Oklahoma: Incorporation by Reference of Approved State Hazardous Waste Management Program, 6810-6816 [2020-01478]
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Federal Register / Vol. 85, No. 25 / Thursday, February 6, 2020 / Rules and Regulations
regulations applying higher
environmental standards to the
Reservation than those imposed by state
law or local governing bodies, in
accordance with the Settlement Act.
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. EPA will submit a
report containing this action 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 of the rule 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).
Under section 307(b)(1) of the CAA,
petitions for judicial review of this
action must be filed in the United States
Court of Appeals for the appropriate
circuit by April 6, 2020. Filing a petition
for reconsideration by the Administrator
of this final rule does not affect the
finality of this action for the purposes of
judicial review nor does it extend the
time within which a petition for judicial
review may be filed, and shall not
postpone the effectiveness of such rule
or action. This action may not be
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enforce its requirements. See section
307(b)(2).
List of Subjects in 40 CFR Part 52
Environmental protection, Air
pollution control, Carbon monoxide,
Incorporation by reference,
Intergovernmental relations, Nitrogen
dioxide, Ozone, Reporting and
recordkeeping requirements, Volatile
organic compounds.
Dated: January 15, 2020.
Mary S. Walker,
Regional Administrator, Region 4.
40 CFR part 52 is amended as follows:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart B—Alabama
2. Section 52.50(e) is amended by
adding entry ‘‘110(a)(1) and (2)
Infrastructure Requirements for the 2015
8-Hour Ozone NAAQS’’ at the end of
the table to read as follows:
■
§ 52.50
*
Identification of plan.
*
*
(e) * * *
*
*
EPA APPROVED ALABAMA NON-REGULATORY PROVISIONS
Name of
nonregulatory
SIP provision
Applicable
geographic or
nonattainment
area
*
*
110(a)(1) and (2) Infrastructure
Requirements for the 2015 8Hour Ozone NAAQS.
*
Alabama ...........
Subpart PP—South Carolina
3. Section 52.2120(e) is amended by
adding entry ‘‘110(a)(1) and (2)
■
State
submittal date/
effective date
*
8/27/2018
*
*
110(a)(1) and (2) Infrastructure Requirements for the 2015 8-Hour Ozone
NAAQS.
[FR Doc. 2020–01581 Filed 2–5–20; 8:45 am]
BILLING CODE 6560–50–P
Explanation
*
2/6/2020 [Insert Federal Register
citation].
*
*
With
the
exception
of
110(a)(2)(D)(i)(I) (prongs 1 and
2).
Infrastructure Requirements for the 2015
8-Hour Ozone NAAQS’’ at the end of
the table to read as follows:
State
effective
date
Provision
EPA approval date
*
9/7/2018
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*
*
*
With the exception of 110(a)(2)(D)(i)(I)
(prongs 1 and 2).
ENVIRONMENTAL PROTECTION
AGENCY
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
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*
*
*
2/6/2020 [Insert Federal Register citation].
Oklahoma: Incorporation by Reference
of Approved State Hazardous Waste
Management Program
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Identification of plan.
*
*
(e) * * *
Explanation
[EPA–R06–RCRA–2019–0343; FRL–10001–
54–Region 6]
19:34 Feb 05, 2020
*
EPA
approval
date
40 CFR Part 272
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This 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. The
Environmental Protection Agency (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 are authorized and that
SUMMARY:
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EPA will enforce under the Solid Waste
Disposal Act, commonly referred to as
the Resource Conservation and
Recovery Act (RCRA). The EPA
previously provided notifications and
opportunity for comments on the
Agency’s decisions to authorize the
State of Oklahoma program and the EPA
is not now reopening the decisions, nor
requesting comments, on the Oklahoma
authorizations as previously published
in the Federal Register documents
specified in Section I.C of this final rule
document.
DATES: This regulation is effective
March 9, 2020. The Director of the
Federal Register approves this
incorporation by reference as of March
9, 2020 in accordance with 5 U.S.C.
552(a) and 1 CFR part 51.
ADDRESSES: The EPA has established a
docket for this action under Docket ID
No. EPA–R06–RCRA–2019–0343. All
documents in the docket are listed in
www.regulations.gov index. Although
listed in the index, some of the
information is not publicly available.
e.g., Confidential Business Information
or other information whose disclosure is
restricted by statute. Certain other
material, such as copyrighted material,
will be publicly available only in hard
copy. Publicly available docket
materials are available electronically
through www.regulations.gov.
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, 1201
Elm Street, Suite 500, Dallas, Texas,
75270, phone number (214) 665–8533.
Interested persons wanting to examine
these documents should make an
appointment with the office.
FOR FURTHER INFORMATION CONTACT:
Alima Patterson, Region 6 Regional
Authorization/Codification Coordinator,
RCRA Permit Section (LCR–RP), Land,
Chemicals and Redevelopment Division,
EPA Region 6, 1201 Elm Street, Suite
500, Dallas, Texas 75270, phone
number: (214) 665–8533, email address:
patterson.alima@epa.gov.
SUPPLEMENTARY INFORMATION:
I. Incorporation by Reference
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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 EPA to authorize
State hazardous waste management
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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. Why wasn’t there a proposed rule
before this rule?
The EPA is publishing this rule to
codify Oklahoma’s authorized
hazardous waste management program
without a prior proposal because we
believe this action is not controversial.
The reason being that, in accordance
with section 3006(b) of RCRA, EPA has
already evaluated the State’s regulatory
and statutory requirements and has
determined that the State’s program
meets the statutory and regulatory
requirements established by RCRA. The
EPA previously provided notifications
and opportunity for comments on the
Agency’s decisions to authorize the
Oklahoma program. The EPA is not now
reopening the decisions, nor requesting
new comments, on the Oklahoma
authorizations as previously published
in the Federal Register documents
specified in Section I.C of this final rule
document. The previous authorizations
form the basis for the codification
addressed in this final rule.
C. What is the history of the
authorization and codification of
Oklahoma’s hazardous waste
management program?
