[Federal Register Volume 60, Number 7 (Wednesday, January 11, 1995)]
[Rules and Regulations]
[Pages 2699-2702]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-702]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 271
[FRL-5137-7]
Oklahoma: Final Authorization of State Hazardous Waste Management
Program Revisions
AGENCY: Environmental Protection Agency.
ACTION: Immediate final rule.
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SUMMARY: The State of Oklahoma Department of Environmental Quality
(DEQ) applied for final authorization of revision to its hazardous
waste program under the Resource Conservation and Recovery Act, (RCRA),
42 U.S.C. 6926(b). The Environmental Protection Agency (EPA) reviewed
Oklahoma's application and decided that its hazardous waste program
revision satisfies all of the requirements necessary to qualify for
final authorization. Unless adverse written comments are received
during the review and comment period provided for public participation
in this process, EPA intends to approve Oklahoma's hazardous waste
program revision
[[Page 2700]]
subject to the authority retained by EPA in accordance with the
Hazardous and Solid Waste Amendments (HSWA) of 1984. Oklahoma's
application for program revision is available for public review and
comment.
DATES: This final authorization for Oklahoma shall be effective April
27, 1995 unless EPA publishes a prior Federal Register (FR) action
withdrawing this Immediate Final Rule. All comments on Oklahoma's
program revision application must be received by the close of business
February 27, 1995.
ADDRESSES: Copies of the Oklahoma program revision application and the
materials EPA used in evaluating the revision are available for
inspection and copying from 8:30 a.m. to 4 p.m. Monday through Friday
at the following addresses: State of Oklahoma Department of
Environmental Quality, 1000 Northeast Tenth Street, Oklahoma City,
Oklahoma 73117-1212, phone (405) 271-5338 and EPA, Region 6 Library,
12th Floor, First Interstate Bank Tower at Fountain Place, 1445 Ross
Avenue, Dallas, Texas 75202, phone (214) 665-6444. Written comments,
referring to Docket Number OK-95-1, should be sent to Dick Thomas,
Region 6 RCRA Authorization Coordinator, Grants and Authorization
Section (6H-HS), RCRA Programs Branch, U.S. EPA Region 6, First
Interstate Bank Tower at Fountain Place, 1445 Ross Avenue, Dallas,
Texas 75202, phone (214) 665-8528.
FOR FURTHER INFORMATION CONTACT: Dick Thomas, Region 6 RCRA
Authorization Coordinator, Grants and Authorization Section (6H-HS),
RCRA Programs Branch, U.S. EPA Region 6, First Interstate Bank Tower at
Fountain Place, 1445 Ross Avenue, Dallas, Texas 75202, phone (214) 665-
8528.
SUPPLEMENTARY INFORMATION:
A. Background
States with final authorization under Section 3006(b) of RCRA have
a continuing obligation to maintain a hazardous waste program that is
equivalent to, consistent with, and no less stringent than the Federal
hazardous waste program. Revisions to State hazardous waste programs
are necessary when Federal or State statutory or regulatory authority
is modified or when certain other changes occur. Most commonly, State
program revisions are necessitated by changes to EPA's regulations in
40 CFR 124, 260-268, and 270.
B. Oklahoma
Oklahoma initially received final authorization on January 10, 1985
(see 49 FR 50362), to implement its base hazardous waste management
program. Oklahoma received authorization for revisions to its program
on June 18, 1990 (see 55 FR 14280), November 27, 1990 (see 55 FR
39274), June 3, 1991 (see 56 FR 13411), November 19, 1991 (see 56 FR
47675) and December 21, 1994, (see 59 FR 51116). The authorized
Oklahoma RCRA program was incorporated by reference into the Code of
Federal Regulations effective December 13, 1993. On December 1, 1994,
Oklahoma submitted a final complete program revision application for
additional program approvals. Today, Oklahoma is seeking approval of
its program revision in accordance with 40 CFR 271.21(b)(3).
