Oklahoma: Incorporation by Reference of Approved State Hazardous Waste Management Program, 46964-46968 [2012-19139]

Agencies

• ENVIRONMENTAL PROTECTION AGENCY

[Federal Register Volume 77, Number 152 (Tuesday, August 7, 2012)]
[Rules and Regulations]
[Pages 46964-46968]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-19139]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 272

[EPA-R06-2012-0471; FRL-9701-7]


Oklahoma: Incorporation by Reference of Approved State Hazardous 
Waste Management Program

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: The Solid Waste Disposal Act, as amended, commonly referred to 
as the Resource Conservation and Recovery Act (RCRA), allows the 
Environmental Protection Agency (EPA) to authorize States to operate 
their hazardous waste management programs in lieu of the Federal 
program. The EPA uses the regulations entitled ``Approved State 
Hazardous Waste Management Programs'' to provide notice of the 
authorization status of State programs and to incorporate by reference 
those provisions of the State statutes and regulations that will be 
subject to the EPA's inspection and enforcement. The rule codifies in 
the regulations the prior approval of Oklahoma's hazardous waste 
management program and incorporates by reference authorized provisions 
of the State's statutes and regulations.

DATES: This regulation is effective October 9, 2012, unless the EPA 
receives adverse written comment on this regulation by the close of 
business September 6, 2012. If the EPA receives such comments, it will 
publish a timely withdrawal of this direct final rule in the Federal 
Register informing the public that this rule will not take effect.

[[Page 46965]]

The Director of the Federal Register approves this incorporation by 
reference as of October 9, 2012 in accordance with 5 U.S.C. 552(a) and 
1 CFR part 51.

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. Email: patterson.alima@epa.gov or banks.julia@epa.gov.
    3. Mail: Alima Patterson, Region 6, Regional Authorization 
Coordinator, or Julia Banks, Codification 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: Direct your comments to Docket ID No. EPA-R06-RCRA-
2012-0471. EPA's policy is that all comments received will be included 
in the public docket without change, including personal information 
provided, unless the comment includes information claimed to be 
Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute. Do not submit information that you 
consider to be CBI or otherwise protected through https://www.regulations.gov, or email. The Federal https://www.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 email comment directly to the 
EPA without going through https://www.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 the documents that form the basis for this 
codification and associated publicly available materials from 8:30 a.m. 
to 4:00 p.m. Monday through Friday at the following location: EPA 
Region 6, 1445 Ross Avenue, Dallas, Texas, 75202-2733, phone number 
(214) 665-8533 or (214) 665-8178. 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 or Julia Banks, Codification Coordinator, 
State/Tribal Oversight Section (6PD-O), Multimedia Planning and 
Permitting Division, EPA Region 6, 1445 Ross Avenue, Dallas, Texas 
75202-2733, phone numbers: (214) 665-8533 or (214) 665-8178, email 
address: patterson.alima@epa.gov or banks.julia@epa.gov.

SUPPLEMENTARY INFORMATION: 

A. What is codification?

    Codification is the process of placing a State's statutes and 
regulations that comprise the State's authorized hazardous waste 
management program into the Code of Federal Regulations (CFR). Section 
3006(b) of RCRA, as amended, allows the Environmental Protection Agency 
(EPA) to authorize State hazardous waste management programs to operate 
in lieu of the Federal hazardous waste management regulatory program. 
The EPA codifies its authorization of State programs in 40 CFR part 272 
and incorporates by reference State statutes and regulations that the 
EPA will enforce under sections 3007 and 3008 of RCRA and any other 
applicable statutory provisions.
    The incorporation by reference of State authorized programs in the 
CFR should substantially enhance the public's ability to discern the 
current status of the authorized State program and State requirements 
that can be Federally enforced. This effort provides clear notice to 
the public of the scope of the authorized program in each State.

