requirement
(include checklist #, if relevant)
Federal Register date and page
(and/or RCRA statutory authority)
Analogous state authority
5. Storage Treatment, Transportation and Disposal of Mixed Waste. (Checklist 191).
66 FR 27218 May 16, 2001 .............................
6. Mixture and Derived-From Rules Revisions;
Land Disposal Restrictions Correction.
(Checklists 192A &192B).
66 FR 27266 May 16, 2001 .............................
7. Change of EPA Mailing Address; Additional
Technical Amendment and Corrections.
(Checklist 193).
66 FR 34374 June 28, 2001 ............................
Oklahoma Statutes Title 27A of Environmental
Quality Act, Added by Laws 1994, effective
July 1, 1994 and Section 2–7–106 Added
by Laws 1981, effective July 1, 1981;
Amended by Laws 1993, effective July 1,
1993; Oklahoma Administrative Code Rules
252:205–3–1 through 252:205–3–6 amended March 1, 2002, as effective June 13,
2002.
Oklahoma Statutes Title 27A of Environmental
Quality Act, Added by Laws 1994, effective
July 1, 1994 and Section 2–7–106 Added
by Laws 1981, effective July 1, 1981;
Amended by Laws 1993, effective July 1,
1993; Oklahoma Administrative Code Rules
252:205–3–1 through 252:205–3–6 amended March 1, 2002, as effective June 13,
2002.
Oklahoma Statutes Title 27A of Environmental
Quality Act, Added by Laws 1994, effective
July 1, 1994 and Section 2–7–106 Added
by Laws 1981, effective July 1, 1981;
Amended by Laws 1993, effective July 1,
1993; Oklahoma Administrative Code Rules
252:205–3–1 through 252:205–3–6 amended March 1, 2002, as effective June 13,
2002.
Oklahoma Statutes Title 27A of Environmental
Quality Act, Added by Laws 1994, effective
July 1, 1994 and Section 2–7–106 Added
by Laws 1981, effective July 1, 1981;
Amended by Laws 1993, effective July 1,
1993; Oklahoma Administrative Code Rules
252:205–3–1 through 252:205–3–6 amended February 28, 2003, as effective June 12,
2003.
Oklahoma Statutes Title 27A of Environmental
Quality Act, Added by Laws 1994, effective
July 1, 1994 and Section 2–7–106 Added
by Laws 1981, effective July 1, 1981;
Amended by Laws 1993, effective July 1,
1993; Oklahoma Administrative Code Rules
252:205–3–1 through 252:205–3–6 amended February 28, 2003, as effective June 12,
2003.
Oklahoma Statutes Title 27A of Environmental
Quality Act Sections 1–1–101, through 2–
3–507, 2–1–101, and 2–14–101, as amended through 2004; Oklahoma Administrative
Code Rules 252:205–3–1 through 252:205–
3–6, as amended February 28, 2003, effective June 12, 2003.
Oklahoma Statutes Title 27A of Environmental
Quality Act Sections 1–1–101, through 2–
3–507, 2–1–101, and 2–14–101, as amended through 2004; Oklahoma Administrative
Code Rules 252:205–3–1 through 252:205–
3–6, as amended February 28, 2003, effective June 12, 2003.
Oklahoma Statutes Title 27A of Environmental
Quality Act Sections 1–1–101, through 2–
3–507, 2–1–101, and 2–14–101, as amended through 2004; Oklahoma Administrative
Code Rules 252:205–3–1 through 252:205–
3–6, as amended February 28, 2003, effective June 12, 2003.
8. Corrective to the Hazardous Waste Identi- 66 FR 50332 October 3, 2001 .........................
fication Rule (HWIR); Revisions to the Mixture and Derived-From Rules. (Checklist 194).
9. Inorganic Chemical Manufacturing Wastes
Identification and Listing. (Checklist 195).
66 FR 58258 November 20, 2001 ...................
10. Corrective Action Management
Amendments. (Checklist 196).
Units
67 FR 2962 January 22, 2002 .........................
11. Hazardous Air Pollutant Standards for Combustors: Interim Standards. (Checklist 197).
67 FR 6792 February 13, 2002 .......................
12. Hazardous Air Pollutant Standards for Combustors; Corrections. (Checklist 198).
67 FR February 14, 2002 ................................
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Federal Register / Vol. 74, No. 22 / Wednesday, February 4, 2009 / Rules and Regulations
Description of federal requirement
(include checklist #, if relevant)
Federal Register date and page
(and/or RCRA statutory authority)
Analogous state authority
13. Vacatur of Mineral Processing Spent Materials Being Reclaimed as Solid Waste and
TCLP Use with MGP Waste. (Checklist 199).
67 FR 11251 March 13, 2002 .........................
14. Zinc Fertilizer Rule. (Checklist 200) .............
67 FR 48393 July 24, 2002 .............................
15. Treatment Variance for Radioactively Contaminated Batteries. (Checklist 201).
67 FR 62618 October 7, 2002 .........................
16. Hazardous Air Pollutant Standards for Combustors—Corrections 2. (Checklist 202).
67 FR 77687 December 19, 2002 ...................
17. Hazardous Waste Management System;
Identification and Listing of Hazardous
Waste; Recycled Used Oil Management
Standards Clarification. (Checklist 203).
68 FR 44659 September 29, 2003 ..................
18. National Environmental Performance Track
Program; Corrections. (Checklist 204 &
204.1).
69 FR 21727–21754 April 22, 2004; and 69
FR 62217 October 25, 2004.
19. National Emission Standards for Hazardous
Air Pollutants: Surface Coating of Automobiles and Light-Duty trucks; Final Rule
NESHAP. (Checklist 205).
69 FR 22601–22661 June 25, 2004 ................
20. Hazardous Waste—Nonwastes From Production of Dyes, Pigments and Food, Drug
and Cosmetic Colorants; Loading-Based listing; Final Rule. (Checklist 206 & 206.1).
70 FR 9138–9180 August 23, 2005; 70 FR
35032 June 13, 2005.
Oklahoma Statutes Title 27A of Environmental
Quality Act Sections 1–1–101, through 2–
3–507, 2–1–101, and 2–14–101, as amended through 2004; Oklahoma Administrative
Code Rules 252:205–3–1 through 252:205–
3–6, as amended February 28, 2003, effective June 12, 2003.
Oklahoma Statutes Title 27A of Environmental
Quality Act, Sections 1–1–101, through 2–
3–507, 2–1–101, and 2–14–101, as amended through 2004; Oklahoma Administrative
Codes
Rules
252:205–3–1
through
252:205–3–6, as amended July 2004;
252:205–3–2(c) effective June 15, 2005.
Oklahoma Statutes Title 27A of Environmental
Quality Act, Sections 1–1–101, through 2–
3–507, 2–1–101, and 2–14–101, as amended through 2004; Oklahoma Administrative
Codes
Rules
252:205–3–1
through
252:205–3–6, as amended July 2004;
252:205–3–2(i) effective June 15, 2005.
Oklahoma Statutes Title 27A of Environmental
Quality Act, Sections 1–1–101, through 2–
3–507, 2–1–101, and 2–14–101, as amended through 2004; Oklahoma Administrative
Codes
Rules
252:205–3–1
through
252:205–3–6, as amended July 2004;
252:205–3–2(j) effective June 15, 2005.
Oklahoma Statutes Title 27A of Environmental
Quality Act, Section 2–1–101, et seq., as
amended through 2005. Oklahoma Environmental Hazardous Waste Management Act
27A O.S. Section 2–27–101, et seq., as
amended through 2005. Oklahoma Administrative Code Rules 252:205–3–1, as
amended through 2005, effective June 15,
2006.