Specific statutory language which addressed adoption of Federal
regulations by reference was formerly found at 63 Oklahoma Statutes
(O.S.), Supp. 1992 Sec. 1-2005. This section was repealed by Oklahoma
House Bill 1002, effective July 1, 1993. Adoption by reference was
continued through the general rule making language of 27A O.S. Supp.
1993 Sec. 2-7-106. To clarify the adoption by reference abilities of
the DEQ, 27A O.S. Supp. Sec. 2-2-104 was enacted. Rules 252:200-3-2
through 252:200-3-6 adopt the Federal requirements by reference.
EPA reviewed the DEQ's application, and made an immediate final
decision that DEQ's hazardous waste program revision satisfies all of
the requirements necessary to qualify for final authorization.
Consequently, EPA intends to grant final authorization for the
additional program modifications to Oklahoma. The public may submit
written comments on EPA's final decision until February 27, 1995.
Copies of Oklahoma's application for program revision are available for
inspection and copying at the locations indicated in the ADDRESSES
section of this notice.
Approval of DEQ's program revision shall become effective 75 days
from the date this notice is published, unless an adverse written
comment pertaining to the State's revision discussed in this notice is
received by the end of the comment period. If an adverse written
comment is received, EPA will publish either (1) a withdrawal of the
immediate final decision or (2) a notice containing a response to the
comment that either affirms that the immediate final decision takes
effect or reverses the decision.
Oklahoma's program revision application includes State regulatory
changes that are equivalent to the rules promulgated in the Federal
RCRA implementing regulations in 40 CFR Parts 124, 260-262, 264, 265,
266, and 270 that were published in the FR through June 30, 1993. This
proposed approval includes the provisions that are listed in the chart
below. This chart also lists the State analogs that are being
recognized as equivalent to the appropriate Federal requirements.
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Federal citation State analog
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1. Used Oil Filter Exclusion; Technical Oklahoma Hazardous Waste
Correction, [57 FR 29220] July 1, Management Act (OHWMA), as
1992. (Checklist 107). amended, 27A Oklahoma Statutes
(O.S.), Supp. 1993, Secs. 2-2-
104, 2-7-106, and 2-7-
107(A)(5) effective July 1,
1993; and Oklahoma
Administrative Code (OAC)
Rules 252:200-3-1 through
252:200-3-6, effective May 26,
1994.
2. Toxicity Characteristics Revision; OHWMA, as amended, 27A O.S.,
Technical Corrections, [57 FR 30657] Supp. 1993, Secs. 2-2-104 and
July 10, 1992. (Checklist 108). Sec. 2-7-106, effective July
1, 1993; and OAC Rules 252:200-
3-1 through 252:200-3-6,
effective May 26, 1994.
3. Land Disposal Restrictions for Newly OHWMA, as amended, 27A O.S.,
Listed Wastes and Hazardous Debris, Supp. 1993, Secs. 2-2-104, 2-
[57 FR 37194] August 18, 1992. 7-106, and 2-7-107(A)(10)
(Checklist 109). effective July 1, 1993; and
OAC Rules 252:200-3-1 through
252:200-3-6, effective May 26,
1994.
4. Coke By-Product Listings, [57 FR OHWMA, as amended, 27A O.S.,
37284] August 18, 1992. (Checklist Supp. 1993, Secs. 2-2-104 and
110). Sec. 2-7-106, effective July
1, 1993; and OAC Rules 252:200-
3-1 through 252:200-3-6,
effective May 26, 1994.
5. Burning of Hazardous Waste in OHWMA, as amended, 27A O.S.,
Boilers and Industrial Furnaces; Supp. 1993, Secs. 2-2-104 and
Technical Amendment III, [57 FR 38558] Sec. 2-7-106, effective July
August 25, 1992. (Checklist 111). 1, 1993; and OAC Rules 252:200-
3-1 through 252:200-3-6,
effective May 26, 1994.
[[Page 2701]]
6. Recycled Used Oil Management OHWMA, as amended, 27A O.S.,
Standards, [57 FR 41566] September 10, Supp. 1993, Secs. 2-2-104, 2-
1992. (Checklist 112). 7-106, and 2-7-107(A)(5)
effective July 1, 1993; and
OAC Rules 252:200-3-1 through
252:200-3-6, effective May 26,
1994.