B. What is the history of the authorization and codification of 
Oklahoma's hazardous waste management program?

    Oklahoma initially received Final authorization effective January 
10, 1985, (49 FR 50362) to implement its Base Hazardous Waste 
Management program. Subsequently, the EPA approved additional program 
revision applications effective on June 18, 1990 (55 FR 14280), 
November 27, 1990 (55 FR 39274), June 3, 1991 (56 FR 13411), November 
19, 1991 (56 FR 47675), November 29, 1993 (58 FR 50854), December 21, 
1994 (59 FR 51116), April 27, 1995 (60 FR 2699), March 14, 1997 (62 FR 
12100), July 14, 1998 (63 FR 23673), November 23, 1998 (63 FR 50528), 
February 8, 1999 (63 FR 67800), March 30, 2000 (65 FR 16528), July 10, 
2000 (65 FR 29981) March 5, 2001 (66 FR 28), June 9, 2003 (68 FR 
17308), April 6, 2009 (74 FR 5994), May 6, 2011 (76 FR 18927), and May 
14, 2012 (77 FR 15273). The EPA first incorporated by reference 
Oklahoma's hazardous waste program effective December 13, 1993 (58 FR 
52679), and updated the incorporation by reference effective July 14, 
1998 (63 FR 23673), October 25, 1999 (64 FR 46567), October 27, 2003 
(68 FR 51488), August 27, 2010 (75 FR 36546), and July 16, 2012 (77 FR 
29231). In this document, the EPA is revising Subpart LL of 40 CFR part 
272 to include the recent authorization revision actions effective May 
6, 2011 (76 FR 18927) and May 14, 2012 (77 FR 15273).

C. What codification decisions have we made in this rule?

    The purpose of this Federal Register document is to codify 
Oklahoma's base hazardous waste management program and its revisions 
through RCRA Cluster XX. The EPA provided notices and opportunity for 
comments on the Agency's decisions to authorize the Oklahoma program, 
and the EPA is not now reopening the decisions, nor requesting 
comments, on the Oklahoma authorizations as published in the Federal 
Register notices specified in Section B of this document.
    This document incorporates by reference Oklahoma's hazardous waste 
statutes and regulations and clarifies which of these provisions are 
included in the authorized and Federally enforceable program. By 
codifying Oklahoma's authorized program and by amending the Code of 
Federal Regulations, the public will be more easily able to discern the 
status of Federally approved requirements of the Oklahoma hazardous 
waste management program.
    The EPA is incorporating by reference the Oklahoma authorized 
hazardous waste program in subpart LL of 40 CFR part 272. Section 
272.1851 incorporates by reference Oklahoma's authorized hazardous 
waste statutes and regulations. Section 272.1851 also references the 
statutory provisions (including procedural and enforcement provisions) 
which provide the legal basis for the State's implementation of the 
hazardous waste management program, the Memorandum of Agreement, the 
Attorney General's Statements and the Program

[[Page 46966]]

Description, which are approved as part of the hazardous waste 
management program under Subtitle C of RCRA.

D. What is the effect of Oklahoma's codification on enforcement?

    The EPA retains its authority under statutory provisions, including 
but not limited to, RCRA sections 3007, 3008, 3013 and 7003, and other 
applicable statutory and regulatory provisions to undertake inspections 
and enforcement actions and to issue orders in authorized States. With 
respect to these actions, the EPA will rely on Federal sanctions, 
Federal inspection authorities, and Federal procedures rather than any 
authorized State analogues to these provisions. Therefore, the EPA is 
not incorporating by reference such particular, approved Oklahoma 
procedural and enforcement authorities. Section 272.1851(c)(2) of 40 
CFR lists the statutory provisions which provide the legal basis for 
the State's implementation of the hazardous waste management program, 
as well as those procedural and enforcement authorities that are part 
of the State's approved program, but these are not incorporated by 
reference.