Oklahoma Statutes Title 27A of Environmental
Quality Act, Section 2–2–101, et seq., as
amended through 2005. Oklahoma Environmental Hazardous Waste Management Act
27A O.S. Section 2–7–101, et seq., as
amended through 2005. Oklahoma Environmental Permitting Act 27A O.S. Section 2–
14–101, et seq., as amended through 2005.
Oklahoma Administrative Code Rules
252:205–3–1, as amended through 2005,
effective June 15, 2006.
Oklahoma Statutes Title 27A of Environmental
Quality Act, Section 2–2–101, et seq., as
amended through 2005. Oklahoma Environmental Hazardous Waste Management Act
27A O.S. Section 2–7–101, et seq., as
amended through 2005. Oklahoma Environmental Permitting Act 27A O.S. Section 2–
14–101, et seq., as amended through 2005.
Oklahoma Administrative Code Rules
252:205–3–1, as amended through 2005,
effective June 15, 2006.
Oklahoma Statutes Title 27A of Environmental
Quality Act, Section 2–2–101, et seq., as
amended through 2005. Oklahoma Environmental Hazardous Waste Management Act
27A O.S. Section 2–7–101, et seq., as
amended through 2005. Oklahoma Environmental Permitting Act 27A O.S. Section 2–
14–101, et seq., as amended through 2005.
Oklahoma Administrative Code Rules
252:205–3–1, as amended through 2005,
effective June 15, 2006.
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5999
Description of federal requirement
(include checklist #, if relevant)
Federal Register date and page
(and/or RCRA statutory authority)
Analogous state authority
21. Uniform Hazardous Waste Manifest Rule.
(Checklist 207 & 207.1).
70 FR 10776–10825 March 4, 2005; 70 FR
35034 June 16, 2005.
22. Universal Waste Rule; Specific Provisions
for Mercury Containing Equipment. (Checklist
209).
70 FR 45508–45522 August 5, 2005 ..............
23. Hazardous Waste Management System;
Identification and Listing of Hazardous
Waste; Chlorinated Aliphatics Production
Waste; Land Disposal Restrictions for Newly
Identified Wastes; and CERCLA Hazardous
Substance Designation and Reportable
Quantities. (Checklist 189).
65 FR 67068 November 8, 2000 .....................
24. Standardized Permit for RCRA Hazardous
Waste Management Facilities. (Checklist
210).
70 FR 53420–53478 September 8, 2005 ........
25. Revisions of Wastewater Treatment Exemptions for Hazardous Waste Mixtures
(‘‘Headworks exemptions’’). (Checklist 211).
70 FR 57769–57785 October 4, 2005 .............
Oklahoma Statutes Title 27A of Environmental
Quality Act, Section 2–2–101, et seq., as
amended through 2005. Oklahoma Environmental Hazardous Waste Management Act
27A O.S. Section 2–7–101, et seq., as
amended through 2005. Oklahoma Environmental Permitting Act 27A O.S. Section 2–
14–101, et seq., as amended through 2005.
Oklahoma Administrative Code Rules
252:205–3–1, as amended through 2005,
effective June 15, 2006.
Oklahoma Statutes Title 27A of Environmental
Quality Act, Section 1–1–101, et seq, as
amended through 2007. Oklahoma Environmental Hazardous Waste Management Act
27A O.S. Section 2–7–101, et seq., as
amended through 2007. Oklahoma Environmental Permitting Act 27A O.S. Section 2–
14–101, et seq., as amended through 2007.
Oklahoma Administrative Code Rules
252:205–3–1 through 252:205–3–6, as
amended through 2007, effective July 1,
2008.
Oklahoma Statutes Title 27A of Environmental
Quality Act, Added by Laws 1994, effective
July 1, 1994 and Section 2–7–106 Added
by Laws 1981, effective July 1, 1981;
Amended by Laws 1993, effective July 1,
1993; Oklahoma Administrative Code Rules
252:205–3–1 through 252:205–3–6 amended March 1, 2002, as effective June 13,
2002.
Oklahoma Statutes Title 27A of Environmental
Quality Act, Section 1–1–101, et seq., as
amended through 2007. Oklahoma Environmental Hazardous Waste Management Act
27A O.S. Section 2–7–101, et seq., as
amended through 2007. Oklahoma Environmental Permitting Act 27A O.S. Section 2–
14–101, et seq., as amended through 2007.
Oklahoma Administrative Code 252:205–3–
1 through 252:205–3–6, as amended
through 2007, effective July 1, 2008.
Oklahoma Statutes Title 27A of Environmental
Quality Act, Section 1–1–101, et seq., as
amended through 2007. Oklahoma Environmental Hazardous Waste Management Act
27A O.S. Section 2–7–101, et seq., as
amended through 2007. Oklahoma Environmental Permitting Act 27A O.S. Section 2–
14–101, et seq., as amended through 2007.
Oklahoma Administrative Code Rules
252:205–3–1 through 252:205–3–6, as
amended through 2007, effective July 1,
2008.
Oklahoma Statutes Title 27A of Environmental
Quality Act, Section 1–1–101, et seq., as
amended through 2007. Oklahoma Environmental Hazardous Waste Management Act
27A O.S. Section 2–7–101, et seq., as
amended through 2007. Oklahoma Environmental Permitting Act 27A O.S. Section 2–
14–101, et seq., as amended through 2007.
Oklahoma Administrative Code Rules
252:205–3–1 through 252:205–3–6, as
amended through 2007, effective July 1,
2008.
26. NESHAP: Final Standards for Hazardous 70 FR 59402–59579 October 12, 2005 ...........
Waste Combustors (Phase I Final Replacement Standards and Phase II. (Checklist 212).
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6000
Federal Register / Vol. 74, No. 22 / Wednesday, February 4, 2009 / Rules and Regulations
Description of federal requirement
(include checklist #, if relevant)
Federal Register date and page
(and/or RCRA statutory authority)
Analogous state authority
27. Burden Reduction Initiative. (Checklist 213)
71 FR 16862–16915 April 4, 2006 ..................
28. Corrections to Errors in the Code of Federal
Regulations. (Checklist 214).
71 FR 40254–40280 July 4, 2006 ...................
29. Cathode Ray Tubes Rule. (Checklist 215) ..
71 FR 42928–42949 July 28, 2006 .................
Oklahoma Statutes Title 27A of Environmental
Quality Act, Section 1–1–101, et seq., as
amended through 2007. Oklahoma Environmental Hazardous Waste Management Act
27A O.S. Section 2–7–101, et seq., as
amended through 2007. Oklahoma Environmental Permitting Act 27A O.S. Section 2–
14–101, et seq., as amended through 2007.
Oklahoma Administrative Code Rules
252:205–3–1 through 252:205–3–6, as
amended through 2007, effective July 1,
2008.
Oklahoma Statutes Title 27A of Environmental
Quality Act, Section 1–1–101, et seq., as
amended through 2007. Oklahoma Environmental Hazardous Waste Management Act
27A O.S. Section 2–7–101, et seq., as
amended through 2007. Oklahoma Environmental Permitting Act 27A O.S. Section 2–
14–101, et seq., as amended through 2007.
Oklahoma Administrative Code Rules
252:205–3–1 through 252:205–3–6, as
amended through 2007, effective July 1,
2008.
Oklahoma Statutes Title 27A of Environmental
Quality Act, Section 1–1–101, et seq., as
amended through 2007. Oklahoma Environmental Hazardous Waste Management Act
27A O.S. Section 2–7–101, et seq., as
amended through 2007. Oklahoma Environmental Permitting Act 27A O.S. Section 2–
14–101, et seq., as amended through 2007.