Oklahoma initially received final
authorization on December 27, 1984,
effective January 10, 1985, (49 FR
50362) to implement its Base Hazardous
Waste Management program. We
granted authorization for changes to
their program on April 17, 1990 (55 FR
14280), effective June 18, 1990;
September 26, 1990 (55 FR 39274),
effective November 27, 1990; April 2,
1991 (56 FR 13411), effective June 3,
1991; September 20, 1991 (56 FR
47675), effective November 19, 1991;
September 29, 1993 (58 FR 50854),
effective November 29, 1993; October 7,
1994 (59 FR 51116), effective December
21, 1994; January 11, 1995 (60 FR 2699),
effective April 27, 1995; October 9, 1996
(61 FR 52884), effective December 23,
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1996, as corrected on March 14, 1997
(62 FR 12100), effective March 14, 1997;
April 30, 1998 63 FR 23673), effective
July 14, 1998; September 22, 1998 (63
FR 50528), effective November 23, 1998;
December 9, 1998 (63 FR 67800),
effective February 8, 1999; March 29,
2000 (65 FR 16528), effective May 30,
2000; May 10, 2000 (65 FR 29981),
effective July 10, 2000; January 2, 2001
(66 FR 28), effective March 5, 2001;
April 9, 2003 (68 FR 17308), effective
June 9, 2003; February 4, 2009 (74 FR
5994), effective April 6, 2009; April 6,
2011 (76 FR 18927), effective June 6,
2011; March 15, 2012 (77 FR 15273),
effective May 14, 2012; May 29, 2013
(78 FR 32161), effective July 29, 2013;
August 29, 2014 (79 FR 51497), effective
October 28, 2014; July 13, 2017 (82 FR
32249), effective September 11, 2017,
and March 13, 2019 (84 FR 8988),
effective March 13, 2019.
The EPA incorporated by reference
Oklahoma’s then authorized hazardous
waste program effective December 13,
1993 (58 FR 52679), July 14, 1998 (63
FR 23673), October 25, 1999 (64 FR
46567), October 27, 2003 (68 FR 51488),
August 27, 2010 (75 FR 36546), July 16,
2012 (77 FR 29231), October 9, 2012 (77
FR 46964), September 2, 2014 (79 FR
37226), and December 27, 2016 (81 FR
73347). In this document, the EPA is
revising subpart LL of 40 CFR part 272
to include the recent authorization
revision actions effective September 11,
2017 (82 FR 32249) and March 13, 2019
(84 FR 8988).
D. What codification decisions have we
made in this rule?
In this rule, the EPA is finalizing
regulatory text that includes
incorporation by reference of the
authorized hazardous waste
management program of the State of
Oklahoma. In accordance with
requirements of 1 CFR 51.5, the EPA is
finalizing the incorporation by reference
of the Oklahoma rules described in the
amendments to 40 CFR part 272 set
forth in § 272.1851. The EPA has made,
and will continue to make, these
documents available electronically
through https://www.regulations.gov and
in hard copy at the appropriate EPA
office (see the ADDRESSES section of this
preamble for more information).
The purpose of this Federal Register
document is to codify Oklahoma’s base
hazardous waste management program
and its revisions to that program. The
EPA provided notifications 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
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authorizations as published in the
Federal Register documents specified in
Section I.C 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 CFR, 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 and regulatory
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 Description, which are
approved as part of the hazardous waste
management program under Subtitle C
of RCRA.
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E. 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 analogs 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 and regulatory 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.
F. 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
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State program. These 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; and
(3) A Federal program which has
since been terminated by the U.S. EPA.
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
August 3, 1987 (52 FR 28697); June 1,
1990 (55 FR 22520, 261.33(c) only);
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);
September 19, 1994 (59 FR 47980); May
12, 1995 (60 FR 25619); June 29, 1995
(60 FR 33912), April 9, 2002 (67 FR
17119); June 14, 2005 (70 FR 34538),
August 1, 2005 (70 FR 44150); and
January 13, 2015 (80 FR 1694).
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. After review and analysis of
the State’s regulations, the EPA has
notified the State to seek authorization
for the unauthorized rules that the State
has adopted and are documented in this
Federal Register document. The EPA
expects the State to include these rules
as part of their next Program Revision
Application package.
Oklahoma adopted and was
authorized for (1) the Federal
Performance Track program, as
published in the Federal Register on
April 22, 2004 (69 FR 21737), and
amended on October 25, 2004 (69 FR
62217), and (2) the following provisions
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regarding Performance Track in the
April 4, 2006 (71 FR 16862) Burden
Reduction Initiative amendments: 40
CFR 260.10, 264.15, 264.174, 264.195,
264.1101, 265.15, 265.174, 265.195,
265.201, 265.1101, 270.42(l) and Item
O.1 of Appendix I to 270.42. The
Performance Track program has since
been terminated by the U.S. EPA.
Oklahoma is in the process of revising
their regulations to adopt the removal of
the Performance Track provisions from
the Federal regulations, as addressed in
the Generator Improvement rule (81 FR
85732; May 30, 2017).
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.
G. 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 non-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
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the HSWA requirements and not the
State analogs. The EPA will not codify
those State requirements until the State
receives authorization for those
requirements.
II. Statutory and Executive Order
Reviews
The Office of Management and Budget
(OMB) has exempted this action from
the requirements of Executive Orders
12866 (58 FR 51735, October 4, 1993)
and 13563 (76 FR 3821, January 21,
2011). This action incorporates by
reference Oklahoma’s authorized
hazardous waste management
regulations and imposes no additional
requirements beyond those imposed by
State law. Therefore, this action is not
subject to review by OMB. This action
is not an Executive Order 13771 (82 FR
9339, February 3, 2017) regulatory
action because actions such as this
codification of Oklahoma’s revised
hazardous waste program under RCRA
are exempted under Executive Order
12866. 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 incorporates
by reference pre-existing 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
(2 U.S.C. 1531–1538). 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
levels of government, as specified in
Executive Order 13132 (64 FR 43255,
August 10, 1999), because it merely
incorporates by reference existing
authorized requirements as part of the
State RCRA hazardous waste
management 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
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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 section 3006(b), 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 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. 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.). ‘‘Burden’’ is
defined at 5 CFR 1320.3(b).