E. What State provisions are not part of the codification?

    The public needs to be aware that some provisions of Oklahoma's 
hazardous waste management program are not part of the Federally 
authorized State program. These non-authorized provisions include:
    (1) Provisions that are not part of the RCRA subtitle C program 
because they are ``broader in scope'' than RCRA subtitle C (see 40 CFR 
271.1(i));
    (2) Federal rules for which Oklahoma is not authorized, but which 
have been incorporated into the State regulations because of the way 
the State adopted Federal regulations by reference.
    State provisions that are ``broader in scope'' than the Federal 
program are not part of the RCRA authorized program and the EPA will 
not enforce them. Therefore, they are not incorporated by reference in 
40 CFR part 272. For reference and clarity, 40 CFR 272.1851(c)(3) lists 
the Oklahoma regulatory provisions which are ``broader in scope'' than 
the Federal program and which are not part of the authorized program 
being incorporated by reference. ``Broader in scope'' provisions cannot 
be enforced by the EPA; the State, however, may enforce such provisions 
under State law.
    Oklahoma has adopted but is not authorized for the Federal rules 
published in the Federal Register on October 5, 1990 (55 FR 40834); 
February 1, 1991 (56 FR 3978); February 13, 1991 (56 FR 5910); April 2, 
1991 (56 FR 13406); May 1, 1991 (56 FR 19951); December 23, 1991 (56 FR 
66365); June 29, 1995 (60 FR 33912), May 26, 1998 (63 FR 28556), June 
14, 2005 (70 FR 34538), August 1, 2005 (70 FR 44150); December 19, 2008 
(73 FR 77954); and June 15, 2010 (75 FR 33712). Therefore, these 
Federal amendments included in Oklahoma's adoption by reference at 
252:205-3-2(b) through 252:205-3-2(m) of the Oklahoma Administrative 
Code, are not part of the State's authorized program and are not part 
of the incorporation by reference addressed by this Federal Register 
document.
    With respect to any requirement pursuant to the Hazardous and Solid 
Waste Amendments of 1984 (HSWA) for which the State has not yet been 
authorized, the EPA will continue to enforce the Federal HSWA standards 
until the State is authorized for these provisions.

F. What will be the effect of Federal HSWA requirements on the 
codification?

    The EPA is not amending 40 CFR part 272 to include HSWA 
requirements and prohibitions that are implemented by the EPA. Section 
3006(g) of RCRA provides that any HSWA requirement or prohibition 
(including implementing regulations) takes effect in authorized and not 
authorized States at the same time. A HSWA requirement or prohibition 
supersedes any less stringent or inconsistent State provision which may 
have been previously authorized by the EPA (50 FR 28702, July 15, 
1985). The EPA has the authority to implement HSWA requirements in all 
States, including authorized States, until the States become authorized 
for such requirement or prohibition. Authorized States are required to 
revise their programs to adopt the HSWA requirements and prohibitions, 
and then to seek authorization for those revisions pursuant to 40 CFR 
part 271.
    Instead of amending the 40 CFR part 272 every time a new HSWA 
provision takes effect under the authority of RCRA section 3006(g), the 
EPA will wait until the State receives authorization for its analog to 
the new HSWA provision before amending the State's 40 CFR part 272 
incorporation by reference. Until then, persons wanting to know whether 
a HSWA requirement or prohibition is in effect should refer to 40 CFR 
271.1(j), as amended, which lists each such provision.
    Some existing State requirements may be similar to the HSWA 
requirement implemented by the EPA. However, until the EPA authorizes 
those State requirements, the EPA can only enforce the HSWA 
requirements and not the State analogs. The EPA will not codify those 
State requirements until the State receives authorization for those 
requirements.

G. Statutory and Executive Order Reviews

    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 
rule incorporates by reference Oklahoma's authorized hazardous waste 
management regulations 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 rule merely incorporates by reference certain 
existing State hazardous waste management program requirements which 
the EPA already approved under 40 CFR part 271, and with which 
regulated entities must already comply, 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).
    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 
levels of government, as specified in Executive Order 13132 (64 FR 
43255, August 10, 1999), because it merely incorporates by reference 
existing authorized State hazardous waste management program 
requirements without altering the relationship or the distribution of 
power and responsibilities established by RCRA. This action also does 
not have Tribal implications within the meaning of Executive Order 
13175 (65 FR 67249, November 6, 2000).
    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.

[[Page 46967]]

    The requirements being codified are the result of Oklahoma's 
voluntary participation in the EPA's State program authorization 
process under RCRA Subtitle C. 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 amended 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).

    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).

List of Subjects in 40 CFR Part 272

    Environmental protection, Administrative practice and procedure, 
Confidential business information, Hazardous waste, Hazardous waste 
transportation, Incorporation by reference, Indian lands, 
Intergovernmental relations, Penalties, Reporting and recordkeeping 
requirements, Water pollution control, Water supply.

