[Federal Register Volume 61, Number 197 (Wednesday, October 9, 1996)]
[Rules and Regulations]
[Pages 52884-52886]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-25791]
[[Page 52884]]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 271
[FRL-5630-4]
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 has applied for Final authorization of
revision to its hazardous waste program under the Resource Conservation
and Recovery Act (RCRA), and the Environmental Protection Agency (EPA)
has 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 subject to the authority retained by
EPA in accordance with Hazardous and Solid Waste Amendments of 1984
(HSWA). The Oklahoma's application for the program revision is
available for public review and comment.
DATES: This final authorization for Oklahoma is effective December 23,
1996, unless EPA publishes a prior Federal Register (FR) action
withdrawing this Immediate Final Rule. All comments on the Oklahoma's
program revision application must be received by the close of business
November 25, 1996.
ADDRESSES: Copies of the Oklahoma program revision application and the
materials which 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 65202, phone (214) 665-6444. Written comments,
referring to Docket Number OK-96-1, should be sent to Alima Patterson,
Authorization Coordinator, Grants and Authorization Section (6PD-G),
EPA Region 6, First Interstate Bank Tower at Fountain Place, 1445 Ross
Avenue, Dallas, Texas 75202, Phone number: (214) 665-8533.
FOR FURTHER INFORMATION CONTACT: Alima Patterson, Authorization
Coordinator, Grants and Authorization Section (6PG-G), EPA Region 6,
First Interstate Bank Tower at Fountain Place, 1445 Ross Avenue,
Dallas, Texas 75202, Phone number: (214) 665-8533.
SUPPLEMENTARY INFORMATION:
A. Background
States with final authorization under section 3006(b) of the RCRA,
42 U.S.C. 6926(b), 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 parts 124, 260-268, and 270.
B. Oklahoma
Oklahoma initially received Final Authorization on January 10,
1985, (49 FR 50362) to implement its base hazardous waste management
program. Oklahoma received authorization for revisions to its program
on June 18, 1990 (55 FR 14280), November 27, 1990 (55 FR 39274), June
3, 1991 (56 FR 13411), November 19, 1991 (56 FR 47675), effective
December 21, 1994 (59 FR 51116-51123) and (60 FR 2699-2701), effective
April 27, 1995. The authorized Oklahoma RCRA program was incorporated
by reference into the Code of Federal Regulations effective December
13, 1993. On March 13, 1996, Oklahoma submitted a final complete
program revision application for additional program approvals. Today,
Oklahoma is seeking approval of its program revision in accordance with
Sec. 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 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. 27A O.S. Supp. Sec. 2-2-104 was enacted to clarify the adoption
by reference abilities of the Oklahoma Department of Environmental
Quality (ODEQ). See Rules 252:200-3-2 through 252:200-3-6 adopt the
Federal Requirements by reference.
The EPA reviewed ODEQ's application, and made an immediate final
decision that ODEQ'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 the EPA's final decision until November 25, 1996.
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 ODEQ'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 document
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, 1994. 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. Requirements for Oklahoma Hazardous Waste Management Act
Preparation, Adoption, and (OHWMA), as amended, 27A Oklahoma
Submittal of Implementation Statutes (O.S.), Supp. 1994, Secs. 2-7-
Plans, [58 FR 38816] July 107(A), (4) and 5), and 2-2-104,
20, 1993. (Checklist 125). effective July 1, 1994; and Oklahoma
Administrative Code (OAC) Rules 252:200-
3-1 through 252:200-3-6, effective May
26, 1994.
2. Testing and Monitoring OHWMA, as amended, 27A O.S., Supp. 1994,
Activities, [58 FR 46040] Secs. 2-2-106, effective July 1, 1994,
August 31, 1993. (Checklist OAC Rules 252:200-3-1 through 252:200-3-
126). 6, effective May 26, 1994.
[[Page 52885]]
3. Burning of Hazardous Waste OHWMA, as amended, 27A O.S., Supp. 1994,
in Boilers and Industrial Secs. 2-2-104, and 2-7-107(A)(5),
Furnaces, [58 FR 59598] effective July 1, 1994, and OAC Rules
November 9, 1993. (Checklist 252:200-3-1 through 252:200-3-6,
127). effective May 26, 1994.