Executive Order 12898 (59 FR 7629,
February 16, 1994) establishes Federal
executive policy on environmental
justice. Because this rule codifies preexisting State rules which are at least
equivalent to, and no less stringent than
existing federal requirements, and
imposes no additional requirements
beyond those imposed by State law, and
there are no anticipated significant
adverse human health or environmental
effects, the rule is not subject to
Executive Order 12898.
The Congressional Review Act, 5
U.S.C. 801–808, generally provides that
before a rule may take effect, the agency
promulgating the rule must submit a
rule report, which includes a copy of
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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).
List of Subjects in 40 CFR Part 272
Environmental protection, Hazardous
waste, Hazardous waste transportation,
Incorporation by reference,
Intergovernmental relations, Water
pollution control, Water supply.
Dated: January 23, 2020.
Kenley McQueen,
Regional Administrator, Region 6.
For the reasons set forth in the
preamble, EPA is amending 40 CFR part
272 as follows:
PART 272—APPROVED STATE
HAZARDOUS WASTE MANAGEMENT
PROGRAMS
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).
2. Revise § 272.1851 to read as
follows:
■
§ 272.1851 Oklahoma State-Administered
program: Final authorization.
(a) History of the State of Oklahoma
authorization. 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, December 23, 1996 (as corrected
effective March 14, 1997), July 14, 1998
and November 23, 1998, February 8,
1999, May 30, 2000, July 10, 2000,
March 5, 2001, June 9, 2003, April 6,
2009, June 6, 2011, May 14, 2012, July
29, 2013, October 28, 2014, September
11, 2017, and March 13, 2019.
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(b) Enforcement authority. 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)
Incorporation by reference. 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 (c)(1) 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; website:
https://www.sos.ok.gov/oar/
Default.aspx. The statutes are available
from Thomson Reuters, 610 Opperman
Drive, Eagan, Minnesota 55123; Phone:
1–888–728–7677; website: https://
legalsolutions.thomsonreuters.com. You
may inspect a copy at EPA Region 6,
1201 Elm Street, Suite 500, Dallas,
Texas 75270 (Phone number (214) 665–
8533), or at the National Archives and
Records Administration (NARA). For
information on the availability of this
material at NARA, email fedreg.legal@
nara.gov, or go to: https://
www.archives.gov/federal-register/cfr/
ibr-locations.html.
(i) The compilation entitled ‘‘EPAApproved Oklahoma Statutory and
Regulatory Requirements Applicable to
the Hazardous Waste Management
Program’’, March 2019. Only those
provisions that have been authorized by
EPA are incorporated by reference.
Those provisions are listed in appendix
A to this part.
(ii) [Reserved]
(2) Legal basis. 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 August 26,
2016, 21 Oklahoma Statutes (O.S.),
Sections 1230.1 et seq.
(ii) Oklahoma Open Meeting Act, as
amended through August 26, 2016, 25
Oklahoma Statutes (O.S.), Sections 301
et seq.
(iii) Oklahoma Statutes (O.S.), Title
27A, ‘‘Environment and Natural
Resources’’, as amended through August
26, 2016: 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, and 2–3–
501 through 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, 2–7–114, 2–7–115, 2–7–116(A),
2–7–116(G), 2–7–116(I)(1), 2–7–117, 2–
7–123 (except 2–7–123(F), 2–7–126, and
2–7–129 through 2–7–133; ‘‘Oklahoma
Uniform Environmental Permitting
Act’’, Sections 2–14–101 et seq.
(iv) Oklahoma Open Records Act, as
amended through August 26, 2016, 51
Oklahoma Statutes (O.S.), Sections
24A.1 et seq.
(v) Oklahoma Administrative
Procedures Act, as amended through
August 26, 2016, 75 Oklahoma Statutes
(O.S.), Sections 250 et seq.
(vi) The Oklahoma Administrative
Code (OAC), Title 252, Chapter 205,
Hazardous Waste Management, effective
September 15, 2017 (2016 Edition, as
amended by the 2017 Supplement):
Subchapter 1, Sections 252:205–1–1(b),
252:205–1–3(a) and (b), 252:205–1–4(a)
through (d); Subchapter 3, Sections
252:205–3–2(a) introductory paragraph,
(a)(1), and (a)(3); Subchapter 11, Section
252:205–11–3.
(3) Related legal provisions. 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 August 26, 2016, Sections 2–7–
119, 2–7–121, 2–7–121.1, and 2–7–134.
(ii) The Oklahoma Administrative
Code (OAC), Title 252, Chapter 205,
effective September 15, 2017 (2016
Edition, as amended by the 2017
Supplement): 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.
(i) Oklahoma has adopted, but is not
authorized to implement, the Federal
rules that are listed in the table in this
paragraph (c)(4)(i). The EPA will
continue to implement the Federal
Hazardous and Solid Waste Act
Amendments of 1984 (HSWA)
requirements for which Oklahoma is not
authorized until the State receives
specific authorization for those
requirements. The EPA will not enforce
the non-HSWA Federal rules although
they may be enforceable under State
law. For those Federal rules that contain
both HSWA and non-HSWA
requirements, the EPA will enforce only
the HSWA portions of the rules.
TABLE 1 TO PARAGRAPH (c)(4)(i)
Federal Register
reference
Federal requirement
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Listing of Spent Pickle Liquor (K062), (Correction 2) (Non-HSWA) (Rule 26.2) ...............................................
Land Disposal Restrictions for Third Third Scheduled Wastes (40 CFR 261.33(c) only) (Non-HSWA) (Rule
78N).
Toxicity Characteristics; Hydrocarbon Recovery Operations (HSWA) (Checklist 80) .......................................
Toxicity Characteristics; Chlorofluorocarbon Refrigerants (HSWA) (Checklist 84) ............................................
Administrative Stay for K069 Listing (Non-HSWA) (Checklist 88) .....................................................................
Amendments to Interim Status Standards for Downgradient Ground-water Monitoring Well Locations (NonHSWA) (Checklist 99).