Oklahoma Administrative Code Rules
252:205–3–1 through 252:205–3–6, as
amended through 2007, effective July 1,
2008.
H. Where Are the Revised State Rules
Different From the Federal Rules?
There are no State requirements that
are more stringent or broader in scope
than the Federal requirements.
I. Who Handles Permits After the
Authorization Takes Effect?
Oklahoma will issue permits for all
the provisions for which it is authorized
and will administer the permits it
issues. The EPA will continue to
administer any RCRA hazardous waste
permits or portions of permits which we
issued prior to the effective date of this
authorization. We will not issue any
more new permits or new portions of
permits except in Indian Country, or the
provisions listed in the Table in this
document after the effective date of this
authorization. The EPA will continue to
implement and issue permits for HSWA
requirements for which Oklahoma is not
yet authorized.
J. How Does Today’s Action Affect
Indian Country (8 U.S.C. 1151) in
Oklahoma?
The State of Oklahoma Hazardous
Program is not being authorized to
operate in Indian Country.
K. What Is Codification and Is the EPA
Codifying Oklahoma’s Hazardous
Waste Program as Authorized in This
Rule?
Codification is the process of placing
the State’s statutes and regulations that
comprise the State’s authorized
hazardous waste program into the CFR.
We do this by referencing the
authorized State rules in 40 CFR part
272. We reserve the amendment of 40
CFR part 272, subpart LL for this
authorization of Oklahoma’s program
changes until a later date. In this
authorization application the EPA is not
codifying the rules documented in this
Federal Register notice.
I. Administrative Requirements
The Office of Management and Budget
(OMB) has exempted this action from
the requirements of Executive Order
12866 (58 FR 51735, October 4, 1993),
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and therefore this action is not subject
to review by OMB. This action
authorizes State requirements for the
purpose of RCRA 3006 and imposes no
additional requirements beyond those
imposed by State law. Accordingly, I
certify that this action will not have a
significant economic impact on a
substantial number of small entities
under the Regulatory Flexibility Act (5
U.S.C. 601 et seq.). Because this action
authorizes preexisting requirements
under State law and does not impose
any additional enforceable duty beyond
that required by State law, it does not
contain any unfunded mandate or
significantly or uniquely affect small
governments, as described in the
Unfunded Mandates Reform Act of 1995
(Pub. L. 104–4). For the same reason,
this action also does not significantly or
uniquely affect the communities of
Tribal governments, as specified by
Executive Order 13175 (65 FR 67249,
November 9, 2000). This action 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
E:\FR\FM\04FER1.SGM
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Federal Register / Vol. 74, No. 22 / Wednesday, February 4, 2009 / Rules and Regulations
levels of government, as specified in
Executive Order 13132 (64 FR 43255,
August 10, 1999), because it merely
authorizes State requirements as part of
the State RCRA hazardous waste
program without altering the
relationship or the distribution of power
and responsibilities established by
RCRA. This action also is not subject to
Executive Order 13045 (62 FR 19885,
April 23, 1997), because it is not
economically significant and it does not
make decisions based on environmental
health or safety risks. This rule is not
subject to Executive Order 13211,
‘‘Actions Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use’’ (66 FR 28355 (May
22, 2001)) because it is not a significant
regulatory action under Executive Order
12866.
Under RCRA 3006(b), the EPA grants
a State’s application for authorization as
long as the State meets the criteria
required by RCRA. It would thus be
inconsistent with applicable law for the
EPA, when it reviews a State
authorization application, to require the
use of any particular voluntary
consensus standard in place of another
standard that otherwise satisfies the
requirements of RCRA. Thus, the
requirements of section 12(d) of the
National Technology Transfer and
Advancement Act of 1995 (15 U.S.C.
272 note) do not apply. As required by
section 3 of Executive Order 12988 (61
FR 4729, February 7, 1996), in issuing
this rule, the EPA has taken the
necessary steps to eliminate drafting
errors and ambiguity, minimize
potential litigation, and provide a clear
legal standard for affected conduct. The
EPA has complied with Executive Order
12630 (53 FR 8859, March 15, 1988) by
examining the takings implications of
the rule in accordance with the
‘‘Attorney General’s Supplemental
Guidelines for the Evaluation of Risk
and Avoidance of Unanticipated
Takings’’ issued under the Executive
Order. This rule does not impose an
information collection burden under the
provisions of the Paperwork Reduction
Act of 1995 (44 U.S.C. 3501 et seq.).
The Congressional Review Act, 5
U.S.C. 801 et seq., as added by the Small
Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a rule may take effect, the
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. The EPA will
submit a report containing this
document and other required
information to the U.S. Senate, the U.S.
House of Representatives, and the
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16:03 Feb 03, 2009
Jkt 217001
Comptroller General of the United
States prior to publication in the
Federal Register. A major rule cannot
take effect until 60 days after it is
published in the Federal Register. This
action is not a ‘‘major rule’’ as defined
by 5 U.S.C. 804(2). This action will be
effective April 6, 2009.
List of Subjects in 40 CFR Part 271
Environmental protection,
Administrative practice and procedure,
Confidential business information,
Hazardous waste, Hazardous waste
transportation, Indians—lands,
Intergovernmental relations, Penalties,
Reporting and recordkeeping
requirements.
Authority: This action is issued under the
authority of sections 2002(a), 3006, and
7004(b) of the Solid Waste Disposal Act as
amended 42 U.S.C. 6912(a), 6926, 6974(b).
Dated: November 7, 2008.
Richard E. Greene,
Regional Administrator, Region 6.
[FR Doc. E9–2373 Filed 2–3–09; 8:45 am]
BILLING CODE 6560–50–P
FEDERAL COMMUNICATIONS
COMMISSION
Community of License in the Radio
Broadcast Services 71 FR 76208,
published December 20, 2006. The full
text of this Commission decision is
available for inspection and copying
during regular business hours at the
FCC Reference Information Center,
Portals II, 445 12th Street, SW., Room
CY–A257, Washington, DC 20554. The
complete text of this decision may also
be purchased from the Commission’s
duplicating contractor, Best Copy and
Printing, Inc., 445 12th Street, SW.,
Room CY–B402, Washington, DC 20554,
telephone 1–800–378–3160 or https://
www.BCPIWEB.com. The Commission
will not send a copy of the Report &
Order in this proceeding pursuant to the
Congressional Review Act, see 5 U.S.C.
801(a)(1)(A), because the adopted rules
are rules of particular applicability.
List of Subjects in 47 CFR Part 73
Radio, Radio broadcasting.
■ As stated in the preamble, the Federal
Communications Commission amends
47 CFR Part 73 as follows:
PART 73—RADIO BROADCASTING
SERVICES
1. The authority citation for Part 73
continues to read as follows:
■
47 CFR Part 73
Authority: 47 U.S.C. 154, 303, 334, 336.
[DA 09–41]
§ 73.202
Radio Broadcasting Services; Various
Locations
AGENCY: Federal Communications
Commission.
ACTION: Final rule.
SUMMARY: The Commission, on its own
motion, editorially amends the Table of
FM Allotments to specify the
noncommercial educational (NCE)
‘‘star’’ designation for several FM
channels and classes as allotted to
various communities in several FM
allotment rulemaking proceedings.
DATES: Effective February 4, 2009.
FOR FURTHER INFORMATION CONTACT:
Rolanda F. Smith, Media Bureau, (202)
418–2180.