    Dated: July 5, 2012.
Samuel Coleman,
Acting Regional Administrator, EPA Region 6.

    For the reasons set forth in the preamble, 40 CFR part 272 is 
amended as follows:

PART 272--APPROVED STATE HAZARDOUS WASTE MANAGEMENT PROGRAMS

0
1. The authority citation for part 272 continues to read as follows:

    Authority:  Sections 2002(a), 3006, and 7004(b) of the Solid 
Waste Disposal Act, as amended by the Resource Conservation and 
Recovery Act, as amended, 42 U.S.C. 6912(a), 6926, and 6974(b).


0
2. Revise Sec.  272.1851 to read as follows:


Sec.  272.1851  Oklahoma State-administered program: Final 
authorization.

    (a) Pursuant to section 3006(b) of RCRA, 42 U.S.C. 6926(b), the EPA 
granted Oklahoma final authorization for the following elements as 
submitted to EPA in Oklahoma's base program application for final 
authorization which was approved by EPA effective on January 10, 1985. 
Subsequent program revision applications were approved effective on 
June 18, 1990, November 27, 1990, June 3, 1991, November 19, 1991, 
November 29, 1993, December 21, 1994, April 27, 1995, March 14, 1997, 
July 14, 1998 and November 23, 1998, February 8, 1999, March 30, 2000, 
July 10, 2000, March 5, 2001, June 9, 2003, April 6, 2009, May 6, 2011, 
and May 14, 2012.
    (b) The State of Oklahoma has primary responsibility for enforcing 
its hazardous waste management program. However, EPA retains the 
authority to exercise its inspection and enforcement authorities in 
accordance with sections 3007, 3008, 3013, 7003 of RCRA, 42 U.S.C. 
6927, 6928, 6934, 6973, and any other applicable statutory and 
regulatory provisions, regardless of whether the State has taken its 
own actions, as well as in accordance with other statutory and 
regulatory provisions.
    (c) State Statutes and Regulations. (1) The Oklahoma statutes and 
regulations cited in paragraph (c)(1)(i) of this section are 
incorporated by reference as part of the hazardous waste management 
program under subtitle C of RCRA, 42 U.S.C. 6921 et seq. The Director 
of the Federal Register approves this incorporation by reference in 
accordance with 5 U.S.C. 552(a) and 1 CFR part 51. You may obtain 
copies of the Oklahoma regulations that are incorporated by reference 
in this paragraph from the State's Office of Administrative Rules, 
Secretary of State, P.O. Box 53390, Oklahoma City, OK 73152-3390; Phone 
number: 405-521-4911; Web site: www.sos.state.ok.us/oar/oar_welcome.htm. The statutes are available from West Publishing Company, 
610 Opperman Drive, P.O. Box 64526, St. Paul, Minnesota 55164-0526; 
Phone: 1-800-328-4880; Web site: https://west.thomson.com. You may 
inspect a copy at EPA Region 6, 1445 Ross Avenue, Dallas, Texas 75202 
(Phone number (214) 665-8533), or at the National Archives and Records 
Administration (NARA). For information on the availability of this 
material at NARA, call 202-741-6030, or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.
    (i) The binder entitled ``EPA-Approved Oklahoma Statutory and 
Regulatory Requirements Applicable to the Hazardous Waste Management 
Program'', May, 2012. Only those provisions that have been authorized 
by EPA are incorporated by reference. These provisions are listed in 
Appendix A to Part 272.
    (ii) [Reserved]
    (2) The following provisions provide the legal basis for the 
State's implementation of the hazardous waste management program, but 
they are not being incorporated by reference and do not replace Federal 
authorities:
    (i) Oklahoma Environmental Crimes Act, as amended through July 1, 
2010, 21 Oklahoma Statutes (O.S.), Sections 1230.1 et seq.
    (ii) Oklahoma Open Meetings Act, as amended through July 1, 2010, 
25 Oklahoma Statutes (O.S.), Sections 301 et seq.
    (iii) Oklahoma Statutes, Title 27A, ``Environment and Natural 
Resources'', as amended through July 1, 2010: Chapter 1, ``Oklahoma 
Environmental Quality Act'', Sections 1-1-101 et seq.; Chapter 2, 
``Oklahoma Environmental Quality Code'', Sections 2-2-101, 2-2-104, 2-
2-201, 2-3-101(F)(1), 2-3-104, 2-3-202, 2-3-501, 2-3-502, 2-3-503, 2-3-
504; ``Oklahoma Hazardous Waste Management Act'', Sections 2-7-102, 2-
7-104, 2-7-105 (except 2-7-105(27), 2-7-105(29) and 2-7-105(34)), 2-7-
106, 2-7-107, 2-7-108(B)(2), 2-7-109, 2-7-110(A), 2-7-111(C)(2)(b) and 
(c), 2-7-111(C)(3), 2-7-113.1, 2-7-115, 2-7-116(A), 2-7-116(G), 2-7-
116(H)(1), 2-7-117, 2-7-123, 2-7-126, 2-7-129, 2-7-130, 2-7-131, 2-7-
132, and 2-7-133; ``Oklahoma Uniform Environmental Permitting Act'', 
Sections 2-14-101 et seq.
    (iv) Oklahoma Open Records Act, as amended through July 1, 2010, 51

