[Federal Register Volume 63, Number 236 (Wednesday, December 9, 1998)]
[Rules and Regulations]
[Pages 67800-67802]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-32575]
[[Page 67800]]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 271
[FRL-6198-9]
Oklahoma: Final Authorization of State Hazardous Waste Management
Program Revisions
AGENCY: Environmental Protection Agency (EPA).
ACTION: Immediate final rule.
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SUMMARY: The State of Oklahoma has applied for final authorization to
revise its Hazardous Waste Program under the Resource Conservation and
Recovery Act (RCRA). The EPA has reviewed Oklahoma Department of
Environmental Quality's (ODEQ) application and determined that its
Hazardous Waste Program revision satisfies all of the requirements
necessary to qualify for final authorization. Unless adverse written
comments are received on this action, EPA's decision to approve
Oklahoma's Hazardous Waste Program Revision will take effect as
provided below in accordance with Hazardous and Solid Waste Amendments
of 1984 (HSWA).
DATES: This immediate final rule is effective on February 8, 1999
without further notice, unless EPA receives adverse comments by January
8, 1999. Should the EPA receive such comments, it will publish a timely
withdrawal of this Immediate Final Rule in the Federal Register and
inform the public that the rule will not take effect.
Written comments, referring to Docket Number OK-98-3, should be
sent to Alima Patterson, Region 6 Authorization Coordinator, Grants and
Authorization Section (6PD-G), Multimedia Planning and Permitting
Division, EPA Region 6, 1445 Ross Avenue, Dallas, Texas 75202, phone
(214) 665-8533.
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 4:00 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, 1445 Ross Avenue, Dallas, Texas 65202, phone (214) 665-
6444.
FOR FURTHER INFORMATION CONTACT: Alima Patterson, Region 6
Authorization Coordinator, Grants and Authorization Section (6PD-G),
Multimedia Planning and Permitting Division, EPA Region 6, 1445 Ross
Avenue, Dallas, Texas 75202, phone (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 Code of Federal Regulations (CFR)
parts 124, 260-264, 265, 266, 268, 270, 273 and 279.
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), effective November 27, 1990 (55 FR
39274), effective June 3, 1991 (56 FR 13411), effective November 19,
1991 (56 FR 47675), effective December 21, 1994 (59 FR 51116-51122),
effective April 27, 1995 (60 FR 2699-2702), effective October 9, 1996
(61 FR 52884-52886), and Technical Correction effective March 14, 1997
(62 FR 12100). The authorized Oklahoma RCRA program was incorporated by
reference into the CFR effective December 13, 1993 and July 14, 1998.
On July 31, 1998, Oklahoma submitted a final complete program revision
application for additional program approvals. The State of Oklahoma has
also adopted the regulations for Import and Export of Hazardous Waste.
However, the requirements of the Import and Export regulations will be
administered by the EPA and not the State because the exercise of
foreign relations and international commerce powers is reserved to the
Federal government under the United States Constitution. Therefore, the
State is not seeking authorization for this rule. Today, Oklahoma is
seeking approval of its program revision in accordance with
Sec. 271.21(b)(3).
Oklahoma statutes provide authority for a single State agency, the
ODEQ, to administer the provisions of the State Hazardous Waste
Management Program. These statutes are the Oklahoma Environmental
Quality Act, 27 O.S. Supplement (Supp) 1997 sections 1-1-101 et seq.
General provisions of the Oklahoma Environmental Quality Code which may
affect the Hazardous Waste Program, 27A O.S. Supp. 1997 sections 2-1-
101 through 2-3-507; and the Oklahoma Hazardous Waste Management Act
(OHWMA), 27A O.S. Supp. 1997 sections 2-7-101 et seq. No amendments
were made to the above statutory authorities during the 1997
legislative session which will substantially affect the State Hazardous
Waste Management Program; however, 27A O.S. sections 2-14-305 has been
added to allow for issuance of general permits.
On January 8, 1998, the Council voted to recommend amendments to
Oklahoma Administrative Code (OAC) 252:200-3-1 and 252:200:3-2 to
incorporate by reference, in accordance with Guidelines For State
Adoption of Federal Regulations by Reference, the following EPA
Hazardous Waste Management Regulations as amended through July 1, 1997:
the provisions of 40 CFR part 124 which are required by 40 CFR 271.14
as well as 124.31, 124.32 and 124.33; 40 CFR parts 260-266, with the
exception of 40 CFR 260.20 through 260.22, 40 CFR part 268, 40 CFR part
270, 40 CFR part 273 and 40 CFR part 279. The Board adopted these
amendments on January 27, 1998 as permanent and emergency rules. The
emergency rules amendments became effective as permanent rules on June
1, 1998. The ODEQ remains the official agency of the State of Oklahoma,
as designated by 27A O.S. Supp. 1997 sections 2-7-105(13) to cooperate
with Federal agencies for the purposes of hazardous waste regulations.
The OHWMA delegates authority to the ODEQ to administer the State
Hazardous Waste Program, including the statutory and regulatory
provisions necessary to administer the RCRA Cluster VI requirements.