7. Financial Responsibility for Third- OHWMA, as amended, 27A O.S.,
Party Liability, Closure and Post- Supp. 1993, Secs. 2-2-104, 2-
Closure, [57 FR 42832] September 16, 7-106, and 2-7-116 effective
1992, [53 FR 33938] September 1, 1988, July 1, 1993; and OAC Rules
and [56 FR 30200] July 1, 1991. 252:200-3-1 through 252:200-3-
(Checklists 113, 113.1, and 113.2). 6, effective May 26, 1994.
8. Burning of Hazardous Waste in OHWMA, as amended, 27A O.S.,
Boilers and Industrial Furnaces; Supp. 1993, Secs. 2-2-104, 2-
Amendment IV, [57 FR 44999] September 7-106, 2-7-107(A)(4), and 2-7-
30, 1992. (Checklist 114). 107(A)(5), effective July 1,
1993; and OAC Rules 252:200-3-
1 through 252:200-3-6,
effective May 26, 1994.
9. Chlorinated Toluene Production Waste OHWMA, as amended, 27A O.S.,
Listing, [57 FR 47376] October 15, Supp. 1993, Secs. 2-2-104,
1992. (Checklist 115). and 2-7-106, effective July 1,
1993; and OAC Rules 252:200-3-
1 through 252:200-3-6,
effective May 26, 1994.
10. Hazardous Soil Case-By-Case OHWMA, as amended, 27A O.S.,
Capacity Variance, [57 FR 47772] Supp. 1993, Sec. 2-7-106,
October 20, 1992. (Checklist 116). effective July 1, 1993; and
OAC Rules 252:200-3-2 through
252:200-3-6, effective May 26,
1994.
11. ``Mixture'' and ``Derived-From'' OHWMA, as amended, 27A O.S.,
Rules; Response to Court Remand, [57 Supp. 1993, Secs. 2-2-104,
FR 7628] March 3, 1992, [57 FR 23062] and 2-7-106, effective July 1,
June 1, 1992, and [57 FR 49278] 1993; and OAC Rules 252:200-3-
October 20, 1992. (Checklists 117A, 1 through 252:200-3-6,
117A.1 and 117A.2). effective May 26, 1994.
12. Toxicity Characteristic Revision, OHWMA, as amended, 27A O.S.,
[57 FR 23062] June 1, 1992. (Checklist Supp. 1993, Secs. 2-2-104,
117B). and 2-7-106, effective July 1,
1993; and OAC Rules 252:200-3-
1 through 252:200-3-6,
effective May 26, 1994.
13. Liquids in Landfills II, [57 FR OHWMA, as amended, 27A O.S.,
54452] November 18, 1992. (Checklist Supp. 1993, Secs. 2-2-104, 2-
118). 7-106, 2-7-105(10), 2-7-
107(1), and 2-7-110(B),
effective July 1, 1993; and
OAC Rules 252:200-3-1 through
252:200-3-6, effective May 26,
1994.
14. Toxicity Characteristic Revision; OHWMA, as amended, 27A O.S.,
TCLP, [57 FR 55114] November 24, 1992, Supp. 1993, Secs. 2-2-104,
and [58 FR 6854] February 2, 1993. and 2-7-106, effective July 1,
(Checklists 119, and 119.1). 1993; and OAC Rules 252:200-3-
1 through 252:200-3-6,
effective May 26, 1994.
15. Wood Preserving; Amendments to OHWMA, as amended, 27A O.S.,
Listings and Technical Requirements, Supp. 1993, Secs. 2-2-104,
[57 FR 61492] December 24, 1992. and 2-7-106, effective July 1,
(Checklist 120). 1993; and OAC Rules 252:200-3-
1 through 252:200-3-6,
effective May 26, 1994.