SUPPLEMENTARY INFORMATION: This is a
summary of the Commission’s Report
and Order, adopted January 14, 2009,
and released January 16, 2009. These
amendments are necessary to reflect
changes that have been authorized in
response to FM allotment rule making
proceedings to which the NCE ‘‘star’’
designation as listed for various
communities was inadvertently
removed from Section 73.202(b), FM
Table of Allotments by the Revision of
Procedures Governing Amendments to
FM Table of Allotments and Changes of
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[Amended]
2. Section 73.202(b), the Table of FM
Allotments under California, is
amended by removing Channel 277C3
and by adding Channel *277C3 at
McKinleyville.
■ 3. Section 73.202(b), the Table of FM
Allotments under Indiana, is amended
by removing Channel 291A and by
adding Channel *291A at Fowler; and
by removing Channel 298B and by
adding Channel *298B at Terre Haute.
■ 4. Section 73.202(b), the Table of FM
Allotments under New York, is
amended by removing Channel 221A
and by adding Channel *221A at
Amherst.
■ 5. Section 73.202(b), the Table of FM
Allotments under North Carolina, is
amended by removing Channel 237A
and by adding Channel *237A at
Dillsboro.
■ 6. Section 73.202(b), the Table of FM
Allotments under North Dakota, is
amended by removing Channel 264C
and by adding Channel *264C at
Berthold.
■ 7. Section 73.202(b), the Table of FM
Allotments under Pennsylvania, is
amended by removing Channel 227A
and by adding Channel *227A at
Susquehanna.
■ 8. Section 73.202(b), the Table of FM
Allotments under Virgin Islands, is
■
E:\FR\FM\04FER1.SGM
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]]>Agencies
[Federal Register Volume 74, Number 22 (Wednesday, February 4, 2009)]
[Rules and Regulations]
[Pages 5994-6001]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-2373]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 271
[EPA-R06-RCRA-2008-0754; FRL-8767-9]
Oklahoma: Final Authorization of State Hazardous Waste Management
Program Revision
AGENCY: Environmental Protection Agency (EPA).
ACTION: Immediate final rule.
-----------------------------------------------------------------------
SUMMARY: Oklahoma has applied to the EPA for Final authorization of the
changes to its hazardous waste program under the Resource Conservation
and Recovery Act (RCRA). EPA has determined that these changes satisfy
all requirements needed to qualify for Final authorization, and is
authorizing the State's changes through this immediate final action.
The EPA is publishing this rule to authorize the changes without a
prior proposal because we believe this action is not controversial and
do not expect comments that oppose it. Unless we receive written
comments which oppose this authorization during the comment period, the
decision to authorize Oklahoma's changes to its hazardous waste program
will take effect. If we receive comments that oppose this action, we
will publish a document in the Federal Register withdrawing this rule
before it takes effect, and a separate document in the proposed rules
section of this Federal Register will serve as a proposal to authorize
the changes.
DATES: This final authorization will become effective on April 6, 2009
unless the EPA receives adverse written comment by March 6, 2009. If
the EPA receives such comment, it will publish a timely withdrawal of
this immediate final rule in the Federal Register and inform the public
that this authorization will not take effect.
ADDRESSES: Submit your comments by one of the following methods:
1. Federal eRulemaking Portal: https://www.regulations.gov. Follow
the on-line instructions for submitting comments.
2. E-mail: patterson.alima@epa.gov.
3. Mail: Alima Patterson, Region 6, Regional Authorization
Coordinator, State/Tribal Oversight Section (6PD-O), Multimedia
Planning and Permitting Division, EPA Region 6, 1445 Ross Avenue,
Dallas, Texas 75202-2733.
4. Hand Delivery or Courier. Deliver your comments to Alima
Patterson, Region 6, Regional Authorization Coordinator, State/Tribal
Oversight Section (6PD-O), Multimedia Planning and Permitting Division,
EPA Region 6, 1445 Ross Avenue, Dallas, Texas 75202-2733.
Instructions: Do not submit information that you consider to be CBI
or otherwise protected through regulations.gov, or e-mail. The Federal
regulations.gov Web site is an ``anonymous access'' system, which means
the EPA will not know your identity or contact information unless you
provide it in the body of your comment. If you send an e-mail comment
directly to the EPA without going through regulations.gov, your e-mail
address will be automatically captured and included as part of the
comment that is placed in the public docket and made available on the
Internet. If you submit an electronic comment, the EPA recommends that
you include your name and other contact information in the body of your
comment and with any disk or CD-ROM you submit. If the EPA cannot read
your comment due to technical difficulties and cannot contact you for
clarification, the EPA may not be able to consider your comment.
Electronic files should avoid the use of special characters, any form
of encryption, and be free of any defects or viruses.
You can view and copy Oklahoma's application and associated
publicly available materials from 8:30 a.m. to 4 p.m. Monday through
Friday at the following locations: Oklahoma Department of Environmental
Quality, 707 North Robinson, Oklahoma City, Oklahoma 73101-1677, (405)
702-7180 and EPA, Region 6, 1445 Ross Avenue, Dallas, Texas 75202-2733,
phone number (214) 665-8533. Interested persons wanting to examine
these documents should make an appointment with the office at least two
weeks in advance.
FOR FURTHER INFORMATION CONTACT: Alima Patterson, Region 6 Regional
Authorization Coordinator, State/Tribal Oversight Section (6PD-O),
Multimedia Planning and Permitting Division, (214-665-8533), EPA Region
1145 Ross Avenue, Dallas, Texas 75202-2733, and e-mail address
patterson.alima@epa.gov.
SUPPLEMENTARY INFORMATION:
A. Why Are Revisions to State Programs Necessary?
States which have received final authorization from the EPA under
RCRA section 3006(b), 42 U.S.C. 6926(b), must maintain a hazardous
waste program that is equivalent to, consistent with, and no less
stringent than the Federal program. As the Federal program changes,
States must change their programs and ask the EPA to authorize the
changes. Changes to State programs may be necessary when Federal or
State statutory or regulatory authority is modified or when certain
other changes occur. Most commonly, States must change their programs
because of changes to the EPA's regulations in 40 Code of Federal
Regulations (CFR) parts 124, 260 through 266, 268, 270, 273, and 279.
B. What Decisions Have We Made in This Rule?
We conclude that Oklahoma's application to revise its authorized
program meets all of the statutory and regulatory requirements
established by RCRA. Therefore, we grant Oklahoma Final authorization
to operate its hazardous waste program with the changes described in
the authorization application. Oklahoma has responsibility for
permitting treatment, storage, and disposal facilities within its
borders and also section 10211(a) of the Safe, Accountable, Flexible,
Efficient Transportation Equity Act of 2005 (``SAFETEA''), Public Law
109-59, 119 Statute (August 10, 2005) provides the State of Oklahoma
opportunity to request approval from EPA to administer RCRA subtitle C
in Indian Country and for carrying out the aspects of the RCRA program
described in its revised program application, subject to the
limitations of the Hazardous and Solid Waste Amendments of 1984 (HSWA).
Oklahoma has not applied to administer this program in Indian Country
pursuant to section 10211(a) of SAFETEA. Therefore, EPA will implement
this program for all Indian Country located within the boundaries
[[Page 5995]]
of Oklahoma. New Federal requirements and prohibitions imposed by
Federal regulations that the EPA promulgates under the authority of
HSWA take effect in authorized States before they are authorized for
the requirements. Thus, the EPA will implement those requirements and
prohibitions in Oklahoma including issuing permits, until the State is
granted authorization to do so.
C. What Is the Effect of Today's Authorization Decision?
The effect of this decision is that a facility in Oklahoma subject
to RCRA will now have to comply with the authorized State requirements
instead of the equivalent Federal requirements in order to comply with
RCRA. Oklahoma has enforcement responsibilities under its State
hazardous waste program for violations of such program, but the EPA
retains its authority under RCRA sections 3007, 3008, 3013, and 7003,
which include, among others, authority to:
Do inspections, and require monitoring, tests, analyses,
or reports;
Enforce RCRA requirements and suspend or revoke permits
and
Take enforcement actions after notice to and consultation
with the State.