[[Page 46968]]

Oklahoma Statutes (O.S.), Sections 24A.1 et seq.
    (v) Oklahoma Administrative Procedures Act, as amended through July 
1, 2010, 75 Oklahoma Statutes (O.S.), Sections 250 et seq.
    (vi) The Oklahoma Administrative Code (OAC), Title 252, Chapter 
205, Hazardous Waste Management, effective July 1, 2011: Subchapter 1, 
Sections 252:205-1-1(b), 252:205-1-3(a) and (b), 252:205-1-4(a)-(d); 
Subchapter 3, Sections 252:205-3-2(a) introductory paragraph, 252:205-
3-2(a)(1) and 252:205-3-2(a)(3); Subchapter 11, Section 252:205-11-3.
    (3) The following statutory and regulatory provisions are broader 
in scope than the Federal program, are not part of the authorized 
program, and are not incorporated by reference:
    (i) Oklahoma Hazardous Waste Management Act, as amended, 27A 
Oklahoma Statutes (O.S.) as amended through July 1, 2010, Sections 2-7-
119, 2-7-120, 2-7-121, 2-7-121.1 and 2-7-134.
    (ii) The Oklahoma Administrative Code (OAC), Title 252, Chapter 
205, effective July 1, 2011: Subchapter 1, Sections 252:205-1-1(c)(2) 
and (3), 252:205-1-2 ``RRSIA''. 252:205-1-2 ``Reuse'', 252:205-1-2 
``Speculative accumulation'', 252:205-1-2 ``Transfer facility'', 
252:205-1-2 ``Transfer station'', 252:205-1-4(e); Subchapter 5, Section 
252:205-5-1(4), Subchapter 15; Subchapter 17; Subchapter 21; Subchapter 
23; and 252:205 Appendices B, C and D.
    (4) Unauthorized State Amendments. The State's adoption of the 
Federal rules listed in the following table is not approved by the EPA 
and are; therefore, not enforceable:

------------------------------------------------------------------------
                                     Federal  Register      Publication
       Federal requirement               reference             date
------------------------------------------------------------------------
Toxicity Characteristics;          55 FR 40834..........         10/5/90
 Hydrocarbon Recovery Operations.
                                   56 FR 3978...........          2/1/91
                                   56 FR 13406..........          4/2/91
Toxicity Characteristics;          56 FR 5910...........         2/13/91
 Chlorofluorocarbon Refrigerants.
Administrative Stay for K069       56 FR 19951..........          5/1/91
 Listing.
Amendments to Interim Status       56 FR 66365..........        12/23/91
 Standards for Downgradient
 Ground-water Monitoring Well
 Locations.
Removal of Legally Obsolete Rules  60 FR 33912..........         6/29/95
Mineral Processing Secondary       63 FR 28556..........         5/26/98
 Materials Exclusion.--Amendments
 to 40 CFR.
Methods Innovation: SW-846.......  70 FR 34538..........         6/14/05
                                   70 FR 44150..........          8/1/05
Expansion of RCRA Comparable Fuel  73 FR 77954..........        12/19/08
 Exclusion.
------------------------------------------------------------------------