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55 FR 28697
55 FR 22520
55
56
56
56
56
56
06FER1
FR
FR
FR
FR
FR
FR
40834
3978
13406
5910
19951
66365
Publication
date
8/3/87
6/1/90
10/5/90
2/1/91
4/2/91
2/13/91
5/1/91
12/23/91
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TABLE 1 TO PARAGRAPH (c)(4)(i)—Continued
Federal Register
reference
Federal requirement
Hazardous Waste Management System; Testing and Monitoring Activities, Land Disposal Restrictions Correction (Non-HSWA) (Rule 126.1).
Hazardous Waste Management System; Carbamate Production Identification and Listing of Hazardous
Waste; Correction (Non-HSWA) (Rule 140.2).
Removal of Legally Obsolete Rules (HSWA/Non-HSWA) (Checklist 144) ........................................................
Inorganic Chemical Manufacturing Wastes; Land Disposal Restrictions for Newly Identified Wastes; Correction (HSWA/Non-HSWA) (Rule 195.1).
Methods Innovation: SW–846 (HSWA/Non-HSWA) (Checklist 208) .................................................................
Definition of Solid Waste (Non-HSWA) (Checklist 233) .....................................................................................
(ii) The Federal rules listed in the
table in this paragraph (c)(4)(ii) are not
delegable to States. Oklahoma has
excluded the rules from its
incorporation by reference of the
Federal regulations. EPA retains its
Publication
date
59 FR 47980
9/19/94
60 FR 25619
5/12/95
60 FR 33912
67 FR 17119
6/29/95
4/9/02
70 FR 34538
70 FR 44150
80 FR 1694
6/14/05
8/1/05
1/13/15
authority for the implementation and
enforcement of these rules.
TABLE 2 TO PARAGRAPH (c)(4)(ii)
Federal Register
reference
Federal requirement
Imports and Exports of Hazardous Waste: Implementation of OECD Council Decision (HSWA)
(Checklist 152).
OECD Requirements; Export Shipments of Spent Lead-Acid Batteries (Non-HSWA) (Checklist 222)
(5) Terminated Federal program.
Oklahoma adopted and was authorized
for the following Federal program as
Publication date
61 FR 16290
April 12, 1996.
75 FR 1236
January 8, 2010.
amended, which has since been
terminated by the U.S. EPA:
TABLE 3 TO PARAGRAPH (c)(5)
Federal Register
reference
Federal requirement
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National Environmental Performance Track Program (Checklist 204) ..................................................
National Environmental Performance Track Program; Corrections (Rule 204.1) ..................................
Burden Reduction Initiative (Checklist 213); amendments to the following provisions regarding Performance Track: 40 CFR 260.10, 264.15, 264.174, 264.195, 264.1101, 265.15, 265.174, 265.195,
265.201, 265.1101, 270.42(l) and Item O.1 of Appendix I to 270.42..
(6) Memorandum of Agreement. The
Memorandum of Agreement between
EPA Region 6 and the State of
Oklahoma, signed by the EPA Regional
Administrator on May 15, 2013, is
referenced as part of the authorized
hazardous waste management program
under subtitle C of RCRA, 42 U.S.C.
6921, et seq.
(7) 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,
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July 12, 2005, July 03, 2006, August 25,
2008, December 23, 2009, October 11,
2010, October 31, 2011, July 27, 2012,
July 1, 2013, June 22, 2015, and March
22, 2017 are referenced as part of the
authorized hazardous waste
management program under subtitle C
of RCRA, 42 U.S.C. 6921 et seq.
(8) 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
*
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*
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*
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69 FR 21737
69 FR 62217
71 FR 16862
Publication date
April 22, 2004.
October 25, 2004.
April 4, 2006.
Oklahoma
The statutory provisions include:
Oklahoma Hazardous Waste Management
Act, as amended, 27A Oklahoma Statutes
(O.S.) 2011 Main Volume and where
indicated, amendments through August 26,
2016 as published in the 2017 Cumulative
Annual Pocket Part, 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) (2017 Pocket
Part), 2–7–116(I)(2) (2017 Pocket Part), 2–7–
118 (2017 Pocket Part), 2–7–124, 2–7–125, 2–
7–127, and 2–10–301(G), as published by
Thomson Reuters, 610 Opperman Drive,
Eagan, Minnesota 55123; Phone: 1–888–728–
7677; website: https://
legalsolutions.thomsonreuters.com.
The regulatory provisions include:
The Oklahoma Administrative Code
(OAC), Title 252, Chapter 205, effective
September 15, 2017 (2016 Edition, as
amended by the 2017 Supplement):
Subchapter 1, Sections 252:205–1–1(a),
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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
introductory paragraph, 252:205–3–1(1),
252:205–3–2(a)(2), 252:205–3–2(b), 252:205–
3–2(c) (2017 Supplement), 252:205–3–2(d)
through (n), 252:205–3–4 through 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, 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) through (e),
252:205–11–2; and Subchapter 13, Sections
252:205–13–1(a) through (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; website: https://www.sos.ok.gov/
oar/Default.aspx.
*
*
*
*
*
[FR Doc. 2020–01478 Filed 2–5–20; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 622
[Docket No. 200123–0027]
RIN 0648–BI96
Fisheries of the Caribbean, Gulf of
Mexico, and South Atlantic; Shrimp
Fishery of the Gulf of Mexico;
Amendment 18
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule.
AGENCY:
NMFS issues regulations to
implement Amendment 18 to the
Fishery Management Plan (FMP) for the
Shrimp Fishery of the Gulf of Mexico
U.S. Waters (Amendment 18), as
prepared and submitted by the Gulf of
Mexico (Gulf) Fishery Management
Council (Council). This final rule will
modify the target reduction goal for
juvenile red snapper mortality in the
Federal Gulf penaeid shrimp trawl
fishery, and will modify the FMP
framework procedures. The purposes of
Amendment 18 are to promote
economic stability, to achieve optimum
yield in the Federal Gulf shrimp fishery
by reducing effort constraints, and to
equitably distribute the benefits from
red snapper rebuilding, while
continuing to protect the Gulf red
snapper stock.
lotter on DSKBCFDHB2PROD with RULES
SUMMARY:
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This final rule is effective March
9, 2020.