This action does not impose additional requirements on the
regulated community because the regulations for which Oklahoma is being
authorized by today's action are already effective under State law, and
are not changed by today's action.
D. Why Wasn't There a Proposed Rule Before Today's Rule?
The EPA did not publish a proposal before today's rule because we
view this as a routine program change and do not expect comments that
oppose this approval. We are providing an opportunity for public
comment now. In addition to this rule, in the proposed rules section of
today's Federal Register we are publishing a separate document that
proposes to authorize the State program changes.
E. What Happens If the EPA Receives Comments That Oppose This Action?
If the EPA receives comments that oppose this authorization, we
will withdraw this rule by publishing a document in the Federal
Register before the rule becomes effective. The EPA will base any
further decision on the authorization of the State program changes on
the proposal mentioned in the previous paragraph. We will then address
all public comments in a later final rule. You may not have another
opportunity to comment. If you want to comment on this authorization,
you must do so at this time. If we receive comments that oppose only
the authorization of a particular change to the State hazardous waste
program, we will withdraw only that part of this rule, but the
authorization of the program changes that the comments do not oppose
will become effective on the date specified in this document. The
Federal Register withdrawal document will specify which part of the
authorization will become effective, and which part is being withdrawn.
F. For What Has Oklahoma Previously Been Authorized?
Oklahoma initially received final Authorization on January 10,
1985, (49 FR 50362-50363) published December 27, 1984 to implement its
base hazardous waste management program. We authorized the following
revisions: Oklahoma received authorization for revisions to its program
with publication dates: April 17, 1990 (55 FR 14280-14282), effective
June 18, 1990; September 26, 1990 (55 FR 39274) effective November 27,
1990; April 2, 1991 (56 FR 13411-13413) effective June 3, 1991;
September 20, 1991 (56 FR 47675-47677) effective November 19, 1991;
September 29, 1993 (58 FR 50854-50856) effective November 29, 1993;
October 12, 1993 (58 FR 52679-52682) effective December 13, 1993;
October 7, 1994 (59 FR 51116-51122) effective December 21, 1994;
January 11, 1995 (60 FR 2699-2702) effective April 27, 1995; October 9,
1996 (61 FR 52884-52886) effective December 23, 1996; Technical
Correction March 14, 1997 (62 FR 12100-12101) effective March 14, 1997;
September 22, 1998 (63 FR 50528-50531) effective November 23, 1998;
March 29, 2000 (65 FR 16528-16532) effective May 30, 2000; May 10, 2000
(65 FR 29981-29985) effective June 10, 2000; January 2, 2001 (66 FR 28-
33) effective March 5, 2001 and April 9, 2003 (68 FR 17308-17311)
effective June 9, 2003. The authorized Oklahoma RCRA program was
incorporated by reference into the CFR published on December 9, 1998
(63 FR 67800-67834) effective February 8, 1999, August 26, 1999 (64 FR
46567-46571) effective October 25, 1999 and August 27, 2003 (68 FR
51488-51492) effective October 27, 2003. On March 1, 2005, and July 12,
2005, July 25, 2006, and August 27, 2008. Oklahoma submitted a final
complete program revision application seeking authorization of its
program revision in accordance with 40 CFR 271.21.
The Oklahoma Hazardous Waste Management Act (``OHWMA'') provides
the ODEQ with the authority to administer the State Program, including
the authority and regulatory provisions necessary to administer the
provisions of RCRA Clusters XI through XVII, and designates the ODEQ as
the State agency to cooperate and share information with EPA for
purpose of hazardous waste regulation. The Oklahoma Environmental
Quality Code (``Code''), at 27 A O.S. Section 2-2-101, establishes an
Environmental Quality (``Board'') as the rulemaking body for the ODEQ,
specifically charged with the responsibility of promulgating rules to
implement the duties and responsibilities of the ODEQ. The Code, 27A
O.S. Section 2-2-201, also establishes a Hazardous Waste Management
Advisory Council (``Council'') with the authority to recommend rules to
the Board on behalf of the ODEQ.
The Environmental Quality Act, at 27A O.S. Section 1-3-101(E),
grants the Oklahoma Corporation Commission (``OCC'') authority to
regulate certain aspects of the oil and gas production and
transportation industry in Oklahoma, including certain wastes generated
by pipelines, bulk fuel sales terminals and certain tank farms, as well
as underground storage tanks. To clarify areas of environmental
jurisdiction, the ODEQ and OCC developed a ODEQ/OCC Jurisdictional
Guidance Document to identify respective areas of jurisdiction. The
current ODEQ/OCC jurisdictional Guidance Document was amended and
signed on January 27, 1999. The revisions to the State Program
necessary to administer Clusters XI through XVII will not affect the
jurisdictional authorities of the ODEQ or OCC.
The Board adopted RCRA Cluster XI amendments on March 1, 2002 and
became effective on June 13, 2002. RCRA Cluster XII was adopted on
February 28, 2003 with effective date of June 12, 2003. RCRA Cluster
XIII amended July 2004 and became effective June 15, 2005, RCRA
Clusters XIV and XV was amended on November 15, 2005 and became
effective June 15, 2006, and RCRA Clusters XVI through XVII adopted and
amended through 2007 and became effective July 1, 2008. The rules were
also codified at OAC 252:205 et seq.
Pursuant to 27A O.S. Section 2-2-104, the State's incorporation of
Federal regulations does not incorporate prospectively future changes
to the incorporated sections of the 40 CFR, and no other Oklahoma law
or regulation reduces the scope of coverage or otherwise affects the
authority provided by these incorporated-by-reference
[[Page 5996]]
provisions. Further, Oklahoma interprets these incorporated provisions
to provide identical authority to the Federal provisions. Thus, OAC
252:205-3-1 through 252:205-3-6 provides equivalent and no less
stringent authority than the Federal Subtitle C program in effect July
1, 2002 through July 1, 2007. The State of Oklahoma incorporate by
reference the provisions of 40 Code of Federal Regulations (CFR) parts
124.19(a) through (c), 124.19(e), 124.31, 124.32, 124.33, and Subpart G
(with exception of parts 124.1 and 124.2); 40 CFR parts 260 through
268, 273 and 279 (with the exception of parts 260.21, 261.4(b)(18), 262
Subparts E and H, 264.1(f), 264.1(g)(12), 264.149, 264.150, 264.301(d),
264.1050(g), 265.1080(e), 264.1080(f), 264.1080(e), 265.1080(f),
265.1080(g), 268.5, 268.6, 268.13, 268.42(b), and 268.44(a) through
(g); 40 CFR part 270 (with the exception of 270.1(c)(2)(ix) and
270.14(b)(18)).
Pursuant to the Oklahoma statutes listed in this document, a single
State agency, the DEQ, has authority to administer the provisions of
the State hazardous waste management program. The DEQ remains the
official agency of the State of Oklahoma, as designated by 27A O.S.
Section 2-7-105(13) to cooperate with Federal agencies for purposes of
hazardous waste regulations.
The OHWMA delegate authority to the ODEQ to administer the State
hazardous waste program, including the statutory and regulatory
provisions necessary to administer the RCRA Clusters XI, through XVII.
Pursuant to 27A O.S. Section 2-7-104, the Executive Director has
created the Land Protection Division (``LPD'') to be responsible for
implementing the State Program. The LPD is staffed with personnel that
have the technical background and expertise to effectively implement
the provisions of the State program subtitle C Hazardous Waste
Management program.