4. Hazardous Waste Management OHWMA, as amended, 27A O.S., Supp. 1994,
Systems; Identification and Secs. 2-2-104 and Sec. 2-7-106,
Listing of Hazardous Waste; effective July 1, 1994, and OAC Rules
Waste from Wood Surface 252:200-3-1 through 252:200-3-6,
Protection, [59 FR 458] effective May 26, 1994.
January 4, 1994. (Checklist
128).
5. Hazardous Waste Management OHWMA, as amended, 27A O.S., Supp. 1994,
System; Identification and Secs. 2-2-104 and 2-7-106, effective
Listing of Hazardous Waste; July 1, 1994, and OAC Rules 252:200-3-1
Treatability Studies Sample through 252:200-3-6, effective May 26,
Exclusion, [59 FR 8362] 1994.
February 18, 1994.
(Checklist 129).
6. Hazardous Waste Management OHWMA, as amended, 27A O.S., Supp. 1994,
System; Identification and Secs. 2-2-104, and 2-7-107(A)(5)
Listing of Hazardous Waste; effective July 1, 1994, and OAC Rules
Recycled Used Oil Management 252:200-3-1 through 252:200-3-6,
Standards, [59 FR 10550] effective May 26, 1994.
March 4, 1994. (Checklist
130).
7. Recordkeeping OHWMA, as amended, 27A O.S., Supp. 1994,
Instructions, [59 FR 13891] Secs. 2-2-104, and 2-7-105(5), and 2-7-
March 24, 1994. (Checklist 106, effective July 1, 1994, and OAC
131). Rules 252:200-3-1 through 252:200-3-6,
effective May 26, 1994.
8. Hazardous Waste Management OHWMA, as amended, 27A O.S., Supp. 1994,
System; Identification and Sec. 2-7-106, and 2-2-104, effective
Listing of Hazardous Wastes; July 1, 1994, and OAC Rules 252:200-3-1
Wastes from Wood Surface through 252:200-3-6, effective May 26,
Protection; Correction, [59 1994.
FR 28484] June 2, 1994.
(Checklist 132).
9. Standards Applicable to OHWMA, as amended, 27A O.S., Supp. 1994,
Owners and Operators of Secs. 2-2-104, effective July 1, 1994,
Hazardous Waste Treatment, and OAC Rules 252:200-3-1 through
Storage, and Disposal 252:200-3-6, effective May 26, 1994.
Facilities, Underground
Storage, Tanks, and
Underground Injection
Control Systems; Financial
Assurance; Letter of Credit,
[59 FR 29958] June 10, 1994.
(Checklist 133).
10. Hazardous Waste OHWMA, as amended, 27A O.S., Supp. 1994,
Management System; Secs. 2-2-104, and 2-7-106, effective
Correction of Listing of July 1, 1994, and OAC Rules 252:200-3-1
P015-Beryllium Powder, [59 through 252:200-3-6, effective May 26,
FR 31551-31552] June 20, 1994.
1994. (Checklist 134).
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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 ODEQ's application for a program revision meets the
statutory and regulatory requirements established by RCRA. Accordingly,
ODEQ 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
The EPA uses 40 CFR part 272 for codification of the decision to
authorize ODEQ's program and for incorporation by reference of those
provisions of its Statutes and regulations that EPA will enforce under
Sections 3008, 3013, and 7003 of RCRA. Therefore, EPA is reserving
amendment of 40 CFR part 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.
Unfunded Mandates Reform Act
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), P. L.
104-4, establishes requirements for Federal agencies to assess the
effects of their regulatory actions on State, local, and tribal
governments and the private sector. Under section 202 of the UMRA, EPA
generally must prepare a written statement, including a cost-benefit
analysis, for proposed and final rules with ``Federal mandates'' that
may result in expenditures to State, local, and tribal governments, in
the aggregate, or to the private sector, of $100 million or more in any
one year. Before promulgating an EPA rule for which a written statement
is needed, section 205 of the UMRA generally requires EPA to identify
and consider a reasonable number of regulatory alternatives and adopt
the least costly, most cost-effective, or least burdensome alternative
that achieves the objectives of the rule. The provisions of section 205
do not apply when they are inconsistent with applicable law. Moreover,
section 205 allows the EPA to adopt an alternative other than the least
costly, most cost-effective, or least burdensome alternative if the
Administrator publishes with the final rule an explanation why that
alternative was not adopted. Before EPA establishes any regulatory
requirements that may significantly or uniquely affect small
governments, including tribal governments, it must have developed under
section 203 of the UMRA a small government agency plan. The plan must
provide for notifying potentially affected small governments, enabling
officials of affected small governments to have meaningful and timely
input in the development of the EPA regulatory proposals with
significant Federal intergovernmental mandates, and informing,
educating, and advising small governments on compliance with the
regulatory requirements.