ADDRESSES: Electronic copies of
Amendment 18, which includes a
fishery impact statement, a Regulatory
Flexibility Act analysis, and a regulatory
impact review, may be obtained from
the Southeast Regional Office website at
https://www.fisheries.noaa.gov/action/
amendment-18-modifying-shrimp-effortthreshold.
FOR FURTHER INFORMATION CONTACT:
Frank Helies, telephone: 727–824–5305,
or email: Frank.Helies@noaa.gov.
SUPPLEMENTARY INFORMATION: The
shrimp fishery in the Gulf is managed
under the FMP. The FMP was prepared
by the Council and implemented
through regulations at 50 CFR part 622
under the authority of the MagnusonStevens Fishery Conservation and
Management Act (Magnuson-Stevens
Act).
On August 1, 2019, NMFS published
a notice of availability for Amendment
18 and requested public comment (84
FR 37611). NMFS approved
Amendment 18 on October 25, 2019. On
August 29, 2019, NMFS published a
proposed rule for Amendment 18 and
requested public comment (84 FR
45459). The proposed rule and
Amendment 18 outline the rationale for
the action contained in this final rule.
A summary of the management
measures described in Amendment 18
and implemented by this final rule is
provided below.
The 2005 Southeast Data, Assessment,
and Review (SEDAR) 7 stock assessment
for Gulf red snapper identified bycatch
of red snapper by the Gulf shrimp
fishery as a primary factor affecting the
recovery of the stock (SEDAR 7 2005).
The assessment indicated a need to
reduce the red snapper bycatch
mortality attributed to shrimp trawls by
74 percent, compared to levels of effort
and mortality experienced during the
baseline 2001–2003 period.
To end overfishing of red snapper and
rebuild the stock by 2032 in compliance
with the rebuilding plan, the Council
developed Amendment 14 to the FMP to
cap shrimp fishing effort in statistical
zones 10–21 in the 10–30 fathom (18.29
m–54.86 m) depth zone of the western
Gulf (i.e., the area monitored for
juvenile red snapper bycatch). The
reduction goal for juvenile red snapper
mortality was linked to a reduction in
shrimp fishing effort of 74 percent
below fishing effort during the baseline
2001–2003 period. Consistent with
Amendment 14, NMFS reduced the
threshold level to 67 percent of the
baseline in 2011. Amendment 14 also
stated that the target reduction goal
DATES:
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should decrease to 60 percent (i.e.,
shrimp effort could increase) by 2032
(the final year of the red snapper
rebuilding plan).
The Gulf red snapper stock is no
longer overfished or undergoing
overfishing, and continues to rebuild,
consistent with the rebuilding plan
(SEDAR 52 2018). Also, as described in
Amendment 18, recent research
indicates that the effect of the shrimp
fishery on red snapper mortality is less
than previously determined. In response
to a request by the Council, the NMFS
Southeast Fisheries Science Center
(SEFSC) conducted an analysis to
determine if effort in the shrimp fishery
could increase without affecting red
snapper rebuilding. The analysis
indicated that increasing shrimp effort
to the level considered in Amendment
14 (60 percent below the baseline years
of 2001–2003) is unlikely to affect the
rebuilding timeline of red snapper, and
would have little impact on red snapper
annual catch limits.
Management Measures Codified in This
Final Rule
This final rule implements measures
to modify the target reduction goal for
juvenile red snapper mortality in the
Federal Gulf shrimp trawl fishery, and
modifies the FMP framework
procedures.
Target Reduction Goal
This final rule implements a
reduction for trawl bycatch mortality on
red snapper to 60 percent below the
baseline effort in the years 2001–2003.
As discussed in Amendment 18 and the
proposed rule, the analysis done by the
SEFSC indicates that allowing shrimp
effort to increase consistent with the
lower threshold would not impact the
red snapper rebuilding plan established
in Amendment 22 to the Reef Fish FMP
(70 FR 32266; June 2, 2005), and would
have only a small impact on red snapper
catch levels. The projected reduction in
the red snapper acceptable biological
catch (ABC) in the short term (over the
next 3 years) is no more than 100,000
lb (45,359 kg) per year and, in the long
term, no more than 200,000 lb (90,719
kg) per year.
FMP Framework Procedures
This final rule revises the FMP
framework procedure to allow changes
to the target reduction goal for juvenile
red snapper mortality through the
standard open framework
documentation process. This final rule
also modifies the FMP abbreviated
documentation process to allow
specification of an ABC recommended
by the Council’s Scientific and
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]]>Agencies
[Federal Register Volume 85, Number 25 (Thursday, February 6, 2020)]
[Rules and Regulations]
[Pages 6810-6816]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-01478]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 272
[EPA-R06-RCRA-2019-0343; FRL-10001-54-Region 6]
Oklahoma: Incorporation by Reference of Approved State Hazardous
Waste Management Program
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This 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. The Environmental Protection Agency (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 are authorized and that
[[Page 6811]]
EPA will enforce under the Solid Waste Disposal Act, commonly referred
to as the Resource Conservation and Recovery Act (RCRA). The EPA
previously provided notifications and opportunity for comments on the
Agency's decisions to authorize the State of Oklahoma program and the
EPA is not now reopening the decisions, nor requesting comments, on the
Oklahoma authorizations as previously published in the Federal Register
documents specified in Section I.C of this final rule document.
DATES: This regulation is effective March 9, 2020. The Director of the
Federal Register approves this incorporation by reference as of March
9, 2020 in accordance with 5 U.S.C. 552(a) and 1 CFR part 51.
ADDRESSES: The EPA has established a docket for this action under
Docket ID No. EPA-R06-RCRA-2019-0343. All documents in the docket are
listed in www.regulations.gov index. Although listed in the index, some
of the information is not publicly available. e.g., Confidential
Business Information or other information whose disclosure is
restricted by statute. Certain other material, such as copyrighted
material, will be publicly available only in hard copy. Publicly
available docket materials are available electronically through
www.regulations.gov.