At the present, the Oklahoma Corporation Commission (OCC) regulates
certain aspects of the oil and gas production and transportation
industry in Oklahoma, including certain waste generated by pipelines,
bulk fuel sales terminals and certain tank farms. The ODEQ and the OCC
have in place a (ODEQ/OCC) Jurisdictional Guidance Document that
reflects the current state of affairs between the two agencies. The
current ODEQ/OCC jurisdictional Guidance Document was amended and
signed on January 27, 1999.
G. What Changes Are We Approving With Today's Action?
On March 1, 2005, July 12, 2005, July 25, 2006, and August 27,
2008, the State of Oklahoma submitted a final complete program
applications, seeking authorization of their changes in accordance with
40 CFR 271.21. We now make an immediate final decision, subject to
receipt of written comments that oppose this action, that the State of
Oklahoma's hazardous waste program revision satisfies all of the
requirements necessary to qualify for final authorization. The State of
Oklahoma revisions consist of regulations which specifically govern
Federal Hazardous Waste revisions promulgated from July 1, 2002 through
June 30, 2007 (RCRA Clusters XI-XVII). Oklahoma requirements are
included in a chart with this document.
----------------------------------------------------------------------------------------------------------------
Description of federal requirement Federal Register date and
(include checklist , if page (and/or RCRA statutory Analogous state authority
relevant) authority)
----------------------------------------------------------------------------------------------------------------
1. NESHAPS: Final Standards for 65 FR 42292 July 10, 2000.... Oklahoma Statutes Title 27A of
Hazardous Air Pollutants for Environmental Quality Act, Added by Laws
Hazardous Waste Combustors. 1994, effective July 1, 1994 and Section
(Checklist 188). 2-7-106 Added by Laws 1981, effective
July 1, 1981; Amended by Laws 1993,
effective July 1, 1993; Oklahoma
Administrative Code Rules 252:205-3-1
through 252:205-3-6 amended March 1,
2002, as effective June 13, 2002.
2. NESHAPS: Second Technical 66 FR 24270 May 14, 2001..... Oklahoma Statutes Title 27A Section 2-2-
Correction, Vacatur. (Checklist 104 Added by Laws 1994, effective July 1,
188.1). 1994 and Section 2-7-106 Added by Laws
1981, effective July 1, 1981; Amended by
Laws 1993, effective July 1, 1993.
Oklahoma Administrative Code Rules
252:205-3-1 through 252:205-3-6 amended
March 1, 2002, as effective June 13,
2002.
3. NESHAPS: Standards for Hazardous 66 FR 35087 July 3, 2001..... Oklahoma Statutes Title 27A Section 2-2-
Air Pollutants for Hazardous Waste 104 Added by Laws 1994, effective July 1,
Combustors. (Checklist 188.2). 1994 and Section 2-7-106 Added by Laws
1981, effective July 1, 1981; Amended by
Laws 1993, effective July 1, 1993.
Oklahoma Administrative Code Rules
252:205-3-1 through 252:205-3-6 amended
March 1, 2002, as effective June 13,
2002.
4. Deferral of Phase IV Standards for 65 FR 81373 December 26, 2000 Oklahoma Statutes Title 27A of
PCBs as a Constituent Subject to Environmental Quality Act, Added by Laws
Treatment in Soil. (Checklist 190). 1994, effective July 1, 1994 and Section
2-7-106 Added by Laws 1981, effective
July 1, 1981; Amended by Laws 1993,
effective July 1, 1993; Oklahoma
Administrative Code Rules 252:205-3-1
through 252:205-3-6 amended March 1,
2002, as effective June 13, 2002.
[[Page 5997]]
5. Storage Treatment, Transportation 66 FR 27218 May 16, 2001..... Oklahoma Statutes Title 27A of
and Disposal of Mixed Waste. Environmental Quality Act, Added by Laws
(Checklist 191). 1994, effective July 1, 1994 and Section
2-7-106 Added by Laws 1981, effective
July 1, 1981; Amended by Laws 1993,
effective July 1, 1993; Oklahoma
Administrative Code Rules 252:205-3-1
through 252:205-3-6 amended March 1,
2002, as effective June 13, 2002.
6. Mixture and Derived-From Rules 66 FR 27266 May 16, 2001..... Oklahoma Statutes Title 27A of
Revisions; Land Disposal Environmental Quality Act, Added by Laws
Restrictions Correction. (Checklists 1994, effective July 1, 1994 and Section
192A &192B). 2-7-106 Added by Laws 1981, effective
July 1, 1981; Amended by Laws 1993,
effective July 1, 1993; Oklahoma
Administrative Code Rules 252:205-3-1
through 252:205-3-6 amended March 1,
2002, as effective June 13, 2002.
7. Change of EPA Mailing Address; 66 FR 34374 June 28, 2001.... Oklahoma Statutes Title 27A of
Additional Technical Amendment and Environmental Quality Act, Added by Laws
Corrections. (Checklist 193). 1994, effective July 1, 1994 and Section
2-7-106 Added by Laws 1981, effective
July 1, 1981; Amended by Laws 1993,
effective July 1, 1993; Oklahoma
Administrative Code Rules 252:205-3-1
through 252:205-3-6 amended March 1,
2002, as effective June 13, 2002.
8. Corrective to the Hazardous Waste 66 FR 50332 October 3, 2001.. Oklahoma Statutes Title 27A of
Identification Rule (HWIR); Environmental Quality Act, Added by Laws
Revisions to the Mixture and Derived- 1994, effective July 1, 1994 and Section
From Rules. (Checklist 194). 2-7-106 Added by Laws 1981, effective
July 1, 1981; Amended by Laws 1993,
effective July 1, 1993; Oklahoma
Administrative Code Rules 252:205-3-1
through 252:205-3-6 amended February 28,
2003, as effective June 12, 2003.
9. Inorganic Chemical Manufacturing 66 FR 58258 November 20, 2001 Oklahoma Statutes Title 27A of
Wastes Identification and Listing. Environmental Quality Act, Added by Laws
(Checklist 195). 1994, effective July 1, 1994 and Section
2-7-106 Added by Laws 1981, effective
July 1, 1981; Amended by Laws 1993,
effective July 1, 1993; Oklahoma
Administrative Code Rules 252:205-3-1
through 252:205-3-6 amended February 28,
2003, as effective June 12, 2003.
10. Corrective Action Management 67 FR 2962 January 22, 2002.. Oklahoma Statutes Title 27A of
Units Amendments. (Checklist 196). Environmental Quality Act Sections 1-1-
101, through 2-3-507, 2-1-101, and 2-14-
101, as amended through 2004; Oklahoma
Administrative Code Rules 252:205-3-1
through 252:205-3-6, as amended February
28, 2003, effective June 12, 2003.
11. Hazardous Air Pollutant Standards 67 FR 6792 February 13, 2002. Oklahoma Statutes Title 27A of
for Combustors: Interim Standards. Environmental Quality Act Sections 1-1-
(Checklist 197). 101, through 2-3-507, 2-1-101, and 2-14-
101, as amended through 2004; Oklahoma
Administrative Code Rules 252:205-3-1
through 252:205-3-6, as amended February
28, 2003, effective June 12, 2003.
12. Hazardous Air Pollutant Standards 67 FR February 14, 2002...... Oklahoma Statutes Title 27A of
for Combustors; Corrections. Environmental Quality Act Sections 1-1-
(Checklist 198). 101, through 2-3-507, 2-1-101, and 2-14-
101, as amended through 2004; Oklahoma
Administrative Code Rules 252:205-3-1
through 252:205-3-6, as amended February
28, 2003, effective June 12, 2003.