The EPA reviewed ODEQ's application, and today is making an
immediate final decision, subject to public review and comment, that
ODEQ's Hazardous Waste Program revisions satisfies all of the
requirements necessary to qualify for final authorization.
Consequently, the 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 January 8, 1999. Copies
of Oklahoma's application for program revision are available for
inspection and copying at the locations indicated in the ADDRESSES
section of this document.
Approval of ODEQ's program revision shall became effective 60 days
from the date this document is published, unless an adverse written
comment pertaining
[[Page 67801]]
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,
the EPA will publish either, (1) a withdrawal of the immediate final
decision, or (2) a document containing a response to the comment that
either affirms that the immediate final decision takes effect or
reverses the decision.
The ODEQ'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, 260-263, 264, 265,
266, 270, 273, and 279, that were published in the FR from July 1, 1995
through June 30, 1996. 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. Hazardous Waste OAC 27A Oklahoma Statutes (O.S.), Supp.
Management; Liquids in 1997, Sec. 2-2-104 laws added 1994,
Landfills, [60 FR 35703] effective July 1, 1994; Secs. 2-7-106,
July 11, 1995 (Checklist amended 1993, and 2-7-107(A)(10),
145). effective July 1, 1993. OHWMA, as
amended, 252:200-3-1, through 252:200-3-
4, amended January 27, 1998, emergency
rule effective March 23, 1998, permanent
rule effective June 1, 1998.
2. RCRA Expanded Public OAC 27A O.S., Supp. 1997, Secs. 2-7-104
Participation, [60 FR 63417] added 1994, effective July 1, 1994; 27A
December 11, 1995 (Checklist O.S. Supp. 1996 Sec. 2-7-106, and Sec.
148). 2-7-105(15), effective July 1, 1993;
OHWMA Rules 252:200-3-1 through 252:200-
3-4, amended January 27, 1998, emergency
effective date March 23,1998, permanent
rule effective June 1, 1998.
3. Identification and Listing OAC 27A O.S., Supp. 1997, Secs. 2-7-106
of Hazardous Waste; amended 1993, effective July 1, 1993;
Amendments to Definition of and Sec. 2-7-104, added by Laws 1994,
Solid Waste, [61 FR 13103], effective July 1, 1994; OHWMA Rules
March 26, 1996. (Checklist 252:200-3-1 through 252:200-3-4, amended
150). January 27, 1998, emergency effective
date March 23, 1998, permanent effective
June 1, 1998.
4. Land Disposal Restrictions OAC 27A O.S., Supp. 1996, Secs. 2-7-106
Phase III-Deharacterized amended 1993, effective July 1, 1993;
Wastewaters, Carbamate Sec. 2-7-104, Added by Laws 1994 and
Waste, and Spent Potliners, Sec. 2-7-106, effective July 1, 1994;
[61 FR 15660] April 8, 1996, OHWMA Rules 252:200-3-1 through 252:200-
[61 FR 19117] April 30, 1996 3-4, amended June 18, 1996, emergency
[61FR 33680], June 28, 1996, effective date August 1, 1996, permanent
[61 FR 36419], July 10, effective June 1, 1997; 252:200-3-5, and
1996, [61 FR 43924], April 252:200-3-6, Finally adopted March 30,
26, 1996, and [62 FR 7502] 1994, effective as permanent May 26,
February 19, 1997, 1994.
(Checklist 151.1, 151.2,
151.3, 151.4, 151.5 and
151.6).
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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. Upon effective final approval Oklahoma will be
responsible 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.
E. Unfunded Mandates Reform Act
Title II of the Unfunded Mandates Reform Act of 1995 (UMRA), Public
Law (Pub. 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.
The EPA has determined that sections 202 and 205 requirements do
not apply to today's action because this rule does not contain a
Federal mandate that may result in annual expenditures of $100 million
or more for State, local, and/or tribal governments already exist under
the State of Oklahoma's program, and today's action does not impose any
additional obligations on regulated entities. In fact, the EPA's
approval of State programs generally may reduce, not increase,
compliance costs for the private sector. Further, as it applies to the
State, this action does not impose a Federal intergovernmental mandate
because UMRA does not include duties arising from participation in a
voluntary federal program.
The requirements of sections 203 of UMRA also do not apply to
today's action because this rule contains no regulatory requirements
that might significantly or uniquely affect small governments. Although
small governments may be hazardous waste generators, transporters, or
own and/or operate of hazardous waste, treatments, storage or disposal
facilities (TSDFs), they are already subject to the regulatory
requirements under the existing State laws that are being authorized by
the EPA, and, thus, are not subject to any additional significant or
unique requirements by virtue of this program approval.
F. Certification Under the Regulatory Flexibility Act
Pursuant to the Regulatory Flexibility Act (5 U.S.C. 601 et seq.,
as amended by the Small Business Regulatory Enforcement Fairness Act of
1996), whenever an agency is required to publish a notice of rulemaking
for any proposed or final rule, it must prepare and make available for
public comment a regulatory flexibility analysis that describes the
effect of the rule on small entities (i.e., small businesses, small
organizations, and small governmental jurisdictions). This analysis is
unnecessary, however, if the agency's administrator certifies that the
rule will not have a significant economic impact on a substantial
number of small entities.