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, 1201 Elm Street, Suite 500, Dallas, Texas, 75270, phone
number (214) 665-8533. Interested persons wanting to examine these
documents should make an appointment with the office.
FOR FURTHER INFORMATION CONTACT: Alima Patterson, Region 6 Regional
Authorization/Codification Coordinator, RCRA Permit Section (LCR-RP),
Land, Chemicals and Redevelopment Division, EPA Region 6, 1201 Elm
Street, Suite 500, Dallas, Texas 75270, phone number: (214) 665-8533,
email address: [email protected].
SUPPLEMENTARY INFORMATION:
I. Incorporation by Reference
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 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. Why wasn't there a proposed rule before this rule?
The EPA is publishing this rule to codify Oklahoma's authorized
hazardous waste management program without a prior proposal because we
believe this action is not controversial. The reason being that, in
accordance with section 3006(b) of RCRA, EPA has already evaluated the
State's regulatory and statutory requirements and has determined that
the State's program meets the statutory and regulatory requirements
established by RCRA. The EPA previously provided notifications and
opportunity for comments on the Agency's decisions to authorize the
Oklahoma program. The EPA is not now reopening the decisions, nor
requesting new comments, on the Oklahoma authorizations as previously
published in the Federal Register documents specified in Section I.C of
this final rule document. The previous authorizations form the basis
for the codification addressed in this final rule.
C. What is the history of the authorization and codification of
Oklahoma's hazardous waste management program?
Oklahoma initially received final authorization on December 27,
1984, effective January 10, 1985, (49 FR 50362) to implement its Base
Hazardous Waste Management program. We granted authorization for
changes to their program on April 17, 1990 (55 FR 14280), effective
June 18, 1990; September 26, 1990 (55 FR 39274), effective November 27,
1990; April 2, 1991 (56 FR 13411), effective June 3, 1991; September
20, 1991 (56 FR 47675), effective November 19, 1991; September 29, 1993
(58 FR 50854), effective November 29, 1993; October 7, 1994 (59 FR
51116), effective December 21, 1994; January 11, 1995 (60 FR 2699),
effective April 27, 1995; October 9, 1996 (61 FR 52884), effective
December 23, 1996, as corrected on March 14, 1997 (62 FR 12100),
effective March 14, 1997; April 30, 1998 63 FR 23673), effective July
14, 1998; September 22, 1998 (63 FR 50528), effective November 23,
1998; December 9, 1998 (63 FR 67800), effective February 8, 1999; March
29, 2000 (65 FR 16528), effective May 30, 2000; May 10, 2000 (65 FR
29981), effective July 10, 2000; January 2, 2001 (66 FR 28), effective
March 5, 2001; April 9, 2003 (68 FR 17308), effective June 9, 2003;
February 4, 2009 (74 FR 5994), effective April 6, 2009; April 6, 2011
(76 FR 18927), effective June 6, 2011; March 15, 2012 (77 FR 15273),
effective May 14, 2012; May 29, 2013 (78 FR 32161), effective July 29,
2013; August 29, 2014 (79 FR 51497), effective October 28, 2014; July
13, 2017 (82 FR 32249), effective September 11, 2017, and March 13,
2019 (84 FR 8988), effective March 13, 2019.
The EPA incorporated by reference Oklahoma's then authorized
hazardous waste program effective December 13, 1993 (58 FR 52679), July
14, 1998 (63 FR 23673), October 25, 1999 (64 FR 46567), October 27,
2003 (68 FR 51488), August 27, 2010 (75 FR 36546), July 16, 2012 (77 FR
29231), October 9, 2012 (77 FR 46964), September 2, 2014 (79 FR 37226),
and December 27, 2016 (81 FR 73347). In this document, the EPA is
revising subpart LL of 40 CFR part 272 to include the recent
authorization revision actions effective September 11, 2017 (82 FR
32249) and March 13, 2019 (84 FR 8988).
D. What codification decisions have we made in this rule?
In this rule, the EPA is finalizing regulatory text that includes
incorporation by reference of the authorized hazardous waste management
program of the State of Oklahoma. In accordance with requirements of 1
CFR 51.5, the EPA is finalizing the incorporation by reference of the
Oklahoma rules described in the amendments to 40 CFR part 272 set forth
in Sec. 272.1851. The EPA has made, and will continue to make, these
documents available electronically through https://www.regulations.gov
and in hard copy at the appropriate EPA office (see the ADDRESSES
section of this preamble for more information).
The purpose of this Federal Register document is to codify
Oklahoma's base hazardous waste management program and its revisions to
that program. The EPA provided notifications 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
[[Page 6812]]
authorizations as published in the Federal Register documents specified
in Section I.C 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 CFR, 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 and regulatory 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 Description, which are approved as part of the hazardous waste
management program under Subtitle C of RCRA.
E. 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 analogs 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 and regulatory 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.
F. 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 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; and
(3) A Federal program which has since been terminated by the U.S.
EPA.
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 August 3, 1987 (52 FR 28697); June
1, 1990 (55 FR 22520, 261.33(c) only); 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); September 19, 1994 (59 FR 47980); May 12, 1995 (60 FR 25619);
June 29, 1995 (60 FR 33912), April 9, 2002 (67 FR 17119); June 14, 2005
(70 FR 34538), August 1, 2005 (70 FR 44150); and January 13, 2015 (80
FR 1694). 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. After review and analysis of the
State's regulations, the EPA has notified the State to seek
authorization for the unauthorized rules that the State has adopted and
are documented in this Federal Register document. The EPA expects the
State to include these rules as part of their next Program Revision
Application package.
Oklahoma adopted and was authorized for (1) the Federal Performance
Track program, as published in the Federal Register on April 22, 2004
(69 FR 21737), and amended on October 25, 2004 (69 FR 62217), and (2)
the following provisions regarding Performance Track in the April 4,
2006 (71 FR 16862) Burden Reduction Initiative amendments: 40 CFR
260.10, 264.15, 264.174, 264.195, 264.1101, 265.15, 265.174, 265.195,
265.201, 265.1101, 270.42(l) and Item O.1 of Appendix I to 270.42. The
Performance Track program has since been terminated by the U.S. EPA.