[[Page 5998]]
13. Vacatur of Mineral Processing 67 FR 11251 March 13, 2002... Oklahoma Statutes Title 27A of
Spent Materials Being Reclaimed as Environmental Quality Act Sections 1-1-
Solid Waste and TCLP Use with MGP 101, through 2-3-507, 2-1-101, and 2-14-
Waste. (Checklist 199). 101, as amended through 2004; Oklahoma
Administrative Code Rules 252:205-3-1
through 252:205-3-6, as amended February
28, 2003, effective June 12, 2003.
14. Zinc Fertilizer Rule. (Checklist 67 FR 48393 July 24, 2002.... Oklahoma Statutes Title 27A of
200). Environmental Quality Act, Sections 1-1-
101, through 2-3-507, 2-1-101, and 2-14-
101, as amended through 2004; Oklahoma
Administrative Codes Rules 252:205-3-1
through 252:205-3-6, as amended July
2004; 252:205-3-2(c) effective June 15,
2005.
15. Treatment Variance for 67 FR 62618 October 7, 2002.. Oklahoma Statutes Title 27A of
Radioactively Contaminated Environmental Quality Act, Sections 1-1-
Batteries. (Checklist 201). 101, through 2-3-507, 2-1-101, and 2-14-
101, as amended through 2004; Oklahoma
Administrative Codes Rules 252:205-3-1
through 252:205-3-6, as amended July
2004; 252:205-3-2(i) effective June 15,
2005.
16. Hazardous Air Pollutant Standards 67 FR 77687 December 19, 2002 Oklahoma Statutes Title 27A of
for Combustors--Corrections 2. Environmental Quality Act, Sections 1-1-
(Checklist 202). 101, through 2-3-507, 2-1-101, and 2-14-
101, as amended through 2004; Oklahoma
Administrative Codes Rules 252:205-3-1
through 252:205-3-6, as amended July
2004; 252:205-3-2(j) effective June 15,
2005.
17. Hazardous Waste Management 68 FR 44659 September 29, Oklahoma Statutes Title 27A of
System; Identification and Listing 2003. Environmental Quality Act, Section 2-1-
of Hazardous Waste; Recycled Used 101, et seq., as amended through 2005.
Oil Management Standards Oklahoma Environmental Hazardous Waste
Clarification. (Checklist 203). Management Act 27A O.S. Section 2-27-101,
et seq., as amended through 2005.
Oklahoma Administrative Code Rules
252:205-3-1, as amended through 2005,
effective June 15, 2006.
18. National Environmental 69 FR 21727-21754 April 22, Oklahoma Statutes Title 27A of
Performance Track Program; 2004; and 69 FR 62217 Environmental Quality Act, Section 2-2-
Corrections. (Checklist 204 & 204.1). October 25, 2004. 101, et seq., as amended through 2005.
Oklahoma Environmental Hazardous Waste
Management Act 27A O.S. Section 2-7-101,
et seq., as amended through 2005.
Oklahoma Environmental Permitting Act 27A
O.S. Section 2-14-101, et seq., as
amended through 2005. Oklahoma
Administrative Code Rules 252:205-3-1, as
amended through 2005, effective June 15,
2006.
19. National Emission Standards for 69 FR 22601-22661 June 25, Oklahoma Statutes Title 27A of
Hazardous Air Pollutants: Surface 2004. Environmental Quality Act, Section 2-2-
Coating of Automobiles and Light- 101, et seq., as amended through 2005.
Duty trucks; Final Rule NESHAP. Oklahoma Environmental Hazardous Waste
(Checklist 205). Management Act 27A O.S. Section 2-7-101,
et seq., as amended through 2005.
Oklahoma Environmental Permitting Act 27A
O.S. Section 2-14-101, et seq., as
amended through 2005. Oklahoma
Administrative Code Rules 252:205-3-1, as
amended through 2005, effective June 15,
2006.
20. Hazardous Waste--Nonwastes From 70 FR 9138-9180 August 23, Oklahoma Statutes Title 27A of
Production of Dyes, Pigments and 2005; 70 FR 35032 June 13, Environmental Quality Act, Section 2-2-
Food, Drug and Cosmetic Colorants; 2005. 101, et seq., as amended through 2005.
Loading-Based listing; Final Rule. Oklahoma Environmental Hazardous Waste
(Checklist 206 & 206.1). Management Act 27A O.S. Section 2-7-101,
et seq., as amended through 2005.
Oklahoma Environmental Permitting Act 27A
O.S. Section 2-14-101, et seq., as
amended through 2005. Oklahoma
Administrative Code Rules 252:205-3-1, as
amended through 2005, effective June 15,
2006.
[[Page 5999]]
21. Uniform Hazardous Waste Manifest 70 FR 10776-10825 March 4, Oklahoma Statutes Title 27A of
Rule. (Checklist 207 & 207.1). 2005; 70 FR 35034 June 16, Environmental Quality Act, Section 2-2-
2005. 101, et seq., as amended through 2005.
Oklahoma Environmental Hazardous Waste
Management Act 27A O.S. Section 2-7-101,
et seq., as amended through 2005.
Oklahoma Environmental Permitting Act 27A
O.S. Section 2-14-101, et seq., as
amended through 2005. Oklahoma
Administrative Code Rules 252:205-3-1, as
amended through 2005, effective June 15,
2006.
22. Universal Waste Rule; Specific 70 FR 45508-45522 August 5, Oklahoma Statutes Title 27A of
Provisions for Mercury Containing 2005. Environmental Quality Act, Section 1-1-
Equipment. (Checklist 209). 101, et seq, as amended through 2007.
Oklahoma Environmental Hazardous Waste
Management Act 27A O.S. Section 2-7-101,
et seq., as amended through 2007.
Oklahoma Environmental Permitting Act 27A
O.S. Section 2-14-101, et seq., as
amended through 2007. Oklahoma
Administrative Code Rules 252:205-3-1
through 252:205-3-6, as amended through
2007, effective July 1, 2008.
23. Hazardous Waste Management 65 FR 67068 November 8, 2000. Oklahoma Statutes Title 27A of
System; Identification and Listing Environmental Quality Act, Added by Laws
of Hazardous Waste; Chlorinated 1994, effective July 1, 1994 and Section
Aliphatics Production Waste; Land 2-7-106 Added by Laws 1981, effective
Disposal Restrictions for Newly July 1, 1981; Amended by Laws 1993,
Identified Wastes; and CERCLA effective July 1, 1993; Oklahoma
Hazardous Substance Designation and Administrative Code Rules 252:205-3-1
Reportable Quantities. (Checklist through 252:205-3-6 amended March 1,
189). 2002, as effective June 13, 2002.
24. Standardized Permit for RCRA 70 FR 53420-53478 September Oklahoma Statutes Title 27A of
Hazardous Waste Management 8, 2005. Environmental Quality Act, Section 1-1-
Facilities. (Checklist 210). 101, et seq., as amended through 2007.
Oklahoma Environmental Hazardous Waste
Management Act 27A O.S. Section 2-7-101,
et seq., as amended through 2007.
Oklahoma Environmental Permitting Act 27A
O.S. Section 2-14-101, et seq., as
amended through 2007. Oklahoma
Administrative Code 252:205-3-1 through
252:205-3-6, as amended through 2007,
effective July 1, 2008.
25. Revisions of Wastewater Treatment 70 FR 57769-57785 October 4, Oklahoma Statutes Title 27A of
Exemptions for Hazardous Waste 2005. Environmental Quality Act, Section 1-1-
Mixtures (``Headworks exemptions''). 101, et seq., as amended through 2007.
(Checklist 211). Oklahoma Environmental Hazardous Waste
Management Act 27A O.S. Section 2-7-101,
et seq., as amended through 2007.
