§ 272.1851 - Oklahoma State-Administered program: Final authorization.

§ 272.1851 Oklahoma State-Administered program: Final authorization.

Cross Reference

Link to an amendment published at 85 FR 6813, Feb. 6, 2020.

(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, March May 30, 2000, July 10, 2000, March 5, 2001, June 9, 2003, April 6, 2009, May June 6, 2011, May 14, 2012, July 29, 2013, and October 28, 2014, September 11, 2017, and March 13, 2019.

(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 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 West Publishing CompanyThomson Reuters, 610 Opperman Drive, P. O. Box 64526, St. Paul, Minnesota 55164 0526Eagan, Minnesota 55123; Phone: [phone]; website: http://westlegalsolutions.thomsonthomsonreuters.com. You may inspect a copy at EPA Region 6, RCRA Permits Section (LCR-RP), Land, Chemicals and Redevelopment Division, EPA Region 6, 1201 Elm Street, Suite 500, Dallas, Texas 75270 (Phone number [phone] or [phone]), or at the National Archives and Records Administration (NARA). For information on the availability of this material at NARA, email [e-mail], or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

(i) The binder compilation entitled “EPA-Approved Oklahoma Statutory and Regulatory Requirements Applicable to the Hazardous Waste Management Program”, October, 2014March 2019. Only those provisions that have been authorized by EPA are incorporated by reference. These Those provisions are listed in Appendix appendix A to Part 272this 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 effective July 1, 2013through August 26, 2016, 21 Oklahoma Statutes (O.S.), Sections 1230.1 et seq.

(ii) Oklahoma Open Meeting Act, as amended effective July 1, 2013through 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 effective July 1, 2013through 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 2-3-502, 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, 2-7-114, 2-7-115, 2-7-116(A), 2-7-116(G), 2-7-116(HI)(1), 2-7-117, 2-7-123 , (except 2-7-126123(F), 2-7-129126, and 2-7-130, 129 through 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 effective July 1, 2013through August 26, 2016, 51 Oklahoma Statutes (O.S.), Sections 24A.1 et seq.

(v) Oklahoma Administrative Procedures Act, as amended effective July 1, 2013through 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 July 1September 15, 2013 2017 (2011 2016 Edition, as amended by the 2013 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, 252:205-3-2 (a)(1), and 252:205-3-2 (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 effective July 1, 2013through August 26, 2016, 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 1September 15, 2013 2017 (2011 2016 Edition, as amended by the 2013 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 following tabletable 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)

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Federal requirement	Federal Register reference	Publication date
Listing of Spent Pickle Liquor (K062), (Correction 2) (Non-HSWA) (Rule 26.2)	55 FR 28697	8/3/87
Land Disposal Restrictions for Third Third Scheduled Wastes (40 CFR 261.33(c) only) (Non-HSWA) (Rule 78N)	55 FR 22520	6/1/90
Toxicity Characteristics; Hydrocarbon Recovery Operations (HSWA) (Checklist 80)	55 FR 40834 56 FR 3978 56 FR 13406	10/5/90	56 FR 3978	2/1/91	56 FR 13406	4/2/91
Toxicity Characteristics; Chlorofluorocarbon Refrigerants (HSWA) (Checklist 84)	56 FR 5910	2/13/91
Administrative Stay for K069 Listing (Non-HSWA) (Checklist 88)	56 FR 19951	5/1/91
Amendments to Interim Status Standards for Downgradient Ground-water Monitoring Well Locations (nonNon-HSWA) (Checklist 99)	56 FR 66365	12/23/91
Hazardous Waste Management System; Testing and Monitoring Activities, Land Disposal Restrictions Correction (Non-HSWA) (Rule 126.1)	59 FR 47980	9/19/94
Hazardous Waste Management System; Carbamate Production Identification and Listing of Hazardous Waste; Correction (Non-HSWA) (Rule 140.2)	60 FR 25619	5/12/95
Removal of Legally Obsolete Rules (HSWA/Non-HSWA) (Checklist 144)	60 FR 33912	6/29/95
Mineral Processing Secondary Materials Exclusion. - (Inorganic Chemical Manufacturing Wastes; Land Disposal Restrictions for Newly Identified Wastes; Correction (HSWA/Non-HSWA) (Checklist 167D - Amendments to 40 CFR 261.2(c)(3), 261.2(c)(4)/Table, 261.2(e)(1)(iii) and 261.4(a)(16))	63 FR 28556	5/26/98	Rule 195.1)	67 FR 17119	4/9/02
Methods Innovation: SW-846 (HSWA/nonNon-HSWA) (Checklist 208)	70 FR 34538 70 FR 44150	6/14/05	70 FR 44150	8/1/05
Expansion of RCRA Comparable Fuel Exclusion Definition of Solid Waste (Non-HSWA) (Checklist 221233)	73 80 FR 77954	1694	1/1913/0815

(ii) The Federal rules listed in the table below 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: Implementation of OECD Council Decision (HSWA) (Checklist 152)	61 FR 16290	April 12, 1996.
OECD Requirements; Export Shipments of Spent Lead-Acid Batteries (Non-HSWA) (Checklist 222)	75 FR 1236	January 8, 2010.

(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 Program (Checklist 204)	69 FR 21737	April 22, 2004.
National Environmental Performance Track Program; Corrections (Rule 204.1)	69 FR 62217	October 25, 2004.
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.	71 FR 16862	April 4, 2006.

(6) Vacated Federal rules. Oklahoma adopted and was authorized for the following Federal rules which have since been vacated by the U.S. Court of Appeals for the District of Columbia Circuit (D.C. Cir. No. 98-1379 and 08-1144, respectively; June 27, 2014):

Federal requirement Federal Register reference Publication date Hazardous Waste Combustors; Revised Standards (HSWA) (Checklist 168 - 40 CFR 261.4(a)(16) and 261.38 only)63 FR 33782June 19, 1998. Exclusion of Oil-Bearing Secondary Materials Processed in a Gasification System to Produce Synthesis Gas (Checklist 216 - Definition of “Gasification” at 40 CFR 260.10 and amendment to 40 CFR 261.4(a)(12)(i))73 FR 57January 2, 2008. Withdrawal of the Emission Comparable Fuel Exclusion under RCRA (Checklist 224 - amendments to 40 CFR 261.4(a)(16) and 261.38)7 FR 33712June 15, 2010.

(7)

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.

(

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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,

March 26

December 23,

2010

2009, October 11, 2010, October 31, 2011, July 27, 2012,

and

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.

(

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8)Program

description

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.

[81 85 FR 733506813, OctFeb. 25, 2016, as amended at 84 FR 44231, Aug. 23, 20196, 2020]