Oklahoma is in the process of revising their regulations to adopt the
removal of the Performance Track provisions from the Federal
regulations, as addressed in the Generator Improvement rule (81 FR
85732; May 30, 2017).
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.
G. 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
non-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
[[Page 6813]]
the HSWA requirements and not the State analogs. The EPA will not
codify those State requirements until the State receives authorization
for those requirements.
II. Statutory and Executive Order Reviews
The Office of Management and Budget (OMB) has exempted this action
from the requirements of Executive Orders 12866 (58 FR 51735, October
4, 1993) and 13563 (76 FR 3821, January 21, 2011). This action
incorporates by reference Oklahoma's authorized hazardous waste
management regulations and imposes no additional requirements beyond
those imposed by State law. Therefore, this action is not subject to
review by OMB. This action is not an Executive Order 13771 (82 FR 9339,
February 3, 2017) regulatory action because actions such as this
codification of Oklahoma's revised hazardous waste program under RCRA
are exempted under Executive Order 12866. 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 incorporates by
reference pre-existing 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 (2 U.S.C. 1531-1538). 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
levels of government, as specified in Executive Order 13132 (64 FR
43255, August 10, 1999), because it merely incorporates by reference
existing authorized requirements as part of the State RCRA hazardous
waste management 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 section 3006(b), 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 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. 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.). ``Burden'' is defined at 5 CFR
1320.3(b).
Executive Order 12898 (59 FR 7629, February 16, 1994) establishes
Federal executive policy on environmental justice. Because this rule
codifies pre-existing State rules which are at least equivalent to, and
no less stringent than existing federal requirements, and imposes no
additional requirements beyond those imposed by State law, and there
are no anticipated significant adverse human health or environmental
effects, the rule is not subject to Executive Order 12898.
The Congressional Review Act, 5 U.S.C. 801-808, 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).
List of Subjects in 40 CFR Part 272
Environmental protection, Hazardous waste, Hazardous waste
transportation, Incorporation by reference, Intergovernmental
relations, Water pollution control, Water supply.
Dated: January 23, 2020.
Kenley McQueen,
Regional Administrator, Region 6.
For the reasons set forth in the preamble, EPA is amending 40 CFR
part 272 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) History of the State of Oklahoma authorization. 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, December 23, 1996 (as corrected
effective March 14, 1997), July 14, 1998 and November 23, 1998,
February 8, 1999, May 30, 2000, July 10, 2000, March 5, 2001, June 9,
2003, April 6, 2009, June 6, 2011, May 14, 2012, July 29, 2013, October
28, 2014, September 11, 2017, and March 13, 2019.
[[Page 6814]]
(b) Enforcement authority. 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) Incorporation by reference.
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 (c)(1) 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; website: https://www.sos.ok.gov/oar/Default.aspx. The statutes are available from
Thomson Reuters, 610 Opperman Drive, Eagan, Minnesota 55123; Phone: 1-
888-728-7677; website: https://legalsolutions.thomsonreuters.com. You
may inspect a copy at EPA Region 6, 1201 Elm Street, Suite 500, Dallas,
Texas 75270 (Phone number (214) 665-8533), or at the National Archives
and Records Administration (NARA). For information on the availability
of this material at NARA, email [email protected], or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.
(i) The compilation entitled ``EPA-Approved Oklahoma Statutory and
Regulatory Requirements Applicable to the Hazardous Waste Management
Program'', March 2019. Only those provisions that have been authorized
by EPA are incorporated by reference. Those provisions are listed in
appendix A to this part.
(ii) [Reserved]
(2) Legal basis. 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 August
26, 2016, 21 Oklahoma Statutes (O.S.), Sections 1230.1 et seq.
(ii) Oklahoma Open Meeting Act, as amended through August 26, 2016,
25 Oklahoma Statutes (O.S.), Sections 301 et seq.
(iii) Oklahoma Statutes (O.S.), Title 27A, ``Environment and
Natural Resources'', as amended through August 26, 2016: 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, and 2-3-501 through
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, 2-7-114, 2-7-115, 2-7-116(A), 2-7-
116(G), 2-7-116(I)(1), 2-7-117, 2-7-123 (except 2-7-123(F), 2-7-126,
and 2-7-129 through 2-7-133; ``Oklahoma Uniform Environmental
Permitting Act'', Sections 2-14-101 et seq.
(iv) Oklahoma Open Records Act, as amended through August 26, 2016,
51 Oklahoma Statutes (O.S.), Sections 24A.1 et seq.
(v) Oklahoma Administrative Procedures Act, as amended through
August 26, 2016, 75 Oklahoma Statutes (O.S.), Sections 250 et seq.
(vi) The Oklahoma Administrative Code (OAC), Title 252, Chapter
205, Hazardous Waste Management, effective September 15, 2017 (2016
Edition, as amended by the 2017 Supplement): Subchapter 1, Sections
252:205-1-1(b), 252:205-1-3(a) and (b), 252:205-1-4(a) through (d);
Subchapter 3, Sections 252:205-3-2(a) introductory paragraph, (a)(1),
and (a)(3); Subchapter 11, Section 252:205-11-3.
(3) Related legal provisions. 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 August 26, 2016, Sections
2-7-119, 2-7-121, 2-7-121.1, and 2-7-134.
(ii) The Oklahoma Administrative Code (OAC), Title 252, Chapter
205, effective September 15, 2017 (2016 Edition, as amended by the 2017
Supplement): 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. (i) Oklahoma has adopted, but is
not authorized to implement, the Federal rules that are listed in the
table in this paragraph (c)(4)(i). The EPA will continue to implement
the Federal Hazardous and Solid Waste Act Amendments of 1984 (HSWA)
requirements for which Oklahoma is not authorized until the State
receives specific authorization for those requirements. The EPA will
not enforce the non-HSWA Federal rules although they may be enforceable
under State law. For those Federal rules that contain both HSWA and
non-HSWA requirements, the EPA will enforce only the HSWA portions of
the rules.