The EPA has determined that this rule does not contain a Federal
mandate that may result in expenditures of $100 million or more for
State, local, and tribal governments, in the aggregate, or the private
sector in any one year. The
[[Page 52886]]
EPA does not anticipate that the approval of Oklahoma's hazardous waste
program referenced in today's notice will result in annual costs of
$100 million or more.
Today's rule contains no Federal mandates for State, local or
tribal governments or the private sector. The Act excludes from the
definition of a ``Federal mandate'' duties that arise from
participation in a voluntary Federal program, except in certain cases
where a ``federal intergovernmental mandate'' affects an annual federal
entitlement program of $500 million or more that are not applicable
here. Oklahoma's request for approval of a hazardous waste program is
voluntary; if a state chooses not to seek authorization for
administration of a hazardous waste program under RCRA Subtitle C, RCRA
regulation is left to EPA.
The EPA has determined that this rule does not contain a Federal
mandate that may result in expenditures $100 million or more for state,
local, and tribal governments in the aggregate, or the private sector
in any one year. The EPA does not anticipate that the approval of
Oklahoma's hazardous waste program referenced in today's notice will
result in annual costs of $100 million or more. The EPA's approval of
state programs generally may reduce, not increase, compliance costs for
the private sector since the State, by virtue of the approval, may now
administer the program in lieu of the EPA and exercise primary
enforcement. Hence, owners and operators of treatment, storage, or
disposal facilities TSDFs generally no longer face dual federal and
state compliance requirements, thereby reducing overall compliance
costs. Thus, today's rule is not subject to the requirements of
sections 202 and 205 of the UMRA.
Certification Under the Regulatory Flexibility Act
The EPA has determined that this authorization will not have a
significant economic impact on a substantial number of small entities.
The EPA recognizes that small entities may own and/or operate TSDFs
that will become subject to the requirements of an approved state
hazardous waste program. However, since such small entities which own
and/or operate TSDFs are already subject to the requirements in 40 CFR
Parts 264, 265 and 270, this authorization does not impose any
additional burdens on these small entities. This is because EPA's
authorization would result in an administrative change (i.e., whether
the Environmental Protection Agency or the state administers the RCRA
Subtitle C program in that state), rather than result in a change in
the substantive requirements imposed on small entities. Once EPA
authorizes a state to administer its own hazardous waste program and
any revisions to that program, these same small entities will be able
to own and operate their TSDFs under the approved state program, in
lieu of the federal program. Moreover, this authorization, in approving
a state program to operate in lieu of the federal program, eliminates
duplicative requirements for owners and operators of TSDFs in that
particular state.
Therefore, EPA provides the following certification under the
Regulatory Flexibility Act, as amended by the Small Business Regulatory
Enforcement Fairness Act. Pursuant to the provisions of 5 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.
It does not impose any new burdens on small entities. This rule,
therefore, does not require a regulatory flexibility analysis.
Submission to Congress and the General Accounting Office
Under 5 U.S.C. 801(a)(1)(A) as added by the Small Business
Regulatory Enforcement Fairness Act of 1996, the EPA submitted a report
containing this rule and other required information to the U.S. Senate,
the U. S. House of Representatives and the Comptroller General of the
General Accounting Office prior to publication of the rule in today's
Federal Register. This rule is not a ``major rule'' as defined by 5
U.S.C. 804(2).
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,
Water supply.
Authority: This document is issued under the authority of
sections 2002(a), 3006 and 7004(b) of the Solid Waste Disposal Act
as amended 42 U.S.C. 6912(a), 6926, 6974(b).
Dated: September 26, 1996.
Jerry Clifford,
Deputy Regional Administrator.
[FR Doc. 96-25791 Filed 10-8-96; 8:45 am]
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