    (5) Memorandum of Agreement. The Memorandum of Agreement between 
EPA Region 6 and the State of Oklahoma, signed by the EPA Regional 
Administrator on March 11, 2011, is referenced as part of the 
authorized hazardous waste management program under subtitle C of RCRA, 
42 U.S.C. 6921, et seq.
    (6) Statement of Legal Authority. ``Attorney General's Statement 
for Final Authorization'', signed by the Attorney General of Oklahoma 
January 20, 1984 and revisions, supplements, and addenda to that 
Statement dated January 14, 1988 (as amended July 20, 1989); December 
22, 1988 (as amended June 7, 1989 and August 13, 1990); November 20, 
1989; November 16, 1990; November 6, 1992; June 24, 1994; December 8, 
1994; March 4, 1996; April 15, 1997; February 6, 1998, December 2, 
1998, October 15, 1999, May 31, 2000, October 15, 2001, June 27, 2003, 
March 1, 2005, July 12, 2005, July 03, 2006, August 25, 2008, March 26, 
2010, October 11, 2010, and October 31, 2011 are referenced as part of 
the authorized hazardous waste management program under subtitle C of 
RCRA, 42 U.S.C. 6921 et seq.
    (7) Program Description. The Program Description and any other 
materials submitted as supplements thereto are referenced as part of 
the authorized hazardous waste management program under subtitle C of 
RCRA, 42 U.S.C. 6921 et seq.
    3. Appendix A to part 272 is amended by revising the listing for 
``Oklahoma'' to read as follows:

Appendix A to Part 272--State Requirements

* * * * *

Oklahoma

    The statutory provisions include:
    Oklahoma Hazardous Waste Management Act, as amended, 27A 
Oklahoma Statute (O.S.) 2011 Replacement Volume, Sections 2-7-103, 
2-7-108(A), 2-7-108(B)(1), 2-7-108(B)(3), 2-7-108(C), 2-7-110(B), 2-
7-110(C), 2-7-111(A), 2-7-111(B), 2-7-111(C)(1), 2-7-111(C)(2)(a), 
2-7-111(D), 2-7-111(E), 2-7-112, 2-7-116(B) through 2-7-116(F), 2-7-
116(H)(2), 2-7-118, 2-7-124, 2-7-125, 2-7-127, and 2-10-301(G), as 
published by West Publishing Company, 610 Opperman Drive, P.O. Box 
64526, St. Paul, Minnesota 55164-0526; Phone: 1-800-328-4880; Web 
site: https://west.thomson.com.
    The regulatory provisions include:
    The Oklahoma Administrative Code (OAC), Title 252, Chapter 205, 
effective July 1, 2011: Subchapter 1, Sections 252:205-1-1(a), 
252:205-1-1(c) introductory paragraph, 252:205-1-1(c)(1), 252:205-1-
2 introductory paragraph, 252:205-1-2 ``OHWMA'', 252:205-1-2 ``Post-
closure permit'', 252:205-1-3(c); Subchapter 3, Sections 252:205-3-
1, 252:205-3-2(a)(2), 252:205-3-2(b)-(n), 252:205-3-4, 252:205-3-5 
and 252:205-3-6; Subchapter 5, Sections 252:205-5-1 (except 252:205-
5-1(4)), 252:205-5-2 through 252:205-5-5; Subchapter 7, Sections 
252:205-7-2 and 252:205-7-4 (except the phrase ``or in accordance 
with 252:205-15-1(d)); Subchapter 9, Sections 252:205-9-1 through 
252:205-9-4; Subchapter 11, Sections 252:205-11-1(a) (except the 
word ``recycling''), 252:205-11-1(b)-(e), and 252:205-11-2; and 
Subchapter 13, Sections 252:205-13-1(a)-(e), as published by the 
State's Office of Administrative Rules, Secretary of State, P.O. Box 
53390, Oklahoma City, OK 73152-3390; Phone number: 405-521-4911; Web 
site: www.sos.state.ok.us/oar/oar_welcome.htm.
* * * * *
[FR Doc. 2012-19139 Filed 8-6-12; 8:45 am]
BILLING CODE 6560-50-P