Table 1 to Paragraph (c)(4)(i)
------------------------------------------------------------------------
Federal Register Publication
Federal requirement reference date
------------------------------------------------------------------------
Listing of Spent Pickle Liquor 55 FR 28697 8/3/87
(K062), (Correction 2) (Non-
HSWA) (Rule 26.2).
Land Disposal Restrictions for 55 FR 22520 6/1/90
Third Third Scheduled Wastes
(40 CFR 261.33(c) only) (Non-
HSWA) (Rule 78N).
Toxicity Characteristics; 55 FR 40834 10/5/90
Hydrocarbon Recovery Operations 56 FR 3978 2/1/91
(HSWA) (Checklist 80). 56 FR 13406 4/2/91
Toxicity Characteristics; 56 FR 5910 2/13/91
Chlorofluorocarbon Refrigerants
(HSWA) (Checklist 84).
Administrative Stay for K069 56 FR 19951 5/1/91
Listing (Non-HSWA) (Checklist
88).
Amendments to Interim Status 56 FR 66365 12/23/91
Standards for Downgradient
Ground[dash]water Monitoring
Well Locations (Non-HSWA)
(Checklist 99).
[[Page 6815]]
Hazardous Waste Management 59 FR 47980 9/19/94
System; Testing and Monitoring
Activities, Land Disposal
Restrictions Correction (Non-
HSWA) (Rule 126.1).
Hazardous Waste Management 60 FR 25619 5/12/95
System; Carbamate Production
Identification and Listing of
Hazardous Waste; Correction
(Non-HSWA) (Rule 140.2).
Removal of Legally Obsolete 60 FR 33912 6/29/95
Rules (HSWA/Non-HSWA)
(Checklist 144).
Inorganic Chemical Manufacturing 67 FR 17119 4/9/02
Wastes; Land Disposal
Restrictions for Newly
Identified Wastes; Correction
(HSWA/Non-HSWA) (Rule 195.1).
Methods Innovation: SW-846 (HSWA/ 70 FR 34538 6/14/05
Non-HSWA) (Checklist 208). 70 FR 44150 8/1/05
Definition of Solid Waste (Non- 80 FR 1694 1/13/15
HSWA) (Checklist 233).
------------------------------------------------------------------------
(ii) The Federal rules listed in the table in this paragraph
(c)(4)(ii) are not delegable to States. Oklahoma has excluded the rules
from its incorporation by reference of the Federal regulations. EPA
retains its authority for the implementation and enforcement of these
rules.
Table 2 to Paragraph (c)(4)(ii)
----------------------------------------------------------------------------------------------------------------
Federal requirement Federal Register reference Publication date
----------------------------------------------------------------------------------------------------------------
Imports and Exports of Hazardous Waste: 61 FR 16290 April 12, 1996.
Implementation of OECD Council Decision
(HSWA) (Checklist 152).
OECD Requirements; Export Shipments of 75 FR 1236 January 8, 2010.
Spent Lead-Acid Batteries (Non-HSWA)
(Checklist 222).
----------------------------------------------------------------------------------------------------------------
(5) Terminated Federal program. Oklahoma adopted and was authorized
for the following Federal program as amended, which has since been
terminated by the U.S. EPA:
Table 3 to Paragraph (c)(5)
----------------------------------------------------------------------------------------------------------------
Federal requirement Federal Register reference Publication date
----------------------------------------------------------------------------------------------------------------
National Environmental Performance Track 69 FR 21737 April 22, 2004.
Program (Checklist 204).
National Environmental Performance Track 69 FR 62217 October 25, 2004.
Program; Corrections (Rule 204.1).
Burden Reduction Initiative (Checklist 71 FR 16862 April 4, 2006.
213); amendments to the following
provisions regarding Performance Track:
40 CFR 260.10, 264.15, 264.174, 264.195,
264.1101, 265.15, 265.174, 265.195,
265.201, 265.1101, 270.42(l) and Item
O.1 of Appendix I to 270.42..
----------------------------------------------------------------------------------------------------------------
(6) Memorandum of Agreement. The Memorandum of Agreement between
EPA Region 6 and the State of Oklahoma, signed by the EPA Regional
Administrator on May 15, 2013, is referenced as part of the authorized
hazardous waste management program under subtitle C of RCRA, 42 U.S.C.
6921, et seq.
(7) 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, December
23, 2009, October 11, 2010, October 31, 2011, July 27, 2012, July 1,
2013, June 22, 2015, and March 22, 2017 are referenced as part of the
authorized hazardous waste management program under subtitle C of RCRA,
42 U.S.C. 6921 et seq.
(8) 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.
0
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 Statutes (O.S.) 2011 Main Volume and where indicated,
amendments through August 26, 2016 as published in the 2017
Cumulative Annual Pocket Part, 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) (2017 Pocket Part),
2-7-116(I)(2) (2017 Pocket Part), 2-7-118 (2017 Pocket Part), 2-7-
124, 2-7-125, 2-7-127, and 2-10-301(G), as published by Thomson
Reuters, 610 Opperman Drive, Eagan, Minnesota 55123; Phone: 1-888-
728-7677; website: https://legalsolutions.thomsonreuters.com.
The regulatory provisions include:
The Oklahoma Administrative Code (OAC), Title 252, Chapter 205,
effective September 15, 2017 (2016 Edition, as amended by the 2017
Supplement): Subchapter 1, Sections 252:205-1-1(a),
[[Page 6816]]
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
introductory paragraph, 252:205-3-1(1), 252:205-3-2(a)(2), 252:205-
3-2(b), 252:205-3-2(c) (2017 Supplement), 252:205-3-2(d) through
(n), 252:205-3-4 through 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, 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)
through (e), 252:205-11-2; and Subchapter 13, Sections 252:205-13-
1(a) through (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; website: https://www.sos.ok.gov/oar/Default.aspx.
* * * * *
[FR Doc. 2020-01478 Filed 2-5-20; 8:45 am]
BILLING CODE 6560-50-P