16. Corrective Action Management Units 27A O.S., Supp. 1993, Secs. 2-
and Temporary Units; Corrective Action 2-104, 2-7-106, 2-7-126(3),
Provisions Under Subtitle C, [58 FR and 2-7-127(A), effective July
8658] February 16, 1993. (Checklist 1, 1993; and OAC Rules 252:200-
121). 3-1 through 252:200-3-6,
effective May 26, 1994.
17. Recycled Used Oil Management OHWMA, as amended, 27A O.S.,
Standards; Technical Amendments and Supp. 1993, Secs. 2-2-104, 2-
Corrections, [58 FR 26420] May 3, 7-106, and 2-7-107(A)(5),
1993, and [58 FR 33341] June 17, 1993. effective July 1, 1993; and
(Checklists 122 and 122.1). OAC Rules 252:200-3-1 through
252:200-3-6, effective May 26,
1994.
18. Land Disposal Restrictions; Renewal OHWMA, as amended, 27A O.S.,
of the Hazardous Waste Debris Case-by- Supp. 1993, Sec. 2-7-106,
Case Capacity Variance, [58 FR 28506] effective July 1, 1993; and
May 14, 1993. (Checklist 123). OAC Rules 252:200-3-1 through
252:200-3-6, effective May 26,
1994.
19. Land Disposal Restrictions for OHWMA, as amended, 27A O.S.,
Ignitable and Corrosive Characteristic Supp. 1993, Secs. 2-2-104, 2-
Waste Whose Treatment Standards Were 7-106, 2-7-105(17), and 2-7-
Vacated, [58 FR 29860] June 17, 1993. 107(A)(10), effective July 1,
(Checklist 124). 1993; and OAC Rules 252:200-3-
1 through 252:200-3-6,
effective May 26, 1994.
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Oklahoma is not authorized to operate the Federal program on Indian
lands. This authority remains with EPA.
C. Decision
I conclude that DEQ's application for a program revision meets the
statutory and regulatory requirements established by RCRA. Accordingly,
DEQ is granted final authorization to operate its hazardous waste
program as revised. Oklahoma now has responsibility for permitting
treatment, storage, and disposal facilities within its borders and for
carrying out the aspects of the RCRA program described in its revised
program application, subject to the limitations of the HSWA. Oklahoma
also has primary enforcement responsibilities, although EPA retains the
right to conduct inspections under Section 3007 of RCRA, and to take
enforcement actions under Sections 3008, 3013, and 7003 of RCRA.
D. Codification in Part 272
EPA uses 40 CFR 272 for codification of the decision to authorize
DEQ's program and for incorporation by reference of those provisions of
its statutes and regulations that EPA will enforce under Section 3008,
3013, and 7003 of RCRA. Therefore, EPA is reserving amendment of 40 CFR
272, Subpart LL until a later date.
Compliance With Executive Order 12866
The Office of Management and Budget has exempted this rule from the
requirements of Section 6 of Executive Order 12866.
Certification Under the Regulatory Flexibility Act
Pursuant to the provisions of 4 U.S.C. 605(b), I hereby certify
that this authorization will not have a significant economic impact on
a substantial number of small entities. This authorization effectively
suspends the applicability of certain Federal regulations in favor of
Oklahoma's program, thereby eliminating duplicative requirements for
handlers of hazardous waste in the State. This authorization does not
impose any new burdens on small entities. This rule, therefore, does
not require a regulatory flexibility analysis.
List of Subjects in 40 CFR Part 271
Environmental protection, Administrative practice and procedure,
Confidential business information, Hazardous materials transportation,
Hazardous waste, Indian lands, Intergovernmental relations, Penalties,
Reporting and recordkeeping requirements, Water pollution control, and
Water supply.
[[Page 2702]]
Authority
This notice is issued under the authority of Sections 2002(a), 3006
and 7004(b) of the Solid Waste Disposal Act as amended, 42 U.S.C.
6912(a), 6926, and 6974(b).
Dated: December 30, 1994.
Lynda F. Carroll,
Acting Regional Administrator.
[FR Doc. 95-702 Filed 1-10-95; 8:45 am]
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