Oklahoma Environmental Permitting Act 27A
O.S. Section 2-14-101, et seq., as
amended through 2007. Oklahoma
Administrative Code Rules 252:205-3-1
through 252:205-3-6, as amended through
2007, effective July 1, 2008.
26. NESHAP: Final Standards for 70 FR 59402-59579 October 12, Oklahoma Statutes Title 27A of
Hazardous Waste Combustors (Phase I 2005. Environmental Quality Act, Section 1-1-
Final Replacement Standards and 101, et seq., as amended through 2007.
Phase II. (Checklist 212). Oklahoma Environmental Hazardous Waste
Management Act 27A O.S. Section 2-7-101,
et seq., as amended through 2007.
Oklahoma Environmental Permitting Act 27A
O.S. Section 2-14-101, et seq., as
amended through 2007. Oklahoma
Administrative Code Rules 252:205-3-1
through 252:205-3-6, as amended through
2007, effective July 1, 2008.
[[Page 6000]]
27. Burden Reduction Initiative. 71 FR 16862-16915 April 4, Oklahoma Statutes Title 27A of
(Checklist 213). 2006. Environmental Quality Act, Section 1-1-
101, et seq., as amended through 2007.
Oklahoma Environmental Hazardous Waste
Management Act 27A O.S. Section 2-7-101,
et seq., as amended through 2007.
Oklahoma Environmental Permitting Act 27A
O.S. Section 2-14-101, et seq., as
amended through 2007. Oklahoma
Administrative Code Rules 252:205-3-1
through 252:205-3-6, as amended through
2007, effective July 1, 2008.
28. Corrections to Errors in the Code 71 FR 40254-40280 July 4, Oklahoma Statutes Title 27A of
of Federal Regulations. (Checklist 2006. Environmental Quality Act, Section 1-1-
214). 101, et seq., as amended through 2007.
Oklahoma Environmental Hazardous Waste
Management Act 27A O.S. Section 2-7-101,
et seq., as amended through 2007.
Oklahoma Environmental Permitting Act 27A
O.S. Section 2-14-101, et seq., as
amended through 2007. Oklahoma
Administrative Code Rules 252:205-3-1
through 252:205-3-6, as amended through
2007, effective July 1, 2008.
29. Cathode Ray Tubes Rule. 71 FR 42928-42949 July 28, Oklahoma Statutes Title 27A of
(Checklist 215). 2006. Environmental Quality Act, Section 1-1-
101, et seq., as amended through 2007.
Oklahoma Environmental Hazardous Waste
Management Act 27A O.S. Section 2-7-101,
et seq., as amended through 2007.
Oklahoma Environmental Permitting Act 27A
O.S. Section 2-14-101, et seq., as
amended through 2007. Oklahoma
Administrative Code Rules 252:205-3-1
through 252:205-3-6, as amended through
2007, effective July 1, 2008.
----------------------------------------------------------------------------------------------------------------
H. Where Are the Revised State Rules Different From the Federal Rules?
There are no State requirements that are more stringent or broader
in scope than the Federal requirements.
I. Who Handles Permits After the Authorization Takes Effect?
Oklahoma will issue permits for all the provisions for which it is
authorized and will administer the permits it issues. The EPA will
continue to administer any RCRA hazardous waste permits or portions of
permits which we issued prior to the effective date of this
authorization. We will not issue any more new permits or new portions
of permits except in Indian Country, or the provisions listed in the
Table in this document after the effective date of this authorization.
The EPA will continue to implement and issue permits for HSWA
requirements for which Oklahoma is not yet authorized.
J. How Does Today's Action Affect Indian Country (8 U.S.C. 1151) in
Oklahoma?
The State of Oklahoma Hazardous Program is not being authorized to
operate in Indian Country.
K. What Is Codification and Is the EPA Codifying Oklahoma's Hazardous
Waste Program as Authorized in This Rule?
Codification is the process of placing the State's statutes and
regulations that comprise the State's authorized hazardous waste
program into the CFR. We do this by referencing the authorized State
rules in 40 CFR part 272. We reserve the amendment of 40 CFR part 272,
subpart LL for this authorization of Oklahoma's program changes until a
later date. In this authorization application the EPA is not codifying
the rules documented in this Federal Register notice.
I. Administrative Requirements
The Office of Management and Budget (OMB) has exempted this action
from the requirements of Executive Order 12866 (58 FR 51735, October 4,
1993), and therefore this action is not subject to review by OMB. This
action authorizes State requirements for the purpose of RCRA 3006 and
imposes no additional requirements beyond those imposed by State law.
Accordingly, I certify that this action will not have a significant
economic impact on a substantial number of small entities under the
Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because this action
authorizes preexisting requirements under State law and does not impose
any additional enforceable duty beyond that required by State law, it
does not contain any unfunded mandate or significantly or uniquely
affect small governments, as described in the Unfunded Mandates Reform
Act of 1995 (Pub. L. 104-4). For the same reason, this action also does
not significantly or uniquely affect the communities of Tribal
governments, as specified by Executive Order 13175 (65 FR 67249,
November 9, 2000). This action 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
[[Page 6001]]
levels of government, as specified in Executive Order 13132 (64 FR
43255, August 10, 1999), because it merely authorizes State
requirements as part of the State RCRA hazardous waste program without
altering the relationship or the distribution of power and
responsibilities established by RCRA. This action also is not subject
to Executive Order 13045 (62 FR 19885, April 23, 1997), because it is
not economically significant and it does not make decisions based on
environmental health or safety risks. This rule is not subject to
Executive Order 13211, ``Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use'' (66 FR 28355
(May 22, 2001)) because it is not a significant regulatory action under
Executive Order 12866.
Under RCRA 3006(b), the EPA grants a State's application for
authorization as long as the State meets the criteria required by RCRA.
It would thus be inconsistent with applicable law for the EPA, when it
reviews a State authorization application, to require the use of any
particular voluntary consensus standard in place of another standard
that otherwise satisfies the requirements of RCRA. Thus, the
requirements of section 12(d) of the National Technology Transfer and
Advancement Act of 1995 (15 U.S.C. 272 note) do not apply. As required
by section 3 of Executive Order 12988 (61 FR 4729, February 7, 1996),
in issuing this rule, the EPA has taken the necessary steps to
eliminate drafting errors and ambiguity, minimize potential litigation,
and provide a clear legal standard for affected conduct. The EPA has
complied with Executive Order 12630 (53 FR 8859, March 15, 1988) by
examining the takings implications of the rule in accordance with the
``Attorney General's Supplemental Guidelines for the Evaluation of Risk
and Avoidance of Unanticipated Takings'' issued under the Executive
Order. This rule does not impose an information collection burden under
the provisions of the Paperwork Reduction Act of 1995 (44 U.S.C. 3501
et seq.).
The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. The EPA will submit a report containing this document
and other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication in the Federal Register. A major rule cannot take effect
until 60 days after it is published in the Federal Register. This
action is not a ``major rule'' as defined by 5 U.S.C. 804(2). This
action will be effective April 6, 2009.
List of Subjects in 40 CFR Part 271
Environmental protection, Administrative practice and procedure,
Confidential business information, Hazardous waste, Hazardous waste
transportation, Indians--lands, Intergovernmental relations, Penalties,
Reporting and recordkeeping requirements.
Authority: This action is issued under the authority of sections
2002(a), 3006, and 7004(b) of the Solid Waste Disposal Act as
amended 42 U.S.C. 6912(a), 6926, 6974(b).
Dated: November 7, 2008.
Richard E. Greene,
Regional Administrator, Region 6.
[FR Doc. E9-2373 Filed 2-3-09; 8:45 am]
BILLING CODE 6560-50-P