The EPA has determined that this authorization will not have a
significant economic impact on a substantial number of small entities.
Such small entities which are hazardous waste generators, transporters,
or which own and/or operate TSDFs are already
[[Page 67802]]
subject to the regulatory requirements under the existing State laws
that are now being authorized by the EPA. The EPA's authorization does
not impose any significant additional burdens on these small entities.
This is because the EPA's authorization would simply result in an
administrative change, rather than a change in the substantive
requirements imposed on these small entities.
Pursuant to the provision at 5 U.S.C. 605(b), the Agency hereby
certifies that this authorization will not have a significant economic
impact on a substantial number of small entities. This authorization
approves regulatory requirements under existing State law to which
small entities are already subject. It does not impose any new burdens
on small entities. This rule, therefore, does not require a regulatory
flexibility analysis.
G. Submission to Congress and the Comptroller General
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. 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 United States 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).
H. Regulatory Review Under Executive Order 12866
The Office of Management and Budget (OMB) has exempted this rule
from the requirements of section 3 of Executive Order 12866.
I. Protection of Children From Environmental Health Risk and Safety
risks Under Executive Order 13045
Executive Order 13045, ``Protection of Children from Environmental
Health Risks and Safety Risk'' applies to any rule that: (1) the OMB
determines is ``economically significant'' as defined under Executive
Order 12866, and (2) concerns an environmental health or safety risk
that the EPA has reason to believe may have a disproportionate effect
on children. If the regulatory action meets both criteria, the Agency
must evaluate the environmental health or safety effects of the planned
rule on children and explain why the planned regulation is preferable
to other potentially effective and reasonably feasible alternatives
considered by the Agency.
J. Enhancing Intergovernmental Partnership Under Executive Order
12875
Under Executive Order 12875, the EPA may not issue regulation that
is not required by statute and that creates a mandate upon a State,
local or tribal government, unless the Federal government provides the
funds necessary to pay the direct compliance costs incurred by those
governments. If the mandate is unfunded, the EPA must provide to the
OMB a description of the extent of EPA's prior consultation with
representatives of affected State, local and tribal governments, the
nature of their concerns, copies of any written communications from the
governments, and a statement supporting the need to issue the
regulation. In addition, Executive Order 12875 requires the EPA to
develop an effective process permitting elected officials and other
representatives of State, local and tribal governments ``to provide
meaningful and timely input in the development of regulatory proposals
containing significant unfunded mandates.''
This rule does not create a mandate on State, local or tribal
governments. The rule does not impose any enforceable duties on these
entities. Accordingly, the requirements of section 1 (a) of Executive
Order 12875 do not apply to this rule.
K. Consultation and Coordination With Indian Tribal Governments
Under Executive Order 13084
Under Executive Order 13084, the EPA may not issue a regulation
that is not require by statute, that significantly or uniquely affects
the communities of Indian tribal governments, and that imposes
substantial direct compliance costs on those communities, unless the
Federal government provides the funds necessary to pay the direct
compliance cost incurred by the tribal governments, or EPA consults
with those governments. If EPA complies by consulting, Executive Order
13084 requires the EPA to provide the OMB , in a separately identified
section of the preamble to the rule, a description of the extent of
EPA's prior consultation with representatives of affected tribal
governments, summary of the nature of their concerns, and a statement
supporting the need to issue the regulations. In addition, Executive
Order 13084 requires EPA to develop an effective process permitting
elected officials and other representatives of Indian tribal
governments ``to provide meaningful and timely input in the development
of regulatory policies on matters that significantly or uniquely affect
their communities.''
Today's rule does not significantly or uniquely affect the
communities of Indian tribal governments. Accordingly, the requirements
of section 3(b) of Executive Order 13084 do not apply to this rule.
L. National Technology Transfer and Advancement Act
Section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (NTTAA), Public Law 104-113, section 12(d) (15 U.S.C. 272
note) directs the EPA to use voluntary consensus standards in its
regulatory activities unless to do so would be inconsistent with
applicable law or otherwise impractical. Voluntary consensus standards
are technical standards (e.g. materials specifications, test methods,
sampling procedures, and business practices) that are developed or
adopted by voluntary consensus standards bodies. The NTTAA directs the
EPA to provide Congress, through OMB, explanations when the Agency
decides not to use available and applicable voluntary consensus
standards.
This action does not involved technical standards. Therefore, the
EPA did not consider the use of any voluntary consensus standards.
Paper Reduction Act
Under the Paperwork Reduction Act, 44 U.S.C. 3501 et seq., Federal
agencies must consider the Paperwork burden imposed by any information
request contained in a proposed rule or a final rule. This rule will
not impose any information requirements upon the required community.
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 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, 6974(b).
Jerry Clifford,
Deputy Regional Administrator, Region 6.
[FR Doc. 98-32575 Filed 12-8-98; 8:45 